As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 215

Representatives Letson, Mecklenborg 

Cosponsors: Representatives Hagan, Luckie, Fende, Mallory, Gardner, Lehner, Garland, Boyd, Yuko, Snitchler, Huffman, Bacon, Winburn 

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A BILL

To amend sections 4715.03, 4715.14, 4715.141,

1

4715.24, 4715.25, and 4715.30 and to enact

2

sections 4715.032, 4715.033, 4715.034, 4715.035,

3

4715.036, 4715.037, 4715.038, 4715.039, and

4

4715.0310 of the Revised Code to modify the law

5

governing investigations and hearings conducted by

6

the State Dental Board.

7

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4715.03, 4715.14, 4715.141,	8
4715.24, 4715.25, and 4715.30 be amended and sections 4715.032,	9
4715.033, 4715.034, 4715.035, 4715.036, 4715.037, 4715.038,	10
4715.039, and 4715.0310 of the Revised Code be enacted to read as	11
follows:	12

Sec. 4715.03.  (A) The state dental board shall organize by	13
the election from its members of a president and a secretary. It	14
shall hold meetings monthly at least eight months a year at such	15
times and places as the board designates. A majority of the	16
members of the board shall constitute a quorum. The board shall	17
make such reasonable rules as it determines necessary pursuant to	18
Chapter 119. of the Revised Code.	19

(B) A concurrence of a majority of the members of the board	20
shall be required to grant,do any of the following:	21

(1) Grant, refuse, suspend, place on probationary status,	22
revoke, refuse to renew, or refuse to reinstate a license or	23
censure a license holder or take any other action authorized under	24
section 4715.30 of the Revised Code;	25

(2) Seek an injunction under section 4715.05 of the Revised	26
Code;	27

(3) Enter into a consent agreement with a license holder;

28

(4) Refer a license holder to the quality intervention	29
program developed and implemented under section 4715.031 of the	30
Revised Code;	31

(5) Terminate an investigation conducted under division (D)	32
of this section;	33

(6) Dismiss any complaint filed with the board.

34

(C) The board shall adopt rules establishingin accordance	35
with Chapter 119. of the Revised Code to do all of the following:	36

(1) Establish standards for the safe practice of dentistry	37
and dental hygiene by qualified practitioners and shall, through	38
its policies and activities, promote such practice.;	39

The board shall adopt rules in accordance with Chapter 119.	40
of the Revised Code establishing(2) Establish universal blood and	41
body fluid precautions that shall be used by each person licensed	42
under this chapter who performs exposure prone invasive	43
procedures. The rules shall define and establish requirements for	44
universal blood and body fluid precautions that include the	45
following:	46

(1)(a) Appropriate use of hand washing;

47

(2)(b) Disinfection and sterilization of equipment;

48

(3)(c) Handling and disposal of needles and other sharp	49
instruments;	50

(4)(d) Wearing and disposal of gloves and other protective	51
garments and devices.	52

(3) For purposes of division (A)(4) of section 4715.30 of the	53
Revised Code, identify criminal offenses that are substantially	54
related to the practice of dentistry, dental hygiene, or any other	55
profession the board regulates. The board shall identify a	56
misdemeanor or felony as such an offense only if the nature of the	57
misdemeanor or felony has a direct bearing on the fitness or	58
ability of the individual to perform one or more of the duties or	59
responsibilities necessarily related to the practice of dentistry,	60
dental hygiene, or the other professions the board regulates.	61

(D) The board shall administer and enforce the provisions of	62
this chapter. The board shall, in accordance with sections	63
4715.032 to 4715.035 of the Revised Code, investigate evidence	64
which appears to show that any person has violated any provision	65
of this chapter. Any person may report to the board under oath any	66
information such person may have appearing to show a violation of	67
any provision of this chapter. In the absence of bad faith, any	68
person who reports such information or who testifies before the	69
board in any disciplinary proceeding conducted pursuant to Chapter	70
119. of the Revised Code is not liable for civil damages as a	71
result of making the report or providing testimony. If after	72
investigation and reviewing the recommendation of the supervisory	73
investigative panel issued pursuant to section 4715.034 of the	74
Revised Code the board determines that there are reasonable	75
grounds to believe that a violation of this chapter has occurred,	76
the board shall, except as provided in this chapter, conduct	77
disciplinary proceedings pursuant to Chapter 119. of the Revised	78
Code, seek an injunction under section 4715.05 of the Revised	79
Code, enter into a consent agreement with a license holder, or	80
provide for a license holder to participate in the quality	81
intervention program established under section 4715.031 of the	82
Revised Code. The board shall not dismiss any complaint or	83
terminate any investigation except by a majority vote of its	84
members. For	85

For the purpose of any disciplinary proceeding or any	86
investigation conducted under this division, the board may	87
administer oaths, order the taking of depositions, issue subpoenas	88
in accordance with section 4715.033 of the Revised Code, compel	89
the attendance and testimony of persons at depositions, and compel	90
the production of books, accounts, papers, documents, or other	91
tangible things. The hearings and investigations of the board	92
shall be considered civil actions for the purposes of section	93
2305.252 of the Revised Code. Notwithstanding section 121.22 of	94
the Revised Code and except as provided in section 4715.036 of the	95
Revised Code, proceedings of the board relative to the	96
investigation of a complaint or the determination whether there	97
are reasonable grounds to believe that a violation of this chapter	98
has occurred are confidential and are not subject to discovery in	99
any civil action.	100

(E)(1) The board shall examine or cause to be examined	101
eligible applicants to practice dental hygiene. The board may	102
distinguish by rule different classes of qualified personnel	103
according to skill levels and require all or only certain of these	104
classes of qualified personnel to be examined and certified by the	105
board.	106

(2) The board shall administer a written jurisprudence	107
examination to each applicant for a license to practice dentistry.	108
The examination shall cover only the statutes and administrative	109
rules governing the practice of dentistry in this state.	110

(F) In accordance with Chapter 119. of the Revised Code, the	111
board shall adopt, and may amend or rescind, rules establishing	112
the eligibility criteria, the application and permit renewal	113
procedures, and safety standards applicable to a dentist licensed	114
under this chapter who applies for a permit to employ or use	115
conscious intravenous sedation. These rules shall include all of	116
the following:	117

(1) The eligibility requirements and application procedures	118
for an eligible dentist to obtain a conscious intravenous sedation	119
permit;	120

(2) The minimum educational and clinical training standards	121
required of applicants, which shall include satisfactory	122
completion of an advanced cardiac life support course;	123

(3) The facility equipment and inspection requirements;

124

(4) Safety standards;

125

(5) Requirements for reporting adverse occurrences.

126

Sec. 4715.032.  The state dental board shall appoint four	127
two-member panels consisting of its members to supervise all	128
investigations conducted by the board. At least one member of each	129
panel must be a dentist.	130

The board shall assign one supervisory investigative panel to	131
supervise each investigation. Panels shall be assigned on a random	132
basis.	133

Sec. 4715.033.  (A) All subpoenas the state dental board	134
desires to issue with respect to an investigation shall, subject	135
to division (B) of this section, be authorized by the supervisory	136
investigative panel assigned to the investigation pursuant to	137
section 4715.032 of the Revised Code.	138

(B) Before a supervisory investigative panel authorizes the	139
board to issue a subpoena, the panel shall consult with the office	140
of the attorney general and determine whether there is probable	141
cause to believe that the complaint filed alleges a violation of	142
this chapter or any rule adopted under it and that the information	143
sought pursuant to the subpoena is relevant to the alleged	144
violation and material to the investigation.	145

(C) Any subpoena to compel the production of records that the	146
board issues after authorization by a supervisory investigative	147
panel shall pertain to records that cover a reasonable period of	148
time surrounding the alleged violation.	149

(D) On a person's failure to comply with a subpoena issued by	150
the board and after reasonable notice to that person of the	151
failure, the board may move for an order compelling the production	152
of persons or records pursuant to the Rules of Civil Procedure.	153

Sec. 4715.034.  A supervisory investigative panel assigned	154
pursuant to section 4715.032 of the Revised Code may ask to meet	155
with the individual who is the subject of the investigation at any	156
time during the investigation of the individual. At the conclusion	157
of the investigation, the panel shall recommend that the state	158
dental board do one of the following: pursue disciplinary action	159
under section 4715.30 of the Revised Code, seek an injunction	160
under section 4715.05 of the Revised Code, enter into a consent	161
agreement if the subject of the investigation is a licensee,	162
refer the individual to the quality intervention program	163
developed and implemented under section 4715.031 of the Revised	164
Code if the subject of the investigation is a licensee, or	165
terminate the investigation. The recommendation shall be in	166
writing, specify the reasons for the recommendation, and, except	167
as provided in section 4715.035 of the Revised Code, be made not	168
later than one year after the date the panel is assigned to	169
supervise the investigation.	170

Once a panel makes a recommendation under this section, the	171
panel members shall not participate in any deliberations the board	172
has on the case.	173

Sec. 4715.035.  A recommendation made by a panel regarding an	174
investigation in which a violation of division (A)(7) of section	175
4715.30 of the Revised Code is alleged shall be made not later	176
than two years after the panel is assigned to supervise the	177
investigation.	178

Sec. 4715.036.  (A) If the state dental board notifies an	179
individual who is an applicant, license holder, or other	180
individual of an opportunity for a hearing pursuant to section	181
119.07 of the Revised Code, the board shall state in the notice	182
that the individual is entitled to receive, on request and at no	183
cost to the individual, one copy of each item the board procures	184
or creates in the course of its investigation on the individual	185
at least sixty days prior to the hearing. Items may include, but	186
are not limited to, the complaint or complaints filed with the	187
board; correspondence, reports, and statements of any kind;	188
deposition transcripts; and patient dental records.	189

(B) If a request for investigative items is made pursuant to	190
this section, the hearing shall, notwithstanding section 119.07	191
of the Revised Code, be scheduled for a date that is at least	192
sixty-one days after the board provides the individual with the	193
investigative materials.	194

Sec. 4715.037.  (A) Notwithstanding the permissive nature of	195
hearing referee or examiner appointments under section 119.09 of	196
the Revised Code, the state dental board shall develop a roster of	197
at least ten referees or examiners who meet the standards in	198
division (B) of this section to conduct the hearings the board is	199
required to hold pursuant to sections 119.01 to 119.13 of the	200
Revised Code. Concurrence of a majority of the board's members is	201
required to appoint a referee or examiner to the roster.	202

(B) Referees or examiners appointed to the roster shall be	203
attorneys at law who have been admitted to the practice of law and	204
who are classified as either administrative law attorney examiners	205
or as administrative law attorney examiner administrators under	206
the state job classification plan adopted under section 124.14 of	207
the Revised Code.	208

(C) The board shall assign one referee or examiner from the	209
roster to conduct each hearing. Assignments shall be made in the	210
order the board receives requests for hearings without regard to	211
the experience or background of a particular referee or examiner	212
or the consideration of any factor other than whether the referee	213
or examiner is available at the appropriate time.	214

Sec. 4715.038. A hearing referee or examiner assigned to	215
conduct a hearing pursuant to section 4715.037 of the Revised Code	216
shall hear and consider the oral and documented evidence	217
introduced by the parties during the hearing. Not later than	218
thirty days following the close of the hearing, the referee or	219
examiner shall issue to the state dental board, in writing,	220
proposed findings of fact and conclusions of law. Along with the	221
proposed findings of fact and conclusions of law, the board shall	222
be given copies of the record of the hearing and all exhibits and	223
documents presented by the parties at the hearing.	224

Sec. 4715.039.  Prior to the state dental board's decision of	225
a case, the board shall allow the parties or their counsel an	226
opportunity to present oral arguments on the proposed findings of	227
fact and conclusions of law issued by the hearing referee or	228
examiner under section 4715.038 of the Revised Code. Not later	229
than sixty days following the board's receipt of the proposed	230
findings of fact and conclusions of law, or a date mutually agreed	231
to by the board and the applicant for or holder of a certificate	232
or license issued under this chapter, the board shall render a	233
decision. The decision shall be in writing and contain findings of	234
fact and conclusions of law.	235

Copies of the board's decision shall be delivered to the	236
applicant, licensee, or certificate holder personally or by	237
certified mail. The board's decision shall be considered final on	238
the date personal delivery of the decision is made or the date the	239
decision is mailed.	240

An individual may appeal a decision by the board in	241
accordance with the procedure specified in Chapter 119. of the	242
Revised Code.	243

Sec. 4715.0310. A notice of opportunity for a hearing issued	244
by the state dental board pursuant to section 119.07 of the	245
Revised Code and the name of the hearing referee or examiner the	246
board assigns to a hearing pursuant to section 4715.037 of the	247
Revised Code are public records under section 149.43 of the	248
Revised Code.	249

Sec. 4715.14.  (A) Each person who is licensed to practice	250
dentistry in Ohio shall, on or before the first day of January of	251
each even-numbered year, register with the state dental board. The	252
registration shall be made on a form prescribed by the board and	253
furnished by the secretary, shall include the licensee's name,	254
address, license number, and such other reasonable information as	255
the board may consider necessary, and shall include payment of a	256
biennial registration fee of two hundred forty-five dollars.	257
Except as provided in division (D)(F) of this section, this fee	258
shall be paid to the treasurer of state. All such registrations	259
Subject to division (D) of this section, a registration shall be	260
in effect for the two-year period beginning on the first day of	261
January of the even-numbered year and ending on the last day of	262
December of the following odd-numbered year, and shall be renewed	263
in accordance with the standard renewal procedure of sections	264
4745.01 to 4745.03 of the Revised Code. The failure of a licensee	265
to renew the licensee's registration in accordance with this	266
section shall result in an automatic suspension of the licensee's	267
license to practice dentistry.	268

(B) Any dentist whose license has been suspended under this	269
section may be reinstated by the payment of the biennial	270
registration fee and in addition thereto eighty-one dollars to	271
cover costs of the reinstatement; excepting that to anyA licensed	272
dentist who desires to temporarily retire from practice, and who	273
has given the board notice in writing to that effect, the board	274
shall grantbe granted such a retirement, provided only that at	275
that time all previous registration fees and additional costs of	276
reinstatement have been paid.	277

(C) The board shall notify a dentist who fails to renew a	278
license in accordance with division (A) of this section of all of	279
the following:	280

(1) That the board has not received the registration form and	281
fee described in that division;	282

(2) That the license may be renewed until the first day of	283
June following the last day of December of the odd-numbered year	284
in which the dentist was scheduled to renew by the payment of the	285
biennial registration fee and an additional fee of eighty-one	286
dollars to cover the cost of late renewal;	287

(3) That unless the board receives the registration form and	288
fee before the first day of June following the last day of	289
December of the odd-numbered year in which the dentist was	290
scheduled to renew, the board may, on or after the relevant first	291
day of June, initiate disciplinary action against the dentist	292
pursuant to Chapter 119. of the Revised Code;	293

(4) That a dentist whose license has been suspended as a	294
result of disciplinary action initiated pursuant to division	295
(C)(3) of this section may be reinstated by the payment of the	296
biennial registration fee and an additional fee of two hundred	297
dollars to cover the cost of reinstatement.	298

(D) Each dentist licensed to practice, whether a resident or	299
not, shall notify the secretary in writing of any change in the	300
dentist's office address or employment within ten days after such	301
change has taken place. On the first day of July of every	302
even-numbered year, the secretary shall issue a printed roster of	303
the names and addresses so registered.	304

(D)(E) Twenty dollars of each biennial registration fee shall	305
be paid to the dentist loan repayment fund created under section	306
3702.95 of the Revised Code.	307

Sec. 4715.141.  (A) Each licensed dentist shall complete	308
biennially not less than forty hours of continuing dental	309
education, which may include, but is not limited to, attendance at	310
lectures, study clubs, college and postgraduate courses, or	311
scientific sessions of conventions, research, graduate study,	312
teaching, service as a clinician, or correspondence courses.	313
Continuing dental education programs include, but are not limited	314
to, programs that address any of the following:	315

(1) CompentencyCompetency in treating patients who are	316
medically compromised or who experience medical emergencies during	317
the course of dental treatment;	318

(2) Knowledge of pharmaceutical products and the protocol of	319
the proper use of medications;	320

(3) Competency to diagnose oral pathology;

321

(4) Awareness of currently accepted methods of infection	322
control;	323

(5) Basic medical and scientific subjects including, but not	324
limited to, biology, physiology, pathology, biochemistry, and	325
pharmacology;	326

(6) Clinical and technological subjects including, but not	327
limited to, clinical techniques and procedures, materials, and	328
equipment;	329

(7) Subjects pertinent to health and safety.

330

Dentists shall earn continuing education credits at the rate	331
of one-half credit for each twenty-five to thirty contact minutes	332
of instruction and one credit hour for each fifty to sixty contact	333
minutes of instruction.	334

(B) Programs meeting the general requirements of division (A)	335
of this section may be developed and offered to dentists by any of	336
the following agencies or organizations:	337

(1) National, state, district, or local dental associations	338
affiliated with the American dental association or national dental	339
association;	340

(2) Accredited dental colleges or schools;

341

(3) Other organizations, schools, or agencies approved by the	342
state dental board.	343

(C) Each licensed dentist shall submit to the board at the	344
time of biennial registration pursuant to section 4715.14 of the	345
Revised Code a sworn affidavit, on a form acceptable to the state	346
dental board, attesting that he has completed continuing education	347
programs in compliance with this section and listing the date,	348
location, sponsor, subject matter, and hours completed of the	349
programs.	350

A licensed dentist shall retain in his records for a period	351
of at least three years such receipts, vouchers, or certificates	352
as may be necessary to document completion of continuing education	353
programs. With cause, the board may request such documentation	354
from licensed dentists, and the board may request such	355
documentation from licensed dentists selected at random without	356
cause.	357

(D) The board may excuse licensed dentists, as a group or as	358
individuals, from all or any part of the requirements of this	359
section because of an unusual circumstance, emergency, or special	360
hardship.	361

(E) Failure to comply with the requirements of this section	362
constitutes a failure to renew registration pursuant to section	363
4715.14 of the Revised CodeThe board shall notify a dentist who	364
fails to submit the affidavit required by division (C) of this	365
section of both of the following:	366

(1) That the board has not received the affidavit;

367

(2) That unless the board receives the affidavit before the	368
first day of June following the last day of December by which the	369
dentist was required to submit the affidavit, the board may, on	370
or after the relevant first day of June, initiate disciplinary	371
action against the dentist pursuant to Chapter 119. of the Revised	372
Code.	373

Sec. 4715.24.  (A) Each person who is licensed to practice as	374
a dental hygienist in Ohio shall, on or before the first day of	375
January of each even-numbered year, register with the state dental	376
board. The registration shall be made on a form prescribed by the	377
board and furnished by the secretary, shall include the licensee's	378
name, address, license number, and such other reasonable	379
information as the board may consider necessary, and shall include	380
payment of a biennial registration fee of one hundred five	381
dollars. This fee shall be paid to the treasurer of state. All	382
such registrations shall be in effect for the two-year period	383
beginning on the first day of January of each even-numbered year	384
and ending on the last day of December of the following	385
odd-numbered year, and shall be renewed in accordance with the	386
standard renewal procedure of sections 4745.01 to 4745.03 of the	387
Revised Code. The failure of a licensee to renew registration in	388
accordance with this section shall result in the automatic	389
suspension of the licensee's license to practice as a dental	390
hygienist.	391

(B) AnyThe board shall notify a dental hygienist who fails	392
to renew a license in accordance with division (A) of this section	393
of all of the following:	394

(1) That the board has not received the registration form and	395
fee described in that division;	396

(2) That the license may be renewed until the first day of	397
June following the last day of December of the odd-numbered year	398
in which the dental hygienist was scheduled to renew by the	399
payment of the biennial registration fee and an additional fee of	400
eighty-one dollars to cover the cost of late renewal;	401

(3) That unless the board receives the registration form and	402
fee before the first day of June following the last day of	403
December of the odd-numbered year in which the dental hygienist	404
was scheduled to renew, the board may, on or after the relevant	405
first day of June, initiate disciplinary action against the dental	406
hygienist pursuant to Chapter 119. of the Revised Code;	407

(4) That a dental hygienist whose license has been suspended	408
underas a result of disciplinary action initiated pursuant to	409
division (B)(3) of this section may be reinstated by the payment	410
of the biennial registration fee and in addition thereto	411
thirty-onean additional fee of two hundred dollars to cover the	412
costs of reinstatement.	413

(C) The license of a dental hygienist shall be exhibited in a	414
conspicuous place in the room in which the dental hygienist	415
practices. Each dental hygienist licensed to practice, whether a	416
resident or not, shall notify the secretary in writing of any	417
change in the dental hygienist's office address or employment	418
within ten days after the change takes place.	419

Sec. 4715.25.  (A) Every person licensed to practice as a	420
dental hygienist and required to register with the state dental	421
board shall certify to the board at the time of applying for a	422
renewal of registration that in the preceding two years the	423
registrant has completed a minimum of twelve hours of continuing	424
dental hygiene education. Certification shall be made upon the	425
application for registration prescribed by the board pursuant to	426
section 4715.24 of the Revised Code.	427

Continuing education programs may be developed and offered to	428
dental hygienists by any of the following agencies or	429
organizations:	430

(1) National, state, district, or local dental hygienists'	431
associations affiliated with the American dental hygienists'	432
association;	433

(2) National, state, district, or local dental associations	434
affiliated with the American dental association or national dental	435
association;	436

(3) Accredited dental hygiene colleges or schools;

437

(4) Accredited dental colleges or schools;

438

(5) Other organizations, schools, paraprofessional programs,	439
or agencies approved by the state dental board.	440

(B) A licensed dental hygienist shall retain in histhe	441
dental hygienist's records for a period of at least three years	442
such receipts, vouchers, or certificates as may be necessary to	443
document completion of continuing education programs. With cause,	444
the board may request such documentation from licensed dental	445
hygienists, and the board may request such documentation from	446
licensed dental hygienists at random without cause.	447

(C) The board may excuse licensed dental hygienists, as a	448
group or as individuals, from all or any part of the requirements	449
of this section because of an unusual circumstance, emergency, or	450
special hardship.	451

(D) Failure to comply with the requirements of this section	452
constitutes a failure to renew registration pursuant to section	453
4715.24 of the Revised CodeThe board shall notify a dental	454
hygienist who fails to submit the certification required by	455
division (A) of this section of both of the following:	456

(1) That the board has not received the certification;

457

(2) That unless the board receives the certification before	458
the first day of June following the last day of December by which	459
the dental hygienist was required to submit the certification, the	460
board may, on or after the relevant first day of June, initiate	461
disciplinary action against the dental hygienist pursuant to	462
Chapter 119. of the Revised Code.	463

Sec. 4715.30.  (A) TheAn applicant for or holder of a	464
certificate or license issued under this chapter is subject to	465
disciplinary action by the state dental board for any of the	466
following reasons:	467

(1) Employing or cooperating in fraud or material deception	468
in applying for or obtaining a license or certificate;	469

(2) Obtaining or attempting to obtain money or anything of	470
value by intentional misrepresentation or material deception in	471
the course of practice;	472

(3) Advertising services in a false or misleading manner or	473
violating the board's rules governing time, place, and manner of	474
advertising;	475

(4) Conviction of or plea of guilty to a misdemeanor	476
committed in the course of practice or of any felonycriminal	477
offense identified by the board in rules adopted under section	478
4715.03 of the Revised Code as a criminal offense that is	479
substantially related to the practice of dentistry, dental	480
hygiene, or any other profession the board regulates;	481

(5) Engaging in lewd or immoral conduct in connection with	482
the provision of dental services;	483

(6) Selling, prescribing, giving away, or administering drugs	484
for other than legal and legitimate therapeutic purposes, or	485
conviction of violating any law of this state or the federal	486
government regulating the possession, distribution, or use of any	487
drug;	488

(7) Providing or allowing dental hygienists, expanded	489
function dental auxiliaries, or other practitioners of auxiliary	490
dental occupations working under the certificate or license	491
holder's supervision, or a dentist holding a temporary limited	492
continuing education license under division (C) of section 4715.16	493
of the Revised Code working under the certificate or license	494
holder's direct supervision, to provide dental care that departs	495
from or fails to conform to accepted standards for the profession,	496
whether or not injury to a patient results;	497

(8) Inability to practice under accepted standards of the	498
profession because of physical or mental disability, dependence on	499
alcohol or other drugs, or excessive use of alcohol or other	500
drugs;	501

(9) Violation of any provision of this chapter or any rule	502
adopted thereunder;	503

(10) Failure to use universal blood and body fluid	504
precautions established by rules adopted under section 4715.03 of	505
the Revised Code;	506

(11) Waiving the payment of all or any part of a deductible	507
or copayment that a patient, pursuant to a health insurance or	508
health care policy, contract, or plan that covers dental services,	509
would otherwise be required to pay if the waiver is used as an	510
enticement to a patient or group of patients to receive health	511
care services from that provider.	512

(12) Advertising that the certificate or license holder will	513
waive the payment of all or any part of a deductible or copayment	514
that a patient, pursuant to a health insurance or health care	515
policy, contract, or plan that covers dental services, would	516
otherwise be required to pay.	517

(B) A manager, proprietor, operator, or conductor of a dental	518
facility shall be subject to disciplinary action if any dentist,	519
dental hygienist, expanded function dental auxiliary, or qualified	520
personnel providing services in the facility is found to have	521
committed a violation listed in division (A) of this section and	522
the manager, proprietor, operator, or conductor knew of the	523
violation and permitted it to occur on a recurring basis.	524

(C) Subject to Chapter 119. of the Revised Code, the board	525
may take one or more of the following disciplinary actions if one	526
or more of the grounds for discipline listed in divisions (A) and	527
(B) of this section exist:	528

(1) Censure the license or certificate holder;

529

(2) Place the license or certificate on probationary status	530
for such period of time the board determines necessary and require	531
the holder to:	532

(a) Report regularly to the board upon the matters which are	533
the basis of probation;	534

(b) Limit practice to those areas specified by the board;

535

(c) Continue or renew professional education until a	536
satisfactory degree of knowledge or clinical competency has been	537
attained in specified areas.	538

(3) Suspend the certificate or license;

539

(4) Revoke the certificate or license.

540

Where the board places a holder of a license or certificate	541
on probationary status pursuant to division (C)(2) of this	542
section, the board may subsequently suspend or revoke the license	543
or certificate if it determines that the holder has not met the	544
requirements of the probation or continues to engage in activities	545
that constitute grounds for discipline pursuant to division (A) or	546
(B) of this section.	547

Any order suspending a license or certificate shall state the	548
conditions under which the license or certificate will be	549
restored, which may include a conditional restoration during which	550
time the holder is in a probationary status pursuant to division	551
(C)(2) of this section. The board shall restore the license or	552
certificate unconditionally when such conditions are met.	553

(D) If the physical or mental condition of an applicant or a	554
license or certificate holder is at issue in a disciplinary	555
proceeding, the board may order the license or certificate holder	556
to submit to reasonable examinations by an individual designated	557
or approved by the board and at the board's expense. The physical	558
examination may be conducted by any individual authorized by the	559
Revised Code to do so, including a physician assistant, a	560
clinical nurse specialist, a certified nurse practitioner, or a	561
certified nurse-midwife. Any written documentation of the physical	562
examination shall be completed by the individual who conducted the	563
examination.	564

Failure to comply with an order for an examination shall be	565
grounds for refusal of a license or certificate or summary	566
suspension of a license or certificate under division (E) of this	567
section.	568

(E) If the board has reason to believe that thea license or	569
certificate holder represents a clear and immediate danger to the	570
public health and safety if the holder is allowed to continue to	571
practice, or if the holder has failed to comply with an order	572
under division (D) of this section, the board may apply to the	573
court of common pleas of the county in which the holder resides	574
for an order temporarily suspending the holder's license or	575
certificate, without a prior hearing being afforded by the board,	576
until the board conducts an adjudication hearing pursuant to	577
Chapter 119. of the Revised Code. If the court temporarily	578
suspends a holder's license or certificate, the board shall give	579
written notice of the suspension personally or by certified mail	580
to the license or certificate holder. Such notice shall include	581
specific facts and reasons for finding a clear and immediate	582
danger to the public health and safety and shall inform the	583
license or certificate holder of the right to a hearing pursuant	584
to Chapter 119. of the Revised Code.	585

(F) Any holder of a certificate or license issued under this	586
chapter who has pleaded guilty to, has been convicted of, or has	587
had a judicial finding of eligibility for intervention in lieu of	588
conviction entered against the holder in this state for aggravated	589
murder, murder, voluntary manslaughter, felonious assault,	590
kidnapping, rape, sexual battery, gross sexual imposition,	591
aggravated arson, aggravated robbery, or aggravated burglary, or	592
who has pleaded guilty to, has been convicted of, or has had a	593
judicial finding of eligibility for treatment or intervention in	594
lieu of conviction entered against the holder in another	595
jurisdiction for any substantially equivalent criminal offense, is	596
automatically suspended from practice under this chapter in this	597
state and any certificate or license issued to the holder under	598
this chapter is automatically suspended, as of the date of the	599
guilty plea, conviction, or judicial finding, whether the	600
proceedings are brought in this state or another jurisdiction.	601
Continued practice by an individual after the suspension of the	602
individual's certificate or license under this division shall be	603
considered practicing without a certificate or license. The board	604
shall notify the suspended individual of the suspension of the	605
individual's certificate or license under this division by	606
certified mail or in person in accordance with section 119.07 of	607
the Revised Code. If an individual whose certificate or license is	608
suspended under this division fails to make a timely request for	609
an adjudicatory hearing, the board shall enter a final order	610
revoking the individual's certificate or license.	611

(G) Notwithstanding divisions (A)(11) and (12) of this	612
section, sanctions shall not be imposed against any licensee who	613
waives deductibles and copayments:	614

(1) In compliance with the health benefit plan that expressly	615
allows such a practice. Waiver of the deductibles or copayments	616
shall be made only with the full knowledge and consent of the plan	617
purchaser, payer, and third-party administrator. Such consent	618
shall be made available to the board upon request.	619

(2) For professional services rendered to any other person	620
licensed pursuant to this chapter to the extent allowed by this	621
chapter and the rules of the board.	622

(H) Under no circumstances shall the board consider or raise	623
during a hearing required by Chapter 119. of the Revised Code any	624
action authorized under this section that the board took on a	625
prior occasion with respect to a person if the charges in the	626
subsequent action relate to events or circumstances that occurred	627
in the same time period and are of the same nature as the charges	628
in the prior action.	629

Section 2.  That existing sections 4715.03, 4715.14,	630
4715.141, 4715.24, 4715.25, and 4715.30 of the Revised Code are	631
hereby repealed.	632