As Passed by the House

128th General Assembly Regular Session 2009-2010

Am. Sub. H. B. No. 215

Representatives Letson, Mecklenborg 

Cosponsors: Representatives Hagan, Luckie, Fende, Mallory, Gardner, Lehner, Garland, Boyd, Yuko, Snitchler, Huffman, Bacon, Winburn, Amstutz, Batchelder, Beck, Belcher, Blair, Bolon, Book, Boose, Brown, Bubp, Burke, Combs, DeBose, DeGeeter, Derickson, Domenick, Dyer, Evans, Garrison, Gerberry, Goodwin, Hackett, Hall, Harris, Hite, Jordan, Lundy, McClain, McGregor, Newcomb, Oelslager, Patten, Ruhl, Sayre, Sears, Stebelton, Stewart, Uecker, Wagner, Zehringer 

---

A BILL

To amend sections 119.12, 4715.03, 4715.031, 4715.06,

1

4715.14, 4715.141, 4715.24, 4715.25, and 4715.30

2

and to enact sections 4715.032, 4715.033,

3

4715.034, 4715.035, 4715.036, 4715.037, 4715.038,

4

4715.039, and 4715.0310 of the Revised Code to

5

modify the law governing investigations and

6

hearings conducted by the State Dental Board and

7

to require a person appealing an administrative

8

adjudication merely to state in the notice of

9

appeal that the order is not supported by

10

reliable, probative, and substantial evidence and

11

is not in accordance with law.

12

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

Section 1. That sections 119.12, 4715.03, 4715.031, 4715.06,	13
4715.14, 4715.141, 4715.24, 4715.25, and 4715.30 be amended and	14
sections 4715.032, 4715.033, 4715.034, 4715.035, 4715.036,	15
4715.037, 4715.038, 4715.039, and 4715.0310 of the Revised Code be	16
enacted to read as follows:	17

Sec. 119.12.  Any party adversely affected by any order of an	18
agency issued pursuant to an adjudication denying an applicant	19
admission to an examination, or denying the issuance or renewal of	20
a license or registration of a licensee, or revoking or suspending	21
a license, or allowing the payment of a forfeiture under section	22
4301.252 of the Revised Code may appeal from the order of the	23
agency to the court of common pleas of the county in which the	24
place of business of the licensee is located or the county in	25
which the licensee is a resident, except that appeals from	26
decisions of the liquor control commission, the state medical	27
board, state chiropractic board, and board of nursing shall be to	28
the court of common pleas of Franklin county. If any party	29
appealing from the order is not a resident of and has no place of	30
business in this state, the party may appeal to the court of	31
common pleas of Franklin county.	32

Any party adversely affected by any order of an agency issued	33
pursuant to any other adjudication may appeal to the court of	34
common pleas of Franklin county, except that appeals from orders	35
of the fire marshal issued under Chapter 3737. of the Revised Code	36
may be to the court of common pleas of the county in which the	37
building of the aggrieved person is located and except that	38
appeals under division (B) of section 124.34 of the Revised Code	39
from a decision of the state personnel board of review or a	40
municipal or civil service township civil service commission shall	41
be taken to the court of common pleas of the county in which the	42
appointing authority is located or, in the case of an appeal by	43
the department of rehabilitation and correction, to the court of	44
common pleas of Franklin county.	45

This section does not apply to appeals from the department of	46
taxation.	47

Any party desiring to appeal shall file a notice of appeal	48
with the agency setting forth the order appealed from and the	49
grounds of the party's appealstating that the agency's order is	50
not supported by reliable, probative, and substantial evidence and	51
is not in accordance with law. The notice of appeal may, but need	52
not, set forth the specific grounds of the party's appeal beyond	53
the statement that the agency's order is not supported by	54
reliable, probative, and substantial evidence and is not in	55
accordance with law. A copy of theThe notice of appeal shall also	56
be filed by the appellant with the court. In filing a notice of	57
appeal with the agency or court, the notice that is filed may be	58
either the original notice or a copy of the original notice.	59
Unless otherwise provided by law relating to a particular agency,	60
notices of appeal shall be filed within fifteen days after the	61
mailing of the notice of the agency's order as provided in this	62
section. For purposes of this paragraph, an order includes a	63
determination appealed pursuant to division (C) of section 119.092	64
of the Revised Code. The amendments made to this paragraph by	65
Sub. H.B. 215 of the 128th general assembly are procedural, and	66
this paragraph as amended by those amendments shall be applied	67
retrospectively to all appeals pursuant to this paragraph filed	68
prior to, on, or after the effective date of those amendments.	69

The filing of a notice of appeal shall not automatically	70
operate as a suspension of the order of an agency. If it appears	71
to the court that an unusual hardship to the appellant will result	72
from the execution of the agency's order pending determination of	73
the appeal, the court may grant a suspension and fix its terms. If	74
an appeal is taken from the judgment of the court and the court	75
has previously granted a suspension of the agency's order as	76
provided in this section, the suspension of the agency's order	77
shall not be vacated and shall be given full force and effect	78
until the matter is finally adjudicated. No renewal of a license	79
or permit shall be denied by reason of the suspended order during	80
the period of the appeal from the decision of the court of common	81
pleas. In the case of an appeal from the state medical board or	82
state chiropractic board, the court may grant a suspension and fix	83
its terms if it appears to the court that an unusual hardship to	84
the appellant will result from the execution of the agency's order	85
pending determination of the appeal and the health, safety, and	86
welfare of the public will not be threatened by suspension of the	87
order. This provision shall not be construed to limit the factors	88
the court may consider in determining whether to suspend an order	89
of any other agency pending determination of an appeal.	90

The final order of adjudication may apply to any renewal of a	91
license or permit which has been granted during the period of the	92
appeal.	93

Notwithstanding any other provision of this section, any	94
order issued by a court of common pleas or a court of appeals	95
suspending the effect of an order of the liquor control commission	96
issued pursuant to Chapter 4301. or 4303. of the Revised Code that	97
suspends, revokes, or cancels a permit issued under Chapter 4303.	98
of the Revised Code or that allows the payment of a forfeiture	99
under section 4301.252 of the Revised Code shall terminate not	100
more than six months after the date of the filing of the record of	101
the liquor control commission with the clerk of the court of	102
common pleas and shall not be extended. The court of common pleas,	103
or the court of appeals on appeal, shall render a judgment in that	104
matter within six months after the date of the filing of the	105
record of the liquor control commission with the clerk of the	106
court of common pleas. A court of appeals shall not issue an order	107
suspending the effect of an order of the liquor control commission	108
that extends beyond six months after the date on which the record	109
of the liquor control commission is filed with a court of common	110
pleas.	111

Notwithstanding any other provision of this section, any	112
order issued by a court of common pleas suspending the effect of	113
an order of the state medical board or state chiropractic board	114
that limits, revokes, suspends, places on probation, or refuses to	115
register or reinstate a certificate issued by the board or	116
reprimands the holder of the certificate shall terminate not more	117
than fifteen months after the date of the filing of a notice of	118
appeal in the court of common pleas, or upon the rendering of a	119
final decision or order in the appeal by the court of common	120
pleas, whichever occurs first.	121

Within thirty days after receipt of a notice of appeal from	122
an order in any case in which a hearing is required by sections	123
119.01 to 119.13 of the Revised Code, the agency shall prepare and	124
certify to the court a complete record of the proceedings in the	125
case. Failure of the agency to comply within the time allowed,	126
upon motion, shall cause the court to enter a finding in favor of	127
the party adversely affected. Additional time, however, may be	128
granted by the court, not to exceed thirty days, when it is shown	129
that the agency has made substantial effort to comply. The record	130
shall be prepared and transcribed, and the expense of it shall be	131
taxed as a part of the costs on the appeal. The appellant shall	132
provide security for costs satisfactory to the court of common	133
pleas. Upon demand by any interested party, the agency shall	134
furnish at the cost of the party requesting it a copy of the	135
stenographic report of testimony offered and evidence submitted at	136
any hearing and a copy of the complete record.	137

Notwithstanding any other provision of this section, any	138
party desiring to appeal an order or decision of the state	139
personnel board of review shall, at the time of filing a notice of	140
appeal with the board, provide a security deposit in an amount and	141
manner prescribed in rules that the board shall adopt in	142
accordance with this chapter. In addition, the board is not	143
required to prepare or transcribe the record of any of its	144
proceedings unless the appellant has provided the deposit	145
described above. The failure of the board to prepare or transcribe	146
a record for an appellant who has not provided a security deposit	147
shall not cause a court to enter a finding adverse to the board.	148

Unless otherwise provided by law, in the hearing of the	149
appeal, the court is confined to the record as certified to it by	150
the agency. Unless otherwise provided by law, the court may grant	151
a request for the admission of additional evidence when satisfied	152
that the additional evidence is newly discovered and could not	153
with reasonable diligence have been ascertained prior to the	154
hearing before the agency.	155

The court shall conduct a hearing on the appeal and shall	156
give preference to all proceedings under sections 119.01 to 119.13	157
of the Revised Code, over all other civil cases, irrespective of	158
the position of the proceedings on the calendar of the court. An	159
appeal from an order of the state medical board issued pursuant to	160
division (G) of either section 4730.25 or 4731.22 of the Revised	161
Code, or the state chiropractic board issued pursuant to section	162
4734.37 of the Revised Code, or the liquor control commission	163
issued pursuant to Chapter 4301. or 4303. of the Revised Code	164
shall be set down for hearing at the earliest possible time and	165
takes precedence over all other actions. The hearing in the court	166
of common pleas shall proceed as in the trial of a civil action,	167
and the court shall determine the rights of the parties in	168
accordance with the laws applicable to a civil action. At the	169
hearing, counsel may be heard on oral argument, briefs may be	170
submitted, and evidence may be introduced if the court has granted	171
a request for the presentation of additional evidence.	172

The court may affirm the order of the agency complained of in	173
the appeal if it finds, upon consideration of the entire record	174
and any additional evidence the court has admitted, that the order	175
is supported by reliable, probative, and substantial evidence and	176
is in accordance with law. In the absence of this finding, it may	177
reverse, vacate, or modify the order or make such other ruling as	178
is supported by reliable, probative, and substantial evidence and	179
is in accordance with law. The court shall award compensation for	180
fees in accordance with section 2335.39 of the Revised Code to a	181
prevailing party, other than an agency, in an appeal filed	182
pursuant to this section.	183

The judgment of the court shall be final and conclusive	184
unless reversed, vacated, or modified on appeal. These appeals may	185
be taken either by the party or the agency, shall proceed as in	186
the case of appeals in civil actions, and shall be pursuant to the	187
Rules of Appellate Procedure and, to the extent not in conflict	188
with those rules, Chapter 2505. of the Revised Code. An appeal by	189
the agency shall be taken on questions of law relating to the	190
constitutionality, construction, or interpretation of statutes and	191
rules of the agency, and, in the appeal, the court may also review	192
and determine the correctness of the judgment of the court of	193
common pleas that the order of the agency is not supported by any	194
reliable, probative, and substantial evidence in the entire	195
record.	196

The court shall certify its judgment to the agency or take	197
any other action necessary to give its judgment effect.	198

Sec. 4715.03.  (A) The state dental board shall organize by	199
the electionelecting from its members of a president and a,	200
secretary, and vice-secretary. The secretary and vice-secretary	201
shall be elected from the members of the board who are dentists.	202
It shall hold meetings monthly at least eight months a year at	203
such times and places as the board designates. A majority of the	204
members of the board shall constitute a quorum. The board shall	205
make such reasonable rules as it determines necessary pursuant to	206
Chapter 119. of the Revised Code.	207

(B) A concurrence of a majority of the members of the board	208
shall be required to grant,do any of the following:	209

(1) Grant, refuse, suspend, place on probationary status,	210
revoke, refuse to renew, or refuse to reinstate a license or	211
censure a license holder or take any other action authorized under	212
section 4715.30 of the Revised Code;	213

(2) Seek an injunction under section 4715.05 of the Revised	214
Code;	215

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

216

(4) If the board develops and implements the quality	217
intervention program under section 4715.031 of the Revised Code,	218
refer a license holder to the program;	219

(5) Terminate an investigation conducted under division (D)	220
of this section;	221

(6) Dismiss any complaint filed with the board.

222

(C) The board shall adopt rules establishingin accordance	223
with Chapter 119. of the Revised Code to do both of the following:	224

(1) Establish standards for the safe practice of dentistry	225
and dental hygiene by qualified practitioners and shall, through	226
its policies and activities, promote such practice.;	227

The board shall adopt rules in accordance with Chapter 119.	228
of the Revised Code establishing(2) Establish universal blood and	229
body fluid precautions that shall be used by each person licensed	230
under this chapter who performs exposure prone invasive	231
procedures. The rules shall define and establish requirements for	232
universal blood and body fluid precautions that include the	233
following:	234

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

235

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

236

(3)(c) Handling and disposal of needles and other sharp	237
instruments;	238

(4)(d) Wearing and disposal of gloves and other protective	239
garments and devices.	240

(D) The board shall administer and enforce the provisions of	241
this chapter. The board shall, in accordance with sections	242
4715.032 to 4715.035 of the Revised Code, investigate evidence	243
which appears to show that any person has violated any provision	244
of this chapter. Any person may report to the board under oath any	245
information such person may have appearing to show a violation of	246
any provision of this chapter. In the absence of bad faith, any	247
person who reports such information or who testifies before the	248
board in any disciplinary proceeding conducted pursuant to Chapter	249
119. of the Revised Code is not liable for civil damages as a	250
result of making the report or providing testimony. If after	251
investigation and reviewing the recommendation of the supervisory	252
investigative panel issued pursuant to section 4715.034 of the	253
Revised Code the board determines that there are reasonable	254
grounds to believe that a violation of this chapter has occurred,	255
the board shall, except as provided in this chapter, conduct	256
disciplinary proceedings pursuant to Chapter 119. of the Revised	257
Code, seek an injunction under section 4715.05 of the Revised	258
Code, enter into a consent agreement with a license holder, or	259
provide for a license holder to participate in the quality	260
intervention program established under section 4715.031 of the	261
Revised Code if the board develops and implements that program.	262
The board shall not dismiss any complaint or terminate any	263
investigation except by a majority vote of its members. For	264

For the purpose of any disciplinary proceeding or any	265
investigation conducted under this division, the board may	266
administer oaths, order the taking of depositions, issue subpoenas	267
in accordance with section 4715.033 of the Revised Code, compel	268
the attendance and testimony of persons at depositions, and compel	269
the production of books, accounts, papers, documents, or other	270
tangible things. The hearings and investigations of the board	271
shall be considered civil actions for the purposes of section	272
2305.252 of the Revised Code. Notwithstanding section 121.22 of	273
the Revised Code and except as provided in section 4715.036 of the	274
Revised Code, proceedings of the board relative to the	275
investigation of a complaint or the determination whether there	276
are reasonable grounds to believe that a violation of this chapter	277
has occurred are confidential and are not subject to discovery in	278
any civil action.	279

(E)(1) The board shall examine or cause to be examined	280
eligible applicants to practice dental hygiene. The board may	281
distinguish by rule different classes of qualified personnel	282
according to skill levels and require all or only certain of these	283
classes of qualified personnel to be examined and certified by the	284
board.	285

(2) The board shall administer a written jurisprudence	286
examination to each applicant for a license to practice dentistry.	287
The examination shall cover only the statutes and administrative	288
rules governing the practice of dentistry in this state.	289

(F) In accordance with Chapter 119. of the Revised Code, the	290
board shall adopt, and may amend or rescind, rules establishing	291
the eligibility criteria, the application and permit renewal	292
procedures, and safety standards applicable to a dentist licensed	293
under this chapter who applies for a permit to employ or use	294
conscious intravenous sedation. These rules shall include all of	295
the following:	296

(1) The eligibility requirements and application procedures	297
for an eligible dentist to obtain a conscious intravenous sedation	298
permit;	299

(2) The minimum educational and clinical training standards	300
required of applicants, which shall include satisfactory	301
completion of an advanced cardiac life support course;	302

(3) The facility equipment and inspection requirements;

303

(4) Safety standards;

304

(5) Requirements for reporting adverse occurrences.

305

Sec. 4715.031.  (A) The state dental board shallmay develop	306
and implement a quality intervention program. The board may	307
propose that the holder of a license issued by the board	308
participate in the program if the board determines pursuant to an	309
investigation conducted under section 4715.03 of the Revised Code	310
that there are reasonable grounds to believe the license holder	311
has violated a provision of this chapter due to a clinical or	312
communication problem that could be improved through participation	313
in the program and determines that the license holder's	314
participation in the program is appropriate. The board shall refer	315
a license holder who agrees to participate in the program to an	316
educational and assessment service provider selected by the board.	317

The board shall selectIf the board develops and implements	318
the quality intervention program, the board shall do all of the	319
following:	320

(1) Select, by a concurrence of a majority of the board's	321
members, educational and assessment service providers, which may	322
include quality intervention program panels of case reviewers. A	323
provider selected by the board to provide services to a license	324
holder shall recommend to the board the educational and assessment	325
services the license holder should receive under the program. The	326
license holder may begin participation in the program if the board	327
approves the services the provider recommends. The license holder	328
shall not be required to participate in the program beyond thirty	329
days from the date the license holder agrees to participate in the	330
program under this division. The license holder shall pay the	331
amounts charged by the provider for the services.	332

The board shall monitor(2) Monitor a license holder's	333
progress in the program and determine whether the license holder	334
has successfully completed the program. If the board determines	335
that the license holder has successfully completed the program, it	336
may continue to monitor the license holder, take other action it	337
considers appropriate, or both. The additional monitoring, other	338
action taken by the board, or both, shall not continue beyond one	339
year from the date the license holder agrees to participate in the	340
program under this division. If the board determines that the	341
license holder has not successfully completed the program, it	342
shall, as soon as possible thereafter, commence disciplinary	343
proceedings against the license holder under section 4715.03 of	344
the Revised Code.	345

(3) Elect from the board's members who are dentists a	346
coordinator to administer the quality intervention program.	347

(B) The board may adopt rules in accordance with Chapter 119.	348
of the Revised Code to further implement the quality intervention	349
program.	350

Sec. 4715.032.  There is hereby created the supervisory	351
investigative panel of the state dental board. The supervisory	352
investigative panel shall consist solely of the board's secretary	353
and vice-secretary. The supervisory investigative panel shall	354
supervise all of the board's investigations.	355

Sec. 4715.033.  (A) All subpoenas the state dental board	356
desires to issue with respect to an investigation shall, subject	357
to division (B) of this section, be authorized by the supervisory	358
investigative panel.	359

(B) Before the supervisory investigative panel authorizes the	360
board to issue a subpoena, the panel shall consult with the office	361
of the attorney general and determine whether there is probable	362
cause to believe that the complaint filed alleges a violation of	363
this chapter or any rule adopted under it and that the information	364
sought pursuant to the subpoena is relevant to the alleged	365
violation and material to the investigation.	366

(C)(1) Any subpoena to compel the production of records that	367
the board issues after authorization by the supervisory	368
investigative panel shall pertain to records that cover a	369
reasonable period of time surrounding the alleged violation.	370

(2)(a) Except as provided in division (C)(2)(b) of this	371
section, the subpoena shall state that the person being subpoenaed	372
has a reasonable period of time that is not less than three	373
calendar days to comply with the subpoena.	374

(b) If the board's executive director determines that the	375
person being subpoenaed represents a clear and immediate danger to	376
the public health and safety, the subpoena shall state that the	377
person being subpoenaed must immediately comply with the subpoena.	378

(D) On a person's failure to comply with a subpoena issued by	379
the board and after reasonable notice to that person of the	380
failure, the board may move for an order compelling the production	381
of persons or records pursuant to the Rules of Civil Procedure.	382

Sec. 4715.034.  (A) The supervisory investigative panel may	383
ask to meet with the individual who is the subject of the	384
investigation at any time during the investigation of the	385
individual. At the conclusion of the investigation, the panel	386
shall recommend that the state dental board do one of the	387
following:	388

(1) Pursue disciplinary action under section 4715.30 of the	389
Revised Code;	390

(2) Seek an injunction under section 4715.05 of the Revised	391
Code;	392

(3) Enter into a consent agreement if the subject of the	393
investigation is a licensee;	394

(4) Refer the individual to the quality intervention program	395
if that program is developed and implemented under section	396
4715.031 of the Revised Code and the subject of the investigation	397
is a licensee;	398

(5) Terminate the investigation.

399

(B) The supervisory investigative panel's recommendation	400
shall be in writing and specify the reasons for the	401
recommendation. Except as provided in section 4715.035 of the	402
Revised Code, the supervisory investigative panel shall make its	403
recommendation not later than one year after the date the panel	404
begins to supervise the investigation or, if the investigation	405
pertains to an alleged violation of division (A)(7) of section	406
4715.30 of the Revised Code, not later than two years after the	407
panel begins to supervise the investigation.	408

Once the panel makes a recommendation under this section, the	409
secretary and vice-secretary of the board shall not participate in	410
any deliberations the board has on the case.	411

Sec. 4715.035.  If the supervisory investigative panel is	412
supervising an investigation of an individual who is also the	413
subject of a criminal investigation and the panel suspends the	414
investigation because the panel is asked to do so by the entity	415
conducting the criminal investigation or the panel determines that	416
it is necessary to do so due to the criminal investigation, the	417
time during which the investigation is suspended shall not be	418
counted for purposes of determining the time within which the	419
panel is required to make its recommendation to the state dental	420
board under section 4715.034 of the Revised Code.	421

Sec. 4715.036.  (A) As used in this section, "personal	422
identifying information" has the same meaning as in section	423
2913.49 of the Revised Code, except that it also includes the name	424
of an individual who submits a complaint to the state dental	425
board, the individual's job title, and the individual's job	426
responsibilities.	427

(B) If the state dental board notifies an individual who is	428
an applicant, license holder, or other individual of an	429
opportunity for a hearing pursuant to section 119.07 of the	430
Revised Code, the board shall state in the notice that the	431
individual is entitled to receive, on request and at no cost to	432
the individual, one copy of each item the board procures or	433
creates in the course of its investigation on the individual at	434
least sixty days prior to the hearing. Items may include, but are	435
not limited to, the complaint or complaints filed with the board;	436
correspondence, reports, and statements of any kind; deposition	437
transcripts; and patient dental records.	438

Before providing copies of investigative items under this	439
division, the board shall determine whether the items contain any	440
personal identifying information of an individual whose current or	441
future employment within any dental profession, either as a dental	442
professional regulated by the board or in a position related to	443
those professionals, could be adversely affected by disclosure of	444
the information. If the board determines that the investigative	445
items contain such personal identifying information, the board	446
shall redact the information from the copies of the items provided	447
under this division.	448

If a request for investigative items is made pursuant to this	449
division, the hearing shall, notwithstanding section 119.07 of the	450
Revised Code, be scheduled for a date that is at least sixty-one	451
days after the board provides the individual with the	452
investigative items.	453

(C) After the board notifies an individual of an opportunity	454
for a hearing, the board shall issue a subpoena, upon request by	455
either party, to compel the attendance and testimony of witnesses	456
at the hearing.	457

The board shall also issue a subpoena after the board	458
notifies an individual of an opportunity for a hearing, upon	459
request by either party, for the production of books, records,	460
papers, and other tangible items. The person or government entity	461
subject to such a subpoena shall comply with the subpoena at least	462
thirty days prior to the hearing.	463

Sec. 4715.037.  (A) Notwithstanding the permissive nature of	464
hearing referee or examiner appointments under section 119.09 of	465
the Revised Code, the state dental board shall appoint, by a	466
concurrence of a majority of its members, five referees or	467
examiners to conduct the hearings the board is required to hold	468
pursuant to sections 119.01 to 119.13 of the Revised Code.	469
Referees or examiners appointed under this section shall be	470
attorneys who have been admitted to the practice of law in this	471
state. In making the appointments, the board shall not appoint an	472
attorney who is a board employee or represents the board in any	473
other manner.	474

(B)(1) Referees or examiners appointed under this section	475
shall serve no more than the following number of consecutive	476
one-year terms:	477

(a) In the case of two of the initial appointees, eight;

478

(b) In the case of two other of the initial appointees, nine;

479

(c) In the case of the one other initial appointee and all	480
successor appointees, five.	481

(2) The board may not refuse to reappoint a referee or	482
examiner before the referee or examiner has served the maximum	483
number of terms applicable to the referee or examiner unless the	484
referee or examiner does not seek to serve the maximum number of	485
terms or the board, by a concurrence of a majority of its members,	486
determines there is cause not to reappoint the referee or	487
examiner.	488

(C) The board shall assign one referee or examiner appointed	489
under this section to conduct each hearing. Assignments shall be	490
made in the order the board receives requests for hearings without	491
regard to the experience or background of a particular referee or	492
examiner or the consideration of any factor other than whether the	493
referee or examiner is available at the appropriate time.	494

Sec. 4715.038. A hearing referee or examiner assigned to	495
conduct a hearing pursuant to section 4715.037 of the Revised Code	496
shall hear and consider the oral and documented evidence	497
introduced by the parties during the hearing. Not later than	498
thirty days following the close of the hearing, the referee or	499
examiner shall issue to the state dental board, in writing,	500
proposed findings of fact and conclusions of law. Along with the	501
proposed findings of fact and conclusions of law, the board shall	502
be given copies of the record of the hearing and all exhibits and	503
documents presented by the parties at the hearing.	504

Sec. 4715.039.  Prior to the state dental board's decision of	505
a case, the board shall allow the parties or their counsel an	506
opportunity to present oral arguments on the proposed findings of	507
fact and conclusions of law issued by the hearing referee or	508
examiner under section 4715.038 of the Revised Code. Not later	509
than sixty days following the board's receipt of the proposed	510
findings of fact and conclusions of law, or a date mutually agreed	511
to by the board and the applicant for or holder of a certificate	512
or license issued under this chapter, the board shall render a	513
decision. The decision shall be in writing and contain findings of	514
fact and conclusions of law.	515

Copies of the board's decision shall be delivered to the	516
applicant, licensee, or certificate holder personally or by	517
certified mail. The board's decision shall be considered final on	518
the date personal delivery of the decision is made or the date the	519
decision is mailed.	520

An individual may appeal a decision by the board in	521
accordance with the procedure specified in Chapter 119. of the	522
Revised Code.	523

Sec. 4715.0310. A notice of opportunity for a hearing issued	524
by the state dental board pursuant to section 119.07 of the	525
Revised Code and the name of the hearing referee or examiner the	526
board assigns to a hearing pursuant to section 4715.037 of the	527
Revised Code are public records under section 149.43 of the	528
Revised Code.	529

Sec. 4715.06.  Each member of the state dental board shall	530
receive an amount fixed pursuant to division (J) of section 124.15	531
of the Revised Code for each day actually employed in the	532
discharge of the official duties of the member, and the necessary	533
expenses of the member. The secretary and vice-secretary shall	534
receive reimbursementbe reimbursed for necessary expenses	535
incurred by the secretary in the discharge of the official duties	536
of the secretary and vice-secretary, respectively. All vouchers of	537
the board shall be approved by the board president or executive	538
secretary, or both, as authorized by the board.	539

Sec. 4715.14.  (A) Each person who is licensed to practice	540
dentistry in Ohio shall, on or before the first day of January of	541
each even-numbered year, register with the state dental board. The	542
registration shall be made on a form prescribed by the board and	543
furnished by the secretary, shall include the licensee's name,	544
address, license number, and such other reasonable information as	545
the board may consider necessary, and shall include payment of a	546
biennial registration fee of two hundred forty-five dollars.	547
Except as provided in division (D)(E) of this section, this fee	548
shall be paid to the treasurer of state. All such registrations	549
Subject to division (C) of this section, a registration shall be	550
in effect for the two-year period beginning on the first day of	551
January of the even-numbered year and ending on the last day of	552
December of the following odd-numbered year, and shall be renewed	553
in accordance with the standard renewal procedure of sections	554
4745.01 to 4745.03 of the Revised Code. The failure of a licensee	555
to renew the licensee's registration in accordance with this	556
section shall result in an automatic suspension of the licensee's	557
license to practice dentistry.	558

(B) Any dentist whose license has been suspended under this	559
section may be reinstated by the payment of the biennial	560
registration fee and in addition thereto eighty-one dollars to	561
cover costs of the reinstatement; excepting that to anyA licensed	562
dentist who desires to temporarily retire from practice, and who	563
has given the board notice in writing to that effect, the board	564
shall grantbe granted such a retirement, provided only that at	565
that time all previous registration fees and additional costs of	566
reinstatement have been paid.	567

(C) The board shall notify a dentist who fails to renew a	568
license in accordance with division (A) of this section of all of	569
the following:	570

(1) That the board has not received the registration form and	571
fee described in that division;	572

(2) That the license shall remain valid and in good standing	573
until the first day of June following the last day of December of	574
the odd-numbered year in which the dentist was scheduled to renew	575
if the dentist remains in compliance with all other applicable	576
provisions of this chapter and any rule adopted under it;	577

(3) That the license may be renewed until the first day of	578
June following the last day of December of the odd-numbered year	579
in which the dentist was scheduled to renew by the payment of the	580
biennial registration fee and an additional fee of eighty-one	581
dollars to cover the cost of late renewal;	582

(4) That unless the board receives the registration form and	583
fee before the first day of June following the last day of	584
December of the odd-numbered year in which the dentist was	585
scheduled to renew, the board may, on or after the relevant first	586
day of June, initiate disciplinary action against the dentist	587
pursuant to Chapter 119. of the Revised Code;	588

(5) That a dentist whose license has been suspended as a	589
result of disciplinary action initiated pursuant to division	590
(C)(4) of this section may be reinstated by the payment of the	591
biennial registration fee and an additional fee of two hundred	592
dollars to cover the cost of reinstatement.	593

(D) Each dentist licensed to practice, whether a resident or	594
not, shall notify the secretary in writing of any change in the	595
dentist's office address or employment within ten days after such	596
change has taken place. On the first day of July of every	597
even-numbered year, the secretary shall issue a printed roster of	598
the names and addresses so registered.	599

(D)(E) Twenty dollars of each biennial registration fee shall	600
be paid to the dentist loan repayment fund created under section	601
3702.95 of the Revised Code.	602

Sec. 4715.141.  (A) Each licensed dentist shall complete	603
biennially not less than forty hours of continuing dental	604
education, which may include, but is not limited to, attendance at	605
lectures, study clubs, college and postgraduate courses, or	606
scientific sessions of conventions, research, graduate study,	607
teaching, service as a clinician, or correspondence courses.	608
Continuing dental education programs include, but are not limited	609
to, programs that address any of the following:	610

(1) CompentencyCompetency in treating patients who are	611
medically compromised or who experience medical emergencies during	612
the course of dental treatment;	613

(2) Knowledge of pharmaceutical products and the protocol of	614
the proper use of medications;	615

(3) Competency to diagnose oral pathology;

616

(4) Awareness of currently accepted methods of infection	617
control;	618

(5) Basic medical and scientific subjects including, but not	619
limited to, biology, physiology, pathology, biochemistry, and	620
pharmacology;	621

(6) Clinical and technological subjects including, but not	622
limited to, clinical techniques and procedures, materials, and	623
equipment;	624

(7) Subjects pertinent to health and safety.

625

Dentists shall earn continuing education credits at the rate	626
of one-half credit for each twenty-five to thirty contact minutes	627
of instruction and one credit hour for each fifty to sixty contact	628
minutes of instruction.	629

(B) Programs meeting the general requirements of division (A)	630
of this section may be developed and offered to dentists by any of	631
the following agencies or organizations:	632

(1) National, state, district, or local dental associations	633
affiliated with the American dental association or national dental	634
association;	635

(2) Accredited dental colleges or schools;

636

(3) Other organizations, schools, or agencies approved by the	637
state dental board.	638

(C) Each licensed dentist shall submit to the board at the	639
time of biennial registration pursuant to section 4715.14 of the	640
Revised Code a sworn affidavit, on a form acceptable to the state	641
dental board, attesting that he has completed continuing education	642
programs in compliance with this section and listing the date,	643
location, sponsor, subject matter, and hours completed of the	644
programs.	645

A licensed dentist shall retain in his records for a period	646
of at least three years such receipts, vouchers, or certificates	647
as may be necessary to document completion of continuing education	648
programs. With cause, the board may request such documentation	649
from licensed dentists, and the board may request such	650
documentation from licensed dentists selected at random without	651
cause.	652

(D) The board may excuse licensed dentists, as a group or as	653
individuals, from all or any part of the requirements of this	654
section because of an unusual circumstance, emergency, or special	655
hardship.	656

(E) Failure to comply with the requirements of this section	657
constitutes a failure to renew registration pursuant to section	658
4715.14 of the Revised CodeThe board shall notify a dentist who	659
fails to submit the affidavit required by division (C) of this	660
section of both of the following:	661

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

662

(2) That unless the board receives the affidavit before the	663
first day of June following the last day of December by which the	664
dentist was required to submit the affidavit, the board may, on or	665
after the relevant first day of June, initiate disciplinary action	666
against the dentist pursuant to Chapter 119. of the Revised Code.	667

Sec. 4715.24.  (A) Each person who is licensed to practice as	668
a dental hygienist in Ohio shall, on or before the first day of	669
January of each even-numbered year, register with the state dental	670
board. The registration shall be made on a form prescribed by the	671
board and furnished by the secretary, shall include the licensee's	672
name, address, license number, and such other reasonable	673
information as the board may consider necessary, and shall include	674
payment of a biennial registration fee of one hundred five	675
dollars. This fee shall be paid to the treasurer of state. All	676
such registrations shall be in effect for the two-year period	677
beginning on the first day of January of each even-numbered year	678
and ending on the last day of December of the following	679
odd-numbered year, and shall be renewed in accordance with the	680
standard renewal procedure of sections 4745.01 to 4745.03 of the	681
Revised Code. The failure of a licensee to renew registration in	682
accordance with this section shall result in the automatic	683
suspension of the licensee's license to practice as a dental	684
hygienist.	685

(B) AnyThe board shall notify a dental hygienist who fails	686
to renew a license in accordance with division (A) of this section	687
of all of the following:	688

(1) That the board has not received the registration form and	689
fee described in that division;	690

(2) That the license shall remain valid and in good standing	691
until the first day of June following the last day of December of	692
the odd-numbered year in which the dental hygienist was scheduled	693
to renew if the dental hygienist remains in compliance with all	694
other applicable provisions of this chapter and any rule adopted	695
under it;	696

(3) That the license may be renewed until the first day of	697
June following the last day of December of the odd-numbered year	698
in which the dental hygienist was scheduled to renew by the	699
payment of the biennial registration fee and an additional fee of	700
eighty-one dollars to cover the cost of late renewal;	701

(4) That unless the board receives the registration form and	702
fee before the first day of June following the last day of	703
December of the odd-numbered year in which the dental hygienist	704
was scheduled to renew, the board may, on or after the relevant	705
first day of June, initiate disciplinary action against the dental	706
hygienist pursuant to Chapter 119. of the Revised Code;	707

(5) That a dental hygienist whose license has been suspended	708
underas a result of disciplinary action initiated pursuant to	709
division (B)(4) of this section may be reinstated by the payment	710
of the biennial registration fee and in addition thereto	711
thirty-onean additional fee of two hundred dollars to cover the	712
costs of reinstatement.	713

(C) The license of a dental hygienist shall be exhibited in a	714
conspicuous place in the room in which the dental hygienist	715
practices. Each dental hygienist licensed to practice, whether a	716
resident or not, shall notify the secretary in writing of any	717
change in the dental hygienist's office address or employment	718
within ten days after the change takes place.	719

Sec. 4715.25.  (A) Every person licensed to practice as a	720
dental hygienist and required to register with the state dental	721
board shall certify to the board at the time of applying for a	722
renewal of registration that in the two-year period preceding two	723
yearsthe registration period for which the renewal is sought the	724
registrant has completed a minimum of twelvetwenty-four hours of	725
continuing dental hygiene education. Certification shall be made	726
upon the application for registration prescribed by the board	727
pursuant to section 4715.24 of the Revised Code.	728

Continuing education programs may be developed and offered to	729
dental hygienists by any of the following agencies or	730
organizations:	731

(1) National, state, district, or local dental hygienists'	732
associations affiliated with the American dental hygienists'	733
association;	734

(2) National, state, district, or local dental associations	735
affiliated with the American dental association or national dental	736
association;	737

(3) Accredited dental hygiene colleges or schools;

738

(4) Accredited dental colleges or schools;

739

(5) Other organizations, schools, paraprofessional programs,	740
or agencies approved by the state dental board.	741

(B) A licensed dental hygienist shall retain in histhe	742
dental hygienist's records for a period of at least three years	743
such receipts, vouchers, or certificates as may be necessary to	744
document completion of continuing education programs. With cause,	745
the board may request such documentation from licensed dental	746
hygienists, and the board may request such documentation from	747
licensed dental hygienists at random without cause.	748

(C) The board may excuse licensed dental hygienists, as a	749
group or as individuals, from all or any part of the requirements	750
of this section because of an unusual circumstance, emergency, or	751
special hardship.	752

(D) Failure to comply with the requirements of this section	753
constitutes a failure to renew registration pursuant to section	754
4715.24 of the Revised CodeThe board shall notify a dental	755
hygienist who fails to submit the certification required by	756
division (A) of this section of both of the following:	757

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

758

(2) That unless the board receives the certification before	759
the first day of June following the last day of December by which	760
the dental hygienist was required to submit the certification, the	761
board may, on or after the relevant first day of June, initiate	762
disciplinary action against the dental hygienist pursuant to	763
Chapter 119. of the Revised Code.	764

Sec. 4715.30.  (A) TheAn applicant for or holder of a	765
certificate or license issued under this chapter is subject to	766
disciplinary action by the state dental board for any of the	767
following reasons:	768

(1) Employing or cooperating in fraud or material deception	769
in applying for or obtaining a license or certificate;	770

(2) Obtaining or attempting to obtain money or anything of	771
value by intentional misrepresentation or material deception in	772
the course of practice;	773

(3) Advertising services in a false or misleading manner or	774
violating the board's rules governing time, place, and manner of	775
advertising;	776

(4) Conviction of a misdemeanor committed in the course of	777
practice or of any felony;	778

(5) Engaging in lewd or immoral conduct in connection with	779
the provision of dental services;	780

(6) Selling, prescribing, giving away, or administering drugs	781
for other than legal and legitimate therapeutic purposes, or	782
conviction of violating any law of this state or the federal	783
government regulating the possession, distribution, or use of any	784
drug;	785

(7) Providing or allowing dental hygienists, expanded	786
function dental auxiliaries, or other practitioners of auxiliary	787
dental occupations working under the certificate or license	788
holder's supervision, or a dentist holding a temporary limited	789
continuing education license under division (C) of section 4715.16	790
of the Revised Code working under the certificate or license	791
holder's direct supervision, to provide dental care that departs	792
from or fails to conform to accepted standards for the profession,	793
whether or not injury to a patient results;	794

(8) Inability to practice under accepted standards of the	795
profession because of physical or mental disability, dependence on	796
alcohol or other drugs, or excessive use of alcohol or other	797
drugs;	798

(9) Violation of any provision of this chapter or any rule	799
adopted thereunder;	800

(10) Failure to use universal blood and body fluid	801
precautions established by rules adopted under section 4715.03 of	802
the Revised Code;	803

(11) Waiving the payment of all or any part of a deductible	804
or copayment that a patient, pursuant to a health insurance or	805
health care policy, contract, or plan that covers dental services,	806
would otherwise be required to pay if the waiver is used as an	807
enticement to a patient or group of patients to receive health	808
care services from that provider.	809

(12) Advertising that the certificate or license holder will	810
waive the payment of all or any part of a deductible or copayment	811
that a patient, pursuant to a health insurance or health care	812
policy, contract, or plan that covers dental services, would	813
otherwise be required to pay.	814

(B) A manager, proprietor, operator, or conductor of a dental	815
facility shall be subject to disciplinary action if any dentist,	816
dental hygienist, expanded function dental auxiliary, or qualified	817
personnel providing services in the facility is found to have	818
committed a violation listed in division (A) of this section and	819
the manager, proprietor, operator, or conductor knew of the	820
violation and permitted it to occur on a recurring basis.	821

(C) Subject to Chapter 119. of the Revised Code, the board	822
may take one or more of the following disciplinary actions if one	823
or more of the grounds for discipline listed in divisions (A) and	824
(B) of this section exist:	825

(1) Censure the license or certificate holder;

826

(2) Place the license or certificate on probationary status	827
for such period of time the board determines necessary and require	828
the holder to:	829

(a) Report regularly to the board upon the matters which are	830
the basis of probation;	831

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

832

(c) Continue or renew professional education until a	833
satisfactory degree of knowledge or clinical competency has been	834
attained in specified areas.	835

(3) Suspend the certificate or license;

836

(4) Revoke the certificate or license.

837

Where the board places a holder of a license or certificate	838
on probationary status pursuant to division (C)(2) of this	839
section, the board may subsequently suspend or revoke the license	840
or certificate if it determines that the holder has not met the	841
requirements of the probation or continues to engage in activities	842
that constitute grounds for discipline pursuant to division (A) or	843
(B) of this section.	844

Any order suspending a license or certificate shall state the	845
conditions under which the license or certificate will be	846
restored, which may include a conditional restoration during which	847
time the holder is in a probationary status pursuant to division	848
(C)(2) of this section. The board shall restore the license or	849
certificate unconditionally when such conditions are met.	850

(D) If the physical or mental condition of an applicant or a	851
license or certificate holder is at issue in a disciplinary	852
proceeding, the board may order the license or certificate holder	853
to submit to reasonable examinations by an individual designated	854
or approved by the board and at the board's expense. The physical	855
examination may be conducted by any individual authorized by the	856
Revised Code to do so, including a physician assistant, a	857
clinical nurse specialist, a certified nurse practitioner, or a	858
certified nurse-midwife. Any written documentation of the physical	859
examination shall be completed by the individual who conducted the	860
examination.	861

Failure to comply with an order for an examination shall be	862
grounds for refusal of a license or certificate or summary	863
suspension of a license or certificate under division (E) of this	864
section.	865

(E) If the board has reason to believe that thea license or	866
certificate holder represents a clear and immediate danger to the	867
public health and safety if the holder is allowed to continue to	868
practice, or if the holder has failed to comply with an order	869
under division (D) of this section, the board may apply to the	870
court of common pleas of the county in which the holder resides	871
for an order temporarily suspending the holder's license or	872
certificate, without a prior hearing being afforded by the board,	873
until the board conducts an adjudication hearing pursuant to	874
Chapter 119. of the Revised Code. If the court temporarily	875
suspends a holder's license or certificate, the board shall give	876
written notice of the suspension personally or by certified mail	877
to the license or certificate holder. Such notice shall include	878
specific facts and reasons for finding a clear and immediate	879
danger to the public health and safety and shall inform the	880
license or certificate holder of the right to a hearing pursuant	881
to Chapter 119. of the Revised Code.	882

(F) Any holder of a certificate or license issued under this	883
chapter who has pleaded guilty to, has been convicted of, or has	884
had a judicial finding of eligibility for intervention in lieu of	885
conviction entered against the holder in this state for aggravated	886
murder, murder, voluntary manslaughter, felonious assault,	887
kidnapping, rape, sexual battery, gross sexual imposition,	888
aggravated arson, aggravated robbery, or aggravated burglary, or	889
who has pleaded guilty to, has been convicted of, or has had a	890
judicial finding of eligibility for treatment or intervention in	891
lieu of conviction entered against the holder in another	892
jurisdiction for any substantially equivalent criminal offense, is	893
automatically suspended from practice under this chapter in this	894
state and any certificate or license issued to the holder under	895
this chapter is automatically suspended, as of the date of the	896
guilty plea, conviction, or judicial finding, whether the	897
proceedings are brought in this state or another jurisdiction.	898
Continued practice by an individual after the suspension of the	899
individual's certificate or license under this division shall be	900
considered practicing without a certificate or license. The board	901
shall notify the suspended individual of the suspension of the	902
individual's certificate or license under this division by	903
certified mail or in person in accordance with section 119.07 of	904
the Revised Code. If an individual whose certificate or license is	905
suspended under this division fails to make a timely request for	906
an adjudicatory hearing, the board shall enter a final order	907
revoking the individual's certificate or license.	908

(G) Notwithstanding divisions (A)(11) and (12) of this	909
section, sanctions shall not be imposed against any licensee who	910
waives deductibles and copayments:	911

(1) In compliance with the health benefit plan that expressly	912
allows such a practice. Waiver of the deductibles or copayments	913
shall be made only with the full knowledge and consent of the plan	914
purchaser, payer, and third-party administrator. Such consent	915
shall be made available to the board upon request.	916

(2) For professional services rendered to any other person	917
licensed pursuant to this chapter to the extent allowed by this	918
chapter and the rules of the board.	919

(H) Under no circumstances shall the board consider or raise	920
during a hearing required by Chapter 119. of the Revised Code any	921
action authorized under this section that the board took on a	922
prior occasion with respect to a person if the charges in the	923
subsequent action relate to events or circumstances that occurred	924
in the same time period and are of the same nature as the charges	925
in the prior action.	926

Section 2.  That existing sections 119.12, 4715.03, 4715.031,	927
4715.06, 4715.14, 4715.141, 4715.24, 4715.25, and 4715.30 of the	928
Revised Code are hereby repealed.	929

Section 3. (A) As used in this section, "registration period"	930
means the two-year period during which a dental hygienist's	931
registration is in effect under section 4715.24 of the Revised	932
Code.	933

(B) Notwithstanding the provisions of section 4715.25 of the	934
Revised Code, as amended by this act, that increases from twelve	935
to twenty-four the minimum number of hours of continuing education	936
that a dental hygienist must certify to the State Dental Board	937
when applying for a renewal of registration, a dental hygienist	938
whose registration expires on December 31, 2009, remains subject	939
to the requirement to certify completion of a minimum of twelve	940
hours of continuing education when applying for a renewal of	941
registration for the 2010 to 2011 registration period.	942

Section 4.  The amendment by this act to division (A) of	943
section 4715.03 of the Revised Code requiring that the secretary	944
of the State Dental Board be a dentist shall not apply to the	945
secretary serving on the Board on the effective date of this	946
section.	947