Section 1. That sections 4731.051, 4731.07, 4731.224, | 9 |
4731.24, and 4731.25 be amended and sections 4778.01, 4778.02, | 10 |
4778.04, 4778.05, 4778.06, 4778.07, 4778.08, 4778.10, 4778.12, | 11 |
4778.14, 4778.15, 4778.16, 4778.18, 4778.19, 4778.20, 4778.21, | 12 |
4778.22, 4778.24, and 4778.99 of the Revised Code be enacted to | 13 |
read as follows: | 14 |
Sec. 4731.051. The state medical board shall adopt rules in | 15 |
accordance with Chapter 119. of the Revised Code establishing | 16 |
universal blood and body fluid precautions that shall be used by | 17 |
each person who performs exposure prone invasive procedures and is | 18 |
authorized to practice by this chapter or Chapter 4730., 4760., | 19 |
4762., or 4774., or 4778. of the Revised Code. The rules shall | 20 |
define and establish requirements for universal blood and body | 21 |
fluid precautions that include the following: | 22 |
Sec. 4731.07. The state medical board shall keep a record of | 29 |
its proceedings. It shall also keep a register of applicants for | 30 |
certificates of registration and certificates to practice issued | 31 |
under this chapter and Chapters 4730., 4760., 4762., and 4774. of | 32 |
the Revised Code and licenses and temporary licenses issued under | 33 |
Chapter 4778. of the Revised Code. The register shall show the | 34 |
name of the applicant and whether the applicant was granted or | 35 |
refused a certificate, license, or temporary license. With respect | 36 |
to applicants to practice medicine and surgery or osteopathic | 37 |
medicine and surgery, the register shall show the name of the | 38 |
institution that granted the applicant the degree of doctor of | 39 |
medicine or osteopathic medicine. The books and records of the | 40 |
board shall be prima-facie evidence of matters therein contained. | 41 |
Sec. 4731.224. (A) Within sixty days after the imposition of | 42 |
any formal disciplinary action taken by any health care facility, | 43 |
including a hospital, health care facility operated by a health | 44 |
insuring corporation, ambulatory surgical center, or similar | 45 |
facility, against any individual holding a valid certificate to | 46 |
practice issued pursuant to this chapter, the chief administrator | 47 |
or executive officer of the facility shall report to the state | 48 |
medical board the name of the individual, the action taken by the | 49 |
facility, and a summary of the underlying facts leading to the | 50 |
action taken. Upon request, the board shall be provided certified | 51 |
copies of the patient records that were the basis for the | 52 |
facility's action. Prior to release to the board, the summary | 53 |
shall be approved by the peer review committee that reviewed the | 54 |
case or by the governing board of the facility. As used in this | 55 |
division, "formal disciplinary action" means any action resulting | 56 |
in the revocation, restriction, reduction, or termination of | 57 |
clinical privileges for violations of professional ethics, or for | 58 |
reasons of medical incompetence, medical malpractice, or drug or | 59 |
alcohol abuse. "Formal disciplinary action" includes a summary | 60 |
action, an action that takes effect notwithstanding any appeal | 61 |
rights that may exist, and an action that results in an individual | 62 |
surrendering clinical privileges while under investigation and | 63 |
during proceedings regarding the action being taken or in return | 64 |
for not being investigated or having proceedings held. "Formal | 65 |
disciplinary action" does not include any action taken for the | 66 |
sole reason of failure to maintain records on a timely basis or | 67 |
failure to attend staff or section meetings. | 68 |
(B) If any individual authorized to practice under this | 77 |
chapter or any professional association or society of such | 78 |
individuals believes that a violation of any provision of this | 79 |
chapter, Chapter 4730., 4760., 4762., or 4774., or 4778. of the | 80 |
Revised Code, or any rule of the board has occurred, the | 81 |
individual, association, or society shall report to the board the | 82 |
information upon which the belief is based. This division does not | 83 |
require any treatment provider approved by the board under section | 84 |
4731.25 of the Revised Code or any employee, agent, or | 85 |
representative of such a provider to make reports with respect to | 86 |
an impaired practitioner participating in treatment or aftercare | 87 |
for substance abuse as long as the practitioner maintains | 88 |
participation in accordance with the requirements of section | 89 |
4731.25 of the Revised Code, and as long as the treatment provider | 90 |
or employee, agent, or representative of the provider has no | 91 |
reason to believe that the practitioner has violated any provision | 92 |
of this chapter or any rule adopted under it, other than the | 93 |
provisions of division (B)(26) of section 4731.22 of the Revised | 94 |
Code. This division does not require reporting by any member of an | 95 |
impaired practitioner committee established by a health care | 96 |
facility or by any representative or agent of a committee or | 97 |
program sponsored by a professional association or society of | 98 |
individuals authorized to practice under this chapter to provide | 99 |
peer assistance to practitioners with substance abuse problems | 100 |
with respect to a practitioner who has been referred for | 101 |
examination to a treatment program approved by the board under | 102 |
section 4731.25 of the Revised Code if the practitioner cooperates | 103 |
with the referral for examination and with any determination that | 104 |
the practitioner should enter treatment and as long as the | 105 |
committee member, representative, or agent has no reason to | 106 |
believe that the practitioner has ceased to participate in the | 107 |
treatment program in accordance with section 4731.25 of the | 108 |
Revised Code or has violated any provision of this chapter or any | 109 |
rule adopted under it, other than the provisions of division | 110 |
(B)(26) of section 4731.22 of the Revised Code. | 111 |
(C) Any professional association or society composed | 112 |
primarily of doctors of medicine and surgery, doctors of | 113 |
osteopathic medicine and surgery, doctors of podiatric medicine | 114 |
and surgery, or practitioners of limited branches of medicine that | 115 |
suspends or revokes an individual's membership for violations of | 116 |
professional ethics, or for reasons of professional incompetence | 117 |
or professional malpractice, within sixty days after a final | 118 |
decision shall report to the board, on forms prescribed and | 119 |
provided by the board, the name of the individual, the action | 120 |
taken by the professional organization, and a summary of the | 121 |
underlying facts leading to the action taken. | 122 |
(E) The board may investigate possible violations of this | 143 |
chapter or the rules adopted under it that are brought to its | 144 |
attention as a result of the reporting requirements of this | 145 |
section, except that the board shall conduct an investigation if a | 146 |
possible violation involves repeated malpractice. As used in this | 147 |
division, "repeated malpractice" means three or more claims for | 148 |
medical malpractice within the previous five-year period, each | 149 |
resulting in a judgment or settlement in excess of twenty-five | 150 |
thousand dollars in favor of the claimant, and each involving | 151 |
negligent conduct by the practicing individual. | 152 |
(F) All summaries, reports, and records received and | 153 |
maintained by the board pursuant to this section shall be held in | 154 |
confidence and shall not be subject to discovery or introduction | 155 |
in evidence in any federal or state civil action involving a | 156 |
health care professional or facility arising out of matters that | 157 |
are the subject of the reporting required by this section. The | 158 |
board may use the information obtained only as the basis for an | 159 |
investigation, as evidence in a disciplinary hearing against an | 160 |
individual whose practice is regulated under this chapter, or in | 161 |
any subsequent trial or appeal of a board action or order. | 162 |
(I) In the absence of fraud or bad faith, no professional | 184 |
association or society of individuals authorized to practice under | 185 |
this chapter that sponsors a committee or program to provide peer | 186 |
assistance to practitioners with substance abuse problems, no | 187 |
representative or agent of such a committee or program, and no | 188 |
member of the state medical board shall be held liable in damages | 189 |
to any person by reason of actions taken to refer a practitioner | 190 |
to a treatment provider approved under section 4731.25 of the | 191 |
Revised Code for examination or treatment. | 192 |
Sec. 4731.24. Except as provided in sections 4731.281 and | 193 |
4731.40 of the Revised Code, all receipts of the state medical | 194 |
board, from any source, shall be deposited in the state treasury. | 195 |
Until July 1, 1998, the funds shall be deposited to the credit of | 196 |
the occupational licensing and regulatory fund. On and after July | 197 |
1, 1998, the funds shall be deposited to the credit of the state | 198 |
medical board operating fund, which is hereby created on July 1, | 199 |
1998. All funds deposited into the state treasury under this | 200 |
section shall be used solely for the administration and | 201 |
enforcement of this chapter and Chapters 4730., 4760., 4762.,
and | 202 |
4774., and 4778. of the Revised Code by the board. | 203 |
Sec. 4731.25. The state medical board, in accordance with | 204 |
Chapter 119. of the Revised Code, shall adopt and may amend and | 205 |
rescind rules establishing standards for approval of physicians | 206 |
and facilities as treatment providers for impaired practitioners | 207 |
who are regulated under this chapter or Chapter 4730., 4760., | 208 |
4762., or 4774., or 4778. of the Revised Code. The rules shall | 209 |
include standards for both inpatient and outpatient treatment. The | 210 |
rules shall provide that in order to be approved, a treatment | 211 |
provider must have the capability of making an initial examination | 212 |
to determine what type of treatment an impaired practitioner | 213 |
requires. Subject to the rules, the board shall review and approve | 214 |
treatment providers on a regular basis. The board, at its | 215 |
discretion, may withdraw or deny approval subject to the rules. | 216 |
(A) Report to the board the name of any practitioner | 218 |
suffering or showing evidence of suffering impairment as described | 219 |
in division (B)(5) of section 4730.25 of the Revised Code, | 220 |
division (B)(26) of section 4731.22 of the Revised Code, division | 221 |
(B)(6) of section 4760.13 of the Revised Code, division (B)(6) of | 222 |
section 4762.13 of the Revised Code, or division (B)(6) of section | 223 |
4774.13 of the Revised Code, or division (B)(6) of section 4778.14 | 224 |
of the Revised Code who fails to comply within one week with a | 225 |
referral for examination; | 226 |
(H) Report the identity of any practitioner practicing under | 248 |
the terms of an aftercare contract to hospital administrators, | 249 |
medical chiefs of staff, and chairpersons of impaired practitioner | 250 |
committees of all health care institutions at which the | 251 |
practitioner holds clinical privileges or otherwise practices. If | 252 |
the practitioner does not hold clinical privileges at any health | 253 |
care institution, the treatment provider shall report the | 254 |
practitioner's identity to the impaired practitioner committee of | 255 |
the county medical society, osteopathic academy, or podiatric | 256 |
medical association in every county in which the practitioner | 257 |
practices. If there are no impaired practitioner committees in the | 258 |
county, the treatment provider shall report the practitioner's | 259 |
identity to the president or other designated member of the county | 260 |
medical society, osteopathic academy, or podiatric medical | 261 |
association. | 262 |
In the absence of fraud or bad faith, no person or | 270 |
organization that conducts an approved impaired practitioner | 271 |
treatment program, no member of such an organization, and no | 272 |
employee, representative, or agent of the treatment provider shall | 273 |
be held liable in damages to any person by reason of actions taken | 274 |
or recommendations made by the treatment provider or its | 275 |
employees, representatives, or agents. | 276 |
(B) A temporary license allows the holder to engage in the | 385 |
activities authorized by section 4778.10 of the Revised Code while | 386 |
the holder is under the general supervision of a genetic counselor | 387 |
licensed under section 4778.06 of the Revised Code or a physician. | 388 |
General supervision does not require the supervising licensed | 389 |
genetic counselor or physician to be present while the holder | 390 |
engages in such activities, but does require the licensed genetic | 391 |
counselor or physician to have professional responsibility for the | 392 |
holder and be readily accessible to the holder for professional | 393 |
consultation and assistance. | 394 |
(B) The board, by an affirmative vote of not fewer than six | 484 |
members, shall, to the extent permitted by law, limit, revoke, or | 485 |
suspend an individual's license or temporary license to practice | 486 |
as a genetic counselor, refuse to issue a license or temporary | 487 |
license to an applicant, refuse to reinstate a license or | 488 |
temporary license, or reprimand or place on probation the holder | 489 |
of a license or temporary license for any of the following | 490 |
reasons: | 491 |
As used in this division, "false, fraudulent, deceptive, or | 517 |
misleading statement" means a statement that includes a | 518 |
misrepresentation of fact, is likely to mislead or deceive because | 519 |
of a failure to disclose material facts, is intended or is likely | 520 |
to create false or unjustified expectations of favorable results, | 521 |
or includes representations or implications that in reasonable | 522 |
probability will cause an ordinarily prudent person to | 523 |
misunderstand or be deceived. | 524 |
(17) Any of the following actions taken by the state agency | 551 |
responsible for regulating the practice of genetic counselors in | 552 |
another jurisdiction, for any reason other than the nonpayment of | 553 |
fees: the limitation, revocation, or suspension of an individual's | 554 |
license to practice; acceptance of an individual's license | 555 |
surrender; denial of a license; refusal to renew or reinstate a | 556 |
license; imposition of probation; or issuance of an order of | 557 |
censure or other reprimand; | 558 |
(20) Failure to cooperate in an investigation conducted by | 564 |
the board under section 4778.18 of the Revised Code, including | 565 |
failure to comply with a subpoena or order issued by the board or | 566 |
failure to answer truthfully a question presented by the board at | 567 |
a deposition or in written interrogatories, except that failure to | 568 |
cooperate with an investigation shall not constitute grounds for | 569 |
discipline under this section if a court of competent jurisdiction | 570 |
has issued an order that either quashes a subpoena or permits the | 571 |
individual to withhold the testimony or evidence in issue; | 572 |
(C) Disciplinary actions taken by the board under divisions | 577 |
(A) and (B) of this section shall be taken pursuant to an | 578 |
adjudication under Chapter 119. of the Revised Code, except that | 579 |
in lieu of an adjudication, the board may enter into a consent | 580 |
agreement with a genetic counselor or applicant to resolve an | 581 |
allegation of a violation of this chapter or any rule adopted | 582 |
under it. A consent agreement, when ratified by an affirmative | 583 |
vote of not fewer than six members of the board, shall constitute | 584 |
the findings and order of the board with respect to the matter | 585 |
addressed in the agreement. If the board refuses to ratify a | 586 |
consent agreement, the admissions and findings contained in the | 587 |
consent agreement shall be of no force or effect. | 588 |
(D) For purposes of divisions (B)(11), (14), and (15) of this | 589 |
section, the commission of the act may be established by a finding | 590 |
by the board, pursuant to an adjudication under Chapter 119. of | 591 |
the Revised Code, that the applicant, license holder, or temporary | 592 |
license holder committed the act in question. The board shall have | 593 |
no jurisdiction under these divisions in cases where the trial | 594 |
court renders a final judgment in the license or temporary license | 595 |
holder's favor and that judgment is based upon an adjudication on | 596 |
the merits. The board shall have jurisdiction under these | 597 |
divisions in cases where the trial court issues an order of | 598 |
dismissal on technical or procedural grounds. | 599 |
(E) The sealing of conviction records by any court shall have | 600 |
no effect on a prior board order entered under the provisions of | 601 |
this section or on the board's jurisdiction to take action under | 602 |
the provisions of this section if, based upon a plea of guilty, a | 603 |
judicial finding of guilt, or a judicial finding of eligibility | 604 |
for intervention in lieu of conviction, the board issued a notice | 605 |
of opportunity for a hearing prior to the court's order to seal | 606 |
the records. The board shall not be required to seal, destroy, | 607 |
redact, or otherwise modify its records to reflect the court's | 608 |
sealing of conviction records. | 609 |
(F) For purposes of this division, any individual who holds a | 610 |
license or temporary license to practice as a genetic counselor | 611 |
issued under this chapter, or applies for a license or temporary | 612 |
license to practice, shall be deemed to have given consent to | 613 |
submit to a mental or physical examination when directed to do so | 614 |
in writing by the board and to have waived all objections to the | 615 |
admissibility of testimony or examination reports that constitute | 616 |
a privileged communication. | 617 |
(1) In enforcing division (B)(5) of this section, the board, | 618 |
on a showing of a possible violation, may compel any individual | 619 |
who holds a license or temporary license to practice as a genetic | 620 |
counselor issued under this chapter or who has applied for a | 621 |
license or temporary license to practice to submit to a mental or | 622 |
physical examination, or both. A physical examination may include | 623 |
an HIV test. The expense of the examination is the responsibility | 624 |
of the individual compelled to be examined. Failure to submit to a | 625 |
mental or physical examination or consent to an HIV test ordered | 626 |
by the board constitutes an admission of the allegations against | 627 |
the individual unless the failure is due to circumstances beyond | 628 |
the individual's control, and a default and final order may be | 629 |
entered without the taking of testimony or presentation of | 630 |
evidence. If the board finds a genetic counselor unable to | 631 |
practice because of the reasons set forth in division (B)(5) of | 632 |
this section, the board shall require the genetic counselor to | 633 |
submit to care, counseling, or treatment by physicians approved or | 634 |
designated by the board, as a condition for an initial, continued, | 635 |
reinstated, or renewed license or temporary license to practice. | 636 |
An individual affected by this division shall be afforded an | 637 |
opportunity to demonstrate to the board the ability to resume | 638 |
practicing in compliance with acceptable and prevailing standards | 639 |
of care. | 640 |
(2) For purposes of division (B)(6) of this section, if the | 641 |
board has reason to believe that any individual who holds a | 642 |
license or temporary license to practice as a genetic counselor | 643 |
issued under this chapter or any applicant for a license or | 644 |
temporary license to practice suffers such impairment, the board | 645 |
may compel the individual to submit to a mental or physical | 646 |
examination, or both. The expense of the examination is the | 647 |
responsibility of the individual compelled to be examined. Any | 648 |
mental or physical examination required under this division shall | 649 |
be undertaken by a treatment provider or physician qualified to | 650 |
conduct such examination and chosen by the board. | 651 |
Failure to submit to a mental or physical examination ordered | 652 |
by the board constitutes an admission of the allegations against | 653 |
the individual unless the failure is due to circumstances beyond | 654 |
the individual's control, and a default and final order may be | 655 |
entered without the taking of testimony or presentation of | 656 |
evidence. If the board determines that the individual's ability to | 657 |
practice is impaired, the board shall suspend the individual's | 658 |
license or temporary license or deny the individual's application | 659 |
and shall require the individual, as a condition for an initial, | 660 |
continued, reinstated, or renewed license or temporary license to | 661 |
practice, to submit to treatment. | 662 |
When the impaired genetic counselor resumes practice, the | 682 |
board shall require continued monitoring of the genetic counselor. | 683 |
The monitoring shall include monitoring of compliance with the | 684 |
written consent agreement entered into before reinstatement or | 685 |
with conditions imposed by board order after a hearing, and, on | 686 |
termination of the consent agreement, submission to the board for | 687 |
at least two years of annual written progress reports made under | 688 |
penalty of falsification stating whether the genetic counselor has | 689 |
maintained sobriety. | 690 |
The board shall issue a written order of suspension by | 705 |
certified mail or in person in accordance with section 119.07 of | 706 |
the Revised Code. The order shall not be subject to suspension by | 707 |
the court during pendency of any appeal filed under section 119.12 | 708 |
of the Revised Code. If the genetic counselor requests an | 709 |
adjudicatory hearing by the board, the date set for the hearing | 710 |
shall be within fifteen days, but not earlier than seven days, | 711 |
after the genetic counselor requests the hearing, unless otherwise | 712 |
agreed to by both the board and the license or temporary license | 713 |
holder. | 714 |
A summary suspension imposed under this division shall remain | 715 |
in effect, unless reversed on appeal, until a final adjudicative | 716 |
order issued by the board pursuant to this section and Chapter | 717 |
119. of the Revised Code becomes effective. The board shall issue | 718 |
its final adjudicative order within sixty days after completion of | 719 |
its hearing. Failure to issue the order within sixty days shall | 720 |
result in dissolution of the summary suspension order, but shall | 721 |
not invalidate any subsequent, final adjudicative order. | 722 |
(H) If the board takes action under division (B)(10), (12), | 723 |
or (13) of this section, and the judicial finding of guilt, guilty | 724 |
plea, or judicial finding of eligibility for intervention in lieu | 725 |
of conviction is overturned on appeal, on exhaustion of the | 726 |
criminal appeal, a petition for reconsideration of the order may | 727 |
be filed with the board along with appropriate court documents. On | 728 |
receipt of a petition and supporting court documents, the board | 729 |
shall reinstate the license or temporary license to practice as a | 730 |
genetic counselor. The board may then hold an adjudication under | 731 |
Chapter 119. of the Revised Code to determine whether the | 732 |
individual committed the act in question. Notice of opportunity | 733 |
for hearing shall be given in accordance with Chapter 119. of the | 734 |
Revised Code. If the board finds, pursuant to an adjudication held | 735 |
under this division, that the individual committed the act, or if | 736 |
no hearing is requested, it may order any of the sanctions | 737 |
specified in division (B) of this section. | 738 |
(I) The license or temporary license to practice of a genetic | 739 |
counselor and the counselor's practice in this state are | 740 |
automatically suspended as of the date the genetic counselor | 741 |
pleads guilty to, is found by a judge or jury to be guilty of, or | 742 |
is subject to a judicial finding of eligibility for intervention | 743 |
in lieu of conviction in this state or treatment of intervention | 744 |
in lieu of conviction in another jurisdiction for any of the | 745 |
following criminal offenses in this state or a substantially | 746 |
equivalent criminal offense in another jurisdiction: aggravated | 747 |
murder, murder, voluntary manslaughter, felonious assault, | 748 |
kidnapping, rape, sexual battery, gross sexual imposition, | 749 |
aggravated arson, aggravated robbery, or aggravated burglary. | 750 |
Continued practice after the suspension shall be considered | 751 |
practicing without a license or temporary license. | 752 |
(J) In any instance in which the board is required by Chapter | 761 |
119. of the Revised Code to give notice of opportunity for hearing | 762 |
and the individual subject to the notice does not timely request a | 763 |
hearing in accordance with section 119.07 of the Revised Code, the | 764 |
board is not required to hold a hearing, but may adopt, by an | 765 |
affirmative vote of not fewer than six of its members, a final | 766 |
order that contains the board's findings. In the final order, the | 767 |
board may order any of the sanctions identified under division (A) | 768 |
or (B) of this section. | 769 |
(K) Any action taken by the board under division (B) of this | 770 |
section resulting in a suspension shall be accompanied by a | 771 |
written statement of the conditions under which the license or | 772 |
temporary license of the genetic counselor may be reinstated. The | 773 |
board shall adopt rules in accordance with Chapter 119. of the | 774 |
Revised Code governing conditions to be imposed for reinstatement. | 775 |
Reinstatement of a license or temporary license suspended pursuant | 776 |
to division (B) of this section requires an affirmative vote of | 777 |
not fewer than six members of the board. | 778 |
(L) When the board refuses to grant a license or temporary | 779 |
license to practice as a genetic counselor to an applicant, | 780 |
revokes an individual's license or temporary license, refuses to | 781 |
renew a license or temporary license, or refuses to reinstate an | 782 |
individual's license or temporary license, the board may specify | 783 |
that its action is permanent. An individual subject to a permanent | 784 |
action taken by the board is forever thereafter ineligible to hold | 785 |
a license or temporary license to practice as a genetic counselor | 786 |
and the board shall not accept an application for reinstatement of | 787 |
the license or temporary license or for issuance of a new license | 788 |
or temporary license. | 789 |
Sec. 4778.16. If the state medical board has reason to | 811 |
believe that any person who has been granted a license or | 812 |
temporary license to practice as a genetic counselor under this | 813 |
chapter is mentally ill or mentally incompetent, it may file in | 814 |
the probate court of the county in which the person has a legal | 815 |
residence an affidavit in the form prescribed in section 5122.11 | 816 |
of the Revised Code and signed by the board secretary or a member | 817 |
of the board secretary's staff, whereupon the same proceedings | 818 |
shall be had as provided in Chapter 5122. of the Revised Code. The | 819 |
attorney general may represent the board in any proceeding | 820 |
commenced under this section. | 821 |
If any person who has been granted a license or temporary | 822 |
license to practice is adjudged by a probate court to be mentally | 823 |
ill or mentally incompetent, the person's license or temporary | 824 |
license shall be automatically suspended until the person has | 825 |
filed with the state medical board a certified copy of an | 826 |
adjudication by a probate court of the person's subsequent | 827 |
restoration to competency or has submitted to the board proof, | 828 |
satisfactory to the board, that the person has been discharged as | 829 |
having a restoration to competency in the manner and form provided | 830 |
in section 5122.38 of the Revised Code. The judge of the probate | 831 |
court shall forthwith notify the state medical board of an | 832 |
adjudication of mental illness or mental incompetence, and shall | 833 |
note any suspension of a license or temporary license in the | 834 |
margin of the court's record of such license or temporary license. | 835 |
Sec. 4778.18. (A) The state medical board shall investigate | 836 |
evidence that appears to show that any individual has violated | 837 |
this chapter or the rules adopted under it. Any person may report | 838 |
to the board in a signed writing any information the person has | 839 |
that appears to show a violation of this chapter or rules adopted | 840 |
under it. In the absence of bad faith, a person who reports such | 841 |
information or testifies before the board in an adjudication | 842 |
conducted under Chapter 119. of the Revised Code shall not be | 843 |
liable for civil damages as a result of reporting the information | 844 |
or providing testimony. Each complaint or allegation of a | 845 |
violation received by the board shall be assigned a case number | 846 |
and be recorded by the board. | 847 |
(B) Investigations of alleged violations of this chapter or | 848 |
rules adopted under it shall be supervised by the supervising | 849 |
member elected by the board in accordance with section 4731.02 of | 850 |
the Revised Code and by the board's secretary, pursuant to section | 851 |
4778.20 of the Revised Code. The board's president may designate | 852 |
another member of the board to supervise the investigation in | 853 |
place of the supervising member. A member of the board who | 854 |
supervises the investigation of a case shall not participate in | 855 |
further adjudication of the case. | 856 |
(C) In investigating a possible violation of this chapter or | 857 |
the rules adopted under it, the board may administer oaths, order | 858 |
the taking of depositions, issue subpoenas, and compel the | 859 |
attendance of witnesses and production of books, accounts, papers, | 860 |
records, documents, and testimony, except that a subpoena for | 861 |
patient record information shall not be issued without | 862 |
consultation with the attorney general's office and approval of | 863 |
the secretary and supervising member of the board. Before issuance | 864 |
of a subpoena for patient record information, the secretary and | 865 |
supervising member shall determine whether there is probable cause | 866 |
to believe that the complaint filed alleges a violation of this | 867 |
chapter or the rules adopted under it and that the records sought | 868 |
are relevant to the alleged violation and material to the | 869 |
investigation. The subpoena may apply only to records that cover a | 870 |
reasonable period of time surrounding the alleged violation. | 871 |
A subpoena issued by the board may be served by a sheriff, | 876 |
the sheriff's deputy, or a board employee designated by the board. | 877 |
Service of a subpoena issued by the board may be made by | 878 |
delivering a copy of the subpoena to the person named therein, | 879 |
reading it to the person, or leaving it at the person's usual | 880 |
place of residence. When the person being served is a genetic | 881 |
counselor, service of the subpoena may be made by certified mail, | 882 |
restricted delivery, return receipt requested, and the subpoena | 883 |
shall be deemed served on the date delivery is made or the date | 884 |
the person refuses to accept delivery. | 885 |
The board may share any information it receives pursuant to | 902 |
an investigation, including patient records and patient record | 903 |
information, with law enforcement agencies, other licensing | 904 |
boards, and other governmental agencies that are prosecuting, | 905 |
adjudicating, or investigating alleged violations of statutes or | 906 |
administrative rules. An agency or board that receives the | 907 |
information shall comply with the same requirements regarding | 908 |
confidentiality as those with which the state medical board must | 909 |
comply, notwithstanding any conflicting provision of the Revised | 910 |
Code or procedure of the agency or board that applies when it is | 911 |
dealing with other information in its possession. In a judicial | 912 |
proceeding, the information may be admitted into evidence only in | 913 |
accordance with the Rules of Evidence, but the court shall require | 914 |
that appropriate measures are taken to ensure that confidentiality | 915 |
is maintained with respect to any part of the information that | 916 |
contains names or other identifying information about patients or | 917 |
complainants whose confidentiality was protected by the state | 918 |
medical board when the information was in the board's possession. | 919 |
Measures to ensure confidentiality that may be taken by the court | 920 |
include sealing its records or deleting specific information from | 921 |
its records. | 922 |
(B) Whenever any individual holding a valid license or | 948 |
temporary license to practice as a genetic counselor issued under | 949 |
this chapter pleads guilty to, is subject to a judicial finding of | 950 |
guilt of, or is subject to a judicial finding of eligibility for | 951 |
intervention in lieu of conviction for a violation of Chapter | 952 |
2907., 2925., or 3719. of the Revised Code or of any substantively | 953 |
comparable ordinance of a municipal corporation in connection with | 954 |
the person's practice, the prosecutor in the case, on forms | 955 |
prescribed and provided by the state medical board, shall promptly | 956 |
notify the board of the conviction. Within thirty days of receipt | 957 |
of that information, the board shall initiate action in accordance | 958 |
with Chapter 119. of the Revised Code to determine whether to | 959 |
suspend or revoke the license under section 4778.16 of the Revised | 960 |
Code. | 961 |
Sec. 4778.20. The secretary of the state medical board shall | 988 |
enforce the laws relating to the practice of genetic counselors. | 989 |
If the secretary has knowledge or notice of a violation of this | 990 |
chapter or the rules adopted under it, the secretary shall | 991 |
investigate the matter, and, upon probable cause appearing, file a | 992 |
complaint and prosecute the offender. When requested by the | 993 |
secretary, the prosecuting attorney of the proper county shall | 994 |
take charge of and conduct the prosecution. | 995 |
Sec. 4778.21. The attorney general, the prosecuting attorney | 996 |
of any county in which the offense was committed or the offender | 997 |
resides, the state medical board, or any other person having | 998 |
knowledge of a person engaged either directly or by complicity in | 999 |
practicing as a genetic counselor without having first obtained | 1000 |
under this chapter a license or temporary license to practice as a | 1001 |
genetic counselor, may, in accordance with provisions of the | 1002 |
Revised Code governing injunctions, maintain an action in the name | 1003 |
of the state to enjoin any person from engaging either directly or | 1004 |
by complicity in unlawfully practicing as a genetic counselor by | 1005 |
applying for an injunction in any court of competent jurisdiction. | 1006 |
Prior to application for an injunction, the secretary of the | 1007 |
state medical board shall notify the individual allegedly engaged | 1008 |
either directly or by complicity in the unlawful practice by | 1009 |
registered mail that the secretary has received information | 1010 |
indicating that this individual is so engaged. The individual | 1011 |
shall answer the secretary within thirty days showing that the | 1012 |
individual is either properly licensed for the stated activity or | 1013 |
that the individual is not in violation of this chapter. If the | 1014 |
answer is not forthcoming within thirty days after notice by the | 1015 |
secretary, the secretary shall request that the attorney general, | 1016 |
the prosecuting attorney of the county in which the offense was | 1017 |
committed or the offender resides, or the state medical board | 1018 |
proceed as authorized in this section. | 1019 |
Sec. 4778.24. In the absence of fraud or bad faith, the | 1031 |
state medical board, a current or former board member, an agent of | 1032 |
the board, a person formally requested by the board to be the | 1033 |
board's representative, or an employee of the board shall not be | 1034 |
held liable in damages to any person as the result of any act, | 1035 |
omission, proceeding, conduct, or decision related to official | 1036 |
duties undertaken or performed pursuant to this chapter. If any | 1037 |
such person asks to be defended by the state against any claim or | 1038 |
action arising out of any act, omission, proceeding, conduct, or | 1039 |
decision related to the person's official duties, and if the | 1040 |
request is made in writing at a reasonable time before trial and | 1041 |
the person requesting defense cooperates in good faith in the | 1042 |
defense of the claim or action, the state shall provide and pay | 1043 |
for the person's defense and shall pay any resulting judgment, | 1044 |
compromise, or settlement. At no time shall the state pay any part | 1045 |
of a claim or judgment that is for punitive or exemplary damages. | 1046 |