As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 292

Representative Gonzales 

Cosponsors: Representatives Grossman, Stebelton, Reece, Dovilla, Gardner, Baker, Wachtmann 

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A BILL

To amend sections 4731.051, 4731.07, 4731.224,

1

4731.24, and 4731.25 and to enact sections

2

4778.01, 4778.02, 4778.04, 4778.05, 4778.06,

3

4778.07, 4778.08, 4778.10, 4778.12, 4778.14,

4

4778.15, 4778.16, 4778.18, 4778.19, 4778.20,

5

4778.21, 4778.22, 4778.24, and 4778.99 of the

6

Revised Code regarding licensure of genetic

7

counselors.

8

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

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

(A) Appropriate use of hand washing;

23

(B) Disinfection and sterilization of equipment;

24

(C) Handling and disposal of needles and other sharp	25
instruments;	26

(D) Wearing and disposal of gloves and other protective	27
garments and devices.	28

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

The filing or nonfiling of a report with the board,	69
investigation by the board, or any disciplinary action taken by	70
the board, shall not preclude any action by a health care facility	71
to suspend, restrict, or revoke the individual's clinical	72
privileges.	73

In the absence of fraud or bad faith, no individual or entity	74
that provides patient records to the board shall be liable in	75
damages to any person as a result of providing the records.	76

(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

The filing of a report with the board or decision not to file	123
a report, investigation by the board, or any disciplinary action	124
taken by the board, does not preclude a professional organization	125
from taking disciplinary action against an individual.	126

(D) Any insurer providing professional liability insurance to	127
an individual authorized to practice under this chapter, or any	128
other entity that seeks to indemnify the professional liability of	129
such an individual, shall notify the board within thirty days	130
after the final disposition of any written claim for damages where	131
such disposition results in a payment exceeding twenty-five	132
thousand dollars. The notice shall contain the following	133
information:	134

(1) The name and address of the person submitting the	135
notification;	136

(2) The name and address of the insured who is the subject of	137
the claim;	138

(3) The name of the person filing the written claim;

139

(4) The date of final disposition;

140

(5) If applicable, the identity of the court in which the	141
final disposition of the claim took place.	142

(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

The board may disclose the summaries and reports it receives	163
under this section only to health care facility committees within	164
or outside this state that are involved in credentialing or	165
recredentialing the individual or in reviewing the individual's	166
clinical privileges. The board shall indicate whether or not the	167
information has been verified. Information transmitted by the	168
board shall be subject to the same confidentiality provisions as	169
when maintained by the board.	170

(G) Except for reports filed by an individual pursuant to	171
division (B) of this section, the board shall send a copy of any	172
reports or summaries it receives pursuant to this section to the	173
individual who is the subject of the reports or summaries. The	174
individual shall have the right to file a statement with the board	175
concerning the correctness or relevance of the information. The	176
statement shall at all times accompany that part of the record in	177
contention.	178

(H) An individual or entity that, pursuant to this section,	179
reports to the board or refers an impaired practitioner to a	180
treatment provider approved by the board under section 4731.25 of	181
the Revised Code shall not be subject to suit for civil damages as	182
a result of the report, referral, or provision of the information.	183

(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

An approved impaired practitioner treatment provider shall:

217

(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

(B) Report to the board the name of any impaired practitioner	227
who fails to enter treatment within forty-eight hours following	228
the provider's determination that the practitioner needs	229
treatment;	230

(C) Require every practitioner who enters treatment to agree	231
to a treatment contract establishing the terms of treatment and	232
aftercare, including any required supervision or restrictions of	233
practice during treatment or aftercare;	234

(D) Require a practitioner to suspend practice upon entry	235
into any required inpatient treatment;	236

(E) Report to the board any failure by an impaired	237
practitioner to comply with the terms of the treatment contract	238
during inpatient or outpatient treatment or aftercare;	239

(F) Report to the board the resumption of practice of any	240
impaired practitioner before the treatment provider has made a	241
clear determination that the practitioner is capable of practicing	242
according to acceptable and prevailing standards of care;	243

(G) Require a practitioner who resumes practice after	244
completion of treatment to comply with an aftercare contract that	245
meets the requirements of rules adopted by the board for approval	246
of treatment providers;	247

(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

(I) Report to the board the identity of any practitioner who	263
suffers a relapse at any time during or following aftercare.	264

Any individual authorized to practice under this chapter who	265
enters into treatment by an approved treatment provider shall be	266
deemed to have waived any confidentiality requirements that would	267
otherwise prevent the treatment provider from making reports	268
required under this section.	269

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

Sec. 4778.01.  As used in this chapter:

277

(A) "American board of genetic counseling, inc." means the	278
American board of genetic counseling, inc., its successor	279
organization, or an equivalent organization recognized by the	280
state medical board.	281

(B) "American board of medical genetics, inc." means the	282
American board of medical genetics, inc., its successor	283
organization, or an equivalent organization recognized by the	284
state medical board.	285

(C) "Certified genetic counselor" means an individual who	286
possesses the certified genetic counselor credential from the	287
American board of genetic counseling, inc., or is a diplomate of	288
the American board of medical genetics, inc.	289

(D) "Genetic counselor" means an individual who engages in	290
any of the activities listed in section 4778.10 of the Revised	291
Code regardless of whether the individual is authorized to do so.	292

(E) "Physician" means an individual authorized under Chapter	293
4731. of the Revised Code to practice medicine and surgery or	294
osteopathic medicine and surgery.	295

Sec. 4778.02.  (A) Beginning one year after the effective	296
date of this section, no person shall do either of the following	297
without a valid license or temporary license issued under this	298
chapter:	299

(1) Except as provided in division (B) of this section,	300
practice as a genetic counselor.	301

(2) Hold the person out in any manner as a genetic counselor,	302
including using any sign, advertisement, card, letterhead,	303
circular, or other writing, document, or design, the evident	304
purpose of which is to induce others to believe the person is	305
authorized to practice as a genetic counselor.	306

(B) Division (A)(1) of this section does not apply to any of	307
the following:	308

(1) An individual engaging in the scope of practice for which	309
the individual holds a valid license or certificate;	310

(2) An individual performing a task as part of a genetic	311
counseling graduate program described in division (B)(2) of	312
section 4778.04 of the Revised Code.	313

(3) An individual to whom all of the following apply:

314

(a) The individual is a certified genetic counselor;

315

(b) The individual is a resident of another state.

316

(c) The individual engages in the activities listed in	317
section 4778.10 of the Revised Code not more than thirty days in a	318
calendar year.	319

Sec. 4778.04.  (A) An individual seeking a license to	320
practice as a genetic counselor shall file with the state medical	321
board a written application on a form prescribed and supplied by	322
the board. The application shall include all the information the	323
board considers necessary to process the application, including	324
evidence satisfactory to the board that the applicant meets the	325
requirements specified in division (B) of this section.	326

At the time an application is submitted, the applicant shall	327
pay the board the application fee specified by the board in rules	328
adopted under section 4778.12 of the Revised Code. No part of the	329
fee shall be returned.	330

(B) To be eligible to receive a license to practice as a	331
genetic counselor, an applicant must meet all of the following	332
requirements:	333

(1) Be at least eighteen years of age and of good moral	334
character;	335

(2) Have attained a master's degree or higher degree from a	336
genetic counseling graduate program accredited by the American	337
board of genetic counseling, inc.;	338

(3) Have attained the certified genetic counselor credential	339
from the American board of genetic counseling, inc.;	340

(4) Have satisfied any other requirements established by the	341
board in rules adopted under section 4778.12 of the Revised Code.	342

(C) The board shall review all applications received under	343
this section. Not later than sixty days after receiving an	344
application it considers complete, the board shall determine	345
whether the applicant meets the requirements for a license to	346
practice as a genetic counselor. The affirmative vote of not fewer	347
than six members of the board is required for that determination.	348

Sec. 4778.05.  In addition to meeting any other eligibility	349
requirement of this chapter and rules adopted under it, each	350
applicant for a license to practice as a genetic counselor shall	351
comply with sections 4776.01 to 4776.04 of the Revised Code. The	352
state medical board shall not grant a license to practice as a	353
genetic counselor unless the board decides that the results of the	354
criminal records check do not make the applicant ineligible for	355
the license.	356

Sec. 4778.06.  (A) If the state medical board determines	357
under section 4778.04 of the Revised Code that an applicant meets	358
the requirements for a license to practice as a genetic counselor,	359
the secretary of the board shall issue the license to the	360
applicant.	361

(B) A license issued under this section is valid for the	362
length of time specified in rules adopted under section 4778.12 of	363
the Revised Code.	364

(C) The board shall renew a license held by an individual who	365
continues to meet the requirements of this section on application	366
and payment of a fee unless the license has been suspended or	367
revoked under section 4778.14 of the Revised Code. Renewal shall	368
be in accordance with the procedure specified by the board in	369
rules adopted under section 4778.12 of the Revised Code. The board	370
shall impose continuing education requirements in accordance with	371
rules adopted under section 4778.12 of the Revised Code.	372

Sec. 4778.07.  (A) On receipt of an application for a license	373
as a genetic counselor, the state medical board may issue a	374
temporary license to an applicant if all of the following apply:	375

(1) The applicant meets the requirements specified in section	376
4778.04 of the Revised Code other than having attained the	377
certified genetic counselor credential from the American board of	378
genetic counseling, inc.;	379

(2) The applicant is in active candidate status with the	380
American board of genetic counseling, inc.;	381

(3) The applicant pays the temporary license fee specified by	382
the board in rules adopted under section 4778.12 of the Revised	383
Code.	384

(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

A temporary license is valid from the date of issuance until	395
the earlier of one year from that date or the date a license is	396
issued under section 4778.06 of the Revised Code. A temporary	397
license may be renewed only while the applicant is in active	398
candidate status with the American board of genetic counseling,	399
inc. Renewal shall be in accordance with the procedures specified	400
by the board in rules adopted under section 4778.12 of the Revised	401
Code.	402

Sec. 4778.08.  On application by the holder of a license to	403
practice as a genetic counselor, the state medical board shall	404
issue a duplicate license to replace one that is missing or	405
damaged, to reflect a name change, or for any other reasonable	406
cause. The fee for a duplicate license is thirty-five dollars.	407

Sec. 4778.10. (A)(1) "Collaborating physician" means a	408
physician who works with a genetic counselor and provides medical	409
support to the genetic counselor as memorialized in a	410
collaborative agreement;	411

(2) "Collaborative agreement" means a written, formal	412
document that memorializes the relationship between a genetic	413
counselor and the genetic counselor's collaborating physician and	414
establishes the criteria governing a genetic counselor's	415
performance of the tasks described in division (B)(9) of this	416
section.	417

(B) An individual who holds a valid license to practice as a	418
genetic counselor may engage in all of the following activities:	419

(1) Obtain and evaluate the medical histories of a patient	420
and the patient's family members to determine the risk for genetic	421
or medical conditions and diseases in the patient, the patient's	422
offspring, or the patient's family members;	423

(2) Discuss with a patient and the patient's family the	424
features, natural history, means of diagnosis, genetic and	425
environmental factors, and management of risk for genetic or	426
medical conditions and diseases;	427

(3) Identify and coordinate genetic laboratory tests and	428
other diagnostic studies as appropriate for genetic assessment;	429

(4) Integrate the results of genetic laboratory tests and	430
other diagnostic tests with individual and family medical	431
histories;	432

(5) Explain to a patient and the patient's family the	433
clinical implications of the results of genetic laboratory tests	434
and other diagnostic tests;	435

(6) Evaluate the response of a patient or the patient's	436
family members to one or more genetic conditions or the risk of	437
reoccurrence and provide patient-centered counseling and guidance;	438

(7) Identify and use community resources that provide	439
medical, educational, financial, and psychosocial support and	440
advocacy;	441

(8) Provide medical, genetic, and counseling information to	442
patients, their families, and other health care professionals;	443

(9) Pursuant to a collaborative agreement with a	444
collaborating physician, do both of the following:	445

(a) Order genetic or other tests for the purpose of	446
diagnosing a medical condition or inherited disorder or	447
determining the carrier status of one or more of the patient's	448
family members;	449

(b) Select the most appropriate, accurate, and cost-effective	450
methods of diagnosis.	451

Sec. 4778.12.  (A) Subject to division (B) of this section,	452
the state medical board shall adopt, and may amend and rescind,	453
rules in accordance with Chapter 119. of the Revised Code to	454
implement and administer this chapter. At a minimum, the rules	455
shall establish all of the following:	456

(1) For purposes of division (B)(4) of section 4778.04 of the	457
Revised Code, any requirements, other than those specified in that	458
section, to attain licensure;	459

(2) For purposes of division (A) of section 4778.04, division	460
(C) of section 4778.06, and division (A) of section 4778.07 of the	461
Revised Code, the fees to apply for or renew a license or	462
temporary license;	463

(3) For purposes of division (B) of section 4778.06 of the	464
Revised Code, the length of time a license is valid;	465

(4) For purposes of division (C) of section 4778.06 or	466
division (B) of section 4778.07 of the Revised Code, procedures	467
for renewing a license or temporary license;	468

(5) For purposes of division (C) of section 4778.06 of the	469
Revised Code, continuing education requirements for individuals	470
who hold a license under this chapter;	471

(6) Any other requirements the board considers appropriate to	472
implement this chapter.	473

(B) To the maximum extent possible, the rules adopted under	474
division (A) of this section shall be consistent with the	475
standards, guidelines, or policy directives adopted by the	476
American board of genetic counseling, inc.	477

Sec. 4778.14. (A) The state medical board, by an affirmative	478
vote of not fewer than six members, may revoke or may refuse to	479
grant a license or temporary license to practice as a genetic	480
counselor to an individual found by the board to have committed	481
fraud, misrepresentation, or deception in applying for or securing	482
the license or temporary license.	483

(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

(1) Permitting the holder's name, license, or temporary	492
license to be used by another person;	493

(2) Failure to comply with the requirements of this chapter,	494
Chapter 4731. of the Revised Code, or any rules adopted by the	495
board;	496

(3) Violating or attempting to violate, directly or	497
indirectly, or assisting in or abetting the violation of, or	498
conspiring to violate, any provision of this chapter, Chapter	499
4731. of the Revised Code, or the rules adopted by the board;	500

(4) A departure from, or failure to conform to, minimal	501
standards of care of similar practitioners under the same or	502
similar circumstances whether or not actual injury to the patient	503
is established;	504

(5) Inability to practice according to acceptable and	505
prevailing standards of care by reason of mental illness or	506
physical illness, including physical deterioration that adversely	507
affects cognitive, motor, or perceptive skills;	508

(6) Impairment of ability to practice according to acceptable	509
and prevailing standards of care because of habitual or excessive	510
use or abuse of drugs, alcohol, or other substances that impair	511
ability to practice;	512

(7) Willfully betraying a professional confidence;

513

(8) Making a false, fraudulent, deceptive, or misleading	514
statement in securing or attempting to secure a license or	515
temporary license to practice as a genetic counselor.	516

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

(9) The obtaining of, or attempting to obtain, money or a	525
thing of value by fraudulent misrepresentations in the course of	526
practice;	527

(10) A plea of guilty to, a judicial finding of guilt of, or	528
a judicial finding of eligibility for intervention in lieu of	529
conviction for, a felony;	530

(11) Commission of an act that constitutes a felony in this	531
state, regardless of the jurisdiction in which the act was	532
committed;	533

(12) A plea of guilty to, a judicial finding of guilt of, or	534
a judicial finding of eligibility for intervention in lieu of	535
conviction for, a misdemeanor committed in the course of practice;	536

(13) A plea of guilty to, a judicial finding of guilt of, or	537
a judicial finding of eligibility for intervention in lieu of	538
conviction for, a misdemeanor involving moral turpitude;	539

(14) Commission of an act in the course of practice that	540
constitutes a misdemeanor in this state, regardless of the	541
jurisdiction in which the act was committed;	542

(15) Commission of an act involving moral turpitude that	543
constitutes a misdemeanor in this state, regardless of the	544
jurisdiction in which the act was committed;	545

(16) A plea of guilty to, a judicial finding of guilt of, or	546
a judicial finding of eligibility for intervention in lieu of	547
conviction for violating any state or federal law regulating the	548
possession, distribution, or use of any drug, including	549
trafficking in drugs;	550

(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

(18) Violation of the conditions placed by the board on a	559
license or temporary license to practice as a genetic counselor;	560

(19) Failure to use universal blood and body fluid	561
precautions established by rules adopted under section 4731.051 of	562
the Revised Code;	563

(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

(21) Failure to maintain the certified genetic counselor	573
credential from the American board of genetic counseling, inc.;	574

(22) Failure to comply with any of the rules of ethics	575
established by the American board of genetic counseling, inc.	576

(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

Before being eligible to apply for reinstatement of a license	663
or temporary license suspended under this division, the genetic	664
counselor shall demonstrate to the board the ability to resume	665
practice in compliance with acceptable and prevailing standards of	666
care. The demonstration shall include the following:	667

(a) Certification from a treatment provider approved under	668
section 4731.25 of the Revised Code that the individual has	669
successfully completed any required inpatient treatment;	670

(b) Evidence of continuing full compliance with an aftercare	671
contract or consent agreement;	672

(c) Two written reports indicating that the individual's	673
ability to practice has been assessed and that the individual has	674
been found capable of practicing according to acceptable and	675
prevailing standards of care. The reports shall be made by	676
individuals or providers approved by the board for making such	677
assessments and shall describe the basis for their determination.	678

The board may reinstate a license or temporary license	679
suspended under this division after such demonstration and after	680
the individual has entered into a written consent agreement.	681

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

(G) If the secretary and supervising member determine that	691
there is clear and convincing evidence that a genetic counselor	692
has violated division (B) of this section and that the	693
individual's continued practice presents a danger of immediate and	694
serious harm to the public, they may recommend that the board	695
suspend the individual's license or temporary license to practice	696
without a prior hearing. Written allegations shall be prepared for	697
consideration by the board.	698

The board, on review of the allegations and by an affirmative	699
vote of not fewer than six of its members, excluding the secretary	700
and supervising member, may suspend a license or temporary license	701
without a prior hearing. A telephone conference call may be	702
utilized for reviewing the allegations and taking the vote on the	703
summary suspension.	704

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

The board shall notify the individual subject to the	753
suspension by certified mail or in person in accordance with	754
section 119.07 of the Revised Code. If an individual whose license	755
or temporary license is suspended under this division fails to	756
make a timely request for an adjudication under Chapter 119. of	757
the Revised Code, the board shall enter a final order permanently	758
revoking the individual's license or temporary license to	759
practice.	760

(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

(M) Notwithstanding any other provision of the Revised Code,	790
all of the following apply:	791

(1) The surrender of a license or temporary license to	792
practice as a genetic counselor issued under this chapter is not	793
effective unless or until accepted by the board. Reinstatement of	794
a license or temporary license surrendered to the board requires	795
an affirmative vote of not fewer than six members of the board.	796

(2) An application made under this chapter for a license or	797
temporary license to practice may not be withdrawn without	798
approval of the board.	799

(3) Failure by an individual to renew a license or temporary	800
license to practice in accordance with section 4774.06 of the	801
Revised Code shall not remove or limit the board's jurisdiction to	802
take disciplinary action under this section against the	803
individual.	804

Sec. 4778.15.  On receipt of a notice pursuant to section	805
3123.43 of the Revised Code, the state medical board shall comply	806
with sections 3123.41 to 3123.50 of the Revised Code and any	807
applicable rules adopted under section 3123.63 of the Revised Code	808
with respect to a license or temporary license issued under this	809
chapter.	810

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

On failure to comply with any subpoena issued by the board	872
and after reasonable notice to the person being subpoenaed, the	873
board may move for an order compelling the production of persons	874
or records pursuant to the Rules of Civil Procedure.	875

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

A sheriff's deputy who serves a subpoena shall receive the	886
same fees as a sheriff. Each witness who appears before the board	887
in obedience to a subpoena shall receive the fees and mileage	888
provided for witnesses in civil cases in the courts of common	889
pleas.	890

(D) All hearings and investigations of the board shall be	891
considered civil actions for the purposes of section 2305.252 of	892
the Revised Code.	893

(E) Information received by the board pursuant to an	894
investigation is confidential and not subject to discovery in any	895
civil action.	896

The board shall conduct all investigations and proceedings in	897
a manner that protects the confidentiality of patients and persons	898
who file complaints with the board. The board shall not make	899
public the names or any other identifying information about	900
patients or complainants unless proper consent is given.	901

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

(F) The state medical board shall develop requirements for	923
and provide appropriate initial training and continuing education	924
for investigators employed by the board to carry out its duties	925
under this chapter. The training and continuing education may	926
include enrollment in courses operated or approved by the Ohio	927
peace officer training council that the board considers	928
appropriate under conditions set forth in section 109.79 of the	929
Revised Code.	930

(G) On a quarterly basis, the board shall prepare a report	931
that documents the disposition of all cases during the preceding	932
three months. The report shall contain the following information	933
for each case with which the board has completed its activities:	934

(1) The case number assigned to the complaint or alleged	935
violation;	936

(2) The type of license, if any, held by the individual	937
against whom the complaint is directed;	938

(3) A description of the allegations contained in the	939
complaint;	940

(4) The disposition of the case.

941

The report shall state how many cases are still pending, and	942
shall be prepared in a manner that protects the identity of each	943
individual involved in each case. The report is a public record	944
for purposes of section 149.43 of the Revised Code.	945

Sec. 4778.19. (A) As used in this section, "prosecutor" has	946
the same meaning as in section 2935.01 of the Revised Code.	947

(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

(C) The prosecutor in any case against any person holding a	962
valid license to practice issued under this chapter, on forms	963
prescribed and provided by the state medical board, shall notify	964
the board of any of the following:	965

(1) A plea of guilty to, a finding of guilt by a jury or	966
court of, or judicial finding of eligibility for intervention in	967
lieu of conviction for a felony, or a case in which the trial	968
court issues an order of dismissal upon technical or procedural	969
grounds of a felony charge;	970

(2) A plea of guilty to, a finding of guilt by a jury or	971
court of, or judicial finding of eligibility for intervention in	972
lieu of conviction for a misdemeanor committed in the course of	973
practice, or a case in which the trial court issues an order of	974
dismissal upon technical or procedural grounds of a charge of a	975
misdemeanor, if the alleged act was committed in the course of	976
practice;	977

(3) A plea of guilty to, a finding of guilt by a jury or	978
court of, or judicial finding of eligibility for intervention in	979
lieu of conviction for a misdemeanor involving moral turpitude, or	980
a case in which the trial court issues an order of dismissal upon	981
technical or procedural grounds of a charge of a misdemeanor	982
involving moral turpitude.	983

The report shall include the name and address of the license	984
or temporary license holder, the nature of the offense for which	985
the action was taken, and the certified court documents recording	986
the action.	987

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

Upon the filing of a verified petition in court, the court	1020
shall conduct a hearing on the petition and shall give the same	1021
preference to this proceeding as is given all proceedings under	1022
Chapter 119. of the Revised Code, irrespective of the position of	1023
the proceeding on the calendar of the court.	1024

Injunction proceedings shall be in addition to, and not in	1025
lieu of, all penalties and other remedies provided in this	1026
chapter.	1027

Sec. 4778.22.  All fees, penalties, and other funds received	1028
by the state medical board under this chapter shall be deposited	1029
in accordance with section 4731.24 of the Revised Code.	1030

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

Sec. 4778.99.  Whoever violates section 4778.02 of the	1047
Revised Code is guilty of a misdemeanor of the first degree on a	1048
first offense and felony of the fifth degree on each subsequent	1049
offense.	1050

Section 2.  That existing sections 4731.051, 4731.07,	1051
4731.224, 4731.24, and 4731.25 of the Revised Code are hereby	1052
repealed.	1053