|
|
To amend sections 4731.07, 4731.19, 4731.22, | 1 |
4731.222, 4731.224, 4731.24, and 4731.25 and to | 2 |
enact sections 4731.297, 4778.01, 4778.02, | 3 |
4778.03, 4778.04, 4778.05, 4778.06, 4778.07, | 4 |
4778.08, 4778.09, 4778.10, 4778.11, 4778.12, | 5 |
4778.14, 4778.15, 4778.16, 4778.18, 4778.19, | 6 |
4778.20, 4778.21, 4778.22, 4778.24, and 4778.99 of | 7 |
the Revised Code to establish licensure | 8 |
requirements for genetic counselors, to modify | 9 |
certain laws governing the State Medical Board, | 10 |
and to create a visiting clinical professional | 11 |
development certificate for certain physicians who | 12 |
are not licensed in Ohio. | 13 |
Section 1. That sections 4731.07, 4731.19, 4731.22, 4731.222, | 14 |
4731.224, 4731.24, 4731.25, and 4731.293 be amended and sections | 15 |
4731.297, 4778.01, 4778.02, 4778.03, 4778.04, 4778.05, 4778.06, | 16 |
4778.07, 4778.08, 4778.09, 4778.10, 4778.11, 4778.12, 4778.14, | 17 |
4778.15, 4778.16, 4778.18, 4778.19, 4778.20, 4778.21, 4778.22, | 18 |
4778.24, and 4778.99 of the Revised Code be enacted to read as | 19 |
follows: | 20 |
Sec. 4731.07. The state medical board shall keep a record of | 21 |
its proceedings. It shall also keep a register of applicants for | 22 |
certificates of registration and certificates to practice issued | 23 |
under this chapter and Chapters 4730., 4760., 4762., and 4774. of | 24 |
the Revised Code and licenses issued under Chapter 4778. of the | 25 |
Revised Code. The register shall show the name of the applicant | 26 |
and whether the applicant was granted or refused a certificate or | 27 |
license. With respect to applicants to practice medicine and | 28 |
surgery or osteopathic medicine and surgery, the register shall | 29 |
show the name of the institution that granted the applicant the | 30 |
degree of doctor of medicine or osteopathic medicine. The books | 31 |
and records of the board shall be prima-facie evidence of matters | 32 |
therein contained. | 33 |
Sec. 4731.19. (A) A person seeking a certificate to practice | 34 |
a limited branch of medicine shall file with the state medical | 35 |
board an application in a manner prescribed by the board. The | 36 |
application shall include or be accompanied by | 37 |
the following: | 38 |
(1) | 39 |
years of age and of good moral character; | 40 |
(2) | 41 |
graduation or its equivalent; | 42 |
(3) | 43 |
following: | 44 |
(a) A diploma or certificate from a school, college, or | 45 |
institution in good standing as determined by the board, showing | 46 |
the completion of the required courses of instruction; | 47 |
(b) A diploma or certificate from a school, college, or | 48 |
institution in another state or jurisdiction showing completion of | 49 |
a course of instruction that meets course requirements determined | 50 |
by the board through rules adopted under section 4731.05 of the | 51 |
Revised Code; | 52 |
(c) For not less than five years preceding application, a | 53 |
current license, registration, or certificate in good standing in | 54 |
another state for massage therapy or cosmetic therapy. | 55 |
(4) Evidence that the applicant has successfully passed an | 56 |
examination, prescribed in rules described in section 4731.16 of | 57 |
the Revised Code, to determine competency to practice the | 58 |
applicable limited branch of medicine; | 59 |
(5) An affidavit signed by the applicant attesting to the | 60 |
accuracy and truthfulness of information submitted under this | 61 |
section and consenting to release of information; | 62 |
(6) Any other information the board requires. | 63 |
(B) An applicant for a certificate to practice a limited | 64 |
branch of medicine shall comply with the requirements of section | 65 |
4731.171 of the Revised Code. | 66 |
(C) At the time of making application for a certificate to | 67 |
practice a limited branch of medicine, the applicant shall pay to | 68 |
the board a fee of one hundred fifty dollars, no part of which | 69 |
shall be returned. No application shall be considered filed until | 70 |
the board receives the appropriate fee. | 71 |
(D) The board may investigate the application materials | 72 |
received under this section and contact any agency or organization | 73 |
for recommendations or other information about the applicant. | 74 |
Sec. 4731.22. (A) The state medical board, by an affirmative | 75 |
vote of not fewer than six of its members, may revoke or may | 76 |
refuse to grant a certificate to a person found by the board to | 77 |
have committed fraud during the administration of the examination | 78 |
for a certificate to practice or to have committed fraud, | 79 |
misrepresentation, or deception in applying for or securing any | 80 |
certificate to practice or certificate of registration issued by | 81 |
the board. | 82 |
(B) The board, by an affirmative vote of not fewer than six | 83 |
members, shall, to the extent permitted by law, limit, revoke, or | 84 |
suspend an individual's certificate to practice, refuse to | 85 |
register an individual, refuse to reinstate a certificate, or | 86 |
reprimand or place on probation the holder of a certificate for | 87 |
one or more of the following reasons: | 88 |
(1) Permitting one's name or one's certificate to practice or | 89 |
certificate of registration to be used by a person, group, or | 90 |
corporation when the individual concerned is not actually | 91 |
directing the treatment given; | 92 |
(2) Failure to maintain minimal standards applicable to the | 93 |
selection or administration of drugs, or failure to employ | 94 |
acceptable scientific methods in the selection of drugs or other | 95 |
modalities for treatment of disease; | 96 |
(3) Selling, giving away, personally furnishing, prescribing, | 97 |
or administering drugs for other than legal and legitimate | 98 |
therapeutic purposes or a plea of guilty to, a judicial finding of | 99 |
guilt of, or a judicial finding of eligibility for intervention in | 100 |
lieu of conviction of, a violation of any federal or state law | 101 |
regulating the possession, distribution, or use of any drug; | 102 |
(4) Willfully betraying a professional confidence. | 103 |
For purposes of this division, "willfully betraying a | 104 |
professional confidence" does not include providing any | 105 |
information, documents, or reports to a child fatality review | 106 |
board under sections 307.621 to 307.629 of the Revised Code and | 107 |
does not include the making of a report of an employee's use of a | 108 |
drug of abuse, or a report of a condition of an employee other | 109 |
than one involving the use of a drug of abuse, to the employer of | 110 |
the employee as described in division (B) of section 2305.33 of | 111 |
the Revised Code. Nothing in this division affects the immunity | 112 |
from civil liability conferred by that section upon a physician | 113 |
who makes either type of report in accordance with division (B) of | 114 |
that section. As used in this division, "employee," "employer," | 115 |
and "physician" have the same meanings as in section 2305.33 of | 116 |
the Revised Code. | 117 |
(5) Making a false, fraudulent, deceptive, or misleading | 118 |
statement in the solicitation of or advertising for patients; in | 119 |
relation to the practice of medicine and surgery, osteopathic | 120 |
medicine and surgery, podiatric medicine and surgery, or a limited | 121 |
branch of medicine; or in securing or attempting to secure any | 122 |
certificate to practice or certificate of registration issued by | 123 |
the board. | 124 |
As used in this division, "false, fraudulent, deceptive, or | 125 |
misleading statement" means a statement that includes a | 126 |
misrepresentation of fact, is likely to mislead or deceive because | 127 |
of a failure to disclose material facts, is intended or is likely | 128 |
to create false or unjustified expectations of favorable results, | 129 |
or includes representations or implications that in reasonable | 130 |
probability will cause an ordinarily prudent person to | 131 |
misunderstand or be deceived. | 132 |
(6) A departure from, or the failure to conform to, minimal | 133 |
standards of care of similar practitioners under the same or | 134 |
similar circumstances, whether or not actual injury to a patient | 135 |
is established; | 136 |
(7) Representing, with the purpose of obtaining compensation | 137 |
or other advantage as personal gain or for any other person, that | 138 |
an incurable disease or injury, or other incurable condition, can | 139 |
be permanently cured; | 140 |
(8) The obtaining of, or attempting to obtain, money or | 141 |
anything of value by fraudulent misrepresentations in the course | 142 |
of practice; | 143 |
(9) A plea of guilty to, a judicial finding of guilt of, or a | 144 |
judicial finding of eligibility for intervention in lieu of | 145 |
conviction for, a felony; | 146 |
(10) Commission of an act that constitutes a felony in this | 147 |
state, regardless of the jurisdiction in which the act was | 148 |
committed; | 149 |
(11) A plea of guilty to, a judicial finding of guilt of, or | 150 |
a judicial finding of eligibility for intervention in lieu of | 151 |
conviction for, a misdemeanor committed in the course of practice; | 152 |
(12) Commission of an act in the course of practice that | 153 |
constitutes a misdemeanor in this state, regardless of the | 154 |
jurisdiction in which the act was committed; | 155 |
(13) A plea of guilty to, a judicial finding of guilt of, or | 156 |
a judicial finding of eligibility for intervention in lieu of | 157 |
conviction for, a misdemeanor involving moral turpitude; | 158 |
(14) Commission of an act involving moral turpitude that | 159 |
constitutes a misdemeanor in this state, regardless of the | 160 |
jurisdiction in which the act was committed; | 161 |
(15) Violation of the conditions of limitation placed by the | 162 |
board upon a certificate to practice; | 163 |
(16) Failure to pay license renewal fees specified in this | 164 |
chapter; | 165 |
(17) Except as authorized in section 4731.31 of the Revised | 166 |
Code, engaging in the division of fees for referral of patients, | 167 |
or the receiving of a thing of value in return for a specific | 168 |
referral of a patient to utilize a particular service or business; | 169 |
(18) Subject to section 4731.226 of the Revised Code, | 170 |
violation of any provision of a code of ethics of the American | 171 |
medical association, the American osteopathic association, the | 172 |
American podiatric medical association, or any other national | 173 |
professional organizations that the board specifies by rule. The | 174 |
state medical board shall obtain and keep on file current copies | 175 |
of the codes of ethics of the various national professional | 176 |
organizations. The individual whose certificate is being suspended | 177 |
or revoked shall not be found to have violated any provision of a | 178 |
code of ethics of an organization not appropriate to the | 179 |
individual's profession. | 180 |
For purposes of this division, a "provision of a code of | 181 |
ethics of a national professional organization" does not include | 182 |
any provision that would preclude the making of a report by a | 183 |
physician of an employee's use of a drug of abuse, or of a | 184 |
condition of an employee other than one involving the use of a | 185 |
drug of abuse, to the employer of the employee as described in | 186 |
division (B) of section 2305.33 of the Revised Code. Nothing in | 187 |
this division affects the immunity from civil liability conferred | 188 |
by that section upon a physician who makes either type of report | 189 |
in accordance with division (B) of that section. As used in this | 190 |
division, "employee," "employer," and "physician" have the same | 191 |
meanings as in section 2305.33 of the Revised Code. | 192 |
(19) Inability to practice according to acceptable and | 193 |
prevailing standards of care by reason of mental illness or | 194 |
physical illness, including, but not limited to, physical | 195 |
deterioration that adversely affects cognitive, motor, or | 196 |
perceptive skills. | 197 |
In enforcing this division, the board, upon a showing of a | 198 |
possible violation, may compel any individual authorized to | 199 |
practice by this chapter or who has submitted an application | 200 |
pursuant to this chapter to submit to a mental examination, | 201 |
physical examination, including an HIV test, or both a mental and | 202 |
a physical examination. The expense of the examination is the | 203 |
responsibility of the individual compelled to be examined. Failure | 204 |
to submit to a mental or physical examination or consent to an HIV | 205 |
test ordered by the board constitutes an admission of the | 206 |
allegations against the individual unless the failure is due to | 207 |
circumstances beyond the individual's control, and a default and | 208 |
final order may be entered without the taking of testimony or | 209 |
presentation of evidence. If the board finds an individual unable | 210 |
to practice because of the reasons set forth in this division, the | 211 |
board shall require the individual to submit to care, counseling, | 212 |
or treatment by physicians approved or designated by the board, as | 213 |
a condition for initial, continued, reinstated, or renewed | 214 |
authority to practice. An individual affected under this division | 215 |
shall be afforded an opportunity to demonstrate to the board the | 216 |
ability to resume practice in compliance with acceptable and | 217 |
prevailing standards under the provisions of the individual's | 218 |
certificate. For the purpose of this division, any individual who | 219 |
applies for or receives a certificate to practice under this | 220 |
chapter accepts the privilege of practicing in this state and, by | 221 |
so doing, shall be deemed to have given consent to submit to a | 222 |
mental or physical examination when directed to do so in writing | 223 |
by the board, and to have waived all objections to the | 224 |
admissibility of testimony or examination reports that constitute | 225 |
a privileged communication. | 226 |
(20) Except when civil penalties are imposed under section | 227 |
4731.225 or 4731.281 of the Revised Code, and subject to section | 228 |
4731.226 of the Revised Code, violating or attempting to violate, | 229 |
directly or indirectly, or assisting in or abetting the violation | 230 |
of, or conspiring to violate, any provisions of this chapter or | 231 |
any rule promulgated by the board. | 232 |
This division does not apply to a violation or attempted | 233 |
violation of, assisting in or abetting the violation of, or a | 234 |
conspiracy to violate, any provision of this chapter or any rule | 235 |
adopted by the board that would preclude the making of a report by | 236 |
a physician of an employee's use of a drug of abuse, or of a | 237 |
condition of an employee other than one involving the use of a | 238 |
drug of abuse, to the employer of the employee as described in | 239 |
division (B) of section 2305.33 of the Revised Code. Nothing in | 240 |
this division affects the immunity from civil liability conferred | 241 |
by that section upon a physician who makes either type of report | 242 |
in accordance with division (B) of that section. As used in this | 243 |
division, "employee," "employer," and "physician" have the same | 244 |
meanings as in section 2305.33 of the Revised Code. | 245 |
(21) The violation of section 3701.79 of the Revised Code or | 246 |
of any abortion rule adopted by the public health council pursuant | 247 |
to section 3701.341 of the Revised Code; | 248 |
(22) Any of the following actions taken by an agency | 249 |
responsible for authorizing, certifying, or regulating an | 250 |
individual to practice a health care occupation or provide health | 251 |
care services in this state or another jurisdiction, for any | 252 |
reason other than the nonpayment of fees: the limitation, | 253 |
revocation, or suspension of an individual's license to practice; | 254 |
acceptance of an individual's license surrender; denial of a | 255 |
license; refusal to renew or reinstate a license; imposition of | 256 |
probation; or issuance of an order of censure or other reprimand; | 257 |
(23) The violation of section 2919.12 of the Revised Code or | 258 |
the performance or inducement of an abortion upon a pregnant woman | 259 |
with actual knowledge that the conditions specified in division | 260 |
(B) of section 2317.56 of the Revised Code have not been satisfied | 261 |
or with a heedless indifference as to whether those conditions | 262 |
have been satisfied, unless an affirmative defense as specified in | 263 |
division (H)(2) of that section would apply in a civil action | 264 |
authorized by division (H)(1) of that section; | 265 |
(24) The revocation, suspension, restriction, reduction, or | 266 |
termination of clinical privileges by the United States department | 267 |
of defense or department of veterans affairs or the termination or | 268 |
suspension of a certificate of registration to prescribe drugs by | 269 |
the drug enforcement administration of the United States | 270 |
department of justice; | 271 |
(25) Termination or suspension from participation in the | 272 |
medicare or medicaid programs by the department of health and | 273 |
human services or other responsible agency for any act or acts | 274 |
that also would constitute a violation of division (B)(2), (3), | 275 |
(6), (8), or (19) of this section; | 276 |
(26) Impairment of ability to practice according to | 277 |
acceptable and prevailing standards of care because of habitual or | 278 |
excessive use or abuse of drugs, alcohol, or other substances that | 279 |
impair ability to practice. | 280 |
For the purposes of this division, any individual authorized | 281 |
to practice by this chapter accepts the privilege of practicing in | 282 |
this state subject to supervision by the board. By filing an | 283 |
application for or holding a certificate to practice under this | 284 |
chapter, an individual shall be deemed to have given consent to | 285 |
submit to a mental or physical examination when ordered to do so | 286 |
by the board in writing, and to have waived all objections to the | 287 |
admissibility of testimony or examination reports that constitute | 288 |
privileged communications. | 289 |
If it has reason to believe that any individual authorized to | 290 |
practice by this chapter or any applicant for certification to | 291 |
practice suffers such impairment, the board may compel the | 292 |
individual to submit to a mental or physical examination, or both. | 293 |
The expense of the examination is the responsibility of the | 294 |
individual compelled to be examined. Any mental or physical | 295 |
examination required under this division shall be undertaken by a | 296 |
treatment provider or physician who is qualified to conduct the | 297 |
examination and who is chosen by the board. | 298 |
Failure to submit to a mental or physical examination ordered | 299 |
by the board constitutes an admission of the allegations against | 300 |
the individual unless the failure is due to circumstances beyond | 301 |
the individual's control, and a default and final order may be | 302 |
entered without the taking of testimony or presentation of | 303 |
evidence. If the board determines that the individual's ability to | 304 |
practice is impaired, the board shall suspend the individual's | 305 |
certificate or deny the individual's application and shall require | 306 |
the individual, as a condition for initial, continued, reinstated, | 307 |
or renewed certification to practice, to submit to treatment. | 308 |
Before being eligible to apply for reinstatement of a | 309 |
certificate suspended under this division, the impaired | 310 |
practitioner shall demonstrate to the board the ability to resume | 311 |
practice in compliance with acceptable and prevailing standards of | 312 |
care under the provisions of the practitioner's certificate. The | 313 |
demonstration shall include, but shall not be limited to, the | 314 |
following: | 315 |
(a) Certification from a treatment provider approved under | 316 |
section 4731.25 of the Revised Code that the individual has | 317 |
successfully completed any required inpatient treatment; | 318 |
(b) Evidence of continuing full compliance with an aftercare | 319 |
contract or consent agreement; | 320 |
(c) Two written reports indicating that the individual's | 321 |
ability to practice has been assessed and that the individual has | 322 |
been found capable of practicing according to acceptable and | 323 |
prevailing standards of care. The reports shall be made by | 324 |
individuals or providers approved by the board for making the | 325 |
assessments and shall describe the basis for their determination. | 326 |
The board may reinstate a certificate suspended under this | 327 |
division after that demonstration and after the individual has | 328 |
entered into a written consent agreement. | 329 |
When the impaired practitioner resumes practice, the board | 330 |
shall require continued monitoring of the individual. The | 331 |
monitoring shall include, but not be limited to, compliance with | 332 |
the written consent agreement entered into before reinstatement or | 333 |
with conditions imposed by board order after a hearing, and, upon | 334 |
termination of the consent agreement, submission to the board for | 335 |
at least two years of annual written progress reports made under | 336 |
penalty of perjury stating whether the individual has maintained | 337 |
sobriety. | 338 |
(27) A second or subsequent violation of section 4731.66 or | 339 |
4731.69 of the Revised Code; | 340 |
(28) Except as provided in division (N) of this section: | 341 |
(a) Waiving the payment of all or any part of a deductible or | 342 |
copayment that a patient, pursuant to a health insurance or health | 343 |
care policy, contract, or plan that covers the individual's | 344 |
services, otherwise would be required to pay if the waiver is used | 345 |
as an enticement to a patient or group of patients to receive | 346 |
health care services from that individual; | 347 |
(b) Advertising that the individual will waive the payment of | 348 |
all or any part of a deductible or copayment that a patient, | 349 |
pursuant to a health insurance or health care policy, contract, or | 350 |
plan that covers the individual's services, otherwise would be | 351 |
required to pay. | 352 |
(29) Failure to use universal blood and body fluid | 353 |
precautions established by rules adopted under section 4731.051 of | 354 |
the Revised Code; | 355 |
(30) Failure to provide notice to, and receive acknowledgment | 356 |
of the notice from, a patient when required by section 4731.143 of | 357 |
the Revised Code prior to providing nonemergency professional | 358 |
services, or failure to maintain that notice in the patient's | 359 |
file; | 360 |
(31) Failure of a physician supervising a physician assistant | 361 |
to maintain supervision in accordance with the requirements of | 362 |
Chapter 4730. of the Revised Code and the rules adopted under that | 363 |
chapter; | 364 |
(32) Failure of a physician or podiatrist to enter into a | 365 |
standard care arrangement with a clinical nurse specialist, | 366 |
certified nurse-midwife, or certified nurse practitioner with whom | 367 |
the physician or podiatrist is in collaboration pursuant to | 368 |
section 4731.27 of the Revised Code or failure to fulfill the | 369 |
responsibilities of collaboration after entering into a standard | 370 |
care arrangement; | 371 |
(33) Failure to comply with the terms of a consult agreement | 372 |
entered into with a pharmacist pursuant to section 4729.39 of the | 373 |
Revised Code; | 374 |
(34) Failure to cooperate in an investigation conducted by | 375 |
the board under division (F) of this section, including failure to | 376 |
comply with a subpoena or order issued by the board or failure to | 377 |
answer truthfully a question presented by the board at a | 378 |
deposition or in written interrogatories, except that failure to | 379 |
cooperate with an investigation shall not constitute grounds for | 380 |
discipline under this section if a court of competent jurisdiction | 381 |
has issued an order that either quashes a subpoena or permits the | 382 |
individual to withhold the testimony or evidence in issue; | 383 |
(35) Failure to supervise an acupuncturist in accordance with | 384 |
Chapter 4762. of the Revised Code and the board's rules for | 385 |
supervision of an acupuncturist; | 386 |
(36) Failure to supervise an anesthesiologist assistant in | 387 |
accordance with Chapter 4760. of the Revised Code and the board's | 388 |
rules for supervision of an anesthesiologist assistant; | 389 |
(37) Assisting suicide as defined in section 3795.01 of the | 390 |
Revised Code; | 391 |
(38) Failure to comply with the requirements of section | 392 |
2317.561 of the Revised Code; | 393 |
(39) Failure to supervise a radiologist assistant in | 394 |
accordance with Chapter 4774. of the Revised Code and the board's | 395 |
rules for supervision of radiologist assistants; | 396 |
(40) Performing or inducing an abortion at an office or | 397 |
facility with knowledge that the office or facility fails to post | 398 |
the notice required under section 3701.791 of the Revised Code; | 399 |
(41) Failure to comply with the standards and procedures | 400 |
established in rules under section 4731.054 of the Revised Code | 401 |
for the operation of or the provision of care at a pain management | 402 |
clinic; | 403 |
(42) Failure to comply with the standards and procedures | 404 |
established in rules under section 4731.054 of the Revised Code | 405 |
for providing supervision, direction, and control of individuals | 406 |
at a pain management clinic; | 407 |
(43) Failure to comply with the requirements of section | 408 |
4729.79 of the Revised Code, unless the state board of pharmacy no | 409 |
longer maintains a drug database pursuant to section 4729.75 of | 410 |
the Revised Code; | 411 |
| 412 |
2919.171 of the Revised Code or failure to submit to the | 413 |
department of health in accordance with a court order a complete | 414 |
report as described in section 2919.171 of the Revised Code; | 415 |
(45) Failure to supervise a genetic counselor holding a | 416 |
supervised practice license in accordance with Chapter 4778. of | 417 |
the Revised Code and the board's rules for supervision of the | 418 |
genetic counselor; | 419 |
(46) Failure to fulfill the responsibilities of collaboration | 420 |
after entering into a collaborative agreement with a genetic | 421 |
counselor under division (B) of section 4778.11 of the Revised | 422 |
Code or failure to comply with the board's rules regarding such | 423 |
agreements. | 424 |
(C) Disciplinary actions taken by the board under divisions | 425 |
(A) and (B) of this section shall be taken pursuant to an | 426 |
adjudication under Chapter 119. of the Revised Code, except that | 427 |
in lieu of an adjudication, the board may enter into a consent | 428 |
agreement with an individual to resolve an allegation of a | 429 |
violation of this chapter or any rule adopted under it. A consent | 430 |
agreement, when ratified by an affirmative vote of not fewer than | 431 |
six members of the board, shall constitute the findings and order | 432 |
of the board with respect to the matter addressed in the | 433 |
agreement. If the board refuses to ratify a consent agreement, the | 434 |
admissions and findings contained in the consent agreement shall | 435 |
be of no force or effect. | 436 |
A telephone conference call may be utilized for ratification | 437 |
of a consent agreement that revokes or suspends an individual's | 438 |
certificate to practice. The telephone conference call shall be | 439 |
considered a special meeting under division (F) of section 121.22 | 440 |
of the Revised Code. | 441 |
If the board takes disciplinary action against an individual | 442 |
under division (B) of this section for a second or subsequent plea | 443 |
of guilty to, or judicial finding of guilt of, a violation of | 444 |
section 2919.123 of the Revised Code, the disciplinary action | 445 |
shall consist of a suspension of the individual's certificate to | 446 |
practice for a period of at least one year or, if determined | 447 |
appropriate by the board, a more serious sanction involving the | 448 |
individual's certificate to practice. Any consent agreement | 449 |
entered into under this division with an individual that pertains | 450 |
to a second or subsequent plea of guilty to, or judicial finding | 451 |
of guilt of, a violation of that section shall provide for a | 452 |
suspension of the individual's certificate to practice for a | 453 |
period of at least one year or, if determined appropriate by the | 454 |
board, a more serious sanction involving the individual's | 455 |
certificate to practice. | 456 |
(D) For purposes of divisions (B)(10), (12), and (14) of this | 457 |
section, the commission of the act may be established by a finding | 458 |
by the board, pursuant to an adjudication under Chapter 119. of | 459 |
the Revised Code, that the individual committed the act. The board | 460 |
does not have jurisdiction under those divisions if the trial | 461 |
court renders a final judgment in the individual's favor and that | 462 |
judgment is based upon an adjudication on the merits. The board | 463 |
has jurisdiction under those divisions if the trial court issues | 464 |
an order of dismissal upon technical or procedural grounds. | 465 |
(E) The sealing of conviction records by any court shall have | 466 |
no effect upon a prior board order entered under this section or | 467 |
upon the board's jurisdiction to take action under this section | 468 |
if, based upon a plea of guilty, a judicial finding of guilt, or a | 469 |
judicial finding of eligibility for intervention in lieu of | 470 |
conviction, the board issued a notice of opportunity for a hearing | 471 |
prior to the court's order to seal the records. The board shall | 472 |
not be required to seal, destroy, redact, or otherwise modify its | 473 |
records to reflect the court's sealing of conviction records. | 474 |
(F)(1) The board shall investigate evidence that appears to | 475 |
show that a person has violated any provision of this chapter or | 476 |
any rule adopted under it. Any person may report to the board in a | 477 |
signed writing any information that the person may have that | 478 |
appears to show a violation of any provision of this chapter or | 479 |
any rule adopted under it. In the absence of bad faith, any person | 480 |
who reports information of that nature or who testifies before the | 481 |
board in any adjudication conducted under Chapter 119. of the | 482 |
Revised Code shall not be liable in damages in a civil action as a | 483 |
result of the report or testimony. Each complaint or allegation of | 484 |
a violation received by the board shall be assigned a case number | 485 |
and shall be recorded by the board. | 486 |
(2) Investigations of alleged violations of this chapter or | 487 |
any rule adopted under it shall be supervised by the supervising | 488 |
member elected by the board in accordance with section 4731.02 of | 489 |
the Revised Code and by the secretary as provided in section | 490 |
4731.39 of the Revised Code. The president may designate another | 491 |
member of the board to supervise the investigation in place of the | 492 |
supervising member. No member of the board who supervises the | 493 |
investigation of a case shall participate in further adjudication | 494 |
of the case. | 495 |
(3) In investigating a possible violation of this chapter or | 496 |
any rule adopted under this chapter, the board may administer | 497 |
oaths, order the taking of depositions, inspect and copy any | 498 |
books, accounts, papers, records, or documents, issue subpoenas, | 499 |
and compel the attendance of witnesses and production of books, | 500 |
accounts, papers, records, documents, and testimony, except that a | 501 |
subpoena for patient record information shall not be issued | 502 |
without consultation with the attorney general's office and | 503 |
approval of the secretary and supervising member of the board. | 504 |
Before issuance of a subpoena for patient record information, the | 505 |
secretary and supervising member shall determine whether there is | 506 |
probable cause to believe that the complaint filed alleges a | 507 |
violation of this chapter or any rule adopted under it and that | 508 |
the records sought are relevant to the alleged violation and | 509 |
material to the investigation. The subpoena may apply only to | 510 |
records that cover a reasonable period of time surrounding the | 511 |
alleged violation. | 512 |
On failure to comply with any subpoena issued by the board | 513 |
and after reasonable notice to the person being subpoenaed, the | 514 |
board may move for an order compelling the production of persons | 515 |
or records pursuant to the Rules of Civil Procedure. | 516 |
A subpoena issued by the board may be served by a sheriff, | 517 |
the sheriff's deputy, or a board employee designated by the board. | 518 |
Service of a subpoena issued by the board may be made by | 519 |
delivering a copy of the subpoena to the person named therein, | 520 |
reading it to the person, or leaving it at the person's usual | 521 |
place of residence. When the person being served is a person whose | 522 |
practice is authorized by this chapter, service of the subpoena | 523 |
may be made by certified mail, restricted delivery, return receipt | 524 |
requested, and the subpoena shall be deemed served on the date | 525 |
delivery is made or the date the person refuses to accept | 526 |
delivery. | 527 |
A sheriff's deputy who serves a subpoena shall receive the | 528 |
same fees as a sheriff. Each witness who appears before the board | 529 |
in obedience to a subpoena shall receive the fees and mileage | 530 |
provided for under section 119.094 of the Revised Code. | 531 |
(4) All hearings and investigations of the board shall be | 532 |
considered civil actions for the purposes of section 2305.252 of | 533 |
the Revised Code. | 534 |
(5) Information received by the board pursuant to an | 535 |
investigation is confidential and not subject to discovery in any | 536 |
civil action. | 537 |
The board shall conduct all investigations and proceedings in | 538 |
a manner that protects the confidentiality of patients and persons | 539 |
who file complaints with the board. The board shall not make | 540 |
public the names or any other identifying information about | 541 |
patients or complainants unless proper consent is given or, in the | 542 |
case of a patient, a waiver of the patient privilege exists under | 543 |
division (B) of section 2317.02 of the Revised Code, except that | 544 |
consent or a waiver of that nature is not required if the board | 545 |
possesses reliable and substantial evidence that no bona fide | 546 |
physician-patient relationship exists. | 547 |
The board may share any information it receives pursuant to | 548 |
an investigation, including patient records and patient record | 549 |
information, with law enforcement agencies, other licensing | 550 |
boards, and other governmental agencies that are prosecuting, | 551 |
adjudicating, or investigating alleged violations of statutes or | 552 |
administrative rules. An agency or board that receives the | 553 |
information shall comply with the same requirements regarding | 554 |
confidentiality as those with which the state medical board must | 555 |
comply, notwithstanding any conflicting provision of the Revised | 556 |
Code or procedure of the agency or board that applies when it is | 557 |
dealing with other information in its possession. In a judicial | 558 |
proceeding, the information may be admitted into evidence only in | 559 |
accordance with the Rules of Evidence, but the court shall require | 560 |
that appropriate measures are taken to ensure that confidentiality | 561 |
is maintained with respect to any part of the information that | 562 |
contains names or other identifying information about patients or | 563 |
complainants whose confidentiality was protected by the state | 564 |
medical board when the information was in the board's possession. | 565 |
Measures to ensure confidentiality that may be taken by the court | 566 |
include sealing its records or deleting specific information from | 567 |
its records. | 568 |
(6) On a quarterly basis, the board shall prepare a report | 569 |
that documents the disposition of all cases during the preceding | 570 |
three months. The report shall contain the following information | 571 |
for each case with which the board has completed its activities: | 572 |
(a) The case number assigned to the complaint or alleged | 573 |
violation; | 574 |
(b) The type of certificate to practice, if any, held by the | 575 |
individual against whom the complaint is directed; | 576 |
(c) A description of the allegations contained in the | 577 |
complaint; | 578 |
(d) The disposition of the case. | 579 |
The report shall state how many cases are still pending and | 580 |
shall be prepared in a manner that protects the identity of each | 581 |
person involved in each case. The report shall be a public record | 582 |
under section 149.43 of the Revised Code. | 583 |
(G) If the secretary and supervising member determine both of | 584 |
the following, they may recommend that the board suspend an | 585 |
individual's certificate to practice without a prior hearing: | 586 |
(1) That there is clear and convincing evidence that an | 587 |
individual has violated division (B) of this section; | 588 |
(2) That the individual's continued practice presents a | 589 |
danger of immediate and serious harm to the public. | 590 |
Written allegations shall be prepared for consideration by | 591 |
the board. The board, upon review of those allegations and by an | 592 |
affirmative vote of not fewer than six of its members, excluding | 593 |
the secretary and supervising member, may suspend a certificate | 594 |
without a prior hearing. A telephone conference call may be | 595 |
utilized for reviewing the allegations and taking the vote on the | 596 |
summary suspension. | 597 |
The board shall issue a written order of suspension by | 598 |
certified mail or in person in accordance with section 119.07 of | 599 |
the Revised Code. The order shall not be subject to suspension by | 600 |
the court during pendency of any appeal filed under section 119.12 | 601 |
of the Revised Code. If the individual subject to the summary | 602 |
suspension requests an adjudicatory hearing by the board, the date | 603 |
set for the hearing shall be within fifteen days, but not earlier | 604 |
than seven days, after the individual requests the hearing, unless | 605 |
otherwise agreed to by both the board and the individual. | 606 |
Any summary suspension imposed under this division shall | 607 |
remain in effect, unless reversed on appeal, until a final | 608 |
adjudicative order issued by the board pursuant to this section | 609 |
and Chapter 119. of the Revised Code becomes effective. The board | 610 |
shall issue its final adjudicative order within seventy-five days | 611 |
after completion of its hearing. A failure to issue the order | 612 |
within seventy-five days shall result in dissolution of the | 613 |
summary suspension order but shall not invalidate any subsequent, | 614 |
final adjudicative order. | 615 |
(H) If the board takes action under division (B)(9), (11), or | 616 |
(13) of this section and the judicial finding of guilt, guilty | 617 |
plea, or judicial finding of eligibility for intervention in lieu | 618 |
of conviction is overturned on appeal, upon exhaustion of the | 619 |
criminal appeal, a petition for reconsideration of the order may | 620 |
be filed with the board along with appropriate court documents. | 621 |
Upon receipt of a petition of that nature and supporting court | 622 |
documents, the board shall reinstate the individual's certificate | 623 |
to practice. The board may then hold an adjudication under Chapter | 624 |
119. of the Revised Code to determine whether the individual | 625 |
committed the act in question. Notice of an opportunity for a | 626 |
hearing shall be given in accordance with Chapter 119. of the | 627 |
Revised Code. If the board finds, pursuant to an adjudication held | 628 |
under this division, that the individual committed the act or if | 629 |
no hearing is requested, the board may order any of the sanctions | 630 |
identified under division (B) of this section. | 631 |
(I) The certificate to practice issued to an individual under | 632 |
this chapter and the individual's practice in this state are | 633 |
automatically suspended as of the date of the individual's second | 634 |
or subsequent plea of guilty to, or judicial finding of guilt of, | 635 |
a violation of section 2919.123 of the Revised Code, or the date | 636 |
the individual pleads guilty to, is found by a judge or jury to be | 637 |
guilty of, or is subject to a judicial finding of eligibility for | 638 |
intervention in lieu of conviction in this state or treatment or | 639 |
intervention in lieu of conviction in another jurisdiction for any | 640 |
of the following criminal offenses in this state or a | 641 |
substantially equivalent criminal offense in another jurisdiction: | 642 |
aggravated murder, murder, voluntary manslaughter, felonious | 643 |
assault, kidnapping, rape, sexual battery, gross sexual | 644 |
imposition, aggravated arson, aggravated robbery, or aggravated | 645 |
burglary. Continued practice after suspension shall be considered | 646 |
practicing without a certificate. | 647 |
The board shall notify the individual subject to the | 648 |
suspension by certified mail or in person in accordance with | 649 |
section 119.07 of the Revised Code. If an individual whose | 650 |
certificate is automatically suspended under this division fails | 651 |
to make a timely request for an adjudication under Chapter 119. of | 652 |
the Revised Code, the board shall do whichever of the following is | 653 |
applicable: | 654 |
(1) If the automatic suspension under this division is for a | 655 |
second or subsequent plea of guilty to, or judicial finding of | 656 |
guilt of, a violation of section 2919.123 of the Revised Code, the | 657 |
board shall enter an order suspending the individual's certificate | 658 |
to practice for a period of at least one year or, if determined | 659 |
appropriate by the board, imposing a more serious sanction | 660 |
involving the individual's certificate to practice. | 661 |
(2) In all circumstances in which division (I)(1) of this | 662 |
section does not apply, enter a final order permanently revoking | 663 |
the individual's certificate to practice. | 664 |
(J) If the board is required by Chapter 119. of the Revised | 665 |
Code to give notice of an opportunity for a hearing and if the | 666 |
individual subject to the notice does not timely request a hearing | 667 |
in accordance with section 119.07 of the Revised Code, the board | 668 |
is not required to hold a hearing, but may adopt, by an | 669 |
affirmative vote of not fewer than six of its members, a final | 670 |
order that contains the board's findings. In that final order, the | 671 |
board may order any of the sanctions identified under division (A) | 672 |
or (B) of this section. | 673 |
(K) Any action taken by the board under division (B) of this | 674 |
section resulting in a suspension from practice shall be | 675 |
accompanied by a written statement of the conditions under which | 676 |
the individual's certificate to practice may be reinstated. The | 677 |
board shall adopt rules governing conditions to be imposed for | 678 |
reinstatement. Reinstatement of a certificate suspended pursuant | 679 |
to division (B) of this section requires an affirmative vote of | 680 |
not fewer than six members of the board. | 681 |
(L) When the board refuses to grant a certificate to an | 682 |
applicant, revokes an individual's certificate to practice, | 683 |
refuses to register an applicant, or refuses to reinstate an | 684 |
individual's certificate to practice, the board may specify that | 685 |
its action is permanent. An individual subject to a permanent | 686 |
action taken by the board is forever thereafter ineligible to hold | 687 |
a certificate to practice and the board shall not accept an | 688 |
application for reinstatement of the certificate or for issuance | 689 |
of a new certificate. | 690 |
(M) Notwithstanding any other provision of the Revised Code, | 691 |
all of the following apply: | 692 |
(1) The surrender of a certificate issued under this chapter | 693 |
shall not be effective unless or until accepted by the board. A | 694 |
telephone conference call may be utilized for acceptance of the | 695 |
surrender of an individual's certificate to practice. The | 696 |
telephone conference call shall be considered a special meeting | 697 |
under division (F) of section 121.22 of the Revised Code. | 698 |
Reinstatement of a certificate surrendered to the board requires | 699 |
an affirmative vote of not fewer than six members of the board. | 700 |
(2) An application for a certificate made under the | 701 |
provisions of this chapter may not be withdrawn without approval | 702 |
of the board. | 703 |
(3) Failure by an individual to renew a certificate of | 704 |
registration in accordance with this chapter shall not remove or | 705 |
limit the board's jurisdiction to take any disciplinary action | 706 |
under this section against the individual. | 707 |
(N) Sanctions shall not be imposed under division (B)(28) of | 708 |
this section against any person who waives deductibles and | 709 |
copayments as follows: | 710 |
(1) In compliance with the health benefit plan that expressly | 711 |
allows such a practice. Waiver of the deductibles or copayments | 712 |
shall be made only with the full knowledge and consent of the plan | 713 |
purchaser, payer, and third-party administrator. Documentation of | 714 |
the consent shall be made available to the board upon request. | 715 |
(2) For professional services rendered to any other person | 716 |
authorized to practice pursuant to this chapter, to the extent | 717 |
allowed by this chapter and rules adopted by the board. | 718 |
(O) Under the board's investigative duties described in this | 719 |
section and subject to division (F) of this section, the board | 720 |
shall develop and implement a quality intervention program | 721 |
designed to improve through remedial education the clinical and | 722 |
communication skills of individuals authorized under this chapter | 723 |
to practice medicine and surgery, osteopathic medicine and | 724 |
surgery, and podiatric medicine and surgery. In developing and | 725 |
implementing the quality intervention program, the board may do | 726 |
all of the following: | 727 |
(1) Offer in appropriate cases as determined by the board an | 728 |
educational and assessment program pursuant to an investigation | 729 |
the board conducts under this section; | 730 |
(2) Select providers of educational and assessment services, | 731 |
including a quality intervention program panel of case reviewers; | 732 |
(3) Make referrals to educational and assessment service | 733 |
providers and approve individual educational programs recommended | 734 |
by those providers. The board shall monitor the progress of each | 735 |
individual undertaking a recommended individual educational | 736 |
program. | 737 |
(4) Determine what constitutes successful completion of an | 738 |
individual educational program and require further monitoring of | 739 |
the individual who completed the program or other action that the | 740 |
board determines to be appropriate; | 741 |
(5) Adopt rules in accordance with Chapter 119. of the | 742 |
Revised Code to further implement the quality intervention | 743 |
program. | 744 |
An individual who participates in an individual educational | 745 |
program pursuant to this division shall pay the financial | 746 |
obligations arising from that educational program. | 747 |
Sec. 4731.222. | 748 |
section applies to both of the following: | 749 |
(1) An applicant seeking restoration of a certificate issued | 750 |
under this chapter that has been in a suspended or inactive state | 751 |
for any cause for more than two years | 752 |
(2) An applicant seeking issuance of a certificate pursuant | 753 |
to section 4731.29, 4731.295, 4731.57, or 4731.571 of the Revised | 754 |
Code | 755 |
engaged in the practice of medicine and surgery, osteopathic | 756 |
medicine and surgery, podiatric medicine and surgery, or a limited | 757 |
branch of medicine as | 758 |
(a) An active practitioner | 759 |
(b) A participant in a program of graduate medical education, | 760 |
as defined in section 4731.091 of the Revised Code | 761 |
(c) A student in a college of podiatry determined by the | 762 |
state medical board to be in good standing | 763 |
(d) A student in a school, college, or institution giving | 764 |
instruction in a limited branch of medicine determined by the | 765 |
board to be in good standing under section | 766 |
Revised Code | 767 |
768 | |
769 |
| 770 |
standing for or issuing a certificate to an applicant subject to | 771 |
this section, the state medical board | 772 |
conditions
| 773 |
| 774 |
examination, or both, to determine the applicant's present fitness | 775 |
to resume practice; | 776 |
(2) Requiring the applicant to obtain additional training and | 777 |
to pass an examination upon completion of such training; | 778 |
| 779 |
practice of the applicant. | 780 |
The board shall consider the moral background and the | 781 |
activities of the applicant during the period of suspension or | 782 |
inactivity, in accordance with section 4731.08 of the Revised | 783 |
Code. The board shall not restore a certificate under this section | 784 |
unless the applicant complies with sections 4776.01 to 4776.04 of | 785 |
the Revised Code. | 786 |
Sec. 4731.224. (A) Within sixty days after the imposition of | 787 |
any formal disciplinary action taken by any health care facility, | 788 |
including a hospital, health care facility operated by a health | 789 |
insuring corporation, ambulatory surgical center, or similar | 790 |
facility, against any individual holding a valid certificate to | 791 |
practice issued pursuant to this chapter, the chief administrator | 792 |
or executive officer of the facility shall report to the state | 793 |
medical board the name of the individual, the action taken by the | 794 |
facility, and a summary of the underlying facts leading to the | 795 |
action taken. Upon request, the board shall be provided certified | 796 |
copies of the patient records that were the basis for the | 797 |
facility's action. Prior to release to the board, the summary | 798 |
shall be approved by the peer review committee that reviewed the | 799 |
case or by the governing board of the facility. As used in this | 800 |
division, "formal disciplinary action" means any action resulting | 801 |
in the revocation, restriction, reduction, or termination of | 802 |
clinical privileges for violations of professional ethics, or for | 803 |
reasons of medical incompetence, medical malpractice, or drug or | 804 |
alcohol abuse. "Formal disciplinary action" includes a summary | 805 |
action, an action that takes effect notwithstanding any appeal | 806 |
rights that may exist, and an action that results in an individual | 807 |
surrendering clinical privileges while under investigation and | 808 |
during proceedings regarding the action being taken or in return | 809 |
for not being investigated or having proceedings held. "Formal | 810 |
disciplinary action" does not include any action taken for the | 811 |
sole reason of failure to maintain records on a timely basis or | 812 |
failure to attend staff or section meetings. | 813 |
The filing or nonfiling of a report with the board, | 814 |
investigation by the board, or any disciplinary action taken by | 815 |
the board, shall not preclude any action by a health care facility | 816 |
to suspend, restrict, or revoke the individual's clinical | 817 |
privileges. | 818 |
In the absence of fraud or bad faith, no individual or entity | 819 |
that provides patient records to the board shall be liable in | 820 |
damages to any person as a result of providing the records. | 821 |
(B) If any individual authorized to practice under this | 822 |
chapter or any professional association or society of such | 823 |
individuals believes that a violation of any provision of this | 824 |
chapter, Chapter 4730., 4760., 4762., | 825 |
Revised Code, or any rule of the board has occurred, the | 826 |
individual, association, or society shall report to the board the | 827 |
information upon which the belief is based. This division does not | 828 |
require any treatment provider approved by the board under section | 829 |
4731.25 of the Revised Code or any employee, agent, or | 830 |
representative of such a provider to make reports with respect to | 831 |
an impaired practitioner participating in treatment or aftercare | 832 |
for substance abuse as long as the practitioner maintains | 833 |
participation in accordance with the requirements of section | 834 |
4731.25 of the Revised Code, and as long as the treatment provider | 835 |
or employee, agent, or representative of the provider has no | 836 |
reason to believe that the practitioner has violated any provision | 837 |
of this chapter or any rule adopted under it, other than the | 838 |
provisions of division (B)(26) of section 4731.22 of the Revised | 839 |
Code. This division does not require reporting by any member of an | 840 |
impaired practitioner committee established by a health care | 841 |
facility or by any representative or agent of a committee or | 842 |
program sponsored by a professional association or society of | 843 |
individuals authorized to practice under this chapter to provide | 844 |
peer assistance to practitioners with substance abuse problems | 845 |
with respect to a practitioner who has been referred for | 846 |
examination to a treatment program approved by the board under | 847 |
section 4731.25 of the Revised Code if the practitioner cooperates | 848 |
with the referral for examination and with any determination that | 849 |
the practitioner should enter treatment and as long as the | 850 |
committee member, representative, or agent has no reason to | 851 |
believe that the practitioner has ceased to participate in the | 852 |
treatment program in accordance with section 4731.25 of the | 853 |
Revised Code or has violated any provision of this chapter or any | 854 |
rule adopted under it, other than the provisions of division | 855 |
(B)(26) of section 4731.22 of the Revised Code. | 856 |
(C) Any professional association or society composed | 857 |
primarily of doctors of medicine and surgery, doctors of | 858 |
osteopathic medicine and surgery, doctors of podiatric medicine | 859 |
and surgery, or practitioners of limited branches of medicine that | 860 |
suspends or revokes an individual's membership for violations of | 861 |
professional ethics, or for reasons of professional incompetence | 862 |
or professional malpractice, within sixty days after a final | 863 |
decision shall report to the board, on forms prescribed and | 864 |
provided by the board, the name of the individual, the action | 865 |
taken by the professional organization, and a summary of the | 866 |
underlying facts leading to the action taken. | 867 |
The filing of a report with the board or decision not to file | 868 |
a report, investigation by the board, or any disciplinary action | 869 |
taken by the board, does not preclude a professional organization | 870 |
from taking disciplinary action against an individual. | 871 |
(D) Any insurer providing professional liability insurance to | 872 |
an individual authorized to practice under this chapter, or any | 873 |
other entity that seeks to indemnify the professional liability of | 874 |
such an individual, shall notify the board within thirty days | 875 |
after the final disposition of any written claim for damages where | 876 |
such disposition results in a payment exceeding twenty-five | 877 |
thousand dollars. The notice shall contain the following | 878 |
information: | 879 |
(1) The name and address of the person submitting the | 880 |
notification; | 881 |
(2) The name and address of the insured who is the subject of | 882 |
the claim; | 883 |
(3) The name of the person filing the written claim; | 884 |
(4) The date of final disposition; | 885 |
(5) If applicable, the identity of the court in which the | 886 |
final disposition of the claim took place. | 887 |
(E) The board may investigate possible violations of this | 888 |
chapter or the rules adopted under it that are brought to its | 889 |
attention as a result of the reporting requirements of this | 890 |
section, except that the board shall conduct an investigation if a | 891 |
possible violation involves repeated malpractice. As used in this | 892 |
division, "repeated malpractice" means three or more claims for | 893 |
medical malpractice within the previous five-year period, each | 894 |
resulting in a judgment or settlement in excess of twenty-five | 895 |
thousand dollars in favor of the claimant, and each involving | 896 |
negligent conduct by the practicing individual. | 897 |
(F) All summaries, reports, and records received and | 898 |
maintained by the board pursuant to this section shall be held in | 899 |
confidence and shall not be subject to discovery or introduction | 900 |
in evidence in any federal or state civil action involving a | 901 |
health care professional or facility arising out of matters that | 902 |
are the subject of the reporting required by this section. The | 903 |
board may use the information obtained only as the basis for an | 904 |
investigation, as evidence in a disciplinary hearing against an | 905 |
individual whose practice is regulated under this chapter, or in | 906 |
any subsequent trial or appeal of a board action or order. | 907 |
The board may disclose the summaries and reports it receives | 908 |
under this section only to health care facility committees within | 909 |
or outside this state that are involved in credentialing or | 910 |
recredentialing the individual or in reviewing the individual's | 911 |
clinical privileges. The board shall indicate whether or not the | 912 |
information has been verified. Information transmitted by the | 913 |
board shall be subject to the same confidentiality provisions as | 914 |
when maintained by the board. | 915 |
(G) Except for reports filed by an individual pursuant to | 916 |
division (B) of this section, the board shall send a copy of any | 917 |
reports or summaries it receives pursuant to this section to the | 918 |
individual who is the subject of the reports or summaries. The | 919 |
individual shall have the right to file a statement with the board | 920 |
concerning the correctness or relevance of the information. The | 921 |
statement shall at all times accompany that part of the record in | 922 |
contention. | 923 |
(H) An individual or entity that, pursuant to this section, | 924 |
reports to the board or refers an impaired practitioner to a | 925 |
treatment provider approved by the board under section 4731.25 of | 926 |
the Revised Code shall not be subject to suit for civil damages as | 927 |
a result of the report, referral, or provision of the information. | 928 |
(I) In the absence of fraud or bad faith, no professional | 929 |
association or society of individuals authorized to practice under | 930 |
this chapter that sponsors a committee or program to provide peer | 931 |
assistance to practitioners with substance abuse problems, no | 932 |
representative or agent of such a committee or program, and no | 933 |
member of the state medical board shall be held liable in damages | 934 |
to any person by reason of actions taken to refer a practitioner | 935 |
to a treatment provider approved under section 4731.25 of the | 936 |
Revised Code for examination or treatment. | 937 |
Sec. 4731.24. Except as provided in sections 4731.281 and | 938 |
4731.40 of the Revised Code, all receipts of the state medical | 939 |
board, from any source, shall be deposited in the state treasury. | 940 |
Until July 1, 1998, the funds shall be deposited to the credit of | 941 |
the occupational licensing and regulatory fund. On and after July | 942 |
1, 1998, the funds shall be deposited to the credit of the state | 943 |
medical board operating fund, which is hereby created on July 1, | 944 |
1998. All funds deposited into the state treasury under this | 945 |
section shall be used solely for the administration and | 946 |
enforcement of this chapter and Chapters 4730., 4760., 4762.,
| 947 |
4774., and 4778. of the Revised Code by the board. | 948 |
Sec. 4731.25. The state medical board, in accordance with | 949 |
Chapter 119. of the Revised Code, shall adopt and may amend and | 950 |
rescind rules establishing standards for approval of physicians | 951 |
and facilities as treatment providers for impaired practitioners | 952 |
who are regulated under this chapter or Chapter 4730., 4760., | 953 |
4762., | 954 |
include standards for both inpatient and outpatient treatment. The | 955 |
rules shall provide that in order to be approved, a treatment | 956 |
provider must have the capability of making an initial examination | 957 |
to determine what type of treatment an impaired practitioner | 958 |
requires. Subject to the rules, the board shall review and approve | 959 |
treatment providers on a regular basis. The board, at its | 960 |
discretion, may withdraw or deny approval subject to the rules. | 961 |
An approved impaired practitioner treatment provider shall: | 962 |
(A) Report to the board the name of any practitioner | 963 |
suffering or showing evidence of suffering impairment as described | 964 |
in division (B)(5) of section 4730.25 of the Revised Code, | 965 |
division (B)(26) of section 4731.22 of the Revised Code, division | 966 |
(B)(6) of section 4760.13 of the Revised Code, division (B)(6) of | 967 |
section 4762.13 of the Revised Code, | 968 |
4774.13 of the Revised Code, or division (B)(6) of section 4778.14 | 969 |
of the Revised Code who fails to comply within one week with a | 970 |
referral for examination; | 971 |
(B) Report to the board the name of any impaired practitioner | 972 |
who fails to enter treatment within forty-eight hours following | 973 |
the provider's determination that the practitioner needs | 974 |
treatment; | 975 |
(C) Require every practitioner who enters treatment to agree | 976 |
to a treatment contract establishing the terms of treatment and | 977 |
aftercare, including any required supervision or restrictions of | 978 |
practice during treatment or aftercare; | 979 |
(D) Require a practitioner to suspend practice upon entry | 980 |
into any required inpatient treatment; | 981 |
(E) Report to the board any failure by an impaired | 982 |
practitioner to comply with the terms of the treatment contract | 983 |
during inpatient or outpatient treatment or aftercare; | 984 |
(F) Report to the board the resumption of practice of any | 985 |
impaired practitioner before the treatment provider has made a | 986 |
clear determination that the practitioner is capable of practicing | 987 |
according to acceptable and prevailing standards of care; | 988 |
(G) Require a practitioner who resumes practice after | 989 |
completion of treatment to comply with an aftercare contract that | 990 |
meets the requirements of rules adopted by the board for approval | 991 |
of treatment providers; | 992 |
(H) Report the identity of any practitioner practicing under | 993 |
the terms of an aftercare contract to hospital administrators, | 994 |
medical chiefs of staff, and chairpersons of impaired practitioner | 995 |
committees of all health care institutions at which the | 996 |
practitioner holds clinical privileges or otherwise practices. If | 997 |
the practitioner does not hold clinical privileges at any health | 998 |
care institution, the treatment provider shall report the | 999 |
practitioner's identity to the impaired practitioner committee of | 1000 |
the county medical society, osteopathic academy, or podiatric | 1001 |
medical association in every county in which the practitioner | 1002 |
practices. If there are no impaired practitioner committees in the | 1003 |
county, the treatment provider shall report the practitioner's | 1004 |
identity to the president or other designated member of the county | 1005 |
medical society, osteopathic academy, or podiatric medical | 1006 |
association. | 1007 |
(I) Report to the board the identity of any practitioner who | 1008 |
suffers a relapse at any time during or following aftercare. | 1009 |
Any individual authorized to practice under this chapter who | 1010 |
enters into treatment by an approved treatment provider shall be | 1011 |
deemed to have waived any confidentiality requirements that would | 1012 |
otherwise prevent the treatment provider from making reports | 1013 |
required under this section. | 1014 |
In the absence of fraud or bad faith, no person or | 1015 |
organization that conducts an approved impaired practitioner | 1016 |
treatment program, no member of such an organization, and no | 1017 |
employee, representative, or agent of the treatment provider shall | 1018 |
be held liable in damages to any person by reason of actions taken | 1019 |
or recommendations made by the treatment provider or its | 1020 |
employees, representatives, or agents. | 1021 |
Sec. 4731.293. (A) The state medical board may issue, | 1022 |
without examination, a | 1023 |
certificate to any person who applies for the certificate and | 1024 |
provides to the board all of the following: | 1025 |
(1) Evidence satisfactory to the board of all of the | 1026 |
following: | 1027 |
(a) That the applicant holds a current, unrestricted license | 1028 |
to practice medicine and surgery or osteopathic medicine and | 1029 |
surgery issued by another state or country | 1030 |
(b) That the applicant has been appointed to serve in this | 1031 |
state on the academic staff of a medical school accredited by the | 1032 |
liaison committee on medical education or an osteopathic medical | 1033 |
school accredited by the American osteopathic association; | 1034 |
(c) That the applicant is an international medical graduate | 1035 |
who holds a medical degree from an educational institution listed | 1036 |
in the international medical education directory. | 1037 |
(2) An affidavit and supporting documentation from the dean | 1038 |
of the medical school or the department director or chairperson of | 1039 |
a teaching hospital affiliated with the school that the applicant | 1040 |
is qualified to perform teaching and research activities and will | 1041 |
be permitted to work only under the authority of the department | 1042 |
director or chairperson of a teaching hospital affiliated with the | 1043 |
medical school where the applicant's teaching and research | 1044 |
activities will occur; | 1045 |
(3) A description from the medical school or teaching | 1046 |
hospital of the scope of practice in which the applicant will be | 1047 |
involved, including the types of teaching, research, and | 1048 |
procedures in which the applicant will be engaged; | 1049 |
(4) A description from the medical school or teaching | 1050 |
hospital of the type and amount of patient contact that will occur | 1051 |
in connection with the applicant's teaching and research | 1052 |
activities. | 1053 |
1054 | |
1055 |
(B) An applicant for | 1056 |
research faculty certificate
| 1057 |
1058 | |
1059 | |
hundred seventy-five dollars.
| 1060 |
1061 |
(C) The holder of a | 1062 |
faculty certificate may practice medicine and surgery or | 1063 |
osteopathic medicine and surgery only as is incidental to the | 1064 |
certificate holder's teaching or research duties at the medical | 1065 |
school or
| 1066 |
school. The board may revoke a certificate on receiving proof | 1067 |
satisfactory to the board that the certificate holder | 1068 |
1069 | |
scope of the certificate or that there are grounds for action | 1070 |
against the certificate holder under section 4731.22 of the | 1071 |
Revised Code. | 1072 |
(D) A | 1073 |
is valid for
| 1074 |
that the certificate ceases to be valid if the holder's | 1075 |
appointment to the academic staff of the school is no longer valid | 1076 |
or the certificate is revoked pursuant to division (C) of this | 1077 |
section. | 1078 |
(E) | 1079 |
1080 | |
1081 | |
1082 | |
1083 | |
1084 | |
a clinical research faculty certificate expires, the board shall | 1085 |
mail or cause to be mailed to the certificate holder a notice of | 1086 |
renewal addressed to the certificate holder's last known address. | 1087 |
Failure of a certificate holder to receive a notice of renewal | 1088 |
from the board shall not excuse the certificate holder from the | 1089 |
requirements contained in this section. The notice shall inform | 1090 |
the certificate holder of the renewal procedure. The notice also | 1091 |
shall inform the certificate holder of the reporting requirement | 1092 |
established by division (H) of section 3701.79 of the Revised | 1093 |
Code. At the discretion of the board, the information may be | 1094 |
included on the application for renewal or on an accompanying | 1095 |
page. | 1096 |
(2) A clinical research faculty certificate may be renewed | 1097 |
for an additional three-year period. There is no limit on the | 1098 |
number of times a certificate may be renewed. A person seeking | 1099 |
renewal of a certificate shall apply to the board. The board shall | 1100 |
provide the application for renewal in a form determined by the | 1101 |
board. | 1102 |
(3) An applicant is eligible for renewal if the applicant | 1103 |
does all of the following: | 1104 |
(a) Pays a renewal fee of three hundred seventy-five dollars; | 1105 |
(b) Reports any criminal offense to which the applicant has | 1106 |
pleaded guilty, of which the applicant has been found guilty, or | 1107 |
for which the applicant has been found eligible for intervention | 1108 |
in lieu of conviction, since last filing an application for a | 1109 |
clinical research faculty certificate; | 1110 |
(c) Provides to the board an affidavit and supporting | 1111 |
documentation from the dean of the medical school or the | 1112 |
department director or chairperson of a teaching hospital | 1113 |
affiliated with the school that the applicant is in compliance | 1114 |
with the applicant's current clinical research faculty | 1115 |
certificate; | 1116 |
(d) Provides evidence satisfactory to the board of all of the | 1117 |
following: | 1118 |
(i) That the applicant continues to maintain a current, | 1119 |
unrestricted license to practice medicine and surgery or | 1120 |
osteopathic medicine and surgery issued by another state or | 1121 |
country; | 1122 |
(ii) That the applicant's initial appointment to serve in | 1123 |
this state on the academic staff of a medical school is still | 1124 |
valid or has been renewed; | 1125 |
(iii) That the applicant has completed one hundred fifty | 1126 |
hours of continuing medical education that meet the requirements | 1127 |
set forth in section 4731.281 of the Revised Code. | 1128 |
(4) Regardless of whether the certificate has expired, a | 1129 |
person who was granted a visiting medical faculty certificate | 1130 |
under this section as it existed immediately prior to the | 1131 |
effective date of this amendment may apply for a clinical research | 1132 |
faculty certificate as a renewal. The board may issue the clinical | 1133 |
research faculty certificate if the applicant meets the | 1134 |
requirements of division (E)(3) of this section. The board may not | 1135 |
issue a clinical research faculty certificate if the visiting | 1136 |
medical faculty certificate was revoked. | 1137 |
(F) The board shall maintain a register of all persons who | 1138 |
hold clinical research faculty certificates. | 1139 |
(G) The board may adopt any rules it considers necessary to | 1140 |
implement this section. The rules shall be adopted in accordance | 1141 |
with Chapter 119. of the Revised Code. | 1142 |
Sec. 4731.297. (A) The state medical board shall issue, | 1143 |
without examination, to an applicant who meets the requirements of | 1144 |
this section a visiting clinical professional development | 1145 |
certificate authorizing the practice of medicine and surgery or | 1146 |
osteopathic medicine and surgery as part of the applicant's | 1147 |
participation in a clinical professional development program. | 1148 |
(B) To be eligible for a visiting clinical professional | 1149 |
development certificate, an applicant shall provide to the board | 1150 |
both of the following: | 1151 |
(1) Documentation satisfactory to the board of all of the | 1152 |
following: | 1153 |
(a) Verification from the school or hospital conducting the | 1154 |
program that the applicant has sufficient financial resources to | 1155 |
support the applicant and any dependents based on the cost of | 1156 |
living in the geographic area of the school or hospital conducting | 1157 |
the program, including room, board, transportation, and related | 1158 |
living expenses; | 1159 |
(b) Valid health and evacuation insurance for the duration of | 1160 |
the applicant's stay in the United States; | 1161 |
(c) Professional liability insurance provided by the program | 1162 |
or the school or hospital conducting the program for the duration | 1163 |
of the applicant's participation in the program; | 1164 |
(d) Proficiency in spoken English as demonstrated by passing | 1165 |
the examination described in section 4731.142 of the Revised Code; | 1166 |
(e) A description from the school or hospital conducting the | 1167 |
program of the scope of medical or surgical activities permitted | 1168 |
during the applicant's participation in the program that includes | 1169 |
all of the following: | 1170 |
(i) The type of practice in which the applicant will be | 1171 |
involved; | 1172 |
(ii) The type of patient contact that will occur; | 1173 |
(iii) The type of supervision the applicant will experience; | 1174 |
(iv) A list of procedures the applicant will learn; | 1175 |
(v) A list of any patient-based research projects in which | 1176 |
the applicant will be involved; | 1177 |
(vi) Whether the applicant will act as a consultant to a | 1178 |
person who holds a certificate to practice medicine and surgery or | 1179 |
osteopathic medicine and surgery issued under this chapter; | 1180 |
(vii) Any other details of the applicant's participation in | 1181 |
the program. | 1182 |
(f) A statement from the school or hospital conducting the | 1183 |
program regarding why the applicant needs advanced training and | 1184 |
the benefits to the applicant's home country of the applicant | 1185 |
receiving the training. | 1186 |
(2) Evidence satisfactory to the board that the applicant | 1187 |
meets all of the following requirements: | 1188 |
(a) Has been accepted for participation in a clinical | 1189 |
professional development program of a medical school or | 1190 |
osteopathic medical school in this state that is accredited by the | 1191 |
liaison committee on medical education or the American osteopathic | 1192 |
association or of a teaching hospital affiliated with such a | 1193 |
medical school; | 1194 |
(b) Is an international medical graduate who holds a medical | 1195 |
degree from an educational institution listed in the international | 1196 |
medical education directory; | 1197 |
(c) Has practiced medicine and surgery or osteopathic | 1198 |
medicine and surgery for at least five years after completing | 1199 |
graduate medical education, including postgraduate residency and | 1200 |
advanced training; | 1201 |
(d) Has credentials that are primary-source verified by the | 1202 |
educational commission for foreign medical graduates or the | 1203 |
federation credentials verification service; | 1204 |
(e) Holds a current, unrestricted license to practice | 1205 |
medicine and surgery or osteopathic medicine and surgery issued in | 1206 |
another country; | 1207 |
(f) Agrees to comply with all state and federal laws | 1208 |
regarding health, health care, and patient privacy; | 1209 |
(g) Agrees to return to the applicant's home state or country | 1210 |
at the conclusion of the clinical professional development | 1211 |
program. | 1212 |
(C) The applicant shall pay a fee of three hundred | 1213 |
seventy-five dollars. The board shall maintain a register of all | 1214 |
persons who hold visiting clinical professional development | 1215 |
certificates. | 1216 |
(D) The holder of a visiting clinical professional | 1217 |
development certificate may practice medicine and surgery or | 1218 |
osteopathic medicine and surgery only as part of the clinical | 1219 |
professional development program in which the certificate holder | 1220 |
participates. The certificate holder's practice must be under the | 1221 |
direct supervision of a qualified faculty member of the medical | 1222 |
school, osteopathic medical school, or teaching hospital | 1223 |
conducting the program who holds a certificate to practice | 1224 |
medicine and surgery or osteopathic medicine and surgery issued | 1225 |
under this chapter. | 1226 |
The program in which the certificate holder participates | 1227 |
shall ensure that the certificate holder does not do any of the | 1228 |
following: | 1229 |
(1) Write orders or prescribe medication; | 1230 |
(2) Bill for services performed; | 1231 |
(3) Occupy a residency or fellowship position approved by the | 1232 |
accreditation council for graduate medical education; | 1233 |
(4) Attempt to have participation in a clinical professional | 1234 |
development program pursuant to this section counted toward | 1235 |
meeting the graduate medical education requirements specified in | 1236 |
section 4731.091 of the Revised Code. | 1237 |
(E) The board may revoke a certificate issued under this | 1238 |
section on receiving proof satisfactory to the board that the | 1239 |
certificate holder has engaged in practice in this state outside | 1240 |
the scope of the certificate or that there are grounds for action | 1241 |
against the certificate holder under section 4731.22 of the | 1242 |
Revised Code. | 1243 |
(F) A visiting clinical professional development certificate | 1244 |
is valid for the shorter of one year or the duration of the | 1245 |
program in which the holder is participating. The certificate | 1246 |
ceases to be valid if the holder resigns or is otherwise | 1247 |
terminated from the program. The certificate may not be extended. | 1248 |
(G) The program in which a certificate holder participates | 1249 |
shall obtain from each patient or patient's parent or legal | 1250 |
guardian written consent to any medical or surgical procedure or | 1251 |
course of procedures in which the certificate holder participates. | 1252 |
(H) The board may adopt any rules it considers necessary to | 1253 |
implement this section. The rules shall be adopted in accordance | 1254 |
with Chapter 119. of the Revised Code. | 1255 |
Sec. 4778.01. As used in this chapter: | 1256 |
(A) "American board of genetic counseling" means the | 1257 |
organization known by that name, its successor organization, or an | 1258 |
equivalent organization recognized by the state medical board. | 1259 |
(B) "American board of medical genetics" means the | 1260 |
organization known by that name, its successor organization, or an | 1261 |
equivalent organization recognized by the state medical board. | 1262 |
(C) "Certified genetic counselor" means either of the | 1263 |
following: | 1264 |
(1) An individual who possesses the certified genetic | 1265 |
counselor credential from the American board of genetic | 1266 |
counseling; | 1267 |
(2) An individual who is a diplomate of the American board of | 1268 |
medical genetics. | 1269 |
(D) "Collaborating physician" means a physician who has | 1270 |
entered into a collaborative agreement with a genetic counselor | 1271 |
under division (B) of section 4778.11 of the Revised Code. | 1272 |
(E) "Collaborative agreement" means the document that is | 1273 |
established under division (B) of section 4778.11 of the Revised | 1274 |
Code by a genetic counselor and the genetic counselor's | 1275 |
collaborating physician. | 1276 |
(F) "Genetic counselor" means an individual who engages in | 1277 |
any of the activities authorized under section 4778.11 of the | 1278 |
Revised Code. | 1279 |
(G) "National society of genetic counselors" means the | 1280 |
organization known by that name, its successor organization, or an | 1281 |
equivalent organization recognized by the state medical board. | 1282 |
(H) "Physician" means an individual authorized under Chapter | 1283 |
4731. of the Revised Code to practice medicine and surgery or | 1284 |
osteopathic medicine and surgery. | 1285 |
Sec. 4778.02. (A)(1) Except as provided in division (B) of | 1286 |
this section, no person shall practice as a genetic counselor | 1287 |
unless the person holds a current, valid license to practice as a | 1288 |
genetic counselor issued under this chapter. | 1289 |
(2) No person shall use the title "genetic counselor," or | 1290 |
otherwise hold the person out as a genetic counselor, unless the | 1291 |
person holds a current, valid license to practice as a genetic | 1292 |
counselor issued under this chapter. | 1293 |
(B) Division (A)(1) of this section does not apply to either | 1294 |
of the following: | 1295 |
(1) A student performing an activity as part of a genetic | 1296 |
counseling graduate program described in division (B)(2) of | 1297 |
section 4778.03 of the Revised Code; | 1298 |
(2) A person who is authorized pursuant to another provision | 1299 |
of the Revised Code to perform any of the activities that a | 1300 |
genetic counselor is authorized to perform. | 1301 |
Sec. 4778.03. (A) An individual seeking a license to | 1302 |
practice as a genetic counselor shall file with the state medical | 1303 |
board an application in a manner prescribed by the board. The | 1304 |
application shall include all the information the board considers | 1305 |
necessary to process the application, including evidence | 1306 |
satisfactory to the board that the applicant meets the | 1307 |
requirements specified in division (B) of this section. | 1308 |
At the time an application is submitted, the applicant shall | 1309 |
pay the board an application fee of two hundred dollars. No part | 1310 |
of the fee shall be returned to the applicant or transferred for | 1311 |
purposes of another application. | 1312 |
(B) To be eligible to receive a license to practice as a | 1313 |
genetic counselor, an applicant shall demonstrate to the board | 1314 |
that the applicant meets all of the following requirements: | 1315 |
(1) Is at least eighteen years of age and of good moral | 1316 |
character; | 1317 |
(2) Has attained a master's degree or higher degree from a | 1318 |
genetic counseling graduate program accredited by the American | 1319 |
board of genetic counseling, inc.; | 1320 |
(3) Is a certified genetic counselor; | 1321 |
(4) Has satisfied any other requirements established by the | 1322 |
board in rules adopted under section 4778.12 of the Revised Code. | 1323 |
(C) The board shall review all applications received under | 1324 |
this section. Not later than sixty days after receiving an | 1325 |
application it considers complete, the board shall determine | 1326 |
whether the applicant meets the requirements for a license to | 1327 |
practice as a genetic counselor. The affirmative vote of not fewer | 1328 |
than six members of the board is required to determine that the | 1329 |
applicant meets the requirements for the license. | 1330 |
Sec. 4778.04. In addition to any other eligibility | 1331 |
requirement set forth in this chapter, each applicant for a | 1332 |
license to practice as a genetic counselor shall comply with | 1333 |
sections 4776.01 to 4776.04 of the Revised Code. The state medical | 1334 |
board shall not grant to an applicant a license to practice as a | 1335 |
genetic counselor unless the board, in its discretion, decides | 1336 |
that the results of the criminal records check do not make the | 1337 |
applicant ineligible for a license issued pursuant to section | 1338 |
4778.05 of the Revised Code. | 1339 |
Sec. 4778.05. If the state medical board determines under | 1340 |
section 4778.03 of the Revised Code that an applicant meets the | 1341 |
requirements for a license to practice as a genetic counselor, the | 1342 |
secretary of the board shall issue the license to the applicant. | 1343 |
The license shall expire biennially and may be renewed in | 1344 |
accordance with section 4778.06 of the Revised Code. | 1345 |
Sec. 4778.06. (A) An individual seeking to renew a license to | 1346 |
practice as a genetic counselor shall, on or before the | 1347 |
thirty-first day of January of each even-numbered year, apply for | 1348 |
renewal of the license. The state medical board shall send renewal | 1349 |
notices at least one month prior to the expiration date. | 1350 |
Renewal applications shall be submitted to the board in a | 1351 |
manner prescribed by the board. Each application shall be | 1352 |
accompanied by a biennial renewal fee of one hundred fifty | 1353 |
dollars. | 1354 |
The applicant shall report any criminal offense to which the | 1355 |
applicant has pleaded guilty, of which the applicant has been | 1356 |
found guilty, or for which the applicant has been found eligible | 1357 |
for intervention in lieu of conviction, since last signing an | 1358 |
application for a license to practice as a genetic counselor. | 1359 |
(B) To be eligible for renewal, a genetic counselor shall | 1360 |
certify to the board that the counselor has done both of the | 1361 |
following: | 1362 |
(1) Maintained the counselor's status as a certified genetic | 1363 |
counselor; | 1364 |
(2) Completed at least thirty hours of continuing education | 1365 |
in genetic counseling that has been approved by the national | 1366 |
society of genetic counselors or American board of genetic | 1367 |
counseling. | 1368 |
(C) If an applicant submits a renewal application that the | 1369 |
board considers to be complete and qualifies for renewal pursuant | 1370 |
to division (B) of this section, the board shall issue to the | 1371 |
applicant a renewed license to practice as a genetic counselor. | 1372 |
(D) The board may require a random sample of genetic | 1373 |
counselors to submit materials documenting that their status as | 1374 |
certified genetic counselors has been maintained and that the | 1375 |
number of hours of continuing education required under division | 1376 |
(B)(2) of this section has been completed. | 1377 |
If a genetic counselor certifies that the genetic counselor | 1378 |
has completed the number of hours and type of continuing education | 1379 |
required for renewal of a license, and the board finds through the | 1380 |
random sample or any other means that the genetic counselor did | 1381 |
not complete the requisite continuing education, the board may | 1382 |
impose a civil penalty of not more than five thousand dollars. The | 1383 |
board's finding shall be made pursuant to an adjudication under | 1384 |
Chapter 119. of the Revised Code and by an affirmative vote of not | 1385 |
fewer than six members. A civil penalty imposed under this | 1386 |
division may be in addition to or in lieu of any other action the | 1387 |
board may take under section 4778.14 of the Revised Code. | 1388 |
Sec. 4778.07. (A) A license to practice as a genetic | 1389 |
counselor issued under section 4778.05 of the Revised Code that is | 1390 |
not renewed on or before its expiration date is automatically | 1391 |
suspended on its expiration date. Continued practice after | 1392 |
suspension shall be considered as practicing in violation of | 1393 |
section 4778.02 of the Revised Code. | 1394 |
(B) If a license has been suspended pursuant to this section | 1395 |
for two years or less, the board shall reinstate the license upon | 1396 |
an applicant's submission of a complete renewal application, the | 1397 |
biennial renewal fee, and a monetary penalty of twenty-five | 1398 |
dollars. | 1399 |
(C)(1) If a license has been suspended pursuant to this | 1400 |
section for more than two years, it may be restored upon an | 1401 |
applicant's submission of a complete restoration application, the | 1402 |
biennial renewal fee, and a monetary penalty of fifty dollars and | 1403 |
compliance with sections 4776.01 to 4776.04 of the Revised Code. | 1404 |
The board shall not restore a license unless the board, in its | 1405 |
discretion, decides that the results of the criminal records check | 1406 |
do not make the applicant ineligible for a license issued pursuant | 1407 |
to section 4778.05 of the Revised Code. | 1408 |
(2) The board may impose terms and conditions for the | 1409 |
restoration, including the following: | 1410 |
(a) Requiring the applicant to pass an oral or written | 1411 |
examination, or both, to determine the applicant's present fitness | 1412 |
to resume practice; | 1413 |
(b) Requiring the applicant to obtain additional training and | 1414 |
to pass an examination upon completion of such training; | 1415 |
(c) Restricting or limiting the extent, scope, or type of | 1416 |
practice of the applicant. | 1417 |
Sec. 4778.08. (A) The state medical board may issue to an | 1418 |
applicant under section 4778.03 of the Revised Code a license to | 1419 |
practice as a genetic counselor, designated as a supervised | 1420 |
practice license, if both of the following apply: | 1421 |
(1) The applicant meets the requirements specified in section | 1422 |
4778.03 of the Revised Code other than being a certified genetic | 1423 |
counselor; | 1424 |
(2) The applicant is in active candidate status with the | 1425 |
American board of genetic counseling. | 1426 |
(B) A supervised practice license authorizes the holder to | 1427 |
engage in the activities authorized by section 4778.11 of the | 1428 |
Revised Code while the holder is under the general supervision of | 1429 |
a genetic counselor licensed under section 4778.05 of the Revised | 1430 |
Code or a physician. General supervision does not require the | 1431 |
supervising licensed genetic counselor or physician to be present | 1432 |
while the holder engages in such activities, but does require the | 1433 |
licensed genetic counselor or physician to have professional | 1434 |
responsibility for the holder and be readily accessible to the | 1435 |
holder for professional consultation and assistance. | 1436 |
A supervised practice license is valid from the date of | 1437 |
issuance until the earlier of one year from that date or the date | 1438 |
a license is issued under section 4778.05 of the Revised Code. A | 1439 |
supervised practice license may not be renewed. | 1440 |
Sec. 4778.09. (A) The state medical board may issue a license | 1441 |
to practice as a genetic counselor, designated as a special | 1442 |
activity license, to an individual from another state seeking to | 1443 |
practice in this state genetic counseling associated with a rare | 1444 |
disease. | 1445 |
(B) An applicant for a special activity license shall submit | 1446 |
to the board all of the following information: | 1447 |
(1) Evidence that the applicant holds a current, unrestricted | 1448 |
license to practice genetic counseling issued by another state or, | 1449 |
if the applicant practices genetic counseling in another state | 1450 |
that does not license genetic counselors, evidence that the | 1451 |
applicant is a certified genetic counselor; | 1452 |
(2) Evidence that the applicant has actively practiced | 1453 |
genetic counseling within the two-year period immediately | 1454 |
preceding application; | 1455 |
(3) The name of the applicant's sponsoring institution or | 1456 |
organization, a statement of need for genetic counseling from the | 1457 |
sponsoring institution or organization, and the name of the rare | 1458 |
disease for which the applicant will be practicing genetic | 1459 |
counseling in this state. | 1460 |
(C) At the time an application is submitted, the applicant | 1461 |
shall pay a fee of twenty-five dollars. No part of the fee shall | 1462 |
be returned to the applicant or transferred for purposes of | 1463 |
another application. | 1464 |
(D) A special activity license is valid for the shorter of | 1465 |
thirty days or the duration of the genetic counseling associated | 1466 |
with the rare disease for which the license was issued. The | 1467 |
license may not be renewed. | 1468 |
(E) The holder of a special activity license may practice | 1469 |
genetic counseling only to the extent that it is associated with | 1470 |
the rare disease for which the license was issued. The license | 1471 |
holder shall not bill a patient or any third party payer for | 1472 |
genetic counseling provided in this state. | 1473 |
(F) The board may revoke a special activity license on | 1474 |
receiving proof satisfactory to the board that the holder of the | 1475 |
license has engaged in practice in this state outside the scope of | 1476 |
the license or that there are grounds for action against the | 1477 |
license holder under section 4778.14 of the Revised Code. | 1478 |
Sec. 4778.10. On application by the holder of a license to | 1479 |
practice as a genetic counselor, the state medical board shall | 1480 |
issue a duplicate license to replace one that is missing or | 1481 |
damaged, to reflect a name change, or for any other reasonable | 1482 |
cause. The fee for a duplicate license is thirty-five dollars. | 1483 |
Sec. 4778.11. (A) An individual who holds a valid license to | 1484 |
practice as a genetic counselor may engage in all of the following | 1485 |
activities: | 1486 |
(1) Obtain and evaluate the medical histories of a patient | 1487 |
and the patient's family members to determine the risk for genetic | 1488 |
or medical conditions and diseases in the patient, the patient's | 1489 |
offspring, or the patient's family members; | 1490 |
(2) Discuss with a patient and the patient's family the | 1491 |
features, natural history, means of diagnosis, genetic and | 1492 |
environmental factors, and management of risk for genetic or | 1493 |
medical conditions and diseases; | 1494 |
(3) Identify and coordinate genetic laboratory tests and | 1495 |
other diagnostic studies as appropriate for genetic assessment; | 1496 |
(4) Integrate the results of genetic laboratory tests and | 1497 |
other diagnostic tests with individual and family medical | 1498 |
histories; | 1499 |
(5) Explain to a patient and the patient's family the | 1500 |
clinical implications of the results of genetic laboratory tests | 1501 |
and other diagnostic tests; | 1502 |
(6) Evaluate the response of a patient or the patient's | 1503 |
family members to one or more genetic conditions or the risk of | 1504 |
reoccurrence and provide patient-centered counseling and guidance; | 1505 |
(7) Identify and use community resources that provide | 1506 |
medical, educational, financial, and psychosocial support and | 1507 |
advocacy; | 1508 |
(8) Provide medical, genetic, and counseling information to | 1509 |
patients, their families, and other health care professionals; | 1510 |
(9) Pursuant to a collaborative agreement, perform the | 1511 |
activities specified in division (B) of this section. | 1512 |
(B) A genetic counselor may enter into a collaborative | 1513 |
agreement with a physician who agrees to work with and provide | 1514 |
medical support to the genetic counselor. The agreement shall be | 1515 |
established as a written, formal document that memorializes the | 1516 |
relationship between the genetic counselor and the physician and | 1517 |
establishes the criteria governing the genetic counselor's | 1518 |
performance of both of the following: | 1519 |
(1) Order genetic or other tests for the purpose of | 1520 |
diagnosing a medical condition or inherited disorder or | 1521 |
determining the carrier status of one or more of the patient's | 1522 |
family members; | 1523 |
(2) Select the most appropriate, accurate, and cost-effective | 1524 |
methods of diagnosis. | 1525 |
Sec. 4778.12. The state medical board shall adopt rules in | 1526 |
accordance with Chapter 119. of the Revised Code to implement and | 1527 |
administer this chapter. The rules shall include the following: | 1528 |
(A) Any standards and procedures not addressed in this | 1529 |
chapter that the board considers necessary for issuing and | 1530 |
renewing licenses under this chapter; | 1531 |
(B) Any standards and procedures the board considers | 1532 |
necessary to govern the practice of genetic counselors, the | 1533 |
collaborative agreements between genetic counselors and | 1534 |
collaborating physicians, and the supervision of genetic | 1535 |
counselors holding supervised practice licenses; | 1536 |
(C) Any other standards and procedures the board considers | 1537 |
necessary for the administration and enforcement of this chapter. | 1538 |
Sec. 4778.14. (A) The state medical board, by an affirmative | 1539 |
vote of not fewer than six members, may revoke or may refuse to | 1540 |
grant a license to practice as a genetic counselor to an | 1541 |
individual found by the board to have committed fraud, | 1542 |
misrepresentation, or deception in applying for or securing the | 1543 |
license. | 1544 |
(B) The board, by an affirmative vote of not fewer than six | 1545 |
members, shall, to the extent permitted by law, limit, revoke, or | 1546 |
suspend an individual's license to practice as a genetic | 1547 |
counselor, refuse to issue a license to an applicant, refuse to | 1548 |
reinstate a license, or reprimand or place on probation the holder | 1549 |
of a license for any of the following reasons: | 1550 |
(1) Permitting the holder's name or license to be used by | 1551 |
another person; | 1552 |
(2) Failure to comply with the requirements of this chapter, | 1553 |
Chapter 4731. of the Revised Code, or any rules adopted by the | 1554 |
board; | 1555 |
(3) Violating or attempting to violate, directly or | 1556 |
indirectly, or assisting in or abetting the violation of, or | 1557 |
conspiring to violate, any provision of this chapter, Chapter | 1558 |
4731. of the Revised Code, or the rules adopted by the board; | 1559 |
(4) A departure from, or failure to conform to, minimal | 1560 |
standards of care of similar practitioners under the same or | 1561 |
similar circumstances whether or not actual injury to the patient | 1562 |
is established; | 1563 |
(5) Inability to practice according to acceptable and | 1564 |
prevailing standards of care by reason of mental illness or | 1565 |
physical illness, including physical deterioration that adversely | 1566 |
affects cognitive, motor, or perceptive skills; | 1567 |
(6) Impairment of ability to practice according to acceptable | 1568 |
and prevailing standards of care because of habitual or excessive | 1569 |
use or abuse of drugs, alcohol, or other substances that impair | 1570 |
ability to practice; | 1571 |
(7) Willfully betraying a professional confidence; | 1572 |
(8) Making a false, fraudulent, deceptive, or misleading | 1573 |
statement in securing or attempting to secure a license to | 1574 |
practice as a genetic counselor. | 1575 |
As used in this division, "false, fraudulent, deceptive, or | 1576 |
misleading statement" means a statement that includes a | 1577 |
misrepresentation of fact, is likely to mislead or deceive because | 1578 |
of a failure to disclose material facts, is intended or is likely | 1579 |
to create false or unjustified expectations of favorable results, | 1580 |
or includes representations or implications that in reasonable | 1581 |
probability will cause an ordinarily prudent person to | 1582 |
misunderstand or be deceived. | 1583 |
(9) The obtaining of, or attempting to obtain, money or a | 1584 |
thing of value by fraudulent misrepresentations in the course of | 1585 |
practice; | 1586 |
(10) A plea of guilty to, a judicial finding of guilt of, or | 1587 |
a judicial finding of eligibility for intervention in lieu of | 1588 |
conviction for, a felony; | 1589 |
(11) Commission of an act that constitutes a felony in this | 1590 |
state, regardless of the jurisdiction in which the act was | 1591 |
committed; | 1592 |
(12) A plea of guilty to, a judicial finding of guilt of, or | 1593 |
a judicial finding of eligibility for intervention in lieu of | 1594 |
conviction for, a misdemeanor committed in the course of practice; | 1595 |
(13) A plea of guilty to, a judicial finding of guilt of, or | 1596 |
a judicial finding of eligibility for intervention in lieu of | 1597 |
conviction for, a misdemeanor involving moral turpitude; | 1598 |
(14) Commission of an act in the course of practice that | 1599 |
constitutes a misdemeanor in this state, regardless of the | 1600 |
jurisdiction in which the act was committed; | 1601 |
(15) Commission of an act involving moral turpitude that | 1602 |
constitutes a misdemeanor in this state, regardless of the | 1603 |
jurisdiction in which the act was committed; | 1604 |
(16) A plea of guilty to, a judicial finding of guilt of, or | 1605 |
a judicial finding of eligibility for intervention in lieu of | 1606 |
conviction for violating any state or federal law regulating the | 1607 |
possession, distribution, or use of any drug, including | 1608 |
trafficking in drugs; | 1609 |
(17) Any of the following actions taken by an agency | 1610 |
responsible for authorizing, certifying, or regulating an | 1611 |
individual to practice a health care occupation or provide health | 1612 |
care services in this state or in another jurisdiction, for any | 1613 |
reason other than the nonpayment of fees: the limitation, | 1614 |
revocation, or suspension of an individual's license to practice; | 1615 |
acceptance of an individual's license surrender; denial of a | 1616 |
license; refusal to renew or reinstate a license; imposition of | 1617 |
probation; or issuance of an order of censure or other reprimand; | 1618 |
(18) Violation of the conditions placed by the board on a | 1619 |
license to practice as a genetic counselor; | 1620 |
(19) Failure to cooperate in an investigation conducted by | 1621 |
the board under section 4778.18 of the Revised Code, including | 1622 |
failure to comply with a subpoena or order issued by the board or | 1623 |
failure to answer truthfully a question presented by the board at | 1624 |
a deposition or in written interrogatories, except that failure to | 1625 |
cooperate with an investigation shall not constitute grounds for | 1626 |
discipline under this section if a court of competent jurisdiction | 1627 |
has issued an order that either quashes a subpoena or permits the | 1628 |
individual to withhold the testimony or evidence in issue; | 1629 |
(20) Failure to maintain the individual's status as a | 1630 |
certified genetic counselor; | 1631 |
(21) Failure to comply with the code of ethics established by | 1632 |
the national society of genetic counselors. | 1633 |
(C) Disciplinary actions taken by the board under divisions | 1634 |
(A) and (B) of this section shall be taken pursuant to an | 1635 |
adjudication under Chapter 119. of the Revised Code, except that | 1636 |
in lieu of an adjudication, the board may enter into a consent | 1637 |
agreement with a genetic counselor or applicant to resolve an | 1638 |
allegation of a violation of this chapter or any rule adopted | 1639 |
under it. A consent agreement, when ratified by an affirmative | 1640 |
vote of not fewer than six members of the board, shall constitute | 1641 |
the findings and order of the board with respect to the matter | 1642 |
addressed in the agreement. If the board refuses to ratify a | 1643 |
consent agreement, the admissions and findings contained in the | 1644 |
consent agreement shall be of no force or effect. | 1645 |
A telephone conference call may be utilized for ratification | 1646 |
of a consent agreement that revokes or suspends an individual's | 1647 |
license. The telephone conference call shall be considered a | 1648 |
special meeting under division (F) of section 121.22 of the | 1649 |
Revised Code. | 1650 |
(D) For purposes of divisions (B)(11), (14), and (15) of this | 1651 |
section, the commission of the act may be established by a finding | 1652 |
by the board, pursuant to an adjudication under Chapter 119. of | 1653 |
the Revised Code, that the applicant or license holder committed | 1654 |
the act in question. The board shall have no jurisdiction under | 1655 |
these divisions in cases where the trial court renders a final | 1656 |
judgment in the license holder's favor and that judgment is based | 1657 |
upon an adjudication on the merits. The board shall have | 1658 |
jurisdiction under these divisions in cases where the trial court | 1659 |
issues an order of dismissal on technical or procedural grounds. | 1660 |
(E) The sealing of conviction records by any court shall have | 1661 |
no effect on a prior board order entered under the provisions of | 1662 |
this section or on the board's jurisdiction to take action under | 1663 |
the provisions of this section if, based upon a plea of guilty, a | 1664 |
judicial finding of guilt, or a judicial finding of eligibility | 1665 |
for intervention in lieu of conviction, the board issued a notice | 1666 |
of opportunity for a hearing or took other formal action under | 1667 |
Chapter 119. of the Revised Code prior to the court's order to | 1668 |
seal the records. The board shall not be required to seal, | 1669 |
destroy, redact, or otherwise modify its records to reflect the | 1670 |
court's sealing of conviction records. | 1671 |
(F) For purposes of this division, any individual who holds a | 1672 |
license to practice as a genetic counselor, or applies for a | 1673 |
license, shall be deemed to have given consent to submit to a | 1674 |
mental or physical examination when directed to do so in writing | 1675 |
by the board and to have waived all objections to the | 1676 |
admissibility of testimony or examination reports that constitute | 1677 |
a privileged communication. | 1678 |
(1) In enforcing division (B)(5) of this section, the board, | 1679 |
on a showing of a possible violation, may compel any individual | 1680 |
who holds a license to practice as a genetic counselor or who has | 1681 |
applied for a license to practice as a genetic counselor to submit | 1682 |
to a mental or physical examination, or both. A physical | 1683 |
examination may include an HIV test. The expense of the | 1684 |
examination is the responsibility of the individual compelled to | 1685 |
be examined. Failure to submit to a mental or physical examination | 1686 |
or consent to an HIV test ordered by the board constitutes an | 1687 |
admission of the allegations against the individual unless the | 1688 |
failure is due to circumstances beyond the individual's control, | 1689 |
and a default and final order may be entered without the taking of | 1690 |
testimony or presentation of evidence. If the board finds a | 1691 |
genetic counselor unable to practice because of the reasons set | 1692 |
forth in division (B)(5) of this section, the board shall require | 1693 |
the genetic counselor to submit to care, counseling, or treatment | 1694 |
by physicians approved or designated by the board, as a condition | 1695 |
for an initial, continued, reinstated, or renewed license to | 1696 |
practice. An individual affected by this division shall be | 1697 |
afforded an opportunity to demonstrate to the board the ability to | 1698 |
resume practicing in compliance with acceptable and prevailing | 1699 |
standards of care. | 1700 |
(2) For purposes of division (B)(6) of this section, if the | 1701 |
board has reason to believe that any individual who holds a | 1702 |
license to practice as a genetic counselor or any applicant for a | 1703 |
license suffers such impairment, the board may compel the | 1704 |
individual to submit to a mental or physical examination, or both. | 1705 |
The expense of the examination is the responsibility of the | 1706 |
individual compelled to be examined. Any mental or physical | 1707 |
examination required under this division shall be undertaken by a | 1708 |
treatment provider or physician qualified to conduct such | 1709 |
examination and chosen by the board. | 1710 |
Failure to submit to a mental or physical examination ordered | 1711 |
by the board constitutes an admission of the allegations against | 1712 |
the individual unless the failure is due to circumstances beyond | 1713 |
the individual's control, and a default and final order may be | 1714 |
entered without the taking of testimony or presentation of | 1715 |
evidence. If the board determines that the individual's ability to | 1716 |
practice is impaired, the board shall suspend the individual's | 1717 |
license or deny the individual's application and shall require the | 1718 |
individual, as a condition for an initial, continued, reinstated, | 1719 |
or renewed license, to submit to treatment. | 1720 |
Before being eligible to apply for reinstatement of a license | 1721 |
suspended under this division, the genetic counselor shall | 1722 |
demonstrate to the board the ability to resume practice in | 1723 |
compliance with acceptable and prevailing standards of care. The | 1724 |
demonstration shall include the following: | 1725 |
(a) Certification from a treatment provider approved under | 1726 |
section 4731.25 of the Revised Code that the individual has | 1727 |
successfully completed any required inpatient treatment; | 1728 |
(b) Evidence of continuing full compliance with an aftercare | 1729 |
contract or consent agreement; | 1730 |
(c) Two written reports indicating that the individual's | 1731 |
ability to practice has been assessed and that the individual has | 1732 |
been found capable of practicing according to acceptable and | 1733 |
prevailing standards of care. The reports shall be made by | 1734 |
individuals or providers approved by the board for making such | 1735 |
assessments and shall describe the basis for their determination. | 1736 |
The board may reinstate a license suspended under this | 1737 |
division after such demonstration and after the individual has | 1738 |
entered into a written consent agreement. | 1739 |
When the impaired genetic counselor resumes practice, the | 1740 |
board shall require continued monitoring of the genetic counselor. | 1741 |
The monitoring shall include monitoring of compliance with the | 1742 |
written consent agreement entered into before reinstatement or | 1743 |
with conditions imposed by board order after a hearing, and, on | 1744 |
termination of the consent agreement, submission to the board for | 1745 |
at least two years of annual written progress reports made under | 1746 |
penalty of falsification stating whether the genetic counselor has | 1747 |
maintained sobriety. | 1748 |
(G) If the secretary and supervising member determine both of | 1749 |
the following, they may recommend that the board suspend an | 1750 |
individual's license to practice without a prior hearing: | 1751 |
(1) That there is clear and convincing evidence that a | 1752 |
genetic counselor has violated division (B) of this section; | 1753 |
(2) That the individual's continued practice presents a | 1754 |
danger of immediate and serious harm to the public. | 1755 |
Written allegations shall be prepared for consideration by | 1756 |
the board. The board, on review of the allegations and by an | 1757 |
affirmative vote of not fewer than six of its members, excluding | 1758 |
the secretary and supervising member, may suspend a license | 1759 |
without a prior hearing. A telephone conference call may be | 1760 |
utilized for reviewing the allegations and taking the vote on the | 1761 |
summary suspension. | 1762 |
The board shall issue a written order of suspension by | 1763 |
certified mail or in person in accordance with section 119.07 of | 1764 |
the Revised Code. The order shall not be subject to suspension by | 1765 |
the court during pendency of any appeal filed under section 119.12 | 1766 |
of the Revised Code. If the genetic counselor requests an | 1767 |
adjudicatory hearing by the board, the date set for the hearing | 1768 |
shall be within fifteen days, but not earlier than seven days, | 1769 |
after the genetic counselor requests the hearing, unless otherwise | 1770 |
agreed to by both the board and the genetic counselor. | 1771 |
A summary suspension imposed under this division shall remain | 1772 |
in effect, unless reversed on appeal, until a final adjudicative | 1773 |
order issued by the board pursuant to this section and Chapter | 1774 |
119. of the Revised Code becomes effective. The board shall issue | 1775 |
its final adjudicative order within sixty days after completion of | 1776 |
its hearing. Failure to issue the order within sixty days shall | 1777 |
result in dissolution of the summary suspension order, but shall | 1778 |
not invalidate any subsequent, final adjudicative order. | 1779 |
(H) If the board takes action under division (B)(10), (12), | 1780 |
or (13) of this section, and the judicial finding of guilt, guilty | 1781 |
plea, or judicial finding of eligibility for intervention in lieu | 1782 |
of conviction is overturned on appeal, on exhaustion of the | 1783 |
criminal appeal, a petition for reconsideration of the order may | 1784 |
be filed with the board along with appropriate court documents. On | 1785 |
receipt of a petition and supporting court documents, the board | 1786 |
shall reinstate the license to practice as a genetic counselor. | 1787 |
The board may then hold an adjudication under Chapter 119. of the | 1788 |
Revised Code to determine whether the individual committed the act | 1789 |
in question. Notice of opportunity for hearing shall be given in | 1790 |
accordance with Chapter 119. of the Revised Code. If the board | 1791 |
finds, pursuant to an adjudication held under this division, that | 1792 |
the individual committed the act, or if no hearing is requested, | 1793 |
it may order any of the sanctions specified in division (B) of | 1794 |
this section. | 1795 |
(I) The license to practice as a genetic counselor and the | 1796 |
counselor's practice in this state are automatically suspended as | 1797 |
of the date the genetic counselor pleads guilty to, is found by a | 1798 |
judge or jury to be guilty of, or is subject to a judicial finding | 1799 |
of eligibility for intervention in lieu of conviction in this | 1800 |
state or treatment of intervention in lieu of conviction in | 1801 |
another jurisdiction for any of the following criminal offenses in | 1802 |
this state or a substantially equivalent criminal offense in | 1803 |
another jurisdiction: aggravated murder, murder, voluntary | 1804 |
manslaughter, felonious assault, kidnapping, rape, sexual battery, | 1805 |
gross sexual imposition, aggravated arson, aggravated robbery, or | 1806 |
aggravated burglary. Continued practice after the suspension shall | 1807 |
be considered practicing without a license. | 1808 |
The board shall notify the individual subject to the | 1809 |
suspension by certified mail or in person in accordance with | 1810 |
section 119.07 of the Revised Code. If an individual whose license | 1811 |
is suspended under this division fails to make a timely request | 1812 |
for an adjudication under Chapter 119. of the Revised Code, the | 1813 |
board shall enter a final order permanently revoking the | 1814 |
individual's license to practice. | 1815 |
(J) In any instance in which the board is required by Chapter | 1816 |
119. of the Revised Code to give notice of opportunity for hearing | 1817 |
and the individual subject to the notice does not timely request a | 1818 |
hearing in accordance with section 119.07 of the Revised Code, the | 1819 |
board is not required to hold a hearing, but may adopt, by an | 1820 |
affirmative vote of not fewer than six of its members, a final | 1821 |
order that contains the board's findings. In the final order, the | 1822 |
board may order any of the sanctions identified under division (A) | 1823 |
or (B) of this section. | 1824 |
(K) Any action taken by the board under division (B) of this | 1825 |
section resulting in a suspension shall be accompanied by a | 1826 |
written statement of the conditions under which the license of the | 1827 |
genetic counselor may be reinstated. The board shall adopt rules | 1828 |
in accordance with Chapter 119. of the Revised Code governing | 1829 |
conditions to be imposed for reinstatement. Reinstatement of a | 1830 |
license suspended pursuant to division (B) of this section | 1831 |
requires an affirmative vote of not fewer than six members of the | 1832 |
board. | 1833 |
(L) When the board refuses to grant a license to practice as | 1834 |
a genetic counselor to an applicant, revokes an individual's | 1835 |
license, refuses to renew a license, or refuses to reinstate an | 1836 |
individual's license, the board may specify that its action is | 1837 |
permanent. An individual subject to a permanent action taken by | 1838 |
the board is forever thereafter ineligible to hold a license to | 1839 |
practice as a genetic counselor and the board shall not accept an | 1840 |
application for reinstatement of the license or for issuance of a | 1841 |
new license. | 1842 |
(M) Notwithstanding any other provision of the Revised Code, | 1843 |
all of the following apply: | 1844 |
(1) The surrender of a license to practice as a genetic | 1845 |
counselor is not effective unless or until accepted by the board. | 1846 |
A telephone conference call may be utilized for acceptance of the | 1847 |
surrender of an individual's license. The telephone conference | 1848 |
call shall be considered a special meeting under division (F) of | 1849 |
section 121.22 of the Revised Code. Reinstatement of a license | 1850 |
surrendered to the board requires an affirmative vote of not fewer | 1851 |
than six members of the board. | 1852 |
(2) An application made under this chapter for a license to | 1853 |
practice may not be withdrawn without approval of the board. | 1854 |
(3) Failure by an individual to renew a license in accordance | 1855 |
with section 4778.06 of the Revised Code shall not remove or limit | 1856 |
the board's jurisdiction to take disciplinary action under this | 1857 |
section against the individual. | 1858 |
Sec. 4778.15. On receipt of a notice pursuant to section | 1859 |
3123.43 of the Revised Code, the state medical board shall comply | 1860 |
with sections 3123.41 to 3123.50 of the Revised Code and any | 1861 |
applicable rules adopted under section 3123.63 of the Revised Code | 1862 |
with respect to a license issued under this chapter. | 1863 |
Sec. 4778.16. If the state medical board has reason to | 1864 |
believe that any person who has been granted a license to practice | 1865 |
as a genetic counselor under this chapter is mentally ill or | 1866 |
mentally incompetent, it may file in the probate court of the | 1867 |
county in which the person has a legal residence an affidavit in | 1868 |
the form prescribed in section 5122.11 of the Revised Code and | 1869 |
signed by the board secretary or a member of the board secretary's | 1870 |
staff, whereupon the same proceedings shall be had as provided in | 1871 |
Chapter 5122. of the Revised Code. The attorney general may | 1872 |
represent the board in any proceeding commenced under this | 1873 |
section. | 1874 |
If any person who has been granted a license to practice is | 1875 |
adjudged by a probate court to be mentally ill or mentally | 1876 |
incompetent, the person's license shall be automatically suspended | 1877 |
until the person has filed with the state medical board a | 1878 |
certified copy of an adjudication by a probate court of the | 1879 |
person's subsequent restoration to competency or has submitted to | 1880 |
the board proof, satisfactory to the board, that the person has | 1881 |
been discharged as having a restoration to competency in the | 1882 |
manner and form provided in section 5122.38 of the Revised Code. | 1883 |
The judge of the probate court shall forthwith notify the state | 1884 |
medical board of an adjudication of mental illness or mental | 1885 |
incompetence, and shall note any suspension of a license in the | 1886 |
margin of the court's record of such license. | 1887 |
Sec. 4778.18. (A) The state medical board shall investigate | 1888 |
evidence that appears to show that any individual has violated | 1889 |
this chapter or the rules adopted under it. Any person may report | 1890 |
to the board in a signed writing any information the person has | 1891 |
that appears to show a violation of this chapter or rules adopted | 1892 |
under it. In the absence of bad faith, a person who reports such | 1893 |
information or testifies before the board in an adjudication | 1894 |
conducted under Chapter 119. of the Revised Code shall not be | 1895 |
liable for civil damages as a result of reporting the information | 1896 |
or providing testimony. Each complaint or allegation of a | 1897 |
violation received by the board shall be assigned a case number | 1898 |
and be recorded by the board. | 1899 |
(B) Investigations of alleged violations of this chapter or | 1900 |
rules adopted under it shall be supervised by the supervising | 1901 |
member elected by the board in accordance with section 4731.02 of | 1902 |
the Revised Code and by the board's secretary, pursuant to section | 1903 |
4778.20 of the Revised Code. The board's president may designate | 1904 |
another member of the board to supervise the investigation in | 1905 |
place of the supervising member. A member of the board who | 1906 |
supervises the investigation of a case shall not participate in | 1907 |
further adjudication of the case. | 1908 |
(C) In investigating a possible violation of this chapter or | 1909 |
the rules adopted under it, the board may administer oaths, order | 1910 |
the taking of depositions, inspect and copy any books, accounts, | 1911 |
papers, records, or documents, issue subpoenas, and compel the | 1912 |
attendance of witnesses and production of books, accounts, papers, | 1913 |
records, documents, and testimony, except that a subpoena for | 1914 |
patient record information shall not be issued without | 1915 |
consultation with the attorney general's office and approval of | 1916 |
the secretary and supervising member of the board. Before issuance | 1917 |
of a subpoena for patient record information, the secretary and | 1918 |
supervising member shall determine whether there is probable cause | 1919 |
to believe that the complaint filed alleges a violation of this | 1920 |
chapter or the rules adopted under it and that the records sought | 1921 |
are relevant to the alleged violation and material to the | 1922 |
investigation. The subpoena may apply only to records that cover a | 1923 |
reasonable period of time surrounding the alleged violation. | 1924 |
On failure to comply with any subpoena issued by the board | 1925 |
and after reasonable notice to the person being subpoenaed, the | 1926 |
board may move for an order compelling the production of persons | 1927 |
or records pursuant to the Rules of Civil Procedure. | 1928 |
A subpoena issued by the board may be served by a sheriff, | 1929 |
the sheriff's deputy, or a board employee designated by the board. | 1930 |
Service of a subpoena issued by the board may be made by | 1931 |
delivering a copy of the subpoena to the person named therein, | 1932 |
reading it to the person, or leaving it at the person's usual | 1933 |
place of residence. When the person being served is a genetic | 1934 |
counselor, service of the subpoena may be made by certified mail, | 1935 |
restricted delivery, return receipt requested, and the subpoena | 1936 |
shall be deemed served on the date delivery is made or the date | 1937 |
the person refuses to accept delivery. | 1938 |
A sheriff's deputy who serves a subpoena shall receive the | 1939 |
same fees as a sheriff. Each witness who appears before the board | 1940 |
in obedience to a subpoena shall receive the fees and mileage | 1941 |
provided for witnesses in civil cases in the courts of common | 1942 |
pleas. | 1943 |
(D) All hearings and investigations of the board shall be | 1944 |
considered civil actions for the purposes of section 2305.252 of | 1945 |
the Revised Code. | 1946 |
(E) Information received by the board pursuant to an | 1947 |
investigation is confidential and not subject to discovery in any | 1948 |
civil action. | 1949 |
The board shall conduct all investigations and proceedings in | 1950 |
a manner that protects the confidentiality of patients and persons | 1951 |
who file complaints with the board. The board shall not make | 1952 |
public the names or any other identifying information about | 1953 |
patients or complainants unless proper consent is given. | 1954 |
The board may share any information it receives pursuant to | 1955 |
an investigation, including patient records and patient record | 1956 |
information, with law enforcement agencies, other licensing | 1957 |
boards, and other governmental agencies that are prosecuting, | 1958 |
adjudicating, or investigating alleged violations of statutes or | 1959 |
administrative rules. An agency or board that receives the | 1960 |
information shall comply with the same requirements regarding | 1961 |
confidentiality as those with which the state medical board must | 1962 |
comply, notwithstanding any conflicting provision of the Revised | 1963 |
Code or procedure of the agency or board that applies when it is | 1964 |
dealing with other information in its possession. In a judicial | 1965 |
proceeding, the information may be admitted into evidence only in | 1966 |
accordance with the Rules of Evidence, but the court shall require | 1967 |
that appropriate measures are taken to ensure that confidentiality | 1968 |
is maintained with respect to any part of the information that | 1969 |
contains names or other identifying information about patients or | 1970 |
complainants whose confidentiality was protected by the state | 1971 |
medical board when the information was in the board's possession. | 1972 |
Measures to ensure confidentiality that may be taken by the court | 1973 |
include sealing its records or deleting specific information from | 1974 |
its records. | 1975 |
(F) The state medical board shall develop requirements for | 1976 |
and provide appropriate initial training and continuing education | 1977 |
for investigators employed by the board to carry out its duties | 1978 |
under this chapter. The training and continuing education may | 1979 |
include enrollment in courses operated or approved by the Ohio | 1980 |
peace officer training commission that the board considers | 1981 |
appropriate under conditions set forth in section 109.79 of the | 1982 |
Revised Code. | 1983 |
(G) On a quarterly basis, the board shall prepare a report | 1984 |
that documents the disposition of all cases during the preceding | 1985 |
three months. The report shall contain the following information | 1986 |
for each case with which the board has completed its activities: | 1987 |
(1) The case number assigned to the complaint or alleged | 1988 |
violation; | 1989 |
(2) The type of license, if any, held by the individual | 1990 |
against whom the complaint is directed; | 1991 |
(3) A description of the allegations contained in the | 1992 |
complaint; | 1993 |
(4) The disposition of the case. | 1994 |
The report shall state how many cases are still pending, and | 1995 |
shall be prepared in a manner that protects the identity of each | 1996 |
individual involved in each case. The report is a public record | 1997 |
for purposes of section 149.43 of the Revised Code. | 1998 |
Sec. 4778.19. (A) As used in this section, "prosecutor" has | 1999 |
the same meaning as in section 2935.01 of the Revised Code. | 2000 |
(B) Whenever any individual holding a valid license to | 2001 |
practice as a genetic counselor pleads guilty to, is subject to a | 2002 |
judicial finding of guilt of, or is subject to a judicial finding | 2003 |
of eligibility for intervention in lieu of conviction for a | 2004 |
violation of Chapter 2907., 2925., or 3719. of the Revised Code or | 2005 |
of any substantively comparable ordinance of a municipal | 2006 |
corporation in connection with the person's practice, the | 2007 |
prosecutor in the case, on forms prescribed and provided by the | 2008 |
state medical board, shall promptly notify the board of the | 2009 |
conviction. Within thirty days of receipt of that information, the | 2010 |
board shall initiate action in accordance with Chapter 119. of the | 2011 |
Revised Code to determine whether to suspend or revoke the license | 2012 |
under section 4778.16 of the Revised Code. | 2013 |
(C) The prosecutor in any case against any person holding a | 2014 |
valid license to practice as a genetic counselor, on forms | 2015 |
prescribed and provided by the state medical board, shall notify | 2016 |
the board of any of the following: | 2017 |
(1) A plea of guilty to, a finding of guilt by a jury or | 2018 |
court of, or judicial finding of eligibility for intervention in | 2019 |
lieu of conviction for a felony, or a case in which the trial | 2020 |
court issues an order of dismissal upon technical or procedural | 2021 |
grounds of a felony charge; | 2022 |
(2) A plea of guilty to, a finding of guilt by a jury or | 2023 |
court of, or judicial finding of eligibility for intervention in | 2024 |
lieu of conviction for a misdemeanor committed in the course of | 2025 |
practice, or a case in which the trial court issues an order of | 2026 |
dismissal upon technical or procedural grounds of a charge of a | 2027 |
misdemeanor, if the alleged act was committed in the course of | 2028 |
practice; | 2029 |
(3) A plea of guilty to, a finding of guilt by a jury or | 2030 |
court of, or judicial finding of eligibility for intervention in | 2031 |
lieu of conviction for a misdemeanor involving moral turpitude, or | 2032 |
a case in which the trial court issues an order of dismissal upon | 2033 |
technical or procedural grounds of a charge of a misdemeanor | 2034 |
involving moral turpitude. | 2035 |
The report shall include the name and address of the license | 2036 |
holder, the nature of the offense for which the action was taken, | 2037 |
and the certified court documents recording the action. | 2038 |
Sec. 4778.20. The secretary of the state medical board shall | 2039 |
enforce the laws relating to the practice of genetic counselors. | 2040 |
If the secretary has knowledge or notice of a violation of this | 2041 |
chapter or the rules adopted under it, the secretary shall | 2042 |
investigate the matter, and, upon probable cause appearing, file a | 2043 |
complaint and prosecute the offender. When requested by the | 2044 |
secretary, the prosecuting attorney of the proper county shall | 2045 |
take charge of and conduct the prosecution. | 2046 |
Sec. 4778.21. The attorney general, the prosecuting attorney | 2047 |
of any county in which the offense was committed or the offender | 2048 |
resides, the state medical board, or any other person having | 2049 |
knowledge of a person engaged either directly or by complicity in | 2050 |
practicing as a genetic counselor without having first obtained | 2051 |
under this chapter a license to practice as a genetic counselor, | 2052 |
may, in accordance with provisions of the Revised Code governing | 2053 |
injunctions, maintain an action in the name of the state to enjoin | 2054 |
any person from engaging either directly or by complicity in | 2055 |
unlawfully practicing as a genetic counselor by applying for an | 2056 |
injunction in any court of competent jurisdiction. | 2057 |
Prior to application for an injunction, the secretary of the | 2058 |
state medical board shall notify the individual allegedly engaged | 2059 |
either directly or by complicity in the unlawful practice by | 2060 |
registered mail that the secretary has received information | 2061 |
indicating that this individual is so engaged. The individual | 2062 |
shall answer the secretary within thirty days showing that the | 2063 |
individual is either properly licensed for the stated activity or | 2064 |
that the individual is not in violation of this chapter. If the | 2065 |
answer is not forthcoming within thirty days after notice by the | 2066 |
secretary, the secretary shall request that the attorney general, | 2067 |
the prosecuting attorney of the county in which the offense was | 2068 |
committed or the offender resides, or the state medical board | 2069 |
proceed as authorized in this section. | 2070 |
Upon the filing of a verified petition in court, the court | 2071 |
shall conduct a hearing on the petition and shall give the same | 2072 |
preference to this proceeding as is given all proceedings under | 2073 |
Chapter 119. of the Revised Code, irrespective of the position of | 2074 |
the proceeding on the calendar of the court. | 2075 |
Injunction proceedings shall be in addition to, and not in | 2076 |
lieu of, all penalties and other remedies provided in this | 2077 |
chapter. | 2078 |
Sec. 4778.22. All fees, penalties, and other funds received | 2079 |
by the state medical board under this chapter shall be deposited | 2080 |
in accordance with section 4731.24 of the Revised Code. | 2081 |
Sec. 4778.24. In the absence of fraud or bad faith, the | 2082 |
state medical board, a current or former board member, an agent of | 2083 |
the board, a person formally requested by the board to be the | 2084 |
board's representative, or an employee of the board shall not be | 2085 |
held liable in damages to any person as the result of any act, | 2086 |
omission, proceeding, conduct, or decision related to official | 2087 |
duties undertaken or performed pursuant to this chapter. If any | 2088 |
such person asks to be defended by the state against any claim or | 2089 |
action arising out of any act, omission, proceeding, conduct, or | 2090 |
decision related to the person's official duties, and if the | 2091 |
request is made in writing at a reasonable time before trial and | 2092 |
the person requesting defense cooperates in good faith in the | 2093 |
defense of the claim or action, the state shall provide and pay | 2094 |
for the person's defense and shall pay any resulting judgment, | 2095 |
compromise, or settlement. At no time shall the state pay any part | 2096 |
of a claim or judgment that is for punitive or exemplary damages. | 2097 |
Sec. 4778.99. Whoever violates section 4778.02 of the | 2098 |
Revised Code is guilty of a misdemeanor of the first degree on a | 2099 |
first offense and felony of the fifth degree on each subsequent | 2100 |
offense. | 2101 |
Section 2. That existing sections 4731.07, 4731.19, 4731.22, | 2102 |
4731.222, 4731.224, 4731.24, 4731.25, and 4731.293 of the Revised | 2103 |
Code are hereby repealed. | 2104 |
Section 3. Section 4731.22 of the Revised Code is presented | 2105 |
in this act as a composite of the section as amended by both H.B. | 2106 |
78 and Am. Sub. H.B. 93 of the 129th General Assembly. The General | 2107 |
Assembly, applying the principle stated in division (B) of section | 2108 |
1.52 of the Revised Code that amendments are to be harmonized if | 2109 |
reasonably capable of simultaneous operation, finds that the | 2110 |
composite is the resulting version of the section in effect prior | 2111 |
to the effective date of the section as presented in this act. | 2112 |
Section 4. The amendments to section 4731.293 of the Revised | 2113 |
Code made by this act are hereby declared to be an emergency | 2114 |
measure necessary for the immediate preservation of the public | 2115 |
peace, health, and safety. The reason for this necessity is that | 2116 |
swift enactment will allow several extraordinary doctors to renew | 2117 |
their certificates and continue their work in Ohio without | 2118 |
interruption. Otherwise, these doctors will not be permitted to | 2119 |
work in Ohio and will leave the state. Therefore, the amendments | 2120 |
to section 4731.293 of the Revised Code made by this act shall go | 2121 |
into immediate effect. | 2122 |
Section 5. Section 4778.02 of the Revised Code, as enacted by | 2123 |
this act, shall take effect one year after the effective date of | 2124 |
this act. | 2125 |