As Reported by the Senate Health, Human Services and Aging Committee

129th General Assembly
Regular Session
2011-2012
Sub. H. B. No. 292


Representative Gonzales 

Cosponsors: Representatives Grossman, Stebelton, Reece, Dovilla, Gardner, Baker, Wachtmann, Fende, Antonio, Carney, Celeste, Duffey, Garland, Yuko, Beck, Blair, Boyd, Cera, Combs, Conditt, Damschroder, DeVitis, Hackett, Johnson, Maag, Milkovich, Pelanda, Ruhl, Sears, Slaby, Stinziano, Weddington, Winburn 

Senators Jones, Tavares 

A BILL
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


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

       Section 1. That sections 4731.07, 4731.19, 4731.22, 4731.222, 14
4731.224, 4731.24, and 4731.25 be amended and sections 4731.297, 15
4778.01, 4778.02, 4778.03, 4778.04, 4778.05, 4778.06, 4778.07, 16
4778.08, 4778.09, 4778.10, 4778.11, 4778.12, 4778.14, 4778.15, 17
4778.16, 4778.18, 4778.19, 4778.20, 4778.21, 4778.22, 4778.24, and 18
4778.99 of the Revised Code be enacted to read as follows:19

       Sec. 4731.07.  The state medical board shall keep a record of 20
its proceedings. It shall also keep a register of applicants for 21
certificates of registration and certificates to practice issued 22
under this chapter and Chapters 4730., 4760., 4762., and 4774. of 23
the Revised Code and licenses issued under Chapter 4778. of the 24
Revised Code. The register shall show the name of the applicant 25
and whether the applicant was granted or refused a certificate or 26
license. With respect to applicants to practice medicine and 27
surgery or osteopathic medicine and surgery, the register shall 28
show the name of the institution that granted the applicant the 29
degree of doctor of medicine or osteopathic medicine. The books 30
and records of the board shall be prima-facie evidence of matters 31
therein contained.32

       Sec. 4731.19. (A) A person seeking a certificate to practice 33
a limited branch of medicine shall file with the state medical 34
board an application in a manner prescribed by the board. The 35
application shall include or be accompanied by evidence of all of 36
the following:37

       (1) ThatEvidence that the applicant is at least eighteen 38
years of age and of good moral character;39

       (2) ThatEvidence that the applicant has attained high school 40
graduation or its equivalent;41

       (3) ThatEvidence that the applicant holds one of the 42
following: 43

       (a) A diploma or certificate from a school, college, or 44
institution in good standing as determined by the board, showing 45
the completion of the required courses of instruction; 46

       (b) A diploma or certificate from a school, college, or 47
institution in another state or jurisdiction showing completion of 48
a course of instruction that meets course requirements determined 49
by the board through rules adopted under section 4731.05 of the 50
Revised Code;51

       (c) For not less than five years preceding application, a 52
current license, registration, or certificate in good standing in 53
another state for massage therapy or cosmetic therapy.54

       (4) Evidence that the applicant has successfully passed an 55
examination, prescribed in rules described in section 4731.16 of 56
the Revised Code, to determine competency to practice the 57
applicable limited branch of medicine;58

       (5) An affidavit signed by the applicant attesting to the 59
accuracy and truthfulness of information submitted under this 60
section and consenting to release of information;61

       (6) Any other information the board requires.62

        (B) An applicant for a certificate to practice a limited 63
branch of medicine shall comply with the requirements of section 64
4731.171 of the Revised Code. 65

       (C) At the time of making application for a certificate to 66
practice a limited branch of medicine, the applicant shall pay to 67
the board a fee of one hundred fifty dollars, no part of which 68
shall be returned. No application shall be considered filed until 69
the board receives the appropriate fee.70

       (D) The board may investigate the application materials 71
received under this section and contact any agency or organization 72
for recommendations or other information about the applicant.73

       Sec. 4731.22.  (A) The state medical board, by an affirmative 74
vote of not fewer than six of its members, may revoke or may 75
refuse to grant a certificate to a person found by the board to 76
have committed fraud during the administration of the examination 77
for a certificate to practice or to have committed fraud, 78
misrepresentation, or deception in applying for or securing any 79
certificate to practice or certificate of registration issued by 80
the board.81

       (B) The board, by an affirmative vote of not fewer than six 82
members, shall, to the extent permitted by law, limit, revoke, or 83
suspend an individual's certificate to practice, refuse to 84
register an individual, refuse to reinstate a certificate, or 85
reprimand or place on probation the holder of a certificate for 86
one or more of the following reasons:87

       (1) Permitting one's name or one's certificate to practice or 88
certificate of registration to be used by a person, group, or 89
corporation when the individual concerned is not actually 90
directing the treatment given;91

       (2) Failure to maintain minimal standards applicable to the 92
selection or administration of drugs, or failure to employ 93
acceptable scientific methods in the selection of drugs or other 94
modalities for treatment of disease;95

       (3) Selling, giving away, personally furnishing, prescribing, 96
or administering drugs for other than legal and legitimate 97
therapeutic purposes or a plea of guilty to, a judicial finding of 98
guilt of, or a judicial finding of eligibility for intervention in 99
lieu of conviction of, a violation of any federal or state law 100
regulating the possession, distribution, or use of any drug;101

       (4) Willfully betraying a professional confidence.102

       For purposes of this division, "willfully betraying a 103
professional confidence" does not include providing any 104
information, documents, or reports to a child fatality review 105
board under sections 307.621 to 307.629 of the Revised Code and 106
does not include the making of a report of an employee's use of a 107
drug of abuse, or a report of a condition of an employee other 108
than one involving the use of a drug of abuse, to the employer of 109
the employee as described in division (B) of section 2305.33 of 110
the Revised Code. Nothing in this division affects the immunity 111
from civil liability conferred by that section upon a physician 112
who makes either type of report in accordance with division (B) of 113
that section. As used in this division, "employee," "employer," 114
and "physician" have the same meanings as in section 2305.33 of 115
the Revised Code.116

       (5) Making a false, fraudulent, deceptive, or misleading 117
statement in the solicitation of or advertising for patients; in 118
relation to the practice of medicine and surgery, osteopathic 119
medicine and surgery, podiatric medicine and surgery, or a limited 120
branch of medicine; or in securing or attempting to secure any 121
certificate to practice or certificate of registration issued by 122
the board.123

       As used in this division, "false, fraudulent, deceptive, or 124
misleading statement" means a statement that includes a 125
misrepresentation of fact, is likely to mislead or deceive because 126
of a failure to disclose material facts, is intended or is likely 127
to create false or unjustified expectations of favorable results, 128
or includes representations or implications that in reasonable 129
probability will cause an ordinarily prudent person to 130
misunderstand or be deceived.131

       (6) A departure from, or the failure to conform to, minimal 132
standards of care of similar practitioners under the same or 133
similar circumstances, whether or not actual injury to a patient 134
is established;135

       (7) Representing, with the purpose of obtaining compensation 136
or other advantage as personal gain or for any other person, that 137
an incurable disease or injury, or other incurable condition, can 138
be permanently cured;139

       (8) The obtaining of, or attempting to obtain, money or 140
anything of value by fraudulent misrepresentations in the course 141
of practice;142

       (9) A plea of guilty to, a judicial finding of guilt of, or a 143
judicial finding of eligibility for intervention in lieu of 144
conviction for, a felony;145

       (10) Commission of an act that constitutes a felony in this 146
state, regardless of the jurisdiction in which the act was 147
committed;148

       (11) A plea of guilty to, a judicial finding of guilt of, or 149
a judicial finding of eligibility for intervention in lieu of 150
conviction for, a misdemeanor committed in the course of practice;151

       (12) Commission of an act in the course of practice that 152
constitutes a misdemeanor in this state, regardless of the 153
jurisdiction in which the act was committed;154

       (13) A plea of guilty to, a judicial finding of guilt of, or 155
a judicial finding of eligibility for intervention in lieu of 156
conviction for, a misdemeanor involving moral turpitude;157

       (14) Commission of an act involving moral turpitude that 158
constitutes a misdemeanor in this state, regardless of the 159
jurisdiction in which the act was committed;160

       (15) Violation of the conditions of limitation placed by the 161
board upon a certificate to practice;162

       (16) Failure to pay license renewal fees specified in this 163
chapter;164

       (17) Except as authorized in section 4731.31 of the Revised 165
Code, engaging in the division of fees for referral of patients, 166
or the receiving of a thing of value in return for a specific 167
referral of a patient to utilize a particular service or business;168

       (18) Subject to section 4731.226 of the Revised Code, 169
violation of any provision of a code of ethics of the American 170
medical association, the American osteopathic association, the 171
American podiatric medical association, or any other national 172
professional organizations that the board specifies by rule. The 173
state medical board shall obtain and keep on file current copies 174
of the codes of ethics of the various national professional 175
organizations. The individual whose certificate is being suspended 176
or revoked shall not be found to have violated any provision of a 177
code of ethics of an organization not appropriate to the 178
individual's profession.179

       For purposes of this division, a "provision of a code of 180
ethics of a national professional organization" does not include 181
any provision that would preclude the making of a report by a 182
physician of an employee's use of a drug of abuse, or of a 183
condition of an employee other than one involving the use of a 184
drug of abuse, to the employer of the employee as described in 185
division (B) of section 2305.33 of the Revised Code. Nothing in 186
this division affects the immunity from civil liability conferred 187
by that section upon a physician who makes either type of report 188
in accordance with division (B) of that section. As used in this 189
division, "employee," "employer," and "physician" have the same 190
meanings as in section 2305.33 of the Revised Code.191

       (19) Inability to practice according to acceptable and 192
prevailing standards of care by reason of mental illness or 193
physical illness, including, but not limited to, physical 194
deterioration that adversely affects cognitive, motor, or 195
perceptive skills.196

       In enforcing this division, the board, upon a showing of a 197
possible violation, may compel any individual authorized to 198
practice by this chapter or who has submitted an application 199
pursuant to this chapter to submit to a mental examination, 200
physical examination, including an HIV test, or both a mental and 201
a physical examination. The expense of the examination is the 202
responsibility of the individual compelled to be examined. Failure 203
to submit to a mental or physical examination or consent to an HIV 204
test ordered by the board constitutes an admission of the 205
allegations against the individual unless the failure is due to 206
circumstances beyond the individual's control, and a default and 207
final order may be entered without the taking of testimony or 208
presentation of evidence. If the board finds an individual unable 209
to practice because of the reasons set forth in this division, the 210
board shall require the individual to submit to care, counseling, 211
or treatment by physicians approved or designated by the board, as 212
a condition for initial, continued, reinstated, or renewed 213
authority to practice. An individual affected under this division 214
shall be afforded an opportunity to demonstrate to the board the 215
ability to resume practice in compliance with acceptable and 216
prevailing standards under the provisions of the individual's 217
certificate. For the purpose of this division, any individual who 218
applies for or receives a certificate to practice under this 219
chapter accepts the privilege of practicing in this state and, by 220
so doing, shall be deemed to have given consent to submit to a 221
mental or physical examination when directed to do so in writing 222
by the board, and to have waived all objections to the 223
admissibility of testimony or examination reports that constitute 224
a privileged communication.225

       (20) Except when civil penalties are imposed under section 226
4731.225 or 4731.281 of the Revised Code, and subject to section 227
4731.226 of the Revised Code, violating or attempting to violate, 228
directly or indirectly, or assisting in or abetting the violation 229
of, or conspiring to violate, any provisions of this chapter or 230
any rule promulgated by the board.231

       This division does not apply to a violation or attempted 232
violation of, assisting in or abetting the violation of, or a 233
conspiracy to violate, any provision of this chapter or any rule 234
adopted by the board that would preclude the making of a report by 235
a physician of an employee's use of a drug of abuse, or of a 236
condition of an employee other than one involving the use of a 237
drug of abuse, to the employer of the employee as described in 238
division (B) of section 2305.33 of the Revised Code. Nothing in 239
this division affects the immunity from civil liability conferred 240
by that section upon a physician who makes either type of report 241
in accordance with division (B) of that section. As used in this 242
division, "employee," "employer," and "physician" have the same 243
meanings as in section 2305.33 of the Revised Code.244

       (21) The violation of section 3701.79 of the Revised Code or 245
of any abortion rule adopted by the public health council pursuant 246
to section 3701.341 of the Revised Code;247

       (22) Any of the following actions taken by an agency 248
responsible for authorizing, certifying, or regulating an 249
individual to practice a health care occupation or provide health 250
care services in this state or another jurisdiction, for any 251
reason other than the nonpayment of fees: the limitation, 252
revocation, or suspension of an individual's license to practice; 253
acceptance of an individual's license surrender; denial of a 254
license; refusal to renew or reinstate a license; imposition of 255
probation; or issuance of an order of censure or other reprimand;256

       (23) The violation of section 2919.12 of the Revised Code or 257
the performance or inducement of an abortion upon a pregnant woman 258
with actual knowledge that the conditions specified in division 259
(B) of section 2317.56 of the Revised Code have not been satisfied 260
or with a heedless indifference as to whether those conditions 261
have been satisfied, unless an affirmative defense as specified in 262
division (H)(2) of that section would apply in a civil action 263
authorized by division (H)(1) of that section;264

       (24) The revocation, suspension, restriction, reduction, or 265
termination of clinical privileges by the United States department 266
of defense or department of veterans affairs or the termination or 267
suspension of a certificate of registration to prescribe drugs by 268
the drug enforcement administration of the United States 269
department of justice;270

       (25) Termination or suspension from participation in the 271
medicare or medicaid programs by the department of health and 272
human services or other responsible agency for any act or acts 273
that also would constitute a violation of division (B)(2), (3), 274
(6), (8), or (19) of this section;275

       (26) Impairment of ability to practice according to 276
acceptable and prevailing standards of care because of habitual or 277
excessive use or abuse of drugs, alcohol, or other substances that 278
impair ability to practice.279

       For the purposes of this division, any individual authorized 280
to practice by this chapter accepts the privilege of practicing in 281
this state subject to supervision by the board. By filing an 282
application for or holding a certificate to practice under this 283
chapter, an individual shall be deemed to have given consent to 284
submit to a mental or physical examination when ordered to do so 285
by the board in writing, and to have waived all objections to the 286
admissibility of testimony or examination reports that constitute 287
privileged communications.288

       If it has reason to believe that any individual authorized to 289
practice by this chapter or any applicant for certification to 290
practice suffers such impairment, the board may compel the 291
individual to submit to a mental or physical examination, or both. 292
The expense of the examination is the responsibility of the 293
individual compelled to be examined. Any mental or physical 294
examination required under this division shall be undertaken by a 295
treatment provider or physician who is qualified to conduct the 296
examination and who is chosen by the board.297

       Failure to submit to a mental or physical examination ordered 298
by the board constitutes an admission of the allegations against 299
the individual unless the failure is due to circumstances beyond 300
the individual's control, and a default and final order may be 301
entered without the taking of testimony or presentation of 302
evidence. If the board determines that the individual's ability to 303
practice is impaired, the board shall suspend the individual's 304
certificate or deny the individual's application and shall require 305
the individual, as a condition for initial, continued, reinstated, 306
or renewed certification to practice, to submit to treatment.307

       Before being eligible to apply for reinstatement of a 308
certificate suspended under this division, the impaired 309
practitioner shall demonstrate to the board the ability to resume 310
practice in compliance with acceptable and prevailing standards of 311
care under the provisions of the practitioner's certificate. The 312
demonstration shall include, but shall not be limited to, the 313
following:314

       (a) Certification from a treatment provider approved under 315
section 4731.25 of the Revised Code that the individual has 316
successfully completed any required inpatient treatment;317

       (b) Evidence of continuing full compliance with an aftercare 318
contract or consent agreement;319

       (c) Two written reports indicating that the individual's 320
ability to practice has been assessed and that the individual has 321
been found capable of practicing according to acceptable and 322
prevailing standards of care. The reports shall be made by 323
individuals or providers approved by the board for making the 324
assessments and shall describe the basis for their determination.325

       The board may reinstate a certificate suspended under this 326
division after that demonstration and after the individual has 327
entered into a written consent agreement.328

       When the impaired practitioner resumes practice, the board 329
shall require continued monitoring of the individual. The 330
monitoring shall include, but not be limited to, compliance with 331
the written consent agreement entered into before reinstatement or 332
with conditions imposed by board order after a hearing, and, upon 333
termination of the consent agreement, submission to the board for 334
at least two years of annual written progress reports made under 335
penalty of perjury stating whether the individual has maintained 336
sobriety.337

       (27) A second or subsequent violation of section 4731.66 or 338
4731.69 of the Revised Code;339

       (28) Except as provided in division (N) of this section:340

       (a) Waiving the payment of all or any part of a deductible or 341
copayment that a patient, pursuant to a health insurance or health 342
care policy, contract, or plan that covers the individual's 343
services, otherwise would be required to pay if the waiver is used 344
as an enticement to a patient or group of patients to receive 345
health care services from that individual;346

       (b) Advertising that the individual will waive the payment of 347
all or any part of a deductible or copayment that a patient, 348
pursuant to a health insurance or health care policy, contract, or 349
plan that covers the individual's services, otherwise would be 350
required to pay.351

       (29) Failure to use universal blood and body fluid 352
precautions established by rules adopted under section 4731.051 of 353
the Revised Code;354

       (30) Failure to provide notice to, and receive acknowledgment 355
of the notice from, a patient when required by section 4731.143 of 356
the Revised Code prior to providing nonemergency professional 357
services, or failure to maintain that notice in the patient's 358
file;359

       (31) Failure of a physician supervising a physician assistant 360
to maintain supervision in accordance with the requirements of 361
Chapter 4730. of the Revised Code and the rules adopted under that 362
chapter;363

       (32) Failure of a physician or podiatrist to enter into a 364
standard care arrangement with a clinical nurse specialist, 365
certified nurse-midwife, or certified nurse practitioner with whom 366
the physician or podiatrist is in collaboration pursuant to 367
section 4731.27 of the Revised Code or failure to fulfill the 368
responsibilities of collaboration after entering into a standard 369
care arrangement;370

       (33) Failure to comply with the terms of a consult agreement 371
entered into with a pharmacist pursuant to section 4729.39 of the 372
Revised Code;373

       (34) Failure to cooperate in an investigation conducted by 374
the board under division (F) of this section, including failure to 375
comply with a subpoena or order issued by the board or failure to 376
answer truthfully a question presented by the board at a 377
deposition or in written interrogatories, except that failure to 378
cooperate with an investigation shall not constitute grounds for 379
discipline under this section if a court of competent jurisdiction 380
has issued an order that either quashes a subpoena or permits the 381
individual to withhold the testimony or evidence in issue;382

       (35) Failure to supervise an acupuncturist in accordance with 383
Chapter 4762. of the Revised Code and the board's rules for 384
supervision of an acupuncturist;385

       (36) Failure to supervise an anesthesiologist assistant in 386
accordance with Chapter 4760. of the Revised Code and the board's 387
rules for supervision of an anesthesiologist assistant;388

       (37) Assisting suicide as defined in section 3795.01 of the 389
Revised Code;390

       (38) Failure to comply with the requirements of section 391
2317.561 of the Revised Code;392

       (39) Failure to supervise a radiologist assistant in 393
accordance with Chapter 4774. of the Revised Code and the board's 394
rules for supervision of radiologist assistants;395

       (40) Performing or inducing an abortion at an office or 396
facility with knowledge that the office or facility fails to post 397
the notice required under section 3701.791 of the Revised Code;398

       (41) Failure to comply with the standards and procedures 399
established in rules under section 4731.054 of the Revised Code 400
for the operation of or the provision of care at a pain management 401
clinic;402

        (42) Failure to comply with the standards and procedures 403
established in rules under section 4731.054 of the Revised Code 404
for providing supervision, direction, and control of individuals 405
at a pain management clinic;406

       (43) Failure to comply with the requirements of section 407
4729.79 of the Revised Code, unless the state board of pharmacy no 408
longer maintains a drug database pursuant to section 4729.75 of 409
the Revised Code;410

       (41)(44) Failure to comply with the requirements of section 411
2919.171 of the Revised Code or failure to submit to the 412
department of health in accordance with a court order a complete 413
report as described in section 2919.171 of the Revised Code;414

       (45) Failure to supervise a genetic counselor holding a 415
supervised practice license in accordance with Chapter 4778. of 416
the Revised Code and the board's rules for supervision of the 417
genetic counselor;418

       (46) Failure to fulfill the responsibilities of collaboration 419
after entering into a collaborative agreement with a genetic 420
counselor under division (B) of section 4778.11 of the Revised 421
Code or failure to comply with the board's rules regarding such 422
agreements.423

       (C) Disciplinary actions taken by the board under divisions 424
(A) and (B) of this section shall be taken pursuant to an 425
adjudication under Chapter 119. of the Revised Code, except that 426
in lieu of an adjudication, the board may enter into a consent 427
agreement with an individual to resolve an allegation of a 428
violation of this chapter or any rule adopted under it. A consent 429
agreement, when ratified by an affirmative vote of not fewer than 430
six members of the board, shall constitute the findings and order 431
of the board with respect to the matter addressed in the 432
agreement. If the board refuses to ratify a consent agreement, the 433
admissions and findings contained in the consent agreement shall 434
be of no force or effect.435

       A telephone conference call may be utilized for ratification 436
of a consent agreement that revokes or suspends an individual's 437
certificate to practice. The telephone conference call shall be 438
considered a special meeting under division (F) of section 121.22 439
of the Revised Code.440

       If the board takes disciplinary action against an individual 441
under division (B) of this section for a second or subsequent plea 442
of guilty to, or judicial finding of guilt of, a violation of 443
section 2919.123 of the Revised Code, the disciplinary action 444
shall consist of a suspension of the individual's certificate to 445
practice for a period of at least one year or, if determined 446
appropriate by the board, a more serious sanction involving the 447
individual's certificate to practice. Any consent agreement 448
entered into under this division with an individual that pertains 449
to a second or subsequent plea of guilty to, or judicial finding 450
of guilt of, a violation of that section shall provide for a 451
suspension of the individual's certificate to practice for a 452
period of at least one year or, if determined appropriate by the 453
board, a more serious sanction involving the individual's 454
certificate to practice.455

       (D) For purposes of divisions (B)(10), (12), and (14) of this 456
section, the commission of the act may be established by a finding 457
by the board, pursuant to an adjudication under Chapter 119. of 458
the Revised Code, that the individual committed the act. The board 459
does not have jurisdiction under those divisions if the trial 460
court renders a final judgment in the individual's favor and that 461
judgment is based upon an adjudication on the merits. The board 462
has jurisdiction under those divisions if the trial court issues 463
an order of dismissal upon technical or procedural grounds.464

       (E) The sealing of conviction records by any court shall have 465
no effect upon a prior board order entered under this section or 466
upon the board's jurisdiction to take action under this section 467
if, based upon a plea of guilty, a judicial finding of guilt, or a 468
judicial finding of eligibility for intervention in lieu of 469
conviction, the board issued a notice of opportunity for a hearing 470
prior to the court's order to seal the records. The board shall 471
not be required to seal, destroy, redact, or otherwise modify its 472
records to reflect the court's sealing of conviction records.473

       (F)(1) The board shall investigate evidence that appears to 474
show that a person has violated any provision of this chapter or 475
any rule adopted under it. Any person may report to the board in a 476
signed writing any information that the person may have that 477
appears to show a violation of any provision of this chapter or 478
any rule adopted under it. In the absence of bad faith, any person 479
who reports information of that nature or who testifies before the 480
board in any adjudication conducted under Chapter 119. of the 481
Revised Code shall not be liable in damages in a civil action as a 482
result of the report or testimony. Each complaint or allegation of 483
a violation received by the board shall be assigned a case number 484
and shall be recorded by the board.485

       (2) Investigations of alleged violations of this chapter or 486
any rule adopted under it shall be supervised by the supervising 487
member elected by the board in accordance with section 4731.02 of 488
the Revised Code and by the secretary as provided in section 489
4731.39 of the Revised Code. The president may designate another 490
member of the board to supervise the investigation in place of the 491
supervising member. No member of the board who supervises the 492
investigation of a case shall participate in further adjudication 493
of the case.494

       (3) In investigating a possible violation of this chapter or 495
any rule adopted under this chapter, the board may administer 496
oaths, order the taking of depositions, inspect and copy any 497
books, accounts, papers, records, or documents, issue subpoenas, 498
and compel the attendance of witnesses and production of books, 499
accounts, papers, records, documents, and testimony, except that a 500
subpoena for patient record information shall not be issued 501
without consultation with the attorney general's office and 502
approval of the secretary and supervising member of the board. 503
Before issuance of a subpoena for patient record information, the 504
secretary and supervising member shall determine whether there is 505
probable cause to believe that the complaint filed alleges a 506
violation of this chapter or any rule adopted under it and that 507
the records sought are relevant to the alleged violation and 508
material to the investigation. The subpoena may apply only to 509
records that cover a reasonable period of time surrounding the 510
alleged violation.511

       On failure to comply with any subpoena issued by the board 512
and after reasonable notice to the person being subpoenaed, the 513
board may move for an order compelling the production of persons 514
or records pursuant to the Rules of Civil Procedure.515

       A subpoena issued by the board may be served by a sheriff, 516
the sheriff's deputy, or a board employee designated by the board. 517
Service of a subpoena issued by the board may be made by 518
delivering a copy of the subpoena to the person named therein, 519
reading it to the person, or leaving it at the person's usual 520
place of residence. When the person being served is a person whose 521
practice is authorized by this chapter, service of the subpoena 522
may be made by certified mail, restricted delivery, return receipt 523
requested, and the subpoena shall be deemed served on the date 524
delivery is made or the date the person refuses to accept 525
delivery.526

       A sheriff's deputy who serves a subpoena shall receive the 527
same fees as a sheriff. Each witness who appears before the board 528
in obedience to a subpoena shall receive the fees and mileage 529
provided for under section 119.094 of the Revised Code.530

       (4) All hearings and investigations of the board shall be 531
considered civil actions for the purposes of section 2305.252 of 532
the Revised Code.533

       (5) Information received by the board pursuant to an 534
investigation is confidential and not subject to discovery in any 535
civil action.536

       The board shall conduct all investigations and proceedings in 537
a manner that protects the confidentiality of patients and persons 538
who file complaints with the board. The board shall not make 539
public the names or any other identifying information about 540
patients or complainants unless proper consent is given or, in the 541
case of a patient, a waiver of the patient privilege exists under 542
division (B) of section 2317.02 of the Revised Code, except that 543
consent or a waiver of that nature is not required if the board 544
possesses reliable and substantial evidence that no bona fide 545
physician-patient relationship exists.546

       The board may share any information it receives pursuant to 547
an investigation, including patient records and patient record 548
information, with law enforcement agencies, other licensing 549
boards, and other governmental agencies that are prosecuting, 550
adjudicating, or investigating alleged violations of statutes or 551
administrative rules. An agency or board that receives the 552
information shall comply with the same requirements regarding 553
confidentiality as those with which the state medical board must 554
comply, notwithstanding any conflicting provision of the Revised 555
Code or procedure of the agency or board that applies when it is 556
dealing with other information in its possession. In a judicial 557
proceeding, the information may be admitted into evidence only in 558
accordance with the Rules of Evidence, but the court shall require 559
that appropriate measures are taken to ensure that confidentiality 560
is maintained with respect to any part of the information that 561
contains names or other identifying information about patients or 562
complainants whose confidentiality was protected by the state 563
medical board when the information was in the board's possession. 564
Measures to ensure confidentiality that may be taken by the court 565
include sealing its records or deleting specific information from 566
its records.567

       (6) On a quarterly basis, the board shall prepare a report 568
that documents the disposition of all cases during the preceding 569
three months. The report shall contain the following information 570
for each case with which the board has completed its activities:571

       (a) The case number assigned to the complaint or alleged 572
violation;573

       (b) The type of certificate to practice, if any, held by the 574
individual against whom the complaint is directed;575

       (c) A description of the allegations contained in the 576
complaint;577

       (d) The disposition of the case.578

       The report shall state how many cases are still pending and 579
shall be prepared in a manner that protects the identity of each 580
person involved in each case. The report shall be a public record 581
under section 149.43 of the Revised Code.582

       (G) If the secretary and supervising member determine both of 583
the following, they may recommend that the board suspend an 584
individual's certificate to practice without a prior hearing:585

       (1) That there is clear and convincing evidence that an 586
individual has violated division (B) of this section;587

       (2) That the individual's continued practice presents a 588
danger of immediate and serious harm to the public. 589

        Written allegations shall be prepared for consideration by 590
the board. The board, upon review of those allegations and by an 591
affirmative vote of not fewer than six of its members, excluding 592
the secretary and supervising member, may suspend a certificate 593
without a prior hearing. A telephone conference call may be 594
utilized for reviewing the allegations and taking the vote on the 595
summary suspension.596

       The board shall issue a written order of suspension by 597
certified mail or in person in accordance with section 119.07 of 598
the Revised Code. The order shall not be subject to suspension by 599
the court during pendency of any appeal filed under section 119.12 600
of the Revised Code. If the individual subject to the summary 601
suspension requests an adjudicatory hearing by the board, the date 602
set for the hearing shall be within fifteen days, but not earlier 603
than seven days, after the individual requests the hearing, unless 604
otherwise agreed to by both the board and the individual.605

       Any summary suspension imposed under this division shall 606
remain in effect, unless reversed on appeal, until a final 607
adjudicative order issued by the board pursuant to this section 608
and Chapter 119. of the Revised Code becomes effective. The board 609
shall issue its final adjudicative order within seventy-five days 610
after completion of its hearing. A failure to issue the order 611
within seventy-five days shall result in dissolution of the 612
summary suspension order but shall not invalidate any subsequent, 613
final adjudicative order.614

       (H) If the board takes action under division (B)(9), (11), or 615
(13) of this section and the judicial finding of guilt, guilty 616
plea, or judicial finding of eligibility for intervention in lieu 617
of conviction is overturned on appeal, upon exhaustion of the 618
criminal appeal, a petition for reconsideration of the order may 619
be filed with the board along with appropriate court documents. 620
Upon receipt of a petition of that nature and supporting court 621
documents, the board shall reinstate the individual's certificate 622
to practice. The board may then hold an adjudication under Chapter 623
119. of the Revised Code to determine whether the individual 624
committed the act in question. Notice of an opportunity for a 625
hearing shall be given in accordance with Chapter 119. of the 626
Revised Code. If the board finds, pursuant to an adjudication held 627
under this division, that the individual committed the act or if 628
no hearing is requested, the board may order any of the sanctions 629
identified under division (B) of this section.630

       (I) The certificate to practice issued to an individual under 631
this chapter and the individual's practice in this state are 632
automatically suspended as of the date of the individual's second 633
or subsequent plea of guilty to, or judicial finding of guilt of, 634
a violation of section 2919.123 of the Revised Code, or the date 635
the individual pleads guilty to, is found by a judge or jury to be 636
guilty of, or is subject to a judicial finding of eligibility for 637
intervention in lieu of conviction in this state or treatment or 638
intervention in lieu of conviction in another jurisdiction for any 639
of the following criminal offenses in this state or a 640
substantially equivalent criminal offense in another jurisdiction: 641
aggravated murder, murder, voluntary manslaughter, felonious 642
assault, kidnapping, rape, sexual battery, gross sexual 643
imposition, aggravated arson, aggravated robbery, or aggravated 644
burglary. Continued practice after suspension shall be considered 645
practicing without a certificate.646

       The board shall notify the individual subject to the 647
suspension by certified mail or in person in accordance with 648
section 119.07 of the Revised Code. If an individual whose 649
certificate is automatically suspended under this division fails 650
to make a timely request for an adjudication under Chapter 119. of 651
the Revised Code, the board shall do whichever of the following is 652
applicable:653

       (1) If the automatic suspension under this division is for a 654
second or subsequent plea of guilty to, or judicial finding of 655
guilt of, a violation of section 2919.123 of the Revised Code, the 656
board shall enter an order suspending the individual's certificate 657
to practice for a period of at least one year or, if determined 658
appropriate by the board, imposing a more serious sanction 659
involving the individual's certificate to practice.660

       (2) In all circumstances in which division (I)(1) of this 661
section does not apply, enter a final order permanently revoking 662
the individual's certificate to practice.663

       (J) If the board is required by Chapter 119. of the Revised 664
Code to give notice of an opportunity for a hearing and if the 665
individual subject to the notice does not timely request a hearing 666
in accordance with section 119.07 of the Revised Code, the board 667
is not required to hold a hearing, but may adopt, by an 668
affirmative vote of not fewer than six of its members, a final 669
order that contains the board's findings. In that final order, the 670
board may order any of the sanctions identified under division (A) 671
or (B) of this section.672

       (K) Any action taken by the board under division (B) of this 673
section resulting in a suspension from practice shall be 674
accompanied by a written statement of the conditions under which 675
the individual's certificate to practice may be reinstated. The 676
board shall adopt rules governing conditions to be imposed for 677
reinstatement. Reinstatement of a certificate suspended pursuant 678
to division (B) of this section requires an affirmative vote of 679
not fewer than six members of the board.680

       (L) When the board refuses to grant a certificate to an 681
applicant, revokes an individual's certificate to practice, 682
refuses to register an applicant, or refuses to reinstate an 683
individual's certificate to practice, the board may specify that 684
its action is permanent. An individual subject to a permanent 685
action taken by the board is forever thereafter ineligible to hold 686
a certificate to practice and the board shall not accept an 687
application for reinstatement of the certificate or for issuance 688
of a new certificate.689

       (M) Notwithstanding any other provision of the Revised Code, 690
all of the following apply:691

       (1) The surrender of a certificate issued under this chapter 692
shall not be effective unless or until accepted by the board. A 693
telephone conference call may be utilized for acceptance of the 694
surrender of an individual's certificate to practice. The 695
telephone conference call shall be considered a special meeting 696
under division (F) of section 121.22 of the Revised Code. 697
Reinstatement of a certificate surrendered to the board requires 698
an affirmative vote of not fewer than six members of the board.699

       (2) An application for a certificate made under the 700
provisions of this chapter may not be withdrawn without approval 701
of the board.702

       (3) Failure by an individual to renew a certificate of 703
registration in accordance with this chapter shall not remove or 704
limit the board's jurisdiction to take any disciplinary action 705
under this section against the individual.706

       (N) Sanctions shall not be imposed under division (B)(28) of 707
this section against any person who waives deductibles and 708
copayments as follows:709

       (1) In compliance with the health benefit plan that expressly 710
allows such a practice. Waiver of the deductibles or copayments 711
shall be made only with the full knowledge and consent of the plan 712
purchaser, payer, and third-party administrator. Documentation of 713
the consent shall be made available to the board upon request.714

       (2) For professional services rendered to any other person 715
authorized to practice pursuant to this chapter, to the extent 716
allowed by this chapter and rules adopted by the board.717

       (O) Under the board's investigative duties described in this 718
section and subject to division (F) of this section, the board 719
shall develop and implement a quality intervention program 720
designed to improve through remedial education the clinical and 721
communication skills of individuals authorized under this chapter 722
to practice medicine and surgery, osteopathic medicine and 723
surgery, and podiatric medicine and surgery. In developing and 724
implementing the quality intervention program, the board may do 725
all of the following:726

       (1) Offer in appropriate cases as determined by the board an 727
educational and assessment program pursuant to an investigation 728
the board conducts under this section;729

       (2) Select providers of educational and assessment services, 730
including a quality intervention program panel of case reviewers;731

       (3) Make referrals to educational and assessment service 732
providers and approve individual educational programs recommended 733
by those providers. The board shall monitor the progress of each 734
individual undertaking a recommended individual educational 735
program.736

       (4) Determine what constitutes successful completion of an 737
individual educational program and require further monitoring of 738
the individual who completed the program or other action that the 739
board determines to be appropriate;740

       (5) Adopt rules in accordance with Chapter 119. of the 741
Revised Code to further implement the quality intervention 742
program.743

       An individual who participates in an individual educational 744
program pursuant to this division shall pay the financial 745
obligations arising from that educational program.746

       Sec. 4731.222. Before restoring to good standing(A) This 747
section applies to both of the following:748

       (1) An applicant seeking restoration of a certificate issued 749
under this chapter that has been in a suspended or inactive state 750
for any cause for more than two years, or before issuing;751

       (2) An applicant seeking issuance of a certificate pursuant 752
to section 4731.29, 4731.295, 4731.57, or 4731.571 of the Revised 753
Code to an applicant who for more than two years has not been 754
engaged in the practice of medicine and surgery, osteopathic 755
medicine and surgery, podiatric medicine and surgery, or a limited 756
branch of medicine as anany of the following:757

       (a) An active practitioner, as a;758

       (b) A participant in a program of graduate medical education, 759
as defined in section 4731.091 of the Revised Code, as a;760

       (c) A student in a college of podiatry determined by the 761
state medical board to be in good standing, or as a;762

       (d) A student in a school, college, or institution giving 763
instruction in a limited branch of medicine determined by the 764
board to be in good standing under section 4731.194731.16 of the 765
Revised Code, the state medical board may require the applicant to 766
pass an oral or written examination, or both, to determine the 767
applicant's present fitness to resume practice.768

       The authority of(B) Before restoring a certificate to good 769
standing for or issuing a certificate to an applicant subject to 770
this section, the state medical board tomay impose terms and 771
conditions includesincluding the following:772

       (A)(1) Requiring the applicant to pass an oral or written 773
examination, or both, to determine the applicant's present fitness 774
to resume practice;775

       (2) Requiring the applicant to obtain additional training and 776
to pass an examination upon completion of such training;777

       (B)(3) Restricting or limiting the extent, scope, or type of 778
practice of the applicant.779

       The board shall consider the moral background and the 780
activities of the applicant during the period of suspension or 781
inactivity, in accordance with section 4731.08 of the Revised 782
Code. The board shall not restore a certificate under this section 783
unless the applicant complies with sections 4776.01 to 4776.04 of 784
the Revised Code.785

       Sec. 4731.224.  (A) Within sixty days after the imposition of 786
any formal disciplinary action taken by any health care facility, 787
including a hospital, health care facility operated by a health 788
insuring corporation, ambulatory surgical center, or similar 789
facility, against any individual holding a valid certificate to 790
practice issued pursuant to this chapter, the chief administrator 791
or executive officer of the facility shall report to the state 792
medical board the name of the individual, the action taken by the 793
facility, and a summary of the underlying facts leading to the 794
action taken. Upon request, the board shall be provided certified 795
copies of the patient records that were the basis for the 796
facility's action. Prior to release to the board, the summary 797
shall be approved by the peer review committee that reviewed the 798
case or by the governing board of the facility. As used in this 799
division, "formal disciplinary action" means any action resulting 800
in the revocation, restriction, reduction, or termination of 801
clinical privileges for violations of professional ethics, or for 802
reasons of medical incompetence, medical malpractice, or drug or 803
alcohol abuse. "Formal disciplinary action" includes a summary 804
action, an action that takes effect notwithstanding any appeal 805
rights that may exist, and an action that results in an individual 806
surrendering clinical privileges while under investigation and 807
during proceedings regarding the action being taken or in return 808
for not being investigated or having proceedings held. "Formal 809
disciplinary action" does not include any action taken for the 810
sole reason of failure to maintain records on a timely basis or 811
failure to attend staff or section meetings.812

       The filing or nonfiling of a report with the board, 813
investigation by the board, or any disciplinary action taken by 814
the board, shall not preclude any action by a health care facility 815
to suspend, restrict, or revoke the individual's clinical 816
privileges.817

       In the absence of fraud or bad faith, no individual or entity 818
that provides patient records to the board shall be liable in 819
damages to any person as a result of providing the records.820

       (B) If any individual authorized to practice under this 821
chapter or any professional association or society of such 822
individuals believes that a violation of any provision of this 823
chapter, Chapter 4730., 4760., 4762., or 4774., or 4778. of the 824
Revised Code, or any rule of the board has occurred, the 825
individual, association, or society shall report to the board the 826
information upon which the belief is based. This division does not 827
require any treatment provider approved by the board under section 828
4731.25 of the Revised Code or any employee, agent, or 829
representative of such a provider to make reports with respect to 830
an impaired practitioner participating in treatment or aftercare 831
for substance abuse as long as the practitioner maintains 832
participation in accordance with the requirements of section 833
4731.25 of the Revised Code, and as long as the treatment provider 834
or employee, agent, or representative of the provider has no 835
reason to believe that the practitioner has violated any provision 836
of this chapter or any rule adopted under it, other than the 837
provisions of division (B)(26) of section 4731.22 of the Revised 838
Code. This division does not require reporting by any member of an 839
impaired practitioner committee established by a health care 840
facility or by any representative or agent of a committee or 841
program sponsored by a professional association or society of 842
individuals authorized to practice under this chapter to provide 843
peer assistance to practitioners with substance abuse problems 844
with respect to a practitioner who has been referred for 845
examination to a treatment program approved by the board under 846
section 4731.25 of the Revised Code if the practitioner cooperates 847
with the referral for examination and with any determination that 848
the practitioner should enter treatment and as long as the 849
committee member, representative, or agent has no reason to 850
believe that the practitioner has ceased to participate in the 851
treatment program in accordance with section 4731.25 of the 852
Revised Code or has violated any provision of this chapter or any 853
rule adopted under it, other than the provisions of division 854
(B)(26) of section 4731.22 of the Revised Code.855

       (C) Any professional association or society composed 856
primarily of doctors of medicine and surgery, doctors of 857
osteopathic medicine and surgery, doctors of podiatric medicine 858
and surgery, or practitioners of limited branches of medicine that 859
suspends or revokes an individual's membership for violations of 860
professional ethics, or for reasons of professional incompetence 861
or professional malpractice, within sixty days after a final 862
decision shall report to the board, on forms prescribed and 863
provided by the board, the name of the individual, the action 864
taken by the professional organization, and a summary of the 865
underlying facts leading to the action taken.866

       The filing of a report with the board or decision not to file 867
a report, investigation by the board, or any disciplinary action 868
taken by the board, does not preclude a professional organization 869
from taking disciplinary action against an individual.870

       (D) Any insurer providing professional liability insurance to 871
an individual authorized to practice under this chapter, or any 872
other entity that seeks to indemnify the professional liability of 873
such an individual, shall notify the board within thirty days 874
after the final disposition of any written claim for damages where 875
such disposition results in a payment exceeding twenty-five 876
thousand dollars. The notice shall contain the following 877
information:878

       (1) The name and address of the person submitting the 879
notification;880

       (2) The name and address of the insured who is the subject of 881
the claim;882

       (3) The name of the person filing the written claim;883

       (4) The date of final disposition;884

       (5) If applicable, the identity of the court in which the 885
final disposition of the claim took place.886

       (E) The board may investigate possible violations of this 887
chapter or the rules adopted under it that are brought to its 888
attention as a result of the reporting requirements of this 889
section, except that the board shall conduct an investigation if a 890
possible violation involves repeated malpractice. As used in this 891
division, "repeated malpractice" means three or more claims for 892
medical malpractice within the previous five-year period, each 893
resulting in a judgment or settlement in excess of twenty-five 894
thousand dollars in favor of the claimant, and each involving 895
negligent conduct by the practicing individual.896

       (F) All summaries, reports, and records received and 897
maintained by the board pursuant to this section shall be held in 898
confidence and shall not be subject to discovery or introduction 899
in evidence in any federal or state civil action involving a 900
health care professional or facility arising out of matters that 901
are the subject of the reporting required by this section. The 902
board may use the information obtained only as the basis for an 903
investigation, as evidence in a disciplinary hearing against an 904
individual whose practice is regulated under this chapter, or in 905
any subsequent trial or appeal of a board action or order.906

       The board may disclose the summaries and reports it receives 907
under this section only to health care facility committees within 908
or outside this state that are involved in credentialing or 909
recredentialing the individual or in reviewing the individual's 910
clinical privileges. The board shall indicate whether or not the 911
information has been verified. Information transmitted by the 912
board shall be subject to the same confidentiality provisions as 913
when maintained by the board.914

       (G) Except for reports filed by an individual pursuant to 915
division (B) of this section, the board shall send a copy of any 916
reports or summaries it receives pursuant to this section to the 917
individual who is the subject of the reports or summaries. The 918
individual shall have the right to file a statement with the board 919
concerning the correctness or relevance of the information. The 920
statement shall at all times accompany that part of the record in 921
contention.922

       (H) An individual or entity that, pursuant to this section, 923
reports to the board or refers an impaired practitioner to a 924
treatment provider approved by the board under section 4731.25 of 925
the Revised Code shall not be subject to suit for civil damages as 926
a result of the report, referral, or provision of the information.927

       (I) In the absence of fraud or bad faith, no professional 928
association or society of individuals authorized to practice under 929
this chapter that sponsors a committee or program to provide peer 930
assistance to practitioners with substance abuse problems, no 931
representative or agent of such a committee or program, and no 932
member of the state medical board shall be held liable in damages 933
to any person by reason of actions taken to refer a practitioner 934
to a treatment provider approved under section 4731.25 of the 935
Revised Code for examination or treatment.936

       Sec. 4731.24.  Except as provided in sections 4731.281 and 937
4731.40 of the Revised Code, all receipts of the state medical 938
board, from any source, shall be deposited in the state treasury. 939
Until July 1, 1998, the funds shall be deposited to the credit of 940
the occupational licensing and regulatory fund. On and after July 941
1, 1998, the funds shall be deposited to the credit of the state 942
medical board operating fund, which is hereby created on July 1, 943
1998. All funds deposited into the state treasury under this 944
section shall be used solely for the administration and 945
enforcement of this chapter and Chapters 4730., 4760., 4762., and946
4774., and 4778. of the Revised Code by the board.947

       Sec. 4731.25.  The state medical board, in accordance with 948
Chapter 119. of the Revised Code, shall adopt and may amend and 949
rescind rules establishing standards for approval of physicians 950
and facilities as treatment providers for impaired practitioners 951
who are regulated under this chapter or Chapter 4730., 4760., 952
4762., or 4774., or 4778. of the Revised Code. The rules shall 953
include standards for both inpatient and outpatient treatment. The 954
rules shall provide that in order to be approved, a treatment 955
provider must have the capability of making an initial examination 956
to determine what type of treatment an impaired practitioner 957
requires. Subject to the rules, the board shall review and approve 958
treatment providers on a regular basis. The board, at its 959
discretion, may withdraw or deny approval subject to the rules.960

       An approved impaired practitioner treatment provider shall:961

       (A) Report to the board the name of any practitioner 962
suffering or showing evidence of suffering impairment as described 963
in division (B)(5) of section 4730.25 of the Revised Code, 964
division (B)(26) of section 4731.22 of the Revised Code, division 965
(B)(6) of section 4760.13 of the Revised Code, division (B)(6) of 966
section 4762.13 of the Revised Code, or division (B)(6) of section 967
4774.13 of the Revised Code, or division (B)(6) of section 4778.14 968
of the Revised Code who fails to comply within one week with a 969
referral for examination;970

       (B) Report to the board the name of any impaired practitioner 971
who fails to enter treatment within forty-eight hours following 972
the provider's determination that the practitioner needs 973
treatment;974

       (C) Require every practitioner who enters treatment to agree 975
to a treatment contract establishing the terms of treatment and 976
aftercare, including any required supervision or restrictions of 977
practice during treatment or aftercare;978

       (D) Require a practitioner to suspend practice upon entry 979
into any required inpatient treatment;980

       (E) Report to the board any failure by an impaired 981
practitioner to comply with the terms of the treatment contract 982
during inpatient or outpatient treatment or aftercare;983

       (F) Report to the board the resumption of practice of any 984
impaired practitioner before the treatment provider has made a 985
clear determination that the practitioner is capable of practicing 986
according to acceptable and prevailing standards of care;987

       (G) Require a practitioner who resumes practice after 988
completion of treatment to comply with an aftercare contract that 989
meets the requirements of rules adopted by the board for approval 990
of treatment providers;991

       (H) Report the identity of any practitioner practicing under 992
the terms of an aftercare contract to hospital administrators, 993
medical chiefs of staff, and chairpersons of impaired practitioner 994
committees of all health care institutions at which the 995
practitioner holds clinical privileges or otherwise practices. If 996
the practitioner does not hold clinical privileges at any health 997
care institution, the treatment provider shall report the 998
practitioner's identity to the impaired practitioner committee of 999
the county medical society, osteopathic academy, or podiatric 1000
medical association in every county in which the practitioner 1001
practices. If there are no impaired practitioner committees in the 1002
county, the treatment provider shall report the practitioner's 1003
identity to the president or other designated member of the county 1004
medical society, osteopathic academy, or podiatric medical 1005
association.1006

       (I) Report to the board the identity of any practitioner who 1007
suffers a relapse at any time during or following aftercare.1008

       Any individual authorized to practice under this chapter who 1009
enters into treatment by an approved treatment provider shall be 1010
deemed to have waived any confidentiality requirements that would 1011
otherwise prevent the treatment provider from making reports 1012
required under this section.1013

       In the absence of fraud or bad faith, no person or 1014
organization that conducts an approved impaired practitioner 1015
treatment program, no member of such an organization, and no 1016
employee, representative, or agent of the treatment provider shall 1017
be held liable in damages to any person by reason of actions taken 1018
or recommendations made by the treatment provider or its 1019
employees, representatives, or agents.1020

       Sec. 4731.297.  (A) The state medical board shall issue, 1021
without examination, to an applicant who meets the requirements of 1022
this section a visiting clinical professional development 1023
certificate authorizing the practice of medicine and surgery or 1024
osteopathic medicine and surgery as part of the applicant's 1025
participation in a clinical professional development program.1026

       (B) To be eligible for a visiting clinical professional 1027
development certificate, an applicant shall provide to the board 1028
both of the following:1029

       (1) Documentation satisfactory to the board of all of the 1030
following:1031

       (a) Verification from the school or hospital conducting the 1032
program that the applicant has sufficient financial resources to 1033
support the applicant and any dependents based on the cost of 1034
living in the geographic area of the school or hospital conducting 1035
the program, including room, board, transportation, and related 1036
living expenses;1037

       (b) Valid health and evacuation insurance for the duration of 1038
the applicant's stay in the United States;1039

       (c) Professional liability insurance provided by the program 1040
or the school or hospital conducting the program for the duration 1041
of the applicant's participation in the program;1042

       (d) Proficiency in spoken English as demonstrated by passing 1043
the examination described in section 4731.142 of the Revised Code;1044

       (e) A description from the school or hospital conducting the 1045
program of the scope of medical or surgical activities permitted 1046
during the applicant's participation in the program that includes 1047
all of the following:1048

        (i) The type of practice in which the applicant will be 1049
involved;1050

        (ii) The type of patient contact that will occur;1051

        (iii) The type of supervision the applicant will experience;1052

        (iv) A list of procedures the applicant will learn;1053

        (v) A list of any patient-based research projects in which 1054
the applicant will be involved;1055

        (vi) Whether the applicant will act as a consultant to a 1056
person who holds a certificate to practice medicine and surgery or 1057
osteopathic medicine and surgery issued under this chapter;1058

        (vii) Any other details of the applicant's participation in 1059
the program.1060

        (f) A statement from the school or hospital conducting the 1061
program regarding why the applicant needs advanced training and 1062
the benefits to the applicant's home country of the applicant 1063
receiving the training.1064

       (2) Evidence satisfactory to the board that the applicant 1065
meets all of the following requirements:1066

       (a) Has been accepted for participation in a clinical 1067
professional development program of a medical school or 1068
osteopathic medical school in this state that is accredited by the 1069
liaison committee on medical education or the American osteopathic 1070
association or of a teaching hospital affiliated with such a 1071
medical school;1072

       (b) Is an international medical graduate who holds a medical 1073
degree from an educational institution listed in the international 1074
medical education directory;1075

       (c) Has practiced medicine and surgery or osteopathic 1076
medicine and surgery for at least five years after completing 1077
graduate medical education, including postgraduate residency and 1078
advanced training;1079

       (d) Has credentials that are primary-source verified by the 1080
educational commission for foreign medical graduates or the 1081
federation credentials verification service;1082

       (e) Holds a current, unrestricted license to practice 1083
medicine and surgery or osteopathic medicine and surgery issued in 1084
another country;1085

       (f) Agrees to comply with all state and federal laws 1086
regarding health, health care, and patient privacy;1087

       (g) Agrees to return to the applicant's home state or country 1088
at the conclusion of the clinical professional development 1089
program.1090

       (C) The applicant shall pay a fee of three hundred 1091
seventy-five dollars. The board shall maintain a register of all 1092
persons who hold visiting clinical professional development 1093
certificates.1094

       (D) The holder of a visiting clinical professional 1095
development certificate may practice medicine and surgery or 1096
osteopathic medicine and surgery only as part of the clinical 1097
professional development program in which the certificate holder 1098
participates. The certificate holder's practice must be under the 1099
direct supervision of a qualified faculty member of the medical 1100
school, osteopathic medical school, or teaching hospital 1101
conducting the program who holds a certificate to practice 1102
medicine and surgery or osteopathic medicine and surgery issued 1103
under this chapter.1104

       The program in which the certificate holder participates 1105
shall ensure that the certificate holder does not do any of the 1106
following:1107

        (1) Write orders or prescribe medication;1108

        (2) Bill for services performed;1109

        (3) Occupy a residency or fellowship position approved by the 1110
accreditation council for graduate medical education;1111

        (4) Attempt to have participation in a clinical professional 1112
development program pursuant to this section counted toward 1113
meeting the graduate medical education requirements specified in 1114
section 4731.091 of the Revised Code.1115

       (E) The board may revoke a certificate issued under this 1116
section on receiving proof satisfactory to the board that the 1117
certificate holder has engaged in practice in this state outside 1118
the scope of the certificate or that there are grounds for action 1119
against the certificate holder under section 4731.22 of the 1120
Revised Code.1121

       (F) A visiting clinical professional development certificate 1122
is valid for the shorter of one year or the duration of the 1123
program in which the holder is participating. The certificate 1124
ceases to be valid if the holder resigns or is otherwise 1125
terminated from the program. The certificate may not be extended.1126

       (G) The program in which a certificate holder participates 1127
shall obtain from each patient or patient's parent or legal 1128
guardian written consent to any medical or surgical procedure or 1129
course of procedures in which the certificate holder participates.1130

       (H) The board may adopt any rules it considers necessary to 1131
implement this section. The rules shall be adopted in accordance 1132
with Chapter 119. of the Revised Code.1133

       Sec. 4778.01.  As used in this chapter:1134

       (A) "American board of genetic counseling" means the 1135
organization known by that name, its successor organization, or an 1136
equivalent organization recognized by the state medical board.1137

        (B) "American board of medical genetics" means the 1138
organization known by that name, its successor organization, or an 1139
equivalent organization recognized by the state medical board.1140

       (C) "Certified genetic counselor" means either of the 1141
following:1142

       (1) An individual who possesses the certified genetic 1143
counselor credential from the American board of genetic 1144
counseling;1145

       (2) An individual who is a diplomate of the American board of 1146
medical genetics.1147

       (D) "Collaborating physician" means a physician who has 1148
entered into a collaborative agreement with a genetic counselor 1149
under division (B) of section 4778.11 of the Revised Code.1150

        (E) "Collaborative agreement" means the document that is 1151
established under division (B) of section 4778.11 of the Revised 1152
Code by a genetic counselor and the genetic counselor's 1153
collaborating physician. 1154

       (F) "Genetic counselor" means an individual who engages in 1155
any of the activities authorized under section 4778.11 of the 1156
Revised Code.1157

       (G) "National society of genetic counselors" means the 1158
organization known by that name, its successor organization, or an 1159
equivalent organization recognized by the state medical board. 1160

       (H) "Physician" means an individual authorized under Chapter 1161
4731. of the Revised Code to practice medicine and surgery or 1162
osteopathic medicine and surgery.1163

       Sec. 4778.02.  (A)(1) Except as provided in division (B) of 1164
this section, no person shall practice as a genetic counselor 1165
unless the person holds a current, valid license to practice as a 1166
genetic counselor issued under this chapter.1167

       (2) No person shall use the title "genetic counselor," or 1168
otherwise hold the person out as a genetic counselor, unless the 1169
person holds a current, valid license to practice as a genetic 1170
counselor issued under this chapter.1171

       (B) Division (A)(1) of this section does not apply to either 1172
of the following:1173

       (1) A student performing an activity as part of a genetic 1174
counseling graduate program described in division (B)(2) of 1175
section 4778.03 of the Revised Code;1176

       (2) A person who is authorized pursuant to another provision 1177
of the Revised Code to perform any of the activities that a 1178
genetic counselor is authorized to perform.1179

       Sec. 4778.03.  (A) An individual seeking a license to 1180
practice as a genetic counselor shall file with the state medical 1181
board an application in a manner prescribed by the board. The 1182
application shall include all the information the board considers 1183
necessary to process the application, including evidence 1184
satisfactory to the board that the applicant meets the 1185
requirements specified in division (B) of this section.1186

       At the time an application is submitted, the applicant shall 1187
pay the board an application fee of two hundred dollars. No part 1188
of the fee shall be returned to the applicant or transferred for 1189
purposes of another application.1190

       (B) To be eligible to receive a license to practice as a 1191
genetic counselor, an applicant shall demonstrate to the board 1192
that the applicant meets all of the following requirements:1193

       (1) Is at least eighteen years of age and of good moral 1194
character;1195

       (2) Has attained a master's degree or higher degree from a 1196
genetic counseling graduate program accredited by the American 1197
board of genetic counseling, inc.;1198

       (3) Is a certified genetic counselor;1199

       (4) Has satisfied any other requirements established by the 1200
board in rules adopted under section 4778.12 of the Revised Code.1201

       (C) The board shall review all applications received under 1202
this section. Not later than sixty days after receiving an 1203
application it considers complete, the board shall determine 1204
whether the applicant meets the requirements for a license to 1205
practice as a genetic counselor. The affirmative vote of not fewer 1206
than six members of the board is required to determine that the 1207
applicant meets the requirements for the license.1208

       Sec. 4778.04.  In addition to any other eligibility 1209
requirement set forth in this chapter, each applicant for a 1210
license to practice as a genetic counselor shall comply with 1211
sections 4776.01 to 4776.04 of the Revised Code. The state medical 1212
board shall not grant to an applicant a license to practice as a 1213
genetic counselor unless the board, in its discretion, decides 1214
that the results of the criminal records check do not make the 1215
applicant ineligible for a license issued pursuant to section 1216
4778.05 of the Revised Code.1217

       Sec. 4778.05.  If the state medical board determines under 1218
section 4778.03 of the Revised Code that an applicant meets the 1219
requirements for a license to practice as a genetic counselor, the 1220
secretary of the board shall issue the license to the applicant. 1221
The license shall expire biennially and may be renewed in 1222
accordance with section 4778.06 of the Revised Code.1223

       Sec. 4778.06. (A) An individual seeking to renew a license to 1224
practice as a genetic counselor shall, on or before the 1225
thirty-first day of January of each even-numbered year, apply for 1226
renewal of the license. The state medical board shall send renewal 1227
notices at least one month prior to the expiration date. 1228

       Renewal applications shall be submitted to the board in a 1229
manner prescribed by the board. Each application shall be 1230
accompanied by a biennial renewal fee of one hundred fifty 1231
dollars.1232

       The applicant shall report any criminal offense to which the 1233
applicant has pleaded guilty, of which the applicant has been 1234
found guilty, or for which the applicant has been found eligible 1235
for intervention in lieu of conviction, since last signing an 1236
application for a license to practice as a genetic counselor.1237

       (B) To be eligible for renewal, a genetic counselor shall 1238
certify to the board that the counselor has done both of the 1239
following:1240

       (1) Maintained the counselor's status as a certified genetic 1241
counselor;1242

       (2) Completed at least thirty hours of continuing education 1243
in genetic counseling that has been approved by the national 1244
society of genetic counselors or American board of genetic 1245
counseling.1246

       (C) If an applicant submits a renewal application that the 1247
board considers to be complete and qualifies for renewal pursuant 1248
to division (B) of this section, the board shall issue to the 1249
applicant a renewed license to practice as a genetic counselor.1250

       (D) The board may require a random sample of genetic 1251
counselors to submit materials documenting that their status as 1252
certified genetic counselors has been maintained and that the 1253
number of hours of continuing education required under division 1254
(B)(2) of this section has been completed.1255

        If a genetic counselor certifies that the genetic counselor 1256
has completed the number of hours and type of continuing education 1257
required for renewal of a license, and the board finds through the 1258
random sample or any other means that the genetic counselor did 1259
not complete the requisite continuing education, the board may 1260
impose a civil penalty of not more than five thousand dollars. The 1261
board's finding shall be made pursuant to an adjudication under 1262
Chapter 119. of the Revised Code and by an affirmative vote of not 1263
fewer than six members. A civil penalty imposed under this 1264
division may be in addition to or in lieu of any other action the 1265
board may take under section 4778.14 of the Revised Code. 1266

       Sec. 4778.07. (A) A license to practice as a genetic 1267
counselor issued under section 4778.05 of the Revised Code that is 1268
not renewed on or before its expiration date is automatically 1269
suspended on its expiration date. Continued practice after 1270
suspension shall be considered as practicing in violation of 1271
section 4778.02 of the Revised Code.1272

        (B) If a license has been suspended pursuant to this section 1273
for two years or less, the board shall reinstate the license upon 1274
an applicant's submission of a complete renewal application, the 1275
biennial renewal fee, and a monetary penalty of twenty-five 1276
dollars.1277

        (C)(1) If a license has been suspended pursuant to this 1278
section for more than two years, it may be restored upon an 1279
applicant's submission of a complete restoration application, the 1280
biennial renewal fee, and a monetary penalty of fifty dollars and 1281
compliance with sections 4776.01 to 4776.04 of the Revised Code. 1282
The board shall not restore a license unless the board, in its 1283
discretion, decides that the results of the criminal records check 1284
do not make the applicant ineligible for a license issued pursuant 1285
to section 4778.05 of the Revised Code.1286

       (2) The board may impose terms and conditions for the 1287
restoration, including the following:1288

       (a) Requiring the applicant to pass an oral or written 1289
examination, or both, to determine the applicant's present fitness 1290
to resume practice;1291

       (b) Requiring the applicant to obtain additional training and 1292
to pass an examination upon completion of such training;1293

       (c) Restricting or limiting the extent, scope, or type of 1294
practice of the applicant.1295

       Sec. 4778.08.  (A) The state medical board may issue to an 1296
applicant under section 4778.03 of the Revised Code a license to 1297
practice as a genetic counselor, designated as a supervised 1298
practice license, if both of the following apply:1299

       (1) The applicant meets the requirements specified in section 1300
4778.03 of the Revised Code other than being a certified genetic 1301
counselor;1302

       (2) The applicant is in active candidate status with the 1303
American board of genetic counseling.1304

       (B) A supervised practice license authorizes the holder to 1305
engage in the activities authorized by section 4778.11 of the 1306
Revised Code while the holder is under the general supervision of 1307
a genetic counselor licensed under section 4778.05 of the Revised 1308
Code or a physician. General supervision does not require the 1309
supervising licensed genetic counselor or physician to be present 1310
while the holder engages in such activities, but does require the 1311
licensed genetic counselor or physician to have professional 1312
responsibility for the holder and be readily accessible to the 1313
holder for professional consultation and assistance. 1314

       A supervised practice license is valid from the date of 1315
issuance until the earlier of one year from that date or the date 1316
a license is issued under section 4778.05 of the Revised Code. A 1317
supervised practice license may not be renewed.1318

       Sec. 4778.09. (A) The state medical board may issue a license 1319
to practice as a genetic counselor, designated as a special 1320
activity license, to an individual from another state seeking to 1321
practice in this state genetic counseling associated with a rare 1322
disease.1323

       (B) An applicant for a special activity license shall submit 1324
to the board all of the following information:1325

        (1) Evidence that the applicant holds a current, unrestricted 1326
license to practice genetic counseling issued by another state or, 1327
if the applicant practices genetic counseling in another state 1328
that does not license genetic counselors, evidence that the 1329
applicant is a certified genetic counselor;1330

        (2) Evidence that the applicant has actively practiced 1331
genetic counseling within the two-year period immediately 1332
preceding application;1333

        (3) The name of the applicant's sponsoring institution or 1334
organization, a statement of need for genetic counseling from the 1335
sponsoring institution or organization, and the name of the rare 1336
disease for which the applicant will be practicing genetic 1337
counseling in this state.1338

        (C) At the time an application is submitted, the applicant 1339
shall pay a fee of twenty-five dollars. No part of the fee shall 1340
be returned to the applicant or transferred for purposes of 1341
another application.1342

        (D) A special activity license is valid for the shorter of 1343
thirty days or the duration of the genetic counseling associated 1344
with the rare disease for which the license was issued. The 1345
license may not be renewed.1346

        (E) The holder of a special activity license may practice 1347
genetic counseling only to the extent that it is associated with 1348
the rare disease for which the license was issued. The license 1349
holder shall not bill a patient or any third party payer for 1350
genetic counseling provided in this state.1351

        (F) The board may revoke a special activity license on 1352
receiving proof satisfactory to the board that the holder of the 1353
license has engaged in practice in this state outside the scope of 1354
the license or that there are grounds for action against the 1355
license holder under section 4778.14 of the Revised Code. 1356

       Sec. 4778.10.  On application by the holder of a license to 1357
practice as a genetic counselor, the state medical board shall 1358
issue a duplicate license to replace one that is missing or 1359
damaged, to reflect a name change, or for any other reasonable 1360
cause. The fee for a duplicate license is thirty-five dollars.1361

       Sec. 4778.11. (A) An individual who holds a valid license to 1362
practice as a genetic counselor may engage in all of the following 1363
activities: 1364

       (1) Obtain and evaluate the medical histories of a patient 1365
and the patient's family members to determine the risk for genetic 1366
or medical conditions and diseases in the patient, the patient's 1367
offspring, or the patient's family members;1368

       (2) Discuss with a patient and the patient's family the 1369
features, natural history, means of diagnosis, genetic and 1370
environmental factors, and management of risk for genetic or 1371
medical conditions and diseases;1372

       (3) Identify and coordinate genetic laboratory tests and 1373
other diagnostic studies as appropriate for genetic assessment;1374

       (4) Integrate the results of genetic laboratory tests and 1375
other diagnostic tests with individual and family medical 1376
histories;1377

       (5) Explain to a patient and the patient's family the 1378
clinical implications of the results of genetic laboratory tests 1379
and other diagnostic tests;1380

       (6) Evaluate the response of a patient or the patient's 1381
family members to one or more genetic conditions or the risk of 1382
reoccurrence and provide patient-centered counseling and guidance;1383

       (7) Identify and use community resources that provide 1384
medical, educational, financial, and psychosocial support and 1385
advocacy;1386

       (8) Provide medical, genetic, and counseling information to 1387
patients, their families, and other health care professionals;1388

       (9) Pursuant to a collaborative agreement, perform the 1389
activities specified in division (B) of this section.1390

       (B) A genetic counselor may enter into a collaborative 1391
agreement with a physician who agrees to work with and provide 1392
medical support to the genetic counselor. The agreement shall be 1393
established as a written, formal document that memorializes the 1394
relationship between the genetic counselor and the physician and 1395
establishes the criteria governing the genetic counselor's 1396
performance of both of the following:1397

       (1) Order genetic or other tests for the purpose of 1398
diagnosing a medical condition or inherited disorder or 1399
determining the carrier status of one or more of the patient's 1400
family members;1401

       (2) Select the most appropriate, accurate, and cost-effective 1402
methods of diagnosis.1403

       Sec. 4778.12.  The state medical board shall adopt rules in 1404
accordance with Chapter 119. of the Revised Code to implement and 1405
administer this chapter. The rules shall include the following:1406

       (A) Any standards and procedures not addressed in this 1407
chapter that the board considers necessary for issuing and 1408
renewing licenses under this chapter;1409

        (B) Any standards and procedures the board considers 1410
necessary to govern the practice of genetic counselors, the 1411
collaborative agreements between genetic counselors and 1412
collaborating physicians, and the supervision of genetic 1413
counselors holding supervised practice licenses;1414

       (C) Any other standards and procedures the board considers 1415
necessary for the administration and enforcement of this chapter. 1416

       Sec. 4778.14. (A) The state medical board, by an affirmative 1417
vote of not fewer than six members, may revoke or may refuse to 1418
grant a license to practice as a genetic counselor to an 1419
individual found by the board to have committed fraud, 1420
misrepresentation, or deception in applying for or securing the 1421
license.1422

       (B) The board, by an affirmative vote of not fewer than six 1423
members, shall, to the extent permitted by law, limit, revoke, or 1424
suspend an individual's license to practice as a genetic 1425
counselor, refuse to issue a license to an applicant, refuse to 1426
reinstate a license, or reprimand or place on probation the holder 1427
of a license for any of the following reasons:1428

       (1) Permitting the holder's name or license to be used by 1429
another person;1430

       (2) Failure to comply with the requirements of this chapter, 1431
Chapter 4731. of the Revised Code, or any rules adopted by the 1432
board;1433

       (3) Violating or attempting to violate, directly or 1434
indirectly, or assisting in or abetting the violation of, or 1435
conspiring to violate, any provision of this chapter, Chapter 1436
4731. of the Revised Code, or the rules adopted by the board;1437

       (4) A departure from, or failure to conform to, minimal 1438
standards of care of similar practitioners under the same or 1439
similar circumstances whether or not actual injury to the patient 1440
is established;1441

       (5) Inability to practice according to acceptable and 1442
prevailing standards of care by reason of mental illness or 1443
physical illness, including physical deterioration that adversely 1444
affects cognitive, motor, or perceptive skills;1445

       (6) Impairment of ability to practice according to acceptable 1446
and prevailing standards of care because of habitual or excessive 1447
use or abuse of drugs, alcohol, or other substances that impair 1448
ability to practice;1449

       (7) Willfully betraying a professional confidence;1450

       (8) Making a false, fraudulent, deceptive, or misleading 1451
statement in securing or attempting to secure a license to 1452
practice as a genetic counselor.1453

       As used in this division, "false, fraudulent, deceptive, or 1454
misleading statement" means a statement that includes a 1455
misrepresentation of fact, is likely to mislead or deceive because 1456
of a failure to disclose material facts, is intended or is likely 1457
to create false or unjustified expectations of favorable results, 1458
or includes representations or implications that in reasonable 1459
probability will cause an ordinarily prudent person to 1460
misunderstand or be deceived.1461

       (9) The obtaining of, or attempting to obtain, money or a 1462
thing of value by fraudulent misrepresentations in the course of 1463
practice;1464

       (10) A plea of guilty to, a judicial finding of guilt of, or 1465
a judicial finding of eligibility for intervention in lieu of 1466
conviction for, a felony;1467

       (11) Commission of an act that constitutes a felony in this 1468
state, regardless of the jurisdiction in which the act was 1469
committed;1470

       (12) A plea of guilty to, a judicial finding of guilt of, or 1471
a judicial finding of eligibility for intervention in lieu of 1472
conviction for, a misdemeanor committed in the course of practice;1473

       (13) A plea of guilty to, a judicial finding of guilt of, or 1474
a judicial finding of eligibility for intervention in lieu of 1475
conviction for, a misdemeanor involving moral turpitude;1476

       (14) Commission of an act in the course of practice that 1477
constitutes a misdemeanor in this state, regardless of the 1478
jurisdiction in which the act was committed;1479

       (15) Commission of an act involving moral turpitude that 1480
constitutes a misdemeanor in this state, regardless of the 1481
jurisdiction in which the act was committed;1482

       (16) A plea of guilty to, a judicial finding of guilt of, or 1483
a judicial finding of eligibility for intervention in lieu of 1484
conviction for violating any state or federal law regulating the 1485
possession, distribution, or use of any drug, including 1486
trafficking in drugs;1487

       (17) Any of the following actions taken by an agency 1488
responsible for authorizing, certifying, or regulating an 1489
individual to practice a health care occupation or provide health 1490
care services in this state or in another jurisdiction, for any 1491
reason other than the nonpayment of fees: the limitation, 1492
revocation, or suspension of an individual's license to practice; 1493
acceptance of an individual's license surrender; denial of a 1494
license; refusal to renew or reinstate a license; imposition of 1495
probation; or issuance of an order of censure or other reprimand;1496

       (18) Violation of the conditions placed by the board on a 1497
license to practice as a genetic counselor;1498

       (19) Failure to cooperate in an investigation conducted by 1499
the board under section 4778.18 of the Revised Code, including 1500
failure to comply with a subpoena or order issued by the board or 1501
failure to answer truthfully a question presented by the board at 1502
a deposition or in written interrogatories, except that failure to 1503
cooperate with an investigation shall not constitute grounds for 1504
discipline under this section if a court of competent jurisdiction 1505
has issued an order that either quashes a subpoena or permits the 1506
individual to withhold the testimony or evidence in issue;1507

       (20) Failure to maintain the individual's status as a 1508
certified genetic counselor;1509

       (21) Failure to comply with the code of ethics established by 1510
the national society of genetic counselors.1511

       (C) Disciplinary actions taken by the board under divisions 1512
(A) and (B) of this section shall be taken pursuant to an 1513
adjudication under Chapter 119. of the Revised Code, except that 1514
in lieu of an adjudication, the board may enter into a consent 1515
agreement with a genetic counselor or applicant to resolve an 1516
allegation of a violation of this chapter or any rule adopted 1517
under it. A consent agreement, when ratified by an affirmative 1518
vote of not fewer than six members of the board, shall constitute 1519
the findings and order of the board with respect to the matter 1520
addressed in the agreement. If the board refuses to ratify a 1521
consent agreement, the admissions and findings contained in the 1522
consent agreement shall be of no force or effect.1523

       A telephone conference call may be utilized for ratification 1524
of a consent agreement that revokes or suspends an individual's 1525
license. The telephone conference call shall be considered a 1526
special meeting under division (F) of section 121.22 of the 1527
Revised Code.1528

       (D) For purposes of divisions (B)(11), (14), and (15) of this 1529
section, the commission of the act may be established by a finding 1530
by the board, pursuant to an adjudication under Chapter 119. of 1531
the Revised Code, that the applicant or license holder committed 1532
the act in question. The board shall have no jurisdiction under 1533
these divisions in cases where the trial court renders a final 1534
judgment in the license holder's favor and that judgment is based 1535
upon an adjudication on the merits. The board shall have 1536
jurisdiction under these divisions in cases where the trial court 1537
issues an order of dismissal on technical or procedural grounds.1538

       (E) The sealing of conviction records by any court shall have 1539
no effect on a prior board order entered under the provisions of 1540
this section or on the board's jurisdiction to take action under 1541
the provisions of this section if, based upon a plea of guilty, a 1542
judicial finding of guilt, or a judicial finding of eligibility 1543
for intervention in lieu of conviction, the board issued a notice 1544
of opportunity for a hearing or took other formal action under 1545
Chapter 119. of the Revised Code prior to the court's order to 1546
seal the records. The board shall not be required to seal, 1547
destroy, redact, or otherwise modify its records to reflect the 1548
court's sealing of conviction records.1549

       (F) For purposes of this division, any individual who holds a 1550
license to practice as a genetic counselor, or applies for a 1551
license, shall be deemed to have given consent to submit to a 1552
mental or physical examination when directed to do so in writing 1553
by the board and to have waived all objections to the 1554
admissibility of testimony or examination reports that constitute 1555
a privileged communication.1556

       (1) In enforcing division (B)(5) of this section, the board, 1557
on a showing of a possible violation, may compel any individual 1558
who holds a license to practice as a genetic counselor or who has 1559
applied for a license to practice as a genetic counselor to submit 1560
to a mental or physical examination, or both. A physical 1561
examination may include an HIV test. The expense of the 1562
examination is the responsibility of the individual compelled to 1563
be examined. Failure to submit to a mental or physical examination 1564
or consent to an HIV test ordered by the board constitutes an 1565
admission of the allegations against the individual unless the 1566
failure is due to circumstances beyond the individual's control, 1567
and a default and final order may be entered without the taking of 1568
testimony or presentation of evidence. If the board finds a 1569
genetic counselor unable to practice because of the reasons set 1570
forth in division (B)(5) of this section, the board shall require 1571
the genetic counselor to submit to care, counseling, or treatment 1572
by physicians approved or designated by the board, as a condition 1573
for an initial, continued, reinstated, or renewed license to 1574
practice. An individual affected by this division shall be 1575
afforded an opportunity to demonstrate to the board the ability to 1576
resume practicing in compliance with acceptable and prevailing 1577
standards of care.1578

       (2) For purposes of division (B)(6) of this section, if the 1579
board has reason to believe that any individual who holds a 1580
license to practice as a genetic counselor or any applicant for a 1581
license suffers such impairment, the board may compel the 1582
individual to submit to a mental or physical examination, or both. 1583
The expense of the examination is the responsibility of the 1584
individual compelled to be examined. Any mental or physical 1585
examination required under this division shall be undertaken by a 1586
treatment provider or physician qualified to conduct such 1587
examination and chosen by the board.1588

       Failure to submit to a mental or physical examination ordered 1589
by the board constitutes an admission of the allegations against 1590
the individual unless the failure is due to circumstances beyond 1591
the individual's control, and a default and final order may be 1592
entered without the taking of testimony or presentation of 1593
evidence. If the board determines that the individual's ability to 1594
practice is impaired, the board shall suspend the individual's 1595
license or deny the individual's application and shall require the 1596
individual, as a condition for an initial, continued, reinstated, 1597
or renewed license, to submit to treatment.1598

       Before being eligible to apply for reinstatement of a license 1599
suspended under this division, the genetic counselor shall 1600
demonstrate to the board the ability to resume practice in 1601
compliance with acceptable and prevailing standards of care. The 1602
demonstration shall include the following:1603

       (a) Certification from a treatment provider approved under 1604
section 4731.25 of the Revised Code that the individual has 1605
successfully completed any required inpatient treatment;1606

       (b) Evidence of continuing full compliance with an aftercare 1607
contract or consent agreement;1608

       (c) Two written reports indicating that the individual's 1609
ability to practice has been assessed and that the individual has 1610
been found capable of practicing according to acceptable and 1611
prevailing standards of care. The reports shall be made by 1612
individuals or providers approved by the board for making such 1613
assessments and shall describe the basis for their determination.1614

       The board may reinstate a license suspended under this 1615
division after such demonstration and after the individual has 1616
entered into a written consent agreement.1617

       When the impaired genetic counselor resumes practice, the 1618
board shall require continued monitoring of the genetic counselor. 1619
The monitoring shall include monitoring of compliance with the 1620
written consent agreement entered into before reinstatement or 1621
with conditions imposed by board order after a hearing, and, on 1622
termination of the consent agreement, submission to the board for 1623
at least two years of annual written progress reports made under 1624
penalty of falsification stating whether the genetic counselor has 1625
maintained sobriety.1626

       (G) If the secretary and supervising member determine both of 1627
the following, they may recommend that the board suspend an 1628
individual's license to practice without a prior hearing:1629

        (1) That there is clear and convincing evidence that a 1630
genetic counselor has violated division (B) of this section;1631

       (2) That the individual's continued practice presents a 1632
danger of immediate and serious harm to the public.1633

        Written allegations shall be prepared for consideration by 1634
the board. The board, on review of the allegations and by an 1635
affirmative vote of not fewer than six of its members, excluding 1636
the secretary and supervising member, may suspend a license 1637
without a prior hearing. A telephone conference call may be 1638
utilized for reviewing the allegations and taking the vote on the 1639
summary suspension.1640

       The board shall issue a written order of suspension by 1641
certified mail or in person in accordance with section 119.07 of 1642
the Revised Code. The order shall not be subject to suspension by 1643
the court during pendency of any appeal filed under section 119.12 1644
of the Revised Code. If the genetic counselor requests an 1645
adjudicatory hearing by the board, the date set for the hearing 1646
shall be within fifteen days, but not earlier than seven days, 1647
after the genetic counselor requests the hearing, unless otherwise 1648
agreed to by both the board and the genetic counselor.1649

       A summary suspension imposed under this division shall remain 1650
in effect, unless reversed on appeal, until a final adjudicative 1651
order issued by the board pursuant to this section and Chapter 1652
119. of the Revised Code becomes effective. The board shall issue 1653
its final adjudicative order within sixty days after completion of 1654
its hearing. Failure to issue the order within sixty days shall 1655
result in dissolution of the summary suspension order, but shall 1656
not invalidate any subsequent, final adjudicative order.1657

       (H) If the board takes action under division (B)(10), (12), 1658
or (13) of this section, and the judicial finding of guilt, guilty 1659
plea, or judicial finding of eligibility for intervention in lieu 1660
of conviction is overturned on appeal, on exhaustion of the 1661
criminal appeal, a petition for reconsideration of the order may 1662
be filed with the board along with appropriate court documents. On 1663
receipt of a petition and supporting court documents, the board 1664
shall reinstate the license to practice as a genetic counselor. 1665
The board may then hold an adjudication under Chapter 119. of the 1666
Revised Code to determine whether the individual committed the act 1667
in question. Notice of opportunity for hearing shall be given in 1668
accordance with Chapter 119. of the Revised Code. If the board 1669
finds, pursuant to an adjudication held under this division, that 1670
the individual committed the act, or if no hearing is requested, 1671
it may order any of the sanctions specified in division (B) of 1672
this section.1673

       (I) The license to practice as a genetic counselor and the 1674
counselor's practice in this state are automatically suspended as 1675
of the date the genetic counselor pleads guilty to, is found by a 1676
judge or jury to be guilty of, or is subject to a judicial finding 1677
of eligibility for intervention in lieu of conviction in this 1678
state or treatment of intervention in lieu of conviction in 1679
another jurisdiction for any of the following criminal offenses in 1680
this state or a substantially equivalent criminal offense in 1681
another jurisdiction: aggravated murder, murder, voluntary 1682
manslaughter, felonious assault, kidnapping, rape, sexual battery, 1683
gross sexual imposition, aggravated arson, aggravated robbery, or 1684
aggravated burglary. Continued practice after the suspension shall 1685
be considered practicing without a license.1686

       The board shall notify the individual subject to the 1687
suspension by certified mail or in person in accordance with 1688
section 119.07 of the Revised Code. If an individual whose license 1689
is suspended under this division fails to make a timely request 1690
for an adjudication under Chapter 119. of the Revised Code, the 1691
board shall enter a final order permanently revoking the 1692
individual's license to practice.1693

       (J) In any instance in which the board is required by Chapter 1694
119. of the Revised Code to give notice of opportunity for hearing 1695
and the individual subject to the notice does not timely request a 1696
hearing in accordance with section 119.07 of the Revised Code, the 1697
board is not required to hold a hearing, but may adopt, by an 1698
affirmative vote of not fewer than six of its members, a final 1699
order that contains the board's findings. In the final order, the 1700
board may order any of the sanctions identified under division (A) 1701
or (B) of this section.1702

       (K) Any action taken by the board under division (B) of this 1703
section resulting in a suspension shall be accompanied by a 1704
written statement of the conditions under which the license of the 1705
genetic counselor may be reinstated. The board shall adopt rules 1706
in accordance with Chapter 119. of the Revised Code governing 1707
conditions to be imposed for reinstatement. Reinstatement of a 1708
license suspended pursuant to division (B) of this section 1709
requires an affirmative vote of not fewer than six members of the 1710
board.1711

       (L) When the board refuses to grant a license to practice as 1712
a genetic counselor to an applicant, revokes an individual's 1713
license, refuses to renew a license, or refuses to reinstate an 1714
individual's license, the board may specify that its action is 1715
permanent. An individual subject to a permanent action taken by 1716
the board is forever thereafter ineligible to hold a license to 1717
practice as a genetic counselor and the board shall not accept an 1718
application for reinstatement of the license or for issuance of a 1719
new license.1720

       (M) Notwithstanding any other provision of the Revised Code, 1721
all of the following apply:1722

       (1) The surrender of a license to practice as a genetic 1723
counselor is not effective unless or until accepted by the board. 1724
A telephone conference call may be utilized for acceptance of the 1725
surrender of an individual's license. The telephone conference 1726
call shall be considered a special meeting under division (F) of 1727
section 121.22 of the Revised Code. Reinstatement of a license 1728
surrendered to the board requires an affirmative vote of not fewer 1729
than six members of the board.1730

       (2) An application made under this chapter for a license to 1731
practice may not be withdrawn without approval of the board.1732

       (3) Failure by an individual to renew a license in accordance 1733
with section 4778.06 of the Revised Code shall not remove or limit 1734
the board's jurisdiction to take disciplinary action under this 1735
section against the individual.1736

       Sec. 4778.15.  On receipt of a notice pursuant to section 1737
3123.43 of the Revised Code, the state medical board shall comply 1738
with sections 3123.41 to 3123.50 of the Revised Code and any 1739
applicable rules adopted under section 3123.63 of the Revised Code 1740
with respect to a license issued under this chapter.1741

       Sec. 4778.16. If the state medical board has reason to 1742
believe that any person who has been granted a license to practice 1743
as a genetic counselor under this chapter is mentally ill or 1744
mentally incompetent, it may file in the probate court of the 1745
county in which the person has a legal residence an affidavit in 1746
the form prescribed in section 5122.11 of the Revised Code and 1747
signed by the board secretary or a member of the board secretary's 1748
staff, whereupon the same proceedings shall be had as provided in 1749
Chapter 5122. of the Revised Code. The attorney general may 1750
represent the board in any proceeding commenced under this 1751
section.1752

       If any person who has been granted a license to practice is 1753
adjudged by a probate court to be mentally ill or mentally 1754
incompetent, the person's license shall be automatically suspended 1755
until the person has filed with the state medical board a 1756
certified copy of an adjudication by a probate court of the 1757
person's subsequent restoration to competency or has submitted to 1758
the board proof, satisfactory to the board, that the person has 1759
been discharged as having a restoration to competency in the 1760
manner and form provided in section 5122.38 of the Revised Code. 1761
The judge of the probate court shall forthwith notify the state 1762
medical board of an adjudication of mental illness or mental 1763
incompetence, and shall note any suspension of a license in the 1764
margin of the court's record of such license.1765

       Sec. 4778.18.  (A) The state medical board shall investigate 1766
evidence that appears to show that any individual has violated 1767
this chapter or the rules adopted under it. Any person may report 1768
to the board in a signed writing any information the person has 1769
that appears to show a violation of this chapter or rules adopted 1770
under it. In the absence of bad faith, a person who reports such 1771
information or testifies before the board in an adjudication 1772
conducted under Chapter 119. of the Revised Code shall not be 1773
liable for civil damages as a result of reporting the information 1774
or providing testimony. Each complaint or allegation of a 1775
violation received by the board shall be assigned a case number 1776
and be recorded by the board.1777

       (B) Investigations of alleged violations of this chapter or 1778
rules adopted under it shall be supervised by the supervising 1779
member elected by the board in accordance with section 4731.02 of 1780
the Revised Code and by the board's secretary, pursuant to section 1781
4778.20 of the Revised Code. The board's president may designate 1782
another member of the board to supervise the investigation in 1783
place of the supervising member. A member of the board who 1784
supervises the investigation of a case shall not participate in 1785
further adjudication of the case.1786

       (C) In investigating a possible violation of this chapter or 1787
the rules adopted under it, the board may administer oaths, order 1788
the taking of depositions, inspect and copy any books, accounts, 1789
papers, records, or documents, issue subpoenas, and compel the 1790
attendance of witnesses and production of books, accounts, papers, 1791
records, documents, and testimony, except that a subpoena for 1792
patient record information shall not be issued without 1793
consultation with the attorney general's office and approval of 1794
the secretary and supervising member of the board. Before issuance 1795
of a subpoena for patient record information, the secretary and 1796
supervising member shall determine whether there is probable cause 1797
to believe that the complaint filed alleges a violation of this 1798
chapter or the rules adopted under it and that the records sought 1799
are relevant to the alleged violation and material to the 1800
investigation. The subpoena may apply only to records that cover a 1801
reasonable period of time surrounding the alleged violation.1802

       On failure to comply with any subpoena issued by the board 1803
and after reasonable notice to the person being subpoenaed, the 1804
board may move for an order compelling the production of persons 1805
or records pursuant to the Rules of Civil Procedure.1806

       A subpoena issued by the board may be served by a sheriff, 1807
the sheriff's deputy, or a board employee designated by the board. 1808
Service of a subpoena issued by the board may be made by 1809
delivering a copy of the subpoena to the person named therein, 1810
reading it to the person, or leaving it at the person's usual 1811
place of residence. When the person being served is a genetic 1812
counselor, service of the subpoena may be made by certified mail, 1813
restricted delivery, return receipt requested, and the subpoena 1814
shall be deemed served on the date delivery is made or the date 1815
the person refuses to accept delivery.1816

       A sheriff's deputy who serves a subpoena shall receive the 1817
same fees as a sheriff. Each witness who appears before the board 1818
in obedience to a subpoena shall receive the fees and mileage 1819
provided for witnesses in civil cases in the courts of common 1820
pleas.1821

       (D) All hearings and investigations of the board shall be 1822
considered civil actions for the purposes of section 2305.252 of 1823
the Revised Code.1824

       (E) Information received by the board pursuant to an 1825
investigation is confidential and not subject to discovery in any 1826
civil action.1827

       The board shall conduct all investigations and proceedings in 1828
a manner that protects the confidentiality of patients and persons 1829
who file complaints with the board. The board shall not make 1830
public the names or any other identifying information about 1831
patients or complainants unless proper consent is given.1832

       The board may share any information it receives pursuant to 1833
an investigation, including patient records and patient record 1834
information, with law enforcement agencies, other licensing 1835
boards, and other governmental agencies that are prosecuting, 1836
adjudicating, or investigating alleged violations of statutes or 1837
administrative rules. An agency or board that receives the 1838
information shall comply with the same requirements regarding 1839
confidentiality as those with which the state medical board must 1840
comply, notwithstanding any conflicting provision of the Revised 1841
Code or procedure of the agency or board that applies when it is 1842
dealing with other information in its possession. In a judicial 1843
proceeding, the information may be admitted into evidence only in 1844
accordance with the Rules of Evidence, but the court shall require 1845
that appropriate measures are taken to ensure that confidentiality 1846
is maintained with respect to any part of the information that 1847
contains names or other identifying information about patients or 1848
complainants whose confidentiality was protected by the state 1849
medical board when the information was in the board's possession. 1850
Measures to ensure confidentiality that may be taken by the court 1851
include sealing its records or deleting specific information from 1852
its records.1853

       (F) The state medical board shall develop requirements for 1854
and provide appropriate initial training and continuing education 1855
for investigators employed by the board to carry out its duties 1856
under this chapter. The training and continuing education may 1857
include enrollment in courses operated or approved by the Ohio 1858
peace officer training commission that the board considers 1859
appropriate under conditions set forth in section 109.79 of the 1860
Revised Code.1861

       (G) On a quarterly basis, the board shall prepare a report 1862
that documents the disposition of all cases during the preceding 1863
three months. The report shall contain the following information 1864
for each case with which the board has completed its activities:1865

       (1) The case number assigned to the complaint or alleged 1866
violation;1867

       (2) The type of license, if any, held by the individual 1868
against whom the complaint is directed;1869

       (3) A description of the allegations contained in the 1870
complaint;1871

       (4) The disposition of the case.1872

       The report shall state how many cases are still pending, and 1873
shall be prepared in a manner that protects the identity of each 1874
individual involved in each case. The report is a public record 1875
for purposes of section 149.43 of the Revised Code.1876

       Sec. 4778.19. (A) As used in this section, "prosecutor" has 1877
the same meaning as in section 2935.01 of the Revised Code.1878

       (B) Whenever any individual holding a valid license to 1879
practice as a genetic counselor pleads guilty to, is subject to a 1880
judicial finding of guilt of, or is subject to a judicial finding 1881
of eligibility for intervention in lieu of conviction for a 1882
violation of Chapter 2907., 2925., or 3719. of the Revised Code or 1883
of any substantively comparable ordinance of a municipal 1884
corporation in connection with the person's practice, the 1885
prosecutor in the case, on forms prescribed and provided by the 1886
state medical board, shall promptly notify the board of the 1887
conviction. Within thirty days of receipt of that information, the 1888
board shall initiate action in accordance with Chapter 119. of the 1889
Revised Code to determine whether to suspend or revoke the license 1890
under section 4778.16 of the Revised Code.1891

       (C) The prosecutor in any case against any person holding a 1892
valid license to practice as a genetic counselor, on forms 1893
prescribed and provided by the state medical board, shall notify 1894
the board of any of the following:1895

       (1) A plea of guilty to, a finding of guilt by a jury or 1896
court of, or judicial finding of eligibility for intervention in 1897
lieu of conviction for a felony, or a case in which the trial 1898
court issues an order of dismissal upon technical or procedural 1899
grounds of a felony charge;1900

       (2) A plea of guilty to, a finding of guilt by a jury or 1901
court of, or judicial finding of eligibility for intervention in 1902
lieu of conviction for a misdemeanor committed in the course of 1903
practice, or a case in which the trial court issues an order of 1904
dismissal upon technical or procedural grounds of a charge of a 1905
misdemeanor, if the alleged act was committed in the course of 1906
practice;1907

       (3) A plea of guilty to, a finding of guilt by a jury or 1908
court of, or judicial finding of eligibility for intervention in 1909
lieu of conviction for a misdemeanor involving moral turpitude, or 1910
a case in which the trial court issues an order of dismissal upon 1911
technical or procedural grounds of a charge of a misdemeanor 1912
involving moral turpitude.1913

       The report shall include the name and address of the license 1914
holder, the nature of the offense for which the action was taken, 1915
and the certified court documents recording the action.1916

       Sec. 4778.20.  The secretary of the state medical board shall 1917
enforce the laws relating to the practice of genetic counselors. 1918
If the secretary has knowledge or notice of a violation of this 1919
chapter or the rules adopted under it, the secretary shall 1920
investigate the matter, and, upon probable cause appearing, file a 1921
complaint and prosecute the offender. When requested by the 1922
secretary, the prosecuting attorney of the proper county shall 1923
take charge of and conduct the prosecution.1924

       Sec. 4778.21.  The attorney general, the prosecuting attorney 1925
of any county in which the offense was committed or the offender 1926
resides, the state medical board, or any other person having 1927
knowledge of a person engaged either directly or by complicity in 1928
practicing as a genetic counselor without having first obtained 1929
under this chapter a license to practice as a genetic counselor, 1930
may, in accordance with provisions of the Revised Code governing 1931
injunctions, maintain an action in the name of the state to enjoin 1932
any person from engaging either directly or by complicity in 1933
unlawfully practicing as a genetic counselor by applying for an 1934
injunction in any court of competent jurisdiction.1935

       Prior to application for an injunction, the secretary of the 1936
state medical board shall notify the individual allegedly engaged 1937
either directly or by complicity in the unlawful practice by 1938
registered mail that the secretary has received information 1939
indicating that this individual is so engaged. The individual 1940
shall answer the secretary within thirty days showing that the 1941
individual is either properly licensed for the stated activity or 1942
that the individual is not in violation of this chapter. If the 1943
answer is not forthcoming within thirty days after notice by the 1944
secretary, the secretary shall request that the attorney general, 1945
the prosecuting attorney of the county in which the offense was 1946
committed or the offender resides, or the state medical board 1947
proceed as authorized in this section.1948

       Upon the filing of a verified petition in court, the court 1949
shall conduct a hearing on the petition and shall give the same 1950
preference to this proceeding as is given all proceedings under 1951
Chapter 119. of the Revised Code, irrespective of the position of 1952
the proceeding on the calendar of the court.1953

       Injunction proceedings shall be in addition to, and not in 1954
lieu of, all penalties and other remedies provided in this 1955
chapter.1956

       Sec. 4778.22.  All fees, penalties, and other funds received 1957
by the state medical board under this chapter shall be deposited 1958
in accordance with section 4731.24 of the Revised Code.1959

       Sec. 4778.24.   In the absence of fraud or bad faith, the 1960
state medical board, a current or former board member, an agent of 1961
the board, a person formally requested by the board to be the 1962
board's representative, or an employee of the board shall not be 1963
held liable in damages to any person as the result of any act, 1964
omission, proceeding, conduct, or decision related to official 1965
duties undertaken or performed pursuant to this chapter. If any 1966
such person asks to be defended by the state against any claim or 1967
action arising out of any act, omission, proceeding, conduct, or 1968
decision related to the person's official duties, and if the 1969
request is made in writing at a reasonable time before trial and 1970
the person requesting defense cooperates in good faith in the 1971
defense of the claim or action, the state shall provide and pay 1972
for the person's defense and shall pay any resulting judgment, 1973
compromise, or settlement. At no time shall the state pay any part 1974
of a claim or judgment that is for punitive or exemplary damages.1975

       Sec. 4778.99.  Whoever violates section 4778.02 of the 1976
Revised Code is guilty of a misdemeanor of the first degree on a 1977
first offense and felony of the fifth degree on each subsequent 1978
offense.1979

       Section 2.  That existing sections 4731.07, 4731.19, 4731.22, 1980
4731.222, 4731.224, 4731.24, and 4731.25 of the Revised Code are 1981
hereby repealed.1982

       Section 3.  Section 4731.22 of the Revised Code is presented 1983
in this act as a composite of the section as amended by both H.B. 1984
78 and Am. Sub. H.B. 93 of the 129th General Assembly. The General 1985
Assembly, applying the principle stated in division (B) of section 1986
1.52 of the Revised Code that amendments are to be harmonized if 1987
reasonably capable of simultaneous operation, finds that the 1988
composite is the resulting version of the section in effect prior 1989
to the effective date of the section as presented in this act.1990

       Section 4. Section 4778.02 of the Revised Code, as enacted by 1991
this act, shall take effect one year after the effective date of 1992
this act.1993