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. 4731.22. (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 |
(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 |
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 |
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 |
(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 |
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 |
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 |
(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 |
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 |
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 |
(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 |
(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 |
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 |
(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 |
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 |
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 |
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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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.,
and | 946 |
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 |
(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 |
(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 |
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 |
(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 |
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 |
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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
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 |
(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 |
(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 |
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 |
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 |
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 |
(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 |
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 |
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 |
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 |