As Reported by the House Health and Aging Committee

129th General Assembly
Regular Session
2011-2012
Sub. S. B. No. 297


Senator Patton 

Cosponsors: Senators Tavares, Brown, Burke, Cafaro, Coley, Jones, Kearney, LaRose, Lehner, Manning, Niehaus, Obhof, Oelslager, Schaffer, Schiavoni, Seitz, Wagoner 

A BILL
To amend section 4731.293 of the Revised Code to 1
specify requirements for obtaining and renewing a 2
clinical research faculty certificate and to 3
declare an emergency.4


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

       Section 1. That section 4731.293 of the Revised Code be 5
amended to read as follows:6

       Sec. 4731.293.  (A) The state medical board may issue, 7
without examination, a visiting medicalclinical research faculty 8
certificate to any person who applies for the certificate and 9
provides to the board all of the following:10

       (1) Evidence satisfactory to the board of all of the 11
following:12

       (a) That the applicant holds a current, unrestricted license 13
to practice medicine and surgery or osteopathic medicine and 14
surgery issued by another state or country and;15

       (b) That the applicant has been appointed to serve in this 16
state on the academic staff of a medical school accredited by the 17
liaison committee on medical education or an osteopathic medical 18
school accredited by the American osteopathic association;19

       (c) That the applicant is an international medical graduate 20
who holds a medical degree from an educational institution listed 21
in the international medical education directory.22

       (2) An affidavit and supporting documentation from the dean 23
of the medical school or the department director or chairperson of 24
a teaching hospital affiliated with the school that the applicant 25
is qualified to perform teaching and research activities and will 26
be permitted to work only under the authority of the department 27
director or chairperson of a teaching hospital affiliated with the 28
medical school where the applicant's teaching and research 29
activities will occur;30

       (3) A description from the medical school or teaching 31
hospital of the scope of practice in which the applicant will be 32
involved, including the types of teaching, research, and 33
procedures in which the applicant will be engaged;34

       (4) A description from the medical school or teaching 35
hospital of the type and amount of patient contact that will occur 36
in connection with the applicant's teaching and research 37
activities. Except as provided in division (E) of this section, 38
the board shall not issue more than one visiting medical faculty 39
certificate to any particular person.40

       (B) An applicant for a visiting medicalan initial clinical 41
research faculty certificate shall submit evidence satisfactory 42
to the board that the applicant meets the requirements of division 43
(A) of this section. The applicant shall pay a fee of three 44
hundred seventy-five dollars. The board shall maintain a register 45
of all persons who hold a visiting medical faculty certificate.46

       (C) The holder of a visiting medicalclinical research47
faculty certificate may practice medicine and surgery or 48
osteopathic medicine and surgery only as is incidental to the49
certificate holder's teaching or research duties at the medical50
school or thea teaching hospitalshospital affiliated with the 51
school. The board may revoke a certificate on receiving proof 52
satisfactory to the board that the certificate holder of the 53
certificate has engaged in practice in this state outside the 54
scope of the certificate or that there are grounds for action 55
against the certificate holder under section 4731.22 of the 56
Revised Code.57

       (D) A visiting medicalclinical research faculty certificate 58
is valid for the shorter of three years or the duration of, except 59
that the certificate ceases to be valid if the holder's 60
appointment to the academic staff of the school is no longer valid 61
or the certificate is revoked pursuant to division (C) of this 62
section. The certificate may not be renewed.63

       (E) If a person was granted a visiting medical faculty 64
certificate before the effective date of this amendment, the 65
person may apply for a second visiting medical faculty 66
certificate, unless the person's first certificate was revoked. 67
The board may issue the second certificate if the applicant 68
complies with division (B) of this section(1) Three months before 69
a clinical research faculty certificate expires, the board shall 70
mail or cause to be mailed to the certificate holder a notice of 71
renewal addressed to the certificate holder's last known address. 72
Failure of a certificate holder to receive a notice of renewal 73
from the board shall not excuse the certificate holder from the 74
requirements contained in this section. The notice shall inform 75
the certificate holder of the renewal procedure. The notice also 76
shall inform the certificate holder of the reporting requirement 77
established by division (H) of section 3701.79 of the Revised 78
Code. At the discretion of the board, the information may be 79
included on the application for renewal or on an accompanying 80
page.81

        (2) A clinical research faculty certificate may be renewed 82
for an additional three-year period. There is no limit on the 83
number of times a certificate may be renewed. A person seeking 84
renewal of a certificate shall apply to the board. The board shall 85
provide the application for renewal in a form determined by the 86
board.87

       (3) An applicant is eligible for renewal if the applicant 88
does all of the following:89

       (a) Pays a renewal fee of three hundred seventy-five dollars;90

       (b) Reports any criminal offense to which the applicant has 91
pleaded guilty, of which the applicant has been found guilty, or 92
for which the applicant has been found eligible for intervention 93
in lieu of conviction, since last filing an application for a 94
clinical research faculty certificate;95

        (c) Provides to the board an affidavit and supporting 96
documentation from the dean of the medical school or the 97
department director or chairperson of a teaching hospital 98
affiliated with the school that the applicant is in compliance 99
with the applicant's current clinical research faculty 100
certificate;101

       (d) Provides evidence satisfactory to the board of all of the 102
following:103

       (i) That the applicant continues to maintain a current, 104
unrestricted license to practice medicine and surgery or 105
osteopathic medicine and surgery issued by another state or 106
country;107

       (ii) That the applicant's initial appointment to serve in 108
this state on the academic staff of a medical school is still 109
valid or has been renewed;110

        (iii) That the applicant has completed one hundred fifty 111
hours of continuing medical education that meet the requirements 112
set forth in section 4731.281 of the Revised Code.113

       (4) Regardless of whether the certificate has expired, a 114
person who was granted a visiting medical faculty certificate 115
under this section as it existed immediately prior to the 116
effective date of this amendment may apply for a clinical research 117
faculty certificate as a renewal. The board may issue the clinical 118
research faculty certificate if the applicant meets the 119
requirements of division (E)(3) of this section. The board may not 120
issue a clinical research faculty certificate if the visiting 121
medical faculty certificate was revoked.122

       (F) The board shall maintain a register of all persons who 123
hold clinical research faculty certificates.124

       (G) The board may adopt any rules it considers necessary to 125
implement this section. The rules shall be adopted in accordance 126
with Chapter 119. of the Revised Code.127

       Section 2.  That existing section 4731.293 of the Revised 128
Code is hereby repealed.129

       Section 3.  This act is hereby declared to be an emergency 130
measure necessary for the immediate preservation of the public 131
peace, health, and safety. The reason for this necessity is that 132
swift enactment will allow several extraordinary doctors to renew 133
their certificates and continue their work in Ohio without 134
interruption. Otherwise, these doctors will not be permitted to 135
work in Ohio and will leave the state. Therefore, this act shall 136
go into immediate effect.137