Cosponsors:
Representatives Hagan, C., Landis, Antonio, Sprague, Boose, Smith, Stebelton, Hood, Green, Sears, Driehaus, Patterson, O'Brien, Becker, Wachtmann, Hill, Schuring, Amstutz, Beck, Blair, Brown, Buchy, Burkley, Derickson, Dovilla, Hayes, Henne, Lynch, McClain, Pelanda, Perales, Pillich, Rosenberger, Ruhl, Sheehy, Slaby, Strahorn, Terhar, Thompson, Young Speaker Batchelder
Senators Brown, Tavares, Beagle, Burke, Cafaro, Coley, Eklund, Faber, Gardner, Hite, Jones, Lehner, Manning, Oelslager, Patton, Peterson, Uecker, Widener
Sec. 307.627. (A)(1) Notwithstanding section 3701.243 and | 14 |
any other section of the Revised Code pertaining to | 15 |
confidentiality, any individual; public children services agency, | 16 |
private child placing agency, or agency that provides services | 17 |
specifically to individuals or families; law enforcement agency; | 18 |
or other public or private entity that provided services to a | 19 |
child whose death is being reviewed by a child fatality review | 20 |
board, on the request of the review board, shall submit to the | 21 |
review board a summary sheet of information. With | 22 |
(2) Notwithstanding section 3701.243 and any other section of | 36 |
the Revised Code pertaining to confidentiality, in the case of a | 37 |
child one year of age or younger whose death is being reviewed by | 38 |
a child fatality review board, on the request of the review board, | 39 |
a health care entity that provided services to the child's mother | 40 |
shall submit to the review board a summary sheet of information | 41 |
available and reasonably drawn from the mother's medical record | 42 |
created by the health care entity. Before submitting the summary | 43 |
sheet, the health care entity shall attempt to obtain the mother's | 44 |
consent to do so, but lack of consent shall not preclude the | 45 |
entity from submitting the summary sheet. | 46 |
(B) Notwithstanding division (A) of this section, no person, | 52 |
entity, law enforcement agency, or prosecuting attorney shall | 53 |
provide any information regarding the death of a child to a child | 54 |
fatality review board while an investigation of the death or | 55 |
prosecution of a person for causing the death is pending unless | 56 |
the prosecuting attorney has agreed pursuant to section 307.625 of | 57 |
the Revised Code to allow review of the death. | 58 |
Sec. 307.629. (A) Except as provided in division (B) of this | 59 |
section and sections 5153.171 to 5153.173 of the Revised Code, any | 60 |
information, document, or report presented to a child fatality | 61 |
review board, all statements made by review board members during | 62 |
meetings of the review board, all work products of the review | 63 |
board, and child fatality review data submitted by the child | 64 |
fatality review board to the department of health or a national | 65 |
child death review database, other than the report prepared | 66 |
pursuant to division (A) of section 307.626 of the Revised Code, | 67 |
are confidential and shall be used by the review board, its | 68 |
members, and the department of health only in the exercise of the | 69 |
proper functions of the review board and the department. | 70 |
(8) Selling, prescribing, giving away, or administering drugs | 203 |
for other than legal and legitimate therapeutic purposes, or | 204 |
conviction of, a plea of guilty to, a judicial finding of guilt | 205 |
of, a judicial finding of guilt resulting from a plea of no | 206 |
contest to, or a judicial finding of eligibility for intervention | 207 |
in lieu of conviction for, a violation of any federal or state law | 208 |
regulating the possession, distribution, or use of any drug; | 209 |
(9) Providing or allowing dental hygienists, expanded | 210 |
function dental auxiliaries, or other practitioners of auxiliary | 211 |
dental occupations working under the certificate or license | 212 |
holder's supervision, or a dentist holding a temporary limited | 213 |
continuing education license under division (C) of section 4715.16 | 214 |
of the Revised Code working under the certificate or license | 215 |
holder's direct supervision, to provide dental care that departs | 216 |
from or fails to conform to accepted standards for the profession, | 217 |
whether or not injury to a patient results; | 218 |
(15) Any of the following actions taken by an agency | 244 |
responsible for authorizing, certifying, or regulating an | 245 |
individual to practice a health care occupation or provide health | 246 |
care services in this state or another jurisdiction, for any | 247 |
reason other than the nonpayment of fees: the limitation, | 248 |
revocation, or suspension of an individual's license to practice; | 249 |
acceptance of an individual's license surrender; denial of a | 250 |
license; refusal to renew or reinstate a license; imposition of | 251 |
probation; or issuance of an order of censure or other reprimand; | 252 |
(16) Failure to cooperate in an investigation conducted by | 253 |
the board under division (D) of section 4715.03 of the Revised | 254 |
Code, including failure to comply with a subpoena or order issued | 255 |
by the board or failure to answer truthfully a question presented | 256 |
by the board at a deposition or in written interrogatories, except | 257 |
that failure to cooperate with an investigation shall not | 258 |
constitute grounds for discipline under this section if a court of | 259 |
competent jurisdiction has issued an order that either quashes a | 260 |
subpoena or permits the individual to withhold the testimony or | 261 |
evidence in issue; | 262 |
(B) A manager, proprietor, operator, or conductor of a dental | 266 |
facility shall be subject to disciplinary action if any dentist, | 267 |
dental hygienist, expanded function dental auxiliary, or qualified | 268 |
personnel providing services in the facility is found to have | 269 |
committed a violation listed in division (A) of this section and | 270 |
the manager, proprietor, operator, or conductor knew of the | 271 |
violation and permitted it to occur on a recurring basis. | 272 |
(D) If the physical or mental condition of an applicant or a | 302 |
license or certificate holder is at issue in a disciplinary | 303 |
proceeding, the board may order the license or certificate holder | 304 |
to submit to reasonable examinations by an individual designated | 305 |
or approved by the board and at the board's expense. The physical | 306 |
examination may be conducted by any individual authorized by the | 307 |
Revised Code to do so, including a physician assistant, a clinical | 308 |
nurse specialist, a certified nurse practitioner, or a certified | 309 |
nurse-midwife. Any written documentation of the physical | 310 |
examination shall be completed by the individual who conducted the | 311 |
examination. | 312 |
(E) If a license or certificate holder has failed to comply | 317 |
with an order under division (D) of this section, the board may | 318 |
apply to the court of common pleas of the county in which the | 319 |
holder resides for an order temporarily suspending the holder's | 320 |
license or certificate, without a prior hearing being afforded by | 321 |
the board, until the board conducts an adjudication hearing | 322 |
pursuant to Chapter 119. of the Revised Code. If the court | 323 |
temporarily suspends a holder's license or certificate, the board | 324 |
shall give written notice of the suspension personally or by | 325 |
certified mail to the license or certificate holder. Such notice | 326 |
shall inform the license or certificate holder of the right to a | 327 |
hearing pursuant to Chapter 119. of the Revised Code. | 328 |
(F) Any holder of a certificate or license issued under this | 329 |
chapter who has pleaded guilty to, has been convicted of, or has | 330 |
had a judicial finding of eligibility for intervention in lieu of | 331 |
conviction entered against the holder in this state for aggravated | 332 |
murder, murder, voluntary manslaughter, felonious assault, | 333 |
kidnapping, rape, sexual battery, gross sexual imposition, | 334 |
aggravated arson, aggravated robbery, or aggravated burglary, or | 335 |
who has pleaded guilty to, has been convicted of, or has had a | 336 |
judicial finding of eligibility for treatment or intervention in | 337 |
lieu of conviction entered against the holder in another | 338 |
jurisdiction for any substantially equivalent criminal offense, is | 339 |
automatically suspended from practice under this chapter in this | 340 |
state and any certificate or license issued to the holder under | 341 |
this chapter is automatically suspended, as of the date of the | 342 |
guilty plea, conviction, or judicial finding, whether the | 343 |
proceedings are brought in this state or another jurisdiction. | 344 |
Continued practice by an individual after the suspension of the | 345 |
individual's certificate or license under this division shall be | 346 |
considered practicing without a certificate or license. The board | 347 |
shall notify the suspended individual of the suspension of the | 348 |
individual's certificate or license under this division by | 349 |
certified mail or in person in accordance with section 119.07 of | 350 |
the Revised Code. If an individual whose certificate or license is | 351 |
suspended under this division fails to make a timely request for | 352 |
an adjudicatory hearing, the board shall enter a final order | 353 |
revoking the individual's certificate or license. | 354 |
Written allegations shall be prepared for consideration by | 362 |
the board. The board, upon review of those allegations and by an | 363 |
affirmative vote of not fewer than four dentist members of the | 364 |
board and seven of its members in total, excluding any member on | 365 |
the supervisory investigative panel, may suspend a certificate or | 366 |
license without a prior hearing. A telephone conference call may | 367 |
be utilized for reviewing the allegations and taking the vote on | 368 |
the summary suspension. | 369 |
The board shall issue a written order of suspension by | 370 |
certified mail or in person in accordance with section 119.07 of | 371 |
the Revised Code. The order shall not be subject to suspension by | 372 |
the court during pendency or any appeal filed under section 119.12 | 373 |
of the Revised Code. If the individual subject to the summary | 374 |
suspension requests an adjudicatory hearing by the board, the date | 375 |
set for the hearing shall be within fifteen days, but not earlier | 376 |
than seven days, after the individual requests the hearing, unless | 377 |
otherwise agreed to by both the board and the individual. | 378 |
Any summary suspension imposed under this division shall | 379 |
remain in effect, unless reversed on appeal, until a final | 380 |
adjudicative order issued by the board pursuant to this section | 381 |
and Chapter 119. of the Revised Code becomes effective. The board | 382 |
shall issue its final adjudicative order within seventy-five days | 383 |
after completion of its hearing. A failure to issue the order | 384 |
within seventy-five days shall result in dissolution of the | 385 |
summary suspension order but shall not invalidate any subsequent, | 386 |
final adjudicative order. | 387 |
(J) The board may share any information it receives pursuant | 406 |
to an investigation under division (D) of section 4715.03 of the | 407 |
Revised Code, including patient records and patient record | 408 |
information, with law enforcement agencies, other licensing | 409 |
boards, and other governmental agencies that are prosecuting, | 410 |
adjudicating, or investigating alleged violations of statutes or | 411 |
administrative rules. An agency or board that receives the | 412 |
information shall comply with the same requirements regarding | 413 |
confidentiality as those with which the state dental board must | 414 |
comply, notwithstanding any conflicting provision of the Revised | 415 |
Code or procedure of the agency or board that applies when it is | 416 |
dealing with other information in its possession. In a judicial | 417 |
proceeding, the information may be admitted into evidence only in | 418 |
accordance with the Rules of Evidence, but the court shall require | 419 |
that appropriate measures are taken to ensure that confidentiality | 420 |
is maintained with respect to any part of the information that | 421 |
contains names or other identifying information about patients or | 422 |
complainants whose confidentiality was protected by the state | 423 |
dental board when the information was in the board's possession. | 424 |
Measures to ensure confidentiality that may be taken by the court | 425 |
include sealing its records or deleting specific information from | 426 |
its records. | 427 |
Sec. 4723.28. (A) The board of nursing, by a vote of a | 428 |
quorum, may impose one or more of the following sanctions if it | 429 |
finds that a person committed fraud in passing an examination | 430 |
required to obtain a license, certificate of authority, or | 431 |
dialysis technician certificate issued by the board or to have | 432 |
committed fraud, misrepresentation, or deception in applying for | 433 |
or securing any nursing license, certificate of authority, or | 434 |
dialysis technician certificate issued by the board: deny, revoke, | 435 |
suspend, or place restrictions on any nursing license, certificate | 436 |
of authority, or dialysis technician certificate issued by the | 437 |
board; reprimand or otherwise discipline a holder of a nursing | 438 |
license, certificate of authority, or dialysis technician | 439 |
certificate; or impose a fine of not more than five hundred | 440 |
dollars per violation. | 441 |
(B) The board of nursing, by a vote of a quorum, may impose | 442 |
one or more of the following sanctions: deny, revoke, suspend, or | 443 |
place restrictions on any nursing license, certificate of | 444 |
authority, or dialysis technician certificate issued by the board; | 445 |
reprimand or otherwise discipline a holder of a nursing license, | 446 |
certificate of authority, or dialysis technician certificate; or | 447 |
impose a fine of not more than five hundred dollars per violation. | 448 |
The sanctions may be imposed for any of the following: | 449 |
(4) Conviction of, a plea of guilty to, a judicial finding of | 465 |
guilt of, a judicial finding of guilt resulting from a plea of no | 466 |
contest to, or a judicial finding of eligibility for a pretrial | 467 |
diversion or similar program or for intervention in lieu of | 468 |
conviction for, any felony or of any crime involving gross | 469 |
immorality or moral turpitude; | 470 |
(5) Selling, giving away, or administering drugs or | 471 |
therapeutic devices for other than legal and legitimate | 472 |
therapeutic purposes; or conviction of, a plea of guilty to, a | 473 |
judicial finding of guilt of, a judicial finding of guilt | 474 |
resulting from a plea of no contest to, or a judicial finding of | 475 |
eligibility for a pretrial diversion or similar program or for | 476 |
intervention in lieu of conviction for, violating any municipal, | 477 |
state, county, or federal drug law; | 478 |
(6) Conviction of, a plea of guilty to, a judicial finding of | 479 |
guilt of, a judicial finding of guilt resulting from a plea of no | 480 |
contest to, or a judicial finding of eligibility for a pretrial | 481 |
diversion or similar program or for intervention in lieu of | 482 |
conviction for, an act in another jurisdiction that would | 483 |
constitute a felony or a crime of moral turpitude in Ohio; | 484 |
(7) Conviction of, a plea of guilty to, a judicial finding of | 485 |
guilt of, a judicial finding of guilt resulting from a plea of no | 486 |
contest to, or a judicial finding of eligibility for a pretrial | 487 |
diversion or similar program or for intervention in lieu of | 488 |
conviction for, an act in the course of practice in another | 489 |
jurisdiction that would constitute a misdemeanor in Ohio; | 490 |
(C) Disciplinary actions taken by the board under divisions | 598 |
(A) and (B) of this section shall be taken pursuant to an | 599 |
adjudication conducted under Chapter 119. of the Revised Code, | 600 |
except that in lieu of a hearing, the board may enter into a | 601 |
consent agreement with an individual to resolve an allegation of a | 602 |
violation of this chapter or any rule adopted under it. A consent | 603 |
agreement, when ratified by a vote of a quorum, shall constitute | 604 |
the findings and order of the board with respect to the matter | 605 |
addressed in the agreement. If the board refuses to ratify a | 606 |
consent agreement, the admissions and findings contained in the | 607 |
agreement shall be of no effect. | 608 |
In any instance in which the board is required under Chapter | 614 |
119. of the Revised Code to give notice of an opportunity for a | 615 |
hearing and the applicant, licensee, or certificate holder does | 616 |
not make a timely request for a hearing in accordance with section | 617 |
119.07 of the Revised Code, the board is not required to hold a | 618 |
hearing, but may adopt, by a vote of a quorum, a final order that | 619 |
contains the board's findings. In the final order, the board may | 620 |
order any of the sanctions listed in division (A) or (B) of this | 621 |
section. | 622 |
(E) If a criminal action is brought against a registered | 623 |
nurse, licensed practical nurse, or dialysis technician for an act | 624 |
or crime described in divisions (B)(3) to (7) of this section and | 625 |
the action is dismissed by the trial court other than on the | 626 |
merits, the board shall conduct an adjudication to determine | 627 |
whether the registered nurse, licensed practical nurse, or | 628 |
dialysis technician committed the act on which the action was | 629 |
based. If the board determines on the basis of the adjudication | 630 |
that the registered nurse, licensed practical nurse, or dialysis | 631 |
technician committed the act, or if the registered nurse, licensed | 632 |
practical nurse, or dialysis technician fails to participate in | 633 |
the adjudication, the board may take action as though the | 634 |
registered nurse, licensed practical nurse, or dialysis technician | 635 |
had been convicted of the act. | 636 |
If the board takes action on the basis of a conviction, plea, | 637 |
or a judicial finding as described in divisions (B)(3) to (7) of | 638 |
this section that is overturned on appeal, the registered nurse, | 639 |
licensed practical nurse, or dialysis technician may, on | 640 |
exhaustion of the appeal process, petition the board for | 641 |
reconsideration of its action. On receipt of the petition and | 642 |
supporting court documents, the board shall temporarily rescind | 643 |
its action. If the board determines that the decision on appeal | 644 |
was a decision on the merits, it shall permanently rescind its | 645 |
action. If the board determines that the decision on appeal was | 646 |
not a decision on the merits, it shall conduct an adjudication to | 647 |
determine whether the registered nurse, licensed practical nurse, | 648 |
or dialysis technician committed the act on which the original | 649 |
conviction, plea, or judicial finding was based. If the board | 650 |
determines on the basis of the adjudication that the registered | 651 |
nurse, licensed practical nurse, or dialysis technician committed | 652 |
such act, or if the registered nurse, licensed practical nurse, or | 653 |
dialysis technician does not request an adjudication, the board | 654 |
shall reinstate its action; otherwise, the board shall permanently | 655 |
rescind its action. | 656 |
Notwithstanding the provision of division (C)(2) of section | 657 |
2953.32 of the Revised Code specifying that if records pertaining | 658 |
to a criminal case are sealed under that section the proceedings | 659 |
in the case shall be deemed not to have occurred, sealing of the | 660 |
following records on which the board has based an action under | 661 |
this section shall have no effect on the board's action or any | 662 |
sanction imposed by the board under this section: records of any | 663 |
conviction, guilty plea, judicial finding of guilt resulting from | 664 |
a plea of no contest, or a judicial finding of eligibility for a | 665 |
pretrial diversion program or intervention in lieu of conviction. | 666 |
(F) The board may investigate an individual's criminal | 670 |
background in performing its duties under this section. As part of | 671 |
such investigation, the board may order the individual to submit, | 672 |
at the individual's expense, a request to the bureau of criminal | 673 |
identification and investigation for a criminal records check and | 674 |
check of federal bureau of investigation records in accordance | 675 |
with the procedure described in section 4723.091 of the Revised | 676 |
Code. | 677 |
(G) During the course of an investigation conducted under | 678 |
this section, the board may compel any registered nurse, licensed | 679 |
practical nurse, or dialysis technician or applicant under this | 680 |
chapter to submit to a mental or physical examination, or both, as | 681 |
required by the board and at the expense of the individual, if the | 682 |
board finds reason to believe that the individual under | 683 |
investigation may have a physical or mental impairment that may | 684 |
affect the individual's ability to provide safe nursing care. | 685 |
Failure of any individual to submit to a mental or physical | 686 |
examination when directed constitutes an admission of the | 687 |
allegations, unless the failure is due to circumstances beyond the | 688 |
individual's control, and a default and final order may be entered | 689 |
without the taking of testimony or presentation of evidence. | 690 |
If the board finds that an individual is impaired, the board | 691 |
shall require the individual to submit to care, counseling, or | 692 |
treatment approved or designated by the board, as a condition for | 693 |
initial, continued, reinstated, or renewed authority to practice. | 694 |
The individual shall be afforded an opportunity to demonstrate to | 695 |
the board that the individual can begin or resume the individual's | 696 |
occupation in compliance with acceptable and prevailing standards | 697 |
of care under the provisions of the individual's authority to | 698 |
practice. | 699 |
For purposes of this division, any registered nurse, licensed | 700 |
practical nurse, or dialysis technician or applicant under this | 701 |
chapter shall be deemed to have given consent to submit to a | 702 |
mental or physical examination when directed to do so in writing | 703 |
by the board, and to have waived all objections to the | 704 |
admissibility of testimony or examination reports that constitute | 705 |
a privileged communication. | 706 |
(H) The board shall investigate evidence that appears to show | 707 |
that any person has violated any provision of this chapter or any | 708 |
rule of the board. Any person may report to the board any | 709 |
information the person may have that appears to show a violation | 710 |
of any provision of this chapter or rule of the board. In the | 711 |
absence of bad faith, any person who reports such information or | 712 |
who testifies before the board in any adjudication conducted under | 713 |
Chapter 119. of the Revised Code shall not be liable for civil | 714 |
damages as a result of the report or testimony. | 715 |
(1) Information received by the board pursuant to a complaint | 718 |
or an investigation is confidential and not subject to discovery | 719 |
in any civil action, except that the board may disclose | 720 |
information to law enforcement officers and government entities | 721 |
for purposes of an investigation of either a licensed health care | 722 |
professional, including a registered nurse, licensed practical | 723 |
nurse, or dialysis technician, or a person who may have engaged in | 724 |
the unauthorized practice of nursing or dialysis care. No law | 725 |
enforcement officer or government entity with knowledge of any | 726 |
information disclosed by the board pursuant to this division shall | 727 |
divulge the information to any other person or government entity | 728 |
except for the purpose of a government investigation, a | 729 |
prosecution, or an adjudication by a court or government entity. | 730 |
(4) Any board activity that involves continued monitoring of | 737 |
an individual as part of or following any disciplinary action | 738 |
taken under this section shall be conducted in a manner that | 739 |
maintains the individual's confidentiality. Information received | 740 |
or maintained by the board with respect to the board's monitoring | 741 |
activities is not subject to discovery in any civil action and is | 742 |
confidential, except that the board may disclose information to | 743 |
law enforcement officers and government entities for purposes of | 744 |
an investigation of a licensee or certificate holder. | 745 |
(K) When the board refuses to grant a license or certificate | 750 |
to an applicant, revokes a license or certificate, or refuses to | 751 |
reinstate a license or certificate, the board may specify that its | 752 |
action is permanent. An individual subject to permanent action | 753 |
taken by the board is forever ineligible to hold a license or | 754 |
certificate of the type that was refused or revoked and the board | 755 |
shall not accept from the individual an application for | 756 |
reinstatement of the license or certificate or for a new license | 757 |
or certificate. | 758 |
(L) No unilateral surrender of a nursing license, certificate | 759 |
of authority, or dialysis technician certificate issued under this | 760 |
chapter shall be effective unless accepted by majority vote of the | 761 |
board. No application for a nursing license, certificate of | 762 |
authority, or dialysis technician certificate issued under this | 763 |
chapter may be withdrawn without a majority vote of the board. The | 764 |
board's jurisdiction to take disciplinary action under this | 765 |
section is not removed or limited when an individual has a license | 766 |
or certificate classified as inactive or fails to renew a license | 767 |
or certificate. | 768 |
(B) The prescriptive authority of a clinical nurse | 790 |
specialist, certified nurse-midwife, or certified nurse | 791 |
practitioner shall not exceed the prescriptive authority of the | 792 |
collaborating physician or podiatrist, including the collaborating | 793 |
physician's authority to treat chronic pain with controlled | 794 |
substances and products containing tramadol as described in | 795 |
section 4731.052 of the Revised Code. | 796 |
(m) A site where a medical practice is operated, but only if | 844 |
the practice is comprised of one or more physicians who also are | 845 |
owners of the practice; the practice is organized to provide | 846 |
direct patient care; and the clinical nurse specialist, certified | 847 |
nurse-midwife, or certified nurse practitioner providing services | 848 |
at the site has a standard care arrangement and collaborates with | 849 |
at least one of the physician owners who practices primarily at | 850 |
that site. | 851 |
(D) A pharmacist who acts in good faith reliance on a | 857 |
prescription issued by a clinical nurse specialist, certified | 858 |
nurse-midwife, or certified nurse practitioner under division | 859 |
(C)(2) of this section is not liable for or subject to any of the | 860 |
following for relying on the prescription: damages in any civil | 861 |
action, prosecution in any criminal proceeding, or professional | 862 |
disciplinary action by the state board of pharmacy under Chapter | 863 |
4729. of the Revised Code. | 864 |
(1) The clinical nurse specialist, certified nurse-midwife, | 884 |
or certified nurse practitioner shall personally furnish only | 885 |
antibiotics, antifungals, scabicides, contraceptives, prenatal | 886 |
vitamins, antihypertensives, drugs and devices used in the | 887 |
treatment of diabetes, drugs and devices used in the treatment of | 888 |
asthma, and drugs used in the treatment of dyslipidemia. | 889 |
(2) The clinical nurse specialist, certified nurse-midwife, | 890 |
or certified nurse practitioner shall not furnish the drugs and | 891 |
devices in locations other than a health department operated by | 892 |
the board of health of a city or general health district or the | 893 |
authority having the duties of a board of health under section | 894 |
3709.05 of the Revised Code, a federally funded comprehensive | 895 |
primary care clinic, or a nonprofit health care clinic or program. | 896 |
Sec. 4725.19. (A) In accordance with Chapter 119. of the | 907 |
Revised Code and by an affirmative vote of a majority of its | 908 |
members, the state board of optometry, for any of the reasons | 909 |
specified in division (B) of this section, shall refuse to grant a | 910 |
certificate of licensure to an applicant and may, with respect to | 911 |
a licensed optometrist, do one or more of the following: | 912 |
(B) The board, by an affirmative vote of not fewer than six | 1020 |
members, shall, to the extent permitted by law, limit, revoke, or | 1021 |
suspend an individual's certificate to practice as a physician | 1022 |
assistant or certificate to prescribe, refuse to issue a | 1023 |
certificate to an applicant, refuse to reinstate a certificate, or | 1024 |
reprimand or place on probation the holder of a certificate for | 1025 |
any of the following reasons: | 1026 |
(1) Failure to practice in accordance with the conditions | 1027 |
under which the supervising physician's supervision agreement with | 1028 |
the physician assistant was approved, including the requirement | 1029 |
that when practicing under a particular supervising physician, the | 1030 |
physician assistant must practice only according to the physician | 1031 |
supervisory plan the board approved for that physician or the | 1032 |
policies of the health care facility in which the supervising | 1033 |
physician and physician assistant are practicing; | 1034 |
(8) Making a false, fraudulent, deceptive, or misleading | 1053 |
statement in soliciting or advertising for employment as a | 1054 |
physician assistant; in connection with any solicitation or | 1055 |
advertisement for patients; in relation to the practice of | 1056 |
medicine as it pertains to physician assistants; or in securing or | 1057 |
attempting to secure a certificate to practice as a physician | 1058 |
assistant, a certificate to prescribe, or approval of a | 1059 |
supervision agreement. | 1060 |
As used in this division, "false, fraudulent, deceptive, or | 1061 |
misleading statement" means a statement that includes a | 1062 |
misrepresentation of fact, is likely to mislead or deceive because | 1063 |
of a failure to disclose material facts, is intended or is likely | 1064 |
to create false or unjustified expectations of favorable results, | 1065 |
or includes representations or implications that in reasonable | 1066 |
probability will cause an ordinarily prudent person to | 1067 |
misunderstand or be deceived. | 1068 |
(18) Any of the following actions taken by the state agency | 1099 |
responsible for regulating the practice of physician assistants in | 1100 |
another state, for any reason other than the nonpayment of fees: | 1101 |
the limitation, revocation, or suspension of an individual's | 1102 |
license to practice; acceptance of an individual's license | 1103 |
surrender; denial of a license; refusal to renew or reinstate a | 1104 |
license; imposition of probation; or issuance of an order of | 1105 |
censure or other reprimand; | 1106 |
(22) Failure to cooperate in an investigation conducted by | 1117 |
the board under section 4730.26 of the Revised Code, including | 1118 |
failure to comply with a subpoena or order issued by the board or | 1119 |
failure to answer truthfully a question presented by the board at | 1120 |
a deposition or in written interrogatories, except that failure to | 1121 |
cooperate with an investigation shall not constitute grounds for | 1122 |
discipline under this section if a court of competent jurisdiction | 1123 |
has issued an order that either quashes a subpoena or permits the | 1124 |
individual to withhold the testimony or evidence in issue; | 1125 |
(C) Disciplinary actions taken by the board under divisions | 1133 |
(A) and (B) of this section shall be taken pursuant to an | 1134 |
adjudication under Chapter 119. of the Revised Code, except that | 1135 |
in lieu of an adjudication, the board may enter into a consent | 1136 |
agreement with a physician assistant or applicant to resolve an | 1137 |
allegation of a violation of this chapter or any rule adopted | 1138 |
under it. A consent agreement, when ratified by an affirmative | 1139 |
vote of not fewer than six members of the board, shall constitute | 1140 |
the findings and order of the board with respect to the matter | 1141 |
addressed in the agreement. If the board refuses to ratify a | 1142 |
consent agreement, the admissions and findings contained in the | 1143 |
consent agreement shall be of no force or effect. | 1144 |
(D) For purposes of divisions (B)(12), (15), and (16) of this | 1145 |
section, the commission of the act may be established by a finding | 1146 |
by the board, pursuant to an adjudication under Chapter 119. of | 1147 |
the Revised Code, that the applicant or certificate holder | 1148 |
committed the act in question. The board shall have no | 1149 |
jurisdiction under these divisions in cases where the trial court | 1150 |
renders a final judgment in the certificate holder's favor and | 1151 |
that judgment is based upon an adjudication on the merits. The | 1152 |
board shall have jurisdiction under these divisions in cases where | 1153 |
the trial court issues an order of dismissal upon technical or | 1154 |
procedural grounds. | 1155 |
(E) The sealing of conviction records by any court shall have | 1156 |
no effect upon a prior board order entered under the provisions of | 1157 |
this section or upon the board's jurisdiction to take action under | 1158 |
the provisions of this section if, based upon a plea of guilty, a | 1159 |
judicial finding of guilt, or a judicial finding of eligibility | 1160 |
for intervention in lieu of conviction, the board issued a notice | 1161 |
of opportunity for a hearing prior to the court's order to seal | 1162 |
the records. The board shall not be required to seal, destroy, | 1163 |
redact, or otherwise modify its records to reflect the court's | 1164 |
sealing of conviction records. | 1165 |
(F) For purposes of this division, any individual who holds a | 1166 |
certificate issued under this chapter, or applies for a | 1167 |
certificate issued under this chapter, shall be deemed to have | 1168 |
given consent to submit to a mental or physical examination when | 1169 |
directed to do so in writing by the board and to have waived all | 1170 |
objections to the admissibility of testimony or examination | 1171 |
reports that constitute a privileged communication. | 1172 |
(1) In enforcing division (B)(4) of this section, the board, | 1173 |
upon a showing of a possible violation, may compel any individual | 1174 |
who holds a certificate issued under this chapter or who has | 1175 |
applied for a certificate pursuant to this chapter to submit to a | 1176 |
mental examination, physical examination, including an HIV test, | 1177 |
or both a mental and physical examination. The expense of the | 1178 |
examination is the responsibility of the individual compelled to | 1179 |
be examined. Failure to submit to a mental or physical examination | 1180 |
or consent to an HIV test ordered by the board constitutes an | 1181 |
admission of the allegations against the individual unless the | 1182 |
failure is due to circumstances beyond the individual's control, | 1183 |
and a default and final order may be entered without the taking of | 1184 |
testimony or presentation of evidence. If the board finds a | 1185 |
physician assistant unable to practice because of the reasons set | 1186 |
forth in division (B)(4) of this section, the board shall require | 1187 |
the physician assistant to submit to care, counseling, or | 1188 |
treatment by physicians approved or designated by the board, as a | 1189 |
condition for an initial, continued, reinstated, or renewed | 1190 |
certificate. An individual affected under this division shall be | 1191 |
afforded an opportunity to demonstrate to the board the ability to | 1192 |
resume practicing in compliance with acceptable and prevailing | 1193 |
standards of care. | 1194 |
(2) For purposes of division (B)(5) of this section, if the | 1195 |
board has reason to believe that any individual who holds a | 1196 |
certificate issued under this chapter or any applicant for a | 1197 |
certificate suffers such impairment, the board may compel the | 1198 |
individual to submit to a mental or physical examination, or both. | 1199 |
The expense of the examination is the responsibility of the | 1200 |
individual compelled to be examined. Any mental or physical | 1201 |
examination required under this division shall be undertaken by a | 1202 |
treatment provider or physician qualified to conduct such | 1203 |
examination and chosen by the board. | 1204 |
Failure to submit to a mental or physical examination ordered | 1205 |
by the board constitutes an admission of the allegations against | 1206 |
the individual unless the failure is due to circumstances beyond | 1207 |
the individual's control, and a default and final order may be | 1208 |
entered without the taking of testimony or presentation of | 1209 |
evidence. If the board determines that the individual's ability to | 1210 |
practice is impaired, the board shall suspend the individual's | 1211 |
certificate or deny the individual's application and shall require | 1212 |
the individual, as a condition for initial, continued, reinstated, | 1213 |
or renewed certification to practice or prescribe, to submit to | 1214 |
treatment. | 1215 |
When the impaired physician assistant resumes practice or | 1235 |
prescribing, the board shall require continued monitoring of the | 1236 |
physician assistant. The monitoring shall include compliance with | 1237 |
the written consent agreement entered into before reinstatement or | 1238 |
with conditions imposed by board order after a hearing, and, upon | 1239 |
termination of the consent agreement, submission to the board for | 1240 |
at least two years of annual written progress reports made under | 1241 |
penalty of falsification stating whether the physician assistant | 1242 |
has maintained sobriety. | 1243 |
(G) If the secretary and supervising member determine that | 1244 |
there is clear and convincing evidence that a physician assistant | 1245 |
has violated division (B) of this section and that the | 1246 |
individual's continued practice or prescribing presents a danger | 1247 |
of immediate and serious harm to the public, they may recommend | 1248 |
that the board suspend the individual's certificate to practice or | 1249 |
prescribe without a prior hearing. Written allegations shall be | 1250 |
prepared for consideration by the board. | 1251 |
The board shall issue a written order of suspension by | 1258 |
certified mail or in person in accordance with section 119.07 of | 1259 |
the Revised Code. The order shall not be subject to suspension by | 1260 |
the court during pendency of any appeal filed under section 119.12 | 1261 |
of the Revised Code. If the physician assistant requests an | 1262 |
adjudicatory hearing by the board, the date set for the hearing | 1263 |
shall be within fifteen days, but not earlier than seven days, | 1264 |
after the physician assistant requests the hearing, unless | 1265 |
otherwise agreed to by both the board and the certificate holder. | 1266 |
A summary suspension imposed under this division shall remain | 1267 |
in effect, unless reversed on appeal, until a final adjudicative | 1268 |
order issued by the board pursuant to this section and Chapter | 1269 |
119. of the Revised Code becomes effective. The board shall issue | 1270 |
its final adjudicative order within sixty days after completion of | 1271 |
its hearing. Failure to issue the order within sixty days shall | 1272 |
result in dissolution of the summary suspension order, but shall | 1273 |
not invalidate any subsequent, final adjudicative order. | 1274 |
(H) If the board takes action under division (B)(11), (13), | 1275 |
or (14) of this section, and the judicial finding of guilt, guilty | 1276 |
plea, or judicial finding of eligibility for intervention in lieu | 1277 |
of conviction is overturned on appeal, upon exhaustion of the | 1278 |
criminal appeal, a petition for reconsideration of the order may | 1279 |
be filed with the board along with appropriate court documents. | 1280 |
Upon receipt of a petition and supporting court documents, the | 1281 |
board shall reinstate the certificate to practice or prescribe. | 1282 |
The board may then hold an adjudication under Chapter 119. of the | 1283 |
Revised Code to determine whether the individual committed the act | 1284 |
in question. Notice of opportunity for hearing shall be given in | 1285 |
accordance with Chapter 119. of the Revised Code. If the board | 1286 |
finds, pursuant to an adjudication held under this division, that | 1287 |
the individual committed the act, or if no hearing is requested, | 1288 |
it may order any of the sanctions identified under division (B) of | 1289 |
this section. | 1290 |
(I) The certificate to practice issued to a physician | 1291 |
assistant and the physician assistant's practice in this state are | 1292 |
automatically suspended as of the date the physician assistant | 1293 |
pleads guilty to, is found by a judge or jury to be guilty of, or | 1294 |
is subject to a judicial finding of eligibility for intervention | 1295 |
in lieu of conviction in this state or treatment or intervention | 1296 |
in lieu of conviction in another state for any of the following | 1297 |
criminal offenses in this state or a substantially equivalent | 1298 |
criminal offense in another jurisdiction: aggravated murder, | 1299 |
murder, voluntary manslaughter, felonious assault, kidnapping, | 1300 |
rape, sexual battery, gross sexual imposition, aggravated arson, | 1301 |
aggravated robbery, or aggravated burglary. Continued practice | 1302 |
after the suspension shall be considered practicing without a | 1303 |
certificate. | 1304 |
(J) In any instance in which the board is required by Chapter | 1312 |
119. of the Revised Code to give notice of opportunity for hearing | 1313 |
and the individual subject to the notice does not timely request a | 1314 |
hearing in accordance with section 119.07 of the Revised Code, the | 1315 |
board is not required to hold a hearing, but may adopt, by an | 1316 |
affirmative vote of not fewer than six of its members, a final | 1317 |
order that contains the board's findings. In that final order, the | 1318 |
board may order any of the sanctions identified under division (A) | 1319 |
or (B) of this section. | 1320 |
(K) Any action taken by the board under division (B) of this | 1321 |
section resulting in a suspension shall be accompanied by a | 1322 |
written statement of the conditions under which the physician | 1323 |
assistant's certificate may be reinstated. The board shall adopt | 1324 |
rules in accordance with Chapter 119. of the Revised Code | 1325 |
governing conditions to be imposed for reinstatement. | 1326 |
Reinstatement of a certificate suspended pursuant to division (B) | 1327 |
of this section requires an affirmative vote of not fewer than six | 1328 |
members of the board. | 1329 |
(L) When the board refuses to grant to an applicant a | 1330 |
certificate to practice as a physician assistant or a certificate | 1331 |
to prescribe, revokes an individual's certificate, refuses to | 1332 |
issue a certificate, or refuses to reinstate an individual's | 1333 |
certificate, the board may specify that its action is permanent. | 1334 |
An individual subject to a permanent action taken by the board is | 1335 |
forever thereafter ineligible to hold the certificate and the | 1336 |
board shall not accept an application for reinstatement of the | 1337 |
certificate or for issuance of a new certificate. | 1338 |
Sec. 4731.22. (A) The state medical board, by an affirmative | 1381 |
vote of not fewer than six of its members, may limit, revoke, or | 1382 |
suspend an individual's certificate to practice, refuse to grant a | 1383 |
certificate to an individual, refuse to register an individual, | 1384 |
refuse to reinstate a certificate, or reprimand or place on | 1385 |
probation the holder of a certificate if the individual or | 1386 |
certificate holder is found by the board to have committed fraud | 1387 |
during the administration of the examination for a certificate to | 1388 |
practice or to have committed fraud, misrepresentation, or | 1389 |
deception in applying for or securing any certificate to practice | 1390 |
or certificate of registration issued by the board. | 1391 |
(B) The board, by an affirmative vote of not fewer than six | 1392 |
members, shall, to the extent permitted by law, limit, revoke, or | 1393 |
suspend an individual's certificate to practice, refuse to | 1394 |
register an individual, refuse to reinstate a certificate, or | 1395 |
reprimand or place on probation the holder of a certificate for | 1396 |
one or more of the following reasons: | 1397 |
(3) Selling, giving away, personally furnishing, prescribing, | 1406 |
or administering drugs for other than legal and legitimate | 1407 |
therapeutic purposes or a plea of guilty to, a judicial finding of | 1408 |
guilt of, or a judicial finding of eligibility for intervention in | 1409 |
lieu of conviction of, a violation of any federal or state law | 1410 |
regulating the possession, distribution, or use of any drug; | 1411 |
For purposes of this division, "willfully betraying a | 1413 |
professional confidence" does not include providing any | 1414 |
information, documents, or reports to a child fatality review | 1415 |
board under sections 307.621 to 307.629 of the Revised Code and | 1416 |
does not include the making of a report of an employee's use of a | 1417 |
drug of abuse, or a report of a condition of an employee other | 1418 |
than one involving the use of a drug of abuse, to the employer of | 1419 |
the employee as described in division (B) of section 2305.33 of | 1420 |
the Revised Code. Nothing in this division affects the immunity | 1421 |
from civil liability conferred by that section upon a physician | 1422 |
who makes either type of report in accordance with division (B) of | 1423 |
that section. As used in this division, "employee," "employer," | 1424 |
and "physician" have the same meanings as in section 2305.33 of | 1425 |
the Revised Code. | 1426 |
(5) Making a false, fraudulent, deceptive, or misleading | 1427 |
statement in the solicitation of or advertising for patients; in | 1428 |
relation to the practice of medicine and surgery, osteopathic | 1429 |
medicine and surgery, podiatric medicine and surgery, or a limited | 1430 |
branch of medicine; or in securing or attempting to secure any | 1431 |
certificate to practice or certificate of registration issued by | 1432 |
the board. | 1433 |
As used in this division, "false, fraudulent, deceptive, or | 1434 |
misleading statement" means a statement that includes a | 1435 |
misrepresentation of fact, is likely to mislead or deceive because | 1436 |
of a failure to disclose material facts, is intended or is likely | 1437 |
to create false or unjustified expectations of favorable results, | 1438 |
or includes representations or implications that in reasonable | 1439 |
probability will cause an ordinarily prudent person to | 1440 |
misunderstand or be deceived. | 1441 |
(18) Subject to section 4731.226 of the Revised Code, | 1479 |
violation of any provision of a code of ethics of the American | 1480 |
medical association, the American osteopathic association, the | 1481 |
American podiatric medical association, or any other national | 1482 |
professional organizations that the board specifies by rule. The | 1483 |
state medical board shall obtain and keep on file current copies | 1484 |
of the codes of ethics of the various national professional | 1485 |
organizations. The individual whose certificate is being suspended | 1486 |
or revoked shall not be found to have violated any provision of a | 1487 |
code of ethics of an organization not appropriate to the | 1488 |
individual's profession. | 1489 |
For purposes of this division, a "provision of a code of | 1490 |
ethics of a national professional organization" does not include | 1491 |
any provision that would preclude the making of a report by a | 1492 |
physician of an employee's use of a drug of abuse, or of a | 1493 |
condition of an employee other than one involving the use of a | 1494 |
drug of abuse, to the employer of the employee as described in | 1495 |
division (B) of section 2305.33 of the Revised Code. Nothing in | 1496 |
this division affects the immunity from civil liability conferred | 1497 |
by that section upon a physician who makes either type of report | 1498 |
in accordance with division (B) of that section. As used in this | 1499 |
division, "employee," "employer," and "physician" have the same | 1500 |
meanings as in section 2305.33 of the Revised Code. | 1501 |
In enforcing this division, the board, upon a showing of a | 1507 |
possible violation, may compel any individual authorized to | 1508 |
practice by this chapter or who has submitted an application | 1509 |
pursuant to this chapter to submit to a mental examination, | 1510 |
physical examination, including an HIV test, or both a mental and | 1511 |
a physical examination. The expense of the examination is the | 1512 |
responsibility of the individual compelled to be examined. Failure | 1513 |
to submit to a mental or physical examination or consent to an HIV | 1514 |
test ordered by the board constitutes an admission of the | 1515 |
allegations against the individual unless the failure is due to | 1516 |
circumstances beyond the individual's control, and a default and | 1517 |
final order may be entered without the taking of testimony or | 1518 |
presentation of evidence. If the board finds an individual unable | 1519 |
to practice because of the reasons set forth in this division, the | 1520 |
board shall require the individual to submit to care, counseling, | 1521 |
or treatment by physicians approved or designated by the board, as | 1522 |
a condition for initial, continued, reinstated, or renewed | 1523 |
authority to practice. An individual affected under this division | 1524 |
shall be afforded an opportunity to demonstrate to the board the | 1525 |
ability to resume practice in compliance with acceptable and | 1526 |
prevailing standards under the provisions of the individual's | 1527 |
certificate. For the purpose of this division, any individual who | 1528 |
applies for or receives a certificate to practice under this | 1529 |
chapter accepts the privilege of practicing in this state and, by | 1530 |
so doing, shall be deemed to have given consent to submit to a | 1531 |
mental or physical examination when directed to do so in writing | 1532 |
by the board, and to have waived all objections to the | 1533 |
admissibility of testimony or examination reports that constitute | 1534 |
a privileged communication. | 1535 |
(20) Except when civil penalties are imposed under section | 1536 |
4731.225 or 4731.281 of the Revised Code, and subject to section | 1537 |
4731.226 of the Revised Code, violating or attempting to violate, | 1538 |
directly or indirectly, or assisting in or abetting the violation | 1539 |
of, or conspiring to violate, any provisions of this chapter or | 1540 |
any rule promulgated by the board. | 1541 |
This division does not apply to a violation or attempted | 1542 |
violation of, assisting in or abetting the violation of, or a | 1543 |
conspiracy to violate, any provision of this chapter or any rule | 1544 |
adopted by the board that would preclude the making of a report by | 1545 |
a physician of an employee's use of a drug of abuse, or of a | 1546 |
condition of an employee other than one involving the use of a | 1547 |
drug of abuse, to the employer of the employee as described in | 1548 |
division (B) of section 2305.33 of the Revised Code. Nothing in | 1549 |
this division affects the immunity from civil liability conferred | 1550 |
by that section upon a physician who makes either type of report | 1551 |
in accordance with division (B) of that section. As used in this | 1552 |
division, "employee," "employer," and "physician" have the same | 1553 |
meanings as in section 2305.33 of the Revised Code. | 1554 |
(22) Any of the following actions taken by an agency | 1558 |
responsible for authorizing, certifying, or regulating an | 1559 |
individual to practice a health care occupation or provide health | 1560 |
care services in this state or another jurisdiction, for any | 1561 |
reason other than the nonpayment of fees: the limitation, | 1562 |
revocation, or suspension of an individual's license to practice; | 1563 |
acceptance of an individual's license surrender; denial of a | 1564 |
license; refusal to renew or reinstate a license; imposition of | 1565 |
probation; or issuance of an order of censure or other reprimand; | 1566 |
(23) The violation of section 2919.12 of the Revised Code or | 1567 |
the performance or inducement of an abortion upon a pregnant woman | 1568 |
with actual knowledge that the conditions specified in division | 1569 |
(B) of section 2317.56 of the Revised Code have not been satisfied | 1570 |
or with a heedless indifference as to whether those conditions | 1571 |
have been satisfied, unless an affirmative defense as specified in | 1572 |
division (H)(2) of that section would apply in a civil action | 1573 |
authorized by division (H)(1) of that section; | 1574 |
For the purposes of this division, any individual authorized | 1590 |
to practice by this chapter accepts the privilege of practicing in | 1591 |
this state subject to supervision by the board. By filing an | 1592 |
application for or holding a certificate to practice under this | 1593 |
chapter, an individual shall be deemed to have given consent to | 1594 |
submit to a mental or physical examination when ordered to do so | 1595 |
by the board in writing, and to have waived all objections to the | 1596 |
admissibility of testimony or examination reports that constitute | 1597 |
privileged communications. | 1598 |
If it has reason to believe that any individual authorized to | 1599 |
practice by this chapter or any applicant for certification to | 1600 |
practice suffers such impairment, the board may compel the | 1601 |
individual to submit to a mental or physical examination, or both. | 1602 |
The expense of the examination is the responsibility of the | 1603 |
individual compelled to be examined. Any mental or physical | 1604 |
examination required under this division shall be undertaken by a | 1605 |
treatment provider or physician who is qualified to conduct the | 1606 |
examination and who is chosen by the board. | 1607 |
Failure to submit to a mental or physical examination ordered | 1608 |
by the board constitutes an admission of the allegations against | 1609 |
the individual unless the failure is due to circumstances beyond | 1610 |
the individual's control, and a default and final order may be | 1611 |
entered without the taking of testimony or presentation of | 1612 |
evidence. If the board determines that the individual's ability to | 1613 |
practice is impaired, the board shall suspend the individual's | 1614 |
certificate or deny the individual's application and shall require | 1615 |
the individual, as a condition for initial, continued, reinstated, | 1616 |
or renewed certification to practice, to submit to treatment. | 1617 |
When the impaired practitioner resumes practice, the board | 1639 |
shall require continued monitoring of the individual. The | 1640 |
monitoring shall include, but not be limited to, compliance with | 1641 |
the written consent agreement entered into before reinstatement or | 1642 |
with conditions imposed by board order after a hearing, and, upon | 1643 |
termination of the consent agreement, submission to the board for | 1644 |
at least two years of annual written progress reports made under | 1645 |
penalty of perjury stating whether the individual has maintained | 1646 |
sobriety. | 1647 |
(34) Failure to cooperate in an investigation conducted by | 1684 |
the board under division (F) of this section, including failure to | 1685 |
comply with a subpoena or order issued by the board or failure to | 1686 |
answer truthfully a question presented by the board in an | 1687 |
investigative interview, an investigative office conference, at a | 1688 |
deposition, or in written interrogatories, except that failure to | 1689 |
cooperate with an investigation shall not constitute grounds for | 1690 |
discipline under this section if a court of competent jurisdiction | 1691 |
has issued an order that either quashes a subpoena or permits the | 1692 |
individual to withhold the testimony or evidence in issue; | 1693 |
(C) Disciplinary actions taken by the board under divisions | 1743 |
(A) and (B) of this section shall be taken pursuant to an | 1744 |
adjudication under Chapter 119. of the Revised Code, except that | 1745 |
in lieu of an adjudication, the board may enter into a consent | 1746 |
agreement with an individual to resolve an allegation of a | 1747 |
violation of this chapter or any rule adopted under it. A consent | 1748 |
agreement, when ratified by an affirmative vote of not fewer than | 1749 |
six members of the board, shall constitute the findings and order | 1750 |
of the board with respect to the matter addressed in the | 1751 |
agreement. If the board refuses to ratify a consent agreement, the | 1752 |
admissions and findings contained in the consent agreement shall | 1753 |
be of no force or effect. | 1754 |
If the board takes disciplinary action against an individual | 1760 |
under division (B) of this section for a second or subsequent plea | 1761 |
of guilty to, or judicial finding of guilt of, a violation of | 1762 |
section 2919.123 of the Revised Code, the disciplinary action | 1763 |
shall consist of a suspension of the individual's certificate to | 1764 |
practice for a period of at least one year or, if determined | 1765 |
appropriate by the board, a more serious sanction involving the | 1766 |
individual's certificate to practice. Any consent agreement | 1767 |
entered into under this division with an individual that pertains | 1768 |
to a second or subsequent plea of guilty to, or judicial finding | 1769 |
of guilt of, a violation of that section shall provide for a | 1770 |
suspension of the individual's certificate to practice for a | 1771 |
period of at least one year or, if determined appropriate by the | 1772 |
board, a more serious sanction involving the individual's | 1773 |
certificate to practice. | 1774 |
(D) For purposes of divisions (B)(10), (12), and (14) of this | 1775 |
section, the commission of the act may be established by a finding | 1776 |
by the board, pursuant to an adjudication under Chapter 119. of | 1777 |
the Revised Code, that the individual committed the act. The board | 1778 |
does not have jurisdiction under those divisions if the trial | 1779 |
court renders a final judgment in the individual's favor and that | 1780 |
judgment is based upon an adjudication on the merits. The board | 1781 |
has jurisdiction under those divisions if the trial court issues | 1782 |
an order of dismissal upon technical or procedural grounds. | 1783 |
(E) The sealing of conviction records by any court shall have | 1784 |
no effect upon a prior board order entered under this section or | 1785 |
upon the board's jurisdiction to take action under this section | 1786 |
if, based upon a plea of guilty, a judicial finding of guilt, or a | 1787 |
judicial finding of eligibility for intervention in lieu of | 1788 |
conviction, the board issued a notice of opportunity for a hearing | 1789 |
prior to the court's order to seal the records. The board shall | 1790 |
not be required to seal, destroy, redact, or otherwise modify its | 1791 |
records to reflect the court's sealing of conviction records. | 1792 |
(F)(1) The board shall investigate evidence that appears to | 1793 |
show that a person has violated any provision of this chapter or | 1794 |
any rule adopted under it. Any person may report to the board in a | 1795 |
signed writing any information that the person may have that | 1796 |
appears to show a violation of any provision of this chapter or | 1797 |
any rule adopted under it. In the absence of bad faith, any person | 1798 |
who reports information of that nature or who testifies before the | 1799 |
board in any adjudication conducted under Chapter 119. of the | 1800 |
Revised Code shall not be liable in damages in a civil action as a | 1801 |
result of the report or testimony. Each complaint or allegation of | 1802 |
a violation received by the board shall be assigned a case number | 1803 |
and shall be recorded by the board. | 1804 |
(2) Investigations of alleged violations of this chapter or | 1805 |
any rule adopted under it shall be supervised by the supervising | 1806 |
member elected by the board in accordance with section 4731.02 of | 1807 |
the Revised Code and by the secretary as provided in section | 1808 |
4731.39 of the Revised Code. The president may designate another | 1809 |
member of the board to supervise the investigation in place of the | 1810 |
supervising member. No member of the board who supervises the | 1811 |
investigation of a case shall participate in further adjudication | 1812 |
of the case. | 1813 |
(3) In investigating a possible violation of this chapter or | 1814 |
any rule adopted under this chapter, or in conducting an | 1815 |
inspection under division (E) of section 4731.054 of the Revised | 1816 |
Code, the board may question witnesses, conduct interviews, | 1817 |
administer oaths, order the taking of depositions, inspect and | 1818 |
copy any books, accounts, papers, records, or documents, issue | 1819 |
subpoenas, and compel the attendance of witnesses and production | 1820 |
of books, accounts, papers, records, documents, and testimony, | 1821 |
except that a subpoena for patient record information shall not be | 1822 |
issued without consultation with the attorney general's office and | 1823 |
approval of the secretary and supervising member of the board. | 1824 |
(a) Before issuance of a subpoena for patient record | 1825 |
information, the secretary and supervising member shall determine | 1826 |
whether there is probable cause to believe that the complaint | 1827 |
filed alleges a violation of this chapter or any rule adopted | 1828 |
under it and that the records sought are relevant to the alleged | 1829 |
violation and material to the investigation. The subpoena may | 1830 |
apply only to records that cover a reasonable period of time | 1831 |
surrounding the alleged violation. | 1832 |
(c) A subpoena issued by the board may be served by a | 1837 |
sheriff, the sheriff's deputy, or a board employee designated by | 1838 |
the board. Service of a subpoena issued by the board may be made | 1839 |
by delivering a copy of the subpoena to the person named therein, | 1840 |
reading it to the person, or leaving it at the person's usual | 1841 |
place of residence, usual place of business, or address on file | 1842 |
with the board. When serving a subpoena to an applicant for or the | 1843 |
holder of a certificate issued under this chapter, service of the | 1844 |
subpoena may be made by certified mail, return receipt requested, | 1845 |
and the subpoena shall be deemed served on the date delivery is | 1846 |
made or the date the person refuses to accept delivery. If the | 1847 |
person being served refuses to accept the subpoena or is not | 1848 |
located, service may be made to an attorney who notifies the board | 1849 |
that the attorney is representing the person. | 1850 |
The board shall conduct all investigations or inspections and | 1863 |
proceedings in a manner that protects the confidentiality of | 1864 |
patients and persons who file complaints with the board. The board | 1865 |
shall not make public the names or any other identifying | 1866 |
information about patients or complainants unless proper consent | 1867 |
is given or, in the case of a patient, a waiver of the patient | 1868 |
privilege exists under division (B) of section 2317.02 of the | 1869 |
Revised Code, except that consent or a waiver of that nature is | 1870 |
not required if the board possesses reliable and substantial | 1871 |
evidence that no bona fide physician-patient relationship exists. | 1872 |
The board may share any information it receives pursuant to | 1873 |
an investigation or inspection, including patient records and | 1874 |
patient record information, with law enforcement agencies, other | 1875 |
licensing boards, and other governmental agencies that are | 1876 |
prosecuting, adjudicating, or investigating alleged violations of | 1877 |
statutes or administrative rules. An agency or board that receives | 1878 |
the information shall comply with the same requirements regarding | 1879 |
confidentiality as those with which the state medical board must | 1880 |
comply, notwithstanding any conflicting provision of the Revised | 1881 |
Code or procedure of the agency or board that applies when it is | 1882 |
dealing with other information in its possession. In a judicial | 1883 |
proceeding, the information may be admitted into evidence only in | 1884 |
accordance with the Rules of Evidence, but the court shall require | 1885 |
that appropriate measures are taken to ensure that confidentiality | 1886 |
is maintained with respect to any part of the information that | 1887 |
contains names or other identifying information about patients or | 1888 |
complainants whose confidentiality was protected by the state | 1889 |
medical board when the information was in the board's possession. | 1890 |
Measures to ensure confidentiality that may be taken by the court | 1891 |
include sealing its records or deleting specific information from | 1892 |
its records. | 1893 |
The board shall issue a written order of suspension by | 1923 |
certified mail or in person in accordance with section 119.07 of | 1924 |
the Revised Code. The order shall not be subject to suspension by | 1925 |
the court during pendency of any appeal filed under section 119.12 | 1926 |
of the Revised Code. If the individual subject to the summary | 1927 |
suspension requests an adjudicatory hearing by the board, the date | 1928 |
set for the hearing shall be within fifteen days, but not earlier | 1929 |
than seven days, after the individual requests the hearing, unless | 1930 |
otherwise agreed to by both the board and the individual. | 1931 |
Any summary suspension imposed under this division shall | 1932 |
remain in effect, unless reversed on appeal, until a final | 1933 |
adjudicative order issued by the board pursuant to this section | 1934 |
and Chapter 119. of the Revised Code becomes effective. The board | 1935 |
shall issue its final adjudicative order within seventy-five days | 1936 |
after completion of its hearing. A failure to issue the order | 1937 |
within seventy-five days shall result in dissolution of the | 1938 |
summary suspension order but shall not invalidate any subsequent, | 1939 |
final adjudicative order. | 1940 |
(H) If the board takes action under division (B)(9), (11), or | 1941 |
(13) of this section and the judicial finding of guilt, guilty | 1942 |
plea, or judicial finding of eligibility for intervention in lieu | 1943 |
of conviction is overturned on appeal, upon exhaustion of the | 1944 |
criminal appeal, a petition for reconsideration of the order may | 1945 |
be filed with the board along with appropriate court documents. | 1946 |
Upon receipt of a petition of that nature and supporting court | 1947 |
documents, the board shall reinstate the individual's certificate | 1948 |
to practice. The board may then hold an adjudication under Chapter | 1949 |
119. of the Revised Code to determine whether the individual | 1950 |
committed the act in question. Notice of an opportunity for a | 1951 |
hearing shall be given in accordance with Chapter 119. of the | 1952 |
Revised Code. If the board finds, pursuant to an adjudication held | 1953 |
under this division, that the individual committed the act or if | 1954 |
no hearing is requested, the board may order any of the sanctions | 1955 |
identified under division (B) of this section. | 1956 |
(I) The certificate to practice issued to an individual under | 1957 |
this chapter and the individual's practice in this state are | 1958 |
automatically suspended as of the date of the individual's second | 1959 |
or subsequent plea of guilty to, or judicial finding of guilt of, | 1960 |
a violation of section 2919.123 of the Revised Code, or the date | 1961 |
the individual pleads guilty to, is found by a judge or jury to be | 1962 |
guilty of, or is subject to a judicial finding of eligibility for | 1963 |
intervention in lieu of conviction in this state or treatment or | 1964 |
intervention in lieu of conviction in another jurisdiction for any | 1965 |
of the following criminal offenses in this state or a | 1966 |
substantially equivalent criminal offense in another jurisdiction: | 1967 |
aggravated murder, murder, voluntary manslaughter, felonious | 1968 |
assault, kidnapping, rape, sexual battery, gross sexual | 1969 |
imposition, aggravated arson, aggravated robbery, or aggravated | 1970 |
burglary. Continued practice after suspension shall be considered | 1971 |
practicing without a certificate. | 1972 |
(1) If the automatic suspension under this division is for a | 1980 |
second or subsequent plea of guilty to, or judicial finding of | 1981 |
guilt of, a violation of section 2919.123 of the Revised Code, the | 1982 |
board shall enter an order suspending the individual's certificate | 1983 |
to practice for a period of at least one year or, if determined | 1984 |
appropriate by the board, imposing a more serious sanction | 1985 |
involving the individual's certificate to practice. | 1986 |
(J) If the board is required by Chapter 119. of the Revised | 1990 |
Code to give notice of an opportunity for a hearing and if the | 1991 |
individual subject to the notice does not timely request a hearing | 1992 |
in accordance with section 119.07 of the Revised Code, the board | 1993 |
is not required to hold a hearing, but may adopt, by an | 1994 |
affirmative vote of not fewer than six of its members, a final | 1995 |
order that contains the board's findings. In that final order, the | 1996 |
board may order any of the sanctions identified under division (A) | 1997 |
or (B) of this section. | 1998 |
(K) Any action taken by the board under division (B) of this | 1999 |
section resulting in a suspension from practice shall be | 2000 |
accompanied by a written statement of the conditions under which | 2001 |
the individual's certificate to practice may be reinstated. The | 2002 |
board shall adopt rules governing conditions to be imposed for | 2003 |
reinstatement. Reinstatement of a certificate suspended pursuant | 2004 |
to division (B) of this section requires an affirmative vote of | 2005 |
not fewer than six members of the board. | 2006 |
(L) When the board refuses to grant a certificate to an | 2007 |
applicant, revokes an individual's certificate to practice, | 2008 |
refuses to register an applicant, or refuses to reinstate an | 2009 |
individual's certificate to practice, the board may specify that | 2010 |
its action is permanent. An individual subject to a permanent | 2011 |
action taken by the board is forever thereafter ineligible to hold | 2012 |
a certificate to practice and the board shall not accept an | 2013 |
application for reinstatement of the certificate or for issuance | 2014 |
of a new certificate. | 2015 |
(1) The surrender of a certificate issued under this chapter | 2018 |
shall not be effective unless or until accepted by the board. A | 2019 |
telephone conference call may be utilized for acceptance of the | 2020 |
surrender of an individual's certificate to practice. The | 2021 |
telephone conference call shall be considered a special meeting | 2022 |
under division (F) of section 121.22 of the Revised Code. | 2023 |
Reinstatement of a certificate surrendered to the board requires | 2024 |
an affirmative vote of not fewer than six members of the board. | 2025 |
(O) Under the board's investigative duties described in this | 2047 |
section and subject to division (F) of this section, the board | 2048 |
shall develop and implement a quality intervention program | 2049 |
designed to improve through remedial education the clinical and | 2050 |
communication skills of individuals authorized under this chapter | 2051 |
to practice medicine and surgery, osteopathic medicine and | 2052 |
surgery, and podiatric medicine and surgery. In developing and | 2053 |
implementing the quality intervention program, the board may do | 2054 |
all of the following: | 2055 |
(D) The department may waive the requirement of division | 2111 |
(C)(6) of this section if it receives, from each public or private | 2112 |
school, licensed child day-care center, or other child-serving | 2113 |
agency that is within the applicablefive hundred linear feet | 2114 |
radius of the location where the program is to maintain methadone | 2115 |
treatment, a letter of support for the location. The department | 2116 |
shall determine whether a letter of support is satisfactory for | 2117 |
purposes of waiving the requirement. | 2118 |
(F) The department shall establish procedures and adopt rules | 2121 |
for licensing, inspection, and supervision of community addiction | 2122 |
services providers that maintain methadone treatment. The rules | 2123 |
shall establish standards for the control, storage, furnishing, | 2124 |
use, and dispensing of methadone,; prescribe minimum standards for | 2125 |
the operation of the methadone treatment component of the | 2126 |
provider's operations; and comply with federal laws and | 2127 |
regulations. | 2128 |
(J) The department may issue orders to assure compliance with | 2158 |
section 3719.61 of the Revised Code, all other laws relating to | 2159 |
drug abuse, and the rules adopted under this section. Subject to | 2160 |
section 5119.27 of the Revised Code, the department may hold | 2161 |
hearings, require the production of relevant matter, compel | 2162 |
testimony, issue subpoenas, and make adjudications. Upon failure | 2163 |
of a person without lawful excuse to obey a subpoena or to produce | 2164 |
relevant matter, the department may apply to a court of common | 2165 |
pleas for an order compelling compliance. | 2166 |
(K) The department may refuse to issue, or may withdraw or | 2167 |
revoke, a license to maintain methadone treatment. A license may | 2168 |
be refused if a community addiction services provider does not | 2169 |
meet the requirements of division (C) of this section. A license | 2170 |
may be withdrawn at any time the department determines that the | 2171 |
program no longer meets the requirements for receiving the | 2172 |
license. A license may be revoked in accordance with division (L) | 2173 |
of this section. | 2174 |
(L) If the department of mental health and addiction services | 2180 |
finds reasonable cause to believe that a community addiction | 2181 |
services provider licensed under this section is in violation of | 2182 |
any provision of section 3719.61 of the Revised Code, or of any | 2183 |
other state or federal law or rule relating to drug abuse, the | 2184 |
department may issue an order immediately revoking the license, | 2185 |
subject to division (M) of this section. The department shall set | 2186 |
a date not more than fifteen days later than the date of the order | 2187 |
of revocation for a hearing on the continuation or cancellation of | 2188 |
the revocation. For good cause, the department may continue the | 2189 |
hearing on application of any interested party. In conducting | 2190 |
hearings, the department has all the authority and power set forth | 2191 |
in division (J) of this section. Following the hearing, the | 2192 |
department shall either confirm or cancel the revocation. The | 2193 |
hearing shall be conducted in accordance with Chapter 119. of the | 2194 |
Revised Code, except that the provider shall not be permitted to | 2195 |
maintain methadone treatment pending the hearing or pending any | 2196 |
appeal from an adjudication made as a result of the hearing. | 2197 |
Notwithstanding any provision of Chapter 119. of the Revised Code | 2198 |
to the contrary, a court shall not stay or suspend any order of | 2199 |
revocation issued by the director under this division pending | 2200 |
judicial appeal. | 2201 |
(M) The department shall not revoke a license to maintain | 2202 |
methadone treatment unless all services recipients receiving | 2203 |
methadone treatment from the community addiction services provider | 2204 |
are provided adequate substitute treatment. For purposes of this | 2205 |
division, the department may transfer the services recipients to | 2206 |
other programs licensed to maintain methadone treatment or replace | 2207 |
any or all of the administrators and staff of the provider with | 2208 |
representatives of the department who shall continue on a | 2209 |
provisional basis the methadone treatment component of the | 2210 |
program. | 2211 |
(N) Each time the department receives an application from a | 2212 |
community addiction services provider for a license to maintain | 2213 |
methadone treatment, issues or refuses to issue a license, or | 2214 |
withdraws or revokes a license, the department shall notify the | 2215 |
board of alcohol, drug addiction, and mental health services of | 2216 |
each alcohol, drug addiction, and mental health service district | 2217 |
in which the provider operates. | 2218 |
(O) Whenever it appears to the department from files, upon | 2219 |
complaint, or otherwise, that a community addiction services | 2220 |
provider has engaged in any practice declared to be illegal or | 2221 |
prohibited by section 3719.61 of the Revised Code, or any other | 2222 |
state or federal laws or regulations relating to drug abuse, or | 2223 |
when the department believes it to be in the best interest of the | 2224 |
public and necessary for the protection of the citizens of the | 2225 |
state, the department may request criminal proceedings by laying | 2226 |
before the prosecuting attorney of the proper county any evidence | 2227 |
of criminality which may come to its knowledge. | 2228 |
(P) The department shall maintain a current list of community | 2229 |
addiction services providers licensed by the department under this | 2230 |
section and shall provide a copy of the current list to a judge of | 2231 |
a court of common pleas who requests a copy for the use of the | 2232 |
judge under division (H) of section 2925.03 of the Revised Code. | 2233 |
The list of licensed community addiction services providers shall | 2234 |
identify each licensed provider by its name, its address, and the | 2235 |
county in which it is located. | 2236 |
Sec. 5119.392. (A) On application by a community addiction | 2237 |
services provider that has purchased or leased real property to be | 2238 |
used as the location of a methadone treatment program licensed | 2239 |
under section 5119.391 of the Revised Code, the department of | 2240 |
mental health and addiction services shall determine whether there | 2241 |
is a public or private school, licensed child day-care center, or | 2242 |
other child-serving agency within a radius of five hundred linear | 2243 |
feet of the location of the property. | 2244 |
(B) A community addiction services provider that desires to | 2263 |
relocate a methadone treatment program licensed under section | 2264 |
5119.391 of the Revised Code may apply for and be granted a | 2265 |
declaration under division (A) of this section. If, before | 2266 |
expiration of the declaration and any extensions, the provider | 2267 |
applies for issuance of a license due to relocation, the | 2268 |
department shall not consider the requirement of division (C)(6) | 2269 |
of section 5119.391 of the Revised Code in determining whether to | 2270 |
reissue the license due to relocation. | 2271 |