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

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 314

Representatives Baker, Kunze 

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 

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A BILL

To amend sections 307.627, 307.629, 4715.30, 4723.28,

1

4723.481, 4725.19, 4730.25, 4730.41, 4731.22, and

2

5119.391 and to enact sections 3719.061 and

3

5119.392 of the Revised Code regarding informed

4

consent requirements for opioid prescriptions

5

issued to minors, disclosure of medical and other

6

information to child fatality review boards and

7

fetal and infant mortality review teams, and the

8

location of methadone treatment facilities.

9

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

Section 1. That sections 307.627, 307.629, 4715.30, 4723.28,	10
4723.481, 4725.19, 4730.25, 4730.41, 4731.22, and 5119.391 be	11
amended and sections 3719.061 and 5119.392 of the Revised Code be	12
enacted to read as follows:	13

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

(a) With respect to a request made to a health care entity,	23
the summary sheet shall contain only information available and	24
reasonably drawn from the child's medical record created by the	25
health care entity. With	26

(b) With respect to a request made to any other individual or	27
entity, the summary shall contain only information available and	28
reasonably drawn from any record involving the child that the	29
individual or entity develops in the normal course of business.	30
On	31

(c) On the request of the review board, an individual or	32
entity may, at the individual or entity's discretion, make any	33
additional information, documents, or reports available to the	34
review board. For	35

(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

(3) For purposes of the review, the review board shall have	47
access to confidential information provided to the review board	48
under this divisionsection or division (H)(4) of section 2151.421	49
of the Revised Code, and each member of the review board shall	50
preserve the confidentiality of that information.	51

(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

(B) A review board may disclose the confidential information	71
described in division (A) of this section to a fetal and infant	72
mortality review team.	73

(C) No person shall permit or encourage the unauthorized	74
dissemination of the confidential information described in	75
division (A) of this section.	76

(C)(D) Whoever violates division (B)(C) of this section is	77
guilty of a misdemeanor of the second degree.	78

Sec. 3719.061.  (A)(1) As used in this section:

79

(a) "Another adult authorized to consent to the minor's	80
medical treatment" means an adult to whom a minor's parent or	81
guardian has given written authorization to consent to the minor's	82
medical treatment.	83

(b) "Medical emergency" means a situation that in a	84
prescriber's good faith medical judgment creates an immediate	85
threat of serious risk to the life or physical health of a minor.	86

(c) "Minor" means an individual under eighteen years of age	87
who is not emancipated.	88

(2) For purposes of this section, an individual under	89
eighteen years of age is emancipated only if the individual has	90
married, entered the armed services of the United States, became	91
employed and self-sustaining, or has otherwise become independent	92
from the care and control of the individual's parent, guardian, or	93
custodian.	94

(B) Except as provided in division (C) of this section,	95
before issuing for a minor the first prescription in a single	96
course of treatment for a particular compound that is a controlled	97
substance containing an opioid, regardless of whether the dosage	98
is modified during that course of treatment, a prescriber shall do	99
all of the following:	100

(1) As part of the prescriber's examination of the minor,	101
assess whether the minor has ever suffered, or is currently	102
suffering, from mental health or substance abuse disorders and	103
whether the minor has taken or is currently taking prescription	104
drugs for treatment of those disorders;	105

(2) Discuss with the minor and the minor's parent, guardian,	106
or another adult authorized to consent to the minor's medical	107
treatment all of the following:	108

(a) The risks of addiction and overdose associated with the	109
compound;	110

(b) The increased risk of addiction to controlled substances	111
of individuals suffering from both mental and substance abuse	112
disorders;	113

(c) The dangers of taking controlled substances containing	114
opioids with benzodiazepines, alcohol, or other central nervous	115
system depressants;	116

(d) Any other information in the patient counseling	117
information section of the labeling for the compound required	118
under 21 C.F.R. 201.57(c)(18).	119

(3) Obtain written consent for the prescription from the	120
minor's parent, guardian, or, subject to division (E) of this	121
section, another adult authorized to consent to the minor's	122
medical treatment.	123

The prescriber shall record the consent on a form, which	124
shall be known as the "Start Talking!" consent form. The form	125
shall be separate from any other document the prescriber uses to	126
obtain informed consent for other treatment provided to the minor.	127
The form shall contain all of the following:	128

(a) The name and quantity of the compound being prescribed	129
and the amount of the initial dose;	130

(b) A statement indicating that a controlled substance is a	131
drug or other substance that the United States drug enforcement	132
administration has identified as having a potential for abuse;	133

(c) A statement certifying that the prescriber discussed with	134
the minor and the minor's parent, guardian, or another adult	135
authorized to consent to the minor's medical treatment the matters	136
described in division (B)(2) of this section;	137

(d) The number of refills, if any, authorized by the	138
prescription;	139

(e) The signature of the minor's parent, guardian, or another	140
adult authorized to consent to the minor's medical treatment and	141
the date of signing.	142

(C)(1) The requirements in division (B) of this section do	143
not apply if the minor's treatment with a compound that is a	144
controlled substance containing an opioid meets any of the	145
following criteria:	146

(a) The treatment is associated with or incident to a medical	147
emergency.	148

(b) The treatment is associated with or incident to surgery,	149
regardless of whether the surgery is performed on an inpatient or	150
outpatient basis.	151

(c) In the prescriber's professional judgment, fulfilling the	152
requirements of division (B) of this section with respect to the	153
minor's treatment would be a detriment to the minor's health or	154
safety.	155

(d) Except as provided in division (D) of this section, the	156
treatment is rendered in a hospital, ambulatory surgical facility,	157
nursing home, pediatric respite care program, residential care	158
facility, freestanding rehabilitation facility, or similar	159
institutional facility.	160

(2) The requirements in division (B) of this section do not	161
apply to a prescription for a compound that is a controlled	162
substance containing an opioid that a prescriber issues to a minor	163
at the time of discharge from a facility or other location	164
described in division (C)(1)(d) of this section.	165

(D) The exemption in division (C)(1)(d) of this section does	166
not apply to treatment rendered in a prescriber's office that is	167
located on the premises of or adjacent to a facility or other	168
location described in that division.	169

(E) If the individual who signs the consent form required by	170
division (B)(3) of this section is another adult authorized to	171
consent to the minor's medical treatment, the prescriber shall	172
prescribe not more than a single, seventy-two-hour supply and	173
indicate on the prescription the quantity that is to be dispensed	174
pursuant to the prescription.	175

(F) A signed "Start Talking!" consent form obtained under	176
this section shall be maintained in the minor's medical record.	177

Sec. 4715.30.  (A) An applicant for or holder of a	178
certificate or license issued under this chapter is subject to	179
disciplinary action by the state dental board for any of the	180
following reasons:	181

(1) Employing or cooperating in fraud or material deception	182
in applying for or obtaining a license or certificate;	183

(2) Obtaining or attempting to obtain money or anything of	184
value by intentional misrepresentation or material deception in	185
the course of practice;	186

(3) Advertising services in a false or misleading manner or	187
violating the board's rules governing time, place, and manner of	188
advertising;	189

(4) Commission of an act that constitutes a felony in this	190
state, regardless of the jurisdiction in which the act was	191
committed;	192

(5) Commission of an act in the course of practice that	193
constitutes a misdemeanor in this state, regardless of the	194
jurisdiction in which the act was committed;	195

(6) Conviction of, a plea of guilty to, a judicial finding of	196
guilt of, a judicial finding of guilt resulting from a plea of no	197
contest to, or a judicial finding of eligibility for intervention	198
in lieu of conviction for, any felony or of a misdemeanor	199
committed in the course of practice;	200

(7) Engaging in lewd or immoral conduct in connection with	201
the provision of dental services;	202

(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

(10) Inability to practice under accepted standards of the	219
profession because of physical or mental disability, dependence on	220
alcohol or other drugs, or excessive use of alcohol or other	221
drugs;	222

(11) Violation of any provision of this chapter or any rule	223
adopted thereunder;	224

(12) Failure to use universal blood and body fluid	225
precautions established by rules adopted under section 4715.03 of	226
the Revised Code;	227

(13) Except as provided in division (H) of this section,	228
either of the following:	229

(a) Waiving the payment of all or any part of a deductible or	230
copayment that a patient, pursuant to a health insurance or health	231
care policy, contract, or plan that covers dental services, would	232
otherwise be required to pay if the waiver is used as an	233
enticement to a patient or group of patients to receive health	234
care services from that certificate or license holder;	235

(b) Advertising that the certificate or license holder will	236
waive the payment of all or any part of a deductible or copayment	237
that a patient, pursuant to a health insurance or health care	238
policy, contract, or plan that covers dental services, would	239
otherwise be required to pay.	240

(14) Failure to comply with section 4729.79 of the Revised	241
Code, unless the state board of pharmacy no longer maintains a	242
drug database pursuant to section 4729.75 of the Revised Code;	243

(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

(17) Failure to comply with the requirements in section	263
3719.061 of the Revised Code before issuing to a minor a	264
prescription for a controlled substance containing an opioid.	265

(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

(C) Subject to Chapter 119. of the Revised Code, the board	273
may take one or more of the following disciplinary actions if one	274
or more of the grounds for discipline listed in divisions (A) and	275
(B) of this section exist:	276

(1) Censure the license or certificate holder;

277

(2) Place the license or certificate on probationary status	278
for such period of time the board determines necessary and require	279
the holder to:	280

(a) Report regularly to the board upon the matters which are	281
the basis of probation;	282

(b) Limit practice to those areas specified by the board;

283

(c) Continue or renew professional education until a	284
satisfactory degree of knowledge or clinical competency has been	285
attained in specified areas.	286

(3) Suspend the certificate or license;

287

(4) Revoke the certificate or license.

288

Where the board places a holder of a license or certificate	289
on probationary status pursuant to division (C)(2) of this	290
section, the board may subsequently suspend or revoke the license	291
or certificate if it determines that the holder has not met the	292
requirements of the probation or continues to engage in activities	293
that constitute grounds for discipline pursuant to division (A) or	294
(B) of this section.	295

Any order suspending a license or certificate shall state the	296
conditions under which the license or certificate will be	297
restored, which may include a conditional restoration during which	298
time the holder is in a probationary status pursuant to division	299
(C)(2) of this section. The board shall restore the license or	300
certificate unconditionally when such conditions are met.	301

(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

Failure to comply with an order for an examination shall be	313
grounds for refusal of a license or certificate or summary	314
suspension of a license or certificate under division (E) of this	315
section.	316

(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

(G) If the supervisory investigative panel determines both of	355
the following, the panel may recommend that the board suspend an	356
individual's certificate or license without a prior hearing:	357

(1) That there is clear and convincing evidence that an	358
individual has violated division (A) of this section;	359

(2) That the individual's continued practice presents a	360
danger of immediate and serious harm to the public.	361

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

(H) Sanctions shall not be imposed under division (A)(13) of	388
this section against any certificate or license holder who waives	389
deductibles and copayments as follows:	390

(1) In compliance with the health benefit plan that expressly	391
allows such a practice. Waiver of the deductibles or copayments	392
shall be made only with the full knowledge and consent of the plan	393
purchaser, payer, and third-party administrator. Documentation of	394
the consent shall be made available to the board upon request.	395

(2) For professional services rendered to any other person	396
who holds a certificate or license issued pursuant to this chapter	397
to the extent allowed by this chapter and the rules of the board.	398

(I) In no event shall the board consider or raise during a	399
hearing required by Chapter 119. of the Revised Code the	400
circumstances of, or the fact that the board has received, one or	401
more complaints about a person unless the one or more complaints	402
are the subject of the hearing or resulted in the board taking an	403
action authorized by this section against the person on a prior	404
occasion.	405

(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

(1) Denial, revocation, suspension, or restriction of	450
authority to engage in a licensed profession or practice a health	451
care occupation, including nursing or practice as a dialysis	452
technician, for any reason other than a failure to renew, in Ohio	453
or another state or jurisdiction;	454

(2) Engaging in the practice of nursing or engaging in	455
practice as a dialysis technician, having failed to renew a	456
nursing license or dialysis technician certificate issued under	457
this chapter, or while a nursing license or dialysis technician	458
certificate is under suspension;	459

(3) Conviction of, a plea of guilty to, a judicial finding of	460
guilt of, a judicial finding of guilt resulting from a plea of no	461
contest to, or a judicial finding of eligibility for a pretrial	462
diversion or similar program or for intervention in lieu of	463
conviction for, a misdemeanor committed in the course of practice;	464

(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

(8) Self-administering or otherwise taking into the body any	491
dangerous drug, as defined in section 4729.01 of the Revised Code,	492
in any way that is not in accordance with a legal, valid	493
prescription issued for that individual, or self-administering or	494
otherwise taking into the body any drug that is a schedule I	495
controlled substance;	496

(9) Habitual or excessive use of controlled substances, other	497
habit-forming drugs, or alcohol or other chemical substances to an	498
extent that impairs the individual's ability to provide safe	499
nursing care or safe dialysis care;	500

(10) Impairment of the ability to practice according to	501
acceptable and prevailing standards of safe nursing care or safe	502
dialysis care because of the use of drugs, alcohol, or other	503
chemical substances;	504

(11) Impairment of the ability to practice according to	505
acceptable and prevailing standards of safe nursing care or safe	506
dialysis care because of a physical or mental disability;	507

(12) Assaulting or causing harm to a patient or depriving a	508
patient of the means to summon assistance;	509

(13) Misappropriation or attempted misappropriation of money	510
or anything of value in the course of practice;	511

(14) Adjudication by a probate court of being mentally ill or	512
mentally incompetent. The board may reinstate the person's nursing	513
license or dialysis technician certificate upon adjudication by a	514
probate court of the person's restoration to competency or upon	515
submission to the board of other proof of competency.	516

(15) The suspension or termination of employment by the	517
department of defense or the veterans administration of the United	518
States for any act that violates or would violate this chapter;	519

(16) Violation of this chapter or any rules adopted under it;

520

(17) Violation of any restrictions placed by the board on a	521
nursing license or dialysis technician certificate;	522

(18) Failure to use universal and standard precautions	523
established by rules adopted under section 4723.07 of the Revised	524
Code;	525

(19) Failure to practice in accordance with acceptable and	526
prevailing standards of safe nursing care or safe dialysis care;	527

(20) In the case of a registered nurse, engaging in	528
activities that exceed the practice of nursing as a registered	529
nurse;	530

(21) In the case of a licensed practical nurse, engaging in	531
activities that exceed the practice of nursing as a licensed	532
practical nurse;	533

(22) In the case of a dialysis technician, engaging in	534
activities that exceed those permitted under section 4723.72 of	535
the Revised Code;	536

(23) Aiding and abetting a person in that person's practice	537
of nursing without a license or practice as a dialysis technician	538
without a certificate issued under this chapter;	539

(24) In the case of a certified registered nurse anesthetist,	540
clinical nurse specialist, certified nurse-midwife, or certified	541
nurse practitioner, except as provided in division (M) of this	542
section, either of the following:	543

(a) Waiving the payment of all or any part of a deductible or	544
copayment that a patient, pursuant to a health insurance or health	545
care policy, contract, or plan that covers such nursing services,	546
would otherwise be required to pay if the waiver is used as an	547
enticement to a patient or group of patients to receive health	548
care services from that provider;	549

(b) Advertising that the nurse will waive the payment of all	550
or any part of a deductible or copayment that a patient, pursuant	551
to a health insurance or health care policy, contract, or plan	552
that covers such nursing services, would otherwise be required to	553
pay.	554

(25) Failure to comply with the terms and conditions of	555
participation in the chemical dependency monitoring program	556
established under section 4723.35 of the Revised Code;	557

(26) Failure to comply with the terms and conditions required	558
under the practice intervention and improvement program	559
established under section 4723.282 of the Revised Code;	560

(27) In the case of a certified registered nurse anesthetist,	561
clinical nurse specialist, certified nurse-midwife, or certified	562
nurse practitioner:	563

(a) Engaging in activities that exceed those permitted for	564
the nurse's nursing specialty under section 4723.43 of the Revised	565
Code;	566

(b) Failure to meet the quality assurance standards	567
established under section 4723.07 of the Revised Code.	568

(28) In the case of a clinical nurse specialist, certified	569
nurse-midwife, or certified nurse practitioner, failure to	570
maintain a standard care arrangement in accordance with section	571
4723.431 of the Revised Code or to practice in accordance with the	572
standard care arrangement;	573

(29) In the case of a clinical nurse specialist, certified	574
nurse-midwife, or certified nurse practitioner who holds a	575
certificate to prescribe issued under section 4723.48 of the	576
Revised Code, failure to prescribe drugs and therapeutic devices	577
in accordance with section 4723.481 of the Revised Code;	578

(30) Prescribing any drug or device to perform or induce an	579
abortion, or otherwise performing or inducing an abortion;	580

(31) Failure to establish and maintain professional	581
boundaries with a patient, as specified in rules adopted under	582
section 4723.07 of the Revised Code;	583

(32) Regardless of whether the contact or verbal behavior is	584
consensual, engaging with a patient other than the spouse of the	585
registered nurse, licensed practical nurse, or dialysis technician	586
in any of the following:	587

(a) Sexual contact, as defined in section 2907.01 of the	588
Revised Code;	589

(b) Verbal behavior that is sexually demeaning to the patient	590
or may be reasonably interpreted by the patient as sexually	591
demeaning.	592

(33) Assisting suicide as defined in section 3795.01 of the	593
Revised Code;	594

(34) Failure to comply with the requirements in section	595
3719.061 of the Revised Code before issuing to a minor a	596
prescription for a controlled substance containing an opioid.	597

(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

(D) The hearings of the board shall be conducted in	609
accordance with Chapter 119. of the Revised Code, the board may	610
appoint a hearing examiner, as provided in section 119.09 of the	611
Revised Code, to conduct any hearing the board is authorized to	612
hold under Chapter 119. of the Revised Code.	613

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

The board shall not be required to seal, destroy, redact, or	667
otherwise modify its records to reflect the court's sealing of	668
conviction records.	669

(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

(I) All of the following apply under this chapter with	716
respect to the confidentiality of information:	717

(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

(2) If an investigation requires a review of patient records,	731
the investigation and proceeding shall be conducted in such a	732
manner as to protect patient confidentiality.	733

(3) All adjudications and investigations of the board shall	734
be considered civil actions for the purposes of section 2305.252	735
of the Revised Code.	736

(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

(J) Any action taken by the board under this section	746
resulting in a suspension from practice shall be accompanied by a	747
written statement of the conditions under which the person may be	748
reinstated to practice.	749

(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

(M) Sanctions shall not be imposed under division (B)(24) of	769
this section against any licensee who waives deductibles and	770
copayments as follows:	771

(1) In compliance with the health benefit plan that expressly	772
allows such a practice. Waiver of the deductibles or copayments	773
shall be made only with the full knowledge and consent of the plan	774
purchaser, payer, and third-party administrator. Documentation of	775
the consent shall be made available to the board upon request.	776

(2) For professional services rendered to any other person	777
licensed pursuant to this chapter to the extent allowed by this	778
chapter and the rules of the board.	779

Sec. 4723.481.  This section establishes standards and	780
conditions regarding the authority of a clinical nurse specialist,	781
certified nurse-midwife, or certified nurse practitioner to	782
prescribe drugs and therapeutic devices under a certificate to	783
prescribe issued under section 4723.48 of the Revised Code.	784

(A) A clinical nurse specialist, certified nurse-midwife, or	785
certified nurse practitioner shall not prescribe any drug or	786
therapeutic device that is not included in the types of drugs and	787
devices listed on the formulary established in rules adopted under	788
section 4723.50 of the Revised Code.	789

(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

(C)(1) Except as provided in division (C)(2) or (3) of this	797
section, a clinical nurse specialist, certified nurse-midwife, or	798
certified nurse practitioner may prescribe to a patient a schedule	799
II controlled substance only if all of the following are the case:	800

(a) The patient has a terminal condition, as defined in	801
section 2133.01 of the Revised Code.	802

(b) The collaborating physician of the clinical nurse	803
specialist, certified nurse-midwife, or certified nurse	804
practitioner initially prescribed the substance for the patient.	805

(c) The prescription is for an amount that does not exceed	806
the amount necessary for the patient's use in a single,	807
twenty-four-hour period.	808

(2) The restrictions on prescriptive authority in division	809
(C)(1) of this section do not apply if a clinical nurse	810
specialist, certified nurse-midwife, or certified nurse	811
practitioner issues the prescription to the patient from any of	812
the following locations:	813

(a) A hospital registered under section 3701.07 of the	814
Revised Code;	815

(b) An entity owned or controlled, in whole or in part, by a	816
hospital or by an entity that owns or controls, in whole or in	817
part, one or more hospitals;	818

(c) A health care facility operated by the department of	819
mental health and addiction services or the department of	820
developmental disabilities;	821

(d) A nursing home licensed under section 3721.02 of the	822
Revised Code or by a political subdivision certified under section	823
3721.09 of the Revised Code;	824

(e) A county home or district home operated under Chapter	825
5155. of the Revised Code that is certified under the medicare or	826
medicaid program;	827

(f) A hospice care program, as defined in section 3712.01 of	828
the Revised Code;	829

(g) A community mental health services provider, as defined	830
in section 5122.01 of the Revised Code;	831

(h) An ambulatory surgical facility, as defined in section	832
3702.30 of the Revised Code;	833

(i) A freestanding birthing center, as defined in section	834
3702.141 of the Revised Code;	835

(j) A federally qualified health center, as defined in	836
section 3701.047 of the Revised Code;	837

(k) A federally qualified health center look-alike, as	838
defined in section 3701.047 of the Revised Code;	839

(l) A health care office or facility operated by the board of	840
health of a city or general health district or the authority	841
having the duties of a board of health under section 3709.05 of	842
the Revised Code;	843

(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

(3) A clinical nurse specialist, certified nurse-midwife, or	852
certified nurse practitioner shall not issue to a patient a	853
prescription for a schedule II controlled substance from a	854
convenience care clinic even if the clinic is owned or operated by	855
an entity specified in division (C)(2) of this section.	856

(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

(E) A clinical nurse specialist, certified nurse-midwife, or	865
certified nurse practitioner may personally furnish to a patient a	866
sample of any drug or therapeutic device included in the types of	867
drugs and devices listed on the formulary, except that all of the	868
following conditions apply:	869

(1) The amount of the sample furnished shall not exceed a	870
seventy-two-hour supply, except when the minimum available	871
quantity of the sample is packaged in an amount that is greater	872
than a seventy-two-hour supply, in which case the packaged amount	873
may be furnished.	874

(2) No charge may be imposed for the sample or for furnishing	875
it.	876

(3) Samples of controlled substances may not be personally	877
furnished.	878

(F) A clinical nurse specialist, certified nurse-midwife, or	879
certified nurse practitioner may personally furnish to a patient a	880
complete or partial supply of a drug or therapeutic device	881
included in the types of drugs and devices listed on the	882
formulary, except that all of the following conditions apply:	883

(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

(3) The clinical nurse specialist, certified nurse-midwife,	897
or certified nurse practitioner shall comply with all safety	898
standards for personally furnishing supplies of drugs and devices,	899
as established in rules adopted under section 4723.50 of the	900
Revised Code.	901

(G) A clinical nurse specialist, certified nurse-midwife, or	902
certified nurse practitioner shall comply with section 3719.061 of	903
the Revised Code if the nurse prescribes for a minor, as defined	904
in that section, a compound that is a controlled substance	905
containing an opioid.	906

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

(1) Suspend the operation of any certificate of licensure,	913
topical ocular pharmaceutical agents certificate, or therapeutic	914
pharmaceutical agents certificate, or all certificates granted by	915
it to the optometrist;	916

(2) Permanently revoke any or all of the certificates;

917

(3) Limit or otherwise place restrictions on any or all of	918
the certificates;	919

(4) Reprimand the optometrist;

920

(5) Impose a monetary penalty. If the reason for which the	921
board is imposing the penalty involves a criminal offense that	922
carries a fine under the Revised Code, the penalty shall not	923
exceed the maximum fine that may be imposed for the criminal	924
offense. In any other case, the penalty imposed by the board shall	925
not exceed five hundred dollars.	926

(6) Require the optometrist to take corrective action	927
courses.	928

The amount and content of corrective action courses shall be	929
established by the board in rules adopted under section 4725.09 of	930
the Revised Code.	931

(B) The sanctions specified in division (A) of this section	932
may be taken by the board for any of the following reasons:	933

(1) Committing fraud in passing the licensing examination or	934
making false or purposely misleading statements in an application	935
for a certificate of licensure;	936

(2) Being at any time guilty of immorality, regardless of the	937
jurisdiction in which the act was committed;	938

(3) Being guilty of dishonesty or unprofessional conduct in	939
the practice of optometry;	940

(4) Being at any time guilty of a felony, regardless of the	941
jurisdiction in which the act was committed;	942

(5) Being at any time guilty of a misdemeanor committed in	943
the course of practice, regardless of the jurisdiction in which	944
the act was committed;	945

(6) Violating the conditions of any limitation or other	946
restriction placed by the board on any certificate issued by the	947
board;	948

(7) Engaging in the practice of optometry as provided in	949
division (A)(1), (2), or (3) of section 4725.01 of the Revised	950
Code when the certificate authorizing that practice is under	951
suspension, in which case the board shall permanently revoke the	952
certificate;	953

(8) Being denied a license to practice optometry in another	954
state or country or being subject to any other sanction by the	955
optometric licensing authority of another state or country, other	956
than sanctions imposed for the nonpayment of fees;	957

(9) Departing from or failing to conform to acceptable and	958
prevailing standards of care in the practice of optometry as	959
followed by similar practitioners under the same or similar	960
circumstances, regardless of whether actual injury to a patient is	961
established;	962

(10) Failing to maintain comprehensive patient records;

963

(11) Advertising a price of optical accessories, eye	964
examinations, or other products or services by any means that	965
would deceive or mislead the public;	966

(12) Being addicted to the use of alcohol, stimulants,	967
narcotics, or any other substance which impairs the intellect and	968
judgment to such an extent as to hinder or diminish the	969
performance of the duties included in the person's practice of	970
optometry;	971

(13) Engaging in the practice of optometry as provided in	972
division (A)(2) or (3) of section 4725.01 of the Revised Code	973
without authority to do so or, if authorized, in a manner	974
inconsistent with the authority granted;	975

(14) Failing to make a report to the board as required by	976
division (A) of section 4725.21 or section 4725.31 of the Revised	977
Code;	978

(15) Soliciting patients from door to door or establishing	979
temporary offices, in which case the board shall suspend all	980
certificates held by the optometrist;	981

(16) Except as provided in division (D) of this section:

982

(a) Waiving the payment of all or any part of a deductible or	983
copayment that a patient, pursuant to a health insurance or health	984
care policy, contract, or plan that covers optometric services,	985
would otherwise be required to pay if the waiver is used as an	986
enticement to a patient or group of patients to receive health	987
care services from that optometrist.	988

(b) Advertising that the optometrist will waive the payment	989
of all or any part of a deductible or copayment that a patient,	990
pursuant to a health insurance or health care policy, contract, or	991
plan that covers optometric services, would otherwise be required	992
to pay.	993

(17) Failing to comply with the requirements in section	994
3719.061 of the Revised Code before issuing to a minor a	995
prescription for a controlled substance containing an opioid.	996

(C) Any person who is the holder of a certificate of	997
licensure, or who is an applicant for a certificate of licensure	998
against whom is preferred any charges, shall be furnished by the	999
board with a copy of the complaint and shall have a hearing before	1000
the board in accordance with Chapter 119. of the Revised Code.	1001

(D) Sanctions shall not be imposed under division (B)(16) of	1002
this section against any optometrist who waives deductibles and	1003
copayments:	1004

(1) In compliance with the health benefit plan that expressly	1005
allows such a practice. Waiver of the deductibles or copayments	1006
shall be made only with the full knowledge and consent of the plan	1007
purchaser, payer, and third-party administrator. Documentation of	1008
the consent shall be made available to the board upon request.	1009

(2) For professional services rendered to any other	1010
optometrist licensed by the board, to the extent allowed by	1011
sections 4725.01 to 4725.34 of the Revised Code and the rules of	1012
the board.	1013

Sec. 4730.25.  (A) The state medical board, by an affirmative	1014
vote of not fewer than six members, may revoke or may refuse to	1015
grant a certificate to practice as a physician assistant or a	1016
certificate to prescribe to a person found by the board to have	1017
committed fraud, misrepresentation, or deception in applying for	1018
or securing the certificate.	1019

(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

(2) Failure to comply with the requirements of this chapter,	1035
Chapter 4731. of the Revised Code, or any rules adopted by the	1036
board;	1037

(3) Violating or attempting to violate, directly or	1038
indirectly, or assisting in or abetting the violation of, or	1039
conspiring to violate, any provision of this chapter, Chapter	1040
4731. of the Revised Code, or the rules adopted by the board;	1041

(4) Inability to practice according to acceptable and	1042
prevailing standards of care by reason of mental illness or	1043
physical illness, including physical deterioration that adversely	1044
affects cognitive, motor, or perceptive skills;	1045

(5) Impairment of ability to practice according to acceptable	1046
and prevailing standards of care because of habitual or excessive	1047
use or abuse of drugs, alcohol, or other substances that impair	1048
ability to practice;	1049

(6) Administering drugs for purposes other than those	1050
authorized under this chapter;	1051

(7) Willfully betraying a professional confidence;

1052

(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

(9) Representing, with the purpose of obtaining compensation	1069
or other advantage personally or for any other person, that an	1070
incurable disease or injury, or other incurable condition, can be	1071
permanently cured;	1072

(10) The obtaining of, or attempting to obtain, money or	1073
anything of value by fraudulent misrepresentations in the course	1074
of practice;	1075

(11) A plea of guilty to, a judicial finding of guilt of, or	1076
a judicial finding of eligibility for intervention in lieu of	1077
conviction for, a felony;	1078

(12) Commission of an act that constitutes a felony in this	1079
state, regardless of the jurisdiction in which the act was	1080
committed;	1081

(13) A plea of guilty to, a judicial finding of guilt of, or	1082
a judicial finding of eligibility for intervention in lieu of	1083
conviction for, a misdemeanor committed in the course of practice;	1084

(14) A plea of guilty to, a judicial finding of guilt of, or	1085
a judicial finding of eligibility for intervention in lieu of	1086
conviction for, a misdemeanor involving moral turpitude;	1087

(15) Commission of an act in the course of practice that	1088
constitutes a misdemeanor in this state, regardless of the	1089
jurisdiction in which the act was committed;	1090

(16) Commission of an act involving moral turpitude that	1091
constitutes a misdemeanor in this state, regardless of the	1092
jurisdiction in which the act was committed;	1093

(17) A plea of guilty to, a judicial finding of guilt of, or	1094
a judicial finding of eligibility for intervention in lieu of	1095
conviction for violating any state or federal law regulating the	1096
possession, distribution, or use of any drug, including	1097
trafficking in drugs;	1098

(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

(19) A departure from, or failure to conform to, minimal	1107
standards of care of similar physician assistants under the same	1108
or similar circumstances, regardless of whether actual injury to a	1109
patient is established;	1110

(20) Violation of the conditions placed by the board on a	1111
certificate to practice as a physician assistant, a certificate to	1112
prescribe, a physician supervisory plan, or supervision agreement;	1113

(21) Failure to use universal blood and body fluid	1114
precautions established by rules adopted under section 4731.051 of	1115
the Revised Code;	1116

(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

(23) Assisting suicide as defined in section 3795.01 of the	1126
Revised Code;	1127

(24) Prescribing any drug or device to perform or induce an	1128
abortion, or otherwise performing or inducing an abortion;	1129

(25) Failure to comply with the requirements in section	1130
3719.061 of the Revised Code before issuing to a minor a	1131
prescription for a controlled substance containing an opioid.	1132

(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

Before being eligible to apply for reinstatement of a	1216
certificate suspended under this division, the physician assistant	1217
shall demonstrate to the board the ability to resume practice or	1218
prescribing in compliance with acceptable and prevailing standards	1219
of care. The demonstration shall include the following:	1220

(a) Certification from a treatment provider approved under	1221
section 4731.25 of the Revised Code that the individual has	1222
successfully completed any required inpatient treatment;	1223

(b) Evidence of continuing full compliance with an aftercare	1224
contract or consent agreement;	1225

(c) Two written reports indicating that the individual's	1226
ability to practice has been assessed and that the individual has	1227
been found capable of practicing according to acceptable and	1228
prevailing standards of care. The reports shall be made by	1229
individuals or providers approved by the board for making such	1230
assessments and shall describe the basis for their determination.	1231

The board may reinstate a certificate suspended under this	1232
division after such demonstration and after the individual has	1233
entered into a written consent agreement.	1234

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, upon review of those allegations and by an	1252
affirmative vote of not fewer than six of its members, excluding	1253
the secretary and supervising member, may suspend a certificate	1254
without a prior hearing. A telephone conference call may be	1255
utilized for reviewing the allegations and taking the vote on the	1256
summary suspension.	1257

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

The board shall notify the individual subject to the	1305
suspension by certified mail or in person in accordance with	1306
section 119.07 of the Revised Code. If an individual whose	1307
certificate is suspended under this division fails to make a	1308
timely request for an adjudication under Chapter 119. of the	1309
Revised Code, the board shall enter a final order permanently	1310
revoking the individual's certificate to practice.	1311

(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

(M) Notwithstanding any other provision of the Revised Code,	1339
all of the following apply:	1340

(1) The surrender of a certificate issued under this chapter	1341
is not effective unless or until accepted by the board.	1342
Reinstatement of a certificate surrendered to the board requires	1343
an affirmative vote of not fewer than six members of the board.	1344

(2) An application made under this chapter for a certificate,	1345
approval of a physician supervisory plan, or approval of a	1346
supervision agreement may not be withdrawn without approval of the	1347
board.	1348

(3) Failure by an individual to renew a certificate in	1349
accordance with section 4730.14 or section 4730.48 of the Revised	1350
Code shall not remove or limit the board's jurisdiction to take	1351
disciplinary action under this section against the individual.	1352

Sec. 4730.41.  (A) A certificate to prescribe issued under	1353
this chapter authorizes a physician assistant to prescribe and	1354
personally furnish drugs and therapeutic devices in the exercise	1355
of physician-delegated prescriptive authority.	1356

(B) In exercising physician-delegated prescriptive authority,	1357
a physician assistant is subject to all of the following:	1358

(1) The physician assistant shall exercise	1359
physician-delegated prescriptive authority only to the extent that	1360
the physician supervising the physician assistant has granted that	1361
authority.	1362

(2) The physician assistant shall comply with all conditions	1363
placed on the physician-delegated prescriptive authority, as	1364
specified by the supervising physician who is supervising the	1365
physician assistant in the exercise of physician-delegated	1366
prescriptive authority.	1367

(3) If the physician assistant possesses physician-delegated	1368
prescriptive authority for controlled substances, the physician	1369
assistant shall register with the federal drug enforcement	1370
administration.	1371

(4) If the physician assistant possesses physician-delegated	1372
prescriptive authority for schedule II controlled substances, the	1373
physician assistant shall comply with section 4730.411 of the	1374
Revised Code.	1375

(5) If the physician assistant possesses physician-delegated	1376
prescriptive authority to prescribe for a minor, as defined in	1377
section 3719.061 of the Revised Code, a compound that is a	1378
controlled substance containing an opioid, the physician assistant	1379
shall comply with section 3719.061 of the Revised Code.	1380

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

(1) Permitting one's name or one's certificate to practice or	1398
certificate of registration to be used by a person, group, or	1399
corporation when the individual concerned is not actually	1400
directing the treatment given;	1401

(2) Failure to maintain minimal standards applicable to the	1402
selection or administration of drugs, or failure to employ	1403
acceptable scientific methods in the selection of drugs or other	1404
modalities for treatment of disease;	1405

(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

(4) Willfully betraying a professional confidence.

1412

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

(6) A departure from, or the failure to conform to, minimal	1442
standards of care of similar practitioners under the same or	1443
similar circumstances, whether or not actual injury to a patient	1444
is established;	1445

(7) Representing, with the purpose of obtaining compensation	1446
or other advantage as personal gain or for any other person, that	1447
an incurable disease or injury, or other incurable condition, can	1448
be permanently cured;	1449

(8) The obtaining of, or attempting to obtain, money or	1450
anything of value by fraudulent misrepresentations in the course	1451
of practice;	1452

(9) A plea of guilty to, a judicial finding of guilt of, or a	1453
judicial finding of eligibility for intervention in lieu of	1454
conviction for, a felony;	1455

(10) Commission of an act that constitutes a felony in this	1456
state, regardless of the jurisdiction in which the act was	1457
committed;	1458

(11) A plea of guilty to, a judicial finding of guilt of, or	1459
a judicial finding of eligibility for intervention in lieu of	1460
conviction for, a misdemeanor committed in the course of practice;	1461

(12) Commission of an act in the course of practice that	1462
constitutes a misdemeanor in this state, regardless of the	1463
jurisdiction in which the act was committed;	1464

(13) A plea of guilty to, a judicial finding of guilt of, or	1465
a judicial finding of eligibility for intervention in lieu of	1466
conviction for, a misdemeanor involving moral turpitude;	1467

(14) Commission of an act involving moral turpitude that	1468
constitutes a misdemeanor in this state, regardless of the	1469
jurisdiction in which the act was committed;	1470

(15) Violation of the conditions of limitation placed by the	1471
board upon a certificate to practice;	1472

(16) Failure to pay license renewal fees specified in this	1473
chapter;	1474

(17) Except as authorized in section 4731.31 of the Revised	1475
Code, engaging in the division of fees for referral of patients,	1476
or the receiving of a thing of value in return for a specific	1477
referral of a patient to utilize a particular service or business;	1478

(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

(19) Inability to practice according to acceptable and	1502
prevailing standards of care by reason of mental illness or	1503
physical illness, including, but not limited to, physical	1504
deterioration that adversely affects cognitive, motor, or	1505
perceptive skills.	1506

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

(21) The violation of section 3701.79 of the Revised Code or	1555
of any abortion rule adopted by the public health council pursuant	1556
to section 3701.341 of the Revised Code;	1557

(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

(24) The revocation, suspension, restriction, reduction, or	1575
termination of clinical privileges by the United States department	1576
of defense or department of veterans affairs or the termination or	1577
suspension of a certificate of registration to prescribe drugs by	1578
the drug enforcement administration of the United States	1579
department of justice;	1580

(25) Termination or suspension from participation in the	1581
medicare or medicaid programs by the department of health and	1582
human services or other responsible agency for any act or acts	1583
that also would constitute a violation of division (B)(2), (3),	1584
(6), (8), or (19) of this section;	1585

(26) Impairment of ability to practice according to	1586
acceptable and prevailing standards of care because of habitual or	1587
excessive use or abuse of drugs, alcohol, or other substances that	1588
impair ability to practice.	1589

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

Before being eligible to apply for reinstatement of a	1618
certificate suspended under this division, the impaired	1619
practitioner shall demonstrate to the board the ability to resume	1620
practice in compliance with acceptable and prevailing standards of	1621
care under the provisions of the practitioner's certificate. The	1622
demonstration shall include, but shall not be limited to, the	1623
following:	1624

(a) Certification from a treatment provider approved under	1625
section 4731.25 of the Revised Code that the individual has	1626
successfully completed any required inpatient treatment;	1627

(b) Evidence of continuing full compliance with an aftercare	1628
contract or consent agreement;	1629

(c) Two written reports indicating that the individual's	1630
ability to practice has been assessed and that the individual has	1631
been found capable of practicing according to acceptable and	1632
prevailing standards of care. The reports shall be made by	1633
individuals or providers approved by the board for making the	1634
assessments and shall describe the basis for their determination.	1635

The board may reinstate a certificate suspended under this	1636
division after that demonstration and after the individual has	1637
entered into a written consent agreement.	1638

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

(27) A second or subsequent violation of section 4731.66 or	1648
4731.69 of the Revised Code;	1649

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

1650

(a) Waiving the payment of all or any part of a deductible or	1651
copayment that a patient, pursuant to a health insurance or health	1652
care policy, contract, or plan that covers the individual's	1653
services, otherwise would be required to pay if the waiver is used	1654
as an enticement to a patient or group of patients to receive	1655
health care services from that individual;	1656

(b) Advertising that the individual will waive the payment of	1657
all or any part of a deductible or copayment that a patient,	1658
pursuant to a health insurance or health care policy, contract, or	1659
plan that covers the individual's services, otherwise would be	1660
required to pay.	1661

(29) Failure to use universal blood and body fluid	1662
precautions established by rules adopted under section 4731.051 of	1663
the Revised Code;	1664

(30) Failure to provide notice to, and receive acknowledgment	1665
of the notice from, a patient when required by section 4731.143 of	1666
the Revised Code prior to providing nonemergency professional	1667
services, or failure to maintain that notice in the patient's	1668
file;	1669

(31) Failure of a physician supervising a physician assistant	1670
to maintain supervision in accordance with the requirements of	1671
Chapter 4730. of the Revised Code and the rules adopted under that	1672
chapter;	1673

(32) Failure of a physician or podiatrist to enter into a	1674
standard care arrangement with a clinical nurse specialist,	1675
certified nurse-midwife, or certified nurse practitioner with whom	1676
the physician or podiatrist is in collaboration pursuant to	1677
section 4731.27 of the Revised Code or failure to fulfill the	1678
responsibilities of collaboration after entering into a standard	1679
care arrangement;	1680

(33) Failure to comply with the terms of a consult agreement	1681
entered into with a pharmacist pursuant to section 4729.39 of the	1682
Revised Code;	1683

(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

(35) Failure to supervise an oriental medicine practitioner	1694
or acupuncturist in accordance with Chapter 4762. of the Revised	1695
Code and the board's rules for providing that supervision;	1696

(36) Failure to supervise an anesthesiologist assistant in	1697
accordance with Chapter 4760. of the Revised Code and the board's	1698
rules for supervision of an anesthesiologist assistant;	1699

(37) Assisting suicide as defined in section 3795.01 of the	1700
Revised Code;	1701

(38) Failure to comply with the requirements of section	1702
2317.561 of the Revised Code;	1703

(39) Failure to supervise a radiologist assistant in	1704
accordance with Chapter 4774. of the Revised Code and the board's	1705
rules for supervision of radiologist assistants;	1706

(40) Performing or inducing an abortion at an office or	1707
facility with knowledge that the office or facility fails to post	1708
the notice required under section 3701.791 of the Revised Code;	1709

(41) Failure to comply with the standards and procedures	1710
established in rules under section 4731.054 of the Revised Code	1711
for the operation of or the provision of care at a pain management	1712
clinic;	1713

(42) Failure to comply with the standards and procedures	1714
established in rules under section 4731.054 of the Revised Code	1715
for providing supervision, direction, and control of individuals	1716
at a pain management clinic;	1717

(43) Failure to comply with the requirements of section	1718
4729.79 of the Revised Code, unless the state board of pharmacy no	1719
longer maintains a drug database pursuant to section 4729.75 of	1720
the Revised Code;	1721

(44) Failure to comply with the requirements of section	1722
2919.171 of the Revised Code or failure to submit to the	1723
department of health in accordance with a court order a complete	1724
report as described in section 2919.171 of the Revised Code;	1725

(45) Practicing at a facility that is subject to licensure as	1726
a category III terminal distributor of dangerous drugs with a pain	1727
management clinic classification unless the person operating the	1728
facility has obtained and maintains the license with the	1729
classification;	1730

(46) Owning a facility that is subject to licensure as a	1731
category III terminal distributor of dangerous drugs with a pain	1732
management clinic classification unless the facility is licensed	1733
with the classification;	1734

(47) Failure to comply with the requirement regarding	1735
maintaining notes described in division (B) of section 2919.191 of	1736
the Revised Code or failure to satisfy the requirements of section	1737
2919.191 of the Revised Code prior to performing or inducing an	1738
abortion upon a pregnant woman;	1739

(48) Failure to comply with the requirements in section	1740
3719.061 of the Revised Code before issuing to a minor a	1741
prescription for a controlled substance containing an opioid.	1742

(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

A telephone conference call may be utilized for ratification	1755
of a consent agreement that revokes or suspends an individual's	1756
certificate to practice. The telephone conference call shall be	1757
considered a special meeting under division (F) of section 121.22	1758
of the Revised Code.	1759

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

(b) On failure to comply with any subpoena issued by the	1833
board and after reasonable notice to the person being subpoenaed,	1834
the board may move for an order compelling the production of	1835
persons or records pursuant to the Rules of Civil Procedure.	1836

(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

(d) A sheriff's deputy who serves a subpoena shall receive	1851
the same fees as a sheriff. Each witness who appears before the	1852
board in obedience to a subpoena shall receive the fees and	1853
mileage provided for under section 119.094 of the Revised Code.	1854

(4) All hearings, investigations, and inspections of the	1855
board shall be considered civil actions for the purposes of	1856
section 2305.252 of the Revised Code.	1857

(5) A report required to be submitted to the board under this	1858
chapter, a complaint, or information received by the board	1859
pursuant to an investigation or pursuant to an inspection under	1860
division (E) of section 4731.054 of the Revised Code is	1861
confidential and not subject to discovery in any civil action.	1862

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

(6) On a quarterly basis, the board shall prepare a report	1894
that documents the disposition of all cases during the preceding	1895
three months. The report shall contain the following information	1896
for each case with which the board has completed its activities:	1897

(a) The case number assigned to the complaint or alleged	1898
violation;	1899

(b) The type of certificate to practice, if any, held by the	1900
individual against whom the complaint is directed;	1901

(c) A description of the allegations contained in the	1902
complaint;	1903

(d) The disposition of the case.

1904

The report shall state how many cases are still pending and	1905
shall be prepared in a manner that protects the identity of each	1906
person involved in each case. The report shall be a public record	1907
under section 149.43 of the Revised Code.	1908

(G) If the secretary and supervising member determine both of	1909
the following, they may recommend that the board suspend an	1910
individual's certificate to practice without a prior hearing:	1911

(1) That there is clear and convincing evidence that an	1912
individual has violated division (B) of this section;	1913

(2) That the individual's continued practice presents a	1914
danger of immediate and serious harm to the public.	1915

Written allegations shall be prepared for consideration by	1916
the board. The board, upon review of those allegations and by an	1917
affirmative vote of not fewer than six of its members, excluding	1918
the secretary and supervising member, may suspend a certificate	1919
without a prior hearing. A telephone conference call may be	1920
utilized for reviewing the allegations and taking the vote on the	1921
summary suspension.	1922

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

The board shall notify the individual subject to the	1973
suspension by certified mail or in person in accordance with	1974
section 119.07 of the Revised Code. If an individual whose	1975
certificate is automatically suspended under this division fails	1976
to make a timely request for an adjudication under Chapter 119. of	1977
the Revised Code, the board shall do whichever of the following is	1978
applicable:	1979

(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

(2) In all circumstances in which division (I)(1) of this	1987
section does not apply, enter a final order permanently revoking	1988
the individual's certificate to practice.	1989

(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

(M) Notwithstanding any other provision of the Revised Code,	2016
all of the following apply:	2017

(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

(2) An application for a certificate made under the	2026
provisions of this chapter may not be withdrawn without approval	2027
of the board.	2028

(3) Failure by an individual to renew a certificate of	2029
registration in accordance with this chapter shall not remove or	2030
limit the board's jurisdiction to take any disciplinary action	2031
under this section against the individual.	2032

(4) At the request of the board, a certificate holder shall	2033
immediately surrender to the board a certificate that the board	2034
has suspended, revoked, or permanently revoked.	2035

(N) Sanctions shall not be imposed under division (B)(28) of	2036
this section against any person who waives deductibles and	2037
copayments as follows:	2038

(1) In compliance with the health benefit plan that expressly	2039
allows such a practice. Waiver of the deductibles or copayments	2040
shall be made only with the full knowledge and consent of the plan	2041
purchaser, payer, and third-party administrator. Documentation of	2042
the consent shall be made available to the board upon request.	2043

(2) For professional services rendered to any other person	2044
authorized to practice pursuant to this chapter, to the extent	2045
allowed by this chapter and rules adopted by the board.	2046

(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

(1) Offer in appropriate cases as determined by the board an	2056
educational and assessment program pursuant to an investigation	2057
the board conducts under this section;	2058

(2) Select providers of educational and assessment services,	2059
including a quality intervention program panel of case reviewers;	2060

(3) Make referrals to educational and assessment service	2061
providers and approve individual educational programs recommended	2062
by those providers. The board shall monitor the progress of each	2063
individual undertaking a recommended individual educational	2064
program.	2065

(4) Determine what constitutes successful completion of an	2066
individual educational program and require further monitoring of	2067
the individual who completed the program or other action that the	2068
board determines to be appropriate;	2069

(5) Adopt rules in accordance with Chapter 119. of the	2070
Revised Code to further implement the quality intervention	2071
program.	2072

An individual who participates in an individual educational	2073
program pursuant to this division shall pay the financial	2074
obligations arising from that educational program.	2075

Sec. 5119.391.  (A) No community addiction services provider	2076
shall employ methadone treatment or prescribe, dispense, or	2077
administer methadone unless the program is licensed under this	2078
section. No community addiction services provider licensed under	2079
this section shall maintain methadone treatment in a manner	2080
inconsistent with this section and the rules adopted under it.	2081

(B) A community addiction services provider may apply to the	2082
department of mental health and addiction services for a license	2083
to maintain methadone treatment. The department shall review all	2084
applications received.	2085

(C) The department may issue a license to maintain methadone	2086
treatment to a community addiction services provider only if all	2087
of the following apply:	2088

(1) The provider is operated by a private, nonprofit	2089
organization or by a government entity;	2090

(2) For at least two years immediately preceding the date of	2091
application, the provider has been fully certified under section	2092
5119.36 of the Revised Code;	2093

(3) The provider has not been denied a license to maintain	2094
methadone treatment or had its license withdrawn or revoked within	2095
the five-year period immediately preceding the date of	2096
application;	2097

(4) It affirmatively appears to the department that the	2098
provider is adequately staffed and equipped to maintain methadone	2099
treatment;	2100

(5) It affirmatively appears to the department that the	2101
provider will maintain methadone treatment in strict compliance	2102
with section 3719.61 of the Revised Code, all other laws relating	2103
to drug abuse, and the rules adopted by the department;	2104

(6) Except as provided in division (D) of this section and	2105
section 5119.392 of the Revised Code, there is no public or	2106
private school, licensed child day-care center, or other	2107
child-serving agency within a radius of five hundred linear feet	2108
of the location where the program is to maintain methadone	2109
treatment.	2110

(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

(E) A license to maintain methadone treatment shall expire	2119
one year from the date of issuance. Licenses may be renewed.	2120

(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

All rules adopted under this division shall be adopted in	2129
accordance with Chapter 119. of the Revised Code. All actions	2130
taken by the department regarding the licensing of providers to	2131
maintain methadone treatment shall be conducted in accordance with	2132
Chapter 119. of the Revised Code, except as provided in division	2133
(L) of this section.	2134

(G) The department of mental health and addiction services	2135
shall inspect all community addiction services providers licensed	2136
to maintain methadone treatment. Inspections shall be conducted at	2137
least annually and may be conducted more frequently. No person or	2138
government entity shall interfere with a state or local government	2139
official acting on behalf of the department while conducting an	2140
inspection.	2141

(H) AnA community addiction services provider shall not	2142
administer or dispense methadone in a tablet, powder, or	2143
intravenous form. Methadone shall be administered or dispensed	2144
only in a liquid form intended for ingestion. A services provider	2145
shall not administer or dispense methadone to an individual for	2146
pain or other medical reasons.	2147

(I) As used in this division, "program sponsor" means a	2148
person who assumes responsibility for the operation and employees	2149
of the methadone treatment component of a community addiction	2150
services provider.	2151

A community addiction services provider shall not employ an	2152
individual who receives methadone treatment from that services	2153
provider. A program shall not permit an individual to act as a	2154
provider sponsor, medical director, or director of the provider if	2155
the individual is receiving methadone treatment from any community	2156
addiction services provider.	2157

(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

In the case ofOnce a license is issued prior to December 20,	2175
2012under this section, the department shall not consider the	2176
requirement of division (C)(6) of this section in determining	2177
whether to renew, withdraw, or revoke the license or whether to	2178
reissue the license as a result of a change in ownership.	2179

(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

If it determines there is not a public or private school,	2245
licensed child day-care center, or other child-serving agency	2246
within a radius of five hundred linear feet of the location, the	2247
department shall issue a declaration that the location is in	2248
compliance with division (C)(6) section 5119.391 of the Revised	2249
Code.	2250

The declaration is valid for one year and shall be extended	2251
for up to two six-month periods on application by the provider to	2252
the department.	2253

The department shall provide to the provider either a copy of	2254
the declaration or notice that the department has determined that	2255
the location is not in compliance with division (C)(6) of section	2256
5119.391 of the Revised Code.	2257

If, before expiration of the declaration and any extensions,	2258
a community addiction services provider applies for a license to	2259
maintain a methadone treatment program, the department shall not	2260
consider the requirement of division (C)(6) of section 5119.391 of	2261
the Revised Code in determining whether to issue the license.	2262

(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

Section 2.  That existing sections 307.627, 307.629, 4715.30,	2272
4723.28, 4723.481, 4725.19, 4730.25, 4730.41, 4731.22, and	2273
5119.391 of the Revised Code are hereby repealed.	2274