As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 341

Representative Smith 

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A BILL

To amend sections 4715.30, 4715.302, 4723.28,

1

4723.487, 4725.092, 4725.19, 4729.16, 4729.80,

2

4730.25, 4730.53, 4731.055, and 4731.22 and to

3

enact section 4729.282 of the Revised Code to

4

prohibit a controlled substance that is a schedule

5

II drug or contains opioids from being prescribed

6

or dispensed without review of patient information

7

in the State Board of Pharmacy's Ohio Automated Rx

8

Reporting System.

9

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

Section 1.  That sections 4715.30, 4715.302, 4723.28,	10
4723.487, 4725.092, 4725.19, 4729.16, 4729.80, 4730.25, 4730.53,	11
4731.055, and 4731.22 be amended and section 4729.282 of the	12
Revised Code be enacted to read as follows:	13

Sec. 4715.30.  (A) An applicant for or holder of a	14
certificate or license issued under this chapter is subject to	15
disciplinary action by the state dental board for any of the	16
following reasons:	17

(1) Employing or cooperating in fraud or material deception	18
in applying for or obtaining a license or certificate;	19

(2) Obtaining or attempting to obtain money or anything of	20
value by intentional misrepresentation or material deception in	21
the course of practice;	22

(3) Advertising services in a false or misleading manner or	23
violating the board's rules governing time, place, and manner of	24
advertising;	25

(4) Commission of an act that constitutes a felony in this	26
state, regardless of the jurisdiction in which the act was	27
committed;	28

(5) Commission of an act in the course of practice that	29
constitutes a misdemeanor in this state, regardless of the	30
jurisdiction in which the act was committed;	31

(6) Conviction of, a plea of guilty to, a judicial finding of	32
guilt of, a judicial finding of guilt resulting from a plea of no	33
contest to, or a judicial finding of eligibility for intervention	34
in lieu of conviction for, any felony or of a misdemeanor	35
committed in the course of practice;	36

(7) Engaging in lewd or immoral conduct in connection with	37
the provision of dental services;	38

(8) Selling, prescribing, giving away, or administering drugs	39
for other than legal and legitimate therapeutic purposes, or	40
conviction of, a plea of guilty to, a judicial finding of guilt	41
of, a judicial finding of guilt resulting from a plea of no	42
contest to, or a judicial finding of eligibility for intervention	43
in lieu of conviction for, a violation of any federal or state law	44
regulating the possession, distribution, or use of any drug;	45

(9) Providing or allowing dental hygienists, expanded	46
function dental auxiliaries, or other practitioners of auxiliary	47
dental occupations working under the certificate or license	48
holder's supervision, or a dentist holding a temporary limited	49
continuing education license under division (C) of section 4715.16	50
of the Revised Code working under the certificate or license	51
holder's direct supervision, to provide dental care that departs	52
from or fails to conform to accepted standards for the profession,	53
whether or not injury to a patient results;	54

(10) Inability to practice under accepted standards of the	55
profession because of physical or mental disability, dependence on	56
alcohol or other drugs, or excessive use of alcohol or other	57
drugs;	58

(11) Violation of any provision of this chapter or any rule	59
adopted thereunder;	60

(12) Failure to use universal blood and body fluid	61
precautions established by rules adopted under section 4715.03 of	62
the Revised Code;	63

(13) Except as provided in division (H) of this section,	64
either of the following:	65

(a) Waiving the payment of all or any part of a deductible or	66
copayment that a patient, pursuant to a health insurance or health	67
care policy, contract, or plan that covers dental services, would	68
otherwise be required to pay if the waiver is used as an	69
enticement to a patient or group of patients to receive health	70
care services from that certificate or license holder;	71

(b) Advertising that the certificate or license holder will	72
waive the payment of all or any part of a deductible or copayment	73
that a patient, pursuant to a health insurance or health care	74
policy, contract, or plan that covers dental services, would	75
otherwise be required to pay.	76

(14) Failure to comply with section 4715.302 or 4729.79 of	77
the Revised Code, unless the state board of pharmacy no longer	78
maintains a drug database pursuant to section 4729.75 of the	79
Revised Code;	80

(15) Any of the following actions taken by an agency	81
responsible for authorizing, certifying, or regulating an	82
individual to practice a health care occupation or provide health	83
care services in this state or another jurisdiction, for any	84
reason other than the nonpayment of fees: the limitation,	85
revocation, or suspension of an individual's license to practice;	86
acceptance of an individual's license surrender; denial of a	87
license; refusal to renew or reinstate a license; imposition of	88
probation; or issuance of an order of censure or other reprimand;	89

(16) Failure to cooperate in an investigation conducted by	90
the board under division (D) of section 4715.03 of the Revised	91
Code, including failure to comply with a subpoena or order issued	92
by the board or failure to answer truthfully a question presented	93
by the board at a deposition or in written interrogatories, except	94
that failure to cooperate with an investigation shall not	95
constitute grounds for discipline under this section if a court of	96
competent jurisdiction has issued an order that either quashes a	97
subpoena or permits the individual to withhold the testimony or	98
evidence in issue.	99

(B) A manager, proprietor, operator, or conductor of a dental	100
facility shall be subject to disciplinary action if any dentist,	101
dental hygienist, expanded function dental auxiliary, or qualified	102
personnel providing services in the facility is found to have	103
committed a violation listed in division (A) of this section and	104
the manager, proprietor, operator, or conductor knew of the	105
violation and permitted it to occur on a recurring basis.	106

(C) Subject to Chapter 119. of the Revised Code, the board	107
may take one or more of the following disciplinary actions if one	108
or more of the grounds for discipline listed in divisions (A) and	109
(B) of this section exist:	110

(1) Censure the license or certificate holder;

111

(2) Place the license or certificate on probationary status	112
for such period of time the board determines necessary and require	113
the holder to:	114

(a) Report regularly to the board upon the matters which are	115
the basis of probation;	116

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

117

(c) Continue or renew professional education until a	118
satisfactory degree of knowledge or clinical competency has been	119
attained in specified areas.	120

(3) Suspend the certificate or license;

121

(4) Revoke the certificate or license.

122

Where the board places a holder of a license or certificate	123
on probationary status pursuant to division (C)(2) of this	124
section, the board may subsequently suspend or revoke the license	125
or certificate if it determines that the holder has not met the	126
requirements of the probation or continues to engage in activities	127
that constitute grounds for discipline pursuant to division (A) or	128
(B) of this section.	129

Any order suspending a license or certificate shall state the	130
conditions under which the license or certificate will be	131
restored, which may include a conditional restoration during which	132
time the holder is in a probationary status pursuant to division	133
(C)(2) of this section. The board shall restore the license or	134
certificate unconditionally when such conditions are met.	135

(D) If the physical or mental condition of an applicant or a	136
license or certificate holder is at issue in a disciplinary	137
proceeding, the board may order the license or certificate holder	138
to submit to reasonable examinations by an individual designated	139
or approved by the board and at the board's expense. The physical	140
examination may be conducted by any individual authorized by the	141
Revised Code to do so, including a physician assistant, a clinical	142
nurse specialist, a certified nurse practitioner, or a certified	143
nurse-midwife. Any written documentation of the physical	144
examination shall be completed by the individual who conducted the	145
examination.	146

Failure to comply with an order for an examination shall be	147
grounds for refusal of a license or certificate or summary	148
suspension of a license or certificate under division (E) of this	149
section.	150

(E) If a license or certificate holder has failed to comply	151
with an order under division (D) of this section, the board may	152
apply to the court of common pleas of the county in which the	153
holder resides for an order temporarily suspending the holder's	154
license or certificate, without a prior hearing being afforded by	155
the board, until the board conducts an adjudication hearing	156
pursuant to Chapter 119. of the Revised Code. If the court	157
temporarily suspends a holder's license or certificate, the board	158
shall give written notice of the suspension personally or by	159
certified mail to the license or certificate holder. Such notice	160
shall inform the license or certificate holder of the right to a	161
hearing pursuant to Chapter 119. of the Revised Code.	162

(F) Any holder of a certificate or license issued under this	163
chapter who has pleaded guilty to, has been convicted of, or has	164
had a judicial finding of eligibility for intervention in lieu of	165
conviction entered against the holder in this state for aggravated	166
murder, murder, voluntary manslaughter, felonious assault,	167
kidnapping, rape, sexual battery, gross sexual imposition,	168
aggravated arson, aggravated robbery, or aggravated burglary, or	169
who has pleaded guilty to, has been convicted of, or has had a	170
judicial finding of eligibility for treatment or intervention in	171
lieu of conviction entered against the holder in another	172
jurisdiction for any substantially equivalent criminal offense, is	173
automatically suspended from practice under this chapter in this	174
state and any certificate or license issued to the holder under	175
this chapter is automatically suspended, as of the date of the	176
guilty plea, conviction, or judicial finding, whether the	177
proceedings are brought in this state or another jurisdiction.	178
Continued practice by an individual after the suspension of the	179
individual's certificate or license under this division shall be	180
considered practicing without a certificate or license. The board	181
shall notify the suspended individual of the suspension of the	182
individual's certificate or license under this division by	183
certified mail or in person in accordance with section 119.07 of	184
the Revised Code. If an individual whose certificate or license is	185
suspended under this division fails to make a timely request for	186
an adjudicatory hearing, the board shall enter a final order	187
revoking the individual's certificate or license.	188

(G) If the supervisory investigative panel determines both of	189
the following, the panel may recommend that the board suspend an	190
individual's certificate or license without a prior hearing:	191

(1) That there is clear and convincing evidence that an	192
individual has violated division (A) of this section;	193

(2) That the individual's continued practice presents a	194
danger of immediate and serious harm to the public.	195

Written allegations shall be prepared for consideration by	196
the board. The board, upon review of those allegations and by an	197
affirmative vote of not fewer than four dentist members of the	198
board and seven of its members in total, excluding any member on	199
the supervisory investigative panel, may suspend a certificate or	200
license without a prior hearing. A telephone conference call may	201
be utilized for reviewing the allegations and taking the vote on	202
the summary suspension.	203

The board shall issue a written order of suspension by	204
certified mail or in person in accordance with section 119.07 of	205
the Revised Code. The order shall not be subject to suspension by	206
the court during pendency or any appeal filed under section 119.12	207
of the Revised Code. If the individual subject to the summary	208
suspension requests an adjudicatory hearing by the board, the date	209
set for the hearing shall be within fifteen days, but not earlier	210
than seven days, after the individual requests the hearing, unless	211
otherwise agreed to by both the board and the individual.	212

Any summary suspension imposed under this division shall	213
remain in effect, unless reversed on appeal, until a final	214
adjudicative order issued by the board pursuant to this section	215
and Chapter 119. of the Revised Code becomes effective. The board	216
shall issue its final adjudicative order within seventy-five days	217
after completion of its hearing. A failure to issue the order	218
within seventy-five days shall result in dissolution of the	219
summary suspension order but shall not invalidate any subsequent,	220
final adjudicative order.	221

(H) Sanctions shall not be imposed under division (A)(13) of	222
this section against any certificate or license holder who waives	223
deductibles and copayments as follows:	224

(1) In compliance with the health benefit plan that expressly	225
allows such a practice. Waiver of the deductibles or copayments	226
shall be made only with the full knowledge and consent of the plan	227
purchaser, payer, and third-party administrator. Documentation of	228
the consent shall be made available to the board upon request.	229

(2) For professional services rendered to any other person	230
who holds a certificate or license issued pursuant to this chapter	231
to the extent allowed by this chapter and the rules of the board.	232

(I) In no event shall the board consider or raise during a	233
hearing required by Chapter 119. of the Revised Code the	234
circumstances of, or the fact that the board has received, one or	235
more complaints about a person unless the one or more complaints	236
are the subject of the hearing or resulted in the board taking an	237
action authorized by this section against the person on a prior	238
occasion.	239

(J) The board may share any information it receives pursuant	240
to an investigation under division (D) of section 4715.03 of the	241
Revised Code, including patient records and patient record	242
information, with law enforcement agencies, other licensing	243
boards, and other governmental agencies that are prosecuting,	244
adjudicating, or investigating alleged violations of statutes or	245
administrative rules. An agency or board that receives the	246
information shall comply with the same requirements regarding	247
confidentiality as those with which the state dental board must	248
comply, notwithstanding any conflicting provision of the Revised	249
Code or procedure of the agency or board that applies when it is	250
dealing with other information in its possession. In a judicial	251
proceeding, the information may be admitted into evidence only in	252
accordance with the Rules of Evidence, but the court shall require	253
that appropriate measures are taken to ensure that confidentiality	254
is maintained with respect to any part of the information that	255
contains names or other identifying information about patients or	256
complainants whose confidentiality was protected by the state	257
dental board when the information was in the board's possession.	258
Measures to ensure confidentiality that may be taken by the court	259
include sealing its records or deleting specific information from	260
its records.	261

Sec. 4715.302. (A) As used in this section, "drug:

262

(1) "Controlled substance" has the same meaning as in section	263
3719.01 of the Revised Code.	264

(2) "Drug database" means the database established and	265
maintained by the state board of pharmacy pursuant to section	266
4729.75 of the Revised Code.	267

(B) TheA dentist who is considering prescribing or	268
personally furnishing a controlled substance that is a schedule II	269
drug or contains opioids shall personally, or through a delegate,	270
request information related to the patient from the drug database	271
pursuant to division (A)(5) of section 4729.80 of the Revised	272
Code. The dentist shall not prescribe or personally furnish the	273
controlled substance without first reviewing the information	274
provided from the drug database. The dentist shall keep the	275
information as part of the patient's record.	276

The state dental board shall adopt rules in accordance with	277
Chapter 119. of the Revised Code that establish standards and	278
procedures to be followed by a dentist regarding the review of	279
patient information available through the drug database under	280
division (A)(5) of section 4729.80 of the Revised Code.	281

(C) This section and the rules adopted under it do not apply	282
if the state board of pharmacy no longer maintains the drug	283
database.	284

Sec. 4723.28.  (A) The board of nursing, by a vote of a	285
quorum, may impose one or more of the following sanctions if it	286
finds that a person committed fraud in passing an examination	287
required to obtain a license, certificate of authority, or	288
dialysis technician certificate issued by the board or to have	289
committed fraud, misrepresentation, or deception in applying for	290
or securing any nursing license, certificate of authority, or	291
dialysis technician certificate issued by the board: deny, revoke,	292
suspend, or place restrictions on any nursing license, certificate	293
of authority, or dialysis technician certificate issued by the	294
board; reprimand or otherwise discipline a holder of a nursing	295
license, certificate of authority, or dialysis technician	296
certificate; or impose a fine of not more than five hundred	297
dollars per violation.	298

(B) The board of nursing, by a vote of a quorum, may impose	299
one or more of the following sanctions: deny, revoke, suspend, or	300
place restrictions on any nursing license, certificate of	301
authority, or dialysis technician certificate issued by the board;	302
reprimand or otherwise discipline a holder of a nursing license,	303
certificate of authority, or dialysis technician certificate; or	304
impose a fine of not more than five hundred dollars per violation.	305
The sanctions may be imposed for any of the following:	306

(1) Denial, revocation, suspension, or restriction of	307
authority to engage in a licensed profession or practice a health	308
care occupation, including nursing or practice as a dialysis	309
technician, for any reason other than a failure to renew, in Ohio	310
or another state or jurisdiction;	311

(2) Engaging in the practice of nursing or engaging in	312
practice as a dialysis technician, having failed to renew a	313
nursing license or dialysis technician certificate issued under	314
this chapter, or while a nursing license or dialysis technician	315
certificate is under suspension;	316

(3) Conviction of, a plea of guilty to, a judicial finding of	317
guilt of, a judicial finding of guilt resulting from a plea of no	318
contest to, or a judicial finding of eligibility for a pretrial	319
diversion or similar program or for intervention in lieu of	320
conviction for, a misdemeanor committed in the course of practice;	321

(4) Conviction of, a plea of guilty to, a judicial finding of	322
guilt of, a judicial finding of guilt resulting from a plea of no	323
contest to, or a judicial finding of eligibility for a pretrial	324
diversion or similar program or for intervention in lieu of	325
conviction for, any felony or of any crime involving gross	326
immorality or moral turpitude;	327

(5) Selling, giving away, or administering drugs or	328
therapeutic devices for other than legal and legitimate	329
therapeutic purposes; or conviction of, a plea of guilty to, a	330
judicial finding of guilt of, a judicial finding of guilt	331
resulting from a plea of no contest to, or a judicial finding of	332
eligibility for a pretrial diversion or similar program or for	333
intervention in lieu of conviction for, violating any municipal,	334
state, county, or federal drug law;	335

(6) Conviction of, a plea of guilty to, a judicial finding of	336
guilt of, a judicial finding of guilt resulting from a plea of no	337
contest to, or a judicial finding of eligibility for a pretrial	338
diversion or similar program or for intervention in lieu of	339
conviction for, an act in another jurisdiction that would	340
constitute a felony or a crime of moral turpitude in Ohio;	341

(7) Conviction of, a plea of guilty to, a judicial finding of	342
guilt of, a judicial finding of guilt resulting from a plea of no	343
contest to, or a judicial finding of eligibility for a pretrial	344
diversion or similar program or for intervention in lieu of	345
conviction for, an act in the course of practice in another	346
jurisdiction that would constitute a misdemeanor in Ohio;	347

(8) Self-administering or otherwise taking into the body any	348
dangerous drug, as defined in section 4729.01 of the Revised Code,	349
in any way that is not in accordance with a legal, valid	350
prescription issued for that individual, or self-administering or	351
otherwise taking into the body any drug that is a schedule I	352
controlled substance;	353

(9) Habitual or excessive use of controlled substances, other	354
habit-forming drugs, or alcohol or other chemical substances to an	355
extent that impairs the individual's ability to provide safe	356
nursing care or safe dialysis care;	357

(10) Impairment of the ability to practice according to	358
acceptable and prevailing standards of safe nursing care or safe	359
dialysis care because of the use of drugs, alcohol, or other	360
chemical substances;	361

(11) Impairment of the ability to practice according to	362
acceptable and prevailing standards of safe nursing care or safe	363
dialysis care because of a physical or mental disability;	364

(12) Assaulting or causing harm to a patient or depriving a	365
patient of the means to summon assistance;	366

(13) Misappropriation or attempted misappropriation of money	367
or anything of value in the course of practice;	368

(14) Adjudication by a probate court of being mentally ill or	369
mentally incompetent. The board may reinstate the person's nursing	370
license or dialysis technician certificate upon adjudication by a	371
probate court of the person's restoration to competency or upon	372
submission to the board of other proof of competency.	373

(15) The suspension or termination of employment by the	374
department of defense or the veterans administration of the United	375
States for any act that violates or would violate this chapter;	376

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

377

(17) Violation of any restrictions placed by the board on a	378
nursing license or dialysis technician certificate;	379

(18) Failure to use universal and standard precautions	380
established by rules adopted under section 4723.07 of the Revised	381
Code;	382

(19) Failure to practice in accordance with acceptable and	383
prevailing standards of safe nursing care or safe dialysis care;	384

(20) In the case of a registered nurse, engaging in	385
activities that exceed the practice of nursing as a registered	386
nurse;	387

(21) In the case of a licensed practical nurse, engaging in	388
activities that exceed the practice of nursing as a licensed	389
practical nurse;	390

(22) In the case of a dialysis technician, engaging in	391
activities that exceed those permitted under section 4723.72 of	392
the Revised Code;	393

(23) Aiding and abetting a person in that person's practice	394
of nursing without a license or practice as a dialysis technician	395
without a certificate issued under this chapter;	396

(24) In the case of a certified registered nurse anesthetist,	397
clinical nurse specialist, certified nurse-midwife, or certified	398
nurse practitioner, except as provided in division (M) of this	399
section, either of the following:	400

(a) Waiving the payment of all or any part of a deductible or	401
copayment that a patient, pursuant to a health insurance or health	402
care policy, contract, or plan that covers such nursing services,	403
would otherwise be required to pay if the waiver is used as an	404
enticement to a patient or group of patients to receive health	405
care services from that provider;	406

(b) Advertising that the nurse will waive the payment of all	407
or any part of a deductible or copayment that a patient, pursuant	408
to a health insurance or health care policy, contract, or plan	409
that covers such nursing services, would otherwise be required to	410
pay.	411

(25) Failure to comply with the terms and conditions of	412
participation in the chemical dependency monitoring program	413
established under section 4723.35 of the Revised Code;	414

(26) Failure to comply with the terms and conditions required	415
under the practice intervention and improvement program	416
established under section 4723.282 of the Revised Code;	417

(27) In the case of a certified registered nurse anesthetist,	418
clinical nurse specialist, certified nurse-midwife, or certified	419
nurse practitioner:	420

(a) Engaging in activities that exceed those permitted for	421
the nurse's nursing specialty under section 4723.43 of the Revised	422
Code;	423

(b) Failure to meet the quality assurance standards	424
established under section 4723.07 of the Revised Code.	425

(28) In the case of a clinical nurse specialist, certified	426
nurse-midwife, or certified nurse practitioner, failure to	427
maintain a standard care arrangement in accordance with section	428
4723.431 of the Revised Code or to practice in accordance with the	429
standard care arrangement;	430

(29) In the case of a clinical nurse specialist, certified	431
nurse-midwife, or certified nurse practitioner who holds a	432
certificate to prescribe issued under section 4723.48 of the	433
Revised Code, failure to prescribe drugs and therapeutic devices	434
in accordance with section 4723.481 of the Revised Code;	435

(30) Prescribing any drug or device to perform or induce an	436
abortion, or otherwise performing or inducing an abortion;	437

(31) Failure to establish and maintain professional	438
boundaries with a patient, as specified in rules adopted under	439
section 4723.07 of the Revised Code;	440

(32) Regardless of whether the contact or verbal behavior is	441
consensual, engaging with a patient other than the spouse of the	442
registered nurse, licensed practical nurse, or dialysis technician	443
in any of the following:	444

(a) Sexual contact, as defined in section 2907.01 of the	445
Revised Code;	446

(b) Verbal behavior that is sexually demeaning to the patient	447
or may be reasonably interpreted by the patient as sexually	448
demeaning.	449

(33) Assisting suicide as defined in section 3795.01 of the	450
Revised Code;	451

(34) Failure to comply with section 4723.487 of the Revised	452
Code, unless the state board of pharmacy no longer maintains a	453
drug database pursuant to section 4729.75 of the Revised Code.	454

(C) Disciplinary actions taken by the board under divisions	455
(A) and (B) of this section shall be taken pursuant to an	456
adjudication conducted under Chapter 119. of the Revised Code,	457
except that in lieu of a hearing, the board may enter into a	458
consent agreement with an individual to resolve an allegation of a	459
violation of this chapter or any rule adopted under it. A consent	460
agreement, when ratified by a vote of a quorum, shall constitute	461
the findings and order of the board with respect to the matter	462
addressed in the agreement. If the board refuses to ratify a	463
consent agreement, the admissions and findings contained in the	464
agreement shall be of no effect.	465

(D) The hearings of the board shall be conducted in	466
accordance with Chapter 119. of the Revised Code, the board may	467
appoint a hearing examiner, as provided in section 119.09 of the	468
Revised Code, to conduct any hearing the board is authorized to	469
hold under Chapter 119. of the Revised Code.	470

In any instance in which the board is required under Chapter	471
119. of the Revised Code to give notice of an opportunity for a	472
hearing and the applicant, licensee, or certificate holder does	473
not make a timely request for a hearing in accordance with section	474
119.07 of the Revised Code, the board is not required to hold a	475
hearing, but may adopt, by a vote of a quorum, a final order that	476
contains the board's findings. In the final order, the board may	477
order any of the sanctions listed in division (A) or (B) of this	478
section.	479

(E) If a criminal action is brought against a registered	480
nurse, licensed practical nurse, or dialysis technician for an act	481
or crime described in divisions (B)(3) to (7) of this section and	482
the action is dismissed by the trial court other than on the	483
merits, the board shall conduct an adjudication to determine	484
whether the registered nurse, licensed practical nurse, or	485
dialysis technician committed the act on which the action was	486
based. If the board determines on the basis of the adjudication	487
that the registered nurse, licensed practical nurse, or dialysis	488
technician committed the act, or if the registered nurse, licensed	489
practical nurse, or dialysis technician fails to participate in	490
the adjudication, the board may take action as though the	491
registered nurse, licensed practical nurse, or dialysis technician	492
had been convicted of the act.	493

If the board takes action on the basis of a conviction, plea,	494
or a judicial finding as described in divisions (B)(3) to (7) of	495
this section that is overturned on appeal, the registered nurse,	496
licensed practical nurse, or dialysis technician may, on	497
exhaustion of the appeal process, petition the board for	498
reconsideration of its action. On receipt of the petition and	499
supporting court documents, the board shall temporarily rescind	500
its action. If the board determines that the decision on appeal	501
was a decision on the merits, it shall permanently rescind its	502
action. If the board determines that the decision on appeal was	503
not a decision on the merits, it shall conduct an adjudication to	504
determine whether the registered nurse, licensed practical nurse,	505
or dialysis technician committed the act on which the original	506
conviction, plea, or judicial finding was based. If the board	507
determines on the basis of the adjudication that the registered	508
nurse, licensed practical nurse, or dialysis technician committed	509
such act, or if the registered nurse, licensed practical nurse, or	510
dialysis technician does not request an adjudication, the board	511
shall reinstate its action; otherwise, the board shall permanently	512
rescind its action.	513

Notwithstanding the provision of division (C)(2) of section	514
2953.32 of the Revised Code specifying that if records pertaining	515
to a criminal case are sealed under that section the proceedings	516
in the case shall be deemed not to have occurred, sealing of the	517
following records on which the board has based an action under	518
this section shall have no effect on the board's action or any	519
sanction imposed by the board under this section: records of any	520
conviction, guilty plea, judicial finding of guilt resulting from	521
a plea of no contest, or a judicial finding of eligibility for a	522
pretrial diversion program or intervention in lieu of conviction.	523

The board shall not be required to seal, destroy, redact, or	524
otherwise modify its records to reflect the court's sealing of	525
conviction records.	526

(F) The board may investigate an individual's criminal	527
background in performing its duties under this section. As part of	528
such investigation, the board may order the individual to submit,	529
at the individual's expense, a request to the bureau of criminal	530
identification and investigation for a criminal records check and	531
check of federal bureau of investigation records in accordance	532
with the procedure described in section 4723.091 of the Revised	533
Code.	534

(G) During the course of an investigation conducted under	535
this section, the board may compel any registered nurse, licensed	536
practical nurse, or dialysis technician or applicant under this	537
chapter to submit to a mental or physical examination, or both, as	538
required by the board and at the expense of the individual, if the	539
board finds reason to believe that the individual under	540
investigation may have a physical or mental impairment that may	541
affect the individual's ability to provide safe nursing care.	542
Failure of any individual to submit to a mental or physical	543
examination when directed constitutes an admission of the	544
allegations, unless the failure is due to circumstances beyond the	545
individual's control, and a default and final order may be entered	546
without the taking of testimony or presentation of evidence.	547

If the board finds that an individual is impaired, the board	548
shall require the individual to submit to care, counseling, or	549
treatment approved or designated by the board, as a condition for	550
initial, continued, reinstated, or renewed authority to practice.	551
The individual shall be afforded an opportunity to demonstrate to	552
the board that the individual can begin or resume the individual's	553
occupation in compliance with acceptable and prevailing standards	554
of care under the provisions of the individual's authority to	555
practice.	556

For purposes of this division, any registered nurse, licensed	557
practical nurse, or dialysis technician or applicant under this	558
chapter shall be deemed to have given consent to submit to a	559
mental or physical examination when directed to do so in writing	560
by the board, and to have waived all objections to the	561
admissibility of testimony or examination reports that constitute	562
a privileged communication.	563

(H) The board shall investigate evidence that appears to show	564
that any person has violated any provision of this chapter or any	565
rule of the board. Any person may report to the board any	566
information the person may have that appears to show a violation	567
of any provision of this chapter or rule of the board. In the	568
absence of bad faith, any person who reports such information or	569
who testifies before the board in any adjudication conducted under	570
Chapter 119. of the Revised Code shall not be liable for civil	571
damages as a result of the report or testimony.	572

(I) All of the following apply under this chapter with	573
respect to the confidentiality of information:	574

(1) Information received by the board pursuant to a complaint	575
or an investigation is confidential and not subject to discovery	576
in any civil action, except that the board may disclose	577
information to law enforcement officers and government entities	578
for purposes of an investigation of either a licensed health care	579
professional, including a registered nurse, licensed practical	580
nurse, or dialysis technician, or a person who may have engaged in	581
the unauthorized practice of nursing or dialysis care. No law	582
enforcement officer or government entity with knowledge of any	583
information disclosed by the board pursuant to this division shall	584
divulge the information to any other person or government entity	585
except for the purpose of a government investigation, a	586
prosecution, or an adjudication by a court or government entity.	587

(2) If an investigation requires a review of patient records,	588
the investigation and proceeding shall be conducted in such a	589
manner as to protect patient confidentiality.	590

(3) All adjudications and investigations of the board shall	591
be considered civil actions for the purposes of section 2305.252	592
of the Revised Code.	593

(4) Any board activity that involves continued monitoring of	594
an individual as part of or following any disciplinary action	595
taken under this section shall be conducted in a manner that	596
maintains the individual's confidentiality. Information received	597
or maintained by the board with respect to the board's monitoring	598
activities is not subject to discovery in any civil action and is	599
confidential, except that the board may disclose information to	600
law enforcement officers and government entities for purposes of	601
an investigation of a licensee or certificate holder.	602

(J) Any action taken by the board under this section	603
resulting in a suspension from practice shall be accompanied by a	604
written statement of the conditions under which the person may be	605
reinstated to practice.	606

(K) When the board refuses to grant a license or certificate	607
to an applicant, revokes a license or certificate, or refuses to	608
reinstate a license or certificate, the board may specify that its	609
action is permanent. An individual subject to permanent action	610
taken by the board is forever ineligible to hold a license or	611
certificate of the type that was refused or revoked and the board	612
shall not accept from the individual an application for	613
reinstatement of the license or certificate or for a new license	614
or certificate.	615

(L) No unilateral surrender of a nursing license, certificate	616
of authority, or dialysis technician certificate issued under this	617
chapter shall be effective unless accepted by majority vote of the	618
board. No application for a nursing license, certificate of	619
authority, or dialysis technician certificate issued under this	620
chapter may be withdrawn without a majority vote of the board. The	621
board's jurisdiction to take disciplinary action under this	622
section is not removed or limited when an individual has a license	623
or certificate classified as inactive or fails to renew a license	624
or certificate.	625

(M) Sanctions shall not be imposed under division (B)(24) of	626
this section against any licensee who waives deductibles and	627
copayments as follows:	628

(1) In compliance with the health benefit plan that expressly	629
allows such a practice. Waiver of the deductibles or copayments	630
shall be made only with the full knowledge and consent of the plan	631
purchaser, payer, and third-party administrator. Documentation of	632
the consent shall be made available to the board upon request.	633

(2) For professional services rendered to any other person	634
licensed pursuant to this chapter to the extent allowed by this	635
chapter and the rules of the board.	636

Sec. 4723.487. (A) As used in this section, "drug:

637

(1) "Controlled substance" has the same meaning as in section	638
3719.01 of the Revised Code.	639

(2) "Drug database" means the database established and	640
maintained by the state board of pharmacy pursuant to section	641
4729.75 of the Revised Code.	642

(B) TheAn advanced practice nurse with a certificate to	643
prescribe issued under section 4723.48 of the Revised Code who is	644
considering prescribing a controlled substance that is a schedule	645
II drug or contains opioids shall personally, or through a	646
delegate, request information related to the patient from the drug	647
database pursuant to division (A)(5) of section 4729.80 of the	648
Revised Code. The nurse shall not prescribe the controlled	649
substance without first reviewing the information provided from	650
the drug database. The nurse shall keep the information as part of	651
the patient's record.	652

The board of nursing shall adopt rules in accordance with	653
Chapter 119. of the Revised Code that establish standards and	654
procedures to be followed by an advanced practice registered nurse	655
with a certificate to prescribe issued under section 4723.48 of	656
the Revised Codedescribed in this division regarding the review	657
of patient information available through the drug database under	658
division (A)(5) of section 4729.80 of the Revised Code.	659

(C) This section and the rules adopted under it do not apply	660
if the state board of pharmacy no longer maintains the drug	661
database.	662

Sec. 4725.092. (A) As used in this section, "drug:

663

(1) "Controlled substance" has the same meaning as in section	664
3719.01 of the Revised Code.	665

(2) "Drug database" means the database established and	666
maintained by the state board of pharmacy pursuant to section	667
4729.75 of the Revised Code.	668

(B) TheAn optometrist holding a therapeutic pharmaceutical	669
agents certificate who is considering prescribing a controlled	670
substance that is a schedule II drug or contains opioids shall	671
personally, or through a delegate, request information related to	672
the patient from the drug database pursuant to division (A)(5) of	673
section 4729.80 of the Revised Code. The optometrist shall not	674
prescribe the controlled substance without first reviewing the	675
information provided from the drug database. The optometrist shall	676
keep the information as part of the patient's record.	677

The state board of optometry shall adopt rules in accordance	678
with Chapter 119. of the Revised Code that establish standards and	679
procedures to be followed by an optometrist who holds a	680
therapeutic pharmaceutical agents certificatedescribed in this	681
division regarding the review of patient information available	682
through the drug database under division (A)(5) of section 4729.80	683
of the Revised Code.	684

(C) This section and the rules adopted under it do not apply	685
if the state board of pharmacy no longer maintains the drug	686
database.	687

Sec. 4725.19.  (A) In accordance with Chapter 119. of the	688
Revised Code and by an affirmative vote of a majority of its	689
members, the state board of optometry, for any of the reasons	690
specified in division (B) of this section, shall refuse to grant a	691
certificate of licensure to an applicant and may, with respect to	692
a licensed optometrist, do one or more of the following:	693

(1) Suspend the operation of any certificate of licensure,	694
topical ocular pharmaceutical agents certificate, or therapeutic	695
pharmaceutical agents certificate, or all certificates granted by	696
it to the optometrist;	697

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

698

(3) Limit or otherwise place restrictions on any or all of	699
the certificates;	700

(4) Reprimand the optometrist;

701

(5) Impose a monetary penalty. If the reason for which the	702
board is imposing the penalty involves a criminal offense that	703
carries a fine under the Revised Code, the penalty shall not	704
exceed the maximum fine that may be imposed for the criminal	705
offense. In any other case, the penalty imposed by the board shall	706
not exceed five hundred dollars.	707

(6) Require the optometrist to take corrective action	708
courses.	709

The amount and content of corrective action courses shall be	710
established by the board in rules adopted under section 4725.09 of	711
the Revised Code.	712

(B) The sanctions specified in division (A) of this section	713
may be taken by the board for any of the following reasons:	714

(1) Committing fraud in passing the licensing examination or	715
making false or purposely misleading statements in an application	716
for a certificate of licensure;	717

(2) Being at any time guilty of immorality, regardless of the	718
jurisdiction in which the act was committed;	719

(3) Being guilty of dishonesty or unprofessional conduct in	720
the practice of optometry;	721

(4) Being at any time guilty of a felony, regardless of the	722
jurisdiction in which the act was committed;	723

(5) Being at any time guilty of a misdemeanor committed in	724
the course of practice, regardless of the jurisdiction in which	725
the act was committed;	726

(6) Violating the conditions of any limitation or other	727
restriction placed by the board on any certificate issued by the	728
board;	729

(7) Engaging in the practice of optometry as provided in	730
division (A)(1), (2), or (3) of section 4725.01 of the Revised	731
Code when the certificate authorizing that practice is under	732
suspension, in which case the board shall permanently revoke the	733
certificate;	734

(8) Being denied a license to practice optometry in another	735
state or country or being subject to any other sanction by the	736
optometric licensing authority of another state or country, other	737
than sanctions imposed for the nonpayment of fees;	738

(9) Departing from or failing to conform to acceptable and	739
prevailing standards of care in the practice of optometry as	740
followed by similar practitioners under the same or similar	741
circumstances, regardless of whether actual injury to a patient is	742
established;	743

(10) Failing to maintain comprehensive patient records;

744

(11) Advertising a price of optical accessories, eye	745
examinations, or other products or services by any means that	746
would deceive or mislead the public;	747

(12) Being addicted to the use of alcohol, stimulants,	748
narcotics, or any other substance which impairs the intellect and	749
judgment to such an extent as to hinder or diminish the	750
performance of the duties included in the person's practice of	751
optometry;	752

(13) Engaging in the practice of optometry as provided in	753
division (A)(2) or (3) of section 4725.01 of the Revised Code	754
without authority to do so or, if authorized, in a manner	755
inconsistent with the authority granted;	756

(14) Failing to make a report to the board as required by	757
division (A) of section 4725.21 or section 4725.31 of the Revised	758
Code;	759

(15) Soliciting patients from door to door or establishing	760
temporary offices, in which case the board shall suspend all	761
certificates held by the optometrist;	762

(16) Failing to comply with section 4725.092 of the Revised	763
Code, unless the state board of pharmacy no longer maintains a	764
drug database pursuant to section 4729.75 of the Revised Code;	765

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

766

(a) Waiving the payment of all or any part of a deductible or	767
copayment that a patient, pursuant to a health insurance or health	768
care policy, contract, or plan that covers optometric services,	769
would otherwise be required to pay if the waiver is used as an	770
enticement to a patient or group of patients to receive health	771
care services from that optometrist.	772

(b) Advertising that the optometrist will waive the payment	773
of all or any part of a deductible or copayment that a patient,	774
pursuant to a health insurance or health care policy, contract, or	775
plan that covers optometric services, would otherwise be required	776
to pay.	777

(C) Any person who is the holder of a certificate of	778
licensure, or who is an applicant for a certificate of licensure	779
against whom is preferred any charges, shall be furnished by the	780
board with a copy of the complaint and shall have a hearing before	781
the board in accordance with Chapter 119. of the Revised Code.	782

(D) Sanctions shall not be imposed under division (B)(16)(17)	783
of this section against any optometrist who waives deductibles and	784
copayments:	785

(1) In compliance with the health benefit plan that expressly	786
allows such a practice. Waiver of the deductibles or copayments	787
shall be made only with the full knowledge and consent of the plan	788
purchaser, payer, and third-party administrator. Documentation of	789
the consent shall be made available to the board upon request.	790

(2) For professional services rendered to any other	791
optometrist licensed by the board, to the extent allowed by	792
sections 4725.01 to 4725.34 of the Revised Code and the rules of	793
the board.	794

Sec. 4729.16.  (A) The state board of pharmacy, after notice	795
and hearing in accordance with Chapter 119. of the Revised Code,	796
may revoke, suspend, limit, place on probation, or refuse to grant	797
or renew an identification card, or may impose a monetary penalty	798
or forfeiture not to exceed in severity any fine designated under	799
the Revised Code for a similar offense, or in the case of a	800
violation of a section of the Revised Code that does not bear a	801
penalty, a monetary penalty or forfeiture of not more than five	802
hundred dollars, if the board finds a pharmacist or pharmacy	803
intern:	804

(1) Guilty of a felony or gross immorality;

805

(2) Guilty of dishonesty or unprofessional conduct in the	806
practice of pharmacy;	807

(3) Addicted to or abusing liquor or drugs or impaired	808
physically or mentally to such a degree as to render the	809
pharmacist or pharmacy intern unfit to practice pharmacy;	810

(4) Has been convicted of a misdemeanor related to, or	811
committed in, the practice of pharmacy;	812

(5) Guilty of willfully violating, conspiring to violate,	813
attempting to violate, or aiding and abetting the violation of any	814
of the provisions of this chapter, sections 3715.52 to 3715.72 of	815
the Revised Code, Chapter 2925. or 3719. of the Revised Code, or	816
any rule adopted by the board under those provisions;	817

(6) Guilty of permitting anyone other than a pharmacist or	818
pharmacy intern to practice pharmacy;	819

(7) Guilty of knowingly lending the pharmacist's or pharmacy	820
intern's name to an illegal practitioner of pharmacy or having	821
professional connection with an illegal practitioner of pharmacy;	822

(8) Guilty of dividing or agreeing to divide remuneration	823
made in the practice of pharmacy with any other individual,	824
including, but not limited to, any licensed health professional	825
authorized to prescribe drugs or any owner, manager, or employee	826
of a health care facility, residential care facility, or nursing	827
home;	828

(9) Has violated the terms of a consult agreement entered	829
into pursuant to section 4729.39 of the Revised Code;	830

(10) Has committed fraud, misrepresentation, or deception in	831
applying for or securing a license or identification card issued	832
by the board under this chapter or under Chapter 3715. or 3719. of	833
the Revised Code;	834

(11) Has failed to comply with section 4729.282 of the	835
Revised Code, unless the board no longer maintains a drug database	836
pursuant to section 4729.75 of the Revised Code.	837

(B) Any individual whose identification card is revoked,	838
suspended, or refused, shall return the identification card and	839
license to the offices of the state board of pharmacy within ten	840
days after receipt of notice of such action.	841

(C) As used in this section:

842

"Unprofessional conduct in the practice of pharmacy" includes	843
any of the following:	844

(1) Advertising or displaying signs that promote dangerous	845
drugs to the public in a manner that is false or misleading;	846

(2) Except as provided in section 4729.281 of the Revised	847
Code, the sale of any drug for which a prescription is required,	848
without having received a prescription for the drug;	849

(3) Knowingly dispensing medication pursuant to false or	850
forged prescriptions;	851

(4) Knowingly failing to maintain complete and accurate	852
records of all dangerous drugs received or dispensed in compliance	853
with federal laws and regulations and state laws and rules;	854

(5) Obtaining any remuneration by fraud, misrepresentation,	855
or deception.	856

(D) The board may suspend a license or identification card	857
under division (B) of section 3719.121 of the Revised Code by	858
utilizing a telephone conference call to review the allegations	859
and take a vote.	860

(E) If, pursuant to an adjudication under Chapter 119. of the	861
Revised Code, the board has reasonable cause to believe that a	862
pharmacist or pharmacy intern is physically or mentally impaired,	863
the board may require the pharmacist or pharmacy intern to submit	864
to a physical or mental examination, or both.	865

Sec. 4729.282. (A) As used in this section:

866

(1) "Controlled substance" has the same meaning as in section	867
3719.01 of the Revised Code.	868

(2) "Drug database" means the database established and	869
maintained by the state board of pharmacy pursuant to section	870
4729.75 of the Revised Code.	871

(B) A pharmacist who is considering dispensing a controlled	872
substance that is a schedule II drug or contains opioids shall	873
personally, or through a delegate, request information related to	874
the patient from the drug database pursuant to division (A)(6) of	875
section 4729.80 of the Revised Code. The pharmacist shall not	876
dispense the controlled substance without first reviewing the	877
information provided from the drug database. The pharmacist shall	878
keep the information as part of the patient's record.	879

Sec. 4729.80. (A) If the state board of pharmacy establishes	880
and maintains a drug database pursuant to section 4729.75 of the	881
Revised Code, the board is authorized or required to provide	882
information from the database in accordance with the following:	883

(1) On receipt of a request from a designated representative	884
of a government entity responsible for the licensure, regulation,	885
or discipline of health care professionals with authority to	886
prescribe, administer, or dispense drugs, the board may provide to	887
the representative information from the database relating to the	888
professional who is the subject of an active investigation being	889
conducted by the government entity.	890

(2) On receipt of a request from a federal officer, or a	891
state or local officer of this or any other state, whose duties	892
include enforcing laws relating to drugs, the board shall provide	893
to the officer information from the database relating to the	894
person who is the subject of an active investigation of a drug	895
abuse offense, as defined in section 2925.01 of the Revised Code,	896
being conducted by the officer's employing government entity.	897

(3) Pursuant to a subpoena issued by a grand jury, the board	898
shall provide to the grand jury information from the database	899
relating to the person who is the subject of an investigation	900
being conducted by the grand jury.	901

(4) Pursuant to a subpoena, search warrant, or court order in	902
connection with the investigation or prosecution of a possible or	903
alleged criminal offense, the board shall provide information from	904
the database as necessary to comply with the subpoena, search	905
warrant, or court order.	906

(5) On receipt of a request from a prescriber or the	907
prescriber's delegate approved by the board, the board mayshall	908
provide to the prescriber information from the database relating	909
to a patient who is either of the following, if the prescriber	910
certifies in a form specified by the board that it is for the	911
purpose of providing medical treatment to the patient who is the	912
subject of the request:	913

(a) A current patient of the prescriber;

914

(b) A potential patient of the prescriber based on a referral	915
of the patient to the prescriber.	916

(6) On receipt of a request from a pharmacist or the	917
pharmacist's delegate approved by the board, the board mayshall	918
provide to the pharmacist information from the database relating	919
to a current patient of the pharmacist, if the pharmacist	920
certifies in a form specified by the board that it is for the	921
purpose of the pharmacist's practice of pharmacy involving the	922
patient who is the subject of the request.	923

(7) On receipt of a request from an individual seeking the	924
individual's own database information in accordance with the	925
procedure established in rules adopted under section 4729.84 of	926
the Revised Code, the board may provide to the individual the	927
individual's own database information.	928

(8) On receipt of a request from the medical director of a	929
managed care organization that has entered into a data security	930
agreement with the board required by section 5167.14 of the	931
Revised Code, the board shall provide to the medical director	932
information from the database relating to a medicaid recipient	933
enrolled in the managed care organization, including information	934
in the database related to prescriptions for the recipient that	935
were not covered or reimbursed under a program administered by the	936
department of medicaid.	937

(9) On receipt of a request from the medicaid director, the	938
board shall provide to the director information from the database	939
relating to a recipient of a program administered by the	940
department of medicaid, including information in the database	941
related to prescriptions for the recipient that were not covered	942
or paid by a program administered by the department.	943

(10) On receipt of a request from the administrator of	944
workers' compensation, the board may provide to the administrator	945
information from the database relating to a claimant under Chapter	946
4121., 4123., 4127., or 4131. of the Revised Code.	947

(11) On receipt of a request from a requestor described in	948
division (A)(1), (2), (5), or (6) of this section who is from or	949
participating with another state's prescription monitoring	950
program, the board may provide to the requestor information from	951
the database, but only if there is a written agreement under which	952
the information is to be used and disseminated according to the	953
laws of this state.	954

(B) The state board of pharmacy shall maintain a record of	955
each individual or entity that requests information from the	956
database pursuant to this section. In accordance with rules	957
adopted under section 4729.84 of the Revised Code, the board may	958
use the records to document and report statistics and law	959
enforcement outcomes.	960

The board may provide records of an individual's requests for	961
database information to the following:	962

(1) A designated representative of a government entity that	963
is responsible for the licensure, regulation, or discipline of	964
health care professionals with authority to prescribe, administer,	965
or dispense drugs who is involved in an active investigation being	966
conducted by the government entity of the individual who submitted	967
the requests for database information;	968

(2) A federal officer, or a state or local officer of this or	969
any other state, whose duties include enforcing laws relating to	970
drugs and who is involved in an active investigation being	971
conducted by the officer's employing government entity of the	972
individual who submitted the requests for database information.	973

(C) Information contained in the database and any information	974
obtained from it is not a public record. Information contained in	975
the records of requests for information from the database is not a	976
public record. Information that does not identify a person may be	977
released in summary, statistical, or aggregate form.	978

(D) A pharmacist or prescriber shall not be held liable in	979
damages to any person in any civil action for injury, death, or	980
loss to person or property on the basis that the pharmacist or	981
prescriber did or did not seek or obtain information from the	982
database.	983

Sec. 4730.25.  (A) The state medical board, by an affirmative	984
vote of not fewer than six members, may revoke or may refuse to	985
grant a certificate to practice as a physician assistant or a	986
certificate to prescribe to a person found by the board to have	987
committed fraud, misrepresentation, or deception in applying for	988
or securing the certificate.	989

(B) The board, by an affirmative vote of not fewer than six	990
members, shall, to the extent permitted by law, limit, revoke, or	991
suspend an individual's certificate to practice as a physician	992
assistant or certificate to prescribe, refuse to issue a	993
certificate to an applicant, refuse to reinstate a certificate, or	994
reprimand or place on probation the holder of a certificate for	995
any of the following reasons:	996

(1) Failure to practice in accordance with the conditions	997
under which the supervising physician's supervision agreement with	998
the physician assistant was approved, including the requirement	999
that when practicing under a particular supervising physician, the	1000
physician assistant must practice only according to the physician	1001
supervisory plan the board approved for that physician or the	1002
policies of the health care facility in which the supervising	1003
physician and physician assistant are practicing;	1004

(2) Failure to comply with the requirements of this chapter,	1005
Chapter 4731. of the Revised Code, or any rules adopted by the	1006
board;	1007

(3) Violating or attempting to violate, directly or	1008
indirectly, or assisting in or abetting the violation of, or	1009
conspiring to violate, any provision of this chapter, Chapter	1010
4731. of the Revised Code, or the rules adopted by the board;	1011

(4) Inability to practice according to acceptable and	1012
prevailing standards of care by reason of mental illness or	1013
physical illness, including physical deterioration that adversely	1014
affects cognitive, motor, or perceptive skills;	1015

(5) Impairment of ability to practice according to acceptable	1016
and prevailing standards of care because of habitual or excessive	1017
use or abuse of drugs, alcohol, or other substances that impair	1018
ability to practice;	1019

(6) Administering drugs for purposes other than those	1020
authorized under this chapter;	1021

(7) Willfully betraying a professional confidence;

1022

(8) Making a false, fraudulent, deceptive, or misleading	1023
statement in soliciting or advertising for employment as a	1024
physician assistant; in connection with any solicitation or	1025
advertisement for patients; in relation to the practice of	1026
medicine as it pertains to physician assistants; or in securing or	1027
attempting to secure a certificate to practice as a physician	1028
assistant, a certificate to prescribe, or approval of a	1029
supervision agreement.	1030

As used in this division, "false, fraudulent, deceptive, or	1031
misleading statement" means a statement that includes a	1032
misrepresentation of fact, is likely to mislead or deceive because	1033
of a failure to disclose material facts, is intended or is likely	1034
to create false or unjustified expectations of favorable results,	1035
or includes representations or implications that in reasonable	1036
probability will cause an ordinarily prudent person to	1037
misunderstand or be deceived.	1038

(9) Representing, with the purpose of obtaining compensation	1039
or other advantage personally or for any other person, that an	1040
incurable disease or injury, or other incurable condition, can be	1041
permanently cured;	1042

(10) The obtaining of, or attempting to obtain, money or	1043
anything of value by fraudulent misrepresentations in the course	1044
of practice;	1045

(11) A plea of guilty to, a judicial finding of guilt of, or	1046
a judicial finding of eligibility for intervention in lieu of	1047
conviction for, a felony;	1048

(12) Commission of an act that constitutes a felony in this	1049
state, regardless of the jurisdiction in which the act was	1050
committed;	1051

(13) A plea of guilty to, a judicial finding of guilt of, or	1052
a judicial finding of eligibility for intervention in lieu of	1053
conviction for, a misdemeanor committed in the course of practice;	1054

(14) A plea of guilty to, a judicial finding of guilt of, or	1055
a judicial finding of eligibility for intervention in lieu of	1056
conviction for, a misdemeanor involving moral turpitude;	1057

(15) Commission of an act in the course of practice that	1058
constitutes a misdemeanor in this state, regardless of the	1059
jurisdiction in which the act was committed;	1060

(16) Commission of an act involving moral turpitude that	1061
constitutes a misdemeanor in this state, regardless of the	1062
jurisdiction in which the act was committed;	1063

(17) A plea of guilty to, a judicial finding of guilt of, or	1064
a judicial finding of eligibility for intervention in lieu of	1065
conviction for violating any state or federal law regulating the	1066
possession, distribution, or use of any drug, including	1067
trafficking in drugs;	1068

(18) Any of the following actions taken by the state agency	1069
responsible for regulating the practice of physician assistants in	1070
another state, for any reason other than the nonpayment of fees:	1071
the limitation, revocation, or suspension of an individual's	1072
license to practice; acceptance of an individual's license	1073
surrender; denial of a license; refusal to renew or reinstate a	1074
license; imposition of probation; or issuance of an order of	1075
censure or other reprimand;	1076

(19) A departure from, or failure to conform to, minimal	1077
standards of care of similar physician assistants under the same	1078
or similar circumstances, regardless of whether actual injury to a	1079
patient is established;	1080

(20) Violation of the conditions placed by the board on a	1081
certificate to practice as a physician assistant, a certificate to	1082
prescribe, a physician supervisory plan, or supervision agreement;	1083

(21) Failure to use universal blood and body fluid	1084
precautions established by rules adopted under section 4731.051 of	1085
the Revised Code;	1086

(22) Failure to cooperate in an investigation conducted by	1087
the board under section 4730.26 of the Revised Code, including	1088
failure to comply with a subpoena or order issued by the board or	1089
failure to answer truthfully a question presented by the board at	1090
a deposition or in written interrogatories, except that failure to	1091
cooperate with an investigation shall not constitute grounds for	1092
discipline under this section if a court of competent jurisdiction	1093
has issued an order that either quashes a subpoena or permits the	1094
individual to withhold the testimony or evidence in issue;	1095

(23) Assisting suicide as defined in section 3795.01 of the	1096
Revised Code;	1097

(24) Prescribing any drug or device to perform or induce an	1098
abortion, or otherwise performing or inducing an abortion;	1099

(25) Failure to comply with section 4730.53 of the Revised	1100
Code, unless the board no longer maintains a drug database	1101
pursuant to section 4729.75 of the Revised Code.	1102

(C) Disciplinary actions taken by the board under divisions	1103
(A) and (B) of this section shall be taken pursuant to an	1104
adjudication under Chapter 119. of the Revised Code, except that	1105
in lieu of an adjudication, the board may enter into a consent	1106
agreement with a physician assistant or applicant to resolve an	1107
allegation of a violation of this chapter or any rule adopted	1108
under it. A consent agreement, when ratified by an affirmative	1109
vote of not fewer than six members of the board, shall constitute	1110
the findings and order of the board with respect to the matter	1111
addressed in the agreement. If the board refuses to ratify a	1112
consent agreement, the admissions and findings contained in the	1113
consent agreement shall be of no force or effect.	1114

(D) For purposes of divisions (B)(12), (15), and (16) of this	1115
section, the commission of the act may be established by a finding	1116
by the board, pursuant to an adjudication under Chapter 119. of	1117
the Revised Code, that the applicant or certificate holder	1118
committed the act in question. The board shall have no	1119
jurisdiction under these divisions in cases where the trial court	1120
renders a final judgment in the certificate holder's favor and	1121
that judgment is based upon an adjudication on the merits. The	1122
board shall have jurisdiction under these divisions in cases where	1123
the trial court issues an order of dismissal upon technical or	1124
procedural grounds.	1125

(E) The sealing of conviction records by any court shall have	1126
no effect upon a prior board order entered under the provisions of	1127
this section or upon the board's jurisdiction to take action under	1128
the provisions of this section if, based upon a plea of guilty, a	1129
judicial finding of guilt, or a judicial finding of eligibility	1130
for intervention in lieu of conviction, the board issued a notice	1131
of opportunity for a hearing prior to the court's order to seal	1132
the records. The board shall not be required to seal, destroy,	1133
redact, or otherwise modify its records to reflect the court's	1134
sealing of conviction records.	1135

(F) For purposes of this division, any individual who holds a	1136
certificate issued under this chapter, or applies for a	1137
certificate issued under this chapter, shall be deemed to have	1138
given consent to submit to a mental or physical examination when	1139
directed to do so in writing by the board and to have waived all	1140
objections to the admissibility of testimony or examination	1141
reports that constitute a privileged communication.	1142

(1) In enforcing division (B)(4) of this section, the board,	1143
upon a showing of a possible violation, may compel any individual	1144
who holds a certificate issued under this chapter or who has	1145
applied for a certificate pursuant to this chapter to submit to a	1146
mental examination, physical examination, including an HIV test,	1147
or both a mental and physical examination. The expense of the	1148
examination is the responsibility of the individual compelled to	1149
be examined. Failure to submit to a mental or physical examination	1150
or consent to an HIV test ordered by the board constitutes an	1151
admission of the allegations against the individual unless the	1152
failure is due to circumstances beyond the individual's control,	1153
and a default and final order may be entered without the taking of	1154
testimony or presentation of evidence. If the board finds a	1155
physician assistant unable to practice because of the reasons set	1156
forth in division (B)(4) of this section, the board shall require	1157
the physician assistant to submit to care, counseling, or	1158
treatment by physicians approved or designated by the board, as a	1159
condition for an initial, continued, reinstated, or renewed	1160
certificate. An individual affected under this division shall be	1161
afforded an opportunity to demonstrate to the board the ability to	1162
resume practicing in compliance with acceptable and prevailing	1163
standards of care.	1164

(2) For purposes of division (B)(5) of this section, if the	1165
board has reason to believe that any individual who holds a	1166
certificate issued under this chapter or any applicant for a	1167
certificate suffers such impairment, the board may compel the	1168
individual to submit to a mental or physical examination, or both.	1169
The expense of the examination is the responsibility of the	1170
individual compelled to be examined. Any mental or physical	1171
examination required under this division shall be undertaken by a	1172
treatment provider or physician qualified to conduct such	1173
examination and chosen by the board.	1174

Failure to submit to a mental or physical examination ordered	1175
by the board constitutes an admission of the allegations against	1176
the individual unless the failure is due to circumstances beyond	1177
the individual's control, and a default and final order may be	1178
entered without the taking of testimony or presentation of	1179
evidence. If the board determines that the individual's ability to	1180
practice is impaired, the board shall suspend the individual's	1181
certificate or deny the individual's application and shall require	1182
the individual, as a condition for initial, continued, reinstated,	1183
or renewed certification to practice or prescribe, to submit to	1184
treatment.	1185

Before being eligible to apply for reinstatement of a	1186
certificate suspended under this division, the physician assistant	1187
shall demonstrate to the board the ability to resume practice or	1188
prescribing in compliance with acceptable and prevailing standards	1189
of care. The demonstration shall include the following:	1190

(a) Certification from a treatment provider approved under	1191
section 4731.25 of the Revised Code that the individual has	1192
successfully completed any required inpatient treatment;	1193

(b) Evidence of continuing full compliance with an aftercare	1194
contract or consent agreement;	1195

(c) Two written reports indicating that the individual's	1196
ability to practice has been assessed and that the individual has	1197
been found capable of practicing according to acceptable and	1198
prevailing standards of care. The reports shall be made by	1199
individuals or providers approved by the board for making such	1200
assessments and shall describe the basis for their determination.	1201

The board may reinstate a certificate suspended under this	1202
division after such demonstration and after the individual has	1203
entered into a written consent agreement.	1204

When the impaired physician assistant resumes practice or	1205
prescribing, the board shall require continued monitoring of the	1206
physician assistant. The monitoring shall include compliance with	1207
the written consent agreement entered into before reinstatement or	1208
with conditions imposed by board order after a hearing, and, upon	1209
termination of the consent agreement, submission to the board for	1210
at least two years of annual written progress reports made under	1211
penalty of falsification stating whether the physician assistant	1212
has maintained sobriety.	1213

(G) If the secretary and supervising member determine that	1214
there is clear and convincing evidence that a physician assistant	1215
has violated division (B) of this section and that the	1216
individual's continued practice or prescribing presents a danger	1217
of immediate and serious harm to the public, they may recommend	1218
that the board suspend the individual's certificate to practice or	1219
prescribe without a prior hearing. Written allegations shall be	1220
prepared for consideration by the board.	1221

The board, upon review of those allegations and by an	1222
affirmative vote of not fewer than six of its members, excluding	1223
the secretary and supervising member, may suspend a certificate	1224
without a prior hearing. A telephone conference call may be	1225
utilized for reviewing the allegations and taking the vote on the	1226
summary suspension.	1227

The board shall issue a written order of suspension by	1228
certified mail or in person in accordance with section 119.07 of	1229
the Revised Code. The order shall not be subject to suspension by	1230
the court during pendency of any appeal filed under section 119.12	1231
of the Revised Code. If the physician assistant requests an	1232
adjudicatory hearing by the board, the date set for the hearing	1233
shall be within fifteen days, but not earlier than seven days,	1234
after the physician assistant requests the hearing, unless	1235
otherwise agreed to by both the board and the certificate holder.	1236

A summary suspension imposed under this division shall remain	1237
in effect, unless reversed on appeal, until a final adjudicative	1238
order issued by the board pursuant to this section and Chapter	1239
119. of the Revised Code becomes effective. The board shall issue	1240
its final adjudicative order within sixty days after completion of	1241
its hearing. Failure to issue the order within sixty days shall	1242
result in dissolution of the summary suspension order, but shall	1243
not invalidate any subsequent, final adjudicative order.	1244

(H) If the board takes action under division (B)(11), (13),	1245
or (14) of this section, and the judicial finding of guilt, guilty	1246
plea, or judicial finding of eligibility for intervention in lieu	1247
of conviction is overturned on appeal, upon exhaustion of the	1248
criminal appeal, a petition for reconsideration of the order may	1249
be filed with the board along with appropriate court documents.	1250
Upon receipt of a petition and supporting court documents, the	1251
board shall reinstate the certificate to practice or prescribe.	1252
The board may then hold an adjudication under Chapter 119. of the	1253
Revised Code to determine whether the individual committed the act	1254
in question. Notice of opportunity for hearing shall be given in	1255
accordance with Chapter 119. of the Revised Code. If the board	1256
finds, pursuant to an adjudication held under this division, that	1257
the individual committed the act, or if no hearing is requested,	1258
it may order any of the sanctions identified under division (B) of	1259
this section.	1260

(I) The certificate to practice issued to a physician	1261
assistant and the physician assistant's practice in this state are	1262
automatically suspended as of the date the physician assistant	1263
pleads guilty to, is found by a judge or jury to be guilty of, or	1264
is subject to a judicial finding of eligibility for intervention	1265
in lieu of conviction in this state or treatment or intervention	1266
in lieu of conviction in another state for any of the following	1267
criminal offenses in this state or a substantially equivalent	1268
criminal offense in another jurisdiction: aggravated murder,	1269
murder, voluntary manslaughter, felonious assault, kidnapping,	1270
rape, sexual battery, gross sexual imposition, aggravated arson,	1271
aggravated robbery, or aggravated burglary. Continued practice	1272
after the suspension shall be considered practicing without a	1273
certificate.	1274

The board shall notify the individual subject to the	1275
suspension by certified mail or in person in accordance with	1276
section 119.07 of the Revised Code. If an individual whose	1277
certificate is suspended under this division fails to make a	1278
timely request for an adjudication under Chapter 119. of the	1279
Revised Code, the board shall enter a final order permanently	1280
revoking the individual's certificate to practice.	1281

(J) In any instance in which the board is required by Chapter	1282
119. of the Revised Code to give notice of opportunity for hearing	1283
and the individual subject to the notice does not timely request a	1284
hearing in accordance with section 119.07 of the Revised Code, the	1285
board is not required to hold a hearing, but may adopt, by an	1286
affirmative vote of not fewer than six of its members, a final	1287
order that contains the board's findings. In that final order, the	1288
board may order any of the sanctions identified under division (A)	1289
or (B) of this section.	1290

(K) Any action taken by the board under division (B) of this	1291
section resulting in a suspension shall be accompanied by a	1292
written statement of the conditions under which the physician	1293
assistant's certificate may be reinstated. The board shall adopt	1294
rules in accordance with Chapter 119. of the Revised Code	1295
governing conditions to be imposed for reinstatement.	1296
Reinstatement of a certificate suspended pursuant to division (B)	1297
of this section requires an affirmative vote of not fewer than six	1298
members of the board.	1299

(L) When the board refuses to grant to an applicant a	1300
certificate to practice as a physician assistant or a certificate	1301
to prescribe, revokes an individual's certificate, refuses to	1302
issue a certificate, or refuses to reinstate an individual's	1303
certificate, the board may specify that its action is permanent.	1304
An individual subject to a permanent action taken by the board is	1305
forever thereafter ineligible to hold the certificate and the	1306
board shall not accept an application for reinstatement of the	1307
certificate or for issuance of a new certificate.	1308

(M) Notwithstanding any other provision of the Revised Code,	1309
all of the following apply:	1310

(1) The surrender of a certificate issued under this chapter	1311
is not effective unless or until accepted by the board.	1312
Reinstatement of a certificate surrendered to the board requires	1313
an affirmative vote of not fewer than six members of the board.	1314

(2) An application made under this chapter for a certificate,	1315
approval of a physician supervisory plan, or approval of a	1316
supervision agreement may not be withdrawn without approval of the	1317
board.	1318

(3) Failure by an individual to renew a certificate in	1319
accordance with section 4730.14 or section 4730.48 of the Revised	1320
Code shall not remove or limit the board's jurisdiction to take	1321
disciplinary action under this section against the individual.	1322

Sec. 4730.53. (A) As used in this section, "drug:

1323

(1) "Controlled substance" has the same meaning as in section	1324
3719.01 of the Revised Code.	1325

(2) "Drug database" means the database established and	1326
maintained by the state board of pharmacy pursuant to section	1327
4729.75 of the Revised Code.	1328

(B) TheA physician assistant holding a certificate to	1329
prescribe issued under this chapter who is considering prescribing	1330
a controlled substance that is a schedule II drug or contains	1331
opioids shall personally, or through a delegate, request	1332
information related to the patient from the drug database pursuant	1333
to division (A)(5) of section 4729.80 of the Revised Code. The	1334
physician assistant shall not prescribe the controlled substance	1335
without first reviewing the information provided from the drug	1336
database. The physician assistant shall keep the information as	1337
part of the patient's record.	1338

The medical board shall adopt rules in accordance with	1339
Chapter 119. of the Revised Code that establish standards and	1340
procedures to be followed by a physician assistant who holds a	1341
certificate to prescribe issued under this chapterdescribed in	1342
this division regarding the review of patient information	1343
available through the drug database under division (A)(5) of	1344
section 4729.80 of the Revised Code.	1345

(C) This section and the rules adopted under it do not apply	1346
if the state board of pharmacy no longer maintains the drug	1347
database.	1348

Sec. 4731.055. (A) As used in this section:

1349

(1) "Controlled substance" has the same meaning as in section	1350
3719.01 of the Revised Code.	1351

(2) "Drug database" means the database established and	1352
maintained by the state board of pharmacy pursuant to section	1353
4729.75 of the Revised Code.	1354

(2)(3) "Physician" means an individual authorized under this	1355
chapter to practice medicine and surgery, osteopathic medicine and	1356
surgery, or podiatric medicine and surgery.	1357

(B) TheA physician who is considering prescribing or	1358
personally furnishing a controlled substance that is a schedule II	1359
drug or contains opioids shall personally, or through a delegate,	1360
request information related to the patient from the drug database	1361
pursuant to division (A)(5) of section 4729.80 of the Revised	1362
Code. The physician shall not prescribe the controlled substance	1363
without first reviewing the information provided from the drug	1364
database. The physician shall keep the information as part of the	1365
patient's record.	1366

The state medical board shall adopt rules in accordance with	1367
Chapter 119. of the Revised Code that establish standards and	1368
procedures to be followed by a physician regarding the review of	1369
patient information available through the drug database under	1370
division (A)(5) of section 4729.80 of the Revised Code.	1371

(C) This section and the rules adopted under it do not apply	1372
if the state board of pharmacy no longer maintains the drug	1373
database.	1374

Sec. 4731.22.  (A) The state medical board, by an affirmative	1375
vote of not fewer than six of its members, may limit, revoke, or	1376
suspend an individual's certificate to practice, refuse to grant a	1377
certificate to an individual, refuse to register an individual,	1378
refuse to reinstate a certificate, or reprimand or place on	1379
probation the holder of a certificate if the individual or	1380
certificate holder is found by the board to have committed fraud	1381
during the administration of the examination for a certificate to	1382
practice or to have committed fraud, misrepresentation, or	1383
deception in applying for or securing any certificate to practice	1384
or certificate of registration issued by the board.	1385

(B) The board, by an affirmative vote of not fewer than six	1386
members, shall, to the extent permitted by law, limit, revoke, or	1387
suspend an individual's certificate to practice, refuse to	1388
register an individual, refuse to reinstate a certificate, or	1389
reprimand or place on probation the holder of a certificate for	1390
one or more of the following reasons:	1391

(1) Permitting one's name or one's certificate to practice or	1392
certificate of registration to be used by a person, group, or	1393
corporation when the individual concerned is not actually	1394
directing the treatment given;	1395

(2) Failure to maintain minimal standards applicable to the	1396
selection or administration of drugs, or failure to employ	1397
acceptable scientific methods in the selection of drugs or other	1398
modalities for treatment of disease;	1399

(3) Selling, giving away, personally furnishing, prescribing,	1400
or administering drugs for other than legal and legitimate	1401
therapeutic purposes or a plea of guilty to, a judicial finding of	1402
guilt of, or a judicial finding of eligibility for intervention in	1403
lieu of conviction of, a violation of any federal or state law	1404
regulating the possession, distribution, or use of any drug;	1405

(4) Willfully betraying a professional confidence.

1406

For purposes of this division, "willfully betraying a	1407
professional confidence" does not include providing any	1408
information, documents, or reports to a child fatality review	1409
board under sections 307.621 to 307.629 of the Revised Code and	1410
does not include the making of a report of an employee's use of a	1411
drug of abuse, or a report of a condition of an employee other	1412
than one involving the use of a drug of abuse, to the employer of	1413
the employee as described in division (B) of section 2305.33 of	1414
the Revised Code. Nothing in this division affects the immunity	1415
from civil liability conferred by that section upon a physician	1416
who makes either type of report in accordance with division (B) of	1417
that section. As used in this division, "employee," "employer,"	1418
and "physician" have the same meanings as in section 2305.33 of	1419
the Revised Code.	1420

(5) Making a false, fraudulent, deceptive, or misleading	1421
statement in the solicitation of or advertising for patients; in	1422
relation to the practice of medicine and surgery, osteopathic	1423
medicine and surgery, podiatric medicine and surgery, or a limited	1424
branch of medicine; or in securing or attempting to secure any	1425
certificate to practice or certificate of registration issued by	1426
the board.	1427

As used in this division, "false, fraudulent, deceptive, or	1428
misleading statement" means a statement that includes a	1429
misrepresentation of fact, is likely to mislead or deceive because	1430
of a failure to disclose material facts, is intended or is likely	1431
to create false or unjustified expectations of favorable results,	1432
or includes representations or implications that in reasonable	1433
probability will cause an ordinarily prudent person to	1434
misunderstand or be deceived.	1435

(6) A departure from, or the failure to conform to, minimal	1436
standards of care of similar practitioners under the same or	1437
similar circumstances, whether or not actual injury to a patient	1438
is established;	1439

(7) Representing, with the purpose of obtaining compensation	1440
or other advantage as personal gain or for any other person, that	1441
an incurable disease or injury, or other incurable condition, can	1442
be permanently cured;	1443

(8) The obtaining of, or attempting to obtain, money or	1444
anything of value by fraudulent misrepresentations in the course	1445
of practice;	1446

(9) A plea of guilty to, a judicial finding of guilt of, or a	1447
judicial finding of eligibility for intervention in lieu of	1448
conviction for, a felony;	1449

(10) Commission of an act that constitutes a felony in this	1450
state, regardless of the jurisdiction in which the act was	1451
committed;	1452

(11) A plea of guilty to, a judicial finding of guilt of, or	1453
a judicial finding of eligibility for intervention in lieu of	1454
conviction for, a misdemeanor committed in the course of practice;	1455

(12) Commission of an act in the course of practice that	1456
constitutes a misdemeanor in this state, regardless of the	1457
jurisdiction in which the act was committed;	1458

(13) 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 involving moral turpitude;	1461

(14) Commission of an act involving moral turpitude that	1462
constitutes a misdemeanor in this state, regardless of the	1463
jurisdiction in which the act was committed;	1464

(15) Violation of the conditions of limitation placed by the	1465
board upon a certificate to practice;	1466

(16) Failure to pay license renewal fees specified in this	1467
chapter;	1468

(17) Except as authorized in section 4731.31 of the Revised	1469
Code, engaging in the division of fees for referral of patients,	1470
or the receiving of a thing of value in return for a specific	1471
referral of a patient to utilize a particular service or business;	1472

(18) Subject to section 4731.226 of the Revised Code,	1473
violation of any provision of a code of ethics of the American	1474
medical association, the American osteopathic association, the	1475
American podiatric medical association, or any other national	1476
professional organizations that the board specifies by rule. The	1477
state medical board shall obtain and keep on file current copies	1478
of the codes of ethics of the various national professional	1479
organizations. The individual whose certificate is being suspended	1480
or revoked shall not be found to have violated any provision of a	1481
code of ethics of an organization not appropriate to the	1482
individual's profession.	1483

For purposes of this division, a "provision of a code of	1484
ethics of a national professional organization" does not include	1485
any provision that would preclude the making of a report by a	1486
physician of an employee's use of a drug of abuse, or of a	1487
condition of an employee other than one involving the use of a	1488
drug of abuse, to the employer of the employee as described in	1489
division (B) of section 2305.33 of the Revised Code. Nothing in	1490
this division affects the immunity from civil liability conferred	1491
by that section upon a physician who makes either type of report	1492
in accordance with division (B) of that section. As used in this	1493
division, "employee," "employer," and "physician" have the same	1494
meanings as in section 2305.33 of the Revised Code.	1495

(19) Inability to practice according to acceptable and	1496
prevailing standards of care by reason of mental illness or	1497
physical illness, including, but not limited to, physical	1498
deterioration that adversely affects cognitive, motor, or	1499
perceptive skills.	1500

In enforcing this division, the board, upon a showing of a	1501
possible violation, may compel any individual authorized to	1502
practice by this chapter or who has submitted an application	1503
pursuant to this chapter to submit to a mental examination,	1504
physical examination, including an HIV test, or both a mental and	1505
a physical examination. The expense of the examination is the	1506
responsibility of the individual compelled to be examined. Failure	1507
to submit to a mental or physical examination or consent to an HIV	1508
test ordered by the board constitutes an admission of the	1509
allegations against the individual unless the failure is due to	1510
circumstances beyond the individual's control, and a default and	1511
final order may be entered without the taking of testimony or	1512
presentation of evidence. If the board finds an individual unable	1513
to practice because of the reasons set forth in this division, the	1514
board shall require the individual to submit to care, counseling,	1515
or treatment by physicians approved or designated by the board, as	1516
a condition for initial, continued, reinstated, or renewed	1517
authority to practice. An individual affected under this division	1518
shall be afforded an opportunity to demonstrate to the board the	1519
ability to resume practice in compliance with acceptable and	1520
prevailing standards under the provisions of the individual's	1521
certificate. For the purpose of this division, any individual who	1522
applies for or receives a certificate to practice under this	1523
chapter accepts the privilege of practicing in this state and, by	1524
so doing, shall be deemed to have given consent to submit to a	1525
mental or physical examination when directed to do so in writing	1526
by the board, and to have waived all objections to the	1527
admissibility of testimony or examination reports that constitute	1528
a privileged communication.	1529

(20) Except when civil penalties are imposed under section	1530
4731.225 or 4731.281 of the Revised Code, and subject to section	1531
4731.226 of the Revised Code, violating or attempting to violate,	1532
directly or indirectly, or assisting in or abetting the violation	1533
of, or conspiring to violate, any provisions of this chapter or	1534
any rule promulgated by the board.	1535

This division does not apply to a violation or attempted	1536
violation of, assisting in or abetting the violation of, or a	1537
conspiracy to violate, any provision of this chapter or any rule	1538
adopted by the board that would preclude the making of a report by	1539
a physician of an employee's use of a drug of abuse, or of a	1540
condition of an employee other than one involving the use of a	1541
drug of abuse, to the employer of the employee as described in	1542
division (B) of section 2305.33 of the Revised Code. Nothing in	1543
this division affects the immunity from civil liability conferred	1544
by that section upon a physician who makes either type of report	1545
in accordance with division (B) of that section. As used in this	1546
division, "employee," "employer," and "physician" have the same	1547
meanings as in section 2305.33 of the Revised Code.	1548

(21) The violation of section 3701.79 of the Revised Code or	1549
of any abortion rule adopted by the public health council pursuant	1550
to section 3701.341 of the Revised Code;	1551

(22) Any of the following actions taken by an agency	1552
responsible for authorizing, certifying, or regulating an	1553
individual to practice a health care occupation or provide health	1554
care services in this state or another jurisdiction, for any	1555
reason other than the nonpayment of fees: the limitation,	1556
revocation, or suspension of an individual's license to practice;	1557
acceptance of an individual's license surrender; denial of a	1558
license; refusal to renew or reinstate a license; imposition of	1559
probation; or issuance of an order of censure or other reprimand;	1560

(23) The violation of section 2919.12 of the Revised Code or	1561
the performance or inducement of an abortion upon a pregnant woman	1562
with actual knowledge that the conditions specified in division	1563
(B) of section 2317.56 of the Revised Code have not been satisfied	1564
or with a heedless indifference as to whether those conditions	1565
have been satisfied, unless an affirmative defense as specified in	1566
division (H)(2) of that section would apply in a civil action	1567
authorized by division (H)(1) of that section;	1568

(24) The revocation, suspension, restriction, reduction, or	1569
termination of clinical privileges by the United States department	1570
of defense or department of veterans affairs or the termination or	1571
suspension of a certificate of registration to prescribe drugs by	1572
the drug enforcement administration of the United States	1573
department of justice;	1574

(25) Termination or suspension from participation in the	1575
medicare or medicaid programs by the department of health and	1576
human services or other responsible agency for any act or acts	1577
that also would constitute a violation of division (B)(2), (3),	1578
(6), (8), or (19) of this section;	1579

(26) Impairment of ability to practice according to	1580
acceptable and prevailing standards of care because of habitual or	1581
excessive use or abuse of drugs, alcohol, or other substances that	1582
impair ability to practice.	1583

For the purposes of this division, any individual authorized	1584
to practice by this chapter accepts the privilege of practicing in	1585
this state subject to supervision by the board. By filing an	1586
application for or holding a certificate to practice under this	1587
chapter, an individual shall be deemed to have given consent to	1588
submit to a mental or physical examination when ordered to do so	1589
by the board in writing, and to have waived all objections to the	1590
admissibility of testimony or examination reports that constitute	1591
privileged communications.	1592

If it has reason to believe that any individual authorized to	1593
practice by this chapter or any applicant for certification to	1594
practice suffers such impairment, the board may compel the	1595
individual to submit to a mental or physical examination, or both.	1596
The expense of the examination is the responsibility of the	1597
individual compelled to be examined. Any mental or physical	1598
examination required under this division shall be undertaken by a	1599
treatment provider or physician who is qualified to conduct the	1600
examination and who is chosen by the board.	1601

Failure to submit to a mental or physical examination ordered	1602
by the board constitutes an admission of the allegations against	1603
the individual unless the failure is due to circumstances beyond	1604
the individual's control, and a default and final order may be	1605
entered without the taking of testimony or presentation of	1606
evidence. If the board determines that the individual's ability to	1607
practice is impaired, the board shall suspend the individual's	1608
certificate or deny the individual's application and shall require	1609
the individual, as a condition for initial, continued, reinstated,	1610
or renewed certification to practice, to submit to treatment.	1611

Before being eligible to apply for reinstatement of a	1612
certificate suspended under this division, the impaired	1613
practitioner shall demonstrate to the board the ability to resume	1614
practice in compliance with acceptable and prevailing standards of	1615
care under the provisions of the practitioner's certificate. The	1616
demonstration shall include, but shall not be limited to, the	1617
following:	1618

(a) Certification from a treatment provider approved under	1619
section 4731.25 of the Revised Code that the individual has	1620
successfully completed any required inpatient treatment;	1621

(b) Evidence of continuing full compliance with an aftercare	1622
contract or consent agreement;	1623

(c) Two written reports indicating that the individual's	1624
ability to practice has been assessed and that the individual has	1625
been found capable of practicing according to acceptable and	1626
prevailing standards of care. The reports shall be made by	1627
individuals or providers approved by the board for making the	1628
assessments and shall describe the basis for their determination.	1629

The board may reinstate a certificate suspended under this	1630
division after that demonstration and after the individual has	1631
entered into a written consent agreement.	1632

When the impaired practitioner resumes practice, the board	1633
shall require continued monitoring of the individual. The	1634
monitoring shall include, but not be limited to, compliance with	1635
the written consent agreement entered into before reinstatement or	1636
with conditions imposed by board order after a hearing, and, upon	1637
termination of the consent agreement, submission to the board for	1638
at least two years of annual written progress reports made under	1639
penalty of perjury stating whether the individual has maintained	1640
sobriety.	1641

(27) A second or subsequent violation of section 4731.66 or	1642
4731.69 of the Revised Code;	1643

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

1644

(a) Waiving the payment of all or any part of a deductible or	1645
copayment that a patient, pursuant to a health insurance or health	1646
care policy, contract, or plan that covers the individual's	1647
services, otherwise would be required to pay if the waiver is used	1648
as an enticement to a patient or group of patients to receive	1649
health care services from that individual;	1650

(b) Advertising that the individual will waive the payment of	1651
all or any part of a deductible or copayment that a patient,	1652
pursuant to a health insurance or health care policy, contract, or	1653
plan that covers the individual's services, otherwise would be	1654
required to pay.	1655

(29) Failure to use universal blood and body fluid	1656
precautions established by rules adopted under section 4731.051 of	1657
the Revised Code;	1658

(30) Failure to provide notice to, and receive acknowledgment	1659
of the notice from, a patient when required by section 4731.143 of	1660
the Revised Code prior to providing nonemergency professional	1661
services, or failure to maintain that notice in the patient's	1662
file;	1663

(31) Failure of a physician supervising a physician assistant	1664
to maintain supervision in accordance with the requirements of	1665
Chapter 4730. of the Revised Code and the rules adopted under that	1666
chapter;	1667

(32) Failure of a physician or podiatrist to enter into a	1668
standard care arrangement with a clinical nurse specialist,	1669
certified nurse-midwife, or certified nurse practitioner with whom	1670
the physician or podiatrist is in collaboration pursuant to	1671
section 4731.27 of the Revised Code or failure to fulfill the	1672
responsibilities of collaboration after entering into a standard	1673
care arrangement;	1674

(33) Failure to comply with the terms of a consult agreement	1675
entered into with a pharmacist pursuant to section 4729.39 of the	1676
Revised Code;	1677

(34) Failure to cooperate in an investigation conducted by	1678
the board under division (F) of this section, including failure to	1679
comply with a subpoena or order issued by the board or failure to	1680
answer truthfully a question presented by the board in an	1681
investigative interview, an investigative office conference, at a	1682
deposition, or in written interrogatories, except that failure to	1683
cooperate with an investigation shall not constitute grounds for	1684
discipline under this section if a court of competent jurisdiction	1685
has issued an order that either quashes a subpoena or permits the	1686
individual to withhold the testimony or evidence in issue;	1687

(35) Failure to supervise an oriental medicine practitioner	1688
or acupuncturist in accordance with Chapter 4762. of the Revised	1689
Code and the board's rules for providing that supervision;	1690

(36) Failure to supervise an anesthesiologist assistant in	1691
accordance with Chapter 4760. of the Revised Code and the board's	1692
rules for supervision of an anesthesiologist assistant;	1693

(37) Assisting suicide as defined in section 3795.01 of the	1694
Revised Code;	1695

(38) Failure to comply with the requirements of section	1696
2317.561 of the Revised Code;	1697

(39) Failure to supervise a radiologist assistant in	1698
accordance with Chapter 4774. of the Revised Code and the board's	1699
rules for supervision of radiologist assistants;	1700

(40) Performing or inducing an abortion at an office or	1701
facility with knowledge that the office or facility fails to post	1702
the notice required under section 3701.791 of the Revised Code;	1703

(41) Failure to comply with the standards and procedures	1704
established in rules under section 4731.054 of the Revised Code	1705
for the operation of or the provision of care at a pain management	1706
clinic;	1707

(42) Failure to comply with the standards and procedures	1708
established in rules under section 4731.054 of the Revised Code	1709
for providing supervision, direction, and control of individuals	1710
at a pain management clinic;	1711

(43) Failure to comply with the requirements of section	1712
4729.79 or 4731.055 of the Revised Code, unless the state board of	1713
pharmacy no longer maintains a drug database pursuant to section	1714
4729.75 of the Revised Code;	1715

(44) Failure to comply with the requirements of section	1716
2919.171 of the Revised Code or failure to submit to the	1717
department of health in accordance with a court order a complete	1718
report as described in section 2919.171 of the Revised Code;	1719

(45) Practicing at a facility that is subject to licensure as	1720
a category III terminal distributor of dangerous drugs with a pain	1721
management clinic classification unless the person operating the	1722
facility has obtained and maintains the license with the	1723
classification;	1724

(46) Owning a facility that is subject to licensure as a	1725
category III terminal distributor of dangerous drugs with a pain	1726
management clinic classification unless the facility is licensed	1727
with the classification;	1728

(47) Failure to comply with the requirement regarding	1729
maintaining notes described in division (B) of section 2919.191 of	1730
the Revised Code or failure to satisfy the requirements of section	1731
2919.191 of the Revised Code prior to performing or inducing an	1732
abortion upon a pregnant woman.	1733

(C) Disciplinary actions taken by the board under divisions	1734
(A) and (B) of this section shall be taken pursuant to an	1735
adjudication under Chapter 119. of the Revised Code, except that	1736
in lieu of an adjudication, the board may enter into a consent	1737
agreement with an individual to resolve an allegation of a	1738
violation of this chapter or any rule adopted under it. A consent	1739
agreement, when ratified by an affirmative vote of not fewer than	1740
six members of the board, shall constitute the findings and order	1741
of the board with respect to the matter addressed in the	1742
agreement. If the board refuses to ratify a consent agreement, the	1743
admissions and findings contained in the consent agreement shall	1744
be of no force or effect.	1745

A telephone conference call may be utilized for ratification	1746
of a consent agreement that revokes or suspends an individual's	1747
certificate to practice. The telephone conference call shall be	1748
considered a special meeting under division (F) of section 121.22	1749
of the Revised Code.	1750

If the board takes disciplinary action against an individual	1751
under division (B) of this section for a second or subsequent plea	1752
of guilty to, or judicial finding of guilt of, a violation of	1753
section 2919.123 of the Revised Code, the disciplinary action	1754
shall consist of a suspension of the individual's certificate to	1755
practice for a period of at least one year or, if determined	1756
appropriate by the board, a more serious sanction involving the	1757
individual's certificate to practice. Any consent agreement	1758
entered into under this division with an individual that pertains	1759
to a second or subsequent plea of guilty to, or judicial finding	1760
of guilt of, a violation of that section shall provide for a	1761
suspension of the individual's certificate to practice for a	1762
period of at least one year or, if determined appropriate by the	1763
board, a more serious sanction involving the individual's	1764
certificate to practice.	1765

(D) For purposes of divisions (B)(10), (12), and (14) of this	1766
section, the commission of the act may be established by a finding	1767
by the board, pursuant to an adjudication under Chapter 119. of	1768
the Revised Code, that the individual committed the act. The board	1769
does not have jurisdiction under those divisions if the trial	1770
court renders a final judgment in the individual's favor and that	1771
judgment is based upon an adjudication on the merits. The board	1772
has jurisdiction under those divisions if the trial court issues	1773
an order of dismissal upon technical or procedural grounds.	1774

(E) The sealing of conviction records by any court shall have	1775
no effect upon a prior board order entered under this section or	1776
upon the board's jurisdiction to take action under this section	1777
if, based upon a plea of guilty, a judicial finding of guilt, or a	1778
judicial finding of eligibility for intervention in lieu of	1779
conviction, the board issued a notice of opportunity for a hearing	1780
prior to the court's order to seal the records. The board shall	1781
not be required to seal, destroy, redact, or otherwise modify its	1782
records to reflect the court's sealing of conviction records.	1783

(F)(1) The board shall investigate evidence that appears to	1784
show that a person has violated any provision of this chapter or	1785
any rule adopted under it. Any person may report to the board in a	1786
signed writing any information that the person may have that	1787
appears to show a violation of any provision of this chapter or	1788
any rule adopted under it. In the absence of bad faith, any person	1789
who reports information of that nature or who testifies before the	1790
board in any adjudication conducted under Chapter 119. of the	1791
Revised Code shall not be liable in damages in a civil action as a	1792
result of the report or testimony. Each complaint or allegation of	1793
a violation received by the board shall be assigned a case number	1794
and shall be recorded by the board.	1795

(2) Investigations of alleged violations of this chapter or	1796
any rule adopted under it shall be supervised by the supervising	1797
member elected by the board in accordance with section 4731.02 of	1798
the Revised Code and by the secretary as provided in section	1799
4731.39 of the Revised Code. The president may designate another	1800
member of the board to supervise the investigation in place of the	1801
supervising member. No member of the board who supervises the	1802
investigation of a case shall participate in further adjudication	1803
of the case.	1804

(3) In investigating a possible violation of this chapter or	1805
any rule adopted under this chapter, or in conducting an	1806
inspection under division (E) of section 4731.054 of the Revised	1807
Code, the board may question witnesses, conduct interviews,	1808
administer oaths, order the taking of depositions, inspect and	1809
copy any books, accounts, papers, records, or documents, issue	1810
subpoenas, and compel the attendance of witnesses and production	1811
of books, accounts, papers, records, documents, and testimony,	1812
except that a subpoena for patient record information shall not be	1813
issued without consultation with the attorney general's office and	1814
approval of the secretary and supervising member of the board.	1815

(a) Before issuance of a subpoena for patient record	1816
information, the secretary and supervising member shall determine	1817
whether there is probable cause to believe that the complaint	1818
filed alleges a violation of this chapter or any rule adopted	1819
under it and that the records sought are relevant to the alleged	1820
violation and material to the investigation. The subpoena may	1821
apply only to records that cover a reasonable period of time	1822
surrounding the alleged violation.	1823

(b) On failure to comply with any subpoena issued by the	1824
board and after reasonable notice to the person being subpoenaed,	1825
the board may move for an order compelling the production of	1826
persons or records pursuant to the Rules of Civil Procedure.	1827

(c) A subpoena issued by the board may be served by a	1828
sheriff, the sheriff's deputy, or a board employee designated by	1829
the board. Service of a subpoena issued by the board may be made	1830
by delivering a copy of the subpoena to the person named therein,	1831
reading it to the person, or leaving it at the person's usual	1832
place of residence, usual place of business, or address on file	1833
with the board. When serving a subpoena to an applicant for or the	1834
holder of a certificate issued under this chapter, service of the	1835
subpoena may be made by certified mail, return receipt requested,	1836
and the subpoena shall be deemed served on the date delivery is	1837
made or the date the person refuses to accept delivery. If the	1838
person being served refuses to accept the subpoena or is not	1839
located, service may be made to an attorney who notifies the board	1840
that the attorney is representing the person.	1841

(d) A sheriff's deputy who serves a subpoena shall receive	1842
the same fees as a sheriff. Each witness who appears before the	1843
board in obedience to a subpoena shall receive the fees and	1844
mileage provided for under section 119.094 of the Revised Code.	1845

(4) All hearings, investigations, and inspections of the	1846
board shall be considered civil actions for the purposes of	1847
section 2305.252 of the Revised Code.	1848

(5) A report required to be submitted to the board under this	1849
chapter, a complaint, or information received by the board	1850
pursuant to an investigation or pursuant to an inspection under	1851
division (E) of section 4731.054 of the Revised Code is	1852
confidential and not subject to discovery in any civil action.	1853

The board shall conduct all investigations or inspections and	1854
proceedings in a manner that protects the confidentiality of	1855
patients and persons who file complaints with the board. The board	1856
shall not make public the names or any other identifying	1857
information about patients or complainants unless proper consent	1858
is given or, in the case of a patient, a waiver of the patient	1859
privilege exists under division (B) of section 2317.02 of the	1860
Revised Code, except that consent or a waiver of that nature is	1861
not required if the board possesses reliable and substantial	1862
evidence that no bona fide physician-patient relationship exists.	1863

The board may share any information it receives pursuant to	1864
an investigation or inspection, including patient records and	1865
patient record information, with law enforcement agencies, other	1866
licensing boards, and other governmental agencies that are	1867
prosecuting, adjudicating, or investigating alleged violations of	1868
statutes or administrative rules. An agency or board that receives	1869
the information shall comply with the same requirements regarding	1870
confidentiality as those with which the state medical board must	1871
comply, notwithstanding any conflicting provision of the Revised	1872
Code or procedure of the agency or board that applies when it is	1873
dealing with other information in its possession. In a judicial	1874
proceeding, the information may be admitted into evidence only in	1875
accordance with the Rules of Evidence, but the court shall require	1876
that appropriate measures are taken to ensure that confidentiality	1877
is maintained with respect to any part of the information that	1878
contains names or other identifying information about patients or	1879
complainants whose confidentiality was protected by the state	1880
medical board when the information was in the board's possession.	1881
Measures to ensure confidentiality that may be taken by the court	1882
include sealing its records or deleting specific information from	1883
its records.	1884

(6) On a quarterly basis, the board shall prepare a report	1885
that documents the disposition of all cases during the preceding	1886
three months. The report shall contain the following information	1887
for each case with which the board has completed its activities:	1888

(a) The case number assigned to the complaint or alleged	1889
violation;	1890

(b) The type of certificate to practice, if any, held by the	1891
individual against whom the complaint is directed;	1892

(c) A description of the allegations contained in the	1893
complaint;	1894

(d) The disposition of the case.

1895

The report shall state how many cases are still pending and	1896
shall be prepared in a manner that protects the identity of each	1897
person involved in each case. The report shall be a public record	1898
under section 149.43 of the Revised Code.	1899

(G) If the secretary and supervising member determine both of	1900
the following, they may recommend that the board suspend an	1901
individual's certificate to practice without a prior hearing:	1902

(1) That there is clear and convincing evidence that an	1903
individual has violated division (B) of this section;	1904

(2) That the individual's continued practice presents a	1905
danger of immediate and serious harm to the public.	1906

Written allegations shall be prepared for consideration by	1907
the board. The board, upon review of those allegations and by an	1908
affirmative vote of not fewer than six of its members, excluding	1909
the secretary and supervising member, may suspend a certificate	1910
without a prior hearing. A telephone conference call may be	1911
utilized for reviewing the allegations and taking the vote on the	1912
summary suspension.	1913

The board shall issue a written order of suspension by	1914
certified mail or in person in accordance with section 119.07 of	1915
the Revised Code. The order shall not be subject to suspension by	1916
the court during pendency of any appeal filed under section 119.12	1917
of the Revised Code. If the individual subject to the summary	1918
suspension requests an adjudicatory hearing by the board, the date	1919
set for the hearing shall be within fifteen days, but not earlier	1920
than seven days, after the individual requests the hearing, unless	1921
otherwise agreed to by both the board and the individual.	1922

Any summary suspension imposed under this division shall	1923
remain in effect, unless reversed on appeal, until a final	1924
adjudicative order issued by the board pursuant to this section	1925
and Chapter 119. of the Revised Code becomes effective. The board	1926
shall issue its final adjudicative order within seventy-five days	1927
after completion of its hearing. A failure to issue the order	1928
within seventy-five days shall result in dissolution of the	1929
summary suspension order but shall not invalidate any subsequent,	1930
final adjudicative order.	1931

(H) If the board takes action under division (B)(9), (11), or	1932
(13) of this section and the judicial finding of guilt, guilty	1933
plea, or judicial finding of eligibility for intervention in lieu	1934
of conviction is overturned on appeal, upon exhaustion of the	1935
criminal appeal, a petition for reconsideration of the order may	1936
be filed with the board along with appropriate court documents.	1937
Upon receipt of a petition of that nature and supporting court	1938
documents, the board shall reinstate the individual's certificate	1939
to practice. The board may then hold an adjudication under Chapter	1940
119. of the Revised Code to determine whether the individual	1941
committed the act in question. Notice of an opportunity for a	1942
hearing shall be given in accordance with Chapter 119. of the	1943
Revised Code. If the board finds, pursuant to an adjudication held	1944
under this division, that the individual committed the act or if	1945
no hearing is requested, the board may order any of the sanctions	1946
identified under division (B) of this section.	1947

(I) The certificate to practice issued to an individual under	1948
this chapter and the individual's practice in this state are	1949
automatically suspended as of the date of the individual's second	1950
or subsequent plea of guilty to, or judicial finding of guilt of,	1951
a violation of section 2919.123 of the Revised Code, or the date	1952
the individual pleads guilty to, is found by a judge or jury to be	1953
guilty of, or is subject to a judicial finding of eligibility for	1954
intervention in lieu of conviction in this state or treatment or	1955
intervention in lieu of conviction in another jurisdiction for any	1956
of the following criminal offenses in this state or a	1957
substantially equivalent criminal offense in another jurisdiction:	1958
aggravated murder, murder, voluntary manslaughter, felonious	1959
assault, kidnapping, rape, sexual battery, gross sexual	1960
imposition, aggravated arson, aggravated robbery, or aggravated	1961
burglary. Continued practice after suspension shall be considered	1962
practicing without a certificate.	1963

The board shall notify the individual subject to the	1964
suspension by certified mail or in person in accordance with	1965
section 119.07 of the Revised Code. If an individual whose	1966
certificate is automatically suspended under this division fails	1967
to make a timely request for an adjudication under Chapter 119. of	1968
the Revised Code, the board shall do whichever of the following is	1969
applicable:	1970

(1) If the automatic suspension under this division is for a	1971
second or subsequent plea of guilty to, or judicial finding of	1972
guilt of, a violation of section 2919.123 of the Revised Code, the	1973
board shall enter an order suspending the individual's certificate	1974
to practice for a period of at least one year or, if determined	1975
appropriate by the board, imposing a more serious sanction	1976
involving the individual's certificate to practice.	1977

(2) In all circumstances in which division (I)(1) of this	1978
section does not apply, enter a final order permanently revoking	1979
the individual's certificate to practice.	1980

(J) If the board is required by Chapter 119. of the Revised	1981
Code to give notice of an opportunity for a hearing and if the	1982
individual subject to the notice does not timely request a hearing	1983
in accordance with section 119.07 of the Revised Code, the board	1984
is not required to hold a hearing, but may adopt, by an	1985
affirmative vote of not fewer than six of its members, a final	1986
order that contains the board's findings. In that final order, the	1987
board may order any of the sanctions identified under division (A)	1988
or (B) of this section.	1989

(K) Any action taken by the board under division (B) of this	1990
section resulting in a suspension from practice shall be	1991
accompanied by a written statement of the conditions under which	1992
the individual's certificate to practice may be reinstated. The	1993
board shall adopt rules governing conditions to be imposed for	1994
reinstatement. Reinstatement of a certificate suspended pursuant	1995
to division (B) of this section requires an affirmative vote of	1996
not fewer than six members of the board.	1997

(L) When the board refuses to grant a certificate to an	1998
applicant, revokes an individual's certificate to practice,	1999
refuses to register an applicant, or refuses to reinstate an	2000
individual's certificate to practice, the board may specify that	2001
its action is permanent. An individual subject to a permanent	2002
action taken by the board is forever thereafter ineligible to hold	2003
a certificate to practice and the board shall not accept an	2004
application for reinstatement of the certificate or for issuance	2005
of a new certificate.	2006

(M) Notwithstanding any other provision of the Revised Code,	2007
all of the following apply:	2008

(1) The surrender of a certificate issued under this chapter	2009
shall not be effective unless or until accepted by the board. A	2010
telephone conference call may be utilized for acceptance of the	2011
surrender of an individual's certificate to practice. The	2012
telephone conference call shall be considered a special meeting	2013
under division (F) of section 121.22 of the Revised Code.	2014
Reinstatement of a certificate surrendered to the board requires	2015
an affirmative vote of not fewer than six members of the board.	2016

(2) An application for a certificate made under the	2017
provisions of this chapter may not be withdrawn without approval	2018
of the board.	2019

(3) Failure by an individual to renew a certificate of	2020
registration in accordance with this chapter shall not remove or	2021
limit the board's jurisdiction to take any disciplinary action	2022
under this section against the individual.	2023

(4) At the request of the board, a certificate holder shall	2024
immediately surrender to the board a certificate that the board	2025
has suspended, revoked, or permanently revoked.	2026

(N) Sanctions shall not be imposed under division (B)(28) of	2027
this section against any person who waives deductibles and	2028
copayments as follows:	2029

(1) In compliance with the health benefit plan that expressly	2030
allows such a practice. Waiver of the deductibles or copayments	2031
shall be made only with the full knowledge and consent of the plan	2032
purchaser, payer, and third-party administrator. Documentation of	2033
the consent shall be made available to the board upon request.	2034

(2) For professional services rendered to any other person	2035
authorized to practice pursuant to this chapter, to the extent	2036
allowed by this chapter and rules adopted by the board.	2037

(O) Under the board's investigative duties described in this	2038
section and subject to division (F) of this section, the board	2039
shall develop and implement a quality intervention program	2040
designed to improve through remedial education the clinical and	2041
communication skills of individuals authorized under this chapter	2042
to practice medicine and surgery, osteopathic medicine and	2043
surgery, and podiatric medicine and surgery. In developing and	2044
implementing the quality intervention program, the board may do	2045
all of the following:	2046

(1) Offer in appropriate cases as determined by the board an	2047
educational and assessment program pursuant to an investigation	2048
the board conducts under this section;	2049

(2) Select providers of educational and assessment services,	2050
including a quality intervention program panel of case reviewers;	2051

(3) Make referrals to educational and assessment service	2052
providers and approve individual educational programs recommended	2053
by those providers. The board shall monitor the progress of each	2054
individual undertaking a recommended individual educational	2055
program.	2056

(4) Determine what constitutes successful completion of an	2057
individual educational program and require further monitoring of	2058
the individual who completed the program or other action that the	2059
board determines to be appropriate;	2060

(5) Adopt rules in accordance with Chapter 119. of the	2061
Revised Code to further implement the quality intervention	2062
program.	2063

An individual who participates in an individual educational	2064
program pursuant to this division shall pay the financial	2065
obligations arising from that educational program.	2066

Section 2.  That existing sections 4715.30, 4715.302,	2067
4723.28, 4723.487, 4725.092, 4725.19, 4729.16, 4729.80, 4730.25,	2068
4730.53, 4731.055, and 4731.22 of the Revised Code are hereby	2069
repealed.	2070

Section 3.  Section 4723.487 of the Revised Code is presented	2071
in this act as a composite of the section as amended by both Sub.	2072
H.B. 303 and Sub. S.B. 301 of the 129th General Assembly. The	2073
General Assembly, applying the principle stated in division (B) of	2074
section 1.52 of the Revised Code that amendments are to be	2075
harmonized if reasonably capable of simultaneous operation, finds	2076
that the composite is the resulting version of the section in	2077
effect prior to the effective date of the section as presented in	2078
this act.	2079