Section 1. That sections 4715.14, 4715.30, 4715.302, | 10 |
4723.28, 4723.486, 4723.487, 4725.092, 4725.16, 4725.19, 4729.12, | 11 |
4729.80, 4729.86, 4730.25, 4730.48, 4730.53, 4731.055, 4731.22, | 12 |
and 4731.281 be amended and sections 4121.443 and 4729.861 of the | 13 |
Revised Code be enacted to read as follows: | 14 |
Sec. 4715.14. (A)(1) Each person who is licensed to practice | 25 |
dentistry in Ohio shall, on or before the first day of January of | 26 |
each even-numbered year, register with the state dental board. The | 27 |
registration shall be made on a form prescribed by the board and | 28 |
furnished by the secretary, shall include the licensee's name, | 29 |
address, license number, and such other reasonable information as | 30 |
the board may consider necessary, and shall include payment of a | 31 |
biennial registration fee of two hundred forty-five dollars. | 32 |
Except as provided in division (E) of this section, this fee shall | 33 |
be paid to the treasurer of state. Subject to division (C) of this | 34 |
section, a registration shall be in effect for the two-year period | 35 |
beginning on the first day of January of the even-numbered year | 36 |
and ending on the last day of December of the following | 37 |
odd-numbered year, and shall be renewed in accordance with the | 38 |
standard renewal procedure of sections 4745.01 to 4745.03 of the | 39 |
Revised Code. | 40 |
(2)(a) Except as provided in division (A)(2)(b) of this | 41 |
section, with respect to a licensee who prescribes or personally | 42 |
furnishes opioid analgesics or benzodiazepines as part of the | 43 |
licensee's regular practice of dentistry, the registration shall | 44 |
also include evidence that the licensee has been granted access to | 45 |
the drug database established and maintained by the state board of | 46 |
pharmacy pursuant to section 4729.75 of the Revised Code. | 47 |
(8) Selling, prescribing, giving away, or administering drugs | 123 |
for other than legal and legitimate therapeutic purposes, or | 124 |
conviction of, a plea of guilty to, a judicial finding of guilt | 125 |
of, a judicial finding of guilt resulting from a plea of no | 126 |
contest to, or a judicial finding of eligibility for intervention | 127 |
in lieu of conviction for, a violation of any federal or state law | 128 |
regulating the possession, distribution, or use of any drug; | 129 |
(9) Providing or allowing dental hygienists, expanded | 130 |
function dental auxiliaries, or other practitioners of auxiliary | 131 |
dental occupations working under the certificate or license | 132 |
holder's supervision, or a dentist holding a temporary limited | 133 |
continuing education license under division (C) of section 4715.16 | 134 |
of the Revised Code working under the certificate or license | 135 |
holder's direct supervision, to provide dental care that departs | 136 |
from or fails to conform to accepted standards for the profession, | 137 |
whether or not injury to a patient results; | 138 |
(15) Any of the following actions taken by an agency | 165 |
responsible for authorizing, certifying, or regulating an | 166 |
individual to practice a health care occupation or provide health | 167 |
care services in this state or another jurisdiction, for any | 168 |
reason other than the nonpayment of fees: the limitation, | 169 |
revocation, or suspension of an individual's license to practice; | 170 |
acceptance of an individual's license surrender; denial of a | 171 |
license; refusal to renew or reinstate a license; imposition of | 172 |
probation; or issuance of an order of censure or other reprimand; | 173 |
(16) Failure to cooperate in an investigation conducted by | 174 |
the board under division (D) of section 4715.03 of the Revised | 175 |
Code, including failure to comply with a subpoena or order issued | 176 |
by the board or failure to answer truthfully a question presented | 177 |
by the board at a deposition or in written interrogatories, except | 178 |
that failure to cooperate with an investigation shall not | 179 |
constitute grounds for discipline under this section if a court of | 180 |
competent jurisdiction has issued an order that either quashes a | 181 |
subpoena or permits the individual to withhold the testimony or | 182 |
evidence in issue. | 183 |
(B) A manager, proprietor, operator, or conductor of a dental | 184 |
facility shall be subject to disciplinary action if any dentist, | 185 |
dental hygienist, expanded function dental auxiliary, or qualified | 186 |
personnel providing services in the facility is found to have | 187 |
committed a violation listed in division (A) of this section and | 188 |
the manager, proprietor, operator, or conductor knew of the | 189 |
violation and permitted it to occur on a recurring basis. | 190 |
(D) If the physical or mental condition of an applicant or a | 220 |
license or certificate holder is at issue in a disciplinary | 221 |
proceeding, the board may order the license or certificate holder | 222 |
to submit to reasonable examinations by an individual designated | 223 |
or approved by the board and at the board's expense. The physical | 224 |
examination may be conducted by any individual authorized by the | 225 |
Revised Code to do so, including a physician assistant, a clinical | 226 |
nurse specialist, a certified nurse practitioner, or a certified | 227 |
nurse-midwife. Any written documentation of the physical | 228 |
examination shall be completed by the individual who conducted the | 229 |
examination. | 230 |
(E) If a license or certificate holder has failed to comply | 235 |
with an order under division (D) of this section, the board may | 236 |
apply to the court of common pleas of the county in which the | 237 |
holder resides for an order temporarily suspending the holder's | 238 |
license or certificate, without a prior hearing being afforded by | 239 |
the board, until the board conducts an adjudication hearing | 240 |
pursuant to Chapter 119. of the Revised Code. If the court | 241 |
temporarily suspends a holder's license or certificate, the board | 242 |
shall give written notice of the suspension personally or by | 243 |
certified mail to the license or certificate holder. Such notice | 244 |
shall inform the license or certificate holder of the right to a | 245 |
hearing pursuant to Chapter 119. of the Revised Code. | 246 |
(F) Any holder of a certificate or license issued under this | 247 |
chapter who has pleaded guilty to, has been convicted of, or has | 248 |
had a judicial finding of eligibility for intervention in lieu of | 249 |
conviction entered against the holder in this state for aggravated | 250 |
murder, murder, voluntary manslaughter, felonious assault, | 251 |
kidnapping, rape, sexual battery, gross sexual imposition, | 252 |
aggravated arson, aggravated robbery, or aggravated burglary, or | 253 |
who has pleaded guilty to, has been convicted of, or has had a | 254 |
judicial finding of eligibility for treatment or intervention in | 255 |
lieu of conviction entered against the holder in another | 256 |
jurisdiction for any substantially equivalent criminal offense, is | 257 |
automatically suspended from practice under this chapter in this | 258 |
state and any certificate or license issued to the holder under | 259 |
this chapter is automatically suspended, as of the date of the | 260 |
guilty plea, conviction, or judicial finding, whether the | 261 |
proceedings are brought in this state or another jurisdiction. | 262 |
Continued practice by an individual after the suspension of the | 263 |
individual's certificate or license under this division shall be | 264 |
considered practicing without a certificate or license. The board | 265 |
shall notify the suspended individual of the suspension of the | 266 |
individual's certificate or license under this division by | 267 |
certified mail or in person in accordance with section 119.07 of | 268 |
the Revised Code. If an individual whose certificate or license is | 269 |
suspended under this division fails to make a timely request for | 270 |
an adjudicatory hearing, the board shall enter a final order | 271 |
revoking the individual's certificate or license. | 272 |
Written allegations shall be prepared for consideration by | 280 |
the board. The board, upon review of those allegations and by an | 281 |
affirmative vote of not fewer than four dentist members of the | 282 |
board and seven of its members in total, excluding any member on | 283 |
the supervisory investigative panel, may suspend a certificate or | 284 |
license without a prior hearing. A telephone conference call may | 285 |
be utilized for reviewing the allegations and taking the vote on | 286 |
the summary suspension. | 287 |
The board shall issue a written order of suspension by | 288 |
certified mail or in person in accordance with section 119.07 of | 289 |
the Revised Code. The order shall not be subject to suspension by | 290 |
the court during pendency or any appeal filed under section 119.12 | 291 |
of the Revised Code. If the individual subject to the summary | 292 |
suspension requests an adjudicatory hearing by the board, the date | 293 |
set for the hearing shall be within fifteen days, but not earlier | 294 |
than seven days, after the individual requests the hearing, unless | 295 |
otherwise agreed to by both the board and the individual. | 296 |
Any summary suspension imposed under this division shall | 297 |
remain in effect, unless reversed on appeal, until a final | 298 |
adjudicative order issued by the board pursuant to this section | 299 |
and Chapter 119. of the Revised Code becomes effective. The board | 300 |
shall issue its final adjudicative order within seventy-five days | 301 |
after completion of its hearing. A failure to issue the order | 302 |
within seventy-five days shall result in dissolution of the | 303 |
summary suspension order but shall not invalidate any subsequent, | 304 |
final adjudicative order. | 305 |
(J) The board may share any information it receives pursuant | 324 |
to an investigation under division (D) of section 4715.03 of the | 325 |
Revised Code, including patient records and patient record | 326 |
information, with law enforcement agencies, other licensing | 327 |
boards, and other governmental agencies that are prosecuting, | 328 |
adjudicating, or investigating alleged violations of statutes or | 329 |
administrative rules. An agency or board that receives the | 330 |
information shall comply with the same requirements regarding | 331 |
confidentiality as those with which the state dental board must | 332 |
comply, notwithstanding any conflicting provision of the Revised | 333 |
Code or procedure of the agency or board that applies when it is | 334 |
dealing with other information in its possession. In a judicial | 335 |
proceeding, the information may be admitted into evidence only in | 336 |
accordance with the Rules of Evidence, but the court shall require | 337 |
that appropriate measures are taken to ensure that confidentiality | 338 |
is maintained with respect to any part of the information that | 339 |
contains names or other identifying information about patients or | 340 |
complainants whose confidentiality was protected by the state | 341 |
dental board when the information was in the board's possession. | 342 |
Measures to ensure confidentiality that may be taken by the court | 343 |
include sealing its records or deleting specific information from | 344 |
its records. | 345 |
(1) Before initially prescribing or furnishing the drug, the | 355 |
dentist or the dentist's delegate shall request from the drug | 356 |
database a report of information related to the patient that | 357 |
covers at least the twelve months immediately preceding the date | 358 |
of the request. If the dentist practices primarily in a county of | 359 |
this state that adjoins another state, the dentist or delegate | 360 |
also shall request a report of any information available in the | 361 |
drug database that pertains to prescriptions issued or drugs | 362 |
furnished to the patient in the state adjoining that county. | 363 |
(2) If the patient's course of treatment for the condition | 364 |
continues for more than ninety days after the initial report is | 365 |
requested, the dentist or delegate shall make periodic requests | 366 |
for reports of information from the drug database until the course | 367 |
of treatment has ended. The requests shall be made at intervals | 368 |
not exceeding ninety days, determined according to the date the | 369 |
initial request was made. The request shall be made in the same | 370 |
manner provided in division (B)(1) of this section for requesting | 371 |
the initial report of information from the drug database. | 372 |
(D) With respect to prescribing or personally furnishing any | 384 |
drug that is not an opioid analgesic or a benzodiazepine but is | 385 |
included in the drug database pursuant to rules adopted under | 386 |
section 4729.84 of the Revised Code, the state dental board shall | 387 |
adopt rules in accordance with Chapter 119. of the Revised Code | 388 |
that establish standards and procedures to be followed by a | 389 |
dentist regarding the review of patient information available | 390 |
through the drug database under division (A)(5) of section 4729.80 | 391 |
of the Revised Code. The rules shall be adopted in accordance with | 392 |
Chapter 119. of the Revised Code. | 393 |
Sec. 4723.28. (A) The board of nursing, by a vote of a | 397 |
quorum, may impose one or more of the following sanctions if it | 398 |
finds that a person committed fraud in passing an examination | 399 |
required to obtain a license, certificate of authority, or | 400 |
dialysis technician certificate issued by the board or to have | 401 |
committed fraud, misrepresentation, or deception in applying for | 402 |
or securing any nursing license, certificate of authority, or | 403 |
dialysis technician certificate issued by the board: deny, revoke, | 404 |
suspend, or place restrictions on any nursing license, certificate | 405 |
of authority, or dialysis technician certificate issued by the | 406 |
board; reprimand or otherwise discipline a holder of a nursing | 407 |
license, certificate of authority, or dialysis technician | 408 |
certificate; or impose a fine of not more than five hundred | 409 |
dollars per violation. | 410 |
(B) The board of nursing, by a vote of a quorum, may impose | 411 |
one or more of the following sanctions: deny, revoke, suspend, or | 412 |
place restrictions on any nursing license, certificate of | 413 |
authority, or dialysis technician certificate issued by the board; | 414 |
reprimand or otherwise discipline a holder of a nursing license, | 415 |
certificate of authority, or dialysis technician certificate; or | 416 |
impose a fine of not more than five hundred dollars per violation. | 417 |
The sanctions may be imposed for any of the following: | 418 |
(4) Conviction of, a plea of guilty to, a judicial finding of | 434 |
guilt of, a judicial finding of guilt resulting from a plea of no | 435 |
contest to, or a judicial finding of eligibility for a pretrial | 436 |
diversion or similar program or for intervention in lieu of | 437 |
conviction for, any felony or of any crime involving gross | 438 |
immorality or moral turpitude; | 439 |
(5) Selling, giving away, or administering drugs or | 440 |
therapeutic devices for other than legal and legitimate | 441 |
therapeutic purposes; or conviction of, a plea of guilty to, a | 442 |
judicial finding of guilt of, a judicial finding of guilt | 443 |
resulting from a plea of no contest to, or a judicial finding of | 444 |
eligibility for a pretrial diversion or similar program or for | 445 |
intervention in lieu of conviction for, violating any municipal, | 446 |
state, county, or federal drug law; | 447 |
(6) Conviction of, a plea of guilty to, a judicial finding of | 448 |
guilt of, a judicial finding of guilt resulting from a plea of no | 449 |
contest to, or a judicial finding of eligibility for a pretrial | 450 |
diversion or similar program or for intervention in lieu of | 451 |
conviction for, an act in another jurisdiction that would | 452 |
constitute a felony or a crime of moral turpitude in Ohio; | 453 |
(7) Conviction of, a plea of guilty to, a judicial finding of | 454 |
guilt of, a judicial finding of guilt resulting from a plea of no | 455 |
contest to, or a judicial finding of eligibility for a pretrial | 456 |
diversion or similar program or for intervention in lieu of | 457 |
conviction for, an act in the course of practice in another | 458 |
jurisdiction that would constitute a misdemeanor in Ohio; | 459 |
(C) Disciplinary actions taken by the board under divisions | 567 |
(A) and (B) of this section shall be taken pursuant to an | 568 |
adjudication conducted under Chapter 119. of the Revised Code, | 569 |
except that in lieu of a hearing, the board may enter into a | 570 |
consent agreement with an individual to resolve an allegation of a | 571 |
violation of this chapter or any rule adopted under it. A consent | 572 |
agreement, when ratified by a vote of a quorum, shall constitute | 573 |
the findings and order of the board with respect to the matter | 574 |
addressed in the agreement. If the board refuses to ratify a | 575 |
consent agreement, the admissions and findings contained in the | 576 |
agreement shall be of no effect. | 577 |
In any instance in which the board is required under Chapter | 583 |
119. of the Revised Code to give notice of an opportunity for a | 584 |
hearing and the applicant, licensee, or certificate holder does | 585 |
not make a timely request for a hearing in accordance with section | 586 |
119.07 of the Revised Code, the board is not required to hold a | 587 |
hearing, but may adopt, by a vote of a quorum, a final order that | 588 |
contains the board's findings. In the final order, the board may | 589 |
order any of the sanctions listed in division (A) or (B) of this | 590 |
section. | 591 |
(E) If a criminal action is brought against a registered | 592 |
nurse, licensed practical nurse, or dialysis technician for an act | 593 |
or crime described in divisions (B)(3) to (7) of this section and | 594 |
the action is dismissed by the trial court other than on the | 595 |
merits, the board shall conduct an adjudication to determine | 596 |
whether the registered nurse, licensed practical nurse, or | 597 |
dialysis technician committed the act on which the action was | 598 |
based. If the board determines on the basis of the adjudication | 599 |
that the registered nurse, licensed practical nurse, or dialysis | 600 |
technician committed the act, or if the registered nurse, licensed | 601 |
practical nurse, or dialysis technician fails to participate in | 602 |
the adjudication, the board may take action as though the | 603 |
registered nurse, licensed practical nurse, or dialysis technician | 604 |
had been convicted of the act. | 605 |
If the board takes action on the basis of a conviction, plea, | 606 |
or a judicial finding as described in divisions (B)(3) to (7) of | 607 |
this section that is overturned on appeal, the registered nurse, | 608 |
licensed practical nurse, or dialysis technician may, on | 609 |
exhaustion of the appeal process, petition the board for | 610 |
reconsideration of its action. On receipt of the petition and | 611 |
supporting court documents, the board shall temporarily rescind | 612 |
its action. If the board determines that the decision on appeal | 613 |
was a decision on the merits, it shall permanently rescind its | 614 |
action. If the board determines that the decision on appeal was | 615 |
not a decision on the merits, it shall conduct an adjudication to | 616 |
determine whether the registered nurse, licensed practical nurse, | 617 |
or dialysis technician committed the act on which the original | 618 |
conviction, plea, or judicial finding was based. If the board | 619 |
determines on the basis of the adjudication that the registered | 620 |
nurse, licensed practical nurse, or dialysis technician committed | 621 |
such act, or if the registered nurse, licensed practical nurse, or | 622 |
dialysis technician does not request an adjudication, the board | 623 |
shall reinstate its action; otherwise, the board shall permanently | 624 |
rescind its action. | 625 |
Notwithstanding the provision of division (C)(2) of section | 626 |
2953.32 of the Revised Code specifying that if records pertaining | 627 |
to a criminal case are sealed under that section the proceedings | 628 |
in the case shall be deemed not to have occurred, sealing of the | 629 |
following records on which the board has based an action under | 630 |
this section shall have no effect on the board's action or any | 631 |
sanction imposed by the board under this section: records of any | 632 |
conviction, guilty plea, judicial finding of guilt resulting from | 633 |
a plea of no contest, or a judicial finding of eligibility for a | 634 |
pretrial diversion program or intervention in lieu of conviction. | 635 |
(F) The board may investigate an individual's criminal | 639 |
background in performing its duties under this section. As part of | 640 |
such investigation, the board may order the individual to submit, | 641 |
at the individual's expense, a request to the bureau of criminal | 642 |
identification and investigation for a criminal records check and | 643 |
check of federal bureau of investigation records in accordance | 644 |
with the procedure described in section 4723.091 of the Revised | 645 |
Code. | 646 |
(G) During the course of an investigation conducted under | 647 |
this section, the board may compel any registered nurse, licensed | 648 |
practical nurse, or dialysis technician or applicant under this | 649 |
chapter to submit to a mental or physical examination, or both, as | 650 |
required by the board and at the expense of the individual, if the | 651 |
board finds reason to believe that the individual under | 652 |
investigation may have a physical or mental impairment that may | 653 |
affect the individual's ability to provide safe nursing care. | 654 |
Failure of any individual to submit to a mental or physical | 655 |
examination when directed constitutes an admission of the | 656 |
allegations, unless the failure is due to circumstances beyond the | 657 |
individual's control, and a default and final order may be entered | 658 |
without the taking of testimony or presentation of evidence. | 659 |
If the board finds that an individual is impaired, the board | 660 |
shall require the individual to submit to care, counseling, or | 661 |
treatment approved or designated by the board, as a condition for | 662 |
initial, continued, reinstated, or renewed authority to practice. | 663 |
The individual shall be afforded an opportunity to demonstrate to | 664 |
the board that the individual can begin or resume the individual's | 665 |
occupation in compliance with acceptable and prevailing standards | 666 |
of care under the provisions of the individual's authority to | 667 |
practice. | 668 |
For purposes of this division, any registered nurse, licensed | 669 |
practical nurse, or dialysis technician or applicant under this | 670 |
chapter shall be deemed to have given consent to submit to a | 671 |
mental or physical examination when directed to do so in writing | 672 |
by the board, and to have waived all objections to the | 673 |
admissibility of testimony or examination reports that constitute | 674 |
a privileged communication. | 675 |
(H) The board shall investigate evidence that appears to show | 676 |
that any person has violated any provision of this chapter or any | 677 |
rule of the board. Any person may report to the board any | 678 |
information the person may have that appears to show a violation | 679 |
of any provision of this chapter or rule of the board. In the | 680 |
absence of bad faith, any person who reports such information or | 681 |
who testifies before the board in any adjudication conducted under | 682 |
Chapter 119. of the Revised Code shall not be liable for civil | 683 |
damages as a result of the report or testimony. | 684 |
(1) Information received by the board pursuant to a complaint | 687 |
or an investigation is confidential and not subject to discovery | 688 |
in any civil action, except that the board may disclose | 689 |
information to law enforcement officers and government entities | 690 |
for purposes of an investigation of either a licensed health care | 691 |
professional, including a registered nurse, licensed practical | 692 |
nurse, or dialysis technician, or a person who may have engaged in | 693 |
the unauthorized practice of nursing or dialysis care. No law | 694 |
enforcement officer or government entity with knowledge of any | 695 |
information disclosed by the board pursuant to this division shall | 696 |
divulge the information to any other person or government entity | 697 |
except for the purpose of a government investigation, a | 698 |
prosecution, or an adjudication by a court or government entity. | 699 |
(4) Any board activity that involves continued monitoring of | 706 |
an individual as part of or following any disciplinary action | 707 |
taken under this section shall be conducted in a manner that | 708 |
maintains the individual's confidentiality. Information received | 709 |
or maintained by the board with respect to the board's monitoring | 710 |
activities is not subject to discovery in any civil action and is | 711 |
confidential, except that the board may disclose information to | 712 |
law enforcement officers and government entities for purposes of | 713 |
an investigation of a licensee or certificate holder. | 714 |
(K) When the board refuses to grant a license or certificate | 719 |
to an applicant, revokes a license or certificate, or refuses to | 720 |
reinstate a license or certificate, the board may specify that its | 721 |
action is permanent. An individual subject to permanent action | 722 |
taken by the board is forever ineligible to hold a license or | 723 |
certificate of the type that was refused or revoked and the board | 724 |
shall not accept from the individual an application for | 725 |
reinstatement of the license or certificate or for a new license | 726 |
or certificate. | 727 |
(L) No unilateral surrender of a nursing license, certificate | 728 |
of authority, or dialysis technician certificate issued under this | 729 |
chapter shall be effective unless accepted by majority vote of the | 730 |
board. No application for a nursing license, certificate of | 731 |
authority, or dialysis technician certificate issued under this | 732 |
chapter may be withdrawn without a majority vote of the board. The | 733 |
board's jurisdiction to take disciplinary action under this | 734 |
section is not removed or limited when an individual has a license | 735 |
or certificate classified as inactive or fails to renew a license | 736 |
or certificate. | 737 |
Sec. 4723.486. (A) A certificate to prescribe issued under | 749 |
section 4723.48 of the Revised Code that is not issued as an | 750 |
externship certificate is valid for two years, unless otherwise | 751 |
provided in rules adopted under section 4723.50 of the Revised | 752 |
Code or earlier suspended or revoked by the board. The board of | 753 |
nursing shall renew certificates to prescribe according to | 754 |
procedures and a renewal schedule established in rules adopted | 755 |
under section 4723.50 of the Revised Code. | 756 |
(C)(1) Except as provided in division (C)(2) of this section, | 769 |
with respect to a certificate holder who prescribes opioid | 770 |
analgesics or benzodiazepines as part of the holder's regular | 771 |
practice of nursing, the holder shall also submit to the board | 772 |
evidence of having been granted access to the drug database | 773 |
established and maintained by the state board of pharmacy pursuant | 774 |
to section 4729.75 of the Revised Code. | 775 |
(1) Before initially prescribing the drug, the nurse or the | 799 |
nurse's delegate shall request from the drug database a report of | 800 |
information related to the patient that covers at least the twelve | 801 |
months immediately preceding the date of the request. If the nurse | 802 |
practices primarily in a county of this state that adjoins another | 803 |
state, the nurse or delegate also shall request a report of any | 804 |
information available in the drug database that pertains to | 805 |
prescriptions issued or drugs furnished to the patient in the | 806 |
state adjoining that county. | 807 |
(2) If the patient's course of treatment for the condition | 808 |
continues for more than ninety days after the initial report is | 809 |
requested, the nurse or delegate shall make periodic requests for | 810 |
reports of information from the drug database until the course of | 811 |
treatment has ended. The requests shall be made at intervals not | 812 |
exceeding ninety days, determined according to the date the | 813 |
initial request was made. The request shall be made in the same | 814 |
manner provided in division (B)(1) of this section for requesting | 815 |
the initial report of information from the drug database. | 816 |
(D) With respect to prescribing any drug that is not an | 835 |
opioid analgesic or a benzodiazepine but is included in the drug | 836 |
database pursuant to rules adopted under section 4729.84 of the | 837 |
Revised Code, the board of nursing shall adopt rules in accordance | 838 |
with Chapter 119. of the Revised Code that establish standards and | 839 |
procedures to be followed by an advanced practice registered nurse | 840 |
with a certificate to prescribe issued under section 4723.48 of | 841 |
the Revised Code regarding the review of patient information | 842 |
available through the drug database under division (A)(5) of | 843 |
section 4729.80 of the Revised Code. The rules shall be adopted in | 844 |
accordance with Chapter 119. of the Revised Code. | 845 |
(B) TheExcept as provided in divisions (C) and (E) of this | 852 |
section, an optometrist holding a therapeutic pharmaceutical | 853 |
agents certificate shall comply with all of the following as | 854 |
conditions of prescribing a drug that is either an opioid | 855 |
analgesic or a benzodiazepine, or personally furnishing a complete | 856 |
or partial supply of such a drug, as part of a patient's course of | 857 |
treatment for a particular condition: | 858 |
(1) Before initially prescribing or furnishing the drug, the | 859 |
optometrist or the optometrist's delegate shall request from the | 860 |
drug database a report of information related to the patient that | 861 |
covers at least the twelve months immediately preceding the date | 862 |
of the request. If the optometrist practices primarily in a county | 863 |
of this state that adjoins another state, the optometrist or | 864 |
delegate also shall request a report of any information available | 865 |
in the drug database that pertains to prescriptions issued or | 866 |
drugs furnished to the patient in the state adjoining that county. | 867 |
(2) If the patient's course of treatment for the condition | 868 |
continues for more than ninety days after the initial report is | 869 |
requested, the optometrist or delegate shall make periodic | 870 |
requests for reports of information from the drug database until | 871 |
the course of treatment has ended. The requests shall be made at | 872 |
intervals not exceeding ninety days, determined according to the | 873 |
date the initial request was made. The request shall be made in | 874 |
the same manner provided in division (B)(1) of this section for | 875 |
requesting the initial report of information from the drug | 876 |
database. | 877 |
(D) With respect to prescribing or personally furnishing any | 889 |
drug that is not an opioid analgesic or a benzodiazepine but is | 890 |
included in the drug database pursuant to rules adopted under | 891 |
section 4729.84 of the Revised Code, the state board of optometry | 892 |
shall adopt rules in accordance with Chapter 119. of the Revised | 893 |
Code that establish standards and procedures to be followed by an | 894 |
optometrist who holds a therapeutic pharmaceutical agents | 895 |
certificate regarding the review of patient information available | 896 |
through the drug database under division (A)(5) of section 4729.80 | 897 |
of the Revised Code. The rules shall be adopted in accordance with | 898 |
Chapter 119. of the Revised Code. | 899 |
(3)(a) Except as provided in division (A)(3)(b) of this | 914 |
section, in the case of an optometrist who holds a topical ocular | 915 |
pharmaceutical agents certificate and who prescribes or personally | 916 |
furnishes opioid analgesics or benzodiazepines as part of the | 917 |
holder's regular practice of optometry, the application shall also | 918 |
include evidence that the optometrist has been granted access to | 919 |
the drug database established and maintained by the state board of | 920 |
pharmacy pursuant to section 4729.75 of the Revised Code. | 921 |
(B) All licensed optometrists shall annually complete | 930 |
continuing education in subjects relating to the practice of | 931 |
optometry, to the end that the utilization and application of new | 932 |
techniques, scientific and clinical advances, and the achievements | 933 |
of research will assure comprehensive care to the public. The | 934 |
board shall prescribe by rule the continuing optometric education | 935 |
that licensed optometrists must complete. The length of study | 936 |
shall be twenty-five clock hours each year, including ten clock | 937 |
hours of instruction in pharmacology to be completed by all | 938 |
licensed optometrists. | 939 |
Unless the continuing education required under this division | 940 |
is waived or deferred under division (D) of this section, the | 941 |
continuing education must be completed during the twelve-month | 942 |
period beginning on the first day of October and ending on the | 943 |
last day of September. If the board receives notice from a | 944 |
continuing education program indicating that an optometrist | 945 |
completed the program after the last day of September, and the | 946 |
optometrist wants to use the continuing education completed after | 947 |
that day to renew the license that expires on the last day of | 948 |
December of that year, the optometrist shall pay the penalty | 949 |
specified under section 4725.34 of the Revised Code for late | 950 |
completion of continuing education. | 951 |
At least once annually, the board shall post on its web site | 952 |
and shall mail, or send by electronic mail, to each licensed | 953 |
optometrist a list of courses approved in accordance with | 954 |
standards prescribed by board rule. Upon the request of a licensed | 955 |
optometrist, the executive director of the board shall supply a | 956 |
list of additional courses that the board has approved subsequent | 957 |
to the most recent web site posting, electronic mail transmission, | 958 |
or mailing of the list of approved courses. | 959 |
(C)(1) Annually, not later than the first day of November, | 960 |
the board shall mail or send by electronic mail a notice regarding | 961 |
license renewal to each licensed optometrist who may be eligible | 962 |
for renewal. The notice shall be sent to the optometrist's most | 963 |
recent electronic mail or mailing address shown in the board's | 964 |
records. If the board knows that the optometrist has completed the | 965 |
required continuing optometric education for the year, the board | 966 |
may include with the notice an application for license renewal. | 967 |
(2) Filing a license renewal application with the board shall | 968 |
serve as notice by the optometrist that the continuing optometric | 969 |
education requirement has been successfully completed. If the | 970 |
board finds that an optometrist has not completed the required | 971 |
continuing optometric education, the board shall disapprove the | 972 |
optometrist's application. The board's disapproval of renewal is | 973 |
effective without a hearing, unless a hearing is requested | 974 |
pursuant to Chapter 119. of the Revised Code. | 975 |
(D) In cases of certified illness or undue hardship, the | 984 |
board may waive or defer for up to twelve months the requirement | 985 |
of continuing optometric education, except that in such cases the | 986 |
board may not waive or defer the continuing education in | 987 |
pharmacology required to be completed by optometrists who hold | 988 |
topical ocular pharmaceutical agents certificates or therapeutic | 989 |
pharmaceutical agents certificates. The board shall waive the | 990 |
requirement of continuing optometric education for any optometrist | 991 |
who is serving on active duty in the armed forces of the United | 992 |
States or a reserve component of the armed forces of the United | 993 |
States, including the Ohio national guard or the national guard of | 994 |
any other state or who has received an initial certificate of | 995 |
licensure during the nine-month period which ended on the last day | 996 |
of September. | 997 |
(E) An optometrist whose renewal application has been | 998 |
approved may renew each certificate held by paying to the | 999 |
treasurer of state the fees for renewal specified under section | 1000 |
4725.34 of the Revised Code. On payment of all applicable fees, | 1001 |
the board shall issue a renewal of the optometrist's certificate | 1002 |
of licensure, topical ocular pharmaceutical agents certificate, | 1003 |
and therapeutic pharmaceutical agents certificate, as appropriate. | 1004 |
(F) Not later than the fifteenth day of December, the board | 1005 |
shall mail or send by electronic mail a second notice regarding | 1006 |
license renewal to each licensed optometrist who may be eligible | 1007 |
for renewal but did not respond to the notice sent under division | 1008 |
(C)(1) of this section. The notice shall be sent to the | 1009 |
optometrist's most recent electronic mail or mailing address shown | 1010 |
in the board's records. If an optometrist fails to file a renewal | 1011 |
application after the second notice is sent, the board shall send | 1012 |
a third notice regarding license renewal prior to any action under | 1013 |
division (I) of this section to classify the optometrist's | 1014 |
certificates as delinquent. | 1015 |
Sec. 4725.19. (A) In accordance with Chapter 119. of the | 1055 |
Revised Code and by an affirmative vote of a majority of its | 1056 |
members, the state board of optometry, for any of the reasons | 1057 |
specified in division (B) of this section, shall refuse to grant a | 1058 |
certificate of licensure to an applicant and may, with respect to | 1059 |
a licensed optometrist, do one or more of the following: | 1060 |
A pharmacist or pharmacy intern who desires to continue in | 1175 |
the practice of pharmacy shall file with the board an application | 1176 |
in such form and containing such data as the board may require for | 1177 |
renewal of an identification card. An application filed under this | 1178 |
section may not be withdrawn without the approval of the board. If | 1179 |
the board finds that the applicant's card has not been revoked or | 1180 |
placed under suspension and that the applicant has paid the | 1181 |
renewal fee, has continued pharmacy education in accordance with | 1182 |
the rules of the board, has been granted access to the drug | 1183 |
database established and maintained by the board pursuant to | 1184 |
section 4729.75 of the Revised Code (unless the board has | 1185 |
restricted the applicant from obtaining any further information | 1186 |
from the database or the board no longer maintains the database), | 1187 |
and is entitled to continue in the practice of pharmacy, the board | 1188 |
shall issue a renewal identification card to the applicant. | 1189 |
(1) On receipt of a request from a designated representative | 1200 |
of a government entity responsible for the licensure, regulation, | 1201 |
or discipline of health care professionals with authority to | 1202 |
prescribe, administer, or dispense drugs, the board may provide to | 1203 |
the representative information from the database relating to the | 1204 |
professional who is the subject of an active investigation being | 1205 |
conducted by the government entity. | 1206 |
(2) On receipt of a request from a federal officer, or a | 1207 |
state or local officer of this or any other state, whose duties | 1208 |
include enforcing laws relating to drugs, the board shall provide | 1209 |
to the officer information from the database relating to the | 1210 |
person who is the subject of an active investigation of a drug | 1211 |
abuse offense, as defined in section 2925.01 of the Revised Code, | 1212 |
being conducted by the officer's employing government entity. | 1213 |
(5) On receipt of a request from a prescriber or the | 1223 |
prescriber's delegate approved by the board, the board mayshall | 1224 |
provide to the prescriber a report of information from the | 1225 |
database relating to a patient who is either of the followinga | 1226 |
current patient of the prescriber or a potential patient of the | 1227 |
prescriber based on a referral of the patient to the prescriber, | 1228 |
if the prescriber certifies in a form specified by the board that | 1229 |
it is for the purpose of providing medical treatment to the | 1230 |
patient who is the subject of the requestall of the following | 1231 |
conditions are met: | 1232 |
(6) On receipt of a request from a pharmacist or the | 1240 |
pharmacist's delegate approved by the board, the board mayshall | 1241 |
provide to the pharmacist information from the database relating | 1242 |
to a current patient of the pharmacist, if the pharmacist | 1243 |
certifies in a form specified by the board that it is for the | 1244 |
purpose of the pharmacist's practice of pharmacy involving the | 1245 |
patient who is the subject of the request and the pharmacist has | 1246 |
not been denied access to the database by the board. | 1247 |
(8) On receipt of a request from the medical director of a | 1253 |
managed care organization that has entered into a contract with | 1254 |
the department of medicaid under section 5167.10 of the Revised | 1255 |
Code and a data security agreement with the board required by | 1256 |
section 5167.14 of the Revised Code, the board shall provide to | 1257 |
the medical director information from the database relating to a | 1258 |
medicaid recipient enrolled in the managed care organization, | 1259 |
including information in the database related to prescriptions for | 1260 |
the recipient that were not covered or reimbursed under a program | 1261 |
administered by the department of medicaid, if the medicaid | 1262 |
director confirms, upon request from the board, that the medicaid | 1263 |
recipient is enrolled in the managed care organization. | 1264 |
(10) On receipt of a request from the medical director of a | 1271 |
managed care organization that has entered into a contract with | 1272 |
the administrator of workers' compensation under division (B)(4) | 1273 |
of section 4121.44 of the Revised Code and a data security | 1274 |
agreement with the board required by section 4121.443 of the | 1275 |
Revised Code, the board shall provide to the medical director | 1276 |
information from the database relating to a claimant under Chapter | 1277 |
4121., 4123., 4127., or 4131. of the Revised Code assigned to the | 1278 |
managed care organization, including information in the database | 1279 |
related to prescriptions for the claimant that were not covered or | 1280 |
reimbursed under Chapter 4121., 4123., 4127., or 4131. of the | 1281 |
Revised Code, if the administrator of workers' compensation | 1282 |
confirms, upon request from the board, that the claimant is | 1283 |
assigned to the managed care organization. | 1284 |
(11) On receipt of a request from the administrator of | 1285 |
workers' compensation, the board mayshall provide to the | 1286 |
administrator information from the database relating to a claimant | 1287 |
under Chapter 4121., 4123., 4127., or 4131. of the Revised Code, | 1288 |
including information in the database related to prescriptions for | 1289 |
the claimant that were not covered or reimbursed under Chapter | 1290 |
4121., 4123., 4127., or 4131. of the Revised Code. | 1291 |
(11)(12) On receipt of a request from a prescriber or the | 1292 |
prescriber's delegate approved by the board, the board shall | 1293 |
provide to the prescriber information from the database relating | 1294 |
to a patient's mother, if the prescriber certifies in a form | 1295 |
specified by the board that it is for the purpose of providing | 1296 |
medical treatment to a newborn or infant patient diagnosed as | 1297 |
opioid dependent and the prescriber has not been denied access to | 1298 |
the database by the board. | 1299 |
(13) On receipt of a request from a requestor described in | 1300 |
division (A)(1), (2), (5), or (6) of this section who is from or | 1301 |
participating with another state's prescription monitoring | 1302 |
program, the board may provide to the requestor information from | 1303 |
the database, but only if there is a written agreement under which | 1304 |
the information is to be used and disseminated according to the | 1305 |
laws of this state. | 1306 |
(2) If the board determines that allegations regarding a | 1382 |
person's actions warrant restricting the person from obtaining | 1383 |
further information from the drug database without a prior | 1384 |
hearing, the board may summarily impose the restriction. A | 1385 |
telephone conference call may be used for reviewing the | 1386 |
allegations and taking a vote on the summary restriction. The | 1387 |
summary restriction shall remain in effect, unless removed by the | 1388 |
board, until the board's final adjudication order becomes | 1389 |
effective. | 1390 |
(B) The board, by an affirmative vote of not fewer than six | 1407 |
members, shall, to the extent permitted by law, limit, revoke, or | 1408 |
suspend an individual's certificate to practice as a physician | 1409 |
assistant or certificate to prescribe, refuse to issue a | 1410 |
certificate to an applicant, refuse to reinstate a certificate, or | 1411 |
reprimand or place on probation the holder of a certificate for | 1412 |
any of the following reasons: | 1413 |
(1) Failure to practice in accordance with the conditions | 1414 |
under which the supervising physician's supervision agreement with | 1415 |
the physician assistant was approved, including the requirement | 1416 |
that when practicing under a particular supervising physician, the | 1417 |
physician assistant must practice only according to the physician | 1418 |
supervisory plan the board approved for that physician or the | 1419 |
policies of the health care facility in which the supervising | 1420 |
physician and physician assistant are practicing; | 1421 |
(8) Making a false, fraudulent, deceptive, or misleading | 1440 |
statement in soliciting or advertising for employment as a | 1441 |
physician assistant; in connection with any solicitation or | 1442 |
advertisement for patients; in relation to the practice of | 1443 |
medicine as it pertains to physician assistants; or in securing or | 1444 |
attempting to secure a certificate to practice as a physician | 1445 |
assistant, a certificate to prescribe, or approval of a | 1446 |
supervision agreement. | 1447 |
As used in this division, "false, fraudulent, deceptive, or | 1448 |
misleading statement" means a statement that includes a | 1449 |
misrepresentation of fact, is likely to mislead or deceive because | 1450 |
of a failure to disclose material facts, is intended or is likely | 1451 |
to create false or unjustified expectations of favorable results, | 1452 |
or includes representations or implications that in reasonable | 1453 |
probability will cause an ordinarily prudent person to | 1454 |
misunderstand or be deceived. | 1455 |
(18) Any of the following actions taken by the state agency | 1486 |
responsible for regulating the practice of physician assistants in | 1487 |
another state, for any reason other than the nonpayment of fees: | 1488 |
the limitation, revocation, or suspension of an individual's | 1489 |
license to practice; acceptance of an individual's license | 1490 |
surrender; denial of a license; refusal to renew or reinstate a | 1491 |
license; imposition of probation; or issuance of an order of | 1492 |
censure or other reprimand; | 1493 |
(22) Failure to cooperate in an investigation conducted by | 1504 |
the board under section 4730.26 of the Revised Code, including | 1505 |
failure to comply with a subpoena or order issued by the board or | 1506 |
failure to answer truthfully a question presented by the board at | 1507 |
a deposition or in written interrogatories, except that failure to | 1508 |
cooperate with an investigation shall not constitute grounds for | 1509 |
discipline under this section if a court of competent jurisdiction | 1510 |
has issued an order that either quashes a subpoena or permits the | 1511 |
individual to withhold the testimony or evidence in issue; | 1512 |
(C) Disciplinary actions taken by the board under divisions | 1520 |
(A) and (B) of this section shall be taken pursuant to an | 1521 |
adjudication under Chapter 119. of the Revised Code, except that | 1522 |
in lieu of an adjudication, the board may enter into a consent | 1523 |
agreement with a physician assistant or applicant to resolve an | 1524 |
allegation of a violation of this chapter or any rule adopted | 1525 |
under it. A consent agreement, when ratified by an affirmative | 1526 |
vote of not fewer than six members of the board, shall constitute | 1527 |
the findings and order of the board with respect to the matter | 1528 |
addressed in the agreement. If the board refuses to ratify a | 1529 |
consent agreement, the admissions and findings contained in the | 1530 |
consent agreement shall be of no force or effect. | 1531 |
(D) For purposes of divisions (B)(12), (15), and (16) of this | 1532 |
section, the commission of the act may be established by a finding | 1533 |
by the board, pursuant to an adjudication under Chapter 119. of | 1534 |
the Revised Code, that the applicant or certificate holder | 1535 |
committed the act in question. The board shall have no | 1536 |
jurisdiction under these divisions in cases where the trial court | 1537 |
renders a final judgment in the certificate holder's favor and | 1538 |
that judgment is based upon an adjudication on the merits. The | 1539 |
board shall have jurisdiction under these divisions in cases where | 1540 |
the trial court issues an order of dismissal upon technical or | 1541 |
procedural grounds. | 1542 |
(E) The sealing of conviction records by any court shall have | 1543 |
no effect upon a prior board order entered under the provisions of | 1544 |
this section or upon the board's jurisdiction to take action under | 1545 |
the provisions of this section if, based upon a plea of guilty, a | 1546 |
judicial finding of guilt, or a judicial finding of eligibility | 1547 |
for intervention in lieu of conviction, the board issued a notice | 1548 |
of opportunity for a hearing prior to the court's order to seal | 1549 |
the records. The board shall not be required to seal, destroy, | 1550 |
redact, or otherwise modify its records to reflect the court's | 1551 |
sealing of conviction records. | 1552 |
(F) For purposes of this division, any individual who holds a | 1553 |
certificate issued under this chapter, or applies for a | 1554 |
certificate issued under this chapter, shall be deemed to have | 1555 |
given consent to submit to a mental or physical examination when | 1556 |
directed to do so in writing by the board and to have waived all | 1557 |
objections to the admissibility of testimony or examination | 1558 |
reports that constitute a privileged communication. | 1559 |
(1) In enforcing division (B)(4) of this section, the board, | 1560 |
upon a showing of a possible violation, may compel any individual | 1561 |
who holds a certificate issued under this chapter or who has | 1562 |
applied for a certificate pursuant to this chapter to submit to a | 1563 |
mental examination, physical examination, including an HIV test, | 1564 |
or both a mental and physical examination. The expense of the | 1565 |
examination is the responsibility of the individual compelled to | 1566 |
be examined. Failure to submit to a mental or physical examination | 1567 |
or consent to an HIV test ordered by the board constitutes an | 1568 |
admission of the allegations against the individual unless the | 1569 |
failure is due to circumstances beyond the individual's control, | 1570 |
and a default and final order may be entered without the taking of | 1571 |
testimony or presentation of evidence. If the board finds a | 1572 |
physician assistant unable to practice because of the reasons set | 1573 |
forth in division (B)(4) of this section, the board shall require | 1574 |
the physician assistant to submit to care, counseling, or | 1575 |
treatment by physicians approved or designated by the board, as a | 1576 |
condition for an initial, continued, reinstated, or renewed | 1577 |
certificate. An individual affected under this division shall be | 1578 |
afforded an opportunity to demonstrate to the board the ability to | 1579 |
resume practicing in compliance with acceptable and prevailing | 1580 |
standards of care. | 1581 |
(2) For purposes of division (B)(5) of this section, if the | 1582 |
board has reason to believe that any individual who holds a | 1583 |
certificate issued under this chapter or any applicant for a | 1584 |
certificate suffers such impairment, the board may compel the | 1585 |
individual to submit to a mental or physical examination, or both. | 1586 |
The expense of the examination is the responsibility of the | 1587 |
individual compelled to be examined. Any mental or physical | 1588 |
examination required under this division shall be undertaken by a | 1589 |
treatment provider or physician qualified to conduct such | 1590 |
examination and chosen by the board. | 1591 |
Failure to submit to a mental or physical examination ordered | 1592 |
by the board constitutes an admission of the allegations against | 1593 |
the individual unless the failure is due to circumstances beyond | 1594 |
the individual's control, and a default and final order may be | 1595 |
entered without the taking of testimony or presentation of | 1596 |
evidence. If the board determines that the individual's ability to | 1597 |
practice is impaired, the board shall suspend the individual's | 1598 |
certificate or deny the individual's application and shall require | 1599 |
the individual, as a condition for initial, continued, reinstated, | 1600 |
or renewed certification to practice or prescribe, to submit to | 1601 |
treatment. | 1602 |
When the impaired physician assistant resumes practice or | 1622 |
prescribing, the board shall require continued monitoring of the | 1623 |
physician assistant. The monitoring shall include compliance with | 1624 |
the written consent agreement entered into before reinstatement or | 1625 |
with conditions imposed by board order after a hearing, and, upon | 1626 |
termination of the consent agreement, submission to the board for | 1627 |
at least two years of annual written progress reports made under | 1628 |
penalty of falsification stating whether the physician assistant | 1629 |
has maintained sobriety. | 1630 |
(G) If the secretary and supervising member determine that | 1631 |
there is clear and convincing evidence that a physician assistant | 1632 |
has violated division (B) of this section and that the | 1633 |
individual's continued practice or prescribing presents a danger | 1634 |
of immediate and serious harm to the public, they may recommend | 1635 |
that the board suspend the individual's certificate to practice or | 1636 |
prescribe without a prior hearing. Written allegations shall be | 1637 |
prepared for consideration by the board. | 1638 |
The board shall issue a written order of suspension by | 1645 |
certified mail or in person in accordance with section 119.07 of | 1646 |
the Revised Code. The order shall not be subject to suspension by | 1647 |
the court during pendency of any appeal filed under section 119.12 | 1648 |
of the Revised Code. If the physician assistant requests an | 1649 |
adjudicatory hearing by the board, the date set for the hearing | 1650 |
shall be within fifteen days, but not earlier than seven days, | 1651 |
after the physician assistant requests the hearing, unless | 1652 |
otherwise agreed to by both the board and the certificate holder. | 1653 |
A summary suspension imposed under this division shall remain | 1654 |
in effect, unless reversed on appeal, until a final adjudicative | 1655 |
order issued by the board pursuant to this section and Chapter | 1656 |
119. of the Revised Code becomes effective. The board shall issue | 1657 |
its final adjudicative order within sixty days after completion of | 1658 |
its hearing. Failure to issue the order within sixty days shall | 1659 |
result in dissolution of the summary suspension order, but shall | 1660 |
not invalidate any subsequent, final adjudicative order. | 1661 |
(H) If the board takes action under division (B)(11), (13), | 1662 |
or (14) of this section, and the judicial finding of guilt, guilty | 1663 |
plea, or judicial finding of eligibility for intervention in lieu | 1664 |
of conviction is overturned on appeal, upon exhaustion of the | 1665 |
criminal appeal, a petition for reconsideration of the order may | 1666 |
be filed with the board along with appropriate court documents. | 1667 |
Upon receipt of a petition and supporting court documents, the | 1668 |
board shall reinstate the certificate to practice or prescribe. | 1669 |
The board may then hold an adjudication under Chapter 119. of the | 1670 |
Revised Code to determine whether the individual committed the act | 1671 |
in question. Notice of opportunity for hearing shall be given in | 1672 |
accordance with Chapter 119. of the Revised Code. If the board | 1673 |
finds, pursuant to an adjudication held under this division, that | 1674 |
the individual committed the act, or if no hearing is requested, | 1675 |
it may order any of the sanctions identified under division (B) of | 1676 |
this section. | 1677 |
(I) The certificate to practice issued to a physician | 1678 |
assistant and the physician assistant's practice in this state are | 1679 |
automatically suspended as of the date the physician assistant | 1680 |
pleads guilty to, is found by a judge or jury to be guilty of, or | 1681 |
is subject to a judicial finding of eligibility for intervention | 1682 |
in lieu of conviction in this state or treatment or intervention | 1683 |
in lieu of conviction in another state for any of the following | 1684 |
criminal offenses in this state or a substantially equivalent | 1685 |
criminal offense in another jurisdiction: aggravated murder, | 1686 |
murder, voluntary manslaughter, felonious assault, kidnapping, | 1687 |
rape, sexual battery, gross sexual imposition, aggravated arson, | 1688 |
aggravated robbery, or aggravated burglary. Continued practice | 1689 |
after the suspension shall be considered practicing without a | 1690 |
certificate. | 1691 |
(J) In any instance in which the board is required by Chapter | 1699 |
119. of the Revised Code to give notice of opportunity for hearing | 1700 |
and the individual subject to the notice does not timely request a | 1701 |
hearing in accordance with section 119.07 of the Revised Code, the | 1702 |
board is not required to hold a hearing, but may adopt, by an | 1703 |
affirmative vote of not fewer than six of its members, a final | 1704 |
order that contains the board's findings. In that final order, the | 1705 |
board may order any of the sanctions identified under division (A) | 1706 |
or (B) of this section. | 1707 |
(K) Any action taken by the board under division (B) of this | 1708 |
section resulting in a suspension shall be accompanied by a | 1709 |
written statement of the conditions under which the physician | 1710 |
assistant's certificate may be reinstated. The board shall adopt | 1711 |
rules in accordance with Chapter 119. of the Revised Code | 1712 |
governing conditions to be imposed for reinstatement. | 1713 |
Reinstatement of a certificate suspended pursuant to division (B) | 1714 |
of this section requires an affirmative vote of not fewer than six | 1715 |
members of the board. | 1716 |
(L) When the board refuses to grant to an applicant a | 1717 |
certificate to practice as a physician assistant or a certificate | 1718 |
to prescribe, revokes an individual's certificate, refuses to | 1719 |
issue a certificate, or refuses to reinstate an individual's | 1720 |
certificate, the board may specify that its action is permanent. | 1721 |
An individual subject to a permanent action taken by the board is | 1722 |
forever thereafter ineligible to hold the certificate and the | 1723 |
board shall not accept an application for reinstatement of the | 1724 |
certificate or for issuance of a new certificate. | 1725 |
(4)(a) Except as provided in division (A)(4)(b) of this | 1757 |
section, with respect to an applicant who holds a certificate to | 1758 |
prescribe and prescribes opioid analgesics or benzodiazepines as | 1759 |
part of the applicant's regular practice as a physician assistant, | 1760 |
the application for renewal of a certificate to prescribe shall | 1761 |
include evidence that the applicant has been granted access to the | 1762 |
drug database established and maintained by the state board of | 1763 |
pharmacy pursuant to section 4729.75 of the Revised Code. | 1764 |
(6) The applicant shall report any criminal offense that | 1777 |
constitutes grounds under section 4730.25 of the Revised Code for | 1778 |
refusing to issue a certificate to prescribe to which the | 1779 |
applicant has pleaded guilty, of which the applicant has been | 1780 |
found guilty, or for which the applicant has been found eligible | 1781 |
for intervention in lieu of conviction, since last signing an | 1782 |
application for a certificate to prescribe. | 1783 |
(1) Before initially prescribing the drug, the physician | 1798 |
assistant or the physician assistant's delegate shall request from | 1799 |
the drug database a report of information related to the patient | 1800 |
that covers at least the twelve months immediately preceding the | 1801 |
date of the request. If the physician assistant practices | 1802 |
primarily in a county of this state that adjoins another state, | 1803 |
the physician assistant or delegate also shall request a report of | 1804 |
any information available in the drug database that pertains to | 1805 |
prescriptions issued or drugs furnished to the patient in the | 1806 |
state adjoining that county. | 1807 |
(2) If the patient's course of treatment for the condition | 1808 |
continues for more than ninety days after the initial report is | 1809 |
requested, the physician assistant or delegate shall make periodic | 1810 |
requests for reports of information from the drug database until | 1811 |
the course of treatment has ended. The requests shall be made at | 1812 |
intervals not exceeding ninety days, determined according to the | 1813 |
date the initial request was made. The request shall be made in | 1814 |
the same manner provided in division (B)(1) of this section for | 1815 |
requesting the initial report of information from the drug | 1816 |
database. | 1817 |
(D) With respect to prescribing any drug that is not an | 1837 |
opioid analgesic or a benzodiazepine but is included in the drug | 1838 |
database pursuant to rules adopted under section 4729.84 of the | 1839 |
Revised Code, the state medical board shall adopt rules in | 1840 |
accordance with Chapter 119. of the Revised Code that establish | 1841 |
standards and procedures to be followed by a physician assistant | 1842 |
who holds a certificate to prescribe issued under this chapter | 1843 |
regarding the review of patient information available through the | 1844 |
drug database under division (A)(5) of section 4729.80 of the | 1845 |
Revised Code. The rules shall be adopted in accordance with | 1846 |
Chapter 119. of the Revised Code. | 1847 |
(1) Before initially prescribing or furnishing the drug, the | 1864 |
physician or the physician's delegate shall request from the drug | 1865 |
database a report of information related to the patient that | 1866 |
covers at least the twelve months immediately preceding the date | 1867 |
of the request. If the physician practices primarily in a county | 1868 |
of this state that adjoins another state, the physician or | 1869 |
delegate also shall request a report of any information available | 1870 |
in the drug database that pertains to prescriptions issued or | 1871 |
drugs furnished to the patient in the state adjoining that county. | 1872 |
(2) If the patient's course of treatment for the condition | 1873 |
continues for more than ninety days after the initial report is | 1874 |
requested, the physician or delegate shall make periodic requests | 1875 |
for reports of information from the drug database until the course | 1876 |
of treatment has ended. The requests shall be made at intervals | 1877 |
not exceeding ninety days, determined according to the date the | 1878 |
initial request was made. The request shall be made in the same | 1879 |
manner provided in division (B)(1) of this section for requesting | 1880 |
the initial report of information from the drug database. | 1881 |
(D) With respect to prescribing or personally furnishing any | 1905 |
drug that is not an opioid analgesic or a benzodiazepine but is | 1906 |
included in the drug database pursuant to rules adopted under | 1907 |
section 4729.84 of the Revised Code, the state medical board shall | 1908 |
adopt rules in accordance with Chapter 119. of the Revised Code | 1909 |
that establish standards and procedures to be followed by a | 1910 |
physician regarding the review of patient information available | 1911 |
through the drug database under division (A)(5) of section 4729.80 | 1912 |
of the Revised Code.
The rules shall be adopted in accordance with | 1913 |
Chapter 119. of the Revised Code. | 1914 |
Sec. 4731.22. (A) The state medical board, by an affirmative | 1918 |
vote of not fewer than six of its members, may limit, revoke, or | 1919 |
suspend an individual's certificate to practice, refuse to grant a | 1920 |
certificate to an individual, refuse to register an individual, | 1921 |
refuse to reinstate a certificate, or reprimand or place on | 1922 |
probation the holder of a certificate if the individual or | 1923 |
certificate holder is found by the board to have committed fraud | 1924 |
during the administration of the examination for a certificate to | 1925 |
practice or to have committed fraud, misrepresentation, or | 1926 |
deception in applying for or securing any certificate to practice | 1927 |
or certificate of registration issued by the board. | 1928 |
(B) The board, by an affirmative vote of not fewer than six | 1929 |
members, shall, to the extent permitted by law, limit, revoke, or | 1930 |
suspend an individual's certificate to practice, refuse to | 1931 |
register an individual, refuse to reinstate a certificate, or | 1932 |
reprimand or place on probation the holder of a certificate for | 1933 |
one or more of the following reasons: | 1934 |
(3) Selling, giving away, personally furnishing, prescribing, | 1943 |
or administering drugs for other than legal and legitimate | 1944 |
therapeutic purposes or a plea of guilty to, a judicial finding of | 1945 |
guilt of, or a judicial finding of eligibility for intervention in | 1946 |
lieu of conviction of, a violation of any federal or state law | 1947 |
regulating the possession, distribution, or use of any drug; | 1948 |
For purposes of this division, "willfully betraying a | 1950 |
professional confidence" does not include providing any | 1951 |
information, documents, or reports to a child fatality review | 1952 |
board under sections 307.621 to 307.629 of the Revised Code and | 1953 |
does not include the making of a report of an employee's use of a | 1954 |
drug of abuse, or a report of a condition of an employee other | 1955 |
than one involving the use of a drug of abuse, to the employer of | 1956 |
the employee as described in division (B) of section 2305.33 of | 1957 |
the Revised Code. Nothing in this division affects the immunity | 1958 |
from civil liability conferred by that section upon a physician | 1959 |
who makes either type of report in accordance with division (B) of | 1960 |
that section. As used in this division, "employee," "employer," | 1961 |
and "physician" have the same meanings as in section 2305.33 of | 1962 |
the Revised Code. | 1963 |
(5) Making a false, fraudulent, deceptive, or misleading | 1964 |
statement in the solicitation of or advertising for patients; in | 1965 |
relation to the practice of medicine and surgery, osteopathic | 1966 |
medicine and surgery, podiatric medicine and surgery, or a limited | 1967 |
branch of medicine; or in securing or attempting to secure any | 1968 |
certificate to practice or certificate of registration issued by | 1969 |
the board. | 1970 |
As used in this division, "false, fraudulent, deceptive, or | 1971 |
misleading statement" means a statement that includes a | 1972 |
misrepresentation of fact, is likely to mislead or deceive because | 1973 |
of a failure to disclose material facts, is intended or is likely | 1974 |
to create false or unjustified expectations of favorable results, | 1975 |
or includes representations or implications that in reasonable | 1976 |
probability will cause an ordinarily prudent person to | 1977 |
misunderstand or be deceived. | 1978 |
(18) Subject to section 4731.226 of the Revised Code, | 2016 |
violation of any provision of a code of ethics of the American | 2017 |
medical association, the American osteopathic association, the | 2018 |
American podiatric medical association, or any other national | 2019 |
professional organizations that the board specifies by rule. The | 2020 |
state medical board shall obtain and keep on file current copies | 2021 |
of the codes of ethics of the various national professional | 2022 |
organizations. The individual whose certificate is being suspended | 2023 |
or revoked shall not be found to have violated any provision of a | 2024 |
code of ethics of an organization not appropriate to the | 2025 |
individual's profession. | 2026 |
For purposes of this division, a "provision of a code of | 2027 |
ethics of a national professional organization" does not include | 2028 |
any provision that would preclude the making of a report by a | 2029 |
physician of an employee's use of a drug of abuse, or of a | 2030 |
condition of an employee other than one involving the use of a | 2031 |
drug of abuse, to the employer of the employee as described in | 2032 |
division (B) of section 2305.33 of the Revised Code. Nothing in | 2033 |
this division affects the immunity from civil liability conferred | 2034 |
by that section upon a physician who makes either type of report | 2035 |
in accordance with division (B) of that section. As used in this | 2036 |
division, "employee," "employer," and "physician" have the same | 2037 |
meanings as in section 2305.33 of the Revised Code. | 2038 |
In enforcing this division, the board, upon a showing of a | 2044 |
possible violation, may compel any individual authorized to | 2045 |
practice by this chapter or who has submitted an application | 2046 |
pursuant to this chapter to submit to a mental examination, | 2047 |
physical examination, including an HIV test, or both a mental and | 2048 |
a physical examination. The expense of the examination is the | 2049 |
responsibility of the individual compelled to be examined. Failure | 2050 |
to submit to a mental or physical examination or consent to an HIV | 2051 |
test ordered by the board constitutes an admission of the | 2052 |
allegations against the individual unless the failure is due to | 2053 |
circumstances beyond the individual's control, and a default and | 2054 |
final order may be entered without the taking of testimony or | 2055 |
presentation of evidence. If the board finds an individual unable | 2056 |
to practice because of the reasons set forth in this division, the | 2057 |
board shall require the individual to submit to care, counseling, | 2058 |
or treatment by physicians approved or designated by the board, as | 2059 |
a condition for initial, continued, reinstated, or renewed | 2060 |
authority to practice. An individual affected under this division | 2061 |
shall be afforded an opportunity to demonstrate to the board the | 2062 |
ability to resume practice in compliance with acceptable and | 2063 |
prevailing standards under the provisions of the individual's | 2064 |
certificate. For the purpose of this division, any individual who | 2065 |
applies for or receives a certificate to practice under this | 2066 |
chapter accepts the privilege of practicing in this state and, by | 2067 |
so doing, shall be deemed to have given consent to submit to a | 2068 |
mental or physical examination when directed to do so in writing | 2069 |
by the board, and to have waived all objections to the | 2070 |
admissibility of testimony or examination reports that constitute | 2071 |
a privileged communication. | 2072 |
(20) Except when civil penalties are imposed under section | 2073 |
4731.225 or 4731.281 of the Revised Code, and subject to section | 2074 |
4731.226 of the Revised Code, violating or attempting to violate, | 2075 |
directly or indirectly, or assisting in or abetting the violation | 2076 |
of, or conspiring to violate, any provisions of this chapter or | 2077 |
any rule promulgated by the board. | 2078 |
This division does not apply to a violation or attempted | 2079 |
violation of, assisting in or abetting the violation of, or a | 2080 |
conspiracy to violate, any provision of this chapter or any rule | 2081 |
adopted by the board that would preclude the making of a report by | 2082 |
a physician of an employee's use of a drug of abuse, or of a | 2083 |
condition of an employee other than one involving the use of a | 2084 |
drug of abuse, to the employer of the employee as described in | 2085 |
division (B) of section 2305.33 of the Revised Code. Nothing in | 2086 |
this division affects the immunity from civil liability conferred | 2087 |
by that section upon a physician who makes either type of report | 2088 |
in accordance with division (B) of that section. As used in this | 2089 |
division, "employee," "employer," and "physician" have the same | 2090 |
meanings as in section 2305.33 of the Revised Code. | 2091 |
(22) Any of the following actions taken by an agency | 2095 |
responsible for authorizing, certifying, or regulating an | 2096 |
individual to practice a health care occupation or provide health | 2097 |
care services in this state or another jurisdiction, for any | 2098 |
reason other than the nonpayment of fees: the limitation, | 2099 |
revocation, or suspension of an individual's license to practice; | 2100 |
acceptance of an individual's license surrender; denial of a | 2101 |
license; refusal to renew or reinstate a license; imposition of | 2102 |
probation; or issuance of an order of censure or other reprimand; | 2103 |
(23) The violation of section 2919.12 of the Revised Code or | 2104 |
the performance or inducement of an abortion upon a pregnant woman | 2105 |
with actual knowledge that the conditions specified in division | 2106 |
(B) of section 2317.56 of the Revised Code have not been satisfied | 2107 |
or with a heedless indifference as to whether those conditions | 2108 |
have been satisfied, unless an affirmative defense as specified in | 2109 |
division (H)(2) of that section would apply in a civil action | 2110 |
authorized by division (H)(1) of that section; | 2111 |
For the purposes of this division, any individual authorized | 2127 |
to practice by this chapter accepts the privilege of practicing in | 2128 |
this state subject to supervision by the board. By filing an | 2129 |
application for or holding a certificate to practice under this | 2130 |
chapter, an individual shall be deemed to have given consent to | 2131 |
submit to a mental or physical examination when ordered to do so | 2132 |
by the board in writing, and to have waived all objections to the | 2133 |
admissibility of testimony or examination reports that constitute | 2134 |
privileged communications. | 2135 |
If it has reason to believe that any individual authorized to | 2136 |
practice by this chapter or any applicant for certification to | 2137 |
practice suffers such impairment, the board may compel the | 2138 |
individual to submit to a mental or physical examination, or both. | 2139 |
The expense of the examination is the responsibility of the | 2140 |
individual compelled to be examined. Any mental or physical | 2141 |
examination required under this division shall be undertaken by a | 2142 |
treatment provider or physician who is qualified to conduct the | 2143 |
examination and who is chosen by the board. | 2144 |
Failure to submit to a mental or physical examination ordered | 2145 |
by the board constitutes an admission of the allegations against | 2146 |
the individual unless the failure is due to circumstances beyond | 2147 |
the individual's control, and a default and final order may be | 2148 |
entered without the taking of testimony or presentation of | 2149 |
evidence. If the board determines that the individual's ability to | 2150 |
practice is impaired, the board shall suspend the individual's | 2151 |
certificate or deny the individual's application and shall require | 2152 |
the individual, as a condition for initial, continued, reinstated, | 2153 |
or renewed certification to practice, to submit to treatment. | 2154 |
When the impaired practitioner resumes practice, the board | 2176 |
shall require continued monitoring of the individual. The | 2177 |
monitoring shall include, but not be limited to, compliance with | 2178 |
the written consent agreement entered into before reinstatement or | 2179 |
with conditions imposed by board order after a hearing, and, upon | 2180 |
termination of the consent agreement, submission to the board for | 2181 |
at least two years of annual written progress reports made under | 2182 |
penalty of perjury stating whether the individual has maintained | 2183 |
sobriety. | 2184 |
(34) Failure to cooperate in an investigation conducted by | 2221 |
the board under division (F) of this section, including failure to | 2222 |
comply with a subpoena or order issued by the board or failure to | 2223 |
answer truthfully a question presented by the board in an | 2224 |
investigative interview, an investigative office conference, at a | 2225 |
deposition, or in written interrogatories, except that failure to | 2226 |
cooperate with an investigation shall not constitute grounds for | 2227 |
discipline under this section if a court of competent jurisdiction | 2228 |
has issued an order that either quashes a subpoena or permits the | 2229 |
individual to withhold the testimony or evidence in issue; | 2230 |
(C) Disciplinary actions taken by the board under divisions | 2277 |
(A) and (B) of this section shall be taken pursuant to an | 2278 |
adjudication under Chapter 119. of the Revised Code, except that | 2279 |
in lieu of an adjudication, the board may enter into a consent | 2280 |
agreement with an individual to resolve an allegation of a | 2281 |
violation of this chapter or any rule adopted under it. A consent | 2282 |
agreement, when ratified by an affirmative vote of not fewer than | 2283 |
six members of the board, shall constitute the findings and order | 2284 |
of the board with respect to the matter addressed in the | 2285 |
agreement. If the board refuses to ratify a consent agreement, the | 2286 |
admissions and findings contained in the consent agreement shall | 2287 |
be of no force or effect. | 2288 |
If the board takes disciplinary action against an individual | 2294 |
under division (B) of this section for a second or subsequent plea | 2295 |
of guilty to, or judicial finding of guilt of, a violation of | 2296 |
section 2919.123 of the Revised Code, the disciplinary action | 2297 |
shall consist of a suspension of the individual's certificate to | 2298 |
practice for a period of at least one year or, if determined | 2299 |
appropriate by the board, a more serious sanction involving the | 2300 |
individual's certificate to practice. Any consent agreement | 2301 |
entered into under this division with an individual that pertains | 2302 |
to a second or subsequent plea of guilty to, or judicial finding | 2303 |
of guilt of, a violation of that section shall provide for a | 2304 |
suspension of the individual's certificate to practice for a | 2305 |
period of at least one year or, if determined appropriate by the | 2306 |
board, a more serious sanction involving the individual's | 2307 |
certificate to practice. | 2308 |
(D) For purposes of divisions (B)(10), (12), and (14) of this | 2309 |
section, the commission of the act may be established by a finding | 2310 |
by the board, pursuant to an adjudication under Chapter 119. of | 2311 |
the Revised Code, that the individual committed the act. The board | 2312 |
does not have jurisdiction under those divisions if the trial | 2313 |
court renders a final judgment in the individual's favor and that | 2314 |
judgment is based upon an adjudication on the merits. The board | 2315 |
has jurisdiction under those divisions if the trial court issues | 2316 |
an order of dismissal upon technical or procedural grounds. | 2317 |
(E) The sealing of conviction records by any court shall have | 2318 |
no effect upon a prior board order entered under this section or | 2319 |
upon the board's jurisdiction to take action under this section | 2320 |
if, based upon a plea of guilty, a judicial finding of guilt, or a | 2321 |
judicial finding of eligibility for intervention in lieu of | 2322 |
conviction, the board issued a notice of opportunity for a hearing | 2323 |
prior to the court's order to seal the records. The board shall | 2324 |
not be required to seal, destroy, redact, or otherwise modify its | 2325 |
records to reflect the court's sealing of conviction records. | 2326 |
(F)(1) The board shall investigate evidence that appears to | 2327 |
show that a person has violated any provision of this chapter or | 2328 |
any rule adopted under it. Any person may report to the board in a | 2329 |
signed writing any information that the person may have that | 2330 |
appears to show a violation of any provision of this chapter or | 2331 |
any rule adopted under it. In the absence of bad faith, any person | 2332 |
who reports information of that nature or who testifies before the | 2333 |
board in any adjudication conducted under Chapter 119. of the | 2334 |
Revised Code shall not be liable in damages in a civil action as a | 2335 |
result of the report or testimony. Each complaint or allegation of | 2336 |
a violation received by the board shall be assigned a case number | 2337 |
and shall be recorded by the board. | 2338 |
(2) Investigations of alleged violations of this chapter or | 2339 |
any rule adopted under it shall be supervised by the supervising | 2340 |
member elected by the board in accordance with section 4731.02 of | 2341 |
the Revised Code and by the secretary as provided in section | 2342 |
4731.39 of the Revised Code. The president may designate another | 2343 |
member of the board to supervise the investigation in place of the | 2344 |
supervising member. No member of the board who supervises the | 2345 |
investigation of a case shall participate in further adjudication | 2346 |
of the case. | 2347 |
(3) In investigating a possible violation of this chapter or | 2348 |
any rule adopted under this chapter, or in conducting an | 2349 |
inspection under division (E) of section 4731.054 of the Revised | 2350 |
Code, the board may question witnesses, conduct interviews, | 2351 |
administer oaths, order the taking of depositions, inspect and | 2352 |
copy any books, accounts, papers, records, or documents, issue | 2353 |
subpoenas, and compel the attendance of witnesses and production | 2354 |
of books, accounts, papers, records, documents, and testimony, | 2355 |
except that a subpoena for patient record information shall not be | 2356 |
issued without consultation with the attorney general's office and | 2357 |
approval of the secretary and supervising member of the board. | 2358 |
(a) Before issuance of a subpoena for patient record | 2359 |
information, the secretary and supervising member shall determine | 2360 |
whether there is probable cause to believe that the complaint | 2361 |
filed alleges a violation of this chapter or any rule adopted | 2362 |
under it and that the records sought are relevant to the alleged | 2363 |
violation and material to the investigation. The subpoena may | 2364 |
apply only to records that cover a reasonable period of time | 2365 |
surrounding the alleged violation. | 2366 |
(c) A subpoena issued by the board may be served by a | 2371 |
sheriff, the sheriff's deputy, or a board employee designated by | 2372 |
the board. Service of a subpoena issued by the board may be made | 2373 |
by delivering a copy of the subpoena to the person named therein, | 2374 |
reading it to the person, or leaving it at the person's usual | 2375 |
place of residence, usual place of business, or address on file | 2376 |
with the board. When serving a subpoena to an applicant for or the | 2377 |
holder of a certificate issued under this chapter, service of the | 2378 |
subpoena may be made by certified mail, return receipt requested, | 2379 |
and the subpoena shall be deemed served on the date delivery is | 2380 |
made or the date the person refuses to accept delivery. If the | 2381 |
person being served refuses to accept the subpoena or is not | 2382 |
located, service may be made to an attorney who notifies the board | 2383 |
that the attorney is representing the person. | 2384 |
The board shall conduct all investigations or inspections and | 2397 |
proceedings in a manner that protects the confidentiality of | 2398 |
patients and persons who file complaints with the board. The board | 2399 |
shall not make public the names or any other identifying | 2400 |
information about patients or complainants unless proper consent | 2401 |
is given or, in the case of a patient, a waiver of the patient | 2402 |
privilege exists under division (B) of section 2317.02 of the | 2403 |
Revised Code, except that consent or a waiver of that nature is | 2404 |
not required if the board possesses reliable and substantial | 2405 |
evidence that no bona fide physician-patient relationship exists. | 2406 |
The board may share any information it receives pursuant to | 2407 |
an investigation or inspection, including patient records and | 2408 |
patient record information, with law enforcement agencies, other | 2409 |
licensing boards, and other governmental agencies that are | 2410 |
prosecuting, adjudicating, or investigating alleged violations of | 2411 |
statutes or administrative rules. An agency or board that receives | 2412 |
the information shall comply with the same requirements regarding | 2413 |
confidentiality as those with which the state medical board must | 2414 |
comply, notwithstanding any conflicting provision of the Revised | 2415 |
Code or procedure of the agency or board that applies when it is | 2416 |
dealing with other information in its possession. In a judicial | 2417 |
proceeding, the information may be admitted into evidence only in | 2418 |
accordance with the Rules of Evidence, but the court shall require | 2419 |
that appropriate measures are taken to ensure that confidentiality | 2420 |
is maintained with respect to any part of the information that | 2421 |
contains names or other identifying information about patients or | 2422 |
complainants whose confidentiality was protected by the state | 2423 |
medical board when the information was in the board's possession. | 2424 |
Measures to ensure confidentiality that may be taken by the court | 2425 |
include sealing its records or deleting specific information from | 2426 |
its records. | 2427 |
The board shall issue a written order of suspension by | 2457 |
certified mail or in person in accordance with section 119.07 of | 2458 |
the Revised Code. The order shall not be subject to suspension by | 2459 |
the court during pendency of any appeal filed under section 119.12 | 2460 |
of the Revised Code. If the individual subject to the summary | 2461 |
suspension requests an adjudicatory hearing by the board, the date | 2462 |
set for the hearing shall be within fifteen days, but not earlier | 2463 |
than seven days, after the individual requests the hearing, unless | 2464 |
otherwise agreed to by both the board and the individual. | 2465 |
Any summary suspension imposed under this division shall | 2466 |
remain in effect, unless reversed on appeal, until a final | 2467 |
adjudicative order issued by the board pursuant to this section | 2468 |
and Chapter 119. of the Revised Code becomes effective. The board | 2469 |
shall issue its final adjudicative order within seventy-five days | 2470 |
after completion of its hearing. A failure to issue the order | 2471 |
within seventy-five days shall result in dissolution of the | 2472 |
summary suspension order but shall not invalidate any subsequent, | 2473 |
final adjudicative order. | 2474 |
(H) If the board takes action under division (B)(9), (11), or | 2475 |
(13) of this section and the judicial finding of guilt, guilty | 2476 |
plea, or judicial finding of eligibility for intervention in lieu | 2477 |
of conviction is overturned on appeal, upon exhaustion of the | 2478 |
criminal appeal, a petition for reconsideration of the order may | 2479 |
be filed with the board along with appropriate court documents. | 2480 |
Upon receipt of a petition of that nature and supporting court | 2481 |
documents, the board shall reinstate the individual's certificate | 2482 |
to practice. The board may then hold an adjudication under Chapter | 2483 |
119. of the Revised Code to determine whether the individual | 2484 |
committed the act in question. Notice of an opportunity for a | 2485 |
hearing shall be given in accordance with Chapter 119. of the | 2486 |
Revised Code. If the board finds, pursuant to an adjudication held | 2487 |
under this division, that the individual committed the act or if | 2488 |
no hearing is requested, the board may order any of the sanctions | 2489 |
identified under division (B) of this section. | 2490 |
(I) The certificate to practice issued to an individual under | 2491 |
this chapter and the individual's practice in this state are | 2492 |
automatically suspended as of the date of the individual's second | 2493 |
or subsequent plea of guilty to, or judicial finding of guilt of, | 2494 |
a violation of section 2919.123 of the Revised Code, or the date | 2495 |
the individual pleads guilty to, is found by a judge or jury to be | 2496 |
guilty of, or is subject to a judicial finding of eligibility for | 2497 |
intervention in lieu of conviction in this state or treatment or | 2498 |
intervention in lieu of conviction in another jurisdiction for any | 2499 |
of the following criminal offenses in this state or a | 2500 |
substantially equivalent criminal offense in another jurisdiction: | 2501 |
aggravated murder, murder, voluntary manslaughter, felonious | 2502 |
assault, kidnapping, rape, sexual battery, gross sexual | 2503 |
imposition, aggravated arson, aggravated robbery, or aggravated | 2504 |
burglary. Continued practice after suspension shall be considered | 2505 |
practicing without a certificate. | 2506 |
(1) If the automatic suspension under this division is for a | 2514 |
second or subsequent plea of guilty to, or judicial finding of | 2515 |
guilt of, a violation of section 2919.123 of the Revised Code, the | 2516 |
board shall enter an order suspending the individual's certificate | 2517 |
to practice for a period of at least one year or, if determined | 2518 |
appropriate by the board, imposing a more serious sanction | 2519 |
involving the individual's certificate to practice. | 2520 |
(J) If the board is required by Chapter 119. of the Revised | 2524 |
Code to give notice of an opportunity for a hearing and if the | 2525 |
individual subject to the notice does not timely request a hearing | 2526 |
in accordance with section 119.07 of the Revised Code, the board | 2527 |
is not required to hold a hearing, but may adopt, by an | 2528 |
affirmative vote of not fewer than six of its members, a final | 2529 |
order that contains the board's findings. In that final order, the | 2530 |
board may order any of the sanctions identified under division (A) | 2531 |
or (B) of this section. | 2532 |
(K) Any action taken by the board under division (B) of this | 2533 |
section resulting in a suspension from practice shall be | 2534 |
accompanied by a written statement of the conditions under which | 2535 |
the individual's certificate to practice may be reinstated. The | 2536 |
board shall adopt rules governing conditions to be imposed for | 2537 |
reinstatement. Reinstatement of a certificate suspended pursuant | 2538 |
to division (B) of this section requires an affirmative vote of | 2539 |
not fewer than six members of the board. | 2540 |
(L) When the board refuses to grant a certificate to an | 2541 |
applicant, revokes an individual's certificate to practice, | 2542 |
refuses to register an applicant, or refuses to reinstate an | 2543 |
individual's certificate to practice, the board may specify that | 2544 |
its action is permanent. An individual subject to a permanent | 2545 |
action taken by the board is forever thereafter ineligible to hold | 2546 |
a certificate to practice and the board shall not accept an | 2547 |
application for reinstatement of the certificate or for issuance | 2548 |
of a new certificate. | 2549 |
(1) The surrender of a certificate issued under this chapter | 2552 |
shall not be effective unless or until accepted by the board. A | 2553 |
telephone conference call may be utilized for acceptance of the | 2554 |
surrender of an individual's certificate to practice. The | 2555 |
telephone conference call shall be considered a special meeting | 2556 |
under division (F) of section 121.22 of the Revised Code. | 2557 |
Reinstatement of a certificate surrendered to the board requires | 2558 |
an affirmative vote of not fewer than six members of the board. | 2559 |
(O) Under the board's investigative duties described in this | 2581 |
section and subject to division (F) of this section, the board | 2582 |
shall develop and implement a quality intervention program | 2583 |
designed to improve through remedial education the clinical and | 2584 |
communication skills of individuals authorized under this chapter | 2585 |
to practice medicine and surgery, osteopathic medicine and | 2586 |
surgery, and podiatric medicine and surgery. In developing and | 2587 |
implementing the quality intervention program, the board may do | 2588 |
all of the following: | 2589 |
Sec. 4731.281. (A) On or before the deadline established | 2610 |
under division (B) of this section for applying for renewal of a | 2611 |
certificate of registration, each person holding a certificate | 2612 |
under this chapter to practice medicine and surgery, osteopathic | 2613 |
medicine and surgery, or podiatric medicine and surgery shall | 2614 |
certify to the state medical board that in the preceding two years | 2615 |
the person has completed one hundred hours of continuing medical | 2616 |
education. The certification shall be made upon the application | 2617 |
for biennial registration submitted pursuant to division (B) of | 2618 |
this section. The board shall adopt rules providing for pro rata | 2619 |
reductions by month of the number of hours of continuing education | 2620 |
required for persons who are in their first registration period, | 2621 |
who have been disabled due to illness or accident, or who have | 2622 |
been absent from the country. | 2623 |
In determining whether a course, program, or activity | 2624 |
qualifies for credit as continuing medical education, the board | 2625 |
shall approve all continuing medical education taken by persons | 2626 |
holding a certificate to practice medicine and surgery that is | 2627 |
certified by the Ohio state medical association, all continuing | 2628 |
medical education taken by persons holding a certificate to | 2629 |
practice osteopathic medicine and surgery that is certified by the | 2630 |
Ohio osteopathic association, and all continuing medical education | 2631 |
taken by persons holding a certificate to practice podiatric | 2632 |
medicine and surgery that is certified by the Ohio podiatric | 2633 |
medical association. Each person holding a certificate to practice | 2634 |
under this chapter shall be given sufficient choice of continuing | 2635 |
education programs to ensure that the person has had a reasonable | 2636 |
opportunity to participate in continuing education programs that | 2637 |
are relevant to the person's medical practice in terms of subject | 2638 |
matter and level. | 2639 |
(B)(1) Every person holding a certificate under this chapter | 2646 |
to practice medicine and surgery, osteopathic medicine and | 2647 |
surgery, or podiatric medicine and surgery wishing to renew that | 2648 |
certificate shall apply to the board for a certificate of | 2649 |
registration upon an application furnished by the board, and pay | 2650 |
to the board at the time of application a fee of three hundred | 2651 |
five dollars, according to the following schedule: | 2652 |
(2) The board shall mail or cause to be mailed to every | 2682 |
person registered to practice medicine and surgery, osteopathic | 2683 |
medicine and surgery, or podiatric medicine and surgery, a notice | 2684 |
of registration renewal addressed to the person's last known | 2685 |
address or may cause the notice to be sent to the person through | 2686 |
the secretary of any recognized medical, osteopathic, or podiatric | 2687 |
society, according to the following schedule: | 2688 |
(6)(a) Except as provided in division (B)(6)(b) of this | 2723 |
section, in the case of an applicant who prescribes or personally | 2724 |
furnishes opioid analgesics or benzodiazepines as part of the | 2725 |
applicant's regular practice of medicine and surgery, osteopathic | 2726 |
medicine and surgery, or podiatric medicine and surgery, the | 2727 |
application shall also include evidence that the applicant has | 2728 |
been granted access to the drug database established and | 2729 |
maintained by the state board of pharmacy pursuant to section | 2730 |
4729.75 of the Revised Code. | 2731 |
(7) The applicant shall include with the application a list | 2740 |
of the names and addresses of any clinical nurse specialists, | 2741 |
certified nurse-midwives, or certified nurse practitioners with | 2742 |
whom the applicant is currently collaborating, as defined in | 2743 |
section 4723.01 of the Revised Code. The applicant shall execute | 2744 |
and deliver the application to the board in a manner prescribed by | 2745 |
the board. Every person registered under this section shall give | 2746 |
written notice to the state medical board of any change of | 2747 |
principal practice address or residence address or in the list | 2748 |
within thirty days of the change. | 2749 |
(D) Failure of any certificate holder to register and comply | 2764 |
with this section shall operate automatically to suspend the | 2765 |
holder's certificate to practice. Continued practice after the | 2766 |
suspension of the certificate to practice shall be considered as | 2767 |
practicing in violation of section 4731.41, 4731.43, or 4731.60 of | 2768 |
the Revised Code. If the certificate has been suspended pursuant | 2769 |
to this division for two years or less, it may be reinstated. The | 2770 |
board shall reinstate a certificate to practice suspended for | 2771 |
failure to register upon an applicant's submission of a renewal | 2772 |
application, the biennial registration fee, and the applicable | 2773 |
monetary penalty. The penalty for reinstatement shall be fifty | 2774 |
dollars. If the certificate has been suspended pursuant to this | 2775 |
division for more than two years, it may be restored. Subject to | 2776 |
section 4731.222 of the Revised Code, the board may restore a | 2777 |
certificate to practice suspended for failure to register upon an | 2778 |
applicant's submission of a restoration application, the biennial | 2779 |
registration fee, and the applicable monetary penalty and | 2780 |
compliance with sections 4776.01 to 4776.04 of the Revised Code. | 2781 |
The board shall not restore to an applicant a certificate to | 2782 |
practice unless the board, in its discretion, decides that the | 2783 |
results of the criminal records check do not make the applicant | 2784 |
ineligible for a certificate issued pursuant to section 4731.14, | 2785 |
4731.56, or 4731.57 of the Revised Code. The penalty for | 2786 |
restoration shall be one hundred dollars. The board shall deposit | 2787 |
the penalties in accordance with section 4731.24 of the Revised | 2788 |
Code. | 2789 |
(E) If an individual certifies completion of the number of | 2790 |
hours and type of continuing medical education required to receive | 2791 |
a certificate of registration or reinstatement of a certificate to | 2792 |
practice, and the board finds through the random samples it | 2793 |
conducts under this section or through any other means that the | 2794 |
individual did not complete the requisite continuing medical | 2795 |
education, the board may impose a civil penalty of not more than | 2796 |
five thousand dollars. The board's finding shall be made pursuant | 2797 |
to an adjudication under Chapter 119. of the Revised Code and by | 2798 |
an affirmative vote of not fewer than six members. | 2799 |
Section 2. That existing sections 4715.14, 4715.30, | 2817 |
4715.302, 4723.28, 4723.486, 4723.487, 4725.092, 4725.16, 4725.19, | 2818 |
4729.12, 4729.80, 4729.86, 4730.25, 4730.48, 4730.53, 4731.055, | 2819 |
4731.22, and 4731.281 of the Revised Code are hereby repealed. | 2820 |
Section 5. As used in this section, "licensed health | 2829 |
professional authorized to prescribe drugs" means an individual | 2830 |
who is authorized by law to prescribe drugs, dangerous drugs, or | 2831 |
drug therapy-related devices in the course of the individual's | 2832 |
professional practice, including only the following: a dentist | 2833 |
licensed under Chapter 4715. of the Revised Code, an advanced | 2834 |
practice registered nurse who holds a certificate to prescribe | 2835 |
issued under Chapter 4723. of the Revised Code, an optometrist | 2836 |
licensed under Chapter 4725. of the Revised Code to practice | 2837 |
optometry under a therapeutic pharmaceutical agents certificate, a | 2838 |
physician assistant who holds a certificate to prescribe issued | 2839 |
under Chapter 4730. of the Revised Code, and a physician | 2840 |
authorized under Chapter 4731. of the Revised Code to practice | 2841 |
medicine and surgery, osteopathic medicine and surgery, or | 2842 |
podiatric medicine and surgery. | 2843 |
Not later than January 1, 2015, each licensed health | 2844 |
professional authorized to prescribe drugs who prescribes opioid | 2845 |
analgesics or benzodiazepines as part of the professional's | 2846 |
regular practice and each pharmacist licensed under Chapter 4729. | 2847 |
of the Revised Code shall obtain access to the drug database | 2848 |
established and maintained by the State Board of Pharmacy pursuant | 2849 |
to section 4729.75 of the Revised Code, unless the Board has | 2850 |
restricted the professional or pharmacist from obtaining | 2851 |
information from the database or the Board no longer maintains the | 2852 |
database. Failure to comply with this section constitutes grounds | 2853 |
for certificate or license suspension. | 2854 |
Section 6. The General Assembly, applying the principle | 2855 |
stated in division (B) of section 1.52 of the Revised Code that | 2856 |
amendments are to be harmonized if reasonably capable of | 2857 |
simultaneous operation, finds that the following sections, | 2858 |
presented in this act as composites of the sections as amended by | 2859 |
the acts indicated, are the resulting versions of the sections in | 2860 |
effect prior to the effective date of the sections as presented in | 2861 |
this act: | 2862 |