As Passed by the Senate

130th General Assembly
Regular Session
2013-2014
Am. Sub. H. B. No. 394


Representatives Smith, Antonio 

Cosponsors: Representatives Wachtmann, Brown, Hagan, R., Schuring, Sears, Sprague, Barnes, Ramos, Baker, Beck, Bishoff, Buchy, Fedor, Hackett, Heard, Hill, Letson, McClain, Milkovich, Patmon, Rogers, Rosenberger, Scherer, Sheehy Speaker Batchelder 

Senators Bacon, Balderson, Beagle, Eklund, Hite, Jones, Kearney, Lehner, Manning, Oelslager, Patton, Peterson, Seitz, Tavares, Uecker, Widener 



A BILL
To amend sections 2925.02, 3701.63, 3701.64, 3719.01, 1
3719.061, 3729.05, 4715.14, 4715.30, 4723.28, 2
4723.481, 4723.486, 4725.16, 4725.19, 4729.12, 3
4729.16, 4729.18, 4729.41, 4729.85, 4729.86, 4
4730.25, 4730.41, 4730.48, 4731.22, 4731.281, 5
4773.03, 4773.08, 5104.015, 5104.017, 5104.018, 6
5165.08, 5165.513, 5165.515, and 5165.99; to enact 7
sections 3701.66, 3701.67, 3701.68, 3702.40, and 8
5104.014; and to repeal sections 4715.15, 9
4723.433, 4730.093, and 4731.77 of the Revised 10
Code to modify the authority of pharmacists and 11
pharmacy interns to administer immunizations; to 12
require the inclusion of certain information in 13
mammography report summaries; to revise the law 14
governing the licensure of recreational vehicle 15
parts, recreation camps, combined park-camps, and 16
temporary park-camps; to generally require 17
immunizations for children enrolled in child care; 18
to create the Commission on Infant Mortality and 19
require the establishment of infant safe sleep 20
procedures and policies; to modify the offense of 21
"corrupting another with drugs"; to require the 22
State Board of Pharmacy to prepare semiannual 23
reports on opioid prescriptions; to revise the 24
laws governing the Ohio Automated Rx Reporting 25
System and opioid prescriptions issued for minors; 26
to require under certain conditions the 27
reinstatement of licenses to practice certain 28
radiologic professions; to eliminate patient 29
notice requirements concerning Lyme disease 30
testing; to revise certain laws on nursing 31
facility admission policies and exclusions from 32
Medicaid provider agreements; to amend the 33
versions of sections 4715.30, 4715.302, 4723.28, 34
4723.487, 4725.092, 4725.19, 4730.25, 4730.53, 35
4731.055, and 4731.22 of the Revised Code that are 36
scheduled to take effect April 1, 2015, to 37
continue the provisions of this act on and after 38
that effective date; and to declare an emergency.39


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

       Section 1.  That sections 2925.02, 3701.63, 3701.64, 3719.01, 40
3719.061, 3729.05, 4715.14, 4715.30, 4723.28, 4723.481, 4723.486, 41
4725.16, 4725.19, 4729.12, 4729.16, 4729.18, 4729.41, 4729.85, 42
4729.86, 4730.25, 4730.41, 4730.48, 4731.22, 4731.281, 4773.03, 43
4773.08, 5104.015, 5104.017, 5104.018, 5165.08, 5165.513, 44
5165.515, and 5165.99 be amended and sections 3701.66, 3701.67, 45
3701.68, 3702.40, and 5104.014 of the Revised Code be enacted to 46
read as follows:47

       Sec. 2925.02.  (A) No person shall knowingly do any of the 48
following:49

       (1) By force, threat, or deception, administer to another or 50
induce or cause another to use a controlled substance;51

       (2) By any means, administer or furnish to another or induce 52
or cause another to use a controlled substance with purpose to 53
cause serious physical harm to the other person, or with purpose 54
to cause the other person to become drug dependent;55

       (3) By any means, administer or furnish to another or induce 56
or cause another to use a controlled substance, and thereby cause 57
serious physical harm to the other person, or cause the other 58
person to become drug dependent;59

       (4) By any means, do any of the following:60

       (a) Furnish or administer a controlled substance to a 61
juvenile who is at least two years the offender's junior, when the 62
offender knows the age of the juvenile or is reckless in that 63
regard;64

       (b) Induce or cause a juvenile who is at least two years the 65
offender's junior to use a controlled substance, when the offender 66
knows the age of the juvenile or is reckless in that regard;67

       (c) Induce or cause a juvenile who is at least two years the 68
offender's junior to commit a felony drug abuse offense, when the 69
offender knows the age of the juvenile or is reckless in that 70
regard;71

       (d) Use a juvenile, whether or not the offender knows the age 72
of the juvenile, to perform any surveillance activity that is 73
intended to prevent the detection of the offender or any other 74
person in the commission of a felony drug abuse offense or to 75
prevent the arrest of the offender or any other person for the 76
commission of a felony drug abuse offense.77

       (5) By any means, furnish or administer a controlled 78
substance to a pregnant woman or induce or cause a pregnant woman 79
to use a controlled substance, when the offender knows that the 80
woman is pregnant or is reckless in that regard.81

       (B) Division (A)(1), (3), or (4), or (5) of this section does 82
not apply to manufacturers, wholesalers, licensed health 83
professionals authorized to prescribe drugs, pharmacists, owners 84
of pharmacies, and other persons whose conduct is in accordance 85
with Chapters 3719., 4715., 4723., 4729., 4730., 4731., and 4741. 86
of the Revised Code.87

       (C) Whoever violates this section is guilty of corrupting 88
another with drugs. The penalty for the offense shall be 89
determined as follows:90

       (1) Except as otherwise provided in this division, ifIf the 91
offense is a violation of division (A)(1), (2), (3), or (4) of 92
this section and the drug involved is any compound, mixture, 93
preparation, or substance included in schedule I or II, with the 94
exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole, 95
1-Butyl-3-(1-naphthoyl)indole, 96
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole, 97
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and 98
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, the 99
offender shall be punished as follows:100

       (a) Except as otherwise provided in division (C)(1)(b) of 101
this section, corrupting another with drugs committed in those 102
circumstances is a felony of the second degree, and, subject to 103
division (E) of this section, the court shall impose as a 104
mandatory prison term one of the prison terms prescribed for a 105
felony of the second degree. If the drug involved is any compound, 106
mixture, preparation, or substance included in schedule I or II, 107
with the exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole, 108
1-Butyl-3-(1-naphthoyl)indole, 109
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole, 110
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or 111
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and 112
if113

       (b) If the offense was committed in the vicinity of a school, 114
corrupting another with drugs committed in those circumstances is 115
a felony of the first degree, and, subject to division (E) of this 116
section, the court shall impose as a mandatory prison term one of 117
the prison terms prescribed for a felony of the first degree.118

       (2) Except as otherwise provided in this division, ifIf the 119
offense is a violation of division (A)(1), (2), (3), or (4) of 120
this section and the drug involved is any compound, mixture, 121
preparation, or substance included in schedule III, IV, or V, the 122
offender shall be punished as follows:123

       (a) Except as otherwise provided in division (C)(2)(b) of 124
this section, corrupting another with drugs committed in those 125
circumstances is a felony of the second degree, and there is a 126
presumption for a prison term for the offense. If the drug 127
involved is any compound, mixture, preparation, or substance 128
included in schedule III, IV, or V and if129

       (b) If the offense was committed in the vicinity of a school, 130
corrupting another with drugs committed in those circumstances is 131
a felony of the second degree, and the court shall impose as a 132
mandatory prison term one of the prison terms prescribed for a 133
felony of the second degree.134

       (3) Except as otherwise provided in this division, ifIf the 135
offense is a violation of division (A)(1), (2), (3), or (4) of 136
this section and the drug involved is marihuana, 137
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole, 138
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole, 139
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or 140
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, the 141
offender shall be punished as follows:142

       (a) Except as otherwise provided in division (C)(3)(b) of 143
this section, corrupting another with drugs committed in those 144
circumstances is a felony of the fourth degree, and division (C) 145
of section 2929.13 of the Revised Code applies in determining 146
whether to impose a prison term on the offender. If the drug 147
involved is marihuana, 1-Pentyl-3-(1-naphthoyl)indole, 148
1-Butyl-3-(1-naphthoyl)indole, 149
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole, 150
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or 151
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and 152
if153

       (b) If the offense was committed in the vicinity of a school, 154
corrupting another with drugs committed in those circumstances is 155
a felony of the third degree, and division (C) of section 2929.13 156
of the Revised Code applies in determining whether to impose a 157
prison term on the offender.158

       (4) If the offense is a violation of division (A)(5) of this 159
section and the drug involved is any compound, mixture, 160
preparation, or substance included in schedule I or II, with the 161
exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole, 162
1-Butyl-3-(1-naphthoyl)indole, 163
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole, 164
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and 165
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, 166
corrupting another with drugs is a felony of the first degree and, 167
subject to division (E) of this section, the court shall impose as 168
a mandatory prison term one of the prison terms prescribed for a 169
felony of the first degree.170

       (5) If the offense is a violation of division (A)(5) of this 171
section and the drug involved is any compound, mixture, 172
preparation, or substance included in schedule III, IV, or V, 173
corrupting another with drugs is a felony of the second degree and 174
the court shall impose as a mandatory prison term one of the 175
prison terms prescribed for a felony of the second degree. 176

       (6) If the offense is a violation of division (A)(5) of this 177
section and the drug involved is marihuana, 178
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole, 179
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole, 180
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or 181
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, 182
corrupting another with drugs is a felony of the third degree and 183
division (C) of section 2929.13 of the Revised Code applies in 184
determining whether to impose a prison term on the offender. 185

       (D) In addition to any prison term authorized or required by 186
division (C) or (E) of this section and sections 2929.13 and 187
2929.14 of the Revised Code and in addition to any other sanction 188
imposed for the offense under this section or sections 2929.11 to 189
2929.18 of the Revised Code, the court that sentences an offender 190
who is convicted of or pleads guilty to a violation of division 191
(A) of this section or the clerk of that court shall do all of the 192
following that are applicable regarding the offender:193

       (1)(a) If the violation is a felony of the first, second, or 194
third degree, the court shall impose upon the offender the 195
mandatory fine specified for the offense under division (B)(1) of 196
section 2929.18 of the Revised Code unless, as specified in that 197
division, the court determines that the offender is indigent.198

       (b) Notwithstanding any contrary provision of section 3719.21 199
of the Revised Code, any mandatory fine imposed pursuant to 200
division (D)(1)(a) of this section and any fine imposed for a 201
violation of this section pursuant to division (A) of section 202
2929.18 of the Revised Code shall be paid by the clerk of the 203
court in accordance with and subject to the requirements of, and 204
shall be used as specified in, division (F) of section 2925.03 of 205
the Revised Code.206

       (c) If a person is charged with any violation of this section 207
that is a felony of the first, second, or third degree, posts 208
bail, and forfeits the bail, the forfeited bail shall be paid by 209
the clerk of the court pursuant to division (D)(1)(b) of this 210
section as if it were a fine imposed for a violation of this 211
section.212

       (2) The court shall suspend for not less than six months nor 213
more than five years the offender's driver's or commercial 214
driver's license or permit. If an offender's driver's or 215
commercial driver's license or permit is suspended pursuant to 216
this division, the offender, at any time after the expiration of 217
two years from the day on which the offender's sentence was 218
imposed or from the day on which the offender finally was released 219
from a prison term under the sentence, whichever is later, may 220
file a motion with the sentencing court requesting termination of 221
the suspension. Upon the filing of the motion and the court's 222
finding of good cause for the termination, the court may terminate 223
the suspension.224

       (3) If the offender is a professionally licensed person, in 225
addition to any other sanction imposed for a violation of this 226
section, the court immediately shall comply with section 2925.38 227
of the Revised Code.228

       (E) Notwithstanding the prison term otherwise authorized or 229
required for the offense under division (C) of this section and 230
sections 2929.13 and 2929.14 of the Revised Code, if the violation 231
of division (A) of this section involves the sale, offer to sell, 232
or possession of a schedule I or II controlled substance, with the 233
exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole, 234
1-Butyl-3-(1-naphthoyl)indole, 235
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole, 236
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and 237
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and 238
if the court imposing sentence upon the offender finds that the 239
offender as a result of the violation is a major drug offender and 240
is guilty of a specification of the type described in section 241
2941.1410 of the Revised Code, the court, in lieu of the prison 242
term that otherwise is authorized or required, shall impose upon 243
the offender the mandatory prison term specified in division 244
(B)(3)(a) of section 2929.14 of the Revised Code.245

       Sec. 3701.63. (A) As used in this section and section246
sections 3701.64, 3701.66, and 3701.67 of the Revised Code:247

        (1) "Child day-care center," "type A family day-care home," 248
and "licensed type B family day-care home" have the same meanings 249
as in section 5104.01 of the Revised Code.250

       (2) "Child care facility" means a child day-care center, a 251
type A family day-care home, or a licensed type B family day-care 252
home.253

        (3) "Foster caregiver" has the same meaning as in section 254
5103.02 of the Revised Code.255

       (4) "Freestanding birthing center" has the same meaning as in 256
section 3702.141 of the Revised Code.257

       (4)(5) "Hospital" means a hospital classified pursuant to 258
rules adopted under section 3701.07 of the Revised Code as a 259
general hospital or children's hospital and to which either of the 260
following applies:261

       (a) The hospital has a maternity unit.262

       (b) The hospital receives for care infants who have been 263
transferred to it from other facilities and who have never been 264
discharged to their residences following birth.265

       (5)(6) "Infant" means a child who is less than one year of 266
age.267

       (7) "Maternity unit" means any unit or place inthe distinct 268
portion of a hospital where women are regularly received and 269
provided care during all or part of the maternity cycle, except 270
that "maternity unit" does not include an emergency department or 271
similar place dedicated to providing emergency health care272
licensed as a maternity unit under Chapter 3711. of the Revised 273
Code.274

       (6)(8) "Other person responsible for the infant" includes a 275
foster caregiver.276

       (9) "Parent" means either parent, unless the parents are 277
separated or divorced or their marriage has been dissolved or 278
annulled, in which case "parent" means the parent who is the 279
residential parent and legal custodian of the child. "Parent" also 280
means a prospective adoptive parent with whom a child is placed.281

       (7)(10) "Shaken baby syndrome" means signs and symptoms, 282
including, but not limited to, retinal hemorrhages in one or both 283
eyes, subdural hematoma, or brain swelling, resulting from the 284
violent shaking or the shaking and impacting of the head of an 285
infant or small child.286

        (B) The director of health shall establish the shaken baby 287
syndrome education program by doing all of the following:288

       (1) By not later than one year after February 29, 2008, 289
developingDeveloping educational materials that present readily 290
comprehendible information on shaken baby syndrome;291

        (2) Making available on the department of health web site in 292
an easily accessible format the educational materials developed 293
under division (B)(1) of this section;294

        (3) Beginning in 2009, annuallyAnnually assessing the 295
effectiveness of the shaken baby syndrome education program by 296
evaluating the reports received pursuant to section 5101.135 of 297
the Revised Code.298

       (C) In meeting the requirements under division (B) of this 299
section, the director shall not develop educational materials that 300
will impose an, to the extent possible, minimize administrative or 301
financial burdenburdens on any of the entities or persons listed 302
in section 3701.64 of the Revised Code.303

       Sec. 3701.64.  (A) A copy of the shaken baby syndrome 304
educational materials developed under section 3701.63 of the 305
Revised Code shall be distributed in the following manner:306

       (1) By child birth educators and the staff of pediatric 307
physicians' offices and obstetriciansobstetricians' offices, to 308
an expectant parent who uses their services;309

       (2) By the staff of pediatric physicians' offices, to any of 310
the following who use their services: an infant's parent, 311
guardian, or other person responsible for the infant;312

       (3) By the staff of a hospital or freestanding birthing 313
center in which a child is born, to the child'san infant's314
parent, guardian, or other person responsible for the infant,315
before the child is discharged from the facility to the infant's 316
residence following birth;317

       (3)(4) By the staff of the "help me grow" program established 318
pursuant to section 3701.61 of the Revised Code, to the child'san 319
infant's parent, guardian, or other person responsible for the 320
infant, during home-visiting services conducted in accordance with 321
that section; 322

       (4)(5) By each child care facility operating in this state, 323
to each of its employees;324

       (6) By a public children services agency, when the agency has 325
initial contact with an infant's parent, guardian, or other person 326
responsible for the infant.327

       (B) EachAn entity andor person required to distribute 328
educational materials pursuant to division (A) of this section is 329
immune from anynot liable for damages in a civil and criminal 330
liabilityaction for injury, death, or loss to person or property 331
resultingthat allegedly arises from an act or omission associated 332
with the dissemination of, or failure to disseminate, those 333
educational materials unless the act or omission constitutes 334
willful or wanton misconduct.335

       An entity or person required to distribute educational 336
materials in accordance with division (A) of this section is not 337
subject to criminal prosecution or, to the extent that a person is 338
regulated under Title XLVII of the Revised Code, professional 339
disciplinary action under that title, for an act or omission 340
associated with the dissemination of those educational materials.341

       This division does not eliminate, limit, or reduce any other 342
immunity or defense that an entity or person may be entitled to 343
under Chapter 2744. of the Revised Code, or any other provision of 344
the Revised Code, or the common law of this state.345

       Sec. 3701.66.  (A) As used in this section, "sudden 346
unexpected infant death" means the death of an infant that occurs 347
suddenly and unexpectedly, the cause of which is not immediately 348
obvious prior to investigation.349

       (B) The department of health shall establish the safe sleep 350
education program by doing all of the following:351

       (1) By not later than sixty days after the effective date of 352
this section, developing educational materials that present 353
readily comprehendible information on safe sleeping practices for 354
infants and possible causes of sudden unexpected infant death;355

        (2) Making available on the department's internet web site in 356
an easily accessible format the educational materials developed 357
under division (B)(1) of this section;358

       (3) Beginning in 2015, annually assessing the effectiveness 359
of the safe sleep education program by evaluating the reports 360
submitted by child fatality review boards to the department 361
pursuant to section 307.626 of the Revised Code.362

       (C) In meeting the requirements under division (B) of this 363
section, the department shall develop educational materials that, 364
to the extent possible, minimize administrative or financial 365
burdens on any of the entities or persons required by division (D) 366
of this section to distribute the materials.367

       (D) A copy of the safe sleep educational materials developed 368
under this section shall be distributed by entities and persons 369
with and in the same manner as the shaken baby syndrome 370
educational materials are distributed pursuant to section 3701.64 371
of the Revised Code.372

       An entity or person required to distribute the educational 373
materials is not liable for damages in a civil action for injury, 374
death, or loss to person or property that allegedly arises from an 375
act or omission associated with the dissemination of those 376
educational materials unless the act or omission constitutes 377
willful or wanton misconduct.378

       An entity or person required to distribute the educational 379
materials is not subject to criminal prosecution or, to the extent 380
that a person is regulated under Title XLVII of the Revised Code, 381
professional disciplinary action under that title, for an act or 382
omission associated with the dissemination of those educational 383
materials.384

       This division does not eliminate, limit, or reduce any other 385
immunity or defense that an entity or person may be entitled to 386
under Chapter 2744. of the Revised Code, or any other provision of 387
the Revised Code, or the common law of this state.388

       (E) Each entity or person that is required to distribute the 389
educational materials and has infants regularly sleeping at a 390
facility or location under the entity's or person's control shall 391
adopt an internal infant safe sleep policy. The policy shall 392
specify when and to whom educational materials on infant safe 393
sleep practices are to be delivered to individuals working or 394
volunteering at the facility or location and be consistent with 395
the model internal infant safe sleep policy adopted under division 396
(F) of this section. 397

       (F) The director of health shall adopt a model internal 398
infant safe sleep policy for use by entities and persons that must 399
comply with division (E) of this section. The policy shall specify 400
safe infant sleep practices, include images depicting safe infant 401
sleep practices, and specify sample content for an infant safe 402
sleep education program that entities and persons may use when 403
conducting new staff orientation programs. 404

       Sec. 3701.67. (A) As used in this section:405

       (1) "Contractor" means a person who provides personal 406
services pursuant to a contract.407

       (2) "Critical access hospital" means a facility designated as 408
a critical access hospital by the director of health under section 409
3701.073 of the Revised Code.410

       (3) "Crib" includes a portable play yard or other suitable 411
sleeping place.412

       (B) Each hospital and freestanding birthing center shall 413
implement an infant safe sleep screening procedure. The purpose of 414
the procedure is to determine whether there will be a safe crib 415
for an infant to sleep in once the infant is discharged from the 416
facility to the infant's residence following birth. The procedure 417
shall consist of questions that facility staff or volunteers must 418
ask the infant's parent, guardian, or other person responsible for 419
the infant regarding the infant's intended sleeping place and 420
environment.421

        The director of health shall develop questions that 422
facilities may use when implementing the infant safe sleep 423
screening procedure required by this division. The director may 424
consult with persons and government entities that have expertise 425
in infant safe sleep practices when developing the questions. 426

       (C) If, prior to an infant's discharge from a facility to the 427
infant's residence following birth, a facility other than a 428
critical access hospital or a facility identified under division 429
(D) of this section determines through the procedure implemented 430
under division (B) of this section that the infant is unlikely to 431
have a safe crib at the infant's residence, the facility shall 432
make a good faith effort to arrange for the parent, guardian, or 433
other person responsible for the infant to obtain a safe crib at 434
no charge to that individual. In meeting this requirement, the 435
facility may do any of the following:436

       (1) Obtain a safe crib with its own resources;437

       (2) Collaborate with or obtain assistance from persons or 438
government entities that are able to procure a safe crib or 439
provide money to purchase a safe crib;440

       (3) Refer the parent, guardian, or other person responsible 441
for the infant to a person or government entity described in 442
division (C)(2) of this section to obtain a safe crib free of 443
charge from that source;444

        (4) If funds are available for the cribs for kids program or 445
a successor program administered by the department of health, 446
refer the parent, guardian, or other person responsible for the 447
infant to a site, designated by the department for purposes of the 448
program, at which a safe crib may be obtained at no charge.449

       (D) The director of health shall identify the facilities in 450
this state that are not critical access hospitals and are not 451
served by a site described in division (C)(4) of this section. The 452
director shall identify not less than annually the facilities that 453
meet both criteria and notify those that do so. 454

       (E) When a facility that is a hospital registers with the 455
department of health under section 3701.07 of the Revised Code or 456
a facility that is a freestanding birthing center renews its 457
license in accordance with rules adopted under section 3702.30 of 458
the Revised Code, the facility shall report the following 459
information to the department in a manner the department 460
prescribes:461

       (1) The number of safe cribs that the facility obtained and 462
distributed by using its own resources as described in division 463
(C)(1) of this section since the last time the facility reported 464
this information to the department;465

       (2) The number of safe cribs that the facility obtained and 466
distributed by collaborating with or obtaining assistance from 467
another person or government entity as described in division 468
(C)(2) of this section since the last time the facility reported 469
this information to the department;470

       (3) The number of referrals that the facility made to a 471
person or government entity as described in division (C)(3) of 472
this section since the last time the facility reported this 473
information to the department;474

        (4) The number of referrals that the facility made to a site 475
designated by the department as described in division (C)(4) of 476
this section since the last time the facility reported this 477
information to the department;478

       (5) Demographic information specified by the director of 479
health regarding the individuals to whom safe cribs were 480
distributed as described in division (E)(1) or (2) of this section 481
or for whom a referral described in division (E)(3) or (4) of this 482
section was made;483

       (6) In the case of a critical access hospital or a facility 484
identified under division (D) of this section, demographic 485
information specified by the director of health regarding each 486
parent, guardian, or other person responsible for the infant 487
determined to be unlikely to have a safe crib at the infant's 488
residence pursuant to the procedure implemented under division (B) 489
of this section;490

       (7) Any other information collected by the facility regarding 491
infant sleep environments and intended infant sleep environments 492
that the director determines to be appropriate. 493

       (F) Not later than July 1 of each year beginning in 2015, the 494
director of health shall prepare a written report that summarizes 495
the information collected under division (E) of this section for 496
the preceding twelve months and provides any other information the 497
director considers appropriate for inclusion in the report. On 498
completion, the report shall be submitted to the governor and, in 499
accordance with section 101.68 of the Revised Code, the general 500
assembly.501

       (G) A facility, and any employee, contractor, or volunteer of 502
a facility, that implements an infant safe sleep procedure in 503
accordance with division (B) of this section is not liable for 504
damages in a civil action for injury, death, or loss to person or 505
property that allegedly arises from an act or omission associated 506
with implementation of the procedure, unless the act or omission 507
constitutes willful or wanton misconduct.508

       A facility, and any employee, contractor, or volunteer of a 509
facility, that implements an infant safe sleep screening procedure 510
in accordance with division (B) of this section is not subject to 511
criminal prosecution or, to the extent that a person is regulated 512
under Title XLVII of the Revised Code, professional disciplinary 513
action under that title, for an act or omission associated with 514
implementation of the procedure.515

       This division does not eliminate, limit, or reduce any other 516
immunity or defense that a facility, or an employee, contractor, 517
or volunteer of a facility, may be entitled to under Chapter 2744. 518
of the Revised Code, or any other provision of the Revised Code, 519
or the common law of this state.520

       Sec. 3701.68.  (A) As used in this section:521

        (1) "Academic medical center" means a medical school and its 522
affiliated teaching hospitals.523

        (2) "State registrar" has the same meaning as in section 524
3705.01 of the Revised Code.525

        (B) There is hereby created the commission on infant 526
mortality. The commission shall do all of the following:527

       (1) Conduct a complete inventory of services provided or 528
administered by the state that are available to address the infant 529
mortality rate in this state;530

       (2) For each service identified under division (B)(1) of this 531
section, determine both of the following:532

       (a) The sources of the funds that are used to pay for the 533
service;534

       (b) Whether the service and its funding sources have a 535
connection with programs provided or administered by local or 536
community-based public or private entities and, to the extent they 537
do not, whether they should.538

       (3) With assistance from academic medical centers, track and 539
analyze infant mortality rates by county for the purpose of 540
determining the impact of state and local initiatives to reduce 541
those rates.542

       (C) The commission shall consist of the following members:543

       (1) Two members of the senate, one from the majority party 544
and one from the minority party, each appointed by the senate 545
president;546

       (2) Two members of the house of representatives, one from the 547
majority party and one from the minority party, each appointed by 548
the speaker of the house of representatives;549

       (3) The executive director of the office of health 550
transformation or the executive director's designee;551

       (4) The medicaid director or the director's designee;552

       (5) The director of health or the director's designee;553

       (6) The executive director of the commission on minority 554
health or the executive director's designee;555

       (7) The attorney general or the attorney general's designee;556

       (8) A health commissioner of a city or general health 557
district, appointed by the governor;558

       (9) A coroner, deputy coroner, or other person who conducts 559
death scene investigations, appointed by the governor;560

       (10) An individual who represents the Ohio hospital 561
association, appointed by the association's president;562

       (11) An individual who represents the Ohio children's 563
hospital association, appointed by the association's president;564

       (12) Two individuals who represent community-based programs 565
that serve pregnant women or new mothers whose infants tend to be 566
at a higher risk for infant mortality, appointed by the governor.567

       (D) The commission members described in divisions (C)(1), 568
(2), (8), (9), (10), (11), and (12) of this section shall be 569
appointed not later than thirty days after the effective date of 570
this section. An appointed member shall hold office until a 571
successor is appointed. A vacancy shall be filled in the same 572
manner as the original appointment.573

       From among the members, the president of the senate and 574
speaker of the house of representatives shall appoint two to serve 575
as co-chairpersons of the commission.576

       A member shall serve without compensation except to the 577
extent that serving on the commission is considered part of the 578
member's regular duties of employment.579

       (E) The commission may request assistance from the staff of 580
the legislative service commission.581

       (F) For purposes of division (B)(3) of this section, the 582
state registrar shall ensure that the commission and academic 583
medical centers located in this state have access to any 584
electronic system of vital records the state registrar or 585
department of health maintains, including the Ohio public health 586
information warehouse. Not later than six months after the 587
effective date of this section, the commission on infant mortality 588
shall prepare a written report of its findings and recommendations 589
concerning the matters described in division (B) of this section. 590
On completion, the commission shall submit the report to the 591
governor and, in accordance with section 101.68 of the Revised 592
Code, the general assembly.593

       (G) The president of the senate and speaker of the house of 594
representatives shall determine the responsibilities of the 595
commission following submission of the report under division (F) 596
of this section.597

       (H) The commission is not subject to sections 101.82 to 598
101.87 of the Revised Code.599

       Sec. 3702.40.  (A) As used in this section, "mammogram" and 600
"facility" have the same meanings as in section 263b(a) of the 601
"Mammography Quality Standards Act of 1992," 106 Stat. 3547 602
(1992), 42 U.S.C. 263b(a), as amended.603

        (B) As required by 21 C.F.R. 900.12(c)(2), a facility shall 604
send to each patient who has a mammogram at the facility a summary 605
of the written report containing the results of the patient's 606
mammogram. If, based on the breast imaging reporting and data 607
system established by the American college of radiology, the 608
patient's mammogram demonstrates that the patient has dense breast 609
tissue, the summary shall include the following statement:610

        "Your mammogram demonstrates that you have dense breast 611
tissue, which could hide abnormalities. Dense breast tissue, in 612
and of itself, is a relatively common condition. Therefore, this 613
information is not provided to cause undue concern; rather, it is 614
to raise your awareness and promote discussion with your health 615
care provider regarding the presence of dense breast tissue in 616
addition to other risk factors."617

       As required by 21 C.F.R. 900.12(c)(3), the facility shall 618
send to the patient's health care provider, if known, a copy of 619
the written report containing the results of the patient's 620
mammogram not later than thirty days after the mammogram was 621
performed.622

        (C) This section does not do either of the following:623

        (1) Create a new cause of action or substantive legal right 624
against a person, facility, or other entity;625

        (2) Create a standard of care, obligation, or duty for a 626
person, facility, or other entity that would provide the basis for 627
a cause of action or substantive legal right, other than the duty 628
to send the summary and written report described in division (B) 629
of this section.630

       Sec. 3719.01.  As used in this chapter:631

       (A) "Administer" means the direct application of a drug, 632
whether by injection, inhalation, ingestion, or any other means to 633
a person or an animal.634

       (B) "Drug enforcement administration" means the drug 635
enforcement administration of the United States department of 636
justice or its successor agency.637

       (C) "Controlled substance" means a drug, compound, mixture, 638
preparation, or substance included in schedule I, II, III, IV, or 639
V.640

       (D) "Dangerous drug" has the same meaning as in section 641
4729.01 of the Revised Code.642

       (E) "Dispense" means to sell, leave with, give away, dispose 643
of, or deliver.644

       (F) "Distribute" means to deal in, ship, transport, or 645
deliver but does not include administering or dispensing a drug.646

       (G) "Drug" has the same meaning as in section 4729.01 of the 647
Revised Code.648

       (H) "Drug abuse offense," "felony drug abuse offense," 649
"cocaine," and "hashish" have the same meanings as in section 650
2925.01 of the Revised Code.651

       (I) "Federal drug abuse control laws" means the 652
"Comprehensive Drug Abuse Prevention and Control Act of 1970," 84 653
Stat. 1242, 21 U.S.C. 801, as amended.654

       (J) "Hospital" means an institution for the care and 655
treatment of the sick and injured that is certified by the 656
department of health and approved by the state board of pharmacy 657
as proper to be entrusted with the custody of controlled 658
substances and the professional use of controlled substances.659

       (K) "Hypodermic" means a hypodermic syringe or needle, or 660
other instrument or device for the injection of medication.661

       (L) "Isomer," except as otherwise expressly stated, means the 662
optical isomer.663

       (M) "Laboratory" means a laboratory approved by the state 664
board of pharmacy as proper to be entrusted with the custody of 665
controlled substances and the use of controlled substances for 666
scientific and clinical purposes and for purposes of instruction.667

       (N) "Manufacturer" means a person who manufactures a 668
controlled substance, as "manufacture" is defined in section 669
3715.01 of the Revised Code.670

       (O) "Marihuana" means all parts of a plant of the genus 671
cannabis, whether growing or not; the seeds of a plant of that 672
type; the resin extracted from a part of a plant of that type; and 673
every compound, manufacture, salt, derivative, mixture, or 674
preparation of a plant of that type or of its seeds or resin. 675
"Marihuana" does not include the mature stalks of the plant, fiber 676
produced from the stalks, oils or cake made from the seeds of the 677
plant, or any other compound, manufacture, salt, derivative, 678
mixture, or preparation of the mature stalks, except the resin 679
extracted from the mature stalks, fiber, oil or cake, or the 680
sterilized seed of the plant that is incapable of germination.681

       (P) "Narcotic drugs" means coca leaves, opium, isonipecaine, 682
amidone, isoamidone, ketobemidone, as defined in this division, 683
and every substance not chemically distinguished from them and 684
every drug, other than cannabis, that may be included in the 685
meaning of "narcotic drug" under the federal drug abuse control 686
laws. As used in this division:687

       (1) "Coca leaves" includes cocaine and any compound, 688
manufacture, salt, derivative, mixture, or preparation of coca 689
leaves, except derivatives of coca leaves, that does not contain 690
cocaine, ecgonine, or substances from which cocaine or ecgonine 691
may be synthesized or made. 692

       (2) "Isonipecaine" means any substance identified chemically 693
as 1-methyl-4-phenyl-piperidine-4-carboxylic acid ethyl ester, or 694
any salt thereof, by whatever trade name designated. 695

       (3) "Amidone" means any substance identified chemically as 696
4-4-diphenyl-6-dimethylamino-heptanone-3, or any salt thereof, by 697
whatever trade name designated. 698

       (4) "Isoamidone" means any substance identified chemically as 699
4-4-diphenyl-5-methyl-6-dimethylaminohexanone-3, or any salt 700
thereof, by whatever trade name designated. 701

       (5) "Ketobemidone" means any substance identified chemically 702
as 4-(3-hydroxyphenyl)-1-methyl-4-piperidyl ethyl ketone 703
hydrochloride, or any salt thereof, by whatever trade name 704
designated.705

       (Q) "Official written order" means an order written on a form 706
provided for that purpose by the director of the United States 707
drug enforcement administration, under any laws of the United 708
States making provision for the order, if the order forms are 709
authorized and required by federal law.710

       (R) "Opiate" means any substance having an addiction-forming 711
or addiction-sustaining liability similar to morphine or being 712
capable of conversion into a drug having addiction-forming or 713
addiction-sustaining liability. "Opiate" does not include, unless 714
specifically designated as controlled under section 3719.41 of the 715
Revised Code, the dextrorotatory isomer of 716
3-methoxy-N-methylmorphinan and its salts (dextro-methorphan). 717
"Opiate" does include its racemic and levoratory forms.718

       (S) "Opium poppy" means the plant of the species papaver 719
somniferum L., except its seeds.720

       (T) "Person" means any individual, corporation, government, 721
governmental subdivision or agency, business trust, estate, trust, 722
partnership, association, or other legal entity.723

       (U) "Pharmacist" means a person licensed under Chapter 4729. 724
of the Revised Code to engage in the practice of pharmacy.725

       (V) "Pharmacy" has the same meaning as in section 4729.01 of 726
the Revised Code.727

       (W) "Poison" means any drug, chemical, or preparation likely 728
to be deleterious or destructive to adult human life in quantities 729
of four grams or less.730

       (X) "Poppy straw" means all parts, except the seeds, of the 731
opium poppy, after mowing.732

       (Y) "Licensed health professional authorized to prescribe 733
drugs," "prescriber," and "prescription" have the same meanings as 734
in section 4729.01 of the Revised Code.735

       (Z) "Registry number" means the number assigned to each 736
person registered under the federal drug abuse control laws.737

       (AA) "Sale" includes delivery, barter, exchange, transfer, or 738
gift, or offer thereof, and each transaction of those natures made 739
by any person, whether as principal, proprietor, agent, servant, 740
or employee.741

       (BB) "Schedule I," "schedule II," "schedule III," "schedule 742
IV," and "schedule V" mean controlled substance schedules I, II, 743
III, IV, and V, respectively, established pursuant to section 744
3719.41 of the Revised Code, as amended pursuant to section 745
3719.43 or 3719.44 of the Revised Code.746

       (CC) "Wholesaler" means a person who, on official written 747
orders other than prescriptions, supplies controlled substances 748
that the person has not manufactured, produced, or prepared 749
personally and includes a "wholesale distributor of dangerous 750
drugs" as defined in section 4729.01 of the Revised Code.751

       (DD) "Animal shelter" means a facility operated by a humane 752
society or any society organized under Chapter 1717. of the 753
Revised Code or a dog pound operated pursuant to Chapter 955. of 754
the Revised Code.755

       (EE) "Terminal distributor of dangerous drugs" has the same 756
meaning as in section 4729.01 of the Revised Code.757

       (FF) "Category III license" means a license issued to a 758
terminal distributor of dangerous drugs as set forth in section 759
4729.54 of the Revised Code.760

       (GG) "Prosecutor" has the same meaning as in section 2935.01 761
of the Revised Code.762

       (HH)(1) "Controlled substance analog" means, except as 763
provided in division (HH)(2) of this section, a substance to which 764
both of the following apply:765

       (a) The chemical structure of the substance is substantially 766
similar to the structure of a controlled substance in schedule I 767
or II.768

       (b) One of the following applies regarding the substance:769

       (i) The substance has a stimulant, depressant, or 770
hallucinogenic effect on the central nervous system that is 771
substantially similar to or greater than the stimulant, 772
depressant, or hallucinogenic effect on the central nervous system 773
of a controlled substance in schedule I or II. 774

       (ii) With respect to a particular person, that person 775
represents or intends the substance to have a stimulant, 776
depressant, or hallucinogenic effect on the central nervous system 777
that is substantially similar to or greater than the stimulant, 778
depressant, or hallucinogenic effect on the central nervous system 779
of a controlled substance in schedule I or II. 780

       (2) "Controlled substance analog" does not include any of the 781
following: 782

       (a) A controlled substance;783

       (b) Any substance for which there is an approved new drug 784
application; 785

       (c) With respect to a particular person, any substance if an 786
exemption is in effect for investigational use for that person 787
pursuant to federal law to the extent that conduct with respect to 788
that substance is pursuant to that exemption;789

       (d) Any substance to the extent it is not intended for human 790
consumption before the exemption described in division (HH)(2)(b) 791
of this section takes effect with respect to that substance.792

       (II) "Benzodiazepine" means a controlled substance that has 793
United States food and drug administration approved labeling 794
indicating that it is a benzodiazepine, benzodiazepine derivative, 795
triazolobenzodiazepine, or triazolobenzodiazepine derivative, 796
including the following drugs and their varying salt forms or 797
chemical congeners: alprazolam, chlordiazepoxide hydrochloride, 798
clobazam, clonazepam, clorazepate, diazepam, estazolam, flurazepam 799
hydrochloride, lorazepam, midazolam, oxazepam, quazepam, 800
temazepam, and triazolam.801

       (JJ) "Opioid analgesic" means a controlled substance that has 802
analgesic pharmacologic activity at the opioid receptors of the 803
central nervous system, including the following drugs and their 804
varying salt forms or chemical congeners: buprenorphine, 805
butorphanol, codeine (including acetaminophen and other 806
combination products), dihydrocodeine, fentanyl, hydrocodone 807
(including acetaminophen combination products), hydromorphone, 808
meperidine, methadone, morphine sulfate, oxycodone (including 809
acetaminophen, aspirin, and other combination products), 810
oxymorphone, tapentadol, and tramadol.811

       (KK) "Emergency facility" means a hospital emergency 812
department or any other facility that provides emergency care.813

       Sec. 3719.061.  (A)(1) As used in this section:814

       (a) "Another adult authorized to consent to the minor's 815
medical treatment" means an adult to whom a minor's parent or 816
guardian has given written authorization to consent to the minor's 817
medical treatment.818

       (b) "Medical emergency" means a situation that in a 819
prescriber's good faith medical judgment creates an immediate 820
threat of serious risk to the life or physical health of a minor.821

       (c) "Minor" means an individual under eighteen years of age 822
who is not emancipated.823

       (2) For purposes of this section, an individual under 824
eighteen years of age is emancipated only if the individual has 825
married, has entered the armed services of the United States, 826
becamehas become employed and self-sustaining, or has otherwise 827
has become independent from the care and control of the 828
individual's parent, guardian, or custodian.829

       (B) Except as provided in division (C) of this section, 830
before issuing for a minor the first prescription in a single 831
course of treatment for a particular compound that is a controlled 832
substance containing an opioid analgesic, regardless of whether 833
the dosage is modified during that course of treatment, a 834
prescriber shall do all of the following:835

       (1) As part of the prescriber's examination of the minor, 836
assess whether the minor has ever suffered, or is currently 837
suffering, from mental health or substance abuse disorders and 838
whether the minor has taken or is currently taking prescription 839
drugs for treatment of those disorders;840

       (2) Discuss with the minor and the minor's parent, guardian, 841
or another adult authorized to consent to the minor's medical 842
treatment all of the following:843

       (a) The risks of addiction and overdose associated with the 844
compoundopioid analgesics;845

       (b) The increased risk of addiction to controlled substances 846
of individuals suffering from both mental and substance abuse 847
disorders;848

       (c) The dangers of taking controlled substances containing 849
opioidsopioid analgesics with benzodiazepines, alcohol, or other 850
central nervous system depressants;851

       (d) Any other information in the patient counseling 852
information section of the labeling for the compoundopioid 853
analgesic required under 21 C.F.R. 201.57(c)(18).854

       (3) Obtain written consent for the prescription from the 855
minor's parent, guardian, or, subject to division (E) of this 856
section, another adult authorized to consent to the minor's 857
medical treatment.858

        The prescriber shall record the consent on a form, which 859
shall be known as the "Start Talking!" consent form. The form 860
shall be separate from any other document the prescriber uses to 861
obtain informed consent for other treatment provided to the minor. 862
The form shall contain all of the following:863

       (a) The name and quantity of the compoundopioid analgesic864
being prescribed and the amount of the initial dose;865

       (b) A statement indicating that a controlled substance is a 866
drug or other substance that the United States drug enforcement 867
administration has identified as having a potential for abuse;868

       (c) A statement certifying that the prescriber discussed with 869
the minor and the minor's parent, guardian, or another adult 870
authorized to consent to the minor's medical treatment the matters 871
described in division (B)(2) of this section;872

       (d) The number of refills, if any, authorized by the 873
prescription;874

       (e) The signature of the minor's parent, guardian, or another 875
adult authorized to consent to the minor's medical treatment and 876
the date of signing.877

       (C)(1) The requirements in division (B) of this section do 878
not apply if the minor's treatment with a compound that is a 879
controlled substance containing an opioid analgesic meets any of 880
the following criteria:881

       (a) The treatment is associated with or incident to a medical 882
emergency.883

       (b) The treatment is associated with or incident to surgery, 884
regardless of whether the surgery is performed on an inpatient or 885
outpatient basis.886

       (c) In the prescriber's professional judgment, fulfilling the 887
requirements of division (B) of this section with respect to the 888
minor's treatment would be a detriment to the minor's health or 889
safety.890

        (d) Except as provided in division (D) of this section, the 891
treatment is rendered in a hospital, emergency facility,892
ambulatory surgical facility, nursing home, pediatric respite care 893
program, residential care facility, freestanding rehabilitation 894
facility, or similar institutional facility.895

       (2) The requirements in division (B) of this section do not 896
apply to a prescription for a compound that is a controlled 897
substance containing an opioid analgesic that a prescriber issues 898
to a minor at the time of discharge from a facility or other 899
location described in division (C)(1)(d) of this section.900

       (D) The exemption in division (C)(1)(d) of this section does 901
not apply to treatment rendered in a prescriber's office that is 902
located on the premises of or adjacent to a facility or other 903
location described in that division.904

        (E) If the individual who signs the consent form required by 905
division (B)(3) of this section is another adult authorized to 906
consent to the minor's medical treatment, the prescriber shall 907
prescribe not more than a single, seventy-two-hour supply and 908
indicate on the prescription the quantity that is to be dispensed 909
pursuant to the prescription.910

        (F) A signed "Start Talking!" consent form obtained under 911
this section shall be maintained in the minor's medical record.912

       Sec. 3729.05.  (A)(1) OnExcept as otherwise provided in this 913
section, on or after the first day of April, but before the first 914
day of May of each year, every person who intends to operate a 915
recreational vehicle park, recreation camp, or combined park-camp 916
shall procure a license to operate the park or camp from the 917
licensor. If the applicable license fee prescribed under section 918
3729.07 of the Revised Code is not received by the licensor by the 919
close of business on the last day of April, the applicant for the 920
license shall pay a penalty equal to twenty-five per cent of the 921
applicable license fee. The penalty shall accompany the license 922
fee. If the last day of April is not a business day, the penalty 923
attaches upon the close of business on the next business day.924

       (2) Every person who intends to operate a temporary park-camp 925
shall obtain a license to operate the temporary park-camp from the 926
licensor at any time before the person begins operation of the 927
temporary park-camp during the calendar year.928

       (3) No recreational vehicle park, recreation camp, combined 929
park-camp, or temporary park-camp shall be maintained or operated 930
in this state without a license. However, no person who neither 931
intends to receive nor receives anything of value arising from the 932
use of, or the sale of goods or services in connection with the 933
use of, a recreational vehicle park, recreation camp, combined 934
park-camp, or temporary park-camp is required to procure a license 935
under this division. If any health hazard exists at such an 936
unlicensed park, camp, or park-camp, the health hazard shall be 937
corrected in a manner consistent with the appropriate rule adopted 938
under division (A) or (B) of section 3729.02 of the Revised Code.939

       (4) No person who has received a license under division 940
(A)(1) of this section, upon the sale or disposition of the 941
recreational vehicle park, recreation camp, or combined park-camp, 942
may have the license transferred to the new operator. A person 943
shall obtain a separate license to operate each recreational 944
vehicle park, recreation camp, or combined park-camp. No license 945
to operate a temporary park-camp shall be transferred. A person 946
shall obtain a separate license for each temporary park-camp that 947
the person intends to operate, and the license shall be valid for 948
a period of not longer than seven consecutive days. A person who 949
operates a temporary park-camp on a tract of land for more than 950
twenty-one days or parts thereof in a calendar year shall obtain a 951
license to operate a recreational vehicle park, recreation camp, 952
or combined park-camp.953

       (B)(1) Before a license is initially issued under division 954
(A)(1) of this section and annually thereafter, or more often if 955
necessary, the licensor shall cause each recreational vehicle 956
park, recreation camp, or combined park-camp to be inspected to 957
determine compliance with this chapter and rules adopted under it. 958
A record shall be made of each inspection on a form prescribed by 959
the director of health.960

       (2) When a license is initially issued under division (A)(2) 961
of this section, and more often if necessary, the licensor shall 962
cause each temporary park-camp to be inspected to determine 963
compliance with this chapter and rules adopted under it during the 964
period that the temporary park-camp is in operation. A record 965
shall be made of each inspection on a form prescribed by the 966
director.967

       (C) Each person applying for an initial license to operate a 968
recreational vehicle park, recreation camp, combined park-camp, or 969
temporary park-camp shall provide acceptable proof to the 970
director, or to the licensor in the case of a temporary park-camp, 971
that adequate fire protection will be provided and that applicable 972
fire codes will be adhered to in the construction and operation of 973
the park, camp, or park-camp.974

       (D) Any person that operates a county or state fair or any 975
independent agricultural society organized pursuant to section 976
1711.02 of the Revised Code that operates a fair shall not be 977
required to obtain a license under this chapter if recreational 978
vehicles, portable camping units, or any combination of them are 979
parked at the site of the fair only during the time of preparation 980
for, operation of, and dismantling of the fair and if the 981
recreational vehicles, portable camping units, or any combination 982
of them belong to participants in the fair.983

       (E) The following entities that operate a fair and that hold 984
a license issued under this chapter are not required to comply 985
with the requirements normally imposed on a licensee under this 986
chapter and rules adopted under it during the time of preparation 987
for, operation of, and dismantling of the fair:988

       (1) A county agricultural society organized pursuant to 989
section 1711.01 of the Revised Code;990

       (2) An independent agricultural society organized pursuant to 991
section 1711.02 of the Revised Code;992

       (3) The Ohio expositions commission.993

       (F) A motorsports park is exempt from the license 994
requirements established in divisions (A)(1) and (2) of this 995
section if the motorsports park does both of the following:996

       (1) Holds at least one annual event sanctioned by the 997
national association for stock car auto racing or the national hot 998
rod association during a motor sports racing event;999

       (2) Provides parking for recreational vehicles, dependent 1000
recreational vehicles, and portable camping units that belong to 1001
participants in that event.1002

       The exemption established in this division applies to 1003
participant-only areas during the time of preparation for and 1004
operation of the event.1005

       (G) A person subject to this chapter or rules adopted under 1006
it may apply to the director for a waiver or variance from a 1007
provision of this chapter or rules adopted under it. The director 1008
may grant a waiver or variance if the person demonstrates, to the 1009
satisfaction of the director, that the waiver or variance will not 1010
result in any adverse effect on the public health and safety. The 1011
director shall adopt rules in accordance with Chapter 119. of the 1012
Revised Code establishing requirements and procedures governing 1013
the application for and granting of a waiver or variance under 1014
this division.1015

       Sec. 4715.14.  (A)(1) Each person who is licensed to practice 1016
dentistry in Ohio shall, on or before the first day of January of 1017
each even-numbered year, register with the state dental board. The 1018
registration shall be made on a form prescribed by the board and 1019
furnished by the secretary, shall include the licensee's name, 1020
address, license number, and such other reasonable information as 1021
the board may consider necessary, and shall include payment of a 1022
biennial registration fee of two hundred forty-five dollars. 1023
Except as provided in division (E) of this section, this fee shall 1024
be paid to the treasurer of state. Subject to division (C) of this 1025
section, a registration shall be in effect for the two-year period 1026
beginning on the first day of January of the even-numbered year 1027
and ending on the last day of December of the following 1028
odd-numbered year, and shall be renewed in accordance with the 1029
standard renewal procedure of sections 4745.01 to 4745.03 of the 1030
Revised Code. 1031

       (2)(a) Except as provided in division (A)(2)(b) of this 1032
section, in the case of a licensee seeking registration who 1033
prescribes or personally furnishes opioid analgesics or 1034
benzodiazepines, as defined in section 3719.01 of the Revised 1035
Code, the licensee shall certify to the board whether the licensee 1036
has been granted access to the drug database established and 1037
maintained by the state board of pharmacy pursuant to section 1038
4729.75 of the Revised Code.1039

       (b) The requirement in division (A)(2)(a) of this section 1040
does not apply if eitherany of the following is the case:1041

       (i) The state board of pharmacy notifies the state dental 1042
board pursuant to section 4729.861 of the Revised Code that the 1043
licensee has been restricted from obtaining further information 1044
from the drug database.1045

       (ii) The state board of pharmacy no longer maintains the drug 1046
database.1047

       (iii) The licensee does not practice dentistry in this state.1048

       (3) If a licensee certifies to the state dental board that 1049
the licensee has been granted access to the drug database and the 1050
board finds through an audit or other means that the licensee has 1051
not been granted access, the board may take action under section 1052
4715.30 of the Revised Code.1053

       (B) A licensed dentist who desires to temporarily retire from 1054
practice and who has given the board notice in writing to that 1055
effect shall be granted such a retirement, provided only that at 1056
that time all previous registration fees and additional costs of 1057
reinstatement have been paid.1058

       (C) Not later than the thirty-first day of January of an 1059
even-numbered year, the board shall send a notice by certified 1060
mail to a dentist who fails to renew a license in accordance with 1061
division (A) of this section. The notice shall state all of the 1062
following:1063

       (1) That the board has not received the registration form and 1064
fee described in that division;1065

       (2) That the license shall remain valid and in good standing 1066
until the first day of April following the last day of December of 1067
the odd-numbered year in which the dentist was scheduled to renew 1068
if the dentist remains in compliance with all other applicable 1069
provisions of this chapter and any rule adopted under it;1070

       (3) That the license may be renewed until the first day of 1071
April following the last day of December of the odd-numbered year 1072
in which the dentist was scheduled to renew by the payment of the 1073
biennial registration fee and an additional fee of one hundred 1074
dollars to cover the cost of late renewal;1075

       (4) That unless the board receives the registration form and 1076
fee before the first day of April following the last day of 1077
December of the odd-numbered year in which the dentist was 1078
scheduled to renew, the board may, on or after the relevant first 1079
day of April, initiate disciplinary action against the dentist 1080
pursuant to Chapter 119. of the Revised Code;1081

       (5) That a dentist whose license has been suspended as a 1082
result of disciplinary action initiated pursuant to division 1083
(C)(4) of this section may be reinstated by the payment of the 1084
biennial registration fee and an additional fee of three hundred 1085
dollars to cover the cost of reinstatement.1086

       (D) Each dentist licensed to practice, whether a resident or 1087
not, shall notify the secretary in writing or electronically of 1088
any change in the dentist's office address or employment within 1089
ten days after such change has taken place. On the first day of 1090
July of every even-numbered year, the secretary shall issue a 1091
printed roster of the names and addresses so registered.1092

       (E) Twenty dollars of each biennial registration fee shall be 1093
paid to the dentist loan repayment fund created under section 1094
3702.95 of the Revised Code.1095

       Sec. 4715.30.  (A) An applicant for or holder of a 1096
certificate or license issued under this chapter is subject to 1097
disciplinary action by the state dental board for any of the 1098
following reasons:1099

       (1) Employing or cooperating in fraud or material deception 1100
in applying for or obtaining a license or certificate; 1101

       (2) Obtaining or attempting to obtain money or anything of 1102
value by intentional misrepresentation or material deception in 1103
the course of practice; 1104

       (3) Advertising services in a false or misleading manner or 1105
violating the board's rules governing time, place, and manner of 1106
advertising;1107

       (4) Commission of an act that constitutes a felony in this 1108
state, regardless of the jurisdiction in which the act was 1109
committed;1110

        (5) Commission of an act in the course of practice that 1111
constitutes a misdemeanor in this state, regardless of the 1112
jurisdiction in which the act was committed; 1113

       (6) Conviction of, a plea of guilty to, a judicial finding of 1114
guilt of, a judicial finding of guilt resulting from a plea of no 1115
contest to, or a judicial finding of eligibility for intervention 1116
in lieu of conviction for, any felony or of a misdemeanor 1117
committed in the course of practice;1118

       (7) Engaging in lewd or immoral conduct in connection with 1119
the provision of dental services; 1120

       (8) Selling, prescribing, giving away, or administering drugs 1121
for other than legal and legitimate therapeutic purposes, or 1122
conviction of, a plea of guilty to, a judicial finding of guilt 1123
of, a judicial finding of guilt resulting from a plea of no 1124
contest to, or a judicial finding of eligibility for intervention 1125
in lieu of conviction for, a violation of any federal or state law 1126
regulating the possession, distribution, or use of any drug; 1127

       (9) Providing or allowing dental hygienists, expanded 1128
function dental auxiliaries, or other practitioners of auxiliary 1129
dental occupations working under the certificate or license 1130
holder's supervision, or a dentist holding a temporary limited 1131
continuing education license under division (C) of section 4715.16 1132
of the Revised Code working under the certificate or license 1133
holder's direct supervision, to provide dental care that departs 1134
from or fails to conform to accepted standards for the profession, 1135
whether or not injury to a patient results; 1136

       (10) Inability to practice under accepted standards of the 1137
profession because of physical or mental disability, dependence on 1138
alcohol or other drugs, or excessive use of alcohol or other 1139
drugs; 1140

       (11) Violation of any provision of this chapter or any rule 1141
adopted thereunder; 1142

       (12) Failure to use universal blood and body fluid 1143
precautions established by rules adopted under section 4715.03 of 1144
the Revised Code; 1145

       (13) Except as provided in division (H) of this section, 1146
either of the following:1147

       (a) Waiving the payment of all or any part of a deductible or 1148
copayment that a patient, pursuant to a health insurance or health 1149
care policy, contract, or plan that covers dental services, would 1150
otherwise be required to pay if the waiver is used as an 1151
enticement to a patient or group of patients to receive health 1152
care services from that certificate or license holder; 1153

       (b) Advertising that the certificate or license holder will 1154
waive the payment of all or any part of a deductible or copayment 1155
that a patient, pursuant to a health insurance or health care 1156
policy, contract, or plan that covers dental services, would 1157
otherwise be required to pay.1158

       (14) Failure to comply with section 4729.79 of the Revised 1159
Code, unless the state board of pharmacy no longer maintains a 1160
drug database pursuant to section 4729.75 of the Revised Code;1161

       (15) Any of the following actions taken by an agency 1162
responsible for authorizing, certifying, or regulating an 1163
individual to practice a health care occupation or provide health 1164
care services in this state or another jurisdiction, for any 1165
reason other than the nonpayment of fees: the limitation, 1166
revocation, or suspension of an individual's license to practice; 1167
acceptance of an individual's license surrender; denial of a 1168
license; refusal to renew or reinstate a license; imposition of 1169
probation; or issuance of an order of censure or other reprimand;1170

        (16) Failure to cooperate in an investigation conducted by 1171
the board under division (D) of section 4715.03 of the Revised 1172
Code, including failure to comply with a subpoena or order issued 1173
by the board or failure to answer truthfully a question presented 1174
by the board at a deposition or in written interrogatories, except 1175
that failure to cooperate with an investigation shall not 1176
constitute grounds for discipline under this section if a court of 1177
competent jurisdiction has issued an order that either quashes a 1178
subpoena or permits the individual to withhold the testimony or 1179
evidence in issue;1180

       (17) Failure to comply with the requirements in section 1181
3719.061 of the Revised Code before issuing tofor a minor a 1182
prescription for a controlled substance containing an opioid 1183
analgesic, as defined in section 3719.01 of the Revised Code. 1184

       (B) A manager, proprietor, operator, or conductor of a dental 1185
facility shall be subject to disciplinary action if any dentist, 1186
dental hygienist, expanded function dental auxiliary, or qualified 1187
personnel providing services in the facility is found to have 1188
committed a violation listed in division (A) of this section and 1189
the manager, proprietor, operator, or conductor knew of the 1190
violation and permitted it to occur on a recurring basis. 1191

       (C) Subject to Chapter 119. of the Revised Code, the board 1192
may take one or more of the following disciplinary actions if one 1193
or more of the grounds for discipline listed in divisions (A) and 1194
(B) of this section exist: 1195

       (1) Censure the license or certificate holder; 1196

       (2) Place the license or certificate on probationary status 1197
for such period of time the board determines necessary and require 1198
the holder to: 1199

       (a) Report regularly to the board upon the matters which are 1200
the basis of probation; 1201

       (b) Limit practice to those areas specified by the board; 1202

       (c) Continue or renew professional education until a 1203
satisfactory degree of knowledge or clinical competency has been 1204
attained in specified areas. 1205

       (3) Suspend the certificate or license; 1206

       (4) Revoke the certificate or license. 1207

       Where the board places a holder of a license or certificate 1208
on probationary status pursuant to division (C)(2) of this 1209
section, the board may subsequently suspend or revoke the license 1210
or certificate if it determines that the holder has not met the 1211
requirements of the probation or continues to engage in activities 1212
that constitute grounds for discipline pursuant to division (A) or 1213
(B) of this section. 1214

       Any order suspending a license or certificate shall state the 1215
conditions under which the license or certificate will be 1216
restored, which may include a conditional restoration during which 1217
time the holder is in a probationary status pursuant to division 1218
(C)(2) of this section. The board shall restore the license or 1219
certificate unconditionally when such conditions are met. 1220

       (D) If the physical or mental condition of an applicant or a 1221
license or certificate holder is at issue in a disciplinary 1222
proceeding, the board may order the license or certificate holder 1223
to submit to reasonable examinations by an individual designated 1224
or approved by the board and at the board's expense. The physical 1225
examination may be conducted by any individual authorized by the 1226
Revised Code to do so, including a physician assistant, a clinical 1227
nurse specialist, a certified nurse practitioner, or a certified 1228
nurse-midwife. Any written documentation of the physical 1229
examination shall be completed by the individual who conducted the 1230
examination. 1231

       Failure to comply with an order for an examination shall be 1232
grounds for refusal of a license or certificate or summary 1233
suspension of a license or certificate under division (E) of this 1234
section. 1235

       (E) If a license or certificate holder has failed to comply 1236
with an order under division (D) of this section, the board may 1237
apply to the court of common pleas of the county in which the 1238
holder resides for an order temporarily suspending the holder's 1239
license or certificate, without a prior hearing being afforded by 1240
the board, until the board conducts an adjudication hearing 1241
pursuant to Chapter 119. of the Revised Code. If the court 1242
temporarily suspends a holder's license or certificate, the board 1243
shall give written notice of the suspension personally or by 1244
certified mail to the license or certificate holder. Such notice 1245
shall inform the license or certificate holder of the right to a 1246
hearing pursuant to Chapter 119. of the Revised Code. 1247

       (F) Any holder of a certificate or license issued under this 1248
chapter who has pleaded guilty to, has been convicted of, or has 1249
had a judicial finding of eligibility for intervention in lieu of 1250
conviction entered against the holder in this state for aggravated 1251
murder, murder, voluntary manslaughter, felonious assault, 1252
kidnapping, rape, sexual battery, gross sexual imposition, 1253
aggravated arson, aggravated robbery, or aggravated burglary, or 1254
who has pleaded guilty to, has been convicted of, or has had a 1255
judicial finding of eligibility for treatment or intervention in 1256
lieu of conviction entered against the holder in another 1257
jurisdiction for any substantially equivalent criminal offense, is 1258
automatically suspended from practice under this chapter in this 1259
state and any certificate or license issued to the holder under 1260
this chapter is automatically suspended, as of the date of the 1261
guilty plea, conviction, or judicial finding, whether the 1262
proceedings are brought in this state or another jurisdiction. 1263
Continued practice by an individual after the suspension of the 1264
individual's certificate or license under this division shall be 1265
considered practicing without a certificate or license. The board 1266
shall notify the suspended individual of the suspension of the 1267
individual's certificate or license under this division by 1268
certified mail or in person in accordance with section 119.07 of 1269
the Revised Code. If an individual whose certificate or license is 1270
suspended under this division fails to make a timely request for 1271
an adjudicatory hearing, the board shall enter a final order 1272
revoking the individual's certificate or license. 1273

       (G) If the supervisory investigative panel determines both of 1274
the following, the panel may recommend that the board suspend an 1275
individual's certificate or license without a prior hearing:1276

       (1) That there is clear and convincing evidence that an 1277
individual has violated division (A) of this section;1278

       (2) That the individual's continued practice presents a 1279
danger of immediate and serious harm to the public.1280

       Written allegations shall be prepared for consideration by 1281
the board. The board, upon review of those allegations and by an 1282
affirmative vote of not fewer than four dentist members of the 1283
board and seven of its members in total, excluding any member on 1284
the supervisory investigative panel, may suspend a certificate or 1285
license without a prior hearing. A telephone conference call may 1286
be utilized for reviewing the allegations and taking the vote on 1287
the summary suspension.1288

       The board shall issue a written order of suspension by 1289
certified mail or in person in accordance with section 119.07 of 1290
the Revised Code. The order shall not be subject to suspension by 1291
the court during pendency or any appeal filed under section 119.12 1292
of the Revised Code. If the individual subject to the summary 1293
suspension requests an adjudicatory hearing by the board, the date 1294
set for the hearing shall be within fifteen days, but not earlier 1295
than seven days, after the individual requests the hearing, unless 1296
otherwise agreed to by both the board and the individual.1297

       Any summary suspension imposed under this division shall 1298
remain in effect, unless reversed on appeal, until a final 1299
adjudicative order issued by the board pursuant to this section 1300
and Chapter 119. of the Revised Code becomes effective. The board 1301
shall issue its final adjudicative order within seventy-five days 1302
after completion of its hearing. A failure to issue the order 1303
within seventy-five days shall result in dissolution of the 1304
summary suspension order but shall not invalidate any subsequent, 1305
final adjudicative order.1306

       (H) Sanctions shall not be imposed under division (A)(13) of 1307
this section against any certificate or license holder who waives 1308
deductibles and copayments as follows: 1309

       (1) In compliance with the health benefit plan that expressly 1310
allows such a practice. Waiver of the deductibles or copayments 1311
shall be made only with the full knowledge and consent of the plan 1312
purchaser, payer, and third-party administrator. Documentation of 1313
the consent shall be made available to the board upon request. 1314

       (2) For professional services rendered to any other person 1315
who holds a certificate or license issued pursuant to this chapter 1316
to the extent allowed by this chapter and the rules of the board. 1317

       (I) In no event shall the board consider or raise during a 1318
hearing required by Chapter 119. of the Revised Code the 1319
circumstances of, or the fact that the board has received, one or 1320
more complaints about a person unless the one or more complaints 1321
are the subject of the hearing or resulted in the board taking an 1322
action authorized by this section against the person on a prior 1323
occasion.1324

       (J) The board may share any information it receives pursuant 1325
to an investigation under division (D) of section 4715.03 of the 1326
Revised Code, including patient records and patient record 1327
information, with law enforcement agencies, other licensing 1328
boards, and other governmental agencies that are prosecuting, 1329
adjudicating, or investigating alleged violations of statutes or 1330
administrative rules. An agency or board that receives the 1331
information shall comply with the same requirements regarding 1332
confidentiality as those with which the state dental board must 1333
comply, notwithstanding any conflicting provision of the Revised 1334
Code or procedure of the agency or board that applies when it is 1335
dealing with other information in its possession. In a judicial 1336
proceeding, the information may be admitted into evidence only in 1337
accordance with the Rules of Evidence, but the court shall require 1338
that appropriate measures are taken to ensure that confidentiality 1339
is maintained with respect to any part of the information that 1340
contains names or other identifying information about patients or 1341
complainants whose confidentiality was protected by the state 1342
dental board when the information was in the board's possession. 1343
Measures to ensure confidentiality that may be taken by the court 1344
include sealing its records or deleting specific information from 1345
its records.1346

       Sec. 4723.28.  (A) The board of nursing, by a vote of a 1347
quorum, may impose one or more of the following sanctions if it 1348
finds that a person committed fraud in passing an examination 1349
required to obtain a license, certificate of authority, or 1350
dialysis technician certificate issued by the board or to have 1351
committed fraud, misrepresentation, or deception in applying for 1352
or securing any nursing license, certificate of authority, or 1353
dialysis technician certificate issued by the board: deny, revoke, 1354
suspend, or place restrictions on any nursing license, certificate 1355
of authority, or dialysis technician certificate issued by the 1356
board; reprimand or otherwise discipline a holder of a nursing 1357
license, certificate of authority, or dialysis technician 1358
certificate; or impose a fine of not more than five hundred 1359
dollars per violation.1360

       (B) The board of nursing, by a vote of a quorum, may impose 1361
one or more of the following sanctions: deny, revoke, suspend, or 1362
place restrictions on any nursing license, certificate of 1363
authority, or dialysis technician certificate issued by the board; 1364
reprimand or otherwise discipline a holder of a nursing license, 1365
certificate of authority, or dialysis technician certificate; or 1366
impose a fine of not more than five hundred dollars per violation. 1367
The sanctions may be imposed for any of the following:1368

       (1) Denial, revocation, suspension, or restriction of 1369
authority to engage in a licensed profession or practice a health 1370
care occupation, including nursing or practice as a dialysis 1371
technician, for any reason other than a failure to renew, in Ohio 1372
or another state or jurisdiction;1373

       (2) Engaging in the practice of nursing or engaging in 1374
practice as a dialysis technician, having failed to renew a 1375
nursing license or dialysis technician certificate issued under 1376
this chapter, or while a nursing license or dialysis technician 1377
certificate is under suspension;1378

       (3) Conviction of, a plea of guilty to, a judicial finding of 1379
guilt of, a judicial finding of guilt resulting from a plea of no 1380
contest to, or a judicial finding of eligibility for a pretrial 1381
diversion or similar program or for intervention in lieu of 1382
conviction for, a misdemeanor committed in the course of practice;1383

       (4) Conviction of, a plea of guilty to, a judicial finding of 1384
guilt of, a judicial finding of guilt resulting from a plea of no 1385
contest to, or a judicial finding of eligibility for a pretrial 1386
diversion or similar program or for intervention in lieu of 1387
conviction for, any felony or of any crime involving gross 1388
immorality or moral turpitude;1389

       (5) Selling, giving away, or administering drugs or 1390
therapeutic devices for other than legal and legitimate 1391
therapeutic purposes; or conviction of, a plea of guilty to, a 1392
judicial finding of guilt of, a judicial finding of guilt 1393
resulting from a plea of no contest to, or a judicial finding of 1394
eligibility for a pretrial diversion or similar program or for 1395
intervention in lieu of conviction for, violating any municipal, 1396
state, county, or federal drug law;1397

       (6) Conviction of, a plea of guilty to, a judicial finding of 1398
guilt of, a judicial finding of guilt resulting from a plea of no 1399
contest to, or a judicial finding of eligibility for a pretrial 1400
diversion or similar program or for intervention in lieu of 1401
conviction for, an act in another jurisdiction that would 1402
constitute a felony or a crime of moral turpitude in Ohio;1403

       (7) Conviction of, a plea of guilty to, a judicial finding of 1404
guilt of, a judicial finding of guilt resulting from a plea of no 1405
contest to, or a judicial finding of eligibility for a pretrial 1406
diversion or similar program or for intervention in lieu of 1407
conviction for, an act in the course of practice in another 1408
jurisdiction that would constitute a misdemeanor in Ohio;1409

       (8) Self-administering or otherwise taking into the body any 1410
dangerous drug, as defined in section 4729.01 of the Revised Code, 1411
in any way that is not in accordance with a legal, valid 1412
prescription issued for that individual, or self-administering or 1413
otherwise taking into the body any drug that is a schedule I 1414
controlled substance;1415

       (9) Habitual or excessive use of controlled substances, other 1416
habit-forming drugs, or alcohol or other chemical substances to an 1417
extent that impairs the individual's ability to provide safe 1418
nursing care or safe dialysis care;1419

       (10) Impairment of the ability to practice according to 1420
acceptable and prevailing standards of safe nursing care or safe 1421
dialysis care because of the use of drugs, alcohol, or other 1422
chemical substances;1423

       (11) Impairment of the ability to practice according to 1424
acceptable and prevailing standards of safe nursing care or safe 1425
dialysis care because of a physical or mental disability;1426

       (12) Assaulting or causing harm to a patient or depriving a 1427
patient of the means to summon assistance;1428

       (13) Misappropriation or attempted misappropriation of money 1429
or anything of value in the course of practice;1430

       (14) Adjudication by a probate court of being mentally ill or 1431
mentally incompetent. The board may reinstate the person's nursing 1432
license or dialysis technician certificate upon adjudication by a 1433
probate court of the person's restoration to competency or upon 1434
submission to the board of other proof of competency.1435

       (15) The suspension or termination of employment by the 1436
department of defense or the veterans administration of the United 1437
States for any act that violates or would violate this chapter;1438

       (16) Violation of this chapter or any rules adopted under it;1439

       (17) Violation of any restrictions placed by the board on a 1440
nursing license or dialysis technician certificate;1441

       (18) Failure to use universal and standard precautions 1442
established by rules adopted under section 4723.07 of the Revised 1443
Code;1444

       (19) Failure to practice in accordance with acceptable and 1445
prevailing standards of safe nursing care or safe dialysis care;1446

       (20) In the case of a registered nurse, engaging in 1447
activities that exceed the practice of nursing as a registered 1448
nurse;1449

       (21) In the case of a licensed practical nurse, engaging in 1450
activities that exceed the practice of nursing as a licensed 1451
practical nurse;1452

       (22) In the case of a dialysis technician, engaging in 1453
activities that exceed those permitted under section 4723.72 of 1454
the Revised Code;1455

       (23) Aiding and abetting a person in that person's practice 1456
of nursing without a license or practice as a dialysis technician 1457
without a certificate issued under this chapter;1458

       (24) In the case of a certified registered nurse anesthetist, 1459
clinical nurse specialist, certified nurse-midwife, or certified 1460
nurse practitioner, except as provided in division (M) of this 1461
section, either of the following:1462

       (a) Waiving the payment of all or any part of a deductible or 1463
copayment that a patient, pursuant to a health insurance or health 1464
care policy, contract, or plan that covers such nursing services, 1465
would otherwise be required to pay if the waiver is used as an 1466
enticement to a patient or group of patients to receive health 1467
care services from that provider;1468

       (b) Advertising that the nurse will waive the payment of all 1469
or any part of a deductible or copayment that a patient, pursuant 1470
to a health insurance or health care policy, contract, or plan 1471
that covers such nursing services, would otherwise be required to 1472
pay.1473

       (25) Failure to comply with the terms and conditions of 1474
participation in the chemical dependency monitoring program 1475
established under section 4723.35 of the Revised Code;1476

       (26) Failure to comply with the terms and conditions required 1477
under the practice intervention and improvement program 1478
established under section 4723.282 of the Revised Code;1479

       (27) In the case of a certified registered nurse anesthetist, 1480
clinical nurse specialist, certified nurse-midwife, or certified 1481
nurse practitioner:1482

       (a) Engaging in activities that exceed those permitted for 1483
the nurse's nursing specialty under section 4723.43 of the Revised 1484
Code;1485

       (b) Failure to meet the quality assurance standards 1486
established under section 4723.07 of the Revised Code.1487

       (28) In the case of a clinical nurse specialist, certified 1488
nurse-midwife, or certified nurse practitioner, failure to 1489
maintain a standard care arrangement in accordance with section 1490
4723.431 of the Revised Code or to practice in accordance with the 1491
standard care arrangement;1492

       (29) In the case of a clinical nurse specialist, certified 1493
nurse-midwife, or certified nurse practitioner who holds a 1494
certificate to prescribe issued under section 4723.48 of the 1495
Revised Code, failure to prescribe drugs and therapeutic devices 1496
in accordance with section 4723.481 of the Revised Code;1497

       (30) Prescribing any drug or device to perform or induce an 1498
abortion, or otherwise performing or inducing an abortion;1499

       (31) Failure to establish and maintain professional 1500
boundaries with a patient, as specified in rules adopted under 1501
section 4723.07 of the Revised Code;1502

       (32) Regardless of whether the contact or verbal behavior is 1503
consensual, engaging with a patient other than the spouse of the 1504
registered nurse, licensed practical nurse, or dialysis technician 1505
in any of the following:1506

       (a) Sexual contact, as defined in section 2907.01 of the 1507
Revised Code;1508

       (b) Verbal behavior that is sexually demeaning to the patient 1509
or may be reasonably interpreted by the patient as sexually 1510
demeaning.1511

       (33) Assisting suicide, as defined in section 3795.01 of the 1512
Revised Code;1513

       (34) Failure to comply with the requirements in section 1514
3719.061 of the Revised Code before issuing tofor a minor a 1515
prescription for a controlled substance containing an opioid 1516
analgesic, as defined in section 3719.01 of the Revised Code.1517

       (C) Disciplinary actions taken by the board under divisions 1518
(A) and (B) of this section shall be taken pursuant to an 1519
adjudication conducted under Chapter 119. of the Revised Code, 1520
except that in lieu of a hearing, the board may enter into a 1521
consent agreement with an individual to resolve an allegation of a 1522
violation of this chapter or any rule adopted under it. A consent 1523
agreement, when ratified by a vote of a quorum, shall constitute 1524
the findings and order of the board with respect to the matter 1525
addressed in the agreement. If the board refuses to ratify a 1526
consent agreement, the admissions and findings contained in the 1527
agreement shall be of no effect.1528

       (D) The hearings of the board shall be conducted in 1529
accordance with Chapter 119. of the Revised Code, the board may 1530
appoint a hearing examiner, as provided in section 119.09 of the 1531
Revised Code, to conduct any hearing the board is authorized to 1532
hold under Chapter 119. of the Revised Code.1533

       In any instance in which the board is required under Chapter 1534
119. of the Revised Code to give notice of an opportunity for a 1535
hearing and the applicant, licensee, or certificate holder does 1536
not make a timely request for a hearing in accordance with section 1537
119.07 of the Revised Code, the board is not required to hold a 1538
hearing, but may adopt, by a vote of a quorum, a final order that 1539
contains the board's findings. In the final order, the board may 1540
order any of the sanctions listed in division (A) or (B) of this 1541
section.1542

       (E) If a criminal action is brought against a registered 1543
nurse, licensed practical nurse, or dialysis technician for an act 1544
or crime described in divisions (B)(3) to (7) of this section and 1545
the action is dismissed by the trial court other than on the 1546
merits, the board shall conduct an adjudication to determine 1547
whether the registered nurse, licensed practical nurse, or 1548
dialysis technician committed the act on which the action was 1549
based. If the board determines on the basis of the adjudication 1550
that the registered nurse, licensed practical nurse, or dialysis 1551
technician committed the act, or if the registered nurse, licensed 1552
practical nurse, or dialysis technician fails to participate in 1553
the adjudication, the board may take action as though the 1554
registered nurse, licensed practical nurse, or dialysis technician 1555
had been convicted of the act.1556

       If the board takes action on the basis of a conviction, plea, 1557
or a judicial finding as described in divisions (B)(3) to (7) of 1558
this section that is overturned on appeal, the registered nurse, 1559
licensed practical nurse, or dialysis technician may, on 1560
exhaustion of the appeal process, petition the board for 1561
reconsideration of its action. On receipt of the petition and 1562
supporting court documents, the board shall temporarily rescind 1563
its action. If the board determines that the decision on appeal 1564
was a decision on the merits, it shall permanently rescind its 1565
action. If the board determines that the decision on appeal was 1566
not a decision on the merits, it shall conduct an adjudication to 1567
determine whether the registered nurse, licensed practical nurse, 1568
or dialysis technician committed the act on which the original 1569
conviction, plea, or judicial finding was based. If the board 1570
determines on the basis of the adjudication that the registered 1571
nurse, licensed practical nurse, or dialysis technician committed 1572
such act, or if the registered nurse, licensed practical nurse, or 1573
dialysis technician does not request an adjudication, the board 1574
shall reinstate its action; otherwise, the board shall permanently 1575
rescind its action.1576

       Notwithstanding the provision of division (C)(2) of section 1577
2953.32 of the Revised Code specifying that if records pertaining 1578
to a criminal case are sealed under that section the proceedings 1579
in the case shall be deemed not to have occurred, sealing of the 1580
following records on which the board has based an action under 1581
this section shall have no effect on the board's action or any 1582
sanction imposed by the board under this section: records of any 1583
conviction, guilty plea, judicial finding of guilt resulting from 1584
a plea of no contest, or a judicial finding of eligibility for a 1585
pretrial diversion program or intervention in lieu of conviction.1586

       The board shall not be required to seal, destroy, redact, or 1587
otherwise modify its records to reflect the court's sealing of 1588
conviction records.1589

       (F) The board may investigate an individual's criminal 1590
background in performing its duties under this section. As part of 1591
such investigation, the board may order the individual to submit, 1592
at the individual's expense, a request to the bureau of criminal 1593
identification and investigation for a criminal records check and 1594
check of federal bureau of investigation records in accordance 1595
with the procedure described in section 4723.091 of the Revised 1596
Code.1597

       (G) During the course of an investigation conducted under 1598
this section, the board may compel any registered nurse, licensed 1599
practical nurse, or dialysis technician or applicant under this 1600
chapter to submit to a mental or physical examination, or both, as 1601
required by the board and at the expense of the individual, if the 1602
board finds reason to believe that the individual under 1603
investigation may have a physical or mental impairment that may 1604
affect the individual's ability to provide safe nursing care. 1605
Failure of any individual to submit to a mental or physical 1606
examination when directed constitutes an admission of the 1607
allegations, unless the failure is due to circumstances beyond the 1608
individual's control, and a default and final order may be entered 1609
without the taking of testimony or presentation of evidence.1610

       If the board finds that an individual is impaired, the board 1611
shall require the individual to submit to care, counseling, or 1612
treatment approved or designated by the board, as a condition for 1613
initial, continued, reinstated, or renewed authority to practice. 1614
The individual shall be afforded an opportunity to demonstrate to 1615
the board that the individual can begin or resume the individual's 1616
occupation in compliance with acceptable and prevailing standards 1617
of care under the provisions of the individual's authority to 1618
practice.1619

       For purposes of this division, any registered nurse, licensed 1620
practical nurse, or dialysis technician or applicant under this 1621
chapter shall be deemed to have given consent to submit to a 1622
mental or physical examination when directed to do so in writing 1623
by the board, and to have waived all objections to the 1624
admissibility of testimony or examination reports that constitute 1625
a privileged communication.1626

       (H) The board shall investigate evidence that appears to show 1627
that any person has violated any provision of this chapter or any 1628
rule of the board. Any person may report to the board any 1629
information the person may have that appears to show a violation 1630
of any provision of this chapter or rule of the board. In the 1631
absence of bad faith, any person who reports such information or 1632
who testifies before the board in any adjudication conducted under 1633
Chapter 119. of the Revised Code shall not be liable for civil 1634
damages as a result of the report or testimony.1635

       (I) All of the following apply under this chapter with 1636
respect to the confidentiality of information:1637

       (1) Information received by the board pursuant to a complaint 1638
or an investigation is confidential and not subject to discovery 1639
in any civil action, except that the board may disclose 1640
information to law enforcement officers and government entities 1641
for purposes of an investigation of either a licensed health care 1642
professional, including a registered nurse, licensed practical 1643
nurse, or dialysis technician, or a person who may have engaged in 1644
the unauthorized practice of nursing or dialysis care. No law 1645
enforcement officer or government entity with knowledge of any 1646
information disclosed by the board pursuant to this division shall 1647
divulge the information to any other person or government entity 1648
except for the purpose of a government investigation, a 1649
prosecution, or an adjudication by a court or government entity.1650

       (2) If an investigation requires a review of patient records, 1651
the investigation and proceeding shall be conducted in such a 1652
manner as to protect patient confidentiality.1653

       (3) All adjudications and investigations of the board shall 1654
be considered civil actions for the purposes of section 2305.252 1655
of the Revised Code.1656

       (4) Any board activity that involves continued monitoring of 1657
an individual as part of or following any disciplinary action 1658
taken under this section shall be conducted in a manner that 1659
maintains the individual's confidentiality. Information received 1660
or maintained by the board with respect to the board's monitoring 1661
activities is not subject to discovery in any civil action and is 1662
confidential, except that the board may disclose information to 1663
law enforcement officers and government entities for purposes of 1664
an investigation of a licensee or certificate holder.1665

       (J) Any action taken by the board under this section 1666
resulting in a suspension from practice shall be accompanied by a 1667
written statement of the conditions under which the person may be 1668
reinstated to practice.1669

       (K) When the board refuses to grant a license or certificate 1670
to an applicant, revokes a license or certificate, or refuses to 1671
reinstate a license or certificate, the board may specify that its 1672
action is permanent. An individual subject to permanent action 1673
taken by the board is forever ineligible to hold a license or 1674
certificate of the type that was refused or revoked and the board 1675
shall not accept from the individual an application for 1676
reinstatement of the license or certificate or for a new license 1677
or certificate.1678

       (L) No unilateral surrender of a nursing license, certificate 1679
of authority, or dialysis technician certificate issued under this 1680
chapter shall be effective unless accepted by majority vote of the 1681
board. No application for a nursing license, certificate of 1682
authority, or dialysis technician certificate issued under this 1683
chapter may be withdrawn without a majority vote of the board. The 1684
board's jurisdiction to take disciplinary action under this 1685
section is not removed or limited when an individual has a license 1686
or certificate classified as inactive or fails to renew a license 1687
or certificate.1688

       (M) Sanctions shall not be imposed under division (B)(24) of 1689
this section against any licensee who waives deductibles and 1690
copayments as follows:1691

       (1) In compliance with the health benefit plan that expressly 1692
allows such a practice. Waiver of the deductibles or copayments 1693
shall be made only with the full knowledge and consent of the plan 1694
purchaser, payer, and third-party administrator. Documentation of 1695
the consent shall be made available to the board upon request.1696

       (2) For professional services rendered to any other person 1697
licensed pursuant to this chapter to the extent allowed by this 1698
chapter and the rules of the board.1699

       Sec. 4723.481.  This section establishes standards and 1700
conditions regarding the authority of a clinical nurse specialist, 1701
certified nurse-midwife, or certified nurse practitioner to 1702
prescribe drugs and therapeutic devices under a certificate to 1703
prescribe issued under section 4723.48 of the Revised Code.1704

       (A) A clinical nurse specialist, certified nurse-midwife, or 1705
certified nurse practitioner shall not prescribe any drug or 1706
therapeutic device that is not included in the types of drugs and 1707
devices listed on the formulary established in rules adopted under 1708
section 4723.50 of the Revised Code.1709

       (B) The prescriptive authority of a clinical nurse 1710
specialist, certified nurse-midwife, or certified nurse 1711
practitioner shall not exceed the prescriptive authority of the 1712
collaborating physician or podiatrist, including the collaborating 1713
physician's authority to treat chronic pain with controlled 1714
substances and products containing tramadol as described in 1715
section 4731.052 of the Revised Code.1716

       (C)(1) Except as provided in division (C)(2) or (3) of this 1717
section, a clinical nurse specialist, certified nurse-midwife, or 1718
certified nurse practitioner may prescribe to a patient a schedule 1719
II controlled substance only if all of the following are the case: 1720

       (a) The patient has a terminal condition, as defined in 1721
section 2133.01 of the Revised Code.1722

       (b) The collaborating physician of the clinical nurse 1723
specialist, certified nurse-midwife, or certified nurse 1724
practitioner initially prescribed the substance for the patient.1725

       (c) The prescription is for an amount that does not exceed 1726
the amount necessary for the patient's use in a single, 1727
twenty-four-hour period. 1728

       (2) The restrictions on prescriptive authority in division 1729
(C)(1) of this section do not apply if a clinical nurse 1730
specialist, certified nurse-midwife, or certified nurse 1731
practitioner issues the prescription to the patient from any of 1732
the following locations:1733

        (a) A hospital registered under section 3701.07 of the 1734
Revised Code;1735

       (b) An entity owned or controlled, in whole or in part, by a 1736
hospital or by an entity that owns or controls, in whole or in 1737
part, one or more hospitals;1738

        (c) A health care facility operated by the department of 1739
mental health and addiction services or the department of 1740
developmental disabilities;1741

        (d) A nursing home licensed under section 3721.02 of the 1742
Revised Code or by a political subdivision certified under section 1743
3721.09 of the Revised Code;1744

       (e) A county home or district home operated under Chapter 1745
5155. of the Revised Code that is certified under the medicare or 1746
medicaid program;1747

        (f) A hospice care program, as defined in section 3712.01 of 1748
the Revised Code;1749

       (g) A community mental health services provider, as defined 1750
in section 5122.01 of the Revised Code;1751

        (h) An ambulatory surgical facility, as defined in section 1752
3702.30 of the Revised Code;1753

       (i) A freestanding birthing center, as defined in section 1754
3702.141 of the Revised Code;1755

       (j) A federally qualified health center, as defined in 1756
section 3701.047 of the Revised Code;1757

       (k) A federally qualified health center look-alike, as 1758
defined in section 3701.047 of the Revised Code;1759

        (l) A health care office or facility operated by the board of 1760
health of a city or general health district or the authority 1761
having the duties of a board of health under section 3709.05 of 1762
the Revised Code;1763

       (m) A site where a medical practice is operated, but only if 1764
the practice is comprised of one or more physicians who also are 1765
owners of the practice; the practice is organized to provide 1766
direct patient care; and the clinical nurse specialist, certified 1767
nurse-midwife, or certified nurse practitioner providing services 1768
at the site has a standard care arrangement and collaborates with 1769
at least one of the physician owners who practices primarily at 1770
that site.1771

       (3) A clinical nurse specialist, certified nurse-midwife, or 1772
certified nurse practitioner shall not issue to a patient a 1773
prescription for a schedule II controlled substance from a 1774
convenience care clinic even if the clinic is owned or operated by 1775
an entity specified in division (C)(2) of this section.1776

       (D) A pharmacist who acts in good faith reliance on a 1777
prescription issued by a clinical nurse specialist, certified 1778
nurse-midwife, or certified nurse practitioner under division 1779
(C)(2) of this section is not liable for or subject to any of the 1780
following for relying on the prescription: damages in any civil 1781
action, prosecution in any criminal proceeding, or professional 1782
disciplinary action by the state board of pharmacy under Chapter 1783
4729. of the Revised Code.1784

       (E) A clinical nurse specialist, certified nurse-midwife, or 1785
certified nurse practitioner may personally furnish to a patient a 1786
sample of any drug or therapeutic device included in the types of 1787
drugs and devices listed on the formulary, except that all of the 1788
following conditions apply:1789

       (1) The amount of the sample furnished shall not exceed a 1790
seventy-two-hour supply, except when the minimum available 1791
quantity of the sample is packaged in an amount that is greater 1792
than a seventy-two-hour supply, in which case the packaged amount 1793
may be furnished.1794

       (2) No charge may be imposed for the sample or for furnishing 1795
it.1796

       (3) Samples of controlled substances may not be personally 1797
furnished.1798

        (F) A clinical nurse specialist, certified nurse-midwife, or 1799
certified nurse practitioner may personally furnish to a patient a 1800
complete or partial supply of a drug or therapeutic device 1801
included in the types of drugs and devices listed on the 1802
formulary, except that all of the following conditions apply:1803

       (1) The clinical nurse specialist, certified nurse-midwife, 1804
or certified nurse practitioner shall personally furnish only 1805
antibiotics, antifungals, scabicides, contraceptives, prenatal 1806
vitamins, antihypertensives, drugs and devices used in the 1807
treatment of diabetes, drugs and devices used in the treatment of 1808
asthma, and drugs used in the treatment of dyslipidemia.1809

       (2) The clinical nurse specialist, certified nurse-midwife, 1810
or certified nurse practitioner shall not furnish the drugs and 1811
devices in locations other than a health department operated by 1812
the board of health of a city or general health district or the 1813
authority having the duties of a board of health under section 1814
3709.05 of the Revised Code, a federally funded comprehensive 1815
primary care clinic, or a nonprofit health care clinic or program.1816

       (3) The clinical nurse specialist, certified nurse-midwife, 1817
or certified nurse practitioner shall comply with all safety 1818
standards for personally furnishing supplies of drugs and devices, 1819
as established in rules adopted under section 4723.50 of the 1820
Revised Code.1821

       (G) A clinical nurse specialist, certified nurse-midwife, or 1822
certified nurse practitioner shall comply with section 3719.061 of 1823
the Revised Code if the nurse prescribes for a minor, as defined 1824
in that section, a compound that is a controlled substance 1825
containing an opioid analgesic, as defined in section 3719.01 of 1826
the Revised Code.1827

       Sec. 4723.486.  (A) A certificate to prescribe issued under 1828
section 4723.48 of the Revised Code that is not issued as an 1829
externship certificate is valid for two years, unless otherwise 1830
provided in rules adopted under section 4723.50 of the Revised 1831
Code or earlier suspended or revoked by the board. The board of 1832
nursing shall renew certificates to prescribe according to 1833
procedures and a renewal schedule established in rules adopted 1834
under section 4723.50 of the Revised Code.1835

       (B) Except as provided in division (C) of this section, the 1836
board may renew a certificate to prescribe if the holder submits 1837
to the board all of the following:1838

       (1) Evidence of having completed during the previous two 1839
years at least twelve hours of continuing education in advanced 1840
pharmacology, or, if the certificate has been held for less than a 1841
full renewal period, the number of hours required by the board in 1842
rules adopted under section 4723.50 of the Revised Code;1843

       (2) The fee required under section 4723.08 of the Revised 1844
Code for renewal of a certificate to prescribe;1845

       (3) Any additional information the board requires pursuant to 1846
rules adopted under section 4723.50 of the Revised Code.1847

       (C)(1) Except as provided in division (C)(2) of this section, 1848
in the case of a certificate holder seeking renewal who prescribes 1849
opioid analgesics or benzodiazepines, as defined in section 1850
3719.01 of the Revised Code, the holder shall certify to the board 1851
whether the holder has been granted access to the drug database 1852
established and maintained by the state board of pharmacy pursuant 1853
to section 4729.75 of the Revised Code.1854

       (2) The requirement in division (C)(1) of this section does 1855
not apply if eitherany of the following is the case:1856

       (a) The state board of pharmacy notifies the board of nursing 1857
pursuant to section 4729.861 of the Revised Code that the 1858
certificate holder has been restricted from obtaining further 1859
information from the drug database.1860

       (b) The state board of pharmacy no longer maintains the drug 1861
database.1862

       (c) The certificate holder does not practice nursing in this 1863
state.1864

       (3) If a certificate holder certifies to the board of nursing 1865
that the holder has been granted access to the drug database and 1866
the board finds through an audit or other means that the holder 1867
has not been granted access, the board may take action under 1868
section 4723.28 of the Revised Code.1869

       (D) The continuing education in pharmacology required under 1870
division (B)(1) of this section must be received from an 1871
accredited institution recognized by the board. The hours of 1872
continuing education required are in addition to any other 1873
continuing education requirement that must be completed pursuant 1874
to this chapter.1875

       Sec. 4725.16.  (A)(1) Each certificate of licensure, topical 1876
ocular pharmaceutical agents certificate, and therapeutic 1877
pharmaceutical agents certificate issued by the state board of 1878
optometry shall expire annually on the last day of December, and 1879
may be renewed in accordance with this section and the standard 1880
renewal procedure established under Chapter 4745. of the Revised 1881
Code.1882

       (2) An optometrist seeking to continue to practice optometry 1883
shall file with the board an application for license renewal. The 1884
application shall be in such form and require such pertinent 1885
professional biographical data as the board may require.1886

       (3)(a) Except as provided in division (A)(3)(b) of this 1887
section, in the case of an optometrist seeking renewal who holds a 1888
topical oculartherapeutic pharmaceutical agents certificate and 1889
who prescribes or personally furnishes analgesic controlled 1890
substances authorized pursuant to section 4725.091 of the Revised 1891
Code that are opioid analgesics or benzodiazepines, as defined in 1892
section 3719.01 of the Revised Code, the optometrist shall certify 1893
to the board whether the optometrist has been granted access to 1894
the drug database established and maintained by the state board of 1895
pharmacy pursuant to section 4729.75 of the Revised Code.1896

       (b) The requirement in division (A)(3)(a) of this section 1897
does not apply if eitherany of the following is the case:1898

       (i) The state board of pharmacy notifies the state board of 1899
optometry pursuant to section 4729.861 of the Revised Code that 1900
the certificate holder has been restricted from obtaining further 1901
information from the drug database.1902

       (ii) The state board of pharmacy no longer maintains the drug 1903
database.1904

       (iii) The certificate holder does not practice optometry in 1905
this state. 1906

       (c) If an optometrist certifies to the state board of 1907
optometry that the optometrist has been granted access to the drug 1908
database and the board finds through an audit or other means that 1909
the optometrist has not been granted access, the board may take 1910
action under section 4725.19 of the Revised Code.1911

       (B) All licensed optometrists shall annually complete 1912
continuing education in subjects relating to the practice of 1913
optometry, to the end that the utilization and application of new 1914
techniques, scientific and clinical advances, and the achievements 1915
of research will assure comprehensive care to the public. The 1916
board shall prescribe by rule the continuing optometric education 1917
that licensed optometrists must complete. The length of study 1918
shall be twenty-five clock hours each year, including ten clock 1919
hours of instruction in pharmacology to be completed by all 1920
licensed optometrists.1921

       Unless the continuing education required under this division 1922
is waived or deferred under division (D) of this section, the 1923
continuing education must be completed during the twelve-month 1924
period beginning on the first day of October and ending on the 1925
last day of September. If the board receives notice from a 1926
continuing education program indicating that an optometrist 1927
completed the program after the last day of September, and the 1928
optometrist wants to use the continuing education completed after 1929
that day to renew the license that expires on the last day of 1930
December of that year, the optometrist shall pay the penalty 1931
specified under section 4725.34 of the Revised Code for late 1932
completion of continuing education.1933

       At least once annually, the board shall post on its web site 1934
and shall mail, or send by electronic mail, to each licensed 1935
optometrist a list of courses approved in accordance with 1936
standards prescribed by board rule. Upon the request of a licensed 1937
optometrist, the executive director of the board shall supply a 1938
list of additional courses that the board has approved subsequent 1939
to the most recent web site posting, electronic mail transmission, 1940
or mailing of the list of approved courses.1941

       (C)(1) Annually, not later than the first day of November, 1942
the board shall mail or send by electronic mail a notice regarding 1943
license renewal to each licensed optometrist who may be eligible 1944
for renewal. The notice shall be sent to the optometrist's most 1945
recent electronic mail or mailing address shown in the board's 1946
records. If the board knows that the optometrist has completed the 1947
required continuing optometric education for the year, the board 1948
may include with the notice an application for license renewal. 1949

       (2) Filing a license renewal application with the board shall 1950
serve as notice by the optometrist that the continuing optometric 1951
education requirement has been successfully completed. If the 1952
board finds that an optometrist has not completed the required 1953
continuing optometric education, the board shall disapprove the 1954
optometrist's application. The board's disapproval of renewal is 1955
effective without a hearing, unless a hearing is requested 1956
pursuant to Chapter 119. of the Revised Code. 1957

       (3) The board shall refuse to accept an application for 1958
renewal from any applicant whose license is not in good standing 1959
or who is under disciplinary review pursuant to section 4725.19 of 1960
the Revised Code. 1961

       (4) Notice of an applicant's failure to qualify for renewal 1962
shall be served upon the applicant by mail. The notice shall be 1963
sent not later than the fifteenth day of November to the 1964
applicant's last address shown in the board's records.1965

       (D) In cases of certified illness or undue hardship, the 1966
board may waive or defer for up to twelve months the requirement 1967
of continuing optometric education, except that in such cases the 1968
board may not waive or defer the continuing education in 1969
pharmacology required to be completed by optometrists who hold 1970
topical ocular pharmaceutical agents certificates or therapeutic 1971
pharmaceutical agents certificates. The board shall waive the 1972
requirement of continuing optometric education for any optometrist 1973
who is serving on active duty in the armed forces of the United 1974
States or a reserve component of the armed forces of the United 1975
States, including the Ohio national guard or the national guard of 1976
any other state or who has received an initial certificate of 1977
licensure during the nine-month period which ended on the last day 1978
of September.1979

       (E) An optometrist whose renewal application has been 1980
approved may renew each certificate held by paying to the 1981
treasurer of state the fees for renewal specified under section 1982
4725.34 of the Revised Code. On payment of all applicable fees, 1983
the board shall issue a renewal of the optometrist's certificate 1984
of licensure, topical ocular pharmaceutical agents certificate, 1985
and therapeutic pharmaceutical agents certificate, as appropriate. 1986

       (F) Not later than the fifteenth day of December, the board 1987
shall mail or send by electronic mail a second notice regarding 1988
license renewal to each licensed optometrist who may be eligible 1989
for renewal but did not respond to the notice sent under division 1990
(C)(1) of this section. The notice shall be sent to the 1991
optometrist's most recent electronic mail or mailing address shown 1992
in the board's records. If an optometrist fails to file a renewal 1993
application after the second notice is sent, the board shall send 1994
a third notice regarding license renewal prior to any action under 1995
division (I) of this section to classify the optometrist's 1996
certificates as delinquent. 1997

       (G) The failure of an optometrist to apply for license 1998
renewal or the failure to pay the applicable annual renewal fees 1999
on or before the date of expiration, shall automatically work a 2000
forfeiture of the optometrist's authority to practice optometry in 2001
this state. 2002

       (H) The board shall accept renewal applications and renewal 2003
fees that are submitted from the first day of January to the last 2004
day of April of the year next succeeding the date of expiration. 2005
An individual who submits such a late renewal application or fee 2006
shall pay the late renewal fee specified in section 4725.34 of the 2007
Revised Code.2008

       (I)(1) If the certificates issued by the board to an 2009
individual have expired and the individual has not filed a 2010
complete application during the late renewal period, the 2011
individual's certificates shall be classified in the board's 2012
records as delinquent.2013

       (2) Any optometrist subject to delinquent classification may 2014
submit a written application to the board for reinstatement. For 2015
reinstatement to occur, the applicant must meet all of the 2016
following conditions:2017

       (a) Submit to the board evidence of compliance with board 2018
rules requiring continuing optometric education in a sufficient 2019
number of hours to make up for any delinquent compliance;2020

       (b) Pay the renewal fees for the year in which application 2021
for reinstatement is made and the reinstatement fee specified 2022
under division (A)(8) of section 4725.34 of the Revised Code;2023

       (c) Pass all or part of the licensing examination accepted by 2024
the board under section 4725.11 of the Revised Code as the board 2025
considers appropriate to determine whether the application for 2026
reinstatement should be approved;2027

       (d) If the applicant has been practicing optometry in another 2028
state or country, submit evidence that the applicant's license to 2029
practice optometry in the other state or country is in good 2030
standing.2031

       (3) The board shall approve an application for reinstatement 2032
if the conditions specified in division (I)(2) of this section are 2033
met. An optometrist who receives reinstatement is subject to the 2034
continuing education requirements specified under division (B) of 2035
this section for the year in which reinstatement occurs.2036

       Sec. 4725.19.  (A) In accordance with Chapter 119. of the 2037
Revised Code and by an affirmative vote of a majority of its 2038
members, the state board of optometry, for any of the reasons 2039
specified in division (B) of this section, shall refuse to grant a 2040
certificate of licensure to an applicant and may, with respect to 2041
a licensed optometrist, do one or more of the following:2042

       (1) Suspend the operation of any certificate of licensure, 2043
topical ocular pharmaceutical agents certificate, or therapeutic 2044
pharmaceutical agents certificate, or all certificates granted by 2045
it to the optometrist;2046

       (2) Permanently revoke any or all of the certificates;2047

       (3) Limit or otherwise place restrictions on any or all of 2048
the certificates;2049

       (4) Reprimand the optometrist;2050

       (5) Impose a monetary penalty. If the reason for which the 2051
board is imposing the penalty involves a criminal offense that 2052
carries a fine under the Revised Code, the penalty shall not 2053
exceed the maximum fine that may be imposed for the criminal 2054
offense. In any other case, the penalty imposed by the board shall 2055
not exceed five hundred dollars.2056

       (6) Require the optometrist to take corrective action 2057
courses.2058

       The amount and content of corrective action courses shall be 2059
established by the board in rules adopted under section 4725.09 of 2060
the Revised Code.2061

       (B) The sanctions specified in division (A) of this section 2062
may be taken by the board for any of the following reasons:2063

       (1) Committing fraud in passing the licensing examination or 2064
making false or purposely misleading statements in an application 2065
for a certificate of licensure;2066

       (2) Being at any time guilty of immorality, regardless of the 2067
jurisdiction in which the act was committed;2068

       (3) Being guilty of dishonesty or unprofessional conduct in 2069
the practice of optometry;2070

       (4) Being at any time guilty of a felony, regardless of the 2071
jurisdiction in which the act was committed;2072

       (5) Being at any time guilty of a misdemeanor committed in 2073
the course of practice, regardless of the jurisdiction in which 2074
the act was committed;2075

       (6) Violating the conditions of any limitation or other 2076
restriction placed by the board on any certificate issued by the 2077
board;2078

       (7) Engaging in the practice of optometry as provided in 2079
division (A)(1), (2), or (3) of section 4725.01 of the Revised 2080
Code when the certificate authorizing that practice is under 2081
suspension, in which case the board shall permanently revoke the 2082
certificate;2083

       (8) Being denied a license to practice optometry in another 2084
state or country or being subject to any other sanction by the 2085
optometric licensing authority of another state or country, other 2086
than sanctions imposed for the nonpayment of fees;2087

       (9) Departing from or failing to conform to acceptable and 2088
prevailing standards of care in the practice of optometry as 2089
followed by similar practitioners under the same or similar 2090
circumstances, regardless of whether actual injury to a patient is 2091
established;2092

       (10) Failing to maintain comprehensive patient records;2093

       (11) Advertising a price of optical accessories, eye 2094
examinations, or other products or services by any means that 2095
would deceive or mislead the public;2096

       (12) Being addicted to the use of alcohol, stimulants, 2097
narcotics, or any other substance which impairs the intellect and 2098
judgment to such an extent as to hinder or diminish the 2099
performance of the duties included in the person's practice of 2100
optometry;2101

       (13) Engaging in the practice of optometry as provided in 2102
division (A)(2) or (3) of section 4725.01 of the Revised Code 2103
without authority to do so or, if authorized, in a manner 2104
inconsistent with the authority granted;2105

       (14) Failing to make a report to the board as required by 2106
division (A) of section 4725.21 or section 4725.31 of the Revised 2107
Code;2108

       (15) Soliciting patients from door to door or establishing 2109
temporary offices, in which case the board shall suspend all 2110
certificates held by the optometrist;2111

       (16) Except as provided in division (D) of this section:2112

       (a) Waiving the payment of all or any part of a deductible or 2113
copayment that a patient, pursuant to a health insurance or health 2114
care policy, contract, or plan that covers optometric services, 2115
would otherwise be required to pay if the waiver is used as an 2116
enticement to a patient or group of patients to receive health 2117
care services from that optometrist.2118

       (b) Advertising that the optometrist will waive the payment 2119
of all or any part of a deductible or copayment that a patient, 2120
pursuant to a health insurance or health care policy, contract, or 2121
plan that covers optometric services, would otherwise be required 2122
to pay.2123

       (17) Failing to comply with the requirements in section 2124
3719.061 of the Revised Code before issuing tofor a minor a 2125
prescription for a controlled substance containingan analgesic 2126
controlled substance authorized pursuant to section 4725.091 of 2127
the Revised Code that is an opioid analgesic, as defined in 2128
section 3719.01 of the Revised Code.2129

       (C) Any person who is the holder of a certificate of 2130
licensure, or who is an applicant for a certificate of licensure 2131
against whom is preferred any charges, shall be furnished by the 2132
board with a copy of the complaint and shall have a hearing before 2133
the board in accordance with Chapter 119. of the Revised Code.2134

       (D) Sanctions shall not be imposed under division (B)(16) of 2135
this section against any optometrist who waives deductibles and 2136
copayments:2137

       (1) In compliance with the health benefit plan that expressly 2138
allows such a practice. Waiver of the deductibles or copayments 2139
shall be made only with the full knowledge and consent of the plan 2140
purchaser, payer, and third-party administrator. Documentation of 2141
the consent shall be made available to the board upon request.2142

       (2) For professional services rendered to any other 2143
optometrist licensed by the board, to the extent allowed by 2144
sections 4725.01 to 4725.34 of the Revised Code and the rules of 2145
the board.2146

       Sec. 4729.12.  An identification card issued by the state 2147
board of pharmacy under section 4729.08 of the Revised Code 2148
entitles the individual to whom it is issued to practice as a 2149
pharmacist or as a pharmacy intern in this state until the next 2150
annual renewal date.2151

       Identification cards shall be renewed annually on the 2152
fifteenth day of September, according to the standard renewal 2153
procedure of Chapter 4745. of the Revised Code.2154

       Each pharmacist and pharmacy intern shall carry the 2155
identification card or renewal identification card while engaged 2156
in the practice of pharmacy. The license shall be conspicuously 2157
exposed at the principal place where the pharmacist or pharmacy 2158
intern practices pharmacy.2159

       A pharmacist or pharmacy intern who desires to continue in 2160
the practice of pharmacy shall file with the board an application 2161
in such form and containing such data as the board may require for 2162
renewal of an identification card. AnIn the case of a pharmacist 2163
who dispenses or plans to dispense controlled substances in this 2164
state, the pharmacist shall certify, as part of the application, 2165
that the pharmacist has been granted access to the drug database 2166
established and maintained by the board pursuant to section 2167
4729.75 of the Revised Code, unless the board has restricted the 2168
pharmacist from obtaining further information from the database or 2169
the board no longer maintains the database. If the pharmacist 2170
certifies to the board that the applicant has been granted access 2171
to the drug database and the board finds through an audit or other 2172
means that the pharmacist has not been granted access, the board 2173
may take action under section 4729.16 of the Revised Code.2174

       An application filed under this section for renewal of an 2175
identification card may not be withdrawn without the approval of 2176
the board. If2177

       If the board finds that thean applicant's identification2178
card has not been revoked or placed under suspension and that the 2179
applicant has paid the renewal fee, has continued pharmacy 2180
education in accordance with the rules of the board, has been 2181
granted access to the drug database established and maintained by 2182
the board pursuant to section 4729.75 of the Revised Code (unless 2183
the board has restricted the applicant from obtaining any further 2184
information from the database or the board no longer maintains the 2185
database), and is entitled to continue in the practice of 2186
pharmacy, the board shall issue a renewal identification card to 2187
the applicant.2188

       When an identification card has lapsed for more than sixty 2189
days but application is made within three years after the 2190
expiration of the card, the applicant shall be issued a renewal 2191
identification card without further examination if the applicant 2192
meets the requirements of this section and pays the fee designated 2193
under division (A)(5) of section 4729.15 of the Revised Code.2194

       Sec. 4729.16.  (A) The state board of pharmacy, after notice 2195
and hearing in accordance with Chapter 119. of the Revised Code, 2196
may revoke, suspend, limit, place on probation, or refuse to grant 2197
or renew an identification card, or may impose a monetary penalty 2198
or forfeiture not to exceed in severity any fine designated under 2199
the Revised Code for a similar offense, or in the case of a 2200
violation of a section of the Revised Code that does not bear a 2201
penalty, a monetary penalty or forfeiture of not more than five 2202
hundred dollars, if the board finds a pharmacist or pharmacy 2203
intern:2204

       (1) Guilty of a felony or gross immorality;2205

       (2) Guilty of dishonesty or unprofessional conduct in the 2206
practice of pharmacy;2207

       (3) Addicted to or abusing liquoralcohol or drugs or 2208
impaired physically or mentally to such a degree as to render the 2209
pharmacist or pharmacy intern unfit to practice pharmacy;2210

       (4) Has been convicted of a misdemeanor related to, or 2211
committed in, the practice of pharmacy;2212

       (5) Guilty of willfully violating, conspiring to violate, 2213
attempting to violate, or aiding and abetting the violation of any 2214
of the provisions of this chapter, sections 3715.52 to 3715.72 of 2215
the Revised Code, Chapter 2925. or 3719. of the Revised Code, or 2216
any rule adopted by the board under those provisions;2217

       (6) Guilty of permitting anyone other than a pharmacist or 2218
pharmacy intern to practice pharmacy;2219

       (7) Guilty of knowingly lending the pharmacist's or pharmacy 2220
intern's name to an illegal practitioner of pharmacy or having 2221
professional connection with an illegal practitioner of pharmacy;2222

       (8) Guilty of dividing or agreeing to divide remuneration 2223
made in the practice of pharmacy with any other individual, 2224
including, but not limited to, any licensed health professional 2225
authorized to prescribe drugs or any owner, manager, or employee 2226
of a health care facility, residential care facility, or nursing 2227
home;2228

       (9) Has violated the terms of a consult agreement entered 2229
into pursuant to section 4729.39 of the Revised Code;2230

       (10) Has committed fraud, misrepresentation, or deception in 2231
applying for or securing a license or identification card issued 2232
by the board under this chapter or under Chapter 3715. or 3719. of 2233
the Revised Code.2234

       (B) Any individual whose identification card is revoked, 2235
suspended, or refused, shall return the identification card and 2236
license to the offices of the state board of pharmacy within ten 2237
days after receipt of notice of such action.2238

       (C) As used in this section:2239

       "Unprofessional conduct in the practice of pharmacy" includes 2240
any of the following:2241

       (1) Advertising or displaying signs that promote dangerous 2242
drugs to the public in a manner that is false or misleading;2243

       (2) Except as provided in section 4729.281 of the Revised 2244
Code, the sale of any drug for which a prescription is required, 2245
without having received a prescription for the drug;2246

       (3) Knowingly dispensing medication pursuant to false or 2247
forged prescriptions;2248

       (4) Knowingly failing to maintain complete and accurate 2249
records of all dangerous drugs received or dispensed in compliance 2250
with federal laws and regulations and state laws and rules;2251

       (5) Obtaining any remuneration by fraud, misrepresentation, 2252
or deception.2253

       (D) The board may suspend a license or identification card 2254
under division (B) of section 3719.121 of the Revised Code by 2255
utilizing a telephone conference call to review the allegations 2256
and take a vote.2257

       (E) If, pursuant to an adjudication under Chapter 119. of the 2258
Revised Code, the board has reasonable cause to believe that a 2259
pharmacist or pharmacy intern is physically or mentally impaired, 2260
the board may require the pharmacist or pharmacy intern to submit 2261
to a physical or mental examination, or both.2262

       Sec. 4729.18.  The state board of pharmacy shall adopt rules 2263
in accordance with Chapter 119. of the Revised Code establishing 2264
standards for approving and designating physicians and facilities 2265
as treatment providers for pharmacists with substance abuse 2266
problems and shall approve and designate treatment providers in 2267
accordance with the rules. The rules shall include standards for 2268
both inpatient and outpatient treatment. The rules shall provide 2269
that to be approved, a treatment provider must be capable of 2270
making an initial examination to determine the type of treatment 2271
required for a pharmacist with substance abuse problems. Subject 2272
to the rules, the board shall review and approve treatment 2273
providers on a regular basis and may, at its discretion, withdraw 2274
or deny approval.2275

       An approved treatment provider shall:2276

       (A) Report to the board the name of any pharmacist suffering 2277
or showing evidence of suffering impairment by reason of being 2278
addicted to or abusing liquoralcohol or drugs as described in 2279
division (A)(3) of section 4729.16 of the Revised Code who fails 2280
to comply within one week with a referral for examination;2281

       (B) Report to the board the name of any impaired pharmacist 2282
who fails to enter treatment within forty-eight hours following 2283
the provider's determination that the pharmacist needs treatment;2284

       (C) Require every pharmacist who enters treatment to agree to 2285
a treatment contract establishing the terms of treatment and 2286
aftercare, including any required supervision or restrictions of 2287
practice during treatment or aftercare;2288

       (D) Require a pharmacist to suspend practice on entering any 2289
required inpatient treatment;2290

       (E) Report to the board any failure by an impaired pharmacist 2291
to comply with the terms of the treatment contract during 2292
inpatient or outpatient treatment or aftercare;2293

       (F) Report to the board the resumption of practice of any 2294
impaired pharmacist before the treatment provider has made a clear 2295
determination that the pharmacist is capable of practicing 2296
according to acceptable and prevailing standards;2297

       (G) Require a pharmacist who resumes practice after 2298
completion of treatment to comply with an aftercare contract that 2299
meets the requirements of rules adopted by the board for approval 2300
of treatment providers;2301

       (H) Report to the board any pharmacist who suffers a relapse 2302
at any time during or following aftercare.2303

       Any pharmacist who enters into treatment by an approved 2304
treatment provider shall be deemed to have waived any 2305
confidentiality requirements that would otherwise prevent the 2306
treatment provider from making reports required under this 2307
section.2308

       In the absence of fraud or bad faith, no professional 2309
association of pharmacists licensed under this chapter that 2310
sponsors a committee or program to provide peer assistance to 2311
pharmacists with substance abuse problems, no representative or 2312
agent of such a committee or program, and no member of the state 2313
board of pharmacy shall be liable to any person for damages in a 2314
civil action by reason of actions taken to refer a pharmacist to a 2315
treatment provider designated by the board or actions or omissions 2316
of the provider in treating a pharmacist.2317

       In the absence of fraud or bad faith, no person who reports 2318
to the board a pharmacist with a suspected substance abuse problem 2319
shall be liable to any person for damages in a civil action as a 2320
result of the report.2321

       Sec. 4729.41. (A)(1) A pharmacist licensed under this chapter 2322
who meets the requirements of division (B) of this section, and a 2323
pharmacy intern licensed under this chapter who meets the 2324
requirements of division (B) of this section and is working under 2325
the direct supervision of a pharmacist who meets the requirements 2326
of that division, may do any of the following:2327

       (a) Administer immunizations for influenza to individuals 2328
fourteenwho are seven years of age or older;2329

       (b) Administer immunizationsOnly pursuant to a prescription, 2330
administer to individuals eighteenwho are seven years of age or 2331
older forbut not more than thirteen years of age any of the 2332
following:2333

       (i) Pneumonia;2334

       (ii) Tetanus;2335

       (iii) Hepatitis A;2336

       (iv) Hepatitis B;2337

       (v) Meningitis;2338

       (vi) Diphtheria;2339

       (vii) Pertussis.immunizations included in division (A)(2) of 2340
this section;2341

       (c) Administer to individuals eighteenwho are thirteen years 2342
of age or older any other immunization listedof the 2343
immunizations included in the ruledivision (A)(2) of this 2344
section.2345

       (2) A pharmacist or pharmacy intern may administer in 2346
accordance with divisions (A)(1)(b) and (c) of this section either 2347
of the following:2348

       (a) Any immunization that on the effective date of this 2349
amendment is included in either of the following immunization 2350
schedules recommended by the advisory committee on immunization 2351
practices of the centers for disease control and prevention in the 2352
United States department of health and human services:2353

       (i) The recommended immunization schedule for persons aged 2354
zero through eighteen years; 2355

       (ii) The recommended adult immunization schedule.2356

       (b) Any other immunization specified in rules adopted under 2357
division (E)(1)(d) of this section.2358

       (2) A pharmacy intern licensed under this chapter who meets 2359
the requirements of division (B) of this section and is working 2360
under the direct supervision of a pharmacist who meets the 2361
requirements of that division may administer immunizations for 2362
influenza to individuals eighteen years of age or older.2363

       (3) As part of engaging in the administration of 2364
immunizations or supervising a pharmacy intern's administration of 2365
immunizations, a pharmacist may administer epinephrine or 2366
diphenhydramine, or both, to individuals in emergency situations 2367
resulting from adverse reactions to the immunizations administered 2368
by the pharmacist or pharmacy intern.2369

       (B) For a pharmacist or pharmacy intern to be authorized to 2370
engage in the administration of immunizations as specified in2371
pursuant to division (A) of this section, the pharmacist or 2372
pharmacy intern shall do all of the following:2373

       (1) Successfully complete a course in the administration of 2374
immunizations that has been approved by the state board of 2375
pharmacy as meeting the standards established for such courses by 2376
the centers for disease control and prevention in the public 2377
health service of the United States department of health and human 2378
services;2379

       (2) Receive and maintain certification to perform basic 2380
life-support procedures by successfully completing a basic 2381
life-support training course certified by the American red cross 2382
or American heart association;2383

       (3) Practice in accordance with a definitive set of treatment 2384
guidelines specified in a protocol established by a physician and 2385
approved by the state board of pharmacy. 2386

       (C) The protocol required by division (B)(3) of this section 2387
shall include provisions for implementation of the following 2388
requirements:2389

        (1) The pharmacist or pharmacy intern who administers an 2390
immunization shall observe the individual who receives the 2391
immunization to determine whether the individual has an adverse 2392
reaction to the immunization. The length of time and location of 2393
the observation shall comply with the standards specified in rules 2394
adopted by the state board of pharmacy under division (E) of this 2395
section for the approval of protocols. The protocol shall specify 2396
procedures to be followed by a pharmacist when administering 2397
epinephrine, diphenhydramine, or both, to an individual who has an 2398
adverse reaction to an immunization administered by the pharmacist 2399
or a pharmacy intern.2400

        (2) For each immunization administered to an individual by a 2401
pharmacist or pharmacy intern, other than an immunization for 2402
influenza administered to an individual eighteen years of age or 2403
older, the pharmacist or pharmacy intern shall notify the 2404
individual's family physician or, if the individual has no family 2405
physician, the board of health of the health district in which the 2406
individual resides or the authority having the duties of a board 2407
of health for that district under section 3709.05 of the Revised 2408
Code. The notice shall be given not later than thirty days after 2409
the immunization is administered.2410

        (3) For each immunization for influenza administered by a 2411
pharmacist or pharmacy intern to an individual who is fourteen 2412
years of age or older but younger than eighteen years of age 2413
pursuant to division (A)(1) of this section, the pharmacist or a 2414
pharmacy intern shall obtain permission from the individual's 2415
parent or legal guardian in accordance with the procedures 2416
specified in rules adopted under division (E) of this section.2417

       (D)(1) No pharmacist shall do either of the following:2418

       (a) Engage in the administration of immunizations unless the 2419
requirements of division (B) of this section have been met;2420

       (b) Delegate to any person the pharmacist's authority to 2421
engage in or supervise the administration of immunizations.2422

       (2) No pharmacy intern shall engage in the administration of 2423
immunizations for influenza unless the requirements of division 2424
(B) of this section have been met.2425

       (E)(1) The state board of pharmacy shall adopt rules to 2426
implement this section. The rules shall be adopted in accordance 2427
with Chapter 119. of the Revised Code and shall include the 2428
following:2429

       (a) Provisions for approval of courses in administration of 2430
immunizations;2431

       (b) Provisions for approval of protocols to be followed by 2432
pharmacists and pharmacy interns in engaging in the administration 2433
of immunizations, including protocols that contain provisions 2434
specifying the locations at which a pharmacist or pharmacy intern 2435
may engage in the administration of immunizations;2436

       (c) Procedures to be followed by pharmacists and pharmacy 2437
interns in obtaining from the individual's parent or legal 2438
guardian permission to administer influenza immunizations to an 2439
individual younger than eighteen years of age pursuant to division 2440
(A)(1)(a) of this section;2441

       (d) A list ofProvisions specifying any immunizations that 2442
may be administered under division (A)(1)(c)(2)(b) of this 2443
section.2444

       (2) Prior to adopting rules regarding approval of protocols 2445
to be followed by pharmacists and pharmacy interns in engaging in 2446
the administration of immunizations, the state board of pharmacy 2447
shall consult with the state medical board and the board of 2448
nursing. 2449

       (3) Prior to adopting a rule listingrules specifying any2450
immunizations that may be administered under division 2451
(A)(1)(c)(2)(b) of this section, the state board of pharmacy shall 2452
consult with the state medical board.2453

       (F) In addition to the rules it adopts under division (E) of 2454
this section, the board may adopt rules that change the 2455
immunizations authorized by division (A)(2)(a) of this section to 2456
reflect changes in the recommendations of the advisory committee 2457
on immunization practices. The rules shall be adopted in 2458
accordance with Chapter 119 of the Revised Code.2459

       Sec. 4729.85. (A) If the state board of pharmacy establishes 2460
and maintains a drug database pursuant to section 4729.75 of the 2461
Revised Code, the board shall prepare reports regarding the 2462
database and present or submit them in accordance with both of the 2463
following:2464

       (A) The board shall present a biennial report to the standing 2465
committees of the house of representatives and the senate that are 2466
primarily responsible for considering health and human services 2467
issues. The initial report shall be presented not later than two 2468
years after the database is established.2469

       (B) Each report presented under this section shall include 2470
all of the following:2471

        (1) The cost to the state of establishing and maintaining the 2472
database;2473

       (2) Information from terminal distributors of dangerous 2474
drugs, prescribers, and the board regarding the board's 2475
effectiveness in providing information from the database;2476

       (3) The board's timeliness in transmitting information from 2477
the database.2478

       (B) The board shall submit a semiannual report to the 2479
governor, the president of the senate, the speaker of the house of 2480
representatives, the attorney general, the chairpersons of the 2481
standing committees of the house of representatives and the senate 2482
that are primarily responsible for considering health and human 2483
services issues, the department of public safety, the state dental 2484
board, the board of nursing, the state board of optometry, the 2485
state medical board, and the state veterinary medical licensing 2486
board. The state board of pharmacy shall make the report available 2487
to the public on its internet web site. Each report submitted 2488
shall include all of the following for the period covered by the 2489
report:2490

       (1) An aggregate of the information submitted to the board 2491
under section 4729.77 of the Revised Code regarding prescriptions 2492
for controlled substances containing opioids, including all of the 2493
following:2494

       (a) The number of prescribers who issued the prescriptions;2495

       (b) The number of patients to whom the controlled substances 2496
were dispensed;2497

       (c) The average quantity of the controlled substances 2498
dispensed per prescription;2499

       (d) The average daily morphine equivalent dose of the 2500
controlled substances dispensed per prescription.2501

       (2) An aggregate of the information submitted to the board 2502
under section 4729.79 of the Revised Code regarding controlled 2503
substances containing opioids that have been personally furnished 2504
to a patient by a prescriber, other than a prescriber who is a 2505
veterinarian, including all of the following:2506

       (a) The number of prescribers who personally furnished the 2507
controlled substances;2508

       (b) The number of patients to whom the controlled substances 2509
were personally furnished;2510

       (c) The average quantity of the controlled substances that 2511
were furnished at one time;2512

       (d) The average daily morphine equivalent dose of the 2513
controlled substances that were furnished at one time.2514

       Sec. 4729.86. If the state board of pharmacy establishes and 2515
maintains a drug database pursuant to section 4729.75 of the 2516
Revised Code, all of the following apply:2517

       (A)(1) No person identified in divisions (A)(1) to (12) or 2518
(B) of section 4729.80 of the Revised Code shall disseminate any 2519
written or electronic information the person receives from the 2520
drug database or otherwise provide another person access to the 2521
information that the person receives from the database, except as 2522
follows:2523

       (a) When necessary in the investigation or prosecution of a 2524
possible or alleged criminal offense;2525

       (b) When a person provides the information to the prescriber 2526
or pharmacist for whom the person is approved by the board to 2527
serve as a delegate of the prescriber or pharmacist for purposes 2528
of requesting and receiving information from the drug database 2529
under division (A)(5) or (6) of section 4729.80 of the Revised 2530
Code;2531

       (c) When a prescriber or pharmacist provides the information 2532
to a person who is approved by the board to serve as such a 2533
delegate of the prescriber or pharmacist;2534

       (d) When a prescriber or pharmacist provides the information 2535
to a patient or patient's personal representative;2536

       (e) When a prescriber or pharmacist includes the information 2537
in a medical record, as defined in section 3701.74 of the Revised 2538
Code.2539

       (2) No person shall provide false information to the state 2540
board of pharmacy with the intent to obtain or alter information 2541
contained in the drug database.2542

       (3) No person shall obtain drug database information by any 2543
means except as provided under section 4729.80 or 4729.81 of the 2544
Revised Code.2545

       (B) A person shall not use information obtained pursuant to 2546
division (A) of section 4729.80 of the Revised Code as evidence in 2547
any civil or administrative proceeding.2548

       (C)(1) Except as provided in division (C)(2) of this section, 2549
after providing notice and affording an opportunity for a hearing 2550
in accordance with Chapter 119. of the Revised Code, the board may 2551
restrict a person from obtaining further information from the drug 2552
database if any of the following is the case:2553

        (a) The person violates division (A)(1), (2), or (3) of this 2554
section;2555

       (b) The person is a requestor identified in division (A)(13) 2556
of section 4729.80 of the Revised Code and the board determines 2557
that the person's actions in another state would have constituted 2558
a violation of division (A)(1), (2), or (3) of this section;2559

        (c) The person fails to comply with division (B) of this 2560
section, regardless of the jurisdiction in which the failure to 2561
comply occurred;2562

       (d) The person creates, by clear and convincing evidence, a 2563
threat to the security of information contained in the database.2564

        (2) If the board determines that allegations regarding a 2565
person's actions warrant restricting the person from obtaining 2566
further information from the drug database without a prior 2567
hearing, the board may summarily impose the restriction. A 2568
telephone conference call may be used for reviewing the 2569
allegations and taking a vote on the summary restriction. The 2570
summary restriction shall remain in effect, unless removed by the 2571
board, until the board's final adjudication order becomes 2572
effective.2573

       (3) The board shall determine the extent to which the person 2574
is restricted from obtaining further information from the 2575
database.2576

       Sec. 4730.25.  (A) The state medical board, by an affirmative 2577
vote of not fewer than six members, may revoke or may refuse to 2578
grant a certificate to practice as a physician assistant or a 2579
certificate to prescribe to a person found by the board to have 2580
committed fraud, misrepresentation, or deception in applying for 2581
or securing the certificate.2582

       (B) The board, by an affirmative vote of not fewer than six 2583
members, shall, to the extent permitted by law, limit, revoke, or 2584
suspend an individual's certificate to practice as a physician 2585
assistant or certificate to prescribe, refuse to issue a 2586
certificate to an applicant, refuse to reinstate a certificate, or 2587
reprimand or place on probation the holder of a certificate for 2588
any of the following reasons:2589

       (1) Failure to practice in accordance with the conditions 2590
under which the supervising physician's supervision agreement with 2591
the physician assistant was approved, including the requirement 2592
that when practicing under a particular supervising physician, the 2593
physician assistant must practice only according to the physician 2594
supervisory plan the board approved for that physician or the 2595
policies of the health care facility in which the supervising 2596
physician and physician assistant are practicing;2597

       (2) Failure to comply with the requirements of this chapter, 2598
Chapter 4731. of the Revised Code, or any rules adopted by the 2599
board;2600

       (3) Violating or attempting to violate, directly or 2601
indirectly, or assisting in or abetting the violation of, or 2602
conspiring to violate, any provision of this chapter, Chapter 2603
4731. of the Revised Code, or the rules adopted by the board;2604

       (4) Inability to practice according to acceptable and 2605
prevailing standards of care by reason of mental illness or 2606
physical illness, including physical deterioration that adversely 2607
affects cognitive, motor, or perceptive skills;2608

       (5) Impairment of ability to practice according to acceptable 2609
and prevailing standards of care because of habitual or excessive 2610
use or abuse of drugs, alcohol, or other substances that impair 2611
ability to practice;2612

       (6) Administering drugs for purposes other than those 2613
authorized under this chapter;2614

       (7) Willfully betraying a professional confidence;2615

       (8) Making a false, fraudulent, deceptive, or misleading 2616
statement in soliciting or advertising for employment as a 2617
physician assistant; in connection with any solicitation or 2618
advertisement for patients; in relation to the practice of 2619
medicine as it pertains to physician assistants; or in securing or 2620
attempting to secure a certificate to practice as a physician 2621
assistant, a certificate to prescribe, or approval of a 2622
supervision agreement.2623

       As used in this division, "false, fraudulent, deceptive, or 2624
misleading statement" means a statement that includes a 2625
misrepresentation of fact, is likely to mislead or deceive because 2626
of a failure to disclose material facts, is intended or is likely 2627
to create false or unjustified expectations of favorable results, 2628
or includes representations or implications that in reasonable 2629
probability will cause an ordinarily prudent person to 2630
misunderstand or be deceived.2631

       (9) Representing, with the purpose of obtaining compensation 2632
or other advantage personally or for any other person, that an 2633
incurable disease or injury, or other incurable condition, can be 2634
permanently cured;2635

       (10) The obtaining of, or attempting to obtain, money or 2636
anything of value by fraudulent misrepresentations in the course 2637
of practice;2638

       (11) A plea of guilty to, a judicial finding of guilt of, or 2639
a judicial finding of eligibility for intervention in lieu of 2640
conviction for, a felony;2641

       (12) Commission of an act that constitutes a felony in this 2642
state, regardless of the jurisdiction in which the act was 2643
committed;2644

       (13) A plea of guilty to, a judicial finding of guilt of, or 2645
a judicial finding of eligibility for intervention in lieu of 2646
conviction for, a misdemeanor committed in the course of practice;2647

       (14) A plea of guilty to, a judicial finding of guilt of, or 2648
a judicial finding of eligibility for intervention in lieu of 2649
conviction for, a misdemeanor involving moral turpitude;2650

       (15) Commission of an act in the course of practice that 2651
constitutes a misdemeanor in this state, regardless of the 2652
jurisdiction in which the act was committed;2653

       (16) Commission of an act involving moral turpitude that 2654
constitutes a misdemeanor in this state, regardless of the 2655
jurisdiction in which the act was committed;2656

       (17) A plea of guilty to, a judicial finding of guilt of, or 2657
a judicial finding of eligibility for intervention in lieu of 2658
conviction for violating any state or federal law regulating the 2659
possession, distribution, or use of any drug, including 2660
trafficking in drugs;2661

       (18) Any of the following actions taken by the state agency 2662
responsible for regulating the practice of physician assistants in 2663
another state, for any reason other than the nonpayment of fees: 2664
the limitation, revocation, or suspension of an individual's 2665
license to practice; acceptance of an individual's license 2666
surrender; denial of a license; refusal to renew or reinstate a 2667
license; imposition of probation; or issuance of an order of 2668
censure or other reprimand;2669

       (19) A departure from, or failure to conform to, minimal 2670
standards of care of similar physician assistants under the same 2671
or similar circumstances, regardless of whether actual injury to a 2672
patient is established;2673

       (20) Violation of the conditions placed by the board on a 2674
certificate to practice as a physician assistant, a certificate to 2675
prescribe, a physician supervisory plan, or supervision agreement;2676

       (21) Failure to use universal blood and body fluid 2677
precautions established by rules adopted under section 4731.051 of 2678
the Revised Code;2679

       (22) Failure to cooperate in an investigation conducted by 2680
the board under section 4730.26 of the Revised Code, including 2681
failure to comply with a subpoena or order issued by the board or 2682
failure to answer truthfully a question presented by the board at 2683
a deposition or in written interrogatories, except that failure to 2684
cooperate with an investigation shall not constitute grounds for 2685
discipline under this section if a court of competent jurisdiction 2686
has issued an order that either quashes a subpoena or permits the 2687
individual to withhold the testimony or evidence in issue;2688

       (23) Assisting suicide, as defined in section 3795.01 of the 2689
Revised Code;2690

       (24) Prescribing any drug or device to perform or induce an 2691
abortion, or otherwise performing or inducing an abortion;2692

       (25) Failure to comply with the requirements in section 2693
3719.061 of the Revised Code before issuing tofor a minor a 2694
prescription for a controlled substance containing an opioid 2695
analgesic, as defined in section 3719.01 of the Revised Code.2696

       (C) Disciplinary actions taken by the board under divisions 2697
(A) and (B) of this section shall be taken pursuant to an 2698
adjudication under Chapter 119. of the Revised Code, except that 2699
in lieu of an adjudication, the board may enter into a consent 2700
agreement with a physician assistant or applicant to resolve an 2701
allegation of a violation of this chapter or any rule adopted 2702
under it. A consent agreement, when ratified by an affirmative 2703
vote of not fewer than six members of the board, shall constitute 2704
the findings and order of the board with respect to the matter 2705
addressed in the agreement. If the board refuses to ratify a 2706
consent agreement, the admissions and findings contained in the 2707
consent agreement shall be of no force or effect.2708

       (D) For purposes of divisions (B)(12), (15), and (16) of this 2709
section, the commission of the act may be established by a finding 2710
by the board, pursuant to an adjudication under Chapter 119. of 2711
the Revised Code, that the applicant or certificate holder 2712
committed the act in question. The board shall have no 2713
jurisdiction under these divisions in cases where the trial court 2714
renders a final judgment in the certificate holder's favor and 2715
that judgment is based upon an adjudication on the merits. The 2716
board shall have jurisdiction under these divisions in cases where 2717
the trial court issues an order of dismissal upon technical or 2718
procedural grounds.2719

       (E) The sealing of conviction records by any court shall have 2720
no effect upon a prior board order entered under the provisions of 2721
this section or upon the board's jurisdiction to take action under 2722
the provisions of this section if, based upon a plea of guilty, a 2723
judicial finding of guilt, or a judicial finding of eligibility 2724
for intervention in lieu of conviction, the board issued a notice 2725
of opportunity for a hearing prior to the court's order to seal 2726
the records. The board shall not be required to seal, destroy, 2727
redact, or otherwise modify its records to reflect the court's 2728
sealing of conviction records.2729

       (F) For purposes of this division, any individual who holds a 2730
certificate issued under this chapter, or applies for a 2731
certificate issued under this chapter, shall be deemed to have 2732
given consent to submit to a mental or physical examination when 2733
directed to do so in writing by the board and to have waived all 2734
objections to the admissibility of testimony or examination 2735
reports that constitute a privileged communication.2736

       (1) In enforcing division (B)(4) of this section, the board, 2737
upon a showing of a possible violation, may compel any individual 2738
who holds a certificate issued under this chapter or who has 2739
applied for a certificate pursuant to this chapter to submit to a 2740
mental examination, physical examination, including an HIV test, 2741
or both a mental and physical examination. The expense of the 2742
examination is the responsibility of the individual compelled to 2743
be examined. Failure to submit to a mental or physical examination 2744
or consent to an HIV test ordered by the board constitutes an 2745
admission of the allegations against the individual unless the 2746
failure is due to circumstances beyond the individual's control, 2747
and a default and final order may be entered without the taking of 2748
testimony or presentation of evidence. If the board finds a 2749
physician assistant unable to practice because of the reasons set 2750
forth in division (B)(4) of this section, the board shall require 2751
the physician assistant to submit to care, counseling, or 2752
treatment by physicians approved or designated by the board, as a 2753
condition for an initial, continued, reinstated, or renewed 2754
certificate. An individual affected under this division shall be 2755
afforded an opportunity to demonstrate to the board the ability to 2756
resume practicing in compliance with acceptable and prevailing 2757
standards of care.2758

       (2) For purposes of division (B)(5) of this section, if the 2759
board has reason to believe that any individual who holds a 2760
certificate issued under this chapter or any applicant for a 2761
certificate suffers such impairment, the board may compel the 2762
individual to submit to a mental or physical examination, or both. 2763
The expense of the examination is the responsibility of the 2764
individual compelled to be examined. Any mental or physical 2765
examination required under this division shall be undertaken by a 2766
treatment provider or physician qualified to conduct such 2767
examination and chosen by the board.2768

       Failure to submit to a mental or physical examination ordered 2769
by the board constitutes an admission of the allegations against 2770
the individual unless the failure is due to circumstances beyond 2771
the individual's control, and a default and final order may be 2772
entered without the taking of testimony or presentation of 2773
evidence. If the board determines that the individual's ability to 2774
practice is impaired, the board shall suspend the individual's 2775
certificate or deny the individual's application and shall require 2776
the individual, as a condition for initial, continued, reinstated, 2777
or renewed certification to practice or prescribe, to submit to 2778
treatment.2779

       Before being eligible to apply for reinstatement of a 2780
certificate suspended under this division, the physician assistant 2781
shall demonstrate to the board the ability to resume practice or 2782
prescribing in compliance with acceptable and prevailing standards 2783
of care. The demonstration shall include the following:2784

       (a) Certification from a treatment provider approved under 2785
section 4731.25 of the Revised Code that the individual has 2786
successfully completed any required inpatient treatment;2787

       (b) Evidence of continuing full compliance with an aftercare 2788
contract or consent agreement;2789

       (c) Two written reports indicating that the individual's 2790
ability to practice has been assessed and that the individual has 2791
been found capable of practicing according to acceptable and 2792
prevailing standards of care. The reports shall be made by 2793
individuals or providers approved by the board for making such 2794
assessments and shall describe the basis for their determination.2795

       The board may reinstate a certificate suspended under this 2796
division after such demonstration and after the individual has 2797
entered into a written consent agreement.2798

       When the impaired physician assistant resumes practice or 2799
prescribing, the board shall require continued monitoring of the 2800
physician assistant. The monitoring shall include compliance with 2801
the written consent agreement entered into before reinstatement or 2802
with conditions imposed by board order after a hearing, and, upon 2803
termination of the consent agreement, submission to the board for 2804
at least two years of annual written progress reports made under 2805
penalty of falsification stating whether the physician assistant 2806
has maintained sobriety.2807

       (G) If the secretary and supervising member determine that 2808
there is clear and convincing evidence that a physician assistant 2809
has violated division (B) of this section and that the 2810
individual's continued practice or prescribing presents a danger 2811
of immediate and serious harm to the public, they may recommend 2812
that the board suspend the individual's certificate to practice or 2813
prescribe without a prior hearing. Written allegations shall be 2814
prepared for consideration by the board.2815

       The board, upon review of those allegations and by an 2816
affirmative vote of not fewer than six of its members, excluding 2817
the secretary and supervising member, may suspend a certificate 2818
without a prior hearing. A telephone conference call may be 2819
utilized for reviewing the allegations and taking the vote on the 2820
summary suspension.2821

       The board shall issue a written order of suspension by 2822
certified mail or in person in accordance with section 119.07 of 2823
the Revised Code. The order shall not be subject to suspension by 2824
the court during pendency of any appeal filed under section 119.12 2825
of the Revised Code. If the physician assistant requests an 2826
adjudicatory hearing by the board, the date set for the hearing 2827
shall be within fifteen days, but not earlier than seven days, 2828
after the physician assistant requests the hearing, unless 2829
otherwise agreed to by both the board and the certificate holder.2830

       A summary suspension imposed under this division shall remain 2831
in effect, unless reversed on appeal, until a final adjudicative 2832
order issued by the board pursuant to this section and Chapter 2833
119. of the Revised Code becomes effective. The board shall issue 2834
its final adjudicative order within sixty days after completion of 2835
its hearing. Failure to issue the order within sixty days shall 2836
result in dissolution of the summary suspension order, but shall 2837
not invalidate any subsequent, final adjudicative order.2838

       (H) If the board takes action under division (B)(11), (13), 2839
or (14) of this section, and the judicial finding of guilt, guilty 2840
plea, or judicial finding of eligibility for intervention in lieu 2841
of conviction is overturned on appeal, upon exhaustion of the 2842
criminal appeal, a petition for reconsideration of the order may 2843
be filed with the board along with appropriate court documents. 2844
Upon receipt of a petition and supporting court documents, the 2845
board shall reinstate the certificate to practice or prescribe. 2846
The board may then hold an adjudication under Chapter 119. of the 2847
Revised Code to determine whether the individual committed the act 2848
in question. Notice of opportunity for hearing shall be given in 2849
accordance with Chapter 119. of the Revised Code. If the board 2850
finds, pursuant to an adjudication held under this division, that 2851
the individual committed the act, or if no hearing is requested, 2852
it may order any of the sanctions identified under division (B) of 2853
this section.2854

       (I) The certificate to practice issued to a physician 2855
assistant and the physician assistant's practice in this state are 2856
automatically suspended as of the date the physician assistant 2857
pleads guilty to, is found by a judge or jury to be guilty of, or 2858
is subject to a judicial finding of eligibility for intervention 2859
in lieu of conviction in this state or treatment or intervention 2860
in lieu of conviction in another state for any of the following 2861
criminal offenses in this state or a substantially equivalent 2862
criminal offense in another jurisdiction: aggravated murder, 2863
murder, voluntary manslaughter, felonious assault, kidnapping, 2864
rape, sexual battery, gross sexual imposition, aggravated arson, 2865
aggravated robbery, or aggravated burglary. Continued practice 2866
after the suspension shall be considered practicing without a 2867
certificate.2868

       The board shall notify the individual subject to the 2869
suspension by certified mail or in person in accordance with 2870
section 119.07 of the Revised Code. If an individual whose 2871
certificate is suspended under this division fails to make a 2872
timely request for an adjudication under Chapter 119. of the 2873
Revised Code, the board shall enter a final order permanently 2874
revoking the individual's certificate to practice.2875

       (J) In any instance in which the board is required by Chapter 2876
119. of the Revised Code to give notice of opportunity for hearing 2877
and the individual subject to the notice does not timely request a 2878
hearing in accordance with section 119.07 of the Revised Code, the 2879
board is not required to hold a hearing, but may adopt, by an 2880
affirmative vote of not fewer than six of its members, a final 2881
order that contains the board's findings. In that final order, the 2882
board may order any of the sanctions identified under division (A) 2883
or (B) of this section.2884

       (K) Any action taken by the board under division (B) of this 2885
section resulting in a suspension shall be accompanied by a 2886
written statement of the conditions under which the physician 2887
assistant's certificate may be reinstated. The board shall adopt 2888
rules in accordance with Chapter 119. of the Revised Code 2889
governing conditions to be imposed for reinstatement. 2890
Reinstatement of a certificate suspended pursuant to division (B) 2891
of this section requires an affirmative vote of not fewer than six 2892
members of the board.2893

       (L) When the board refuses to grant to an applicant a 2894
certificate to practice as a physician assistant or a certificate 2895
to prescribe, revokes an individual's certificate, refuses to 2896
issue a certificate, or refuses to reinstate an individual's 2897
certificate, the board may specify that its action is permanent. 2898
An individual subject to a permanent action taken by the board is 2899
forever thereafter ineligible to hold the certificate and the 2900
board shall not accept an application for reinstatement of the 2901
certificate or for issuance of a new certificate.2902

       (M) Notwithstanding any other provision of the Revised Code, 2903
all of the following apply:2904

       (1) The surrender of a certificate issued under this chapter 2905
is not effective unless or until accepted by the board. 2906
Reinstatement of a certificate surrendered to the board requires 2907
an affirmative vote of not fewer than six members of the board.2908

       (2) An application made under this chapter for a certificate, 2909
approval of a physician supervisory plan, or approval of a 2910
supervision agreement may not be withdrawn without approval of the 2911
board.2912

       (3) Failure by an individual to renew a certificate in 2913
accordance with section 4730.14 or section 4730.48 of the Revised 2914
Code shall not remove or limit the board's jurisdiction to take 2915
disciplinary action under this section against the individual.2916

       Sec. 4730.41.  (A) A certificate to prescribe issued under 2917
this chapter authorizes a physician assistant to prescribe and 2918
personally furnish drugs and therapeutic devices in the exercise 2919
of physician-delegated prescriptive authority.2920

       (B) In exercising physician-delegated prescriptive authority, 2921
a physician assistant is subject to all of the following:2922

       (1) The physician assistant shall exercise 2923
physician-delegated prescriptive authority only to the extent that 2924
the physician supervising the physician assistant has granted that 2925
authority.2926

       (2) The physician assistant shall comply with all conditions 2927
placed on the physician-delegated prescriptive authority, as 2928
specified by the supervising physician who is supervising the 2929
physician assistant in the exercise of physician-delegated 2930
prescriptive authority.2931

       (3) If the physician assistant possesses physician-delegated 2932
prescriptive authority for controlled substances, the physician 2933
assistant shall register with the federal drug enforcement 2934
administration.2935

       (4) If the physician assistant possesses physician-delegated 2936
prescriptive authority for schedule II controlled substances, the 2937
physician assistant shall comply with section 4730.411 of the 2938
Revised Code.2939

       (5) If the physician assistant possesses physician-delegated 2940
prescriptive authority to prescribe for a minor an opioid 2941
analgesic, as those terms are defined in sectionsections2942
3719.061 and 3719.01 of the Revised Code, a compound that is a 2943
controlled substance containing an opioidrespectively, the 2944
physician assistant shall comply with section 3719.061 of the 2945
Revised Code.2946

       Sec. 4730.48. (A)(1) Except in the case of a provisional 2947
certificate to prescribe, a physician assistant's certificate to 2948
prescribe expires on the same date as the physician assistant's 2949
certificate to practice as a physician assistant, as provided in 2950
section 4730.14 of the Revised Code. The certificate to prescribe 2951
may be renewed in accordance with this section.2952

       (2) A person seeking to renew a certificate to prescribe 2953
shall, on or before the thirty-first day of January of each 2954
even-numbered year, apply for renewal of the certificate. The 2955
state medical board shall send renewal notices at least one month 2956
prior to the expiration date. The notice may be sent as part of 2957
the notice sent for renewal of the certificate to practice.2958

       (3) Applications for renewal shall be submitted to the board 2959
on forms the board shall prescribe and furnish. An application for 2960
renewal of a certificate to prescribe may be submitted in 2961
conjunction with an application for renewal of a certificate to 2962
practice.2963

        (4)(a) Except as provided in division (A)(4)(b) of this 2964
section, in the case of an applicant who prescribes opioid 2965
analgesics or benzodiazepines, as defined in section 3719.01 of 2966
the Revised Code, the applicant shall certify to the board whether 2967
the applicant has been granted access to the drug database 2968
established and maintained by the state board of pharmacy pursuant 2969
to section 4729.75 of the Revised Code.2970

       (b) The requirement in division (A)(4)(a) of this section 2971
does not apply if eitherany of the following is the case:2972

       (i) The state board of pharmacy notifies the state medical 2973
board pursuant to section 4729.861 of the Revised Code that the 2974
applicant has been restricted from obtaining further information 2975
from the drug database.2976

       (ii) The state board of pharmacy no longer maintains the drug 2977
database.2978

       (iii) The applicant does not practice as a physician 2979
assistant in this state.2980

       (c) If an applicant certifies to the state medical board that 2981
the applicant has been granted access to the drug database and the 2982
board finds through an audit or other means that the applicant has 2983
not been granted access, the board may take action under section 2984
4730.25 of the Revised Code.2985

       (5) Each application for renewal of a certificate to 2986
prescribe shall be accompanied by a biennial renewal fee of fifty 2987
dollars. The board shall deposit the fees in accordance with 2988
section 4731.24 of the Revised Code.2989

       (6) The applicant shall report any criminal offense that 2990
constitutes grounds under section 4730.25 of the Revised Code for 2991
refusing to issue a certificate to prescribe to which the 2992
applicant has pleaded guilty, of which the applicant has been 2993
found guilty, or for which the applicant has been found eligible 2994
for intervention in lieu of conviction, since last signing an 2995
application for a certificate to prescribe.2996

       (B) The board shall review all renewal applications received. 2997
If an applicant submits a complete renewal application and meets 2998
the requirements for renewal specified in section 4730.49 of the 2999
Revised Code, the board shall issue to the applicant a renewed 3000
certificate to prescribe.3001

       Sec. 4731.22.  (A) The state medical board, by an affirmative 3002
vote of not fewer than six of its members, may limit, revoke, or 3003
suspend an individual's certificate to practice, refuse to grant a 3004
certificate to an individual, refuse to register an individual, 3005
refuse to reinstate a certificate, or reprimand or place on 3006
probation the holder of a certificate if the individual or 3007
certificate holder is found by the board to have committed fraud 3008
during the administration of the examination for a certificate to 3009
practice or to have committed fraud, misrepresentation, or 3010
deception in applying for or securing any certificate to practice 3011
or certificate of registration issued by the board.3012

       (B) The board, by an affirmative vote of not fewer than six 3013
members, shall, to the extent permitted by law, limit, revoke, or 3014
suspend an individual's certificate to practice, refuse to 3015
register an individual, refuse to reinstate a certificate, or 3016
reprimand or place on probation the holder of a certificate for 3017
one or more of the following reasons:3018

       (1) Permitting one's name or one's certificate to practice or 3019
certificate of registration to be used by a person, group, or 3020
corporation when the individual concerned is not actually 3021
directing the treatment given;3022

       (2) Failure to maintain minimal standards applicable to the 3023
selection or administration of drugs, or failure to employ 3024
acceptable scientific methods in the selection of drugs or other 3025
modalities for treatment of disease;3026

       (3) Selling, giving away, personally furnishing, prescribing, 3027
or administering drugs for other than legal and legitimate 3028
therapeutic purposes or a plea of guilty to, a judicial finding of 3029
guilt of, or a judicial finding of eligibility for intervention in 3030
lieu of conviction of, a violation of any federal or state law 3031
regulating the possession, distribution, or use of any drug;3032

       (4) Willfully betraying a professional confidence.3033

       For purposes of this division, "willfully betraying a 3034
professional confidence" does not include providing any 3035
information, documents, or reports to a child fatality review 3036
board under sections 307.621 to 307.629 of the Revised Code and 3037
does not include the making of a report of an employee's use of a 3038
drug of abuse, or a report of a condition of an employee other 3039
than one involving the use of a drug of abuse, to the employer of 3040
the employee as described in division (B) of section 2305.33 of 3041
the Revised Code. Nothing in this division affects the immunity 3042
from civil liability conferred by that section upon a physician 3043
who makes either type of report in accordance with division (B) of 3044
that section. As used in this division, "employee," "employer," 3045
and "physician" have the same meanings as in section 2305.33 of 3046
the Revised Code.3047

       (5) Making a false, fraudulent, deceptive, or misleading 3048
statement in the solicitation of or advertising for patients; in 3049
relation to the practice of medicine and surgery, osteopathic 3050
medicine and surgery, podiatric medicine and surgery, or a limited 3051
branch of medicine; or in securing or attempting to secure any 3052
certificate to practice or certificate of registration issued by 3053
the board.3054

       As used in this division, "false, fraudulent, deceptive, or 3055
misleading statement" means a statement that includes a 3056
misrepresentation of fact, is likely to mislead or deceive because 3057
of a failure to disclose material facts, is intended or is likely 3058
to create false or unjustified expectations of favorable results, 3059
or includes representations or implications that in reasonable 3060
probability will cause an ordinarily prudent person to 3061
misunderstand or be deceived.3062

       (6) A departure from, or the failure to conform to, minimal 3063
standards of care of similar practitioners under the same or 3064
similar circumstances, whether or not actual injury to a patient 3065
is established;3066

       (7) Representing, with the purpose of obtaining compensation 3067
or other advantage as personal gain or for any other person, that 3068
an incurable disease or injury, or other incurable condition, can 3069
be permanently cured;3070

       (8) The obtaining of, or attempting to obtain, money or 3071
anything of value by fraudulent misrepresentations in the course 3072
of practice;3073

       (9) A plea of guilty to, a judicial finding of guilt of, or a 3074
judicial finding of eligibility for intervention in lieu of 3075
conviction for, a felony;3076

       (10) Commission of an act that constitutes a felony in this 3077
state, regardless of the jurisdiction in which the act was 3078
committed;3079

       (11) A plea of guilty to, a judicial finding of guilt of, or 3080
a judicial finding of eligibility for intervention in lieu of 3081
conviction for, a misdemeanor committed in the course of practice;3082

       (12) Commission of an act in the course of practice that 3083
constitutes a misdemeanor in this state, regardless of the 3084
jurisdiction in which the act was committed;3085

       (13) A plea of guilty to, a judicial finding of guilt of, or 3086
a judicial finding of eligibility for intervention in lieu of 3087
conviction for, a misdemeanor involving moral turpitude;3088

       (14) Commission of an act involving moral turpitude that 3089
constitutes a misdemeanor in this state, regardless of the 3090
jurisdiction in which the act was committed;3091

       (15) Violation of the conditions of limitation placed by the 3092
board upon a certificate to practice;3093

       (16) Failure to pay license renewal fees specified in this 3094
chapter;3095

       (17) Except as authorized in section 4731.31 of the Revised 3096
Code, engaging in the division of fees for referral of patients, 3097
or the receiving of a thing of value in return for a specific 3098
referral of a patient to utilize a particular service or business;3099

       (18) Subject to section 4731.226 of the Revised Code, 3100
violation of any provision of a code of ethics of the American 3101
medical association, the American osteopathic association, the 3102
American podiatric medical association, or any other national 3103
professional organizations that the board specifies by rule. The 3104
state medical board shall obtain and keep on file current copies 3105
of the codes of ethics of the various national professional 3106
organizations. The individual whose certificate is being suspended 3107
or revoked shall not be found to have violated any provision of a 3108
code of ethics of an organization not appropriate to the 3109
individual's profession.3110

       For purposes of this division, a "provision of a code of 3111
ethics of a national professional organization" does not include 3112
any provision that would preclude the making of a report by a 3113
physician of an employee's use of a drug of abuse, or of a 3114
condition of an employee other than one involving the use of a 3115
drug of abuse, to the employer of the employee as described in 3116
division (B) of section 2305.33 of the Revised Code. Nothing in 3117
this division affects the immunity from civil liability conferred 3118
by that section upon a physician who makes either type of report 3119
in accordance with division (B) of that section. As used in this 3120
division, "employee," "employer," and "physician" have the same 3121
meanings as in section 2305.33 of the Revised Code.3122

       (19) Inability to practice according to acceptable and 3123
prevailing standards of care by reason of mental illness or 3124
physical illness, including, but not limited to, physical 3125
deterioration that adversely affects cognitive, motor, or 3126
perceptive skills.3127

       In enforcing this division, the board, upon a showing of a 3128
possible violation, may compel any individual authorized to 3129
practice by this chapter or who has submitted an application 3130
pursuant to this chapter to submit to a mental examination, 3131
physical examination, including an HIV test, or both a mental and 3132
a physical examination. The expense of the examination is the 3133
responsibility of the individual compelled to be examined. Failure 3134
to submit to a mental or physical examination or consent to an HIV 3135
test ordered by the board constitutes an admission of the 3136
allegations against the individual unless the failure is due to 3137
circumstances beyond the individual's control, and a default and 3138
final order may be entered without the taking of testimony or 3139
presentation of evidence. If the board finds an individual unable 3140
to practice because of the reasons set forth in this division, the 3141
board shall require the individual to submit to care, counseling, 3142
or treatment by physicians approved or designated by the board, as 3143
a condition for initial, continued, reinstated, or renewed 3144
authority to practice. An individual affected under this division 3145
shall be afforded an opportunity to demonstrate to the board the 3146
ability to resume practice in compliance with acceptable and 3147
prevailing standards under the provisions of the individual's 3148
certificate. For the purpose of this division, any individual who 3149
applies for or receives a certificate to practice under this 3150
chapter accepts the privilege of practicing in this state and, by 3151
so doing, shall be deemed to have given consent to submit to a 3152
mental or physical examination when directed to do so in writing 3153
by the board, and to have waived all objections to the 3154
admissibility of testimony or examination reports that constitute 3155
a privileged communication.3156

       (20) Except when civil penalties are imposed under section 3157
4731.225 or 4731.281 of the Revised Code, and subject to section 3158
4731.226 of the Revised Code, violating or attempting to violate, 3159
directly or indirectly, or assisting in or abetting the violation 3160
of, or conspiring to violate, any provisions of this chapter or 3161
any rule promulgated by the board.3162

       This division does not apply to a violation or attempted 3163
violation of, assisting in or abetting the violation of, or a 3164
conspiracy to violate, any provision of this chapter or any rule 3165
adopted by the board that would preclude the making of a report by 3166
a physician of an employee's use of a drug of abuse, or of a 3167
condition of an employee other than one involving the use of a 3168
drug of abuse, to the employer of the employee as described in 3169
division (B) of section 2305.33 of the Revised Code. Nothing in 3170
this division affects the immunity from civil liability conferred 3171
by that section upon a physician who makes either type of report 3172
in accordance with division (B) of that section. As used in this 3173
division, "employee," "employer," and "physician" have the same 3174
meanings as in section 2305.33 of the Revised Code.3175

       (21) The violation of section 3701.79 of the Revised Code or 3176
of any abortion rule adopted by the public health council pursuant 3177
to section 3701.341 of the Revised Code;3178

       (22) Any of the following actions taken by an agency 3179
responsible for authorizing, certifying, or regulating an 3180
individual to practice a health care occupation or provide health 3181
care services in this state or another jurisdiction, for any 3182
reason other than the nonpayment of fees: the limitation, 3183
revocation, or suspension of an individual's license to practice; 3184
acceptance of an individual's license surrender; denial of a 3185
license; refusal to renew or reinstate a license; imposition of 3186
probation; or issuance of an order of censure or other reprimand;3187

       (23) The violation of section 2919.12 of the Revised Code or 3188
the performance or inducement of an abortion upon a pregnant woman 3189
with actual knowledge that the conditions specified in division 3190
(B) of section 2317.56 of the Revised Code have not been satisfied 3191
or with a heedless indifference as to whether those conditions 3192
have been satisfied, unless an affirmative defense as specified in 3193
division (H)(2) of that section would apply in a civil action 3194
authorized by division (H)(1) of that section;3195

       (24) The revocation, suspension, restriction, reduction, or 3196
termination of clinical privileges by the United States department 3197
of defense or department of veterans affairs or the termination or 3198
suspension of a certificate of registration to prescribe drugs by 3199
the drug enforcement administration of the United States 3200
department of justice;3201

       (25) Termination or suspension from participation in the 3202
medicare or medicaid programs by the department of health and 3203
human services or other responsible agency for any act or acts 3204
that also would constitute a violation of division (B)(2), (3), 3205
(6), (8), or (19) of this section;3206

       (26) Impairment of ability to practice according to 3207
acceptable and prevailing standards of care because of habitual or 3208
excessive use or abuse of drugs, alcohol, or other substances that 3209
impair ability to practice.3210

       For the purposes of this division, any individual authorized 3211
to practice by this chapter accepts the privilege of practicing in 3212
this state subject to supervision by the board. By filing an 3213
application for or holding a certificate to practice under this 3214
chapter, an individual shall be deemed to have given consent to 3215
submit to a mental or physical examination when ordered to do so 3216
by the board in writing, and to have waived all objections to the 3217
admissibility of testimony or examination reports that constitute 3218
privileged communications.3219

       If it has reason to believe that any individual authorized to 3220
practice by this chapter or any applicant for certification to 3221
practice suffers such impairment, the board may compel the 3222
individual to submit to a mental or physical examination, or both. 3223
The expense of the examination is the responsibility of the 3224
individual compelled to be examined. Any mental or physical 3225
examination required under this division shall be undertaken by a 3226
treatment provider or physician who is qualified to conduct the 3227
examination and who is chosen by the board.3228

       Failure to submit to a mental or physical examination ordered 3229
by the board constitutes an admission of the allegations against 3230
the individual unless the failure is due to circumstances beyond 3231
the individual's control, and a default and final order may be 3232
entered without the taking of testimony or presentation of 3233
evidence. If the board determines that the individual's ability to 3234
practice is impaired, the board shall suspend the individual's 3235
certificate or deny the individual's application and shall require 3236
the individual, as a condition for initial, continued, reinstated, 3237
or renewed certification to practice, to submit to treatment.3238

       Before being eligible to apply for reinstatement of a 3239
certificate suspended under this division, the impaired 3240
practitioner shall demonstrate to the board the ability to resume 3241
practice in compliance with acceptable and prevailing standards of 3242
care under the provisions of the practitioner's certificate. The 3243
demonstration shall include, but shall not be limited to, the 3244
following:3245

       (a) Certification from a treatment provider approved under 3246
section 4731.25 of the Revised Code that the individual has 3247
successfully completed any required inpatient treatment;3248

       (b) Evidence of continuing full compliance with an aftercare 3249
contract or consent agreement;3250

       (c) Two written reports indicating that the individual's 3251
ability to practice has been assessed and that the individual has 3252
been found capable of practicing according to acceptable and 3253
prevailing standards of care. The reports shall be made by 3254
individuals or providers approved by the board for making the 3255
assessments and shall describe the basis for their determination.3256

       The board may reinstate a certificate suspended under this 3257
division after that demonstration and after the individual has 3258
entered into a written consent agreement.3259

       When the impaired practitioner resumes practice, the board 3260
shall require continued monitoring of the individual. The 3261
monitoring shall include, but not be limited to, compliance with 3262
the written consent agreement entered into before reinstatement or 3263
with conditions imposed by board order after a hearing, and, upon 3264
termination of the consent agreement, submission to the board for 3265
at least two years of annual written progress reports made under 3266
penalty of perjury stating whether the individual has maintained 3267
sobriety.3268

       (27) A second or subsequent violation of section 4731.66 or 3269
4731.69 of the Revised Code;3270

       (28) Except as provided in division (N) of this section:3271

       (a) Waiving the payment of all or any part of a deductible or 3272
copayment that a patient, pursuant to a health insurance or health 3273
care policy, contract, or plan that covers the individual's 3274
services, otherwise would be required to pay if the waiver is used 3275
as an enticement to a patient or group of patients to receive 3276
health care services from that individual;3277

       (b) Advertising that the individual will waive the payment of 3278
all or any part of a deductible or copayment that a patient, 3279
pursuant to a health insurance or health care policy, contract, or 3280
plan that covers the individual's services, otherwise would be 3281
required to pay.3282

       (29) Failure to use universal blood and body fluid 3283
precautions established by rules adopted under section 4731.051 of 3284
the Revised Code;3285

       (30) Failure to provide notice to, and receive acknowledgment 3286
of the notice from, a patient when required by section 4731.143 of 3287
the Revised Code prior to providing nonemergency professional 3288
services, or failure to maintain that notice in the patient's 3289
file;3290

       (31) Failure of a physician supervising a physician assistant 3291
to maintain supervision in accordance with the requirements of 3292
Chapter 4730. of the Revised Code and the rules adopted under that 3293
chapter;3294

       (32) Failure of a physician or podiatrist to enter into a 3295
standard care arrangement with a clinical nurse specialist, 3296
certified nurse-midwife, or certified nurse practitioner with whom 3297
the physician or podiatrist is in collaboration pursuant to 3298
section 4731.27 of the Revised Code or failure to fulfill the 3299
responsibilities of collaboration after entering into a standard 3300
care arrangement;3301

       (33) Failure to comply with the terms of a consult agreement 3302
entered into with a pharmacist pursuant to section 4729.39 of the 3303
Revised Code;3304

       (34) Failure to cooperate in an investigation conducted by 3305
the board under division (F) of this section, including failure to 3306
comply with a subpoena or order issued by the board or failure to 3307
answer truthfully a question presented by the board in an 3308
investigative interview, an investigative office conference, at a 3309
deposition, or in written interrogatories, except that failure to 3310
cooperate with an investigation shall not constitute grounds for 3311
discipline under this section if a court of competent jurisdiction 3312
has issued an order that either quashes a subpoena or permits the 3313
individual to withhold the testimony or evidence in issue;3314

       (35) Failure to supervise an oriental medicine practitioner 3315
or acupuncturist in accordance with Chapter 4762. of the Revised 3316
Code and the board's rules for providing that supervision;3317

       (36) Failure to supervise an anesthesiologist assistant in 3318
accordance with Chapter 4760. of the Revised Code and the board's 3319
rules for supervision of an anesthesiologist assistant;3320

       (37) Assisting suicide, as defined in section 3795.01 of the 3321
Revised Code;3322

       (38) Failure to comply with the requirements of section 3323
2317.561 of the Revised Code;3324

       (39) Failure to supervise a radiologist assistant in 3325
accordance with Chapter 4774. of the Revised Code and the board's 3326
rules for supervision of radiologist assistants;3327

       (40) Performing or inducing an abortion at an office or 3328
facility with knowledge that the office or facility fails to post 3329
the notice required under section 3701.791 of the Revised Code;3330

       (41) Failure to comply with the standards and procedures 3331
established in rules under section 4731.054 of the Revised Code 3332
for the operation of or the provision of care at a pain management 3333
clinic;3334

        (42) Failure to comply with the standards and procedures 3335
established in rules under section 4731.054 of the Revised Code 3336
for providing supervision, direction, and control of individuals 3337
at a pain management clinic;3338

       (43) Failure to comply with the requirements of section 3339
4729.79 of the Revised Code, unless the state board of pharmacy no 3340
longer maintains a drug database pursuant to section 4729.75 of 3341
the Revised Code;3342

       (44) Failure to comply with the requirements of section 3343
2919.171 of the Revised Code or failure to submit to the 3344
department of health in accordance with a court order a complete 3345
report as described in section 2919.171 of the Revised Code;3346

       (45) Practicing at a facility that is subject to licensure as 3347
a category III terminal distributor of dangerous drugs with a pain 3348
management clinic classification unless the person operating the 3349
facility has obtained and maintains the license with the 3350
classification;3351

       (46) Owning a facility that is subject to licensure as a 3352
category III terminal distributor of dangerous drugs with a pain 3353
management clinic classification unless the facility is licensed 3354
with the classification;3355

       (47) Failure to comply with the requirement regarding 3356
maintaining notes described in division (B) of section 2919.191 of 3357
the Revised Code or failure to satisfy the requirements of section 3358
2919.191 of the Revised Code prior to performing or inducing an 3359
abortion upon a pregnant woman;3360

       (48) Failure to comply with the requirements in section 3361
3719.061 of the Revised Code before issuing tofor a minor a 3362
prescription for a controlled substance containing an opioid 3363
analgesic, as defined in section 3719.01 of the Revised Code.3364

       (C) Disciplinary actions taken by the board under divisions 3365
(A) and (B) of this section shall be taken pursuant to an 3366
adjudication under Chapter 119. of the Revised Code, except that 3367
in lieu of an adjudication, the board may enter into a consent 3368
agreement with an individual to resolve an allegation of a 3369
violation of this chapter or any rule adopted under it. A consent 3370
agreement, when ratified by an affirmative vote of not fewer than 3371
six members of the board, shall constitute the findings and order 3372
of the board with respect to the matter addressed in the 3373
agreement. If the board refuses to ratify a consent agreement, the 3374
admissions and findings contained in the consent agreement shall 3375
be of no force or effect.3376

       A telephone conference call may be utilized for ratification 3377
of a consent agreement that revokes or suspends an individual's 3378
certificate to practice. The telephone conference call shall be 3379
considered a special meeting under division (F) of section 121.22 3380
of the Revised Code.3381

       If the board takes disciplinary action against an individual 3382
under division (B) of this section for a second or subsequent plea 3383
of guilty to, or judicial finding of guilt of, a violation of 3384
section 2919.123 of the Revised Code, the disciplinary action 3385
shall consist of a suspension of the individual's certificate to 3386
practice for a period of at least one year or, if determined 3387
appropriate by the board, a more serious sanction involving the 3388
individual's certificate to practice. Any consent agreement 3389
entered into under this division with an individual that pertains 3390
to a second or subsequent plea of guilty to, or judicial finding 3391
of guilt of, a violation of that section shall provide for a 3392
suspension of the individual's certificate to practice for a 3393
period of at least one year or, if determined appropriate by the 3394
board, a more serious sanction involving the individual's 3395
certificate to practice.3396

       (D) For purposes of divisions (B)(10), (12), and (14) of this 3397
section, the commission of the act may be established by a finding 3398
by the board, pursuant to an adjudication under Chapter 119. of 3399
the Revised Code, that the individual committed the act. The board 3400
does not have jurisdiction under those divisions if the trial 3401
court renders a final judgment in the individual's favor and that 3402
judgment is based upon an adjudication on the merits. The board 3403
has jurisdiction under those divisions if the trial court issues 3404
an order of dismissal upon technical or procedural grounds.3405

       (E) The sealing of conviction records by any court shall have 3406
no effect upon a prior board order entered under this section or 3407
upon the board's jurisdiction to take action under this section 3408
if, based upon a plea of guilty, a judicial finding of guilt, or a 3409
judicial finding of eligibility for intervention in lieu of 3410
conviction, the board issued a notice of opportunity for a hearing 3411
prior to the court's order to seal the records. The board shall 3412
not be required to seal, destroy, redact, or otherwise modify its 3413
records to reflect the court's sealing of conviction records.3414

       (F)(1) The board shall investigate evidence that appears to 3415
show that a person has violated any provision of this chapter or 3416
any rule adopted under it. Any person may report to the board in a 3417
signed writing any information that the person may have that 3418
appears to show a violation of any provision of this chapter or 3419
any rule adopted under it. In the absence of bad faith, any person 3420
who reports information of that nature or who testifies before the 3421
board in any adjudication conducted under Chapter 119. of the 3422
Revised Code shall not be liable in damages in a civil action as a 3423
result of the report or testimony. Each complaint or allegation of 3424
a violation received by the board shall be assigned a case number 3425
and shall be recorded by the board.3426

       (2) Investigations of alleged violations of this chapter or 3427
any rule adopted under it shall be supervised by the supervising 3428
member elected by the board in accordance with section 4731.02 of 3429
the Revised Code and by the secretary as provided in section 3430
4731.39 of the Revised Code. The president may designate another 3431
member of the board to supervise the investigation in place of the 3432
supervising member. No member of the board who supervises the 3433
investigation of a case shall participate in further adjudication 3434
of the case.3435

       (3) In investigating a possible violation of this chapter or 3436
any rule adopted under this chapter, or in conducting an 3437
inspection under division (E) of section 4731.054 of the Revised 3438
Code, the board may question witnesses, conduct interviews, 3439
administer oaths, order the taking of depositions, inspect and 3440
copy any books, accounts, papers, records, or documents, issue 3441
subpoenas, and compel the attendance of witnesses and production 3442
of books, accounts, papers, records, documents, and testimony, 3443
except that a subpoena for patient record information shall not be 3444
issued without consultation with the attorney general's office and 3445
approval of the secretary and supervising member of the board. 3446

       (a) Before issuance of a subpoena for patient record 3447
information, the secretary and supervising member shall determine 3448
whether there is probable cause to believe that the complaint 3449
filed alleges a violation of this chapter or any rule adopted 3450
under it and that the records sought are relevant to the alleged 3451
violation and material to the investigation. The subpoena may 3452
apply only to records that cover a reasonable period of time 3453
surrounding the alleged violation.3454

       (b) On failure to comply with any subpoena issued by the 3455
board and after reasonable notice to the person being subpoenaed, 3456
the board may move for an order compelling the production of 3457
persons or records pursuant to the Rules of Civil Procedure.3458

       (c) A subpoena issued by the board may be served by a 3459
sheriff, the sheriff's deputy, or a board employee designated by 3460
the board. Service of a subpoena issued by the board may be made 3461
by delivering a copy of the subpoena to the person named therein, 3462
reading it to the person, or leaving it at the person's usual 3463
place of residence, usual place of business, or address on file 3464
with the board. When serving a subpoena to an applicant for or the 3465
holder of a certificate issued under this chapter, service of the 3466
subpoena may be made by certified mail, return receipt requested, 3467
and the subpoena shall be deemed served on the date delivery is 3468
made or the date the person refuses to accept delivery. If the 3469
person being served refuses to accept the subpoena or is not 3470
located, service may be made to an attorney who notifies the board 3471
that the attorney is representing the person.3472

       (d) A sheriff's deputy who serves a subpoena shall receive 3473
the same fees as a sheriff. Each witness who appears before the 3474
board in obedience to a subpoena shall receive the fees and 3475
mileage provided for under section 119.094 of the Revised Code.3476

       (4) All hearings, investigations, and inspections of the 3477
board shall be considered civil actions for the purposes of 3478
section 2305.252 of the Revised Code.3479

       (5) A report required to be submitted to the board under this 3480
chapter, a complaint, or information received by the board 3481
pursuant to an investigation or pursuant to an inspection under 3482
division (E) of section 4731.054 of the Revised Code is 3483
confidential and not subject to discovery in any civil action.3484

       The board shall conduct all investigations or inspections and 3485
proceedings in a manner that protects the confidentiality of 3486
patients and persons who file complaints with the board. The board 3487
shall not make public the names or any other identifying 3488
information about patients or complainants unless proper consent 3489
is given or, in the case of a patient, a waiver of the patient 3490
privilege exists under division (B) of section 2317.02 of the 3491
Revised Code, except that consent or a waiver of that nature is 3492
not required if the board possesses reliable and substantial 3493
evidence that no bona fide physician-patient relationship exists.3494

       The board may share any information it receives pursuant to 3495
an investigation or inspection, including patient records and 3496
patient record information, with law enforcement agencies, other 3497
licensing boards, and other governmental agencies that are 3498
prosecuting, adjudicating, or investigating alleged violations of 3499
statutes or administrative rules. An agency or board that receives 3500
the information shall comply with the same requirements regarding 3501
confidentiality as those with which the state medical board must 3502
comply, notwithstanding any conflicting provision of the Revised 3503
Code or procedure of the agency or board that applies when it is 3504
dealing with other information in its possession. In a judicial 3505
proceeding, the information may be admitted into evidence only in 3506
accordance with the Rules of Evidence, but the court shall require 3507
that appropriate measures are taken to ensure that confidentiality 3508
is maintained with respect to any part of the information that 3509
contains names or other identifying information about patients or 3510
complainants whose confidentiality was protected by the state 3511
medical board when the information was in the board's possession. 3512
Measures to ensure confidentiality that may be taken by the court 3513
include sealing its records or deleting specific information from 3514
its records.3515

       (6) On a quarterly basis, the board shall prepare a report 3516
that documents the disposition of all cases during the preceding 3517
three months. The report shall contain the following information 3518
for each case with which the board has completed its activities:3519

       (a) The case number assigned to the complaint or alleged 3520
violation;3521

       (b) The type of certificate to practice, if any, held by the 3522
individual against whom the complaint is directed;3523

       (c) A description of the allegations contained in the 3524
complaint;3525

       (d) The disposition of the case.3526

       The report shall state how many cases are still pending and 3527
shall be prepared in a manner that protects the identity of each 3528
person involved in each case. The report shall be a public record 3529
under section 149.43 of the Revised Code.3530

       (G) If the secretary and supervising member determine both of 3531
the following, they may recommend that the board suspend an 3532
individual's certificate to practice without a prior hearing:3533

       (1) That there is clear and convincing evidence that an 3534
individual has violated division (B) of this section;3535

       (2) That the individual's continued practice presents a 3536
danger of immediate and serious harm to the public. 3537

        Written allegations shall be prepared for consideration by 3538
the board. The board, upon review of those allegations and by an 3539
affirmative vote of not fewer than six of its members, excluding 3540
the secretary and supervising member, may suspend a certificate 3541
without a prior hearing. A telephone conference call may be 3542
utilized for reviewing the allegations and taking the vote on the 3543
summary suspension.3544

       The board shall issue a written order of suspension by 3545
certified mail or in person in accordance with section 119.07 of 3546
the Revised Code. The order shall not be subject to suspension by 3547
the court during pendency of any appeal filed under section 119.12 3548
of the Revised Code. If the individual subject to the summary 3549
suspension requests an adjudicatory hearing by the board, the date 3550
set for the hearing shall be within fifteen days, but not earlier 3551
than seven days, after the individual requests the hearing, unless 3552
otherwise agreed to by both the board and the individual.3553

       Any summary suspension imposed under this division shall 3554
remain in effect, unless reversed on appeal, until a final 3555
adjudicative order issued by the board pursuant to this section 3556
and Chapter 119. of the Revised Code becomes effective. The board 3557
shall issue its final adjudicative order within seventy-five days 3558
after completion of its hearing. A failure to issue the order 3559
within seventy-five days shall result in dissolution of the 3560
summary suspension order but shall not invalidate any subsequent, 3561
final adjudicative order.3562

       (H) If the board takes action under division (B)(9), (11), or 3563
(13) of this section and the judicial finding of guilt, guilty 3564
plea, or judicial finding of eligibility for intervention in lieu 3565
of conviction is overturned on appeal, upon exhaustion of the 3566
criminal appeal, a petition for reconsideration of the order may 3567
be filed with the board along with appropriate court documents. 3568
Upon receipt of a petition of that nature and supporting court 3569
documents, the board shall reinstate the individual's certificate 3570
to practice. The board may then hold an adjudication under Chapter 3571
119. of the Revised Code to determine whether the individual 3572
committed the act in question. Notice of an opportunity for a 3573
hearing shall be given in accordance with Chapter 119. of the 3574
Revised Code. If the board finds, pursuant to an adjudication held 3575
under this division, that the individual committed the act or if 3576
no hearing is requested, the board may order any of the sanctions 3577
identified under division (B) of this section.3578

       (I) The certificate to practice issued to an individual under 3579
this chapter and the individual's practice in this state are 3580
automatically suspended as of the date of the individual's second 3581
or subsequent plea of guilty to, or judicial finding of guilt of, 3582
a violation of section 2919.123 of the Revised Code, or the date 3583
the individual pleads guilty to, is found by a judge or jury to be 3584
guilty of, or is subject to a judicial finding of eligibility for 3585
intervention in lieu of conviction in this state or treatment or 3586
intervention in lieu of conviction in another jurisdiction for any 3587
of the following criminal offenses in this state or a 3588
substantially equivalent criminal offense in another jurisdiction: 3589
aggravated murder, murder, voluntary manslaughter, felonious 3590
assault, kidnapping, rape, sexual battery, gross sexual 3591
imposition, aggravated arson, aggravated robbery, or aggravated 3592
burglary. Continued practice after suspension shall be considered 3593
practicing without a certificate.3594

       The board shall notify the individual subject to the 3595
suspension by certified mail or in person in accordance with 3596
section 119.07 of the Revised Code. If an individual whose 3597
certificate is automatically suspended under this division fails 3598
to make a timely request for an adjudication under Chapter 119. of 3599
the Revised Code, the board shall do whichever of the following is 3600
applicable:3601

       (1) If the automatic suspension under this division is for a 3602
second or subsequent plea of guilty to, or judicial finding of 3603
guilt of, a violation of section 2919.123 of the Revised Code, the 3604
board shall enter an order suspending the individual's certificate 3605
to practice for a period of at least one year or, if determined 3606
appropriate by the board, imposing a more serious sanction 3607
involving the individual's certificate to practice.3608

       (2) In all circumstances in which division (I)(1) of this 3609
section does not apply, enter a final order permanently revoking 3610
the individual's certificate to practice.3611

       (J) If the board is required by Chapter 119. of the Revised 3612
Code to give notice of an opportunity for a hearing and if the 3613
individual subject to the notice does not timely request a hearing 3614
in accordance with section 119.07 of the Revised Code, the board 3615
is not required to hold a hearing, but may adopt, by an 3616
affirmative vote of not fewer than six of its members, a final 3617
order that contains the board's findings. In that final order, the 3618
board may order any of the sanctions identified under division (A) 3619
or (B) of this section.3620

       (K) Any action taken by the board under division (B) of this 3621
section resulting in a suspension from practice shall be 3622
accompanied by a written statement of the conditions under which 3623
the individual's certificate to practice may be reinstated. The 3624
board shall adopt rules governing conditions to be imposed for 3625
reinstatement. Reinstatement of a certificate suspended pursuant 3626
to division (B) of this section requires an affirmative vote of 3627
not fewer than six members of the board.3628

       (L) When the board refuses to grant a certificate to an 3629
applicant, revokes an individual's certificate to practice, 3630
refuses to register an applicant, or refuses to reinstate an 3631
individual's certificate to practice, the board may specify that 3632
its action is permanent. An individual subject to a permanent 3633
action taken by the board is forever thereafter ineligible to hold 3634
a certificate to practice and the board shall not accept an 3635
application for reinstatement of the certificate or for issuance 3636
of a new certificate.3637

       (M) Notwithstanding any other provision of the Revised Code, 3638
all of the following apply:3639

       (1) The surrender of a certificate issued under this chapter 3640
shall not be effective unless or until accepted by the board. A 3641
telephone conference call may be utilized for acceptance of the 3642
surrender of an individual's certificate to practice. The 3643
telephone conference call shall be considered a special meeting 3644
under division (F) of section 121.22 of the Revised Code. 3645
Reinstatement of a certificate surrendered to the board requires 3646
an affirmative vote of not fewer than six members of the board.3647

       (2) An application for a certificate made under the 3648
provisions of this chapter may not be withdrawn without approval 3649
of the board.3650

       (3) Failure by an individual to renew a certificate of 3651
registration in accordance with this chapter shall not remove or 3652
limit the board's jurisdiction to take any disciplinary action 3653
under this section against the individual.3654

       (4) At the request of the board, a certificate holder shall 3655
immediately surrender to the board a certificate that the board 3656
has suspended, revoked, or permanently revoked.3657

       (N) Sanctions shall not be imposed under division (B)(28) of 3658
this section against any person who waives deductibles and 3659
copayments as follows:3660

       (1) In compliance with the health benefit plan that expressly 3661
allows such a practice. Waiver of the deductibles or copayments 3662
shall be made only with the full knowledge and consent of the plan 3663
purchaser, payer, and third-party administrator. Documentation of 3664
the consent shall be made available to the board upon request.3665

       (2) For professional services rendered to any other person 3666
authorized to practice pursuant to this chapter, to the extent 3667
allowed by this chapter and rules adopted by the board.3668

       (O) Under the board's investigative duties described in this 3669
section and subject to division (F) of this section, the board 3670
shall develop and implement a quality intervention program 3671
designed to improve through remedial education the clinical and 3672
communication skills of individuals authorized under this chapter 3673
to practice medicine and surgery, osteopathic medicine and 3674
surgery, and podiatric medicine and surgery. In developing and 3675
implementing the quality intervention program, the board may do 3676
all of the following:3677

       (1) Offer in appropriate cases as determined by the board an 3678
educational and assessment program pursuant to an investigation 3679
the board conducts under this section;3680

       (2) Select providers of educational and assessment services, 3681
including a quality intervention program panel of case reviewers;3682

       (3) Make referrals to educational and assessment service 3683
providers and approve individual educational programs recommended 3684
by those providers. The board shall monitor the progress of each 3685
individual undertaking a recommended individual educational 3686
program.3687

       (4) Determine what constitutes successful completion of an 3688
individual educational program and require further monitoring of 3689
the individual who completed the program or other action that the 3690
board determines to be appropriate;3691

       (5) Adopt rules in accordance with Chapter 119. of the 3692
Revised Code to further implement the quality intervention 3693
program.3694

       An individual who participates in an individual educational 3695
program pursuant to this division shall pay the financial 3696
obligations arising from that educational program.3697

       Sec. 4731.281.  (A) On or before the deadline established 3698
under division (B) of this section for applying for renewal of a 3699
certificate of registration, each person holding a certificate 3700
under this chapter to practice medicine and surgery, osteopathic 3701
medicine and surgery, or podiatric medicine and surgery shall 3702
certify to the state medical board that in the preceding two years 3703
the person has completed one hundred hours of continuing medical 3704
education. The certification shall be made upon the application 3705
for biennial registration submitted pursuant to division (B) of 3706
this section. The board shall adopt rules providing for pro rata 3707
reductions by month of the number of hours of continuing education 3708
required for persons who are in their first registration period, 3709
who have been disabled due to illness or accident, or who have 3710
been absent from the country.3711

       In determining whether a course, program, or activity 3712
qualifies for credit as continuing medical education, the board 3713
shall approve all continuing medical education taken by persons 3714
holding a certificate to practice medicine and surgery that is 3715
certified by the Ohio state medical association, all continuing 3716
medical education taken by persons holding a certificate to 3717
practice osteopathic medicine and surgery that is certified by the 3718
Ohio osteopathic association, and all continuing medical education 3719
taken by persons holding a certificate to practice podiatric 3720
medicine and surgery that is certified by the Ohio podiatric 3721
medical association. Each person holding a certificate to practice 3722
under this chapter shall be given sufficient choice of continuing 3723
education programs to ensure that the person has had a reasonable 3724
opportunity to participate in continuing education programs that 3725
are relevant to the person's medical practice in terms of subject 3726
matter and level.3727

       The board may require a random sample of persons holding a 3728
certificate to practice under this chapter to submit materials 3729
documenting completion of the continuing medical education 3730
requirement during the preceding registration period, but this 3731
provision shall not limit the board's authority to investigate 3732
pursuant to section 4731.22 of the Revised Code.3733

       (B)(1) Every person holding a certificate under this chapter 3734
to practice medicine and surgery, osteopathic medicine and 3735
surgery, or podiatric medicine and surgery wishing to renew that 3736
certificate shall apply to the board for a certificate of 3737
registration upon an application furnished by the board, and pay 3738
to the board at the time of application a fee of three hundred 3739
five dollars, according to the following schedule:3740

       (a) Persons whose last name begins with the letters "A" 3741
through "B," on or before April 1, 2001, and the first day of 3742
April of every odd-numbered year thereafter;3743

       (b) Persons whose last name begins with the letters "C" 3744
through "D," on or before January 1, 2001, and the first day of 3745
January of every odd-numbered year thereafter;3746

       (c) Persons whose last name begins with the letters "E" 3747
through "G," on or before October 1, 2000, and the first day of 3748
October of every even-numbered year thereafter;3749

       (d) Persons whose last name begins with the letters "H" 3750
through "K," on or before July 1, 2000, and the first day of July 3751
of every even-numbered year thereafter;3752

       (e) Persons whose last name begins with the letters "L" 3753
through "M," on or before April 1, 2000, and the first day of 3754
April of every even-numbered year thereafter;3755

       (f) Persons whose last name begins with the letters "N" 3756
through "R," on or before January 1, 2000, and the first day of 3757
January of every even-numbered year thereafter;3758

       (g) Persons whose last name begins with the letter "S," on or 3759
before October 1, 1999, and the first day of October of every 3760
odd-numbered year thereafter;3761

       (h) Persons whose last name begins with the letters "T" 3762
through "Z," on or before July 1, 1999, and the first day of July 3763
of every odd-numbered year thereafter.3764

       The board shall deposit the fee in accordance with section 3765
4731.24 of the Revised Code, except that the board shall deposit 3766
twenty dollars of the fee into the state treasury to the credit of 3767
the physician loan repayment fund created by section 3702.78 of 3768
the Revised Code.3769

       (2) The board shall mail or cause to be mailed to every 3770
person registered to practice medicine and surgery, osteopathic 3771
medicine and surgery, or podiatric medicine and surgery, a notice 3772
of registration renewal addressed to the person's last known 3773
address or may cause the notice to be sent to the person through 3774
the secretary of any recognized medical, osteopathic, or podiatric 3775
society, according to the following schedule:3776

       (a) To persons whose last name begins with the letters "A" 3777
through "B," on or before January 1, 2001, and the first day of 3778
January of every odd-numbered year thereafter;3779

       (b) To persons whose last name begins with the letters "C" 3780
through "D," on or before October 1, 2000, and the first day of 3781
October of every even-numbered year thereafter;3782

       (c) To persons whose last name begins with the letters "E" 3783
through "G," on or before July 1, 2000, and the first day of July 3784
of every even-numbered year thereafter;3785

       (d) To persons whose last name begins with the letters "H" 3786
through "K," on or before April 1, 2000, and the first day of 3787
April of every even-numbered year thereafter;3788

       (e) To persons whose last name begins with the letters "L" 3789
through "M," on or before January 1, 2000, and the first day of 3790
January of every even-numbered year thereafter;3791

       (f) To persons whose last name begins with the letters "N" 3792
through "R," on or before October 1, 1999, and the first day of 3793
October of every odd-numbered year thereafter;3794

       (g) To persons whose last name begins with the letter "S," on 3795
or before July 1, 1999, and the first day of July of every 3796
odd-numbered year thereafter;3797

       (h) To persons whose last name begins with the letters "T" 3798
through "Z," on or before April 1, 1999, and the first day of 3799
April of every odd-numbered year thereafter.3800

       (3) Failure of any person to receive a notice of renewal from 3801
the board shall not excuse the person from the requirements 3802
contained in this section. 3803

       (4) The board's notice shall inform the applicant of the 3804
renewal procedure. The board shall provide the application for 3805
registration renewal in a form determined by the board. 3806

       (5) The applicant shall provide in the application the 3807
applicant's full name, principal practice address and residence 3808
address, the number of the applicant's certificate to practice, 3809
and any other information required by the board. 3810

       (6)(a) Except as provided in division (B)(6)(b) of this 3811
section, in the case of an applicant who prescribes or personally 3812
furnishes opioid analgesics or benzodiazepines, as defined in 3813
section 3719.01 of the Revised Code, the applicant shall certify 3814
to the board whether the applicant has been granted access to the 3815
drug database established and maintained by the state board of 3816
pharmacy pursuant to section 4729.75 of the Revised Code.3817

       (b) The requirement in division (B)(6)(a) of this section 3818
does not apply if eitherany of the following is the case:3819

       (i) The state board of pharmacy notifies the state medical 3820
board pursuant to section 4729.861 of the Revised Code that the 3821
applicant has been restricted from obtaining further information 3822
from the drug database.3823

       (ii) The state board of pharmacy no longer maintains the drug 3824
database.3825

       (iii) The applicant does not practice medicine and surgery, 3826
osteopathic medicine and surgery, or podiatric medicine and 3827
surgery in this state.3828

       (c) If an applicant certifies to the state medical board that 3829
the applicant has been granted access to the drug database and the 3830
board finds through an audit or other means that the applicant has 3831
not been granted access, the board may take action under section 3832
4731.22 of the Revised Code.3833

       (7) The applicant shall include with the application a list 3834
of the names and addresses of any clinical nurse specialists, 3835
certified nurse-midwives, or certified nurse practitioners with 3836
whom the applicant is currently collaborating, as defined in 3837
section 4723.01 of the Revised Code. Every person registered under 3838
this section shall give written notice to the state medical board 3839
of any change of principal practice address or residence address 3840
or in the list within thirty days of the change.3841

       (8) The applicant shall report any criminal offense to which 3842
the applicant has pleaded guilty, of which the applicant has been 3843
found guilty, or for which the applicant has been found eligible 3844
for intervention in lieu of conviction, since last filing an 3845
application for a certificate of registration.3846

       (9) The applicant shall execute and deliver the application 3847
to the board in a manner prescribed by the board.3848

       (C) The board shall issue to any person holding a certificate 3849
under this chapter to practice medicine and surgery, osteopathic 3850
medicine and surgery, or podiatric medicine and surgery, upon 3851
application and qualification therefor in accordance with this 3852
section, a certificate of registration under the seal of the 3853
board. A certificate of registration shall be valid for a two-year 3854
period.3855

       (D) Failure of any certificate holder to register and comply 3856
with this section shall operate automatically to suspend the 3857
holder's certificate to practice. Continued practice after the 3858
suspension of the certificate to practice shall be considered as 3859
practicing in violation of section 4731.41, 4731.43, or 4731.60 of 3860
the Revised Code. If the certificate has been suspended pursuant 3861
to this division for two years or less, it may be reinstated. The 3862
board shall reinstate a certificate to practice suspended for 3863
failure to register upon an applicant's submission of a renewal 3864
application, the biennial registration fee, and the applicable 3865
monetary penalty. The penalty for reinstatement shall be fifty 3866
dollars. If the certificate has been suspended pursuant to this 3867
division for more than two years, it may be restored. Subject to 3868
section 4731.222 of the Revised Code, the board may restore a 3869
certificate to practice suspended for failure to register upon an 3870
applicant's submission of a restoration application, the biennial 3871
registration fee, and the applicable monetary penalty and 3872
compliance with sections 4776.01 to 4776.04 of the Revised Code. 3873
The board shall not restore to an applicant a certificate to 3874
practice unless the board, in its discretion, decides that the 3875
results of the criminal records check do not make the applicant 3876
ineligible for a certificate issued pursuant to section 4731.14, 3877
4731.56, or 4731.57 of the Revised Code. The penalty for 3878
restoration shall be one hundred dollars. The board shall deposit 3879
the penalties in accordance with section 4731.24 of the Revised 3880
Code.3881

       (E) If an individual certifies completion of the number of 3882
hours and type of continuing medical education required to receive 3883
a certificate of registration or reinstatement of a certificate to 3884
practice, and the board finds through the random samples it 3885
conducts under this section or through any other means that the 3886
individual did not complete the requisite continuing medical 3887
education, the board may impose a civil penalty of not more than 3888
five thousand dollars. The board's finding shall be made pursuant 3889
to an adjudication under Chapter 119. of the Revised Code and by 3890
an affirmative vote of not fewer than six members.3891

       A civil penalty imposed under this division may be in 3892
addition to or in lieu of any other action the board may take 3893
under section 4731.22 of the Revised Code. The board shall deposit 3894
civil penalties in accordance with section 4731.24 of the Revised 3895
Code.3896

       (F) The state medical board may obtain information not 3897
protected by statutory or common law privilege from courts and 3898
other sources concerning malpractice claims against any person 3899
holding a certificate to practice under this chapter or practicing 3900
as provided in section 4731.36 of the Revised Code.3901

       (G) Each mailing sent by the board under division (B)(2) of 3902
this section to a person registered to practice medicine and 3903
surgery or osteopathic medicine and surgery shall inform the 3904
applicant of the reporting requirement established by division (H) 3905
of section 3701.79 of the Revised Code. At the discretion of the 3906
board, the information may be included on the application for 3907
registration or on an accompanying page.3908

       Sec. 4773.03.  (A) Each individual seeking a license to 3909
practice as a general x-ray machine operator, radiographer, 3910
radiation therapy technologist, or nuclear medicine technologist 3911
shall apply to the department of health on a form the department 3912
shall prescribe and provide. The application shall be accompanied 3913
by the appropriate license application fee established in rules 3914
adopted under section 4773.08 of the Revised Code.3915

       (B) The department shall review all applications received and 3916
issue the appropriate general x-ray machine operator, 3917
radiographer, radiation therapy technologist, or nuclear medicine 3918
technologist license to each applicant who meets all of the 3919
following requirements:3920

       (1) Is eighteen years of age or older.;3921

       (2) Is of good moral character.;3922

       (3) Except as provided in division (C) of this section, 3923
passes the examination administered under section 4773.04 of the 3924
Revised Code for the applicant's area of practice.;3925

       (4) Complies with any other licensing standards established 3926
in rules adopted under section 4773.08 of the Revised Code.3927

       (C) An applicant is not required to take a licensing 3928
examination if anyone of the following applyapplies to the 3929
applicant:3930

       (1) The individual is applying for a license as a general 3931
x-ray machine operator and holds certification in that area of 3932
practice from the American registry of radiologic technologists or 3933
the American chiropractic registry of radiologic technologists.3934

       (2) The individual is applying for a license as a 3935
radiographer and holds certification in that area of practice from 3936
the American registry of radiologic technologists.3937

       (3) The individual is applying for a license as a radiation 3938
therapy technologist and holds certification in that area of 3939
practice from the American registry of radiologic technologists.3940

       (4) The individual is applying for a license as a nuclear 3941
medicine technologist and holds certification in that area of 3942
practice from the American registry of radiologic technologists or 3943
the nuclear medicine technology certification board.3944

       (5) The individual holds a conditional license issued under 3945
section 4773.05 of the Revised Code and has completed the 3946
continuing education requirements established in rules adopted 3947
under section 4773.08 of the Revised Code.3948

       (6) The individual holds a license, certificate, or other 3949
credential issued by another state that the department determines 3950
uses standards for radiologic professions that are at least equal 3951
to those established under this chapter.3952

       (D) A license issued under this section expires biennially on 3953
the license holder's birthday, except for an initial license which 3954
expires on the license holder's birthday following two years after 3955
it is issued. For an initial license, the fee established in rules 3956
adopted under section 4773.08 of the Revised Code may be increased 3957
in proportion to the amount of time beyond two years that the 3958
license may be valid.3959

       A license may be renewed if. To be eligible for renewal, the 3960
license holder completesmust complete the continuing education 3961
requirements specified in rules adopted by the department under 3962
section 4773.08 of the Revised Code. Applications for license 3963
renewal shall be accompanied by the appropriate renewal fee 3964
established in rules adopted under section 4773.08 of the Revised 3965
Code. Renewals shall be made in accordance with the standard 3966
renewal procedure established under Chapter 4745. of the Revised 3967
Code.3968

       (E)(1) A license that has lapsed or otherwise become inactive 3969
may be reinstated. An individual seeking reinstatement of a 3970
license shall apply to the department on a form the department 3971
shall prescribe and provide. The application shall be accompanied 3972
by the appropriate reinstatement fee established in rules adopted 3973
under section 4773.08 of the Revised Code.3974

        (2) To be eligible for reinstatement, both of the following 3975
apply:3976

        (a) An applicant must continue to meet the conditions for 3977
receiving an initial license, including the examination or 3978
certification requirements specified in division (B) or (C) of 3979
this section. In the case of an applicant seeking reinstatement 3980
based on having passed an examination administered under section 3981
4773.04 of the Revised Code, the length of time that has elapsed 3982
since the examination was passed is not a consideration in 3983
determining whether the applicant is eligible for reinstatement.3984

        (b) The applicant must complete the continuing education 3985
requirements for reinstatement established in rules adopted under 3986
section 4773.08 of the Revised Code.3987

       (F) The department shall refuse to issue or, renew, or 3988
reinstate and may suspend or revoke a general x-ray machine 3989
operator, radiographer, radiation therapy technologist, or nuclear 3990
medicine technologist license if the applicant or license holder 3991
does not comply with the applicable requirements of this chapter 3992
or rules adopted under it.3993

       Sec. 4773.08.  The director of health shall adopt rules to 3994
implement and administer this chapter. In adopting the rules, the 3995
director shall consider any recommendations made by the radiation 3996
advisory council created under section 3701.93 of the Revised 3997
Code. The rules shall be adopted in accordance with Chapter 119. 3998
of the Revised Code and shall not be less stringent than any 3999
applicable standards specified in 42 C.F.R. 75. The rules shall 4000
establish all of the following:4001

       (A) Standards for licensing general x-ray machine operators, 4002
radiographers, radiation therapy technologists, and nuclear 4003
medicine technologists;4004

       (B) Application and, renewal, and reinstatement fees for 4005
licenses issued under this chapter that do not exceed the cost 4006
incurred in issuing and, renewing, and reinstating the licenses;4007

       (C) Standards for accreditation of educational programs and 4008
approval of continuing education programs in general x-ray machine 4009
operation, radiography, radiation therapy technology, and nuclear 4010
medicine technology;4011

       (D) Fees for accrediting educational programs and approving 4012
continuing education programs in general x-ray machine operation, 4013
radiography, radiation therapy technology, and nuclear medicine 4014
technology that do not exceed the cost incurred in accrediting the 4015
educational programs;4016

       (E) Fees for issuing conditional licenses under section 4017
4773.05 of the Revised Code that do not exceed the cost incurred 4018
in issuing the licenses;4019

       (F) Continuing education requirements that must be met to 4020
have a license renewed or reinstated under section 4773.03 of the 4021
Revised Code;4022

       (G) Continuing education requirements that the holder of a 4023
conditional license must meet to receive a license issued under 4024
section 4773.03 of the Revised Code;4025

       (H) Any other rules necessary for the implementation or 4026
administration of this chapter.4027

       Sec. 5104.014.  (A) As used in this section:4028

       (1) "Child" includes both of the following:4029

       (a) An infant, toddler, or preschool age child;4030

       (b) A school-age child who is not enrolled in a public or 4031
nonpublic school but is enrolled in a child day-care center, type 4032
A family day-care home, or licensed type B family day-care home or 4033
receives child care from a certified in-home aide.4034

        (2) "In the process of being immunized" means having received 4035
at least the first dose of an immunization sequence and complying 4036
with the immunization intervals or catch-up schedule prescribed by 4037
the director of health.4038

        (B) Except as provided in division (C) of this section, not 4039
later than thirty days after enrollment in a child day-care 4040
center, type A family day-care home, or licensed type B family 4041
day-care home and every thirteen months thereafter while enrolled 4042
in the center or home and not later than thirty days after 4043
beginning to receive child care from a certified in-home aide and 4044
every thirteen months thereafter while continuing to receive child 4045
care from the aide, each child's caretaker parent shall provide to 4046
the center, home, or in-home aide a medical statement, as 4047
described in division (D) of this section, indicating that the 4048
child has been immunized against or is in the process of being 4049
immunized against all of the following diseases:4050

        (1) Chicken pox;4051

       (2) Diphtheria;4052

        (3) Haemophilus influenzae type b;4053

       (4) Hepatitis A;4054

        (5) Hepatitis B;4055

        (6) Influenza;4056

        (7) Measles;4057

       (8) Mumps;4058

        (9) Pertussis;4059

        (10) Pneumococcal disease;4060

        (11) Poliomyelitis;4061

       (12) Rotavirus;4062

        (13) Rubella;4063

        (14) Tetanus.4064

       (C)(1) A child is not required to be immunized against a 4065
disease specified in division (B) of this section if any of the 4066
following is the case:4067

       (a) Immunization against the disease is medically 4068
contraindicated for the child;4069

       (b) The child's parent or guardian has declined to have the 4070
child immunized against the disease for reasons of conscience, 4071
including religious convictions;4072

       (c) Immunization against the disease is not medically 4073
appropriate for the child's age.4074

       (2) In the case of influenza, a child is not required to be 4075
immunized against the disease if the seasonal vaccine is not 4076
available.4077

       (D)(1) The medical statement shall include all of the 4078
following information: 4079

       (a) The dates that a child received immunizations against 4080
each of the diseases specified in division (B) of this section;4081

       (b) Whether a child is subject to any of the exceptions 4082
specified in division (C) of this section.4083

       (2) The medical statement shall include a component where a 4084
parent or guardian may indicate that the parent or guardian has 4085
declined to have the child immunized.4086

       Sec. 5104.015.  The director of job and family services shall 4087
adopt rules in accordance with Chapter 119. of the Revised Code 4088
governing the operation of child day-care centers, including 4089
parent cooperative centers, part-time centers, drop-in centers, 4090
and school-age child care centers. The rules shall reflect the 4091
various forms of child care and the needs of children receiving 4092
child care or publicly funded child care and shall include 4093
specific rules for school-age child care centers that are 4094
developed in consultation with the department of education. The 4095
rules shall not require an existing school facility that is in 4096
compliance with applicable building codes to undergo an additional 4097
building code inspection or to have structural modifications. The 4098
rules shall include the following:4099

       (A) Submission of a site plan and descriptive plan of 4100
operation to demonstrate how the center proposes to meet the 4101
requirements of this chapter and rules adopted pursuant to this 4102
chapter for the initial license application;4103

       (B) Standards for ensuring that the physical surroundings of 4104
the center are safe and sanitary including the physical 4105
environment, the physical plant, and the equipment of the center;4106

       (C) Standards for the supervision, care, and discipline of 4107
children receiving child care or publicly funded child care in the 4108
center;4109

       (D) Standards for a program of activities, and for play 4110
equipment, materials, and supplies, to enhance the development of 4111
each child; however, any educational curricula, philosophies, and 4112
methodologies that are developmentally appropriate and that 4113
enhance the social, emotional, intellectual, and physical 4114
development of each child shall be permissible. As used in this 4115
division, "program" does not include instruction in religious or 4116
moral doctrines, beliefs, or values that is conducted at child 4117
day-care centers owned and operated by churches and does include 4118
methods of disciplining children at child day-care centers.4119

       (E) Admissions policies and procedures, health;4120

       (F) Health care policies and procedures, including procedures 4121
for the isolation of children with communicable diseases, first;4122

       (G) First aid and emergency procedures, procedures;4123

       (H) Procedures for discipline and supervision of children, 4124
standards;4125

       (I) Standards for the provision of nutritious meals and 4126
snacks, and procedures;4127

       (J) Procedures for screening children and employees, that may 4128
include any necessary physical examinations and shall include4129
immunizations in accordance with section 5104.014 of the Revised 4130
Code;4131

       (F)(K) Procedures for screening employees that may include 4132
any necessary physical examinations and immunizations;4133

       (L) Methods for encouraging parental participation in the 4134
center and methods for ensuring that the rights of children, 4135
parents, and employees are protected and that responsibilities of 4136
parents and employees are met;4137

       (G)(M) Procedures for ensuring the safety and adequate 4138
supervision of children traveling off the premises of the center 4139
while under the care of a center employee;4140

       (H)(N) Procedures for record keeping, organization, and 4141
administration;4142

       (I)(O) Procedures for issuing, denying, and revoking a 4143
license that are not otherwise provided for in Chapter 119. of the 4144
Revised Code;4145

       (J)(P) Inspection procedures;4146

       (K)(Q) Procedures and standards for setting initial license 4147
application fees;4148

       (L)(R) Procedures for receiving, recording, and responding to 4149
complaints about centers;4150

       (M)(S) Procedures for enforcing section 5104.04 of the 4151
Revised Code;4152

       (N)(T) A standard requiring the inclusion of a current 4153
department of job and family services toll-free telephone number 4154
on each center provisional license or license which any person may 4155
use to report a suspected violation by the center of this chapter 4156
or rules adopted pursuant to this chapter;4157

       (O)(U) Requirements for the training of administrators and 4158
child-care staff members in first aid, in prevention, recognition, 4159
and management of communicable diseases, and in child abuse 4160
recognition and prevention. Training requirements for child 4161
day-care centers adopted under this division shall be consistent 4162
with sections 5104.034 and 5104.037 of the Revised Code.4163

       (P)(V) Standards providing for the special needs of children 4164
who are handicapped or who require treatment for health conditions 4165
while the child is receiving child care or publicly funded child 4166
care in the center;4167

       (Q)(W) A procedure for reporting of injuries of children that 4168
occur at the center;4169

       (R)(X) Standards for licensing child day-care centers for 4170
children with short-term illnesses and other temporary medical 4171
conditions;4172

       (S)(Y) Any other procedures and standards necessary to carry 4173
out the provisions of this chapter regarding child day-care 4174
centers.4175

       Sec. 5104.017. The director of job and family services shall 4176
adopt rules pursuant to Chapter 119. of the Revised Code governing 4177
the operation of type A family day-care homes, including parent 4178
cooperative type A homes, part-time type A homes, drop-in type A 4179
homes, and school-age child type A homes. The rules shall reflect 4180
the various forms of child care and the needs of children 4181
receiving child care. The rules shall include the following: 4182

       (A) Submission of a site plan and descriptive plan of 4183
operation to demonstrate how the type A home proposes to meet the 4184
requirements of this chapter and rules adopted pursuant to this 4185
chapter for the initial license application;4186

       (B) Standards for ensuring that the physical surroundings of 4187
the type A home are safe and sanitary, including the physical 4188
environment, the physical plant, and the equipment of the type A 4189
home; 4190

       (C) Standards for the supervision, care, and discipline of 4191
children receiving child care or publicly funded child care in the 4192
type A home; 4193

       (D) Standards for a program of activities, and for play 4194
equipment, materials, and supplies, to enhance the development of 4195
each child; however, any educational curricula, philosophies, and 4196
methodologies that are developmentally appropriate and that 4197
enhance the social, emotional, intellectual, and physical 4198
development of each child shall be permissible;4199

       (E) Admissions policies and procedures, health;4200

       (F) Health care policies and procedures, including procedures 4201
for the isolation of children with communicable diseases, first;4202

       (G) First aid and emergency procedures, procedures;4203

       (H) Procedures for discipline and supervision of children, 4204
standards;4205

       (I) Standards for the provision of nutritious meals and 4206
snacks, and procedures;4207

       (J) Procedures for screening children and employees, 4208
including any necessary physical examinations and the4209
immunizations required pursuant to section 5104.014 of the Revised 4210
Code; 4211

       (F)(K) Procedures for screening employees, including any 4212
necessary physical examinations and immunizations;4213

       (L) Methods for encouraging parental participation in the 4214
type A home and methods for ensuring that the rights of children, 4215
parents, and employees are protected and that the responsibilities 4216
of parents and employees are met;4217

       (G)(M) Procedures for ensuring the safety and adequate 4218
supervision of children traveling off the premises of the type A 4219
home while under the care of a type A home employee;4220

       (H)(N) Procedures for record keeping, organization, and 4221
administration; 4222

       (I)(O) Procedures for issuing, denying, and revoking a 4223
license that are not otherwise provided for in Chapter 119. of the 4224
Revised Code; 4225

       (J)(P) Inspection procedures; 4226

       (K)(Q) Procedures and standards for setting initial license 4227
application fees;4228

       (L)(R) Procedures for receiving, recording, and responding to 4229
complaints about type A homes; 4230

       (M)(S) Procedures for enforcing section 5104.04 of the 4231
Revised Code; 4232

       (N)(T) A standard requiring the inclusion of a current 4233
department of job and family services toll-free telephone number 4234
on each type A home license that any person may use to report a 4235
suspected violation by the type A home of this chapter or rules 4236
adopted pursuant to this chapter; 4237

       (O)(U) Requirements for the training of administrators and 4238
child-care staff members in first aid, in prevention, recognition, 4239
and management of communicable diseases, and in child abuse 4240
recognition and prevention; 4241

       (P)(V) Standards providing for the special needs of children 4242
who are handicapped or who require treatment for health conditions 4243
while the child is receiving child care or publicly funded child 4244
care in the type A home; 4245

       (Q)(W) Standards for the maximum number of children per 4246
child-care staff member; 4247

       (R)(X) Requirements for the amount of usable indoor floor 4248
space for each child;4249

       (S)(Y) Requirements for safe outdoor play space;4250

       (T)(Z) Qualifications and training requirements for 4251
administrators and for child-care staff members;4252

       (U)(AA) Procedures for granting a parent who is the 4253
residential parent and legal custodian, or a custodian or guardian 4254
access to the type A home during its hours of operation; 4255

       (V)(BB) Standards for the preparation and distribution of a 4256
roster of parents, custodians, and guardians;4257

       (W)(CC) Any other procedures and standards necessary to carry 4258
out the provisions of this chapter regarding type A homes.4259

       Sec. 5104.018.  The director of job and family services shall 4260
adopt rules in accordance with Chapter 119. of the Revised Code 4261
governing the licensure of type B family day-care homes. The rules 4262
shall provide for safeguarding the health, safety, and welfare of 4263
children receiving child care or publicly funded child care in a 4264
licensed type B family day-care home and shall include all of the 4265
following:4266

       (A) Requirements for the type B home to notify parents with 4267
children in the type B home that the type B home is certified as a 4268
foster home under section 5103.03 of the Revised Code. 4269

       (B) Standards for ensuring that the type B home and the 4270
physical surroundings of the type B home are safe and sanitary, 4271
including physical environment, physical plant, and equipment; 4272

       (C) Standards for the supervision, care, and discipline of 4273
children receiving child care or publicly funded child care in the 4274
home; 4275

       (D) Standards for a program of activities, and for play 4276
equipment, materials, and supplies to enhance the development of 4277
each child; however, any educational curricula, philosophies, and 4278
methodologies that are developmentally appropriate and that 4279
enhance the social, emotional, intellectual, and physical 4280
development of each child shall be permissible;4281

       (E) Admission policies and procedures, health;4282

       (F) Health care, first aid and emergency procedures, 4283
procedures;4284

       (G) Procedures for the care of sick children, procedures;4285

       (H) Procedures for discipline and supervision of children, 4286
nutritional;4287

       (I) Nutritional standards, and procedures;4288

       (J) Procedures for screening children and administrators, 4289
including any necessary physical examinations and the4290
immunizations required pursuant to section 5104.014 of the Revised 4291
Code; 4292

       (F)(K) Procedures for screening administrators and employees, 4293
including any necessary physical examinations and immunizations;4294

       (L) Methods of encouraging parental participation and 4295
ensuring that the rights of children, parents, and administrators 4296
are protected and the responsibilities of parents and 4297
administrators are met; 4298

       (G)(M) Standards for the safe transport of children when 4299
under the care of administrators; 4300

       (H)(N) Procedures for issuing, denying, or revoking licenses; 4301

       (I)(O) Procedures for the inspection of type B homes that 4302
require, at a minimum, that each type B home be inspected prior to 4303
licensure to ensure that the home is safe and sanitary; 4304

       (J)(P) Procedures for record keeping and evaluation; 4305

       (K)(Q) Procedures for receiving, recording, and responding to 4306
complaints; 4307

       (L)(R) Standards providing for the special needs of children 4308
who are handicapped or who receive treatment for health conditions 4309
while the child is receiving child care or publicly funded child 4310
care in the type B home; 4311

       (M)(S) Requirements for the amount of usable indoor floor 4312
space for each child;4313

       (N)(T) Requirements for safe outdoor play space; 4314

       (O)(U) Qualification and training requirements for 4315
administrators; 4316

       (P)(V) Procedures for granting a parent who is the 4317
residential parent and legal custodian, or a custodian or guardian 4318
access to the type B home during its hours of operation; 4319

       (Q)(W) Requirements for the type B home to notify parents 4320
with children in the type B home that the type B home is certified 4321
as a foster home under section 5103.03 of the Revised Code;4322

       (R)(X) Any other procedures and standards necessary to carry 4323
out the provisions of this chapter regarding licensure of type B 4324
homes.4325

       Sec. 5165.08.  (A) As used in this section:4326

        "Bed need" means the number of long-term care beds a county 4327
needs as determined by the director of health pursuant to division 4328
(B)(3) of section 3702.593 of the Revised Code.4329

       "Bed need excess" means that a county's bed need is such that 4330
one or more long-term care beds may be relocated from the county 4331
according to the director's determination of the county's bed 4332
need.4333

       (B) Every provider agreement with a nursing facility provider 4334
shall prohibitdo both of the following:4335

       (1) Permit the provider to exclude one or more parts of the 4336
nursing facility from the provider agreement, even though those 4337
parts meet federal and state standards for medicaid certification, 4338
if all of the following apply:4339

        (a) The nursing facility initially obtained both its nursing 4340
home license under Chapter 3721. of the Revised Code and medicaid 4341
certification on or after January 1, 2008.4342

       (b) The nursing facility is located in a county that has a 4343
bed need excess at the time the provider excludes the parts from 4344
the provider agreement.4345

       (c) Federal law permits the provider to exclude the parts 4346
from the provider agreement.4347

        (d) The provider gives the department of medicaid written 4348
notice of the exclusion not less than forty-five days before the 4349
first day of the calendar quarter in which the exclusion is to 4350
occur.4351

       (2) Prohibit the provider from doing either of the following:4352

       (1)(a) Discriminating against a resident on the basis of 4353
race, color, sex, creed, or national origin;4354

       (2)(b) Subject to division (C)(D) of this section, failing or 4355
refusing to do either of the following:4356

       (a)(i) Except as otherwise prohibited under section 5165.82 4357
of the Revised Code, admit as a resident of the nursing facility 4358
an individual because the individual is, or may (as a resident of 4359
the nursing facility) become, a medicaid recipient unless at least 4360
eightytwenty-five per cent of the nursing facility's 4361
medicaid-certified beds are occupied by medicaid recipients at the 4362
time the person would otherwise be admitted;4363

       (b)(ii) Retain as a resident of the nursing facility an 4364
individual because the individual is, or may (as a resident of the 4365
nursing facility) become, a medicaid recipient. 4366

       (B)(C) For the purpose of division (A)(B)(2)(b)(ii) of this 4367
section, a medicaid recipient who is a resident of a nursing 4368
facility shall be considered a resident of the nursing facility 4369
during any hospital stays totaling less than twenty-five days 4370
during any twelve-month period.4371

       (C)(D) Nothing in this section shall bar a provider from 4372
doing any of the following:4373

       (1) If the provider is a religious organization operating a 4374
religious or denominational nursing facility from giving 4375
preference to persons of the same religion or denomination;4376

       (2) Giving preference to persons with whom the provider has 4377
contracted to provide continuing care;4378

       (3) If the nursing facility is a county home organized under 4379
Chapter 5155. of the Revised Code, admitting residents exclusively 4380
from the county in which the county home is located;4381

       (4) Retaining residents who have resided in the provider's 4382
nursing facility for not less than one year as private pay 4383
patients and who subsequently become medicaid recipients, but 4384
refusing to accept as a resident any person who is, or may (as a 4385
resident of the nursing facility) become a medicaid recipient, if 4386
all of the following apply:4387

       (a) The provider does not refuse to retain any resident who 4388
has resided in the provider's nursing facility for not less than 4389
one year as a private pay resident because the resident becomes a 4390
medicaid recipient, except as necessary to comply with division 4391
(C)(D)(4)(b) of this section;4392

       (b) The number of medicaid recipients retained under division 4393
(C)(D)(4) of this section does not at any time exceed ten per cent 4394
of all the residents in the nursing facility;4395

       (c) On July 1, 1980, all the residents in the nursing 4396
facility were private pay residents.4397

       (D)(E) No provider shall violate the provider agreement 4398
obligations imposed by this section.4399

       (F) A nursing facility provider who excludes one or more 4400
parts of the nursing facility from a provider agreement pursuant 4401
to division (B)(1) of this section does not violate division (C) 4402
of section 3702.53 of the Revised Code.4403

       Sec. 5165.513. (A) A provider that enters into a provider 4404
agreement with the department of medicaid under section 5165.511 4405
or 5165.512 of the Revised Code shall do all of the following:4406

        (A)(1) Comply with all applicable federal statutes and 4407
regulations;4408

       (B)(2) Comply with section 5165.07 of the Revised Code and 4409
all other applicable state statutes and rules;4410

       (C)(3) Subject to division (B) of this section, comply with 4411
all the terms and conditions of the exiting operator's provider 4412
agreement, including, but not limited to, all of the following:4413

       (1)(a) Any plan of correction;4414

       (2)(b) Compliance with health and safety standards;4415

       (3)(c) Compliance with the ownership and financial interest 4416
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;4417

       (4)(d) Compliance with the civil rights requirements of 45 4418
C.F.R. parts 80, 84, and 90;4419

       (5)(e) Compliance with additional requirements imposed by the 4420
department;4421

       (6)(f) Any sanctions relating to remedies for violation of 4422
the provider agreement, including deficiencies, compliance 4423
periods, accountability periods, monetary penalties, notification 4424
for correction of contract violations, and history of 4425
deficiencies.4426

       (B) Division (A)(3) of this section does not prohibit a 4427
nursing facility provider from excluding one or more parts of the 4428
nursing facility from the provider agreement pursuant to division 4429
(B)(1) of section 5165.08 of the Revised Code.4430

       Sec. 5165.515. The department of medicaid may enter into a 4431
provider agreement as provided in section 5165.07 of the Revised 4432
Code, rather than section 5165.511 or 5165.512 of the Revised 4433
Code, with an entering operator if the entering operator does not 4434
agree to a provider agreement that satisfies the requirements of 4435
division (C)(A)(3) of section 5165.513 of the Revised Code. The 4436
department may not enter into the provider agreement unless the 4437
department of health certifies the nursing facility for 4438
participation in medicaid. The effective date of the provider 4439
agreement shall not precede any of the following:4440

        (A) The date that the department of health certifies the 4441
nursing facility;4442

        (B) The effective date of the change of operator;4443

        (C) The date the requirement of section 5165.51 of the 4444
Revised Code is satisfied.4445

       Sec. 5165.99.  (A) Whoever violates section 5165.102 or 4446
division (D)(E) of section 5165.08 of the Revised Code shall be 4447
fined not less than five hundred dollars nor more than one 4448
thousand dollars for the first offense and not less than one 4449
thousand dollars nor more than five thousand dollars for each 4450
subsequent offense. Fines paid under this section shall be 4451
deposited in the state treasury to the credit of the general 4452
revenue fund.4453

       (B) Whoever violates division (D) of section 5165.88 of the 4454
Revised Code is guilty of registering a false complaint, a 4455
misdemeanor of the first degree.4456

       Section 2.  That existing sections 2925.02, 3701.63, 3701.64, 4457
3719.01, 3719.061, 3729.05, 4715.14, 4715.30, 4723.28, 4723.481, 4458
4723.486, 4725.16, 4725.19, 4729.12, 4729.16, 4729.18, 4729.41, 4459
4729.85, 4729.86, 4730.25, 4730.41, 4730.48, 4731.22, 4731.281, 4460
4773.03, 4773.08, 5104.015, 5104.017, 5104.018, 5165.08, 5165.513, 4461
5165.515, and 5165.99 and sections 4715.15, 4723.433, 4730.093, 4462
and 4731.22 of the Revised Code are hereby repealed.4463

       Section 3. That the versions of sections 4715.30, 4715.302, 4464
4723.28, 4723.487, 4725.092, 4725.19, 4730.25, 4730.53, 4731.055, 4465
and 4731.22 of the Revised Code that are scheduled to take effect 4466
April 1, 2015, be amended to read as follows:4467

       Sec. 4715.30.  (A) An applicant for or holder of a 4468
certificate or license issued under this chapter is subject to 4469
disciplinary action by the state dental board for any of the 4470
following reasons:4471

       (1) Employing or cooperating in fraud or material deception 4472
in applying for or obtaining a license or certificate; 4473

       (2) Obtaining or attempting to obtain money or anything of 4474
value by intentional misrepresentation or material deception in 4475
the course of practice; 4476

       (3) Advertising services in a false or misleading manner or 4477
violating the board's rules governing time, place, and manner of 4478
advertising;4479

       (4) Commission of an act that constitutes a felony in this 4480
state, regardless of the jurisdiction in which the act was 4481
committed;4482

        (5) Commission of an act in the course of practice that 4483
constitutes a misdemeanor in this state, regardless of the 4484
jurisdiction in which the act was committed; 4485

       (6) Conviction of, a plea of guilty to, a judicial finding of 4486
guilt of, a judicial finding of guilt resulting from a plea of no 4487
contest to, or a judicial finding of eligibility for intervention 4488
in lieu of conviction for, any felony or of a misdemeanor 4489
committed in the course of practice;4490

       (7) Engaging in lewd or immoral conduct in connection with 4491
the provision of dental services; 4492

       (8) Selling, prescribing, giving away, or administering drugs 4493
for other than legal and legitimate therapeutic purposes, or 4494
conviction of, a plea of guilty to, a judicial finding of guilt 4495
of, a judicial finding of guilt resulting from a plea of no 4496
contest to, or a judicial finding of eligibility for intervention 4497
in lieu of conviction for, a violation of any federal or state law 4498
regulating the possession, distribution, or use of any drug; 4499

       (9) Providing or allowing dental hygienists, expanded 4500
function dental auxiliaries, or other practitioners of auxiliary 4501
dental occupations working under the certificate or license 4502
holder's supervision, or a dentist holding a temporary limited 4503
continuing education license under division (C) of section 4715.16 4504
of the Revised Code working under the certificate or license 4505
holder's direct supervision, to provide dental care that departs 4506
from or fails to conform to accepted standards for the profession, 4507
whether or not injury to a patient results; 4508

       (10) Inability to practice under accepted standards of the 4509
profession because of physical or mental disability, dependence on 4510
alcohol or other drugs, or excessive use of alcohol or other 4511
drugs; 4512

       (11) Violation of any provision of this chapter or any rule 4513
adopted thereunder; 4514

       (12) Failure to use universal blood and body fluid 4515
precautions established by rules adopted under section 4715.03 of 4516
the Revised Code; 4517

       (13) Except as provided in division (H) of this section, 4518
either of the following:4519

       (a) Waiving the payment of all or any part of a deductible or 4520
copayment that a patient, pursuant to a health insurance or health 4521
care policy, contract, or plan that covers dental services, would 4522
otherwise be required to pay if the waiver is used as an 4523
enticement to a patient or group of patients to receive health 4524
care services from that certificate or license holder; 4525

       (b) Advertising that the certificate or license holder will 4526
waive the payment of all or any part of a deductible or copayment 4527
that a patient, pursuant to a health insurance or health care 4528
policy, contract, or plan that covers dental services, would 4529
otherwise be required to pay.4530

       (14) Failure to comply with section 4715.302 or 4729.79 of 4531
the Revised Code, unless the state board of pharmacy no longer 4532
maintains a drug database pursuant to section 4729.75 of the 4533
Revised Code;4534

       (15) Any of the following actions taken by an agency 4535
responsible for authorizing, certifying, or regulating an 4536
individual to practice a health care occupation or provide health 4537
care services in this state or another jurisdiction, for any 4538
reason other than the nonpayment of fees: the limitation, 4539
revocation, or suspension of an individual's license to practice; 4540
acceptance of an individual's license surrender; denial of a 4541
license; refusal to renew or reinstate a license; imposition of 4542
probation; or issuance of an order of censure or other reprimand;4543

        (16) Failure to cooperate in an investigation conducted by 4544
the board under division (D) of section 4715.03 of the Revised 4545
Code, including failure to comply with a subpoena or order issued 4546
by the board or failure to answer truthfully a question presented 4547
by the board at a deposition or in written interrogatories, except 4548
that failure to cooperate with an investigation shall not 4549
constitute grounds for discipline under this section if a court of 4550
competent jurisdiction has issued an order that either quashes a 4551
subpoena or permits the individual to withhold the testimony or 4552
evidence in issue;4553

       (17) Failure to comply with the requirements in section 4554
3719.061 of the Revised Code before issuing tofor a minor a 4555
prescription for a controlled substance containing an opioid 4556
analgesic, as defined in section 3719.01 of the Revised Code. 4557

       (B) A manager, proprietor, operator, or conductor of a dental 4558
facility shall be subject to disciplinary action if any dentist, 4559
dental hygienist, expanded function dental auxiliary, or qualified 4560
personnel providing services in the facility is found to have 4561
committed a violation listed in division (A) of this section and 4562
the manager, proprietor, operator, or conductor knew of the 4563
violation and permitted it to occur on a recurring basis. 4564

       (C) Subject to Chapter 119. of the Revised Code, the board 4565
may take one or more of the following disciplinary actions if one 4566
or more of the grounds for discipline listed in divisions (A) and 4567
(B) of this section exist: 4568

       (1) Censure the license or certificate holder; 4569

       (2) Place the license or certificate on probationary status 4570
for such period of time the board determines necessary and require 4571
the holder to: 4572

       (a) Report regularly to the board upon the matters which are 4573
the basis of probation; 4574

       (b) Limit practice to those areas specified by the board; 4575

       (c) Continue or renew professional education until a 4576
satisfactory degree of knowledge or clinical competency has been 4577
attained in specified areas. 4578

       (3) Suspend the certificate or license; 4579

       (4) Revoke the certificate or license. 4580

       Where the board places a holder of a license or certificate 4581
on probationary status pursuant to division (C)(2) of this 4582
section, the board may subsequently suspend or revoke the license 4583
or certificate if it determines that the holder has not met the 4584
requirements of the probation or continues to engage in activities 4585
that constitute grounds for discipline pursuant to division (A) or 4586
(B) of this section. 4587

       Any order suspending a license or certificate shall state the 4588
conditions under which the license or certificate will be 4589
restored, which may include a conditional restoration during which 4590
time the holder is in a probationary status pursuant to division 4591
(C)(2) of this section. The board shall restore the license or 4592
certificate unconditionally when such conditions are met. 4593

       (D) If the physical or mental condition of an applicant or a 4594
license or certificate holder is at issue in a disciplinary 4595
proceeding, the board may order the license or certificate holder 4596
to submit to reasonable examinations by an individual designated 4597
or approved by the board and at the board's expense. The physical 4598
examination may be conducted by any individual authorized by the 4599
Revised Code to do so, including a physician assistant, a clinical 4600
nurse specialist, a certified nurse practitioner, or a certified 4601
nurse-midwife. Any written documentation of the physical 4602
examination shall be completed by the individual who conducted the 4603
examination. 4604

       Failure to comply with an order for an examination shall be 4605
grounds for refusal of a license or certificate or summary 4606
suspension of a license or certificate under division (E) of this 4607
section. 4608

       (E) If a license or certificate holder has failed to comply 4609
with an order under division (D) of this section, the board may 4610
apply to the court of common pleas of the county in which the 4611
holder resides for an order temporarily suspending the holder's 4612
license or certificate, without a prior hearing being afforded by 4613
the board, until the board conducts an adjudication hearing 4614
pursuant to Chapter 119. of the Revised Code. If the court 4615
temporarily suspends a holder's license or certificate, the board 4616
shall give written notice of the suspension personally or by 4617
certified mail to the license or certificate holder. Such notice 4618
shall inform the license or certificate holder of the right to a 4619
hearing pursuant to Chapter 119. of the Revised Code. 4620

       (F) Any holder of a certificate or license issued under this 4621
chapter who has pleaded guilty to, has been convicted of, or has 4622
had a judicial finding of eligibility for intervention in lieu of 4623
conviction entered against the holder in this state for aggravated 4624
murder, murder, voluntary manslaughter, felonious assault, 4625
kidnapping, rape, sexual battery, gross sexual imposition, 4626
aggravated arson, aggravated robbery, or aggravated burglary, or 4627
who has pleaded guilty to, has been convicted of, or has had a 4628
judicial finding of eligibility for treatment or intervention in 4629
lieu of conviction entered against the holder in another 4630
jurisdiction for any substantially equivalent criminal offense, is 4631
automatically suspended from practice under this chapter in this 4632
state and any certificate or license issued to the holder under 4633
this chapter is automatically suspended, as of the date of the 4634
guilty plea, conviction, or judicial finding, whether the 4635
proceedings are brought in this state or another jurisdiction. 4636
Continued practice by an individual after the suspension of the 4637
individual's certificate or license under this division shall be 4638
considered practicing without a certificate or license. The board 4639
shall notify the suspended individual of the suspension of the 4640
individual's certificate or license under this division by 4641
certified mail or in person in accordance with section 119.07 of 4642
the Revised Code. If an individual whose certificate or license is 4643
suspended under this division fails to make a timely request for 4644
an adjudicatory hearing, the board shall enter a final order 4645
revoking the individual's certificate or license. 4646

       (G) If the supervisory investigative panel determines both of 4647
the following, the panel may recommend that the board suspend an 4648
individual's certificate or license without a prior hearing:4649

       (1) That there is clear and convincing evidence that an 4650
individual has violated division (A) of this section;4651

       (2) That the individual's continued practice presents a 4652
danger of immediate and serious harm to the public.4653

       Written allegations shall be prepared for consideration by 4654
the board. The board, upon review of those allegations and by an 4655
affirmative vote of not fewer than four dentist members of the 4656
board and seven of its members in total, excluding any member on 4657
the supervisory investigative panel, may suspend a certificate or 4658
license without a prior hearing. A telephone conference call may 4659
be utilized for reviewing the allegations and taking the vote on 4660
the summary suspension.4661

       The board shall issue a written order of suspension by 4662
certified mail or in person in accordance with section 119.07 of 4663
the Revised Code. The order shall not be subject to suspension by 4664
the court during pendency or any appeal filed under section 119.12 4665
of the Revised Code. If the individual subject to the summary 4666
suspension requests an adjudicatory hearing by the board, the date 4667
set for the hearing shall be within fifteen days, but not earlier 4668
than seven days, after the individual requests the hearing, unless 4669
otherwise agreed to by both the board and the individual.4670

       Any summary suspension imposed under this division shall 4671
remain in effect, unless reversed on appeal, until a final 4672
adjudicative order issued by the board pursuant to this section 4673
and Chapter 119. of the Revised Code becomes effective. The board 4674
shall issue its final adjudicative order within seventy-five days 4675
after completion of its hearing. A failure to issue the order 4676
within seventy-five days shall result in dissolution of the 4677
summary suspension order but shall not invalidate any subsequent, 4678
final adjudicative order.4679

       (H) Sanctions shall not be imposed under division (A)(13) of 4680
this section against any certificate or license holder who waives 4681
deductibles and copayments as follows: 4682

       (1) In compliance with the health benefit plan that expressly 4683
allows such a practice. Waiver of the deductibles or copayments 4684
shall be made only with the full knowledge and consent of the plan 4685
purchaser, payer, and third-party administrator. Documentation of 4686
the consent shall be made available to the board upon request. 4687

       (2) For professional services rendered to any other person 4688
who holds a certificate or license issued pursuant to this chapter 4689
to the extent allowed by this chapter and the rules of the board. 4690

       (I) In no event shall the board consider or raise during a 4691
hearing required by Chapter 119. of the Revised Code the 4692
circumstances of, or the fact that the board has received, one or 4693
more complaints about a person unless the one or more complaints 4694
are the subject of the hearing or resulted in the board taking an 4695
action authorized by this section against the person on a prior 4696
occasion.4697

       (J) The board may share any information it receives pursuant 4698
to an investigation under division (D) of section 4715.03 of the 4699
Revised Code, including patient records and patient record 4700
information, with law enforcement agencies, other licensing 4701
boards, and other governmental agencies that are prosecuting, 4702
adjudicating, or investigating alleged violations of statutes or 4703
administrative rules. An agency or board that receives the 4704
information shall comply with the same requirements regarding 4705
confidentiality as those with which the state dental board must 4706
comply, notwithstanding any conflicting provision of the Revised 4707
Code or procedure of the agency or board that applies when it is 4708
dealing with other information in its possession. In a judicial 4709
proceeding, the information may be admitted into evidence only in 4710
accordance with the Rules of Evidence, but the court shall require 4711
that appropriate measures are taken to ensure that confidentiality 4712
is maintained with respect to any part of the information that 4713
contains names or other identifying information about patients or 4714
complainants whose confidentiality was protected by the state 4715
dental board when the information was in the board's possession. 4716
Measures to ensure confidentiality that may be taken by the court 4717
include sealing its records or deleting specific information from 4718
its records.4719

       Sec. 4715.302. (A) As used in this section, "drug:4720

       (1) "Drug database" means the database established and 4721
maintained by the state board of pharmacy pursuant to section 4722
4729.75 of the Revised Code.4723

       (2) "Opioid analgesic" and "benzodiazepine" have the same 4724
meanings as in section 3719.01 of the Revised Code.4725

       (B) Except as provided in divisions (C) and (E) of this 4726
section, a dentist shall comply with all of the following as 4727
conditions of prescribing a drug that is either an opioid 4728
analgesic or a benzodiazepine, or personally furnishing a complete 4729
or partial supply of such a drug, as part of a patient's course of 4730
treatment for a particular condition:4731

       (1) Before initially prescribing or furnishing the drug, the 4732
dentist or the dentist's delegate shall request from the drug 4733
database a report of information related to the patient that 4734
covers at least the twelve months immediately preceding the date 4735
of the request. If the dentist practices primarily in a county of 4736
this state that adjoins another state, the dentist or delegate 4737
also shall request a report of any information available in the 4738
drug database that pertains to prescriptions issued or drugs 4739
furnished to the patient in the state adjoining that county.4740

       (2) If the patient's course of treatment for the condition 4741
continues for more than ninety days after the initial report is 4742
requested, the dentist or delegate shall make periodic requests 4743
for reports of information from the drug database until the course 4744
of treatment has ended. The requests shall be made at intervals 4745
not exceeding ninety days, determined according to the date the 4746
initial request was made. The request shall be made in the same 4747
manner provided in division (B)(1) of this section for requesting 4748
the initial report of information from the drug database.4749

       (3) On receipt of a report under division (B)(1) or (2) of 4750
this section, the dentist shall assess the information in the 4751
report. The dentist shall document in the patient's record that 4752
the report was received and the information was assessed.4753

       (C)(1) Division (B) of this section does not apply if a drug 4754
database report regarding the patient is not available. In this 4755
event, the dentist shall document in the patient's record the 4756
reason that the report is not available.4757

       (2) Division (B) of this section does not apply if the drug 4758
is prescribed or personally furnished in an amount indicated for a 4759
period not to exceed seven days.4760

       (D) With respect to prescribing or personally furnishing any 4761
drug that is not an opioid analgesic or a benzodiazepine but is 4762
included in the drug database pursuant to rules adopted under 4763
section 4729.84 of the Revised Code, theThe state dental board 4764
shallmay adopt rules that establish standards and procedures to 4765
be followed by a dentist regarding the review of patient 4766
information available through the drug database under division 4767
(A)(5) of section 4729.80 of the Revised Code. The rules shall be 4768
adopted in accordance with Chapter 119. of the Revised Code.4769

       (E) This section and theany rules adopted under it do not 4770
apply if the state board of pharmacy no longer maintains the drug 4771
database.4772

       Sec. 4723.28.  (A) The board of nursing, by a vote of a 4773
quorum, may impose one or more of the following sanctions if it 4774
finds that a person committed fraud in passing an examination 4775
required to obtain a license, certificate of authority, or 4776
dialysis technician certificate issued by the board or to have 4777
committed fraud, misrepresentation, or deception in applying for 4778
or securing any nursing license, certificate of authority, or 4779
dialysis technician certificate issued by the board: deny, revoke, 4780
suspend, or place restrictions on any nursing license, certificate 4781
of authority, or dialysis technician certificate issued by the 4782
board; reprimand or otherwise discipline a holder of a nursing 4783
license, certificate of authority, or dialysis technician 4784
certificate; or impose a fine of not more than five hundred 4785
dollars per violation.4786

       (B) The board of nursing, by a vote of a quorum, may impose 4787
one or more of the following sanctions: deny, revoke, suspend, or 4788
place restrictions on any nursing license, certificate of 4789
authority, or dialysis technician certificate issued by the board; 4790
reprimand or otherwise discipline a holder of a nursing license, 4791
certificate of authority, or dialysis technician certificate; or 4792
impose a fine of not more than five hundred dollars per violation. 4793
The sanctions may be imposed for any of the following:4794

       (1) Denial, revocation, suspension, or restriction of 4795
authority to engage in a licensed profession or practice a health 4796
care occupation, including nursing or practice as a dialysis 4797
technician, for any reason other than a failure to renew, in Ohio 4798
or another state or jurisdiction;4799

       (2) Engaging in the practice of nursing or engaging in 4800
practice as a dialysis technician, having failed to renew a 4801
nursing license or dialysis technician certificate issued under 4802
this chapter, or while a nursing license or dialysis technician 4803
certificate is under suspension;4804

       (3) Conviction of, a plea of guilty to, a judicial finding of 4805
guilt of, a judicial finding of guilt resulting from a plea of no 4806
contest to, or a judicial finding of eligibility for a pretrial 4807
diversion or similar program or for intervention in lieu of 4808
conviction for, a misdemeanor committed in the course of practice;4809

       (4) Conviction of, a plea of guilty to, a judicial finding of 4810
guilt of, a judicial finding of guilt resulting from a plea of no 4811
contest to, or a judicial finding of eligibility for a pretrial 4812
diversion or similar program or for intervention in lieu of 4813
conviction for, any felony or of any crime involving gross 4814
immorality or moral turpitude;4815

       (5) Selling, giving away, or administering drugs or 4816
therapeutic devices for other than legal and legitimate 4817
therapeutic purposes; or conviction of, a plea of guilty to, a 4818
judicial finding of guilt of, a judicial finding of guilt 4819
resulting from a plea of no contest to, or a judicial finding of 4820
eligibility for a pretrial diversion or similar program or for 4821
intervention in lieu of conviction for, violating any municipal, 4822
state, county, or federal drug law;4823

       (6) Conviction of, a plea of guilty to, a judicial finding of 4824
guilt of, a judicial finding of guilt resulting from a plea of no 4825
contest to, or a judicial finding of eligibility for a pretrial 4826
diversion or similar program or for intervention in lieu of 4827
conviction for, an act in another jurisdiction that would 4828
constitute a felony or a crime of moral turpitude in Ohio;4829

       (7) Conviction of, a plea of guilty to, a judicial finding of 4830
guilt of, a judicial finding of guilt resulting from a plea of no 4831
contest to, or a judicial finding of eligibility for a pretrial 4832
diversion or similar program or for intervention in lieu of 4833
conviction for, an act in the course of practice in another 4834
jurisdiction that would constitute a misdemeanor in Ohio;4835

       (8) Self-administering or otherwise taking into the body any 4836
dangerous drug, as defined in section 4729.01 of the Revised Code, 4837
in any way that is not in accordance with a legal, valid 4838
prescription issued for that individual, or self-administering or 4839
otherwise taking into the body any drug that is a schedule I 4840
controlled substance;4841

       (9) Habitual or excessive use of controlled substances, other 4842
habit-forming drugs, or alcohol or other chemical substances to an 4843
extent that impairs the individual's ability to provide safe 4844
nursing care or safe dialysis care;4845

       (10) Impairment of the ability to practice according to 4846
acceptable and prevailing standards of safe nursing care or safe 4847
dialysis care because of the use of drugs, alcohol, or other 4848
chemical substances;4849

       (11) Impairment of the ability to practice according to 4850
acceptable and prevailing standards of safe nursing care or safe 4851
dialysis care because of a physical or mental disability;4852

       (12) Assaulting or causing harm to a patient or depriving a 4853
patient of the means to summon assistance;4854

       (13) Misappropriation or attempted misappropriation of money 4855
or anything of value in the course of practice;4856

       (14) Adjudication by a probate court of being mentally ill or 4857
mentally incompetent. The board may reinstate the person's nursing 4858
license or dialysis technician certificate upon adjudication by a 4859
probate court of the person's restoration to competency or upon 4860
submission to the board of other proof of competency.4861

       (15) The suspension or termination of employment by the 4862
department of defense or the veterans administration of the United 4863
States for any act that violates or would violate this chapter;4864

       (16) Violation of this chapter or any rules adopted under it;4865

       (17) Violation of any restrictions placed by the board on a 4866
nursing license or dialysis technician certificate;4867

       (18) Failure to use universal and standard precautions 4868
established by rules adopted under section 4723.07 of the Revised 4869
Code;4870

       (19) Failure to practice in accordance with acceptable and 4871
prevailing standards of safe nursing care or safe dialysis care;4872

       (20) In the case of a registered nurse, engaging in 4873
activities that exceed the practice of nursing as a registered 4874
nurse;4875

       (21) In the case of a licensed practical nurse, engaging in 4876
activities that exceed the practice of nursing as a licensed 4877
practical nurse;4878

       (22) In the case of a dialysis technician, engaging in 4879
activities that exceed those permitted under section 4723.72 of 4880
the Revised Code;4881

       (23) Aiding and abetting a person in that person's practice 4882
of nursing without a license or practice as a dialysis technician 4883
without a certificate issued under this chapter;4884

       (24) In the case of a certified registered nurse anesthetist, 4885
clinical nurse specialist, certified nurse-midwife, or certified 4886
nurse practitioner, except as provided in division (M) of this 4887
section, either of the following:4888

       (a) Waiving the payment of all or any part of a deductible or 4889
copayment that a patient, pursuant to a health insurance or health 4890
care policy, contract, or plan that covers such nursing services, 4891
would otherwise be required to pay if the waiver is used as an 4892
enticement to a patient or group of patients to receive health 4893
care services from that provider;4894

       (b) Advertising that the nurse will waive the payment of all 4895
or any part of a deductible or copayment that a patient, pursuant 4896
to a health insurance or health care policy, contract, or plan 4897
that covers such nursing services, would otherwise be required to 4898
pay.4899

       (25) Failure to comply with the terms and conditions of 4900
participation in the chemical dependency monitoring program 4901
established under section 4723.35 of the Revised Code;4902

       (26) Failure to comply with the terms and conditions required 4903
under the practice intervention and improvement program 4904
established under section 4723.282 of the Revised Code;4905

       (27) In the case of a certified registered nurse anesthetist, 4906
clinical nurse specialist, certified nurse-midwife, or certified 4907
nurse practitioner:4908

       (a) Engaging in activities that exceed those permitted for 4909
the nurse's nursing specialty under section 4723.43 of the Revised 4910
Code;4911

       (b) Failure to meet the quality assurance standards 4912
established under section 4723.07 of the Revised Code.4913

       (28) In the case of a clinical nurse specialist, certified 4914
nurse-midwife, or certified nurse practitioner, failure to 4915
maintain a standard care arrangement in accordance with section 4916
4723.431 of the Revised Code or to practice in accordance with the 4917
standard care arrangement;4918

       (29) In the case of a clinical nurse specialist, certified 4919
nurse-midwife, or certified nurse practitioner who holds a 4920
certificate to prescribe issued under section 4723.48 of the 4921
Revised Code, failure to prescribe drugs and therapeutic devices 4922
in accordance with section 4723.481 of the Revised Code;4923

       (30) Prescribing any drug or device to perform or induce an 4924
abortion, or otherwise performing or inducing an abortion;4925

       (31) Failure to establish and maintain professional 4926
boundaries with a patient, as specified in rules adopted under 4927
section 4723.07 of the Revised Code;4928

       (32) Regardless of whether the contact or verbal behavior is 4929
consensual, engaging with a patient other than the spouse of the 4930
registered nurse, licensed practical nurse, or dialysis technician 4931
in any of the following:4932

       (a) Sexual contact, as defined in section 2907.01 of the 4933
Revised Code;4934

       (b) Verbal behavior that is sexually demeaning to the patient 4935
or may be reasonably interpreted by the patient as sexually 4936
demeaning.4937

       (33) Assisting suicide, as defined in section 3795.01 of the 4938
Revised Code;4939

       (34) Failure to comply with the requirements in section 4940
3719.061 of the Revised Code before issuing tofor a minor a 4941
prescription for a controlled substance containing an opioid.4942
analgesic, as defined in section 3719.01 of the Revised Code;4943

       (34)(35) Failure to comply with section 4723.487 of the 4944
Revised Code, unless the state board of pharmacy no longer 4945
maintains a drug database pursuant to section 4729.75 of the 4946
Revised Code.4947

       (C) Disciplinary actions taken by the board under divisions 4948
(A) and (B) of this section shall be taken pursuant to an 4949
adjudication conducted under Chapter 119. of the Revised Code, 4950
except that in lieu of a hearing, the board may enter into a 4951
consent agreement with an individual to resolve an allegation of a 4952
violation of this chapter or any rule adopted under it. A consent 4953
agreement, when ratified by a vote of a quorum, shall constitute 4954
the findings and order of the board with respect to the matter 4955
addressed in the agreement. If the board refuses to ratify a 4956
consent agreement, the admissions and findings contained in the 4957
agreement shall be of no effect.4958

       (D) The hearings of the board shall be conducted in 4959
accordance with Chapter 119. of the Revised Code, the board may 4960
appoint a hearing examiner, as provided in section 119.09 of the 4961
Revised Code, to conduct any hearing the board is authorized to 4962
hold under Chapter 119. of the Revised Code.4963

       In any instance in which the board is required under Chapter 4964
119. of the Revised Code to give notice of an opportunity for a 4965
hearing and the applicant, licensee, or certificate holder does 4966
not make a timely request for a hearing in accordance with section 4967
119.07 of the Revised Code, the board is not required to hold a 4968
hearing, but may adopt, by a vote of a quorum, a final order that 4969
contains the board's findings. In the final order, the board may 4970
order any of the sanctions listed in division (A) or (B) of this 4971
section.4972

       (E) If a criminal action is brought against a registered 4973
nurse, licensed practical nurse, or dialysis technician for an act 4974
or crime described in divisions (B)(3) to (7) of this section and 4975
the action is dismissed by the trial court other than on the 4976
merits, the board shall conduct an adjudication to determine 4977
whether the registered nurse, licensed practical nurse, or 4978
dialysis technician committed the act on which the action was 4979
based. If the board determines on the basis of the adjudication 4980
that the registered nurse, licensed practical nurse, or dialysis 4981
technician committed the act, or if the registered nurse, licensed 4982
practical nurse, or dialysis technician fails to participate in 4983
the adjudication, the board may take action as though the 4984
registered nurse, licensed practical nurse, or dialysis technician 4985
had been convicted of the act.4986

       If the board takes action on the basis of a conviction, plea, 4987
or a judicial finding as described in divisions (B)(3) to (7) of 4988
this section that is overturned on appeal, the registered nurse, 4989
licensed practical nurse, or dialysis technician may, on 4990
exhaustion of the appeal process, petition the board for 4991
reconsideration of its action. On receipt of the petition and 4992
supporting court documents, the board shall temporarily rescind 4993
its action. If the board determines that the decision on appeal 4994
was a decision on the merits, it shall permanently rescind its 4995
action. If the board determines that the decision on appeal was 4996
not a decision on the merits, it shall conduct an adjudication to 4997
determine whether the registered nurse, licensed practical nurse, 4998
or dialysis technician committed the act on which the original 4999
conviction, plea, or judicial finding was based. If the board 5000
determines on the basis of the adjudication that the registered 5001
nurse, licensed practical nurse, or dialysis technician committed 5002
such act, or if the registered nurse, licensed practical nurse, or 5003
dialysis technician does not request an adjudication, the board 5004
shall reinstate its action; otherwise, the board shall permanently 5005
rescind its action.5006

       Notwithstanding the provision of division (C)(2) of section 5007
2953.32 of the Revised Code specifying that if records pertaining 5008
to a criminal case are sealed under that section the proceedings 5009
in the case shall be deemed not to have occurred, sealing of the 5010
following records on which the board has based an action under 5011
this section shall have no effect on the board's action or any 5012
sanction imposed by the board under this section: records of any 5013
conviction, guilty plea, judicial finding of guilt resulting from 5014
a plea of no contest, or a judicial finding of eligibility for a 5015
pretrial diversion program or intervention in lieu of conviction.5016

       The board shall not be required to seal, destroy, redact, or 5017
otherwise modify its records to reflect the court's sealing of 5018
conviction records.5019

       (F) The board may investigate an individual's criminal 5020
background in performing its duties under this section. As part of 5021
such investigation, the board may order the individual to submit, 5022
at the individual's expense, a request to the bureau of criminal 5023
identification and investigation for a criminal records check and 5024
check of federal bureau of investigation records in accordance 5025
with the procedure described in section 4723.091 of the Revised 5026
Code.5027

       (G) During the course of an investigation conducted under 5028
this section, the board may compel any registered nurse, licensed 5029
practical nurse, or dialysis technician or applicant under this 5030
chapter to submit to a mental or physical examination, or both, as 5031
required by the board and at the expense of the individual, if the 5032
board finds reason to believe that the individual under 5033
investigation may have a physical or mental impairment that may 5034
affect the individual's ability to provide safe nursing care. 5035
Failure of any individual to submit to a mental or physical 5036
examination when directed constitutes an admission of the 5037
allegations, unless the failure is due to circumstances beyond the 5038
individual's control, and a default and final order may be entered 5039
without the taking of testimony or presentation of evidence.5040

       If the board finds that an individual is impaired, the board 5041
shall require the individual to submit to care, counseling, or 5042
treatment approved or designated by the board, as a condition for 5043
initial, continued, reinstated, or renewed authority to practice. 5044
The individual shall be afforded an opportunity to demonstrate to 5045
the board that the individual can begin or resume the individual's 5046
occupation in compliance with acceptable and prevailing standards 5047
of care under the provisions of the individual's authority to 5048
practice.5049

       For purposes of this division, any registered nurse, licensed 5050
practical nurse, or dialysis technician or applicant under this 5051
chapter shall be deemed to have given consent to submit to a 5052
mental or physical examination when directed to do so in writing 5053
by the board, and to have waived all objections to the 5054
admissibility of testimony or examination reports that constitute 5055
a privileged communication.5056

       (H) The board shall investigate evidence that appears to show 5057
that any person has violated any provision of this chapter or any 5058
rule of the board. Any person may report to the board any 5059
information the person may have that appears to show a violation 5060
of any provision of this chapter or rule of the board. In the 5061
absence of bad faith, any person who reports such information or 5062
who testifies before the board in any adjudication conducted under 5063
Chapter 119. of the Revised Code shall not be liable for civil 5064
damages as a result of the report or testimony.5065

       (I) All of the following apply under this chapter with 5066
respect to the confidentiality of information:5067

       (1) Information received by the board pursuant to a complaint 5068
or an investigation is confidential and not subject to discovery 5069
in any civil action, except that the board may disclose 5070
information to law enforcement officers and government entities 5071
for purposes of an investigation of either a licensed health care 5072
professional, including a registered nurse, licensed practical 5073
nurse, or dialysis technician, or a person who may have engaged in 5074
the unauthorized practice of nursing or dialysis care. No law 5075
enforcement officer or government entity with knowledge of any 5076
information disclosed by the board pursuant to this division shall 5077
divulge the information to any other person or government entity 5078
except for the purpose of a government investigation, a 5079
prosecution, or an adjudication by a court or government entity.5080

       (2) If an investigation requires a review of patient records, 5081
the investigation and proceeding shall be conducted in such a 5082
manner as to protect patient confidentiality.5083

       (3) All adjudications and investigations of the board shall 5084
be considered civil actions for the purposes of section 2305.252 5085
of the Revised Code.5086

       (4) Any board activity that involves continued monitoring of 5087
an individual as part of or following any disciplinary action 5088
taken under this section shall be conducted in a manner that 5089
maintains the individual's confidentiality. Information received 5090
or maintained by the board with respect to the board's monitoring 5091
activities is not subject to discovery in any civil action and is 5092
confidential, except that the board may disclose information to 5093
law enforcement officers and government entities for purposes of 5094
an investigation of a licensee or certificate holder.5095

       (J) Any action taken by the board under this section 5096
resulting in a suspension from practice shall be accompanied by a 5097
written statement of the conditions under which the person may be 5098
reinstated to practice.5099

       (K) When the board refuses to grant a license or certificate 5100
to an applicant, revokes a license or certificate, or refuses to 5101
reinstate a license or certificate, the board may specify that its 5102
action is permanent. An individual subject to permanent action 5103
taken by the board is forever ineligible to hold a license or 5104
certificate of the type that was refused or revoked and the board 5105
shall not accept from the individual an application for 5106
reinstatement of the license or certificate or for a new license 5107
or certificate.5108

       (L) No unilateral surrender of a nursing license, certificate 5109
of authority, or dialysis technician certificate issued under this 5110
chapter shall be effective unless accepted by majority vote of the 5111
board. No application for a nursing license, certificate of 5112
authority, or dialysis technician certificate issued under this 5113
chapter may be withdrawn without a majority vote of the board. The 5114
board's jurisdiction to take disciplinary action under this 5115
section is not removed or limited when an individual has a license 5116
or certificate classified as inactive or fails to renew a license 5117
or certificate.5118

       (M) Sanctions shall not be imposed under division (B)(24) of 5119
this section against any licensee who waives deductibles and 5120
copayments as follows:5121

       (1) In compliance with the health benefit plan that expressly 5122
allows such a practice. Waiver of the deductibles or copayments 5123
shall be made only with the full knowledge and consent of the plan 5124
purchaser, payer, and third-party administrator. Documentation of 5125
the consent shall be made available to the board upon request.5126

       (2) For professional services rendered to any other person 5127
licensed pursuant to this chapter to the extent allowed by this 5128
chapter and the rules of the board.5129

       Sec. 4723.487. (A) As used in this section, "drug:5130

       (1) "Drug database" means the database established and 5131
maintained by the state board of pharmacy pursuant to section 5132
4729.75 of the Revised Code.5133

       (2) "Opioid analgesic" and "benzodiazepine" have the same 5134
meanings as in section 3719.01 of the Revised Code.5135

       (B) Except as provided in divisions (C) and (E) of this 5136
section, an advanced practice registered nurse holding a 5137
certificate to prescribe issued under this chapter shall comply 5138
with all of the following as conditions of prescribing a drug that 5139
is either an opioid analgesic or a benzodiazepine as part of a 5140
patient's course of treatment for a particular condition:5141

       (1) Before initially prescribing the drug, the nurse or the 5142
nurse's delegate shall request from the drug database a report of 5143
information related to the patient that covers at least the twelve 5144
months immediately preceding the date of the request. If the nurse 5145
practices primarily in a county of this state that adjoins another 5146
state, the nurse or delegate also shall request a report of any 5147
information available in the drug database that pertains to 5148
prescriptions issued or drugs furnished to the patient in the 5149
state adjoining that county.5150

       (2) If the patient's course of treatment for the condition 5151
continues for more than ninety days after the initial report is 5152
requested, the nurse or delegate shall make periodic requests for 5153
reports of information from the drug database until the course of 5154
treatment has ended. The requests shall be made at intervals not 5155
exceeding ninety days, determined according to the date the 5156
initial request was made. The request shall be made in the same 5157
manner provided in division (B)(1) of this section for requesting 5158
the initial report of information from the drug database.5159

       (3) On receipt of a report under division (B)(1) or (2) of 5160
this section, the nurse shall assess the information in the 5161
report. The nurse shall document in the patient's record that the 5162
report was received and the information was assessed.5163

       (C) Division (B) of this section does not apply if in any of 5164
the following circumstances:5165

       (1) A drug database report regarding the patient is not 5166
available, in which case the nurse shall document in the patient's 5167
record the reason that the report is not available.5168

       (2) The drug is prescribed in an amount indicated for a 5169
period not to exceed seven days.5170

       (3) The drug is prescribed for the treatment of cancer or 5171
another condition associated with cancer.5172

       (4) The drug is prescribed to a hospice patient in a hospice 5173
care program, as those terms are defined in section 3712.01 of the 5174
Revised Code, or any other patient diagnosed as terminally ill.5175

       (5) The drug is prescribed for administration in a hospital, 5176
nursing home, or residential care facility.5177

       (D) With respect to prescribing any drug that is not an 5178
opioid analgesic or a benzodiazepine but is included in the drug 5179
database pursuant to rules adopted under section 4729.84 of the 5180
Revised Code, theThe board of nursing shallmay adopt rules, in 5181
accordance with Chapter 119. of the Revised Code, that establish 5182
standards and procedures to be followed by an advanced practice 5183
registered nurse with a certificate to prescribe issued under 5184
section 4723.48 of the Revised Code regarding the review of 5185
patient information available through the drug database under 5186
division (A)(5) of section 4729.80 of the Revised Code. The rules 5187
shall be adopted in accordance with Chapter 119. of the Revised 5188
Code.5189

       (E) This section and theany rules adopted under it do not 5190
apply if the state board of pharmacy no longer maintains the drug 5191
database.5192

       Sec. 4725.092. (A) As used in this section, "drug database" 5193
means the database established and maintained by the state board 5194
of pharmacy pursuant to section 4729.75 of the Revised Code.5195

       (B) Except as provided in divisions (C) and (E) of this 5196
section, an optometrist holding a therapeutic pharmaceutical 5197
agents certificate shall comply with all of the following as 5198
conditions of prescribing a drug that is either an opioid 5199
analgesic or a benzodiazepine, or personally furnishing a complete 5200
or partial supp