Sub. H. B. No. 394 As Reported by the Senate Medicaid, Health and Human Services Committee

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

130th General Assembly

Regular Session

2013-2014

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

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, if~~If 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
if	113

(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, if~~If 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 if~~	129

(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, if~~If 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
if	153

(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 ~~section~~	246
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 in~~the 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 care~~	272
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
~~developing~~Developing 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, annually~~Annually 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 ~~burden~~burdens 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 obstetricians~~obstetricians' 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's~~an infant's	314
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's~~an	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) ~~Each~~An entity ~~and~~or person required to distribute	328
educational materials pursuant to division (A) of this section is	329
~~immune from any~~not liable for damages in a civil ~~and criminal~~	330
~~liability~~action for injury, death, or loss to person or property	331
~~resulting~~that 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

(H) A facility, and any employee, contractor, or volunteer of	521
a facility, is neither liable for damages in a civil action, nor	522
subject to criminal prosecution, for injury, death, or loss to	523
person or property that allegedly arises from a crib obtained by a	524
parent, guardian, or other person responsible for the infant as a	525
result of any action the facility, employee, contractor, or	526
volunteer takes to comply with division (C) of this section.	527

The immunity provided by this division does not require	528
compliance with division (D) of section 2305.37 of the Revised	529
Code.	530

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

531

(1) "Academic medical center" means a medical school and its	532
affiliated teaching hospitals.	533

(2) "State registrar" has the same meaning as in section	534
3705.01 of the Revised Code.	535

(B) There is hereby created the commission on infant	536
mortality. The commission shall do all of the following:	537

(1) Conduct a complete inventory of services provided or	538
administered by the state that are available to address the infant	539
mortality rate in this state;	540

(2) For each service identified under division (B)(1) of this	541
section, determine both of the following:	542

(a) The sources of the funds that are used to pay for the	543
service;	544

(b) Whether the service and its funding sources have a	545
connection with programs provided or administered by local or	546
community-based public or private entities and, to the extent they	547
do not, whether they should.	548

(3) With assistance from academic medical centers, track and	549
analyze infant mortality rates by county for the purpose of	550
determining the impact of state and local initiatives to reduce	551
those rates.	552

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

553

(1) Two members of the senate, one from the majority party	554
and one from the minority party, each appointed by the senate	555
president;	556

(2) Two members of the house of representatives, one from the	557
majority party and one from the minority party, each appointed by	558
the speaker of the house of representatives;	559

(3) The executive director of the office of health	560
transformation or the executive director's designee;	561

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

562

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

563

(6) The executive director of the commission on minority	564
health or the executive director's designee;	565

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

566

(8) A health commissioner of a city or general health	567
district, appointed by the governor;	568

(9) A coroner, deputy coroner, or other person who conducts	569
death scene investigations, appointed by the governor;	570

(10) An individual who represents the Ohio hospital	571
association, appointed by the association's president;	572

(11) An individual who represents the Ohio children's	573
hospital association, appointed by the association's president;	574

(12) Two individuals who represent community-based programs	575
that serve pregnant women or new mothers whose infants tend to be	576
at a higher risk for infant mortality, appointed by the governor.	577

(D) The commission members described in divisions (C)(1),	578
(2), (8), (9), (10), (11), and (12) of this section shall be	579
appointed not later than thirty days after the effective date of	580
this section. An appointed member shall hold office until a	581
successor is appointed. A vacancy shall be filled in the same	582
manner as the original appointment.	583

From among the members, the president of the senate and	584
speaker of the house of representatives shall appoint two to serve	585
as co-chairpersons of the commission.	586

A member shall serve without compensation except to the	587
extent that serving on the commission is considered part of the	588
member's regular duties of employment.	589

(E) The commission may request assistance from the staff of	590
the legislative service commission.	591

(F) For purposes of division (B)(3) of this section, the	592
state registrar shall ensure that the commission and academic	593
medical centers located in this state have access to any	594
electronic system of vital records the state registrar or	595
department of health maintains, including the Ohio public health	596
information warehouse. Not later than six months after the	597
effective date of this section, the commission on infant mortality	598
shall prepare a written report of its findings and recommendations	599
concerning the matters described in division (B) of this section.	600
On completion, the commission shall submit the report to the	601
governor and, in accordance with section 101.68 of the Revised	602
Code, the general assembly.	603

(G) The president of the senate and speaker of the house of	604
representatives shall determine the responsibilities of the	605
commission following submission of the report under division (F)	606
of this section.	607

(H) The commission is not subject to sections 101.82 to	608
101.87 of the Revised Code.	609

Sec. 3702.40. (A) As used in this section, "mammogram" and	610
"facility" have the same meanings as in section 263b(a) of the	611
"Mammography Quality Standards Act of 1992," 106 Stat. 3547	612
(1992), 42 U.S.C. 263b(a), as amended.	613

(B) As required by 21 C.F.R. 900.12(c)(2), a facility shall	614
send to each patient who has a mammogram at the facility a summary	615
of the written report containing the results of the patient's	616
mammogram. If, based on the breast imaging reporting and data	617
system established by the American college of radiology, the	618
patient's mammogram demonstrates that the patient has dense breast	619
tissue, the summary shall include the following statement:	620

"Your mammogram demonstrates that you have dense breast	621
tissue, which could hide abnormalities. Dense breast tissue, in	622
and of itself, is a relatively common condition. Therefore, this	623
information is not provided to cause undue concern; rather, it is	624
to raise your awareness and promote discussion with your health	625
care provider regarding the presence of dense breast tissue in	626
addition to other risk factors."	627

As required by 21 C.F.R. 900.12(c)(3), the facility shall	628
send to the patient's health care provider, if known, a copy of	629
the written report containing the results of the patient's	630
mammogram not later than thirty days after the mammogram was	631
performed.	632

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

633

(1) Create a new cause of action or substantive legal right	634
against a person, facility, or other entity;	635

(2) Create a standard of care, obligation, or duty for a	636
person, facility, or other entity that would provide the basis for	637
a cause of action or substantive legal right, other than the duty	638
to send the summary and written report described in division (B)	639
of this section.	640

Sec. 3719.01. As used in this chapter:

641

(A) "Administer" means the direct application of a drug,	642
whether by injection, inhalation, ingestion, or any other means to	643
a person or an animal.	644

(B) "Drug enforcement administration" means the drug	645
enforcement administration of the United States department of	646
justice or its successor agency.	647

(C) "Controlled substance" means a drug, compound, mixture,	648
preparation, or substance included in schedule I, II, III, IV, or	649
V.	650

(D) "Dangerous drug" has the same meaning as in section	651
4729.01 of the Revised Code.	652

(E) "Dispense" means to sell, leave with, give away, dispose	653
of, or deliver.	654

(F) "Distribute" means to deal in, ship, transport, or	655
deliver but does not include administering or dispensing a drug.	656

(G) "Drug" has the same meaning as in section 4729.01 of the	657
Revised Code.	658

(H) "Drug abuse offense," "felony drug abuse offense,"	659
"cocaine," and "hashish" have the same meanings as in section	660
2925.01 of the Revised Code.	661

(I) "Federal drug abuse control laws" means the	662
"Comprehensive Drug Abuse Prevention and Control Act of 1970," 84	663
Stat. 1242, 21 U.S.C. 801, as amended.	664

(J) "Hospital" means an institution for the care and	665
treatment of the sick and injured that is certified by the	666
department of health and approved by the state board of pharmacy	667
as proper to be entrusted with the custody of controlled	668
substances and the professional use of controlled substances.	669

(K) "Hypodermic" means a hypodermic syringe or needle, or	670
other instrument or device for the injection of medication.	671

(L) "Isomer," except as otherwise expressly stated, means the	672
optical isomer.	673

(M) "Laboratory" means a laboratory approved by the state	674
board of pharmacy as proper to be entrusted with the custody of	675
controlled substances and the use of controlled substances for	676
scientific and clinical purposes and for purposes of instruction.	677

(N) "Manufacturer" means a person who manufactures a	678
controlled substance, as "manufacture" is defined in section	679
3715.01 of the Revised Code.	680

(O) "Marihuana" means all parts of a plant of the genus	681
cannabis, whether growing or not; the seeds of a plant of that	682
type; the resin extracted from a part of a plant of that type; and	683
every compound, manufacture, salt, derivative, mixture, or	684
preparation of a plant of that type or of its seeds or resin.	685
"Marihuana" does not include the mature stalks of the plant, fiber	686
produced from the stalks, oils or cake made from the seeds of the	687
plant, or any other compound, manufacture, salt, derivative,	688
mixture, or preparation of the mature stalks, except the resin	689
extracted from the mature stalks, fiber, oil or cake, or the	690
sterilized seed of the plant that is incapable of germination.	691

(P) "Narcotic drugs" means coca leaves, opium, isonipecaine,	692
amidone, isoamidone, ketobemidone, as defined in this division,	693
and every substance not chemically distinguished from them and	694
every drug, other than cannabis, that may be included in the	695
meaning of "narcotic drug" under the federal drug abuse control	696
laws. As used in this division:	697

(1) "Coca leaves" includes cocaine and any compound,	698
manufacture, salt, derivative, mixture, or preparation of coca	699
leaves, except derivatives of coca leaves, that does not contain	700
cocaine, ecgonine, or substances from which cocaine or ecgonine	701
may be synthesized or made.	702

(2) "Isonipecaine" means any substance identified chemically	703
as 1-methyl-4-phenyl-piperidine-4-carboxylic acid ethyl ester, or	704
any salt thereof, by whatever trade name designated.	705

(3) "Amidone" means any substance identified chemically as	706
4-4-diphenyl-6-dimethylamino-heptanone-3, or any salt thereof, by	707
whatever trade name designated.	708

(4) "Isoamidone" means any substance identified chemically as	709
4-4-diphenyl-5-methyl-6-dimethylaminohexanone-3, or any salt	710
thereof, by whatever trade name designated.	711

(5) "Ketobemidone" means any substance identified chemically	712
as 4-(3-hydroxyphenyl)-1-methyl-4-piperidyl ethyl ketone	713
hydrochloride, or any salt thereof, by whatever trade name	714
designated.	715

(Q) "Official written order" means an order written on a form	716
provided for that purpose by the director of the United States	717
drug enforcement administration, under any laws of the United	718
States making provision for the order, if the order forms are	719
authorized and required by federal law.	720

(R) "Opiate" means any substance having an addiction-forming	721
or addiction-sustaining liability similar to morphine or being	722
capable of conversion into a drug having addiction-forming or	723
addiction-sustaining liability. "Opiate" does not include, unless	724
specifically designated as controlled under section 3719.41 of the	725
Revised Code, the dextrorotatory isomer of	726
3-methoxy-N-methylmorphinan and its salts (dextro-methorphan).	727
"Opiate" does include its racemic and levoratory forms.	728

(S) "Opium poppy" means the plant of the species papaver	729
somniferum L., except its seeds.	730

(T) "Person" means any individual, corporation, government,	731
governmental subdivision or agency, business trust, estate, trust,	732
partnership, association, or other legal entity.	733

(U) "Pharmacist" means a person licensed under Chapter 4729.	734
of the Revised Code to engage in the practice of pharmacy.	735

(V) "Pharmacy" has the same meaning as in section 4729.01 of	736
the Revised Code.	737

(W) "Poison" means any drug, chemical, or preparation likely	738
to be deleterious or destructive to adult human life in quantities	739
of four grams or less.	740

(X) "Poppy straw" means all parts, except the seeds, of the	741
opium poppy, after mowing.	742

(Y) "Licensed health professional authorized to prescribe	743
drugs," "prescriber," and "prescription" have the same meanings as	744
in section 4729.01 of the Revised Code.	745

(Z) "Registry number" means the number assigned to each	746
person registered under the federal drug abuse control laws.	747

(AA) "Sale" includes delivery, barter, exchange, transfer, or	748
gift, or offer thereof, and each transaction of those natures made	749
by any person, whether as principal, proprietor, agent, servant,	750
or employee.	751

(BB) "Schedule I," "schedule II," "schedule III," "schedule	752
IV," and "schedule V" mean controlled substance schedules I, II,	753
III, IV, and V, respectively, established pursuant to section	754
3719.41 of the Revised Code, as amended pursuant to section	755
3719.43 or 3719.44 of the Revised Code.	756

(CC) "Wholesaler" means a person who, on official written	757
orders other than prescriptions, supplies controlled substances	758
that the person has not manufactured, produced, or prepared	759
personally and includes a "wholesale distributor of dangerous	760
drugs" as defined in section 4729.01 of the Revised Code.	761

(DD) "Animal shelter" means a facility operated by a humane	762
society or any society organized under Chapter 1717. of the	763
Revised Code or a dog pound operated pursuant to Chapter 955. of	764
the Revised Code.	765

(EE) "Terminal distributor of dangerous drugs" has the same	766
meaning as in section 4729.01 of the Revised Code.	767

(FF) "Category III license" means a license issued to a	768
terminal distributor of dangerous drugs as set forth in section	769
4729.54 of the Revised Code.	770

(GG) "Prosecutor" has the same meaning as in section 2935.01	771
of the Revised Code.	772

(HH)(1) "Controlled substance analog" means, except as	773
provided in division (HH)(2) of this section, a substance to which	774
both of the following apply:	775

(a) The chemical structure of the substance is substantially	776
similar to the structure of a controlled substance in schedule I	777
or II.	778

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

779

(i) The substance has a stimulant, depressant, or	780
hallucinogenic effect on the central nervous system that is	781
substantially similar to or greater than the stimulant,	782
depressant, or hallucinogenic effect on the central nervous system	783
of a controlled substance in schedule I or II.	784

(ii) With respect to a particular person, that person	785
represents or intends the substance to have a stimulant,	786
depressant, or hallucinogenic effect on the central nervous system	787
that is substantially similar to or greater than the stimulant,	788
depressant, or hallucinogenic effect on the central nervous system	789
of a controlled substance in schedule I or II.	790

(2) "Controlled substance analog" does not include any of the	791
following:	792

(a) A controlled substance;

793

(b) Any substance for which there is an approved new drug	794
application;	795

(c) With respect to a particular person, any substance if an	796
exemption is in effect for investigational use for that person	797
pursuant to federal law to the extent that conduct with respect to	798
that substance is pursuant to that exemption;	799

(d) Any substance to the extent it is not intended for human	800
consumption before the exemption described in division (HH)(2)(b)	801
of this section takes effect with respect to that substance.	802

(II) "Benzodiazepine" means a controlled substance that has	803
United States food and drug administration approved labeling	804
indicating that it is a benzodiazepine, benzodiazepine derivative,	805
triazolobenzodiazepine, or triazolobenzodiazepine derivative,	806
including the following drugs and their varying salt forms or	807
chemical congeners: alprazolam, chlordiazepoxide hydrochloride,	808
clobazam, clonazepam, clorazepate, diazepam, estazolam, flurazepam	809
hydrochloride, lorazepam, midazolam, oxazepam, quazepam,	810
temazepam, and triazolam.	811

(JJ) "Opioid analgesic" means a controlled substance that has	812
analgesic pharmacologic activity at the opioid receptors of the	813
central nervous system, including the following drugs and their	814
varying salt forms or chemical congeners: buprenorphine,	815
butorphanol, codeine (including acetaminophen and other	816
combination products), dihydrocodeine, fentanyl, hydrocodone	817
(including acetaminophen combination products), hydromorphone,	818
meperidine, methadone, morphine sulfate, oxycodone (including	819
acetaminophen, aspirin, and other combination products),	820
oxymorphone, tapentadol, and tramadol.	821

(KK) "Emergency facility" means a hospital emergency	822
department or any other facility that provides emergency care.	823

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

824

(a) "Another adult authorized to consent to the minor's	825
medical treatment" means an adult to whom a minor's parent or	826
guardian has given written authorization to consent to the minor's	827
medical treatment.	828

(b) "Medical emergency" means a situation that in a	829
prescriber's good faith medical judgment creates an immediate	830
threat of serious risk to the life or physical health of a minor.	831

(c) "Minor" means an individual under eighteen years of age	832
who is not emancipated.	833

(2) For purposes of this section, an individual under	834
eighteen years of age is emancipated only if the individual has	835
married, has entered the armed services of the United States,	836
~~became~~has become employed and self-sustaining, or ~~has~~ otherwise	837
has become independent from the care and control of the	838
individual's parent, guardian, or custodian.	839

(B) Except as provided in division (C) of this section,	840
before issuing for a minor the first prescription in a single	841
course of treatment for ~~a particular compound that is a controlled~~	842
~~substance containing~~ an opioid analgesic, regardless of whether	843
the dosage is modified during that course of treatment, a	844
prescriber shall do all of the following:	845

(1) As part of the prescriber's examination of the minor,	846
assess whether the minor has ever suffered, or is currently	847
suffering, from mental health or substance abuse disorders and	848
whether the minor has taken or is currently taking prescription	849
drugs for treatment of those disorders;	850

(2) Discuss with the minor and the minor's parent, guardian,	851
or another adult authorized to consent to the minor's medical	852
treatment all of the following:	853

(a) The risks of addiction and overdose associated with ~~the~~	854
~~compound~~opioid analgesics;	855

(b) The increased risk of addiction to controlled substances	856
of individuals suffering from both mental and substance abuse	857
disorders;	858

(c) The dangers of taking ~~controlled substances containing~~	859
~~opioids~~opioid analgesics with benzodiazepines, alcohol, or other	860
central nervous system depressants;	861

(d) Any other information in the patient counseling	862
information section of the labeling for the ~~compound~~opioid	863
analgesic required under 21 C.F.R. 201.57(c)(18).	864

(3) Obtain written consent for the prescription from the	865
minor's parent, guardian, or, subject to division (E) of this	866
section, another adult authorized to consent to the minor's	867
medical treatment.	868

The prescriber shall record the consent on a form, which	869
shall be known as the "Start Talking!" consent form. The form	870
shall be separate from any other document the prescriber uses to	871
obtain informed consent for other treatment provided to the minor.	872
The form shall contain all of the following:	873

(a) The name and quantity of the ~~compound~~opioid analgesic	874
being prescribed and the amount of the initial dose;	875

(b) A statement indicating that a controlled substance is a	876
drug or other substance that the United States drug enforcement	877
administration has identified as having a potential for abuse;	878

(c) A statement certifying that the prescriber discussed with	879
the minor and the minor's parent, guardian, or another adult	880
authorized to consent to the minor's medical treatment the matters	881
described in division (B)(2) of this section;	882

(d) The number of refills, if any, authorized by the	883
prescription;	884

(e) The signature of the minor's parent, guardian, or another	885
adult authorized to consent to the minor's medical treatment and	886
the date of signing.	887

(C)(1) The requirements in division (B) of this section do	888
not apply if the minor's treatment with ~~a compound that is a~~	889
~~controlled substance containing~~ an opioid analgesic meets any of	890
the following criteria:	891

(a) The treatment is associated with or incident to a medical	892
emergency.	893

(b) The treatment is associated with or incident to surgery,	894
regardless of whether the surgery is performed on an inpatient or	895
outpatient basis.	896

(c) In the prescriber's professional judgment, fulfilling the	897
requirements of division (B) of this section with respect to the	898
minor's treatment would be a detriment to the minor's health or	899
safety.	900

(d) Except as provided in division (D) of this section, the	901
treatment is rendered in a hospital, emergency facility,	902
ambulatory surgical facility, nursing home, pediatric respite care	903
program, residential care facility, freestanding rehabilitation	904
facility, or similar institutional facility.	905

(2) The requirements in division (B) of this section do not	906
apply to a prescription for ~~a compound that is a controlled~~	907
~~substance containing~~ an opioid analgesic that a prescriber issues	908
to a minor at the time of discharge from a facility or other	909
location described in division (C)(1)(d) of this section.	910

(D) The exemption in division (C)(1)(d) of this section does	911
not apply to treatment rendered in a prescriber's office that is	912
located on the premises of or adjacent to a facility or other	913
location described in that division.	914

(E) If the individual who signs the consent form required by	915
division (B)(3) of this section is another adult authorized to	916
consent to the minor's medical treatment, the prescriber shall	917
prescribe not more than a single, seventy-two-hour supply and	918
indicate on the prescription the quantity that is to be dispensed	919
pursuant to the prescription.	920

(F) A signed "Start Talking!" consent form obtained under	921
this section shall be maintained in the minor's medical record.	922

Sec. 3729.05. (A)(1) OnExcept as otherwise provided in this	923
section, on or after the first day of April, but before the first	924
day of May of each year, every person who intends to operate a	925
recreational vehicle park, recreation camp, or combined park-camp	926
shall procure a license to operate the park or camp from the	927
licensor. If the applicable license fee prescribed under section	928
3729.07 of the Revised Code is not received by the licensor by the	929
close of business on the last day of April, the applicant for the	930
license shall pay a penalty equal to twenty-five per cent of the	931
applicable license fee. The penalty shall accompany the license	932
fee. If the last day of April is not a business day, the penalty	933
attaches upon the close of business on the next business day.	934

(2) Every person who intends to operate a temporary park-camp	935
shall obtain a license to operate the temporary park-camp from the	936
licensor at any time before the person begins operation of the	937
temporary park-camp during the calendar year.	938

(3) No recreational vehicle park, recreation camp, combined	939
park-camp, or temporary park-camp shall be maintained or operated	940
in this state without a license. However, no person who neither	941
intends to receive nor receives anything of value arising from the	942
use of, or the sale of goods or services in connection with the	943
use of, a recreational vehicle park, recreation camp, combined	944
park-camp, or temporary park-camp is required to procure a license	945
under this division. If any health hazard exists at such an	946
unlicensed park, camp, or park-camp, the health hazard shall be	947
corrected in a manner consistent with the appropriate rule adopted	948
under division (A) or (B) of section 3729.02 of the Revised Code.	949

(4) No person who has received a license under division	950
(A)(1) of this section, upon the sale or disposition of the	951
recreational vehicle park, recreation camp, or combined park-camp,	952
may have the license transferred to the new operator. A person	953
shall obtain a separate license to operate each recreational	954
vehicle park, recreation camp, or combined park-camp. No license	955
to operate a temporary park-camp shall be transferred. A person	956
shall obtain a separate license for each temporary park-camp that	957
the person intends to operate, and the license shall be valid for	958
a period of not longer than seven consecutive days. A person who	959
operates a temporary park-camp on a tract of land for more than	960
twenty-one days or parts thereof in a calendar year shall obtain a	961
license to operate a recreational vehicle park, recreation camp,	962
or combined park-camp.	963

(B)(1) Before a license is initially issued under division	964
(A)(1) of this section and annually thereafter, or more often if	965
necessary, the licensor shall cause each recreational vehicle	966
park, recreation camp, or combined park-camp to be inspected to	967
determine compliance with this chapter and rules adopted under it.	968
A record shall be made of each inspection on a form prescribed by	969
the director of health.	970

(2) When a license is initially issued under division (A)(2)	971
of this section, and more often if necessary, the licensor shall	972
cause each temporary park-camp to be inspected to determine	973
compliance with this chapter and rules adopted under it during the	974
period that the temporary park-camp is in operation. A record	975
shall be made of each inspection on a form prescribed by the	976
director.	977

(C) Each person applying for an initial license to operate a	978
recreational vehicle park, recreation camp, combined park-camp, or	979
temporary park-camp shall provide acceptable proof to the	980
director, or to the licensor in the case of a temporary park-camp,	981
that adequate fire protection will be provided and that applicable	982
fire codes will be adhered to in the construction and operation of	983
the park, camp, or park-camp.	984

(D) Any person that operates a county or state fair or any	985
independent agricultural society organized pursuant to section	986
1711.02 of the Revised Code that operates a fair shall not be	987
required to obtain a license under this chapter if recreational	988
vehicles, portable camping units, or any combination of them are	989
parked at the site of the fair only during the time of preparation	990
for, operation of, and dismantling of the fair and if the	991
recreational vehicles, portable camping units, or any combination	992
of them belong to participants in the fair.	993

(E) The following entities that operate a fair and that hold	994
a license issued under this chapter are not required to comply	995
with the requirements normally imposed on a licensee under this	996
chapter and rules adopted under it during the time of preparation	997
for, operation of, and dismantling of the fair:	998

(1) A county agricultural society organized pursuant to	999
section 1711.01 of the Revised Code;	1000

(2) An independent agricultural society organized pursuant to	1001
section 1711.02 of the Revised Code;	1002

(3) The Ohio expositions commission.

1003

(F) A motorsports park is exempt from the license	1004
requirements established in divisions (A)(1) and (2) of this	1005
section if the motorsports park does both of the following:	1006

(1) Holds at least one annual event sanctioned by the	1007
national association for stock car auto racing or the national hot	1008
rod association during a motor sports racing event;	1009

(2) Provides parking for recreational vehicles, dependent	1010
recreational vehicles, and portable camping units that belong to	1011
participants in that event.	1012

The exemption established in this division applies to	1013
participant-only areas during the time of preparation for and	1014
operation of the event.	1015

(G) A person subject to this chapter or rules adopted under	1016
it may apply to the director for a waiver or variance from a	1017
provision of this chapter or rules adopted under it. The director	1018
may grant a waiver or variance if the person demonstrates, to the	1019
satisfaction of the director, that the waiver or variance will not	1020
result in any adverse effect on the public health and safety. The	1021
director shall adopt rules in accordance with Chapter 119. of the	1022
Revised Code establishing requirements and procedures governing	1023
the application for and granting of a waiver or variance under	1024
this division.	1025

Sec. 4715.14. (A)(1) Each person who is licensed to practice	1026
dentistry in Ohio shall, on or before the first day of January of	1027
each even-numbered year, register with the state dental board. The	1028
registration shall be made on a form prescribed by the board and	1029
furnished by the secretary, shall include the licensee's name,	1030
address, license number, and such other reasonable information as	1031
the board may consider necessary, and shall include payment of a	1032
biennial registration fee of two hundred forty-five dollars.	1033
Except as provided in division (E) of this section, this fee shall	1034
be paid to the treasurer of state. Subject to division (C) of this	1035
section, a registration shall be in effect for the two-year period	1036
beginning on the first day of January of the even-numbered year	1037
and ending on the last day of December of the following	1038
odd-numbered year, and shall be renewed in accordance with the	1039
standard renewal procedure of sections 4745.01 to 4745.03 of the	1040
Revised Code.	1041

(2)(a) Except as provided in division (A)(2)(b) of this	1042
section, in the case of a licensee seeking registration who	1043
prescribes or personally furnishes opioid analgesics or	1044
benzodiazepines, as defined in section 3719.01 of the Revised	1045
Code, the licensee shall certify to the board whether the licensee	1046
has been granted access to the drug database established and	1047
maintained by the state board of pharmacy pursuant to section	1048
4729.75 of the Revised Code.	1049

(b) The requirement in division (A)(2)(a) of this section	1050
does not apply if ~~either~~any of the following is the case:	1051

(i) The state board of pharmacy notifies the state dental	1052
board pursuant to section 4729.861 of the Revised Code that the	1053
licensee has been restricted from obtaining further information	1054
from the drug database.	1055

(ii) The state board of pharmacy no longer maintains the drug	1056
database.	1057

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

1058

(3) If a licensee certifies to the state dental board that	1059
the licensee has been granted access to the drug database and the	1060
board finds through an audit or other means that the licensee has	1061
not been granted access, the board may take action under section	1062
4715.30 of the Revised Code.	1063

(B) A licensed dentist who desires to temporarily retire from	1064
practice and who has given the board notice in writing to that	1065
effect shall be granted such a retirement, provided only that at	1066
that time all previous registration fees and additional costs of	1067
reinstatement have been paid.	1068

(C) Not later than the thirty-first day of January of an	1069
even-numbered year, the board shall send a notice by certified	1070
mail to a dentist who fails to renew a license in accordance with	1071
division (A) of this section. The notice shall state all of the	1072
following:	1073

(1) That the board has not received the registration form and	1074
fee described in that division;	1075

(2) That the license shall remain valid and in good standing	1076
until the first day of April following the last day of December of	1077
the odd-numbered year in which the dentist was scheduled to renew	1078
if the dentist remains in compliance with all other applicable	1079
provisions of this chapter and any rule adopted under it;	1080

(3) That the license may be renewed until the first day of	1081
April following the last day of December of the odd-numbered year	1082
in which the dentist was scheduled to renew by the payment of the	1083
biennial registration fee and an additional fee of one hundred	1084
dollars to cover the cost of late renewal;	1085

(4) That unless the board receives the registration form and	1086
fee before the first day of April following the last day of	1087
December of the odd-numbered year in which the dentist was	1088
scheduled to renew, the board may, on or after the relevant first	1089
day of April, initiate disciplinary action against the dentist	1090
pursuant to Chapter 119. of the Revised Code;	1091

(5) That a dentist whose license has been suspended as a	1092
result of disciplinary action initiated pursuant to division	1093
(C)(4) of this section may be reinstated by the payment of the	1094
biennial registration fee and an additional fee of three hundred	1095
dollars to cover the cost of reinstatement.	1096

(D) Each dentist licensed to practice, whether a resident or	1097
not, shall notify the secretary in writing or electronically of	1098
any change in the dentist's office address or employment within	1099
ten days after such change has taken place. On the first day of	1100
July of every even-numbered year, the secretary shall issue a	1101
printed roster of the names and addresses so registered.	1102

(E) Twenty dollars of each biennial registration fee shall be	1103
paid to the dentist loan repayment fund created under section	1104
3702.95 of the Revised Code.	1105

Sec. 4715.30. (A) An applicant for or holder of a	1106
certificate or license issued under this chapter is subject to	1107
disciplinary action by the state dental board for any of the	1108
following reasons:	1109

(1) Employing or cooperating in fraud or material deception	1110
in applying for or obtaining a license or certificate;	1111

(2) Obtaining or attempting to obtain money or anything of	1112
value by intentional misrepresentation or material deception in	1113
the course of practice;	1114

(3) Advertising services in a false or misleading manner or	1115
violating the board's rules governing time, place, and manner of	1116
advertising;	1117

(4) Commission of an act that constitutes a felony in this	1118
state, regardless of the jurisdiction in which the act was	1119
committed;	1120

(5) Commission of an act in the course of practice that	1121
constitutes a misdemeanor in this state, regardless of the	1122
jurisdiction in which the act was committed;	1123

(6) Conviction of, a plea of guilty to, a judicial finding of	1124
guilt of, a judicial finding of guilt resulting from a plea of no	1125
contest to, or a judicial finding of eligibility for intervention	1126
in lieu of conviction for, any felony or of a misdemeanor	1127
committed in the course of practice;	1128

(7) Engaging in lewd or immoral conduct in connection with	1129
the provision of dental services;	1130

(8) Selling, prescribing, giving away, or administering drugs	1131
for other than legal and legitimate therapeutic purposes, or	1132
conviction of, a plea of guilty to, a judicial finding of guilt	1133
of, a judicial finding of guilt resulting from a plea of no	1134
contest to, or a judicial finding of eligibility for intervention	1135
in lieu of conviction for, a violation of any federal or state law	1136
regulating the possession, distribution, or use of any drug;	1137

(9) Providing or allowing dental hygienists, expanded	1138
function dental auxiliaries, or other practitioners of auxiliary	1139
dental occupations working under the certificate or license	1140
holder's supervision, or a dentist holding a temporary limited	1141
continuing education license under division (C) of section 4715.16	1142
of the Revised Code working under the certificate or license	1143
holder's direct supervision, to provide dental care that departs	1144
from or fails to conform to accepted standards for the profession,	1145
whether or not injury to a patient results;	1146

(10) Inability to practice under accepted standards of the	1147
profession because of physical or mental disability, dependence on	1148
alcohol or other drugs, or excessive use of alcohol or other	1149
drugs;	1150

(11) Violation of any provision of this chapter or any rule	1151
adopted thereunder;	1152

(12) Failure to use universal blood and body fluid	1153
precautions established by rules adopted under section 4715.03 of	1154
the Revised Code;	1155

(13) Except as provided in division (H) of this section,	1156
either of the following:	1157

(a) Waiving the payment of all or any part of a deductible or	1158
copayment that a patient, pursuant to a health insurance or health	1159
care policy, contract, or plan that covers dental services, would	1160
otherwise be required to pay if the waiver is used as an	1161
enticement to a patient or group of patients to receive health	1162
care services from that certificate or license holder;	1163

(b) Advertising that the certificate or license holder will	1164
waive the payment of all or any part of a deductible or copayment	1165
that a patient, pursuant to a health insurance or health care	1166
policy, contract, or plan that covers dental services, would	1167
otherwise be required to pay.	1168

(14) Failure to comply with section 4729.79 of the Revised	1169
Code, unless the state board of pharmacy no longer maintains a	1170
drug database pursuant to section 4729.75 of the Revised Code;	1171

(15) Any of the following actions taken by an agency	1172
responsible for authorizing, certifying, or regulating an	1173
individual to practice a health care occupation or provide health	1174
care services in this state or another jurisdiction, for any	1175
reason other than the nonpayment of fees: the limitation,	1176
revocation, or suspension of an individual's license to practice;	1177
acceptance of an individual's license surrender; denial of a	1178
license; refusal to renew or reinstate a license; imposition of	1179
probation; or issuance of an order of censure or other reprimand;	1180

(16) Failure to cooperate in an investigation conducted by	1181
the board under division (D) of section 4715.03 of the Revised	1182
Code, including failure to comply with a subpoena or order issued	1183
by the board or failure to answer truthfully a question presented	1184
by the board at a deposition or in written interrogatories, except	1185
that failure to cooperate with an investigation shall not	1186
constitute grounds for discipline under this section if a court of	1187
competent jurisdiction has issued an order that either quashes a	1188
subpoena or permits the individual to withhold the testimony or	1189
evidence in issue;	1190

(17) Failure to comply with the requirements in section	1191
3719.061 of the Revised Code before issuing tofor a minor a	1192
prescription for ~~a controlled substance containing~~ an opioid	1193
analgesic, as defined in section 3719.01 of the Revised Code.	1194

(B) A manager, proprietor, operator, or conductor of a dental	1195
facility shall be subject to disciplinary action if any dentist,	1196
dental hygienist, expanded function dental auxiliary, or qualified	1197
personnel providing services in the facility is found to have	1198
committed a violation listed in division (A) of this section and	1199
the manager, proprietor, operator, or conductor knew of the	1200
violation and permitted it to occur on a recurring basis.	1201

(C) Subject to Chapter 119. of the Revised Code, the board	1202
may take one or more of the following disciplinary actions if one	1203
or more of the grounds for discipline listed in divisions (A) and	1204
(B) of this section exist:	1205

(1) Censure the license or certificate holder;

1206

(2) Place the license or certificate on probationary status	1207
for such period of time the board determines necessary and require	1208
the holder to:	1209

(a) Report regularly to the board upon the matters which are	1210
the basis of probation;	1211

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

1212

(c) Continue or renew professional education until a	1213
satisfactory degree of knowledge or clinical competency has been	1214
attained in specified areas.	1215

(3) Suspend the certificate or license;

1216

(4) Revoke the certificate or license.

1217

Where the board places a holder of a license or certificate	1218
on probationary status pursuant to division (C)(2) of this	1219
section, the board may subsequently suspend or revoke the license	1220
or certificate if it determines that the holder has not met the	1221
requirements of the probation or continues to engage in activities	1222
that constitute grounds for discipline pursuant to division (A) or	1223
(B) of this section.	1224

Any order suspending a license or certificate shall state the	1225
conditions under which the license or certificate will be	1226
restored, which may include a conditional restoration during which	1227
time the holder is in a probationary status pursuant to division	1228
(C)(2) of this section. The board shall restore the license or	1229
certificate unconditionally when such conditions are met.	1230

(D) If the physical or mental condition of an applicant or a	1231
license or certificate holder is at issue in a disciplinary	1232
proceeding, the board may order the license or certificate holder	1233
to submit to reasonable examinations by an individual designated	1234
or approved by the board and at the board's expense. The physical	1235
examination may be conducted by any individual authorized by the	1236
Revised Code to do so, including a physician assistant, a clinical	1237
nurse specialist, a certified nurse practitioner, or a certified	1238
nurse-midwife. Any written documentation of the physical	1239
examination shall be completed by the individual who conducted the	1240
examination.	1241

Failure to comply with an order for an examination shall be	1242
grounds for refusal of a license or certificate or summary	1243
suspension of a license or certificate under division (E) of this	1244
section.	1245

(E) If a license or certificate holder has failed to comply	1246
with an order under division (D) of this section, the board may	1247
apply to the court of common pleas of the county in which the	1248
holder resides for an order temporarily suspending the holder's	1249
license or certificate, without a prior hearing being afforded by	1250
the board, until the board conducts an adjudication hearing	1251
pursuant to Chapter 119. of the Revised Code. If the court	1252
temporarily suspends a holder's license or certificate, the board	1253
shall give written notice of the suspension personally or by	1254
certified mail to the license or certificate holder. Such notice	1255
shall inform the license or certificate holder of the right to a	1256
hearing pursuant to Chapter 119. of the Revised Code.	1257

(F) Any holder of a certificate or license issued under this	1258
chapter who has pleaded guilty to, has been convicted of, or has	1259
had a judicial finding of eligibility for intervention in lieu of	1260
conviction entered against the holder in this state for aggravated	1261
murder, murder, voluntary manslaughter, felonious assault,	1262
kidnapping, rape, sexual battery, gross sexual imposition,	1263
aggravated arson, aggravated robbery, or aggravated burglary, or	1264
who has pleaded guilty to, has been convicted of, or has had a	1265
judicial finding of eligibility for treatment or intervention in	1266
lieu of conviction entered against the holder in another	1267
jurisdiction for any substantially equivalent criminal offense, is	1268
automatically suspended from practice under this chapter in this	1269
state and any certificate or license issued to the holder under	1270
this chapter is automatically suspended, as of the date of the	1271
guilty plea, conviction, or judicial finding, whether the	1272
proceedings are brought in this state or another jurisdiction.	1273
Continued practice by an individual after the suspension of the	1274
individual's certificate or license under this division shall be	1275
considered practicing without a certificate or license. The board	1276
shall notify the suspended individual of the suspension of the	1277
individual's certificate or license under this division by	1278
certified mail or in person in accordance with section 119.07 of	1279
the Revised Code. If an individual whose certificate or license is	1280
suspended under this division fails to make a timely request for	1281
an adjudicatory hearing, the board shall enter a final order	1282
revoking the individual's certificate or license.	1283

(G) If the supervisory investigative panel determines both of	1284
the following, the panel may recommend that the board suspend an	1285
individual's certificate or license without a prior hearing:	1286

(1) That there is clear and convincing evidence that an	1287
individual has violated division (A) of this section;	1288

(2) That the individual's continued practice presents a	1289
danger of immediate and serious harm to the public.	1290

Written allegations shall be prepared for consideration by	1291
the board. The board, upon review of those allegations and by an	1292
affirmative vote of not fewer than four dentist members of the	1293
board and seven of its members in total, excluding any member on	1294
the supervisory investigative panel, may suspend a certificate or	1295
license without a prior hearing. A telephone conference call may	1296
be utilized for reviewing the allegations and taking the vote on	1297
the summary suspension.	1298

The board shall issue a written order of suspension by	1299
certified mail or in person in accordance with section 119.07 of	1300
the Revised Code. The order shall not be subject to suspension by	1301
the court during pendency or any appeal filed under section 119.12	1302
of the Revised Code. If the individual subject to the summary	1303
suspension requests an adjudicatory hearing by the board, the date	1304
set for the hearing shall be within fifteen days, but not earlier	1305
than seven days, after the individual requests the hearing, unless	1306
otherwise agreed to by both the board and the individual.	1307

Any summary suspension imposed under this division shall	1308
remain in effect, unless reversed on appeal, until a final	1309
adjudicative order issued by the board pursuant to this section	1310
and Chapter 119. of the Revised Code becomes effective. The board	1311
shall issue its final adjudicative order within seventy-five days	1312
after completion of its hearing. A failure to issue the order	1313
within seventy-five days shall result in dissolution of the	1314
summary suspension order but shall not invalidate any subsequent,	1315
final adjudicative order.	1316

(H) Sanctions shall not be imposed under division (A)(13) of	1317
this section against any certificate or license holder who waives	1318
deductibles and copayments as follows:	1319

(1) In compliance with the health benefit plan that expressly	1320
allows such a practice. Waiver of the deductibles or copayments	1321
shall be made only with the full knowledge and consent of the plan	1322
purchaser, payer, and third-party administrator. Documentation of	1323
the consent shall be made available to the board upon request.	1324

(2) For professional services rendered to any other person	1325
who holds a certificate or license issued pursuant to this chapter	1326
to the extent allowed by this chapter and the rules of the board.	1327

(I) In no event shall the board consider or raise during a	1328
hearing required by Chapter 119. of the Revised Code the	1329
circumstances of, or the fact that the board has received, one or	1330
more complaints about a person unless the one or more complaints	1331
are the subject of the hearing or resulted in the board taking an	1332
action authorized by this section against the person on a prior	1333
occasion.	1334

(J) The board may share any information it receives pursuant	1335
to an investigation under division (D) of section 4715.03 of the	1336
Revised Code, including patient records and patient record	1337
information, with law enforcement agencies, other licensing	1338
boards, and other governmental agencies that are prosecuting,	1339
adjudicating, or investigating alleged violations of statutes or	1340
administrative rules. An agency or board that receives the	1341
information shall comply with the same requirements regarding	1342
confidentiality as those with which the state dental board must	1343
comply, notwithstanding any conflicting provision of the Revised	1344
Code or procedure of the agency or board that applies when it is	1345
dealing with other information in its possession. In a judicial	1346
proceeding, the information may be admitted into evidence only in	1347
accordance with the Rules of Evidence, but the court shall require	1348
that appropriate measures are taken to ensure that confidentiality	1349
is maintained with respect to any part of the information that	1350
contains names or other identifying information about patients or	1351
complainants whose confidentiality was protected by the state	1352
dental board when the information was in the board's possession.	1353
Measures to ensure confidentiality that may be taken by the court	1354
include sealing its records or deleting specific information from	1355
its records.	1356

Sec. 4723.28. (A) The board of nursing, by a vote of a	1357
quorum, may impose one or more of the following sanctions if it	1358
finds that a person committed fraud in passing an examination	1359
required to obtain a license, certificate of authority, or	1360
dialysis technician certificate issued by the board or to have	1361
committed fraud, misrepresentation, or deception in applying for	1362
or securing any nursing license, certificate of authority, or	1363
dialysis technician certificate issued by the board: deny, revoke,	1364
suspend, or place restrictions on any nursing license, certificate	1365
of authority, or dialysis technician certificate issued by the	1366
board; reprimand or otherwise discipline a holder of a nursing	1367
license, certificate of authority, or dialysis technician	1368
certificate; or impose a fine of not more than five hundred	1369
dollars per violation.	1370

(B) The board of nursing, by a vote of a quorum, may impose	1371
one or more of the following sanctions: deny, revoke, suspend, or	1372
place restrictions on any nursing license, certificate of	1373
authority, or dialysis technician certificate issued by the board;	1374
reprimand or otherwise discipline a holder of a nursing license,	1375
certificate of authority, or dialysis technician certificate; or	1376
impose a fine of not more than five hundred dollars per violation.	1377
The sanctions may be imposed for any of the following:	1378

(1) Denial, revocation, suspension, or restriction of	1379
authority to engage in a licensed profession or practice a health	1380
care occupation, including nursing or practice as a dialysis	1381
technician, for any reason other than a failure to renew, in Ohio	1382
or another state or jurisdiction;	1383

(2) Engaging in the practice of nursing or engaging in	1384
practice as a dialysis technician, having failed to renew a	1385
nursing license or dialysis technician certificate issued under	1386
this chapter, or while a nursing license or dialysis technician	1387
certificate is under suspension;	1388

(3) Conviction of, a plea of guilty to, a judicial finding of	1389
guilt of, a judicial finding of guilt resulting from a plea of no	1390
contest to, or a judicial finding of eligibility for a pretrial	1391
diversion or similar program or for intervention in lieu of	1392
conviction for, a misdemeanor committed in the course of practice;	1393

(4) Conviction of, a plea of guilty to, a judicial finding of	1394
guilt of, a judicial finding of guilt resulting from a plea of no	1395
contest to, or a judicial finding of eligibility for a pretrial	1396
diversion or similar program or for intervention in lieu of	1397
conviction for, any felony or of any crime involving gross	1398
immorality or moral turpitude;	1399

(5) Selling, giving away, or administering drugs or	1400
therapeutic devices for other than legal and legitimate	1401
therapeutic purposes; or conviction of, a plea of guilty to, a	1402
judicial finding of guilt of, a judicial finding of guilt	1403
resulting from a plea of no contest to, or a judicial finding of	1404
eligibility for a pretrial diversion or similar program or for	1405
intervention in lieu of conviction for, violating any municipal,	1406
state, county, or federal drug law;	1407

(6) Conviction of, a plea of guilty to, a judicial finding of	1408
guilt of, a judicial finding of guilt resulting from a plea of no	1409
contest to, or a judicial finding of eligibility for a pretrial	1410
diversion or similar program or for intervention in lieu of	1411
conviction for, an act in another jurisdiction that would	1412
constitute a felony or a crime of moral turpitude in Ohio;	1413

(7) Conviction of, a plea of guilty to, a judicial finding of	1414
guilt of, a judicial finding of guilt resulting from a plea of no	1415
contest to, or a judicial finding of eligibility for a pretrial	1416
diversion or similar program or for intervention in lieu of	1417
conviction for, an act in the course of practice in another	1418
jurisdiction that would constitute a misdemeanor in Ohio;	1419

(8) Self-administering or otherwise taking into the body any	1420
dangerous drug, as defined in section 4729.01 of the Revised Code,	1421
in any way that is not in accordance with a legal, valid	1422
prescription issued for that individual, or self-administering or	1423
otherwise taking into the body any drug that is a schedule I	1424
controlled substance;	1425

(9) Habitual or excessive use of controlled substances, other	1426
habit-forming drugs, or alcohol or other chemical substances to an	1427
extent that impairs the individual's ability to provide safe	1428
nursing care or safe dialysis care;	1429

(10) Impairment of the ability to practice according to	1430
acceptable and prevailing standards of safe nursing care or safe	1431
dialysis care because of the use of drugs, alcohol, or other	1432
chemical substances;	1433

(11) Impairment of the ability to practice according to	1434
acceptable and prevailing standards of safe nursing care or safe	1435
dialysis care because of a physical or mental disability;	1436

(12) Assaulting or causing harm to a patient or depriving a	1437
patient of the means to summon assistance;	1438

(13) Misappropriation or attempted misappropriation of money	1439
or anything of value in the course of practice;	1440

(14) Adjudication by a probate court of being mentally ill or	1441
mentally incompetent. The board may reinstate the person's nursing	1442
license or dialysis technician certificate upon adjudication by a	1443
probate court of the person's restoration to competency or upon	1444
submission to the board of other proof of competency.	1445

(15) The suspension or termination of employment by the	1446
department of defense or the veterans administration of the United	1447
States for any act that violates or would violate this chapter;	1448

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

1449

(17) Violation of any restrictions placed by the board on a	1450
nursing license or dialysis technician certificate;	1451

(18) Failure to use universal and standard precautions	1452
established by rules adopted under section 4723.07 of the Revised	1453
Code;	1454

(19) Failure to practice in accordance with acceptable and	1455
prevailing standards of safe nursing care or safe dialysis care;	1456

(20) In the case of a registered nurse, engaging in	1457
activities that exceed the practice of nursing as a registered	1458
nurse;	1459

(21) In the case of a licensed practical nurse, engaging in	1460
activities that exceed the practice of nursing as a licensed	1461
practical nurse;	1462

(22) In the case of a dialysis technician, engaging in	1463
activities that exceed those permitted under section 4723.72 of	1464
the Revised Code;	1465

(23) Aiding and abetting a person in that person's practice	1466
of nursing without a license or practice as a dialysis technician	1467
without a certificate issued under this chapter;	1468

(24) In the case of a certified registered nurse anesthetist,	1469
clinical nurse specialist, certified nurse-midwife, or certified	1470
nurse practitioner, except as provided in division (M) of this	1471
section, either of the following:	1472

(a) Waiving the payment of all or any part of a deductible or	1473
copayment that a patient, pursuant to a health insurance or health	1474
care policy, contract, or plan that covers such nursing services,	1475
would otherwise be required to pay if the waiver is used as an	1476
enticement to a patient or group of patients to receive health	1477
care services from that provider;	1478

(b) Advertising that the nurse will waive the payment of all	1479
or any part of a deductible or copayment that a patient, pursuant	1480
to a health insurance or health care policy, contract, or plan	1481
that covers such nursing services, would otherwise be required to	1482
pay.	1483

(25) Failure to comply with the terms and conditions of	1484
participation in the chemical dependency monitoring program	1485
established under section 4723.35 of the Revised Code;	1486

(26) Failure to comply with the terms and conditions required	1487
under the practice intervention and improvement program	1488
established under section 4723.282 of the Revised Code;	1489

(27) In the case of a certified registered nurse anesthetist,	1490
clinical nurse specialist, certified nurse-midwife, or certified	1491
nurse practitioner:	1492

(a) Engaging in activities that exceed those permitted for	1493
the nurse's nursing specialty under section 4723.43 of the Revised	1494
Code;	1495

(b) Failure to meet the quality assurance standards	1496
established under section 4723.07 of the Revised Code.	1497

(28) In the case of a clinical nurse specialist, certified	1498
nurse-midwife, or certified nurse practitioner, failure to	1499
maintain a standard care arrangement in accordance with section	1500
4723.431 of the Revised Code or to practice in accordance with the	1501
standard care arrangement;	1502

(29) In the case of a clinical nurse specialist, certified	1503
nurse-midwife, or certified nurse practitioner who holds a	1504
certificate to prescribe issued under section 4723.48 of the	1505
Revised Code, failure to prescribe drugs and therapeutic devices	1506
in accordance with section 4723.481 of the Revised Code;	1507

(30) Prescribing any drug or device to perform or induce an	1508
abortion, or otherwise performing or inducing an abortion;	1509

(31) Failure to establish and maintain professional	1510
boundaries with a patient, as specified in rules adopted under	1511
section 4723.07 of the Revised Code;	1512

(32) Regardless of whether the contact or verbal behavior is	1513
consensual, engaging with a patient other than the spouse of the	1514
registered nurse, licensed practical nurse, or dialysis technician	1515
in any of the following:	1516

(a) Sexual contact, as defined in section 2907.01 of the	1517
Revised Code;	1518

(b) Verbal behavior that is sexually demeaning to the patient	1519
or may be reasonably interpreted by the patient as sexually	1520
demeaning.	1521

(33) Assisting suicide, as defined in section 3795.01 of the	1522
Revised Code;	1523

(34) Failure to comply with the requirements in section	1524
3719.061 of the Revised Code before issuing tofor a minor a	1525
prescription for ~~a controlled substance containing~~ an opioid	1526
analgesic, as defined in section 3719.01 of the Revised Code.	1527

(C) Disciplinary actions taken by the board under divisions	1528
(A) and (B) of this section shall be taken pursuant to an	1529
adjudication conducted under Chapter 119. of the Revised Code,	1530
except that in lieu of a hearing, the board may enter into a	1531
consent agreement with an individual to resolve an allegation of a	1532
violation of this chapter or any rule adopted under it. A consent	1533
agreement, when ratified by a vote of a quorum, shall constitute	1534
the findings and order of the board with respect to the matter	1535
addressed in the agreement. If the board refuses to ratify a	1536
consent agreement, the admissions and findings contained in the	1537
agreement shall be of no effect.	1538

(D) The hearings of the board shall be conducted in	1539
accordance with Chapter 119. of the Revised Code, the board may	1540
appoint a hearing examiner, as provided in section 119.09 of the	1541
Revised Code, to conduct any hearing the board is authorized to	1542
hold under Chapter 119. of the Revised Code.	1543

In any instance in which the board is required under Chapter	1544
119. of the Revised Code to give notice of an opportunity for a	1545
hearing and the applicant, licensee, or certificate holder does	1546
not make a timely request for a hearing in accordance with section	1547
119.07 of the Revised Code, the board is not required to hold a	1548
hearing, but may adopt, by a vote of a quorum, a final order that	1549
contains the board's findings. In the final order, the board may	1550
order any of the sanctions listed in division (A) or (B) of this	1551
section.	1552

(E) If a criminal action is brought against a registered	1553
nurse, licensed practical nurse, or dialysis technician for an act	1554
or crime described in divisions (B)(3) to (7) of this section and	1555
the action is dismissed by the trial court other than on the	1556
merits, the board shall conduct an adjudication to determine	1557
whether the registered nurse, licensed practical nurse, or	1558
dialysis technician committed the act on which the action was	1559
based. If the board determines on the basis of the adjudication	1560
that the registered nurse, licensed practical nurse, or dialysis	1561
technician committed the act, or if the registered nurse, licensed	1562
practical nurse, or dialysis technician fails to participate in	1563
the adjudication, the board may take action as though the	1564
registered nurse, licensed practical nurse, or dialysis technician	1565
had been convicted of the act.	1566

If the board takes action on the basis of a conviction, plea,	1567
or a judicial finding as described in divisions (B)(3) to (7) of	1568
this section that is overturned on appeal, the registered nurse,	1569
licensed practical nurse, or dialysis technician may, on	1570
exhaustion of the appeal process, petition the board for	1571
reconsideration of its action. On receipt of the petition and	1572
supporting court documents, the board shall temporarily rescind	1573
its action. If the board determines that the decision on appeal	1574
was a decision on the merits, it shall permanently rescind its	1575
action. If the board determines that the decision on appeal was	1576
not a decision on the merits, it shall conduct an adjudication to	1577
determine whether the registered nurse, licensed practical nurse,	1578
or dialysis technician committed the act on which the original	1579
conviction, plea, or judicial finding was based. If the board	1580
determines on the basis of the adjudication that the registered	1581
nurse, licensed practical nurse, or dialysis technician committed	1582
such act, or if the registered nurse, licensed practical nurse, or	1583
dialysis technician does not request an adjudication, the board	1584
shall reinstate its action; otherwise, the board shall permanently	1585
rescind its action.	1586

Notwithstanding the provision of division (C)(2) of section	1587
2953.32 of the Revised Code specifying that if records pertaining	1588
to a criminal case are sealed under that section the proceedings	1589
in the case shall be deemed not to have occurred, sealing of the	1590
following records on which the board has based an action under	1591
this section shall have no effect on the board's action or any	1592
sanction imposed by the board under this section: records of any	1593
conviction, guilty plea, judicial finding of guilt resulting from	1594
a plea of no contest, or a judicial finding of eligibility for a	1595
pretrial diversion program or intervention in lieu of conviction.	1596

The board shall not be required to seal, destroy, redact, or	1597
otherwise modify its records to reflect the court's sealing of	1598
conviction records.	1599

(F) The board may investigate an individual's criminal	1600
background in performing its duties under this section. As part of	1601
such investigation, the board may order the individual to submit,	1602
at the individual's expense, a request to the bureau of criminal	1603
identification and investigation for a criminal records check and	1604
check of federal bureau of investigation records in accordance	1605
with the procedure described in section 4723.091 of the Revised	1606
Code.	1607

(G) During the course of an investigation conducted under	1608
this section, the board may compel any registered nurse, licensed	1609
practical nurse, or dialysis technician or applicant under this	1610
chapter to submit to a mental or physical examination, or both, as	1611
required by the board and at the expense of the individual, if the	1612
board finds reason to believe that the individual under	1613
investigation may have a physical or mental impairment that may	1614
affect the individual's ability to provide safe nursing care.	1615
Failure of any individual to submit to a mental or physical	1616
examination when directed constitutes an admission of the	1617
allegations, unless the failure is due to circumstances beyond the	1618
individual's control, and a default and final order may be entered	1619
without the taking of testimony or presentation of evidence.	1620

If the board finds that an individual is impaired, the board	1621
shall require the individual to submit to care, counseling, or	1622
treatment approved or designated by the board, as a condition for	1623
initial, continued, reinstated, or renewed authority to practice.	1624
The individual shall be afforded an opportunity to demonstrate to	1625
the board that the individual can begin or resume the individual's	1626
occupation in compliance with acceptable and prevailing standards	1627
of care under the provisions of the individual's authority to	1628
practice.	1629

For purposes of this division, any registered nurse, licensed	1630
practical nurse, or dialysis technician or applicant under this	1631
chapter shall be deemed to have given consent to submit to a	1632
mental or physical examination when directed to do so in writing	1633
by the board, and to have waived all objections to the	1634
admissibility of testimony or examination reports that constitute	1635
a privileged communication.	1636

(H) The board shall investigate evidence that appears to show	1637
that any person has violated any provision of this chapter or any	1638
rule of the board. Any person may report to the board any	1639
information the person may have that appears to show a violation	1640
of any provision of this chapter or rule of the board. In the	1641
absence of bad faith, any person who reports such information or	1642
who testifies before the board in any adjudication conducted under	1643
Chapter 119. of the Revised Code shall not be liable for civil	1644
damages as a result of the report or testimony.	1645

(I) All of the following apply under this chapter with	1646
respect to the confidentiality of information:	1647

(1) Information received by the board pursuant to a complaint	1648
or an investigation is confidential and not subject to discovery	1649
in any civil action, except that the board may disclose	1650
information to law enforcement officers and government entities	1651
for purposes of an investigation of either a licensed health care	1652
professional, including a registered nurse, licensed practical	1653
nurse, or dialysis technician, or a person who may have engaged in	1654
the unauthorized practice of nursing or dialysis care. No law	1655
enforcement officer or government entity with knowledge of any	1656
information disclosed by the board pursuant to this division shall	1657
divulge the information to any other person or government entity	1658
except for the purpose of a government investigation, a	1659
prosecution, or an adjudication by a court or government entity.	1660

(2) If an investigation requires a review of patient records,	1661
the investigation and proceeding shall be conducted in such a	1662
manner as to protect patient confidentiality.	1663

(3) All adjudications and investigations of the board shall	1664
be considered civil actions for the purposes of section 2305.252	1665
of the Revised Code.	1666

(4) Any board activity that involves continued monitoring of	1667
an individual as part of or following any disciplinary action	1668
taken under this section shall be conducted in a manner that	1669
maintains the individual's confidentiality. Information received	1670
or maintained by the board with respect to the board's monitoring	1671
activities is not subject to discovery in any civil action and is	1672
confidential, except that the board may disclose information to	1673
law enforcement officers and government entities for purposes of	1674
an investigation of a licensee or certificate holder.	1675

(J) Any action taken by the board under this section	1676
resulting in a suspension from practice shall be accompanied by a	1677
written statement of the conditions under which the person may be	1678
reinstated to practice.	1679

(K) When the board refuses to grant a license or certificate	1680
to an applicant, revokes a license or certificate, or refuses to	1681
reinstate a license or certificate, the board may specify that its	1682
action is permanent. An individual subject to permanent action	1683
taken by the board is forever ineligible to hold a license or	1684
certificate of the type that was refused or revoked and the board	1685
shall not accept from the individual an application for	1686
reinstatement of the license or certificate or for a new license	1687
or certificate.	1688

(L) No unilateral surrender of a nursing license, certificate	1689
of authority, or dialysis technician certificate issued under this	1690
chapter shall be effective unless accepted by majority vote of the	1691
board. No application for a nursing license, certificate of	1692
authority, or dialysis technician certificate issued under this	1693
chapter may be withdrawn without a majority vote of the board. The	1694
board's jurisdiction to take disciplinary action under this	1695
section is not removed or limited when an individual has a license	1696
or certificate classified as inactive or fails to renew a license	1697
or certificate.	1698

(M) Sanctions shall not be imposed under division (B)(24) of	1699
this section against any licensee who waives deductibles and	1700
copayments as follows:	1701

(1) In compliance with the health benefit plan that expressly	1702
allows such a practice. Waiver of the deductibles or copayments	1703
shall be made only with the full knowledge and consent of the plan	1704
purchaser, payer, and third-party administrator. Documentation of	1705
the consent shall be made available to the board upon request.	1706

(2) For professional services rendered to any other person	1707
licensed pursuant to this chapter to the extent allowed by this	1708
chapter and the rules of the board.	1709

Sec. 4723.481. This section establishes standards and	1710
conditions regarding the authority of a clinical nurse specialist,	1711
certified nurse-midwife, or certified nurse practitioner to	1712
prescribe drugs and therapeutic devices under a certificate to	1713
prescribe issued under section 4723.48 of the Revised Code.	1714

(A) A clinical nurse specialist, certified nurse-midwife, or	1715
certified nurse practitioner shall not prescribe any drug or	1716
therapeutic device that is not included in the types of drugs and	1717
devices listed on the formulary established in rules adopted under	1718
section 4723.50 of the Revised Code.	1719

(B) The prescriptive authority of a clinical nurse	1720
specialist, certified nurse-midwife, or certified nurse	1721
practitioner shall not exceed the prescriptive authority of the	1722
collaborating physician or podiatrist, including the collaborating	1723
physician's authority to treat chronic pain with controlled	1724
substances and products containing tramadol as described in	1725
section 4731.052 of the Revised Code.	1726

(C)(1) Except as provided in division (C)(2) or (3) of this	1727
section, a clinical nurse specialist, certified nurse-midwife, or	1728
certified nurse practitioner may prescribe to a patient a schedule	1729
II controlled substance only if all of the following are the case:	1730

(a) The patient has a terminal condition, as defined in	1731
section 2133.01 of the Revised Code.	1732

(b) The collaborating physician of the clinical nurse	1733
specialist, certified nurse-midwife, or certified nurse	1734
practitioner initially prescribed the substance for the patient.	1735

(c) The prescription is for an amount that does not exceed	1736
the amount necessary for the patient's use in a single,	1737
twenty-four-hour period.	1738

(2) The restrictions on prescriptive authority in division	1739
(C)(1) of this section do not apply if a clinical nurse	1740
specialist, certified nurse-midwife, or certified nurse	1741
practitioner issues the prescription to the patient from any of	1742
the following locations:	1743

(a) A hospital registered under section 3701.07 of the	1744
Revised Code;	1745

(b) An entity owned or controlled, in whole or in part, by a	1746
hospital or by an entity that owns or controls, in whole or in	1747
part, one or more hospitals;	1748

(c) A health care facility operated by the department of	1749
mental health and addiction services or the department of	1750
developmental disabilities;	1751

(d) A nursing home licensed under section 3721.02 of the	1752
Revised Code or by a political subdivision certified under section	1753
3721.09 of the Revised Code;	1754

(e) A county home or district home operated under Chapter	1755
5155. of the Revised Code that is certified under the medicare or	1756
medicaid program;	1757

(f) A hospice care program, as defined in section 3712.01 of	1758
the Revised Code;	1759

(g) A community mental health services provider, as defined	1760
in section 5122.01 of the Revised Code;	1761

(h) An ambulatory surgical facility, as defined in section	1762
3702.30 of the Revised Code;	1763

(i) A freestanding birthing center, as defined in section	1764
3702.141 of the Revised Code;	1765

(j) A federally qualified health center, as defined in	1766
section 3701.047 of the Revised Code;	1767

(k) A federally qualified health center look-alike, as	1768
defined in section 3701.047 of the Revised Code;	1769

(l) A health care office or facility operated by the board of	1770
health of a city or general health district or the authority	1771
having the duties of a board of health under section 3709.05 of	1772
the Revised Code;	1773

(m) A site where a medical practice is operated, but only if	1774
the practice is comprised of one or more physicians who also are	1775
owners of the practice; the practice is organized to provide	1776
direct patient care; and the clinical nurse specialist, certified	1777
nurse-midwife, or certified nurse practitioner providing services	1778
at the site has a standard care arrangement and collaborates with	1779
at least one of the physician owners who practices primarily at	1780
that site.	1781

(3) A clinical nurse specialist, certified nurse-midwife, or	1782
certified nurse practitioner shall not issue to a patient a	1783
prescription for a schedule II controlled substance from a	1784
convenience care clinic even if the clinic is owned or operated by	1785
an entity specified in division (C)(2) of this section.	1786

(D) A pharmacist who acts in good faith reliance on a	1787
prescription issued by a clinical nurse specialist, certified	1788
nurse-midwife, or certified nurse practitioner under division	1789
(C)(2) of this section is not liable for or subject to any of the	1790
following for relying on the prescription: damages in any civil	1791
action, prosecution in any criminal proceeding, or professional	1792
disciplinary action by the state board of pharmacy under Chapter	1793
4729. of the Revised Code.	1794

(E) A clinical nurse specialist, certified nurse-midwife, or	1795
certified nurse practitioner may personally furnish to a patient a	1796
sample of any drug or therapeutic device included in the types of	1797
drugs and devices listed on the formulary, except that all of the	1798
following conditions apply:	1799

(1) The amount of the sample furnished shall not exceed a	1800
seventy-two-hour supply, except when the minimum available	1801
quantity of the sample is packaged in an amount that is greater	1802
than a seventy-two-hour supply, in which case the packaged amount	1803
may be furnished.	1804

(2) No charge may be imposed for the sample or for furnishing	1805
it.	1806

(3) Samples of controlled substances may not be personally	1807
furnished.	1808

(F) A clinical nurse specialist, certified nurse-midwife, or	1809
certified nurse practitioner may personally furnish to a patient a	1810
complete or partial supply of a drug or therapeutic device	1811
included in the types of drugs and devices listed on the	1812
formulary, except that all of the following conditions apply:	1813

(1) The clinical nurse specialist, certified nurse-midwife,	1814
or certified nurse practitioner shall personally furnish only	1815
antibiotics, antifungals, scabicides, contraceptives, prenatal	1816
vitamins, antihypertensives, drugs and devices used in the	1817
treatment of diabetes, drugs and devices used in the treatment of	1818
asthma, and drugs used in the treatment of dyslipidemia.	1819

(2) The clinical nurse specialist, certified nurse-midwife,	1820
or certified nurse practitioner shall not furnish the drugs and	1821
devices in locations other than a health department operated by	1822
the board of health of a city or general health district or the	1823
authority having the duties of a board of health under section	1824
3709.05 of the Revised Code, a federally funded comprehensive	1825
primary care clinic, or a nonprofit health care clinic or program.	1826

(3) The clinical nurse specialist, certified nurse-midwife,	1827
or certified nurse practitioner shall comply with all safety	1828
standards for personally furnishing supplies of drugs and devices,	1829
as established in rules adopted under section 4723.50 of the	1830
Revised Code.	1831

(G) A clinical nurse specialist, certified nurse-midwife, or	1832
certified nurse practitioner shall comply with section 3719.061 of	1833
the Revised Code if the nurse prescribes for a minor, as defined	1834
in that section, ~~a compound that is a controlled substance~~	1835
~~containing~~ an opioid analgesic, as defined in section 3719.01 of	1836
the Revised Code.	1837

Sec. 4723.486. (A) A certificate to prescribe issued under	1838
section 4723.48 of the Revised Code that is not issued as an	1839
externship certificate is valid for two years, unless otherwise	1840
provided in rules adopted under section 4723.50 of the Revised	1841
Code or earlier suspended or revoked by the board. The board of	1842
nursing shall renew certificates to prescribe according to	1843
procedures and a renewal schedule established in rules adopted	1844
under section 4723.50 of the Revised Code.	1845

(B) Except as provided in division (C) of this section, the	1846
board may renew a certificate to prescribe if the holder submits	1847
to the board all of the following:	1848

(1) Evidence of having completed during the previous two	1849
years at least twelve hours of continuing education in advanced	1850
pharmacology, or, if the certificate has been held for less than a	1851
full renewal period, the number of hours required by the board in	1852
rules adopted under section 4723.50 of the Revised Code;	1853

(2) The fee required under section 4723.08 of the Revised	1854
Code for renewal of a certificate to prescribe;	1855

(3) Any additional information the board requires pursuant to	1856
rules adopted under section 4723.50 of the Revised Code.	1857

(C)(1) Except as provided in division (C)(2) of this section,	1858
in the case of a certificate holder seeking renewal who prescribes	1859
opioid analgesics or benzodiazepines, as defined in section	1860
3719.01 of the Revised Code, the holder shall certify to the board	1861
whether the holder has been granted access to the drug database	1862
established and maintained by the state board of pharmacy pursuant	1863
to section 4729.75 of the Revised Code.	1864

(2) The requirement in division (C)(1) of this section does	1865
not apply if ~~either~~any of the following is the case:	1866

(a) The state board of pharmacy notifies the board of nursing	1867
pursuant to section 4729.861 of the Revised Code that the	1868
certificate holder has been restricted from obtaining further	1869
information from the drug database.	1870

(b) The state board of pharmacy no longer maintains the drug	1871
database.	1872

(c) The certificate holder does not practice nursing in this	1873
state.	1874

(3) If a certificate holder certifies to the board of nursing	1875
that the holder has been granted access to the drug database and	1876
the board finds through an audit or other means that the holder	1877
has not been granted access, the board may take action under	1878
section 4723.28 of the Revised Code.	1879

(D) The continuing education in pharmacology required under	1880
division (B)(1) of this section must be received from an	1881
accredited institution recognized by the board. The hours of	1882
continuing education required are in addition to any other	1883
continuing education requirement that must be completed pursuant	1884
to this chapter.	1885

Sec. 4725.16. (A)(1) Each certificate of licensure, topical	1886
ocular pharmaceutical agents certificate, and therapeutic	1887
pharmaceutical agents certificate issued by the state board of	1888
optometry shall expire annually on the last day of December, and	1889
may be renewed in accordance with this section and the standard	1890
renewal procedure established under Chapter 4745. of the Revised	1891
Code.	1892

(2) An optometrist seeking to continue to practice optometry	1893
shall file with the board an application for license renewal. The	1894
application shall be in such form and require such pertinent	1895
professional biographical data as the board may require.	1896

(3)(a) Except as provided in division (A)(3)(b) of this	1897
section, in the case of an optometrist seeking renewal who holds a	1898
~~topical ocular~~therapeutic pharmaceutical agents certificate and	1899
who prescribes or personally furnishes analgesic controlled	1900
substances authorized pursuant to section 4725.091 of the Revised	1901
Code that are opioid analgesics ~~or benzodiazepines~~, as defined in	1902
section 3719.01 of the Revised Code, the optometrist shall certify	1903
to the board whether the optometrist has been granted access to	1904
the drug database established and maintained by the state board of	1905
pharmacy pursuant to section 4729.75 of the Revised Code.	1906

(b) The requirement in division (A)(3)(a) of this section	1907
does not apply if ~~either~~any of the following is the case:	1908

(i) The state board of pharmacy notifies the state board of	1909
optometry pursuant to section 4729.861 of the Revised Code that	1910
the certificate holder has been restricted from obtaining further	1911
information from the drug database.	1912

(ii) The state board of pharmacy no longer maintains the drug	1913
database.	1914

(iii) The certificate holder does not practice optometry in	1915
this state.	1916

(c) If an optometrist certifies to the state board of	1917
optometry that the optometrist has been granted access to the drug	1918
database and the board finds through an audit or other means that	1919
the optometrist has not been granted access, the board may take	1920
action under section 4725.19 of the Revised Code.	1921

(B) All licensed optometrists shall annually complete	1922
continuing education in subjects relating to the practice of	1923
optometry, to the end that the utilization and application of new	1924
techniques, scientific and clinical advances, and the achievements	1925
of research will assure comprehensive care to the public. The	1926
board shall prescribe by rule the continuing optometric education	1927
that licensed optometrists must complete. The length of study	1928
shall be twenty-five clock hours each year, including ten clock	1929
hours of instruction in pharmacology to be completed by all	1930
licensed optometrists.	1931

Unless the continuing education required under this division	1932
is waived or deferred under division (D) of this section, the	1933
continuing education must be completed during the twelve-month	1934
period beginning on the first day of October and ending on the	1935
last day of September. If the board receives notice from a	1936
continuing education program indicating that an optometrist	1937
completed the program after the last day of September, and the	1938
optometrist wants to use the continuing education completed after	1939
that day to renew the license that expires on the last day of	1940
December of that year, the optometrist shall pay the penalty	1941
specified under section 4725.34 of the Revised Code for late	1942
completion of continuing education.	1943

At least once annually, the board shall post on its web site	1944
and shall mail, or send by electronic mail, to each licensed	1945
optometrist a list of courses approved in accordance with	1946
standards prescribed by board rule. Upon the request of a licensed	1947
optometrist, the executive director of the board shall supply a	1948
list of additional courses that the board has approved subsequent	1949
to the most recent web site posting, electronic mail transmission,	1950
or mailing of the list of approved courses.	1951

(C)(1) Annually, not later than the first day of November,	1952
the board shall mail or send by electronic mail a notice regarding	1953
license renewal to each licensed optometrist who may be eligible	1954
for renewal. The notice shall be sent to the optometrist's most	1955
recent electronic mail or mailing address shown in the board's	1956
records. If the board knows that the optometrist has completed the	1957
required continuing optometric education for the year, the board	1958
may include with the notice an application for license renewal.	1959

(2) Filing a license renewal application with the board shall	1960
serve as notice by the optometrist that the continuing optometric	1961
education requirement has been successfully completed. If the	1962
board finds that an optometrist has not completed the required	1963
continuing optometric education, the board shall disapprove the	1964
optometrist's application. The board's disapproval of renewal is	1965
effective without a hearing, unless a hearing is requested	1966
pursuant to Chapter 119. of the Revised Code.	1967

(3) The board shall refuse to accept an application for	1968
renewal from any applicant whose license is not in good standing	1969
or who is under disciplinary review pursuant to section 4725.19 of	1970
the Revised Code.	1971

(4) Notice of an applicant's failure to qualify for renewal	1972
shall be served upon the applicant by mail. The notice shall be	1973
sent not later than the fifteenth day of November to the	1974
applicant's last address shown in the board's records.	1975

(D) In cases of certified illness or undue hardship, the	1976
board may waive or defer for up to twelve months the requirement	1977
of continuing optometric education, except that in such cases the	1978
board may not waive or defer the continuing education in	1979
pharmacology required to be completed by optometrists who hold	1980
topical ocular pharmaceutical agents certificates or therapeutic	1981
pharmaceutical agents certificates. The board shall waive the	1982
requirement of continuing optometric education for any optometrist	1983
who is serving on active duty in the armed forces of the United	1984
States or a reserve component of the armed forces of the United	1985
States, including the Ohio national guard or the national guard of	1986
any other state or who has received an initial certificate of	1987
licensure during the nine-month period which ended on the last day	1988
of September.	1989

(E) An optometrist whose renewal application has been	1990
approved may renew each certificate held by paying to the	1991
treasurer of state the fees for renewal specified under section	1992
4725.34 of the Revised Code. On payment of all applicable fees,	1993
the board shall issue a renewal of the optometrist's certificate	1994
of licensure, topical ocular pharmaceutical agents certificate,	1995
and therapeutic pharmaceutical agents certificate, as appropriate.	1996

(F) Not later than the fifteenth day of December, the board	1997
shall mail or send by electronic mail a second notice regarding	1998
license renewal to each licensed optometrist who may be eligible	1999
for renewal but did not respond to the notice sent under division	2000
(C)(1) of this section. The notice shall be sent to the	2001
optometrist's most recent electronic mail or mailing address shown	2002
in the board's records. If an optometrist fails to file a renewal	2003
application after the second notice is sent, the board shall send	2004
a third notice regarding license renewal prior to any action under	2005
division (I) of this section to classify the optometrist's	2006
certificates as delinquent.	2007

(G) The failure of an optometrist to apply for license	2008
renewal or the failure to pay the applicable annual renewal fees	2009
on or before the date of expiration, shall automatically work a	2010
forfeiture of the optometrist's authority to practice optometry in	2011
this state.	2012

(H) The board shall accept renewal applications and renewal	2013
fees that are submitted from the first day of January to the last	2014
day of April of the year next succeeding the date of expiration.	2015
An individual who submits such a late renewal application or fee	2016
shall pay the late renewal fee specified in section 4725.34 of the	2017
Revised Code.	2018

(I)(1) If the certificates issued by the board to an	2019
individual have expired and the individual has not filed a	2020
complete application during the late renewal period, the	2021
individual's certificates shall be classified in the board's	2022
records as delinquent.	2023

(2) Any optometrist subject to delinquent classification may	2024
submit a written application to the board for reinstatement. For	2025
reinstatement to occur, the applicant must meet all of the	2026
following conditions:	2027

(a) Submit to the board evidence of compliance with board	2028
rules requiring continuing optometric education in a sufficient	2029
number of hours to make up for any delinquent compliance;	2030

(b) Pay the renewal fees for the year in which application	2031
for reinstatement is made and the reinstatement fee specified	2032
under division (A)(8) of section 4725.34 of the Revised Code;	2033

(c) Pass all or part of the licensing examination accepted by	2034
the board under section 4725.11 of the Revised Code as the board	2035
considers appropriate to determine whether the application for	2036
reinstatement should be approved;	2037

(d) If the applicant has been practicing optometry in another	2038
state or country, submit evidence that the applicant's license to	2039
practice optometry in the other state or country is in good	2040
standing.	2041

(3) The board shall approve an application for reinstatement	2042
if the conditions specified in division (I)(2) of this section are	2043
met. An optometrist who receives reinstatement is subject to the	2044
continuing education requirements specified under division (B) of	2045
this section for the year in which reinstatement occurs.	2046

Sec. 4725.19. (A) In accordance with Chapter 119. of the	2047
Revised Code and by an affirmative vote of a majority of its	2048
members, the state board of optometry, for any of the reasons	2049
specified in division (B) of this section, shall refuse to grant a	2050
certificate of licensure to an applicant and may, with respect to	2051
a licensed optometrist, do one or more of the following:	2052

(1) Suspend the operation of any certificate of licensure,	2053
topical ocular pharmaceutical agents certificate, or therapeutic	2054
pharmaceutical agents certificate, or all certificates granted by	2055
it to the optometrist;	2056

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

2057

(3) Limit or otherwise place restrictions on any or all of	2058
the certificates;	2059

(4) Reprimand the optometrist;

2060

(5) Impose a monetary penalty. If the reason for which the	2061
board is imposing the penalty involves a criminal offense that	2062
carries a fine under the Revised Code, the penalty shall not	2063
exceed the maximum fine that may be imposed for the criminal	2064
offense. In any other case, the penalty imposed by the board shall	2065
not exceed five hundred dollars.	2066

(6) Require the optometrist to take corrective action	2067
courses.	2068

The amount and content of corrective action courses shall be	2069
established by the board in rules adopted under section 4725.09 of	2070
the Revised Code.	2071

(B) The sanctions specified in division (A) of this section	2072
may be taken by the board for any of the following reasons:	2073

(1) Committing fraud in passing the licensing examination or	2074
making false or purposely misleading statements in an application	2075
for a certificate of licensure;	2076

(2) Being at any time guilty of immorality, regardless of the	2077
jurisdiction in which the act was committed;	2078

(3) Being guilty of dishonesty or unprofessional conduct in	2079
the practice of optometry;	2080

(4) Being at any time guilty of a felony, regardless of the	2081
jurisdiction in which the act was committed;	2082

(5) Being at any time guilty of a misdemeanor committed in	2083
the course of practice, regardless of the jurisdiction in which	2084
the act was committed;	2085

(6) Violating the conditions of any limitation or other	2086
restriction placed by the board on any certificate issued by the	2087
board;	2088

(7) Engaging in the practice of optometry as provided in	2089
division (A)(1), (2), or (3) of section 4725.01 of the Revised	2090
Code when the certificate authorizing that practice is under	2091
suspension, in which case the board shall permanently revoke the	2092
certificate;	2093

(8) Being denied a license to practice optometry in another	2094
state or country or being subject to any other sanction by the	2095
optometric licensing authority of another state or country, other	2096
than sanctions imposed for the nonpayment of fees;	2097

(9) Departing from or failing to conform to acceptable and	2098
prevailing standards of care in the practice of optometry as	2099
followed by similar practitioners under the same or similar	2100
circumstances, regardless of whether actual injury to a patient is	2101
established;	2102

(10) Failing to maintain comprehensive patient records;

2103

(11) Advertising a price of optical accessories, eye	2104
examinations, or other products or services by any means that	2105
would deceive or mislead the public;	2106

(12) Being addicted to the use of alcohol, stimulants,	2107
narcotics, or any other substance which impairs the intellect and	2108
judgment to such an extent as to hinder or diminish the	2109
performance of the duties included in the person's practice of	2110
optometry;	2111

(13) Engaging in the practice of optometry as provided in	2112
division (A)(2) or (3) of section 4725.01 of the Revised Code	2113
without authority to do so or, if authorized, in a manner	2114
inconsistent with the authority granted;	2115

(14) Failing to make a report to the board as required by	2116
division (A) of section 4725.21 or section 4725.31 of the Revised	2117
Code;	2118

(15) Soliciting patients from door to door or establishing	2119
temporary offices, in which case the board shall suspend all	2120
certificates held by the optometrist;	2121

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

2122

(a) Waiving the payment of all or any part of a deductible or	2123
copayment that a patient, pursuant to a health insurance or health	2124
care policy, contract, or plan that covers optometric services,	2125
would otherwise be required to pay if the waiver is used as an	2126
enticement to a patient or group of patients to receive health	2127
care services from that optometrist.	2128

(b) Advertising that the optometrist will waive the payment	2129
of all or any part of a deductible or copayment that a patient,	2130
pursuant to a health insurance or health care policy, contract, or	2131
plan that covers optometric services, would otherwise be required	2132
to pay.	2133

(17) Failing to comply with the requirements in section	2134
3719.061 of the Revised Code before issuing tofor a minor a	2135
prescription for ~~a controlled substance containing~~an analgesic	2136
controlled substance authorized pursuant to section 4725.091 of	2137
the Revised Code that is an opioid analgesic, as defined in	2138
section 3719.01 of the Revised Code.	2139

(C) Any person who is the holder of a certificate of	2140
licensure, or who is an applicant for a certificate of licensure	2141
against whom is preferred any charges, shall be furnished by the	2142
board with a copy of the complaint and shall have a hearing before	2143
the board in accordance with Chapter 119. of the Revised Code.	2144

(D) Sanctions shall not be imposed under division (B)(16) of	2145
this section against any optometrist who waives deductibles and	2146
copayments:	2147

(1) In compliance with the health benefit plan that expressly	2148
allows such a practice. Waiver of the deductibles or copayments	2149
shall be made only with the full knowledge and consent of the plan	2150
purchaser, payer, and third-party administrator. Documentation of	2151
the consent shall be made available to the board upon request.	2152

(2) For professional services rendered to any other	2153
optometrist licensed by the board, to the extent allowed by	2154
sections 4725.01 to 4725.34 of the Revised Code and the rules of	2155
the board.	2156

Sec. 4729.12. An identification card issued by the state	2157
board of pharmacy under section 4729.08 of the Revised Code	2158
entitles the individual to whom it is issued to practice as a	2159
pharmacist or as a pharmacy intern in this state until the next	2160
annual renewal date.	2161

Identification cards shall be renewed annually on the	2162
fifteenth day of September, according to the standard renewal	2163
procedure of Chapter 4745. of the Revised Code.	2164

Each pharmacist and pharmacy intern shall carry the	2165
identification card or renewal identification card while engaged	2166
in the practice of pharmacy. The license shall be conspicuously	2167
exposed at the principal place where the pharmacist or pharmacy	2168
intern practices pharmacy.	2169

A pharmacist or pharmacy intern who desires to continue in	2170
the practice of pharmacy shall file with the board an application	2171
in such form and containing such data as the board may require for	2172
renewal of an identification card. AnIn the case of a pharmacist	2173
who dispenses or plans to dispense controlled substances in this	2174
state, the pharmacist shall certify, as part of the application,	2175
that the pharmacist has been granted access to the drug database	2176
established and maintained by the board pursuant to section	2177
4729.75 of the Revised Code, unless the board has restricted the	2178
pharmacist from obtaining further information from the database or	2179
the board no longer maintains the database. If the pharmacist	2180
certifies to the board that the applicant has been granted access	2181
to the drug database and the board finds through an audit or other	2182
means that the pharmacist has not been granted access, the board	2183
may take action under section 4729.16 of the Revised Code.	2184

An application filed under this section for renewal of an	2185
identification card may not be withdrawn without the approval of	2186
the board. If	2187

If the board finds that ~~the~~an applicant's identification	2188
card has not been revoked or placed under suspension and that the	2189
applicant has paid the renewal fee, has continued pharmacy	2190
education in accordance with the rules of the board, ~~has been~~	2191
~~granted access to the drug database established and maintained by~~	2192
~~the board pursuant to section 4729.75 of the Revised Code (unless~~	2193
~~the board has restricted the applicant from obtaining any further~~	2194
~~information from the database or the board no longer maintains the~~	2195
~~database),~~ and is entitled to continue in the practice of	2196
pharmacy, the board shall issue a renewal identification card to	2197
the applicant.	2198

When an identification card has lapsed for more than sixty	2199
days but application is made within three years after the	2200
expiration of the card, the applicant shall be issued a renewal	2201
identification card without further examination if the applicant	2202
meets the requirements of this section and pays the fee designated	2203
under division (A)(5) of section 4729.15 of the Revised Code.	2204

Sec. 4729.16. (A) The state board of pharmacy, after notice	2205
and hearing in accordance with Chapter 119. of the Revised Code,	2206
may revoke, suspend, limit, place on probation, or refuse to grant	2207
or renew an identification card, or may impose a monetary penalty	2208
or forfeiture not to exceed in severity any fine designated under	2209
the Revised Code for a similar offense, or in the case of a	2210
violation of a section of the Revised Code that does not bear a	2211
penalty, a monetary penalty or forfeiture of not more than five	2212
hundred dollars, if the board finds a pharmacist or pharmacy	2213
intern:	2214

(1) Guilty of a felony or gross immorality;

2215

(2) Guilty of dishonesty or unprofessional conduct in the	2216
practice of pharmacy;	2217

(3) Addicted to or abusing ~~liquor~~alcohol or drugs or	2218
impaired physically or mentally to such a degree as to render the	2219
pharmacist or pharmacy intern unfit to practice pharmacy;	2220

(4) Has been convicted of a misdemeanor related to, or	2221
committed in, the practice of pharmacy;	2222

(5) Guilty of willfully violating, conspiring to violate,	2223
attempting to violate, or aiding and abetting the violation of any	2224
of the provisions of this chapter, sections 3715.52 to 3715.72 of	2225
the Revised Code, Chapter 2925. or 3719. of the Revised Code, or	2226
any rule adopted by the board under those provisions;	2227

(6) Guilty of permitting anyone other than a pharmacist or	2228
pharmacy intern to practice pharmacy;	2229

(7) Guilty of knowingly lending the pharmacist's or pharmacy	2230
intern's name to an illegal practitioner of pharmacy or having	2231
professional connection with an illegal practitioner of pharmacy;	2232

(8) Guilty of dividing or agreeing to divide remuneration	2233
made in the practice of pharmacy with any other individual,	2234
including, but not limited to, any licensed health professional	2235
authorized to prescribe drugs or any owner, manager, or employee	2236
of a health care facility, residential care facility, or nursing	2237
home;	2238

(9) Has violated the terms of a consult agreement entered	2239
into pursuant to section 4729.39 of the Revised Code;	2240

(10) Has committed fraud, misrepresentation, or deception in	2241
applying for or securing a license or identification card issued	2242
by the board under this chapter or under Chapter 3715. or 3719. of	2243
the Revised Code.	2244

(B) Any individual whose identification card is revoked,	2245
suspended, or refused, shall return the identification card and	2246
license to the offices of the state board of pharmacy within ten	2247
days after receipt of notice of such action.	2248

(C) As used in this section:

2249

"Unprofessional conduct in the practice of pharmacy" includes	2250
any of the following:	2251

(1) Advertising or displaying signs that promote dangerous	2252
drugs to the public in a manner that is false or misleading;	2253

(2) Except as provided in section 4729.281 of the Revised	2254
Code, the sale of any drug for which a prescription is required,	2255
without having received a prescription for the drug;	2256

(3) Knowingly dispensing medication pursuant to false or	2257
forged prescriptions;	2258

(4) Knowingly failing to maintain complete and accurate	2259
records of all dangerous drugs received or dispensed in compliance	2260
with federal laws and regulations and state laws and rules;	2261

(5) Obtaining any remuneration by fraud, misrepresentation,	2262
or deception.	2263

(D) The board may suspend a license or identification card	2264
under division (B) of section 3719.121 of the Revised Code by	2265
utilizing a telephone conference call to review the allegations	2266
and take a vote.	2267

(E) If, pursuant to an adjudication under Chapter 119. of the	2268
Revised Code, the board has reasonable cause to believe that a	2269
pharmacist or pharmacy intern is physically or mentally impaired,	2270
the board may require the pharmacist or pharmacy intern to submit	2271
to a physical or mental examination, or both.	2272

Sec. 4729.18. The state board of pharmacy shall adopt rules	2273
in accordance with Chapter 119. of the Revised Code establishing	2274
standards for approving and designating physicians and facilities	2275
as treatment providers for pharmacists with substance abuse	2276
problems and shall approve and designate treatment providers in	2277
accordance with the rules. The rules shall include standards for	2278
both inpatient and outpatient treatment. The rules shall provide	2279
that to be approved, a treatment provider must be capable of	2280
making an initial examination to determine the type of treatment	2281
required for a pharmacist with substance abuse problems. Subject	2282
to the rules, the board shall review and approve treatment	2283
providers on a regular basis and may, at its discretion, withdraw	2284
or deny approval.	2285

An approved treatment provider shall:

2286

(A) Report to the board the name of any pharmacist suffering	2287
or showing evidence of suffering impairment by reason of being	2288
addicted to or abusing ~~liquor~~alcohol or drugs as described in	2289
division (A)(3) of section 4729.16 of the Revised Code who fails	2290
to comply within one week with a referral for examination;	2291

(B) Report to the board the name of any impaired pharmacist	2292
who fails to enter treatment within forty-eight hours following	2293
the provider's determination that the pharmacist needs treatment;	2294

(C) Require every pharmacist who enters treatment to agree to	2295
a treatment contract establishing the terms of treatment and	2296
aftercare, including any required supervision or restrictions of	2297
practice during treatment or aftercare;	2298

(D) Require a pharmacist to suspend practice on entering any	2299
required inpatient treatment;	2300

(E) Report to the board any failure by an impaired pharmacist	2301
to comply with the terms of the treatment contract during	2302
inpatient or outpatient treatment or aftercare;	2303

(F) Report to the board the resumption of practice of any	2304
impaired pharmacist before the treatment provider has made a clear	2305
determination that the pharmacist is capable of practicing	2306
according to acceptable and prevailing standards;	2307

(G) Require a pharmacist who resumes practice after	2308
completion of treatment to comply with an aftercare contract that	2309
meets the requirements of rules adopted by the board for approval	2310
of treatment providers;	2311

(H) Report to the board any pharmacist who suffers a relapse	2312
at any time during or following aftercare.	2313

Any pharmacist who enters into treatment by an approved	2314
treatment provider shall be deemed to have waived any	2315
confidentiality requirements that would otherwise prevent the	2316
treatment provider from making reports required under this	2317
section.	2318

In the absence of fraud or bad faith, no professional	2319
association of pharmacists licensed under this chapter that	2320
sponsors a committee or program to provide peer assistance to	2321
pharmacists with substance abuse problems, no representative or	2322
agent of such a committee or program, and no member of the state	2323
board of pharmacy shall be liable to any person for damages in a	2324
civil action by reason of actions taken to refer a pharmacist to a	2325
treatment provider designated by the board or actions or omissions	2326
of the provider in treating a pharmacist.	2327

In the absence of fraud or bad faith, no person who reports	2328
to the board a pharmacist with a suspected substance abuse problem	2329
shall be liable to any person for damages in a civil action as a	2330
result of the report.	2331

Sec. 4729.41. (A)(1) A pharmacist licensed under this chapter	2332
who meets the requirements of division (B) of this section, and a	2333
pharmacy intern licensed under this chapter who meets the	2334
requirements of division (B) of this section and is working under	2335
the direct supervision of a pharmacist who meets the requirements	2336
of that division, may do any of the following:	2337

(a) Administer immunizations for influenza to individuals	2338
~~fourteen~~who are seven years of age or older;	2339

(b) ~~Administer immunizations~~Only pursuant to a prescription,	2340
administer to individuals ~~eighteen~~who are seven years of age or	2341
older ~~for~~but not more than thirteen years of age any of the	2342
~~following:~~	2343

~~(i) Pneumonia;~~

2344

~~(ii) Tetanus;~~

2345

~~(iii) Hepatitis A;~~

2346

~~(iv) Hepatitis B;~~

2347

~~(v) Meningitis;~~

2348

~~(vi) Diphtheria;~~

2349

~~(vii) Pertussis.~~immunizations included in division (A)(2) of	2350
this section;	2351

(c) Administer to individuals ~~eighteen~~who are thirteen years	2352
of age or older any ~~other immunization listed~~of the	2353
immunizations included in ~~the rule~~division (A)(2) of this	2354
section.	2355

(2) A pharmacist or pharmacy intern may administer in	2356
accordance with divisions (A)(1)(b) and (c) of this section either	2357
of the following:	2358

(a) Any immunization that on the effective date of this	2359
amendment is included in either of the following immunization	2360
schedules recommended by the advisory committee on immunization	2361
practices of the centers for disease control and prevention in the	2362
United States department of health and human services:	2363

(i) The recommended immunization schedule for persons aged	2364
zero through eighteen years;	2365

(ii) The recommended adult immunization schedule.

2366

(b) Any other immunization specified in rules adopted under	2367
division (E)(1)(d) of this section.	2368

~~(2) A pharmacy intern licensed under this chapter who meets~~	2369
~~the requirements of division (B) of this section and is working~~	2370
~~under the direct supervision of a pharmacist who meets the~~	2371
~~requirements of that division may administer immunizations for~~	2372
~~influenza to individuals eighteen years of age or older.~~	2373

(3) As part of engaging in the administration of	2374
immunizations or supervising a pharmacy intern's administration of	2375
immunizations, a pharmacist may administer epinephrine or	2376
diphenhydramine, or both, to individuals in emergency situations	2377
resulting from adverse reactions to the immunizations administered	2378
by the pharmacist or pharmacy intern.	2379

(B) For a pharmacist or pharmacy intern to be authorized to	2380
engage in the administration of immunizations ~~as specified in~~	2381
pursuant to division (A) of this section, the pharmacist or	2382
pharmacy intern shall do all of the following:	2383

(1) Successfully complete a course in the administration of	2384
immunizations that has been approved by the state board of	2385
pharmacy as meeting the standards established for such courses by	2386
the centers for disease control and prevention ~~in the public~~	2387
~~health service of the United States department of health and human~~	2388
~~services~~;	2389

(2) Receive and maintain certification to perform basic	2390
life-support procedures by successfully completing a basic	2391
life-support training course certified by the American red cross	2392
or American heart association;	2393

(3) Practice in accordance with a definitive set of treatment	2394
guidelines specified in a protocol established by a physician and	2395
approved by the state board of pharmacy.	2396

(C) The protocol required by division (B)(3) of this section	2397
shall include provisions for implementation of the following	2398
requirements:	2399

(1) The pharmacist or pharmacy intern who administers an	2400
immunization shall observe the individual who receives the	2401
immunization to determine whether the individual has an adverse	2402
reaction to the immunization. The length of time and location of	2403
the observation shall comply with the standards specified in rules	2404
adopted by the state board of pharmacy under division (E) of this	2405
section for the approval of protocols. The protocol shall specify	2406
procedures to be followed by a pharmacist when administering	2407
epinephrine, diphenhydramine, or both, to an individual who has an	2408
adverse reaction to an immunization administered by the pharmacist	2409
or a pharmacy intern.	2410

(2) For each immunization administered to an individual by a	2411
pharmacist or pharmacy intern, other than an immunization for	2412
influenza administered to an individual eighteen years of age or	2413
older, the pharmacist or pharmacy intern shall notify the	2414
individual's family physician or, if the individual has no family	2415
physician, the board of health of the health district in which the	2416
individual resides or the authority having the duties of a board	2417
of health for that district under section 3709.05 of the Revised	2418
Code. The notice shall be given not later than thirty days after	2419
the immunization is administered.	2420

(3) For each immunization ~~for influenza~~ administered by a	2421
pharmacist or pharmacy intern to an individual ~~who is fourteen~~	2422
~~years of age or older but~~ younger than eighteen years of age	2423
pursuant to division (A)(1) of this section, the pharmacist or a	2424
pharmacy intern shall obtain permission from the individual's	2425
parent or legal guardian in accordance with the procedures	2426
specified in rules adopted under division (E) of this section.	2427

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

2428

(a) Engage in the administration of immunizations unless the	2429
requirements of division (B) of this section have been met;	2430

(b) Delegate to any person the pharmacist's authority to	2431
engage in or supervise the administration of immunizations.	2432

(2) No pharmacy intern shall engage in the administration of	2433
immunizations ~~for influenza~~ unless the requirements of division	2434
(B) of this section have been met.	2435

(E)(1) The state board of pharmacy shall adopt rules to	2436
implement this section. The rules shall be adopted in accordance	2437
with Chapter 119. of the Revised Code and shall include the	2438
following:	2439

(a) Provisions for approval of courses in administration of	2440
immunizations;	2441

(b) Provisions for approval of protocols to be followed by	2442
pharmacists and pharmacy interns in engaging in the administration	2443
of immunizations, including protocols that contain provisions	2444
specifying the locations at which a pharmacist or pharmacy intern	2445
may engage in the administration of immunizations;	2446

(c) Procedures to be followed by pharmacists and pharmacy	2447
interns in obtaining from the individual's parent or legal	2448
guardian permission to administer ~~influenza~~ immunizations to an	2449
individual younger than eighteen years of age pursuant to division	2450
(A)(1)~~(a)~~ of this section;	2451

(d) ~~A list of~~Provisions specifying any immunizations that	2452
may be administered under division (A)~~(1)(c)~~(2)(b) of this	2453
section.	2454

(2) Prior to adopting rules regarding approval of protocols	2455
to be followed by pharmacists and pharmacy interns in engaging in	2456
the administration of immunizations, the state board of pharmacy	2457
shall consult with the state medical board and the board of	2458
nursing.	2459

(3) Prior to adopting ~~a rule listing~~rules specifying any	2460
immunizations that may be administered under division	2461
(A)~~(1)(c)~~(2)(b) of this section, the state board of pharmacy shall	2462
consult with the state medical board.	2463

(F) In addition to the rules it adopts under division (E) of	2464
this section, the board may adopt rules that change the	2465
immunizations authorized by division (A)(2)(a) of this section to	2466
reflect changes in the recommendations of the advisory committee	2467
on immunization practices. The rules shall be adopted in	2468
accordance with Chapter 119 of the Revised Code.	2469

Sec. 4729.85. ~~(A)~~ If the state board of pharmacy establishes	2470
and maintains a drug database pursuant to section 4729.75 of the	2471
Revised Code, the board shall prepare reports regarding the	2472
database and present or submit them in accordance with both of the	2473
following:	2474

(A) The board shall present a biennial report to the standing	2475
committees of the house of representatives and the senate that are	2476
primarily responsible for considering health and human services	2477
issues. ~~The initial report shall be presented not later than two~~	2478
~~years after the database is established.~~	2479

~~(B)~~ Each report ~~presented under this section~~ shall include	2480
all of the following:	2481

(1) The cost to the state of establishing and maintaining the	2482
database;	2483

(2) Information from terminal distributors of dangerous	2484
drugs, prescribers, and the board regarding the board's	2485
effectiveness in providing information from the database;	2486

(3) The board's timeliness in transmitting information from	2487
the database.	2488

(B) The board shall submit a semiannual report to the	2489
governor, the president of the senate, the speaker of the house of	2490
representatives, the attorney general, the chairpersons of the	2491
standing committees of the house of representatives and the senate	2492
that are primarily responsible for considering health and human	2493
services issues, the department of public safety, the state dental	2494
board, the board of nursing, the state board of optometry, the	2495
state medical board, and the state veterinary medical licensing	2496
board. The state board of pharmacy shall make the report available	2497
to the public on its internet web site. Each report submitted	2498
shall include all of the following for the period covered by the	2499
report:	2500

(1) An aggregate of the information submitted to the board	2501
under section 4729.77 of the Revised Code regarding prescriptions	2502
for controlled substances containing opioids, including all of the	2503
following:	2504

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

2505

(b) The number of patients to whom the controlled substances	2506
were dispensed;	2507

(c) The average quantity of the controlled substances	2508
dispensed per prescription;	2509

(d) The average daily morphine equivalent dose of the	2510
controlled substances dispensed per prescription.	2511

(2) An aggregate of the information submitted to the board	2512
under section 4729.79 of the Revised Code regarding controlled	2513
substances containing opioids that have been personally furnished	2514
to a patient by a prescriber, other than a prescriber who is a	2515
veterinarian, including all of the following:	2516

(a) The number of prescribers who personally furnished the	2517
controlled substances;	2518

(b) The number of patients to whom the controlled substances	2519
were personally furnished;	2520

(c) The average quantity of the controlled substances that	2521
were furnished at one time;	2522

(d) The average daily morphine equivalent dose of the	2523
controlled substances that were furnished at one time.	2524

Sec. 4729.86. If the state board of pharmacy establishes and	2525
maintains a drug database pursuant to section 4729.75 of the	2526
Revised Code, all of the following apply:	2527

(A)(1) No person identified in divisions (A)(1) to (12) or	2528
(B) of section 4729.80 of the Revised Code shall disseminate any	2529
written or electronic information the person receives from the	2530
drug database or otherwise provide another person access to the	2531
information that the person receives from the database, except as	2532
follows:	2533

(a) When necessary in the investigation or prosecution of a	2534
possible or alleged criminal offense;	2535

(b) When a person provides the information to the prescriber	2536
or pharmacist for whom the person is approved by the board to	2537
serve as a delegate of the prescriber or pharmacist for purposes	2538
of requesting and receiving information from the drug database	2539
under division (A)(5) or (6) of section 4729.80 of the Revised	2540
Code;	2541

(c) When a prescriber or pharmacist provides the information	2542
to a person who is approved by the board to serve as such a	2543
delegate of the prescriber or pharmacist;	2544

(d) When a prescriber or pharmacist provides the information	2545
to a patient or patient's personal representative;	2546

(e) When a prescriber or pharmacist includes the information	2547
in a medical record, as defined in section 3701.74 of the Revised	2548
Code.	2549

(2) No person shall provide false information to the state	2550
board of pharmacy with the intent to obtain or alter information	2551
contained in the drug database.	2552

(3) No person shall obtain drug database information by any	2553
means except as provided under section 4729.80 or 4729.81 of the	2554
Revised Code.	2555

(B) A person shall not use information obtained pursuant to	2556
division (A) of section 4729.80 of the Revised Code as evidence in	2557
any civil or administrative proceeding.	2558

(C)(1) Except as provided in division (C)(2) of this section,	2559
after providing notice and affording an opportunity for a hearing	2560
in accordance with Chapter 119. of the Revised Code, the board may	2561
restrict a person from obtaining further information from the drug	2562
database if any of the following is the case:	2563

(a) The person violates division (A)(1), (2), or (3) of this	2564
section;	2565

(b) The person is a requestor identified in division (A)(13)	2566
of section 4729.80 of the Revised Code and the board determines	2567
that the person's actions in another state would have constituted	2568
a violation of division (A)(1), (2), or (3) of this section;	2569

(c) The person fails to comply with division (B) of this	2570
section, regardless of the jurisdiction in which the failure to	2571
comply occurred;	2572

(d) The person creates, by clear and convincing evidence, a	2573
threat to the security of information contained in the database.	2574

(2) If the board determines that allegations regarding a	2575
person's actions warrant restricting the person from obtaining	2576
further information from the drug database without a prior	2577
hearing, the board may summarily impose the restriction. A	2578
telephone conference call may be used for reviewing the	2579
allegations and taking a vote on the summary restriction. The	2580
summary restriction shall remain in effect, unless removed by the	2581
board, until the board's final adjudication order becomes	2582
effective.	2583

(3) The board shall determine the extent to which the person	2584
is restricted from obtaining further information from the	2585
database.	2586

Sec. 4730.25. (A) The state medical board, by an affirmative	2587
vote of not fewer than six members, may revoke or may refuse to	2588
grant a certificate to practice as a physician assistant or a	2589
certificate to prescribe to a person found by the board to have	2590
committed fraud, misrepresentation, or deception in applying for	2591
or securing the certificate.	2592

(B) The board, by an affirmative vote of not fewer than six	2593
members, shall, to the extent permitted by law, limit, revoke, or	2594
suspend an individual's certificate to practice as a physician	2595
assistant or certificate to prescribe, refuse to issue a	2596
certificate to an applicant, refuse to reinstate a certificate, or	2597
reprimand or place on probation the holder of a certificate for	2598
any of the following reasons:	2599

(1) Failure to practice in accordance with the conditions	2600
under which the supervising physician's supervision agreement with	2601
the physician assistant was approved, including the requirement	2602
that when practicing under a particular supervising physician, the	2603
physician assistant must practice only according to the physician	2604
supervisory plan the board approved for that physician or the	2605
policies of the health care facility in which the supervising	2606
physician and physician assistant are practicing;	2607

(2) Failure to comply with the requirements of this chapter,	2608
Chapter 4731. of the Revised Code, or any rules adopted by the	2609
board;	2610

(3) Violating or attempting to violate, directly or	2611
indirectly, or assisting in or abetting the violation of, or	2612
conspiring to violate, any provision of this chapter, Chapter	2613
4731. of the Revised Code, or the rules adopted by the board;	2614

(4) Inability to practice according to acceptable and	2615
prevailing standards of care by reason of mental illness or	2616
physical illness, including physical deterioration that adversely	2617
affects cognitive, motor, or perceptive skills;	2618

(5) Impairment of ability to practice according to acceptable	2619
and prevailing standards of care because of habitual or excessive	2620
use or abuse of drugs, alcohol, or other substances that impair	2621
ability to practice;	2622

(6) Administering drugs for purposes other than those	2623
authorized under this chapter;	2624

(7) Willfully betraying a professional confidence;

2625

(8) Making a false, fraudulent, deceptive, or misleading	2626
statement in soliciting or advertising for employment as a	2627
physician assistant; in connection with any solicitation or	2628
advertisement for patients; in relation to the practice of	2629
medicine as it pertains to physician assistants; or in securing or	2630
attempting to secure a certificate to practice as a physician	2631
assistant, a certificate to prescribe, or approval of a	2632
supervision agreement.	2633

As used in this division, "false, fraudulent, deceptive, or	2634
misleading statement" means a statement that includes a	2635
misrepresentation of fact, is likely to mislead or deceive because	2636
of a failure to disclose material facts, is intended or is likely	2637
to create false or unjustified expectations of favorable results,	2638
or includes representations or implications that in reasonable	2639
probability will cause an ordinarily prudent person to	2640
misunderstand or be deceived.	2641

(9) Representing, with the purpose of obtaining compensation	2642
or other advantage personally or for any other person, that an	2643
incurable disease or injury, or other incurable condition, can be	2644
permanently cured;	2645

(10) The obtaining of, or attempting to obtain, money or	2646
anything of value by fraudulent misrepresentations in the course	2647
of practice;	2648

(11) A plea of guilty to, a judicial finding of guilt of, or	2649
a judicial finding of eligibility for intervention in lieu of	2650
conviction for, a felony;	2651

(12) Commission of an act that constitutes a felony in this	2652
state, regardless of the jurisdiction in which the act was	2653
committed;	2654

(13) A plea of guilty to, a judicial finding of guilt of, or	2655
a judicial finding of eligibility for intervention in lieu of	2656
conviction for, a misdemeanor committed in the course of practice;	2657

(14) A plea of guilty to, a judicial finding of guilt of, or	2658
a judicial finding of eligibility for intervention in lieu of	2659
conviction for, a misdemeanor involving moral turpitude;	2660

(15) Commission of an act in the course of practice that	2661
constitutes a misdemeanor in this state, regardless of the	2662
jurisdiction in which the act was committed;	2663

(16) Commission of an act involving moral turpitude that	2664
constitutes a misdemeanor in this state, regardless of the	2665
jurisdiction in which the act was committed;	2666

(17) A plea of guilty to, a judicial finding of guilt of, or	2667
a judicial finding of eligibility for intervention in lieu of	2668
conviction for violating any state or federal law regulating the	2669
possession, distribution, or use of any drug, including	2670
trafficking in drugs;	2671

(18) Any of the following actions taken by the state agency	2672
responsible for regulating the practice of physician assistants in	2673
another state, for any reason other than the nonpayment of fees:	2674
the limitation, revocation, or suspension of an individual's	2675
license to practice; acceptance of an individual's license	2676
surrender; denial of a license; refusal to renew or reinstate a	2677
license; imposition of probation; or issuance of an order of	2678
censure or other reprimand;	2679

(19) A departure from, or failure to conform to, minimal	2680
standards of care of similar physician assistants under the same	2681
or similar circumstances, regardless of whether actual injury to a	2682
patient is established;	2683

(20) Violation of the conditions placed by the board on a	2684
certificate to practice as a physician assistant, a certificate to	2685
prescribe, a physician supervisory plan, or supervision agreement;	2686

(21) Failure to use universal blood and body fluid	2687
precautions established by rules adopted under section 4731.051 of	2688
the Revised Code;	2689

(22) Failure to cooperate in an investigation conducted by	2690
the board under section 4730.26 of the Revised Code, including	2691
failure to comply with a subpoena or order issued by the board or	2692
failure to answer truthfully a question presented by the board at	2693
a deposition or in written interrogatories, except that failure to	2694
cooperate with an investigation shall not constitute grounds for	2695
discipline under this section if a court of competent jurisdiction	2696
has issued an order that either quashes a subpoena or permits the	2697
individual to withhold the testimony or evidence in issue;	2698

(23) Assisting suicide, as defined in section 3795.01 of the	2699
Revised Code;	2700

(24) Prescribing any drug or device to perform or induce an	2701
abortion, or otherwise performing or inducing an abortion;	2702

(25) Failure to comply with the requirements in section	2703
3719.061 of the Revised Code before issuing tofor a minor a	2704
prescription for ~~a controlled substance containing~~ an opioid	2705
analgesic, as defined in section 3719.01 of the Revised Code.	2706

(C) Disciplinary actions taken by the board under divisions	2707
(A) and (B) of this section shall be taken pursuant to an	2708
adjudication under Chapter 119. of the Revised Code, except that	2709
in lieu of an adjudication, the board may enter into a consent	2710
agreement with a physician assistant or applicant to resolve an	2711
allegation of a violation of this chapter or any rule adopted	2712
under it. A consent agreement, when ratified by an affirmative	2713
vote of not fewer than six members of the board, shall constitute	2714
the findings and order of the board with respect to the matter	2715
addressed in the agreement. If the board refuses to ratify a	2716
consent agreement, the admissions and findings contained in the	2717
consent agreement shall be of no force or effect.	2718

(D) For purposes of divisions (B)(12), (15), and (16) of this	2719
section, the commission of the act may be established by a finding	2720
by the board, pursuant to an adjudication under Chapter 119. of	2721
the Revised Code, that the applicant or certificate holder	2722
committed the act in question. The board shall have no	2723
jurisdiction under these divisions in cases where the trial court	2724
renders a final judgment in the certificate holder's favor and	2725
that judgment is based upon an adjudication on the merits. The	2726
board shall have jurisdiction under these divisions in cases where	2727
the trial court issues an order of dismissal upon technical or	2728
procedural grounds.	2729

(E) The sealing of conviction records by any court shall have	2730
no effect upon a prior board order entered under the provisions of	2731
this section or upon the board's jurisdiction to take action under	2732
the provisions of this section if, based upon a plea of guilty, a	2733
judicial finding of guilt, or a judicial finding of eligibility	2734
for intervention in lieu of conviction, the board issued a notice	2735
of opportunity for a hearing prior to the court's order to seal	2736
the records. The board shall not be required to seal, destroy,	2737
redact, or otherwise modify its records to reflect the court's	2738
sealing of conviction records.	2739

(F) For purposes of this division, any individual who holds a	2740
certificate issued under this chapter, or applies for a	2741
certificate issued under this chapter, shall be deemed to have	2742
given consent to submit to a mental or physical examination when	2743
directed to do so in writing by the board and to have waived all	2744
objections to the admissibility of testimony or examination	2745
reports that constitute a privileged communication.	2746

(1) In enforcing division (B)(4) of this section, the board,	2747
upon a showing of a possible violation, may compel any individual	2748
who holds a certificate issued under this chapter or who has	2749
applied for a certificate pursuant to this chapter to submit to a	2750
mental examination, physical examination, including an HIV test,	2751
or both a mental and physical examination. The expense of the	2752
examination is the responsibility of the individual compelled to	2753
be examined. Failure to submit to a mental or physical examination	2754
or consent to an HIV test ordered by the board constitutes an	2755
admission of the allegations against the individual unless the	2756
failure is due to circumstances beyond the individual's control,	2757
and a default and final order may be entered without the taking of	2758
testimony or presentation of evidence. If the board finds a	2759
physician assistant unable to practice because of the reasons set	2760
forth in division (B)(4) of this section, the board shall require	2761
the physician assistant to submit to care, counseling, or	2762
treatment by physicians approved or designated by the board, as a	2763
condition for an initial, continued, reinstated, or renewed	2764
certificate. An individual affected under this division shall be	2765
afforded an opportunity to demonstrate to the board the ability to	2766
resume practicing in compliance with acceptable and prevailing	2767
standards of care.	2768

(2) For purposes of division (B)(5) of this section, if the	2769
board has reason to believe that any individual who holds a	2770
certificate issued under this chapter or any applicant for a	2771
certificate suffers such impairment, the board may compel the	2772
individual to submit to a mental or physical examination, or both.	2773
The expense of the examination is the responsibility of the	2774
individual compelled to be examined. Any mental or physical	2775
examination required under this division shall be undertaken by a	2776
treatment provider or physician qualified to conduct such	2777
examination and chosen by the board.	2778

Failure to submit to a mental or physical examination ordered	2779
by the board constitutes an admission of the allegations against	2780
the individual unless the failure is due to circumstances beyond	2781
the individual's control, and a default and final order may be	2782
entered without the taking of testimony or presentation of	2783
evidence. If the board determines that the individual's ability to	2784
practice is impaired, the board shall suspend the individual's	2785
certificate or deny the individual's application and shall require	2786
the individual, as a condition for initial, continued, reinstated,	2787
or renewed certification to practice or prescribe, to submit to	2788
treatment.	2789

Before being eligible to apply for reinstatement of a	2790
certificate suspended under this division, the physician assistant	2791
shall demonstrate to the board the ability to resume practice or	2792
prescribing in compliance with acceptable and prevailing standards	2793
of care. The demonstration shall include the following:	2794

(a) Certification from a treatment provider approved under	2795
section 4731.25 of the Revised Code that the individual has	2796
successfully completed any required inpatient treatment;	2797

(b) Evidence of continuing full compliance with an aftercare	2798
contract or consent agreement;	2799

(c) Two written reports indicating that the individual's	2800
ability to practice has been assessed and that the individual has	2801
been found capable of practicing according to acceptable and	2802
prevailing standards of care. The reports shall be made by	2803
individuals or providers approved by the board for making such	2804
assessments and shall describe the basis for their determination.	2805

The board may reinstate a certificate suspended under this	2806
division after such demonstration and after the individual has	2807
entered into a written consent agreement.	2808

When the impaired physician assistant resumes practice or	2809
prescribing, the board shall require continued monitoring of the	2810
physician assistant. The monitoring shall include compliance with	2811
the written consent agreement entered into before reinstatement or	2812
with conditions imposed by board order after a hearing, and, upon	2813
termination of the consent agreement, submission to the board for	2814
at least two years of annual written progress reports made under	2815
penalty of falsification stating whether the physician assistant	2816
has maintained sobriety.	2817

(G) If the secretary and supervising member determine that	2818
there is clear and convincing evidence that a physician assistant	2819
has violated division (B) of this section and that the	2820
individual's continued practice or prescribing presents a danger	2821
of immediate and serious harm to the public, they may recommend	2822
that the board suspend the individual's certificate to practice or	2823
prescribe without a prior hearing. Written allegations shall be	2824
prepared for consideration by the board.	2825

The board, upon review of those allegations and by an	2826
affirmative vote of not fewer than six of its members, excluding	2827
the secretary and supervising member, may suspend a certificate	2828
without a prior hearing. A telephone conference call may be	2829
utilized for reviewing the allegations and taking the vote on the	2830
summary suspension.	2831

The board shall issue a written order of suspension by	2832
certified mail or in person in accordance with section 119.07 of	2833
the Revised Code. The order shall not be subject to suspension by	2834
the court during pendency of any appeal filed under section 119.12	2835
of the Revised Code. If the physician assistant requests an	2836
adjudicatory hearing by the board, the date set for the hearing	2837
shall be within fifteen days, but not earlier than seven days,	2838
after the physician assistant requests the hearing, unless	2839
otherwise agreed to by both the board and the certificate holder.	2840

A summary suspension imposed under this division shall remain	2841
in effect, unless reversed on appeal, until a final adjudicative	2842
order issued by the board pursuant to this section and Chapter	2843
119. of the Revised Code becomes effective. The board shall issue	2844
its final adjudicative order within sixty days after completion of	2845
its hearing. Failure to issue the order within sixty days shall	2846
result in dissolution of the summary suspension order, but shall	2847
not invalidate any subsequent, final adjudicative order.	2848

(H) If the board takes action under division (B)(11), (13),	2849
or (14) of this section, and the judicial finding of guilt, guilty	2850
plea, or judicial finding of eligibility for intervention in lieu	2851
of conviction is overturned on appeal, upon exhaustion of the	2852
criminal appeal, a petition for reconsideration of the order may	2853
be filed with the board along with appropriate court documents.	2854
Upon receipt of a petition and supporting court documents, the	2855
board shall reinstate the certificate to practice or prescribe.	2856
The board may then hold an adjudication under Chapter 119. of the	2857
Revised Code to determine whether the individual committed the act	2858
in question. Notice of opportunity for hearing shall be given in	2859
accordance with Chapter 119. of the Revised Code. If the board	2860
finds, pursuant to an adjudication held under this division, that	2861
the individual committed the act, or if no hearing is requested,	2862
it may order any of the sanctions identified under division (B) of	2863
this section.	2864

(I) The certificate to practice issued to a physician	2865
assistant and the physician assistant's practice in this state are	2866
automatically suspended as of the date the physician assistant	2867
pleads guilty to, is found by a judge or jury to be guilty of, or	2868
is subject to a judicial finding of eligibility for intervention	2869
in lieu of conviction in this state or treatment or intervention	2870
in lieu of conviction in another state for any of the following	2871
criminal offenses in this state or a substantially equivalent	2872
criminal offense in another jurisdiction: aggravated murder,	2873
murder, voluntary manslaughter, felonious assault, kidnapping,	2874
rape, sexual battery, gross sexual imposition, aggravated arson,	2875
aggravated robbery, or aggravated burglary. Continued practice	2876
after the suspension shall be considered practicing without a	2877
certificate.	2878

The board shall notify the individual subject to the	2879
suspension by certified mail or in person in accordance with	2880
section 119.07 of the Revised Code. If an individual whose	2881
certificate is suspended under this division fails to make a	2882
timely request for an adjudication under Chapter 119. of the	2883
Revised Code, the board shall enter a final order permanently	2884
revoking the individual's certificate to practice.	2885

(J) In any instance in which the board is required by Chapter	2886
119. of the Revised Code to give notice of opportunity for hearing	2887
and the individual subject to the notice does not timely request a	2888
hearing in accordance with section 119.07 of the Revised Code, the	2889
board is not required to hold a hearing, but may adopt, by an	2890
affirmative vote of not fewer than six of its members, a final	2891
order that contains the board's findings. In that final order, the	2892
board may order any of the sanctions identified under division (A)	2893
or (B) of this section.	2894

(K) Any action taken by the board under division (B) of this	2895
section resulting in a suspension shall be accompanied by a	2896
written statement of the conditions under which the physician	2897
assistant's certificate may be reinstated. The board shall adopt	2898
rules in accordance with Chapter 119. of the Revised Code	2899
governing conditions to be imposed for reinstatement.	2900
Reinstatement of a certificate suspended pursuant to division (B)	2901
of this section requires an affirmative vote of not fewer than six	2902
members of the board.	2903

(L) When the board refuses to grant to an applicant a	2904
certificate to practice as a physician assistant or a certificate	2905
to prescribe, revokes an individual's certificate, refuses to	2906
issue a certificate, or refuses to reinstate an individual's	2907
certificate, the board may specify that its action is permanent.	2908
An individual subject to a permanent action taken by the board is	2909
forever thereafter ineligible to hold the certificate and the	2910
board shall not accept an application for reinstatement of the	2911
certificate or for issuance of a new certificate.	2912

(M) Notwithstanding any other provision of the Revised Code,	2913
all of the following apply:	2914

(1) The surrender of a certificate issued under this chapter	2915
is not effective unless or until accepted by the board.	2916
Reinstatement of a certificate surrendered to the board requires	2917
an affirmative vote of not fewer than six members of the board.	2918

(2) An application made under this chapter for a certificate,	2919
approval of a physician supervisory plan, or approval of a	2920
supervision agreement may not be withdrawn without approval of the	2921
board.	2922

(3) Failure by an individual to renew a certificate in	2923
accordance with section 4730.14 or section 4730.48 of the Revised	2924
Code shall not remove or limit the board's jurisdiction to take	2925
disciplinary action under this section against the individual.	2926

Sec. 4730.41. (A) A certificate to prescribe issued under	2927
this chapter authorizes a physician assistant to prescribe and	2928
personally furnish drugs and therapeutic devices in the exercise	2929
of physician-delegated prescriptive authority.	2930

(B) In exercising physician-delegated prescriptive authority,	2931
a physician assistant is subject to all of the following:	2932

(1) The physician assistant shall exercise	2933
physician-delegated prescriptive authority only to the extent that	2934
the physician supervising the physician assistant has granted that	2935
authority.	2936

(2) The physician assistant shall comply with all conditions	2937
placed on the physician-delegated prescriptive authority, as	2938
specified by the supervising physician who is supervising the	2939
physician assistant in the exercise of physician-delegated	2940
prescriptive authority.	2941

(3) If the physician assistant possesses physician-delegated	2942
prescriptive authority for controlled substances, the physician	2943
assistant shall register with the federal drug enforcement	2944
administration.	2945

(4) If the physician assistant possesses physician-delegated	2946
prescriptive authority for schedule II controlled substances, the	2947
physician assistant shall comply with section 4730.411 of the	2948
Revised Code.	2949

(5) If the physician assistant possesses physician-delegated	2950
prescriptive authority to prescribe for a minor an opioid	2951
analgesic, as those terms are defined in ~~section~~sections	2952
3719.061 and 3719.01 of the Revised Code, ~~a compound that is a~~	2953
~~controlled substance containing an opioid~~respectively, the	2954
physician assistant shall comply with section 3719.061 of the	2955
Revised Code.	2956

Sec. 4730.48. (A)(1) Except in the case of a provisional	2957
certificate to prescribe, a physician assistant's certificate to	2958
prescribe expires on the same date as the physician assistant's	2959
certificate to practice as a physician assistant, as provided in	2960
section 4730.14 of the Revised Code. The certificate to prescribe	2961
may be renewed in accordance with this section.	2962

(2) A person seeking to renew a certificate to prescribe	2963
shall, on or before the thirty-first day of January of each	2964
even-numbered year, apply for renewal of the certificate. The	2965
state medical board shall send renewal notices at least one month	2966
prior to the expiration date. The notice may be sent as part of	2967
the notice sent for renewal of the certificate to practice.	2968

(3) Applications for renewal shall be submitted to the board	2969
on forms the board shall prescribe and furnish. An application for	2970
renewal of a certificate to prescribe may be submitted in	2971
conjunction with an application for renewal of a certificate to	2972
practice.	2973

(4)(a) Except as provided in division (A)(4)(b) of this	2974
section, in the case of an applicant who prescribes opioid	2975
analgesics or benzodiazepines, as defined in section 3719.01 of	2976
the Revised Code, the applicant shall certify to the board whether	2977
the applicant has been granted access to the drug database	2978
established and maintained by the state board of pharmacy pursuant	2979
to section 4729.75 of the Revised Code.	2980

(b) The requirement in division (A)(4)(a) of this section	2981
does not apply if ~~either~~any of the following is the case:	2982

(i) The state board of pharmacy notifies the state medical	2983
board pursuant to section 4729.861 of the Revised Code that the	2984
applicant has been restricted from obtaining further information	2985
from the drug database.	2986

(ii) The state board of pharmacy no longer maintains the drug	2987
database.	2988

(iii) The applicant does not practice as a physician	2989
assistant in this state.	2990

(c) If an applicant certifies to the state medical board that	2991
the applicant has been granted access to the drug database and the	2992
board finds through an audit or other means that the applicant has	2993
not been granted access, the board may take action under section	2994
4730.25 of the Revised Code.	2995

(5) Each application for renewal of a certificate to	2996
prescribe shall be accompanied by a biennial renewal fee of fifty	2997
dollars. The board shall deposit the fees in accordance with	2998
section 4731.24 of the Revised Code.	2999

(6) The applicant shall report any criminal offense that	3000
constitutes grounds under section 4730.25 of the Revised Code for	3001
refusing to issue a certificate to prescribe to which the	3002
applicant has pleaded guilty, of which the applicant has been	3003
found guilty, or for which the applicant has been found eligible	3004
for intervention in lieu of conviction, since last signing an	3005
application for a certificate to prescribe.	3006

(B) The board shall review all renewal applications received.	3007
If an applicant submits a complete renewal application and meets	3008
the requirements for renewal specified in section 4730.49 of the	3009
Revised Code, the board shall issue to the applicant a renewed	3010
certificate to prescribe.	3011

Sec. 4731.22. (A) The state medical board, by an affirmative	3012
vote of not fewer than six of its members, may limit, revoke, or	3013
suspend an individual's certificate to practice, refuse to grant a	3014
certificate to an individual, refuse to register an individual,	3015
refuse to reinstate a certificate, or reprimand or place on	3016
probation the holder of a certificate if the individual or	3017
certificate holder is found by the board to have committed fraud	3018
during the administration of the examination for a certificate to	3019
practice or to have committed fraud, misrepresentation, or	3020
deception in applying for or securing any certificate to practice	3021
or certificate of registration issued by the board.	3022

(B) The board, by an affirmative vote of not fewer than six	3023
members, shall, to the extent permitted by law, limit, revoke, or	3024
suspend an individual's certificate to practice, refuse to	3025
register an individual, refuse to reinstate a certificate, or	3026
reprimand or place on probation the holder of a certificate for	3027
one or more of the following reasons:	3028

(1) Permitting one's name or one's certificate to practice or	3029
certificate of registration to be used by a person, group, or	3030
corporation when the individual concerned is not actually	3031
directing the treatment given;	3032

(2) Failure to maintain minimal standards applicable to the	3033
selection or administration of drugs, or failure to employ	3034
acceptable scientific methods in the selection of drugs or other	3035
modalities for treatment of disease;	3036

(3) Selling, giving away, personally furnishing, prescribing,	3037
or administering drugs for other than legal and legitimate	3038
therapeutic purposes or a plea of guilty to, a judicial finding of	3039
guilt of, or a judicial finding of eligibility for intervention in	3040
lieu of conviction of, a violation of any federal or state law	3041
regulating the possession, distribution, or use of any drug;	3042

(4) Willfully betraying a professional confidence.

3043

For purposes of this division, "willfully betraying a	3044
professional confidence" does not include providing any	3045
information, documents, or reports to a child fatality review	3046
board under sections 307.621 to 307.629 of the Revised Code and	3047
does not include the making of a report of an employee's use of a	3048
drug of abuse, or a report of a condition of an employee other	3049
than one involving the use of a drug of abuse, to the employer of	3050
the employee as described in division (B) of section 2305.33 of	3051
the Revised Code. Nothing in this division affects the immunity	3052
from civil liability conferred by that section upon a physician	3053
who makes either type of report in accordance with division (B) of	3054
that section. As used in this division, "employee," "employer,"	3055
and "physician" have the same meanings as in section 2305.33 of	3056
the Revised Code.	3057

(5) Making a false, fraudulent, deceptive, or misleading	3058
statement in the solicitation of or advertising for patients; in	3059
relation to the practice of medicine and surgery, osteopathic	3060
medicine and surgery, podiatric medicine and surgery, or a limited	3061
branch of medicine; or in securing or attempting to secure any	3062
certificate to practice or certificate of registration issued by	3063
the board.	3064

As used in this division, "false, fraudulent, deceptive, or	3065
misleading statement" means a statement that includes a	3066
misrepresentation of fact, is likely to mislead or deceive because	3067
of a failure to disclose material facts, is intended or is likely	3068
to create false or unjustified expectations of favorable results,	3069
or includes representations or implications that in reasonable	3070
probability will cause an ordinarily prudent person to	3071
misunderstand or be deceived.	3072

(6) A departure from, or the failure to conform to, minimal	3073
standards of care of similar practitioners under the same or	3074
similar circumstances, whether or not actual injury to a patient	3075
is established;	3076

(7) Representing, with the purpose of obtaining compensation	3077
or other advantage as personal gain or for any other person, that	3078
an incurable disease or injury, or other incurable condition, can	3079
be permanently cured;	3080

(8) The obtaining of, or attempting to obtain, money or	3081
anything of value by fraudulent misrepresentations in the course	3082
of practice;	3083

(9) A plea of guilty to, a judicial finding of guilt of, or a	3084
judicial finding of eligibility for intervention in lieu of	3085
conviction for, a felony;	3086

(10) Commission of an act that constitutes a felony in this	3087
state, regardless of the jurisdiction in which the act was	3088
committed;	3089

(11) A plea of guilty to, a judicial finding of guilt of, or	3090
a judicial finding of eligibility for intervention in lieu of	3091
conviction for, a misdemeanor committed in the course of practice;	3092

(12) Commission of an act in the course of practice that	3093
constitutes a misdemeanor in this state, regardless of the	3094
jurisdiction in which the act was committed;	3095

(13) A plea of guilty to, a judicial finding of guilt of, or	3096
a judicial finding of eligibility for intervention in lieu of	3097
conviction for, a misdemeanor involving moral turpitude;	3098

(14) Commission of an act involving moral turpitude that	3099
constitutes a misdemeanor in this state, regardless of the	3100
jurisdiction in which the act was committed;	3101

(15) Violation of the conditions of limitation placed by the	3102
board upon a certificate to practice;	3103

(16) Failure to pay license renewal fees specified in this	3104
chapter;	3105

(17) Except as authorized in section 4731.31 of the Revised	3106
Code, engaging in the division of fees for referral of patients,	3107
or the receiving of a thing of value in return for a specific	3108
referral of a patient to utilize a particular service or business;	3109

(18) Subject to section 4731.226 of the Revised Code,	3110
violation of any provision of a code of ethics of the American	3111
medical association, the American osteopathic association, the	3112
American podiatric medical association, or any other national	3113
professional organizations that the board specifies by rule. The	3114
state medical board shall obtain and keep on file current copies	3115
of the codes of ethics of the various national professional	3116
organizations. The individual whose certificate is being suspended	3117
or revoked shall not be found to have violated any provision of a	3118
code of ethics of an organization not appropriate to the	3119
individual's profession.	3120

For purposes of this division, a "provision of a code of	3121
ethics of a national professional organization" does not include	3122
any provision that would preclude the making of a report by a	3123
physician of an employee's use of a drug of abuse, or of a	3124
condition of an employee other than one involving the use of a	3125
drug of abuse, to the employer of the employee as described in	3126
division (B) of section 2305.33 of the Revised Code. Nothing in	3127
this division affects the immunity from civil liability conferred	3128
by that section upon a physician who makes either type of report	3129
in accordance with division (B) of that section. As used in this	3130
division, "employee," "employer," and "physician" have the same	3131
meanings as in section 2305.33 of the Revised Code.	3132

(19) Inability to practice according to acceptable and	3133
prevailing standards of care by reason of mental illness or	3134
physical illness, including, but not limited to, physical	3135
deterioration that adversely affects cognitive, motor, or	3136
perceptive skills.	3137

In enforcing this division, the board, upon a showing of a	3138
possible violation, may compel any individual authorized to	3139
practice by this chapter or who has submitted an application	3140
pursuant to this chapter to submit to a mental examination,	3141
physical examination, including an HIV test, or both a mental and	3142
a physical examination. The expense of the examination is the	3143
responsibility of the individual compelled to be examined. Failure	3144
to submit to a mental or physical examination or consent to an HIV	3145
test ordered by the board constitutes an admission of the	3146
allegations against the individual unless the failure is due to	3147
circumstances beyond the individual's control, and a default and	3148
final order may be entered without the taking of testimony or	3149
presentation of evidence. If the board finds an individual unable	3150
to practice because of the reasons set forth in this division, the	3151
board shall require the individual to submit to care, counseling,	3152
or treatment by physicians approved or designated by the board, as	3153
a condition for initial, continued, reinstated, or renewed	3154
authority to practice. An individual affected under this division	3155
shall be afforded an opportunity to demonstrate to the board the	3156
ability to resume practice in compliance with acceptable and	3157
prevailing standards under the provisions of the individual's	3158
certificate. For the purpose of this division, any individual who	3159
applies for or receives a certificate to practice under this	3160
chapter accepts the privilege of practicing in this state and, by	3161
so doing, shall be deemed to have given consent to submit to a	3162
mental or physical examination when directed to do so in writing	3163
by the board, and to have waived all objections to the	3164
admissibility of testimony or examination reports that constitute	3165
a privileged communication.	3166

(20) Except when civil penalties are imposed under section	3167
4731.225 or 4731.281 of the Revised Code, and subject to section	3168
4731.226 of the Revised Code, violating or attempting to violate,	3169
directly or indirectly, or assisting in or abetting the violation	3170
of, or conspiring to violate, any provisions of this chapter or	3171
any rule promulgated by the board.	3172

This division does not apply to a violation or attempted	3173
violation of, assisting in or abetting the violation of, or a	3174
conspiracy to violate, any provision of this chapter or any rule	3175
adopted by the board that would preclude the making of a report by	3176
a physician of an employee's use of a drug of abuse, or of a	3177
condition of an employee other than one involving the use of a	3178
drug of abuse, to the employer of the employee as described in	3179
division (B) of section 2305.33 of the Revised Code. Nothing in	3180
this division affects the immunity from civil liability conferred	3181
by that section upon a physician who makes either type of report	3182
in accordance with division (B) of that section. As used in this	3183
division, "employee," "employer," and "physician" have the same	3184
meanings as in section 2305.33 of the Revised Code.	3185

(21) The violation of section 3701.79 of the Revised Code or	3186
of any abortion rule adopted by the public health council pursuant	3187
to section 3701.341 of the Revised Code;	3188

(22) Any of the following actions taken by an agency	3189
responsible for authorizing, certifying, or regulating an	3190
individual to practice a health care occupation or provide health	3191
care services in this state or another jurisdiction, for any	3192
reason other than the nonpayment of fees: the limitation,	3193
revocation, or suspension of an individual's license to practice;	3194
acceptance of an individual's license surrender; denial of a	3195
license; refusal to renew or reinstate a license; imposition of	3196
probation; or issuance of an order of censure or other reprimand;	3197

(23) The violation of section 2919.12 of the Revised Code or	3198
the performance or inducement of an abortion upon a pregnant woman	3199
with actual knowledge that the conditions specified in division	3200
(B) of section 2317.56 of the Revised Code have not been satisfied	3201
or with a heedless indifference as to whether those conditions	3202
have been satisfied, unless an affirmative defense as specified in	3203
division (H)(2) of that section would apply in a civil action	3204
authorized by division (H)(1) of that section;	3205

(24) The revocation, suspension, restriction, reduction, or	3206
termination of clinical privileges by the United States department	3207
of defense or department of veterans affairs or the termination or	3208
suspension of a certificate of registration to prescribe drugs by	3209
the drug enforcement administration of the United States	3210
department of justice;	3211

(25) Termination or suspension from participation in the	3212
medicare or medicaid programs by the department of health and	3213
human services or other responsible agency for any act or acts	3214
that also would constitute a violation of division (B)(2), (3),	3215
(6), (8), or (19) of this section;	3216

(26) Impairment of ability to practice according to	3217
acceptable and prevailing standards of care because of habitual or	3218
excessive use or abuse of drugs, alcohol, or other substances that	3219
impair ability to practice.	3220

For the purposes of this division, any individual authorized	3221
to practice by this chapter accepts the privilege of practicing in	3222
this state subject to supervision by the board. By filing an	3223
application for or holding a certificate to practice under this	3224
chapter, an individual shall be deemed to have given consent to	3225
submit to a mental or physical examination when ordered to do so	3226
by the board in writing, and to have waived all objections to the	3227
admissibility of testimony or examination reports that constitute	3228
privileged communications.	3229

If it has reason to believe that any individual authorized to	3230
practice by this chapter or any applicant for certification to	3231
practice suffers such impairment, the board may compel the	3232
individual to submit to a mental or physical examination, or both.	3233
The expense of the examination is the responsibility of the	3234
individual compelled to be examined. Any mental or physical	3235
examination required under this division shall be undertaken by a	3236
treatment provider or physician who is qualified to conduct the	3237
examination and who is chosen by the board.	3238

Failure to submit to a mental or physical examination ordered	3239
by the board constitutes an admission of the allegations against	3240
the individual unless the failure is due to circumstances beyond	3241
the individual's control, and a default and final order may be	3242
entered without the taking of testimony or presentation of	3243
evidence. If the board determines that the individual's ability to	3244
practice is impaired, the board shall suspend the individual's	3245
certificate or deny the individual's application and shall require	3246
the individual, as a condition for initial, continued, reinstated,	3247
or renewed certification to practice, to submit to treatment.	3248

Before being eligible to apply for reinstatement of a	3249
certificate suspended under this division, the impaired	3250
practitioner shall demonstrate to the board the ability to resume	3251
practice in compliance with acceptable and prevailing standards of	3252
care under the provisions of the practitioner's certificate. The	3253
demonstration shall include, but shall not be limited to, the	3254
following:	3255

(a) Certification from a treatment provider approved under	3256
section 4731.25 of the Revised Code that the individual has	3257
successfully completed any required inpatient treatment;	3258

(b) Evidence of continuing full compliance with an aftercare	3259
contract or consent agreement;	3260

(c) Two written reports indicating that the individual's	3261
ability to practice has been assessed and that the individual has	3262
been found capable of practicing according to acceptable and	3263
prevailing standards of care. The reports shall be made by	3264
individuals or providers approved by the board for making the	3265
assessments and shall describe the basis for their determination.	3266

The board may reinstate a certificate suspended under this	3267
division after that demonstration and after the individual has	3268
entered into a written consent agreement.	3269

When the impaired practitioner resumes practice, the board	3270
shall require continued monitoring of the individual. The	3271
monitoring shall include, but not be limited to, compliance with	3272
the written consent agreement entered into before reinstatement or	3273
with conditions imposed by board order after a hearing, and, upon	3274
termination of the consent agreement, submission to the board for	3275
at least two years of annual written progress reports made under	3276
penalty of perjury stating whether the individual has maintained	3277
sobriety.	3278

(27) A second or subsequent violation of section 4731.66 or	3279
4731.69 of the Revised Code;	3280

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

3281

(a) Waiving the payment of all or any part of a deductible or	3282
copayment that a patient, pursuant to a health insurance or health	3283
care policy, contract, or plan that covers the individual's	3284
services, otherwise would be required to pay if the waiver is used	3285
as an enticement to a patient or group of patients to receive	3286
health care services from that individual;	3287

(b) Advertising that the individual will waive the payment of	3288
all or any part of a deductible or copayment that a patient,	3289
pursuant to a health insurance or health care policy, contract, or	3290
plan that covers the individual's services, otherwise would be	3291
required to pay.	3292

(29) Failure to use universal blood and body fluid	3293
precautions established by rules adopted under section 4731.051 of	3294
the Revised Code;	3295

(30) Failure to provide notice to, and receive acknowledgment	3296
of the notice from, a patient when required by section 4731.143 of	3297
the Revised Code prior to providing nonemergency professional	3298
services, or failure to maintain that notice in the patient's	3299
file;	3300

(31) Failure of a physician supervising a physician assistant	3301
to maintain supervision in accordance with the requirements of	3302
Chapter 4730. of the Revised Code and the rules adopted under that	3303
chapter;	3304

(32) Failure of a physician or podiatrist to enter into a	3305
standard care arrangement with a clinical nurse specialist,	3306
certified nurse-midwife, or certified nurse practitioner with whom	3307
the physician or podiatrist is in collaboration pursuant to	3308
section 4731.27 of the Revised Code or failure to fulfill the	3309
responsibilities of collaboration after entering into a standard	3310
care arrangement;	3311

(33) Failure to comply with the terms of a consult agreement	3312
entered into with a pharmacist pursuant to section 4729.39 of the	3313
Revised Code;	3314

(34) Failure to cooperate in an investigation conducted by	3315
the board under division (F) of this section, including failure to	3316
comply with a subpoena or order issued by the board or failure to	3317
answer truthfully a question presented by the board in an	3318
investigative interview, an investigative office conference, at a	3319
deposition, or in written interrogatories, except that failure to	3320
cooperate with an investigation shall not constitute grounds for	3321
discipline under this section if a court of competent jurisdiction	3322
has issued an order that either quashes a subpoena or permits the	3323
individual to withhold the testimony or evidence in issue;	3324

(35) Failure to supervise an oriental medicine practitioner	3325
or acupuncturist in accordance with Chapter 4762. of the Revised	3326
Code and the board's rules for providing that supervision;	3327

(36) Failure to supervise an anesthesiologist assistant in	3328
accordance with Chapter 4760. of the Revised Code and the board's	3329
rules for supervision of an anesthesiologist assistant;	3330

(37) Assisting suicide, as defined in section 3795.01 of the	3331
Revised Code;	3332

(38) Failure to comply with the requirements of section	3333
2317.561 of the Revised Code;	3334

(39) Failure to supervise a radiologist assistant in	3335
accordance with Chapter 4774. of the Revised Code and the board's	3336
rules for supervision of radiologist assistants;	3337

(40) Performing or inducing an abortion at an office or	3338
facility with knowledge that the office or facility fails to post	3339
the notice required under section 3701.791 of the Revised Code;	3340

(41) Failure to comply with the standards and procedures	3341
established in rules under section 4731.054 of the Revised Code	3342
for the operation of or the provision of care at a pain management	3343
clinic;	3344

(42) Failure to comply with the standards and procedures	3345
established in rules under section 4731.054 of the Revised Code	3346
for providing supervision, direction, and control of individuals	3347
at a pain management clinic;	3348

(43) Failure to comply with the requirements of section	3349
4729.79 of the Revised Code, unless the state board of pharmacy no	3350
longer maintains a drug database pursuant to section 4729.75 of	3351
the Revised Code;	3352

(44) Failure to comply with the requirements of section	3353
2919.171 of the Revised Code or failure to submit to the	3354
department of health in accordance with a court order a complete	3355
report as described in section 2919.171 of the Revised Code;	3356

(45) Practicing at a facility that is subject to licensure as	3357
a category III terminal distributor of dangerous drugs with a pain	3358
management clinic classification unless the person operating the	3359
facility has obtained and maintains the license with the	3360
classification;	3361

(46) Owning a facility that is subject to licensure as a	3362
category III terminal distributor of dangerous drugs with a pain	3363
management clinic classification unless the facility is licensed	3364
with the classification;	3365

(47) Failure to comply with the requirement regarding	3366
maintaining notes described in division (B) of section 2919.191 of	3367
the Revised Code or failure to satisfy the requirements of section	3368
2919.191 of the Revised Code prior to performing or inducing an	3369
abortion upon a pregnant woman;	3370

(48) Failure to comply with the requirements in section	3371
3719.061 of the Revised Code before issuing tofor a minor a	3372
prescription for ~~a controlled substance containing~~ an opioid	3373
analgesic, as defined in section 3719.01 of the Revised Code.	3374

(C) Disciplinary actions taken by the board under divisions	3375
(A) and (B) of this section shall be taken pursuant to an	3376
adjudication under Chapter 119. of the Revised Code, except that	3377
in lieu of an adjudication, the board may enter into a consent	3378
agreement with an individual to resolve an allegation of a	3379
violation of this chapter or any rule adopted under it. A consent	3380
agreement, when ratified by an affirmative vote of not fewer than	3381
six members of the board, shall constitute the findings and order	3382
of the board with respect to the matter addressed in the	3383
agreement. If the board refuses to ratify a consent agreement, the	3384
admissions and findings contained in the consent agreement shall	3385
be of no force or effect.	3386

A telephone conference call may be utilized for ratification	3387
of a consent agreement that revokes or suspends an individual's	3388
certificate to practice. The telephone conference call shall be	3389
considered a special meeting under division (F) of section 121.22	3390
of the Revised Code.	3391

If the board takes disciplinary action against an individual	3392
under division (B) of this section for a second or subsequent plea	3393
of guilty to, or judicial finding of guilt of, a violation of	3394
section 2919.123 of the Revised Code, the disciplinary action	3395
shall consist of a suspension of the individual's certificate to	3396
practice for a period of at least one year or, if determined	3397
appropriate by the board, a more serious sanction involving the	3398
individual's certificate to practice. Any consent agreement	3399
entered into under this division with an individual that pertains	3400
to a second or subsequent plea of guilty to, or judicial finding	3401
of guilt of, a violation of that section shall provide for a	3402
suspension of the individual's certificate to practice for a	3403
period of at least one year or, if determined appropriate by the	3404
board, a more serious sanction involving the individual's	3405
certificate to practice.	3406

(D) For purposes of divisions (B)(10), (12), and (14) of this	3407
section, the commission of the act may be established by a finding	3408
by the board, pursuant to an adjudication under Chapter 119. of	3409
the Revised Code, that the individual committed the act. The board	3410
does not have jurisdiction under those divisions if the trial	3411
court renders a final judgment in the individual's favor and that	3412
judgment is based upon an adjudication on the merits. The board	3413
has jurisdiction under those divisions if the trial court issues	3414
an order of dismissal upon technical or procedural grounds.	3415

(E) The sealing of conviction records by any court shall have	3416
no effect upon a prior board order entered under this section or	3417
upon the board's jurisdiction to take action under this section	3418
if, based upon a plea of guilty, a judicial finding of guilt, or a	3419
judicial finding of eligibility for intervention in lieu of	3420
conviction, the board issued a notice of opportunity for a hearing	3421
prior to the court's order to seal the records. The board shall	3422
not be required to seal, destroy, redact, or otherwise modify its	3423
records to reflect the court's sealing of conviction records.	3424

(F)(1) The board shall investigate evidence that appears to	3425
show that a person has violated any provision of this chapter or	3426
any rule adopted under it. Any person may report to the board in a	3427
signed writing any information that the person may have that	3428
appears to show a violation of any provision of this chapter or	3429
any rule adopted under it. In the absence of bad faith, any person	3430
who reports information of that nature or who testifies before the	3431
board in any adjudication conducted under Chapter 119. of the	3432
Revised Code shall not be liable in damages in a civil action as a	3433
result of the report or testimony. Each complaint or allegation of	3434
a violation received by the board shall be assigned a case number	3435
and shall be recorded by the board.	3436

(2) Investigations of alleged violations of this chapter or	3437
any rule adopted under it shall be supervised by the supervising	3438
member elected by the board in accordance with section 4731.02 of	3439
the Revised Code and by the secretary as provided in section	3440
4731.39 of the Revised Code. The president may designate another	3441
member of the board to supervise the investigation in place of the	3442
supervising member. No member of the board who supervises the	3443
investigation of a case shall participate in further adjudication	3444
of the case.	3445

(3) In investigating a possible violation of this chapter or	3446
any rule adopted under this chapter, or in conducting an	3447
inspection under division (E) of section 4731.054 of the Revised	3448
Code, the board may question witnesses, conduct interviews,	3449
administer oaths, order the taking of depositions, inspect and	3450
copy any books, accounts, papers, records, or documents, issue	3451
subpoenas, and compel the attendance of witnesses and production	3452
of books, accounts, papers, records, documents, and testimony,	3453
except that a subpoena for patient record information shall not be	3454
issued without consultation with the attorney general's office and	3455
approval of the secretary and supervising member of the board.	3456

(a) Before issuance of a subpoena for patient record	3457
information, the secretary and supervising member shall determine	3458
whether there is probable cause to believe that the complaint	3459
filed alleges a violation of this chapter or any rule adopted	3460
under it and that the records sought are relevant to the alleged	3461
violation and material to the investigation. The subpoena may	3462
apply only to records that cover a reasonable period of time	3463
surrounding the alleged violation.	3464

(b) On failure to comply with any subpoena issued by the	3465
board and after reasonable notice to the person being subpoenaed,	3466
the board may move for an order compelling the production of	3467
persons or records pursuant to the Rules of Civil Procedure.	3468

(c) A subpoena issued by the board may be served by a	3469
sheriff, the sheriff's deputy, or a board employee designated by	3470
the board. Service of a subpoena issued by the board may be made	3471
by delivering a copy of the subpoena to the person named therein,	3472
reading it to the person, or leaving it at the person's usual	3473
place of residence, usual place of business, or address on file	3474
with the board. When serving a subpoena to an applicant for or the	3475
holder of a certificate issued under this chapter, service of the	3476
subpoena may be made by certified mail, return receipt requested,	3477
and the subpoena shall be deemed served on the date delivery is	3478
made or the date the person refuses to accept delivery. If the	3479
person being served refuses to accept the subpoena or is not	3480
located, service may be made to an attorney who notifies the board	3481
that the attorney is representing the person.	3482

(d) A sheriff's deputy who serves a subpoena shall receive	3483
the same fees as a sheriff. Each witness who appears before the	3484
board in obedience to a subpoena shall receive the fees and	3485
mileage provided for under section 119.094 of the Revised Code.	3486

(4) All hearings, investigations, and inspections of the	3487
board shall be considered civil actions for the purposes of	3488
section 2305.252 of the Revised Code.	3489

(5) A report required to be submitted to the board under this	3490
chapter, a complaint, or information received by the board	3491
pursuant to an investigation or pursuant to an inspection under	3492
division (E) of section 4731.054 of the Revised Code is	3493
confidential and not subject to discovery in any civil action.	3494

The board shall conduct all investigations or inspections and	3495
proceedings in a manner that protects the confidentiality of	3496
patients and persons who file complaints with the board. The board	3497
shall not make public the names or any other identifying	3498
information about patients or complainants unless proper consent	3499
is given or, in the case of a patient, a waiver of the patient	3500
privilege exists under division (B) of section 2317.02 of the	3501
Revised Code, except that consent or a waiver of that nature is	3502
not required if the board possesses reliable and substantial	3503
evidence that no bona fide physician-patient relationship exists.	3504

The board may share any information it receives pursuant to	3505
an investigation or inspection, including patient records and	3506
patient record information, with law enforcement agencies, other	3507
licensing boards, and other governmental agencies that are	3508
prosecuting, adjudicating, or investigating alleged violations of	3509
statutes or administrative rules. An agency or board that receives	3510
the information shall comply with the same requirements regarding	3511
confidentiality as those with which the state medical board must	3512
comply, notwithstanding any conflicting provision of the Revised	3513
Code or procedure of the agency or board that applies when it is	3514
dealing with other information in its possession. In a judicial	3515
proceeding, the information may be admitted into evidence only in	3516
accordance with the Rules of Evidence, but the court shall require	3517
that appropriate measures are taken to ensure that confidentiality	3518
is maintained with respect to any part of the information that	3519
contains names or other identifying information about patients or	3520
complainants whose confidentiality was protected by the state	3521
medical board when the information was in the board's possession.	3522
Measures to ensure confidentiality that may be taken by the court	3523
include sealing its records or deleting specific information from	3524
its records.	3525

(6) On a quarterly basis, the board shall prepare a report	3526
that documents the disposition of all cases during the preceding	3527
three months. The report shall contain the following information	3528
for each case with which the board has completed its activities:	3529

(a) The case number assigned to the complaint or alleged	3530
violation;	3531

(b) The type of certificate to practice, if any, held by the	3532
individual against whom the complaint is directed;	3533

(c) A description of the allegations contained in the	3534
complaint;	3535

(d) The disposition of the case.

3536

The report shall state how many cases are still pending and	3537
shall be prepared in a manner that protects the identity of each	3538
person involved in each case. The report shall be a public record	3539
under section 149.43 of the Revised Code.	3540

(G) If the secretary and supervising member determine both of	3541
the following, they may recommend that the board suspend an	3542
individual's certificate to practice without a prior hearing:	3543

(1) That there is clear and convincing evidence that an	3544
individual has violated division (B) of this section;	3545

(2) That the individual's continued practice presents a	3546
danger of immediate and serious harm to the public.	3547

Written allegations shall be prepared for consideration by	3548
the board. The board, upon review of those allegations and by an	3549
affirmative vote of not fewer than six of its members, excluding	3550
the secretary and supervising member, may suspend a certificate	3551
without a prior hearing. A telephone conference call may be	3552
utilized for reviewing the allegations and taking the vote on the	3553
summary suspension.	3554

The board shall issue a written order of suspension by	3555
certified mail or in person in accordance with section 119.07 of	3556
the Revised Code. The order shall not be subject to suspension by	3557
the court during pendency of any appeal filed under section 119.12	3558
of the Revised Code. If the individual subject to the summary	3559
suspension requests an adjudicatory hearing by the board, the date	3560
set for the hearing shall be within fifteen days, but not earlier	3561
than seven days, after the individual requests the hearing, unless	3562
otherwise agreed to by both the board and the individual.	3563

Any summary suspension imposed under this division shall	3564
remain in effect, unless reversed on appeal, until a final	3565
adjudicative order issued by the board pursuant to this section	3566
and Chapter 119. of the Revised Code becomes effective. The board	3567
shall issue its final adjudicative order within seventy-five days	3568
after completion of its hearing. A failure to issue the order	3569
within seventy-five days shall result in dissolution of the	3570
summary suspension order but shall not invalidate any subsequent,	3571
final adjudicative order.	3572

(H) If the board takes action under division (B)(9), (11), or	3573
(13) of this section and the judicial finding of guilt, guilty	3574
plea, or judicial finding of eligibility for intervention in lieu	3575
of conviction is overturned on appeal, upon exhaustion of the	3576
criminal appeal, a petition for reconsideration of the order may	3577
be filed with the board along with appropriate court documents.	3578
Upon receipt of a petition of that nature and supporting court	3579
documents, the board shall reinstate the individual's certificate	3580
to practice. The board may then hold an adjudication under Chapter	3581
119. of the Revised Code to determine whether the individual	3582
committed the act in question. Notice of an opportunity for a	3583
hearing shall be given in accordance with Chapter 119. of the	3584
Revised Code. If the board finds, pursuant to an adjudication held	3585
under this division, that the individual committed the act or if	3586
no hearing is requested, the board may order any of the sanctions	3587
identified under division (B) of this section.	3588

(I) The certificate to practice issued to an individual under	3589
this chapter and the individual's practice in this state are	3590
automatically suspended as of the date of the individual's second	3591
or subsequent plea of guilty to, or judicial finding of guilt of,	3592
a violation of section 2919.123 of the Revised Code, or the date	3593
the individual pleads guilty to, is found by a judge or jury to be	3594
guilty of, or is subject to a judicial finding of eligibility for	3595
intervention in lieu of conviction in this state or treatment or	3596
intervention in lieu of conviction in another jurisdiction for any	3597
of the following criminal offenses in this state or a	3598
substantially equivalent criminal offense in another jurisdiction:	3599
aggravated murder, murder, voluntary manslaughter, felonious	3600
assault, kidnapping, rape, sexual battery, gross sexual	3601
imposition, aggravated arson, aggravated robbery, or aggravated	3602
burglary. Continued practice after suspension shall be considered	3603
practicing without a certificate.	3604

The board shall notify the individual subject to the	3605
suspension by certified mail or in person in accordance with	3606
section 119.07 of the Revised Code. If an individual whose	3607
certificate is automatically suspended under this division fails	3608
to make a timely request for an adjudication under Chapter 119. of	3609
the Revised Code, the board shall do whichever of the following is	3610
applicable:	3611

(1) If the automatic suspension under this division is for a	3612
second or subsequent plea of guilty to, or judicial finding of	3613
guilt of, a violation of section 2919.123 of the Revised Code, the	3614
board shall enter an order suspending the individual's certificate	3615
to practice for a period of at least one year or, if determined	3616
appropriate by the board, imposing a more serious sanction	3617
involving the individual's certificate to practice.	3618

(2) In all circumstances in which division (I)(1) of this	3619
section does not apply, enter a final order permanently revoking	3620
the individual's certificate to practice.	3621

(J) If the board is required by Chapter 119. of the Revised	3622
Code to give notice of an opportunity for a hearing and if the	3623
individual subject to the notice does not timely request a hearing	3624
in accordance with section 119.07 of the Revised Code, the board	3625
is not required to hold a hearing, but may adopt, by an	3626
affirmative vote of not fewer than six of its members, a final	3627
order that contains the board's findings. In that final order, the	3628
board may order any of the sanctions identified under division (A)	3629
or (B) of this section.	3630

(K) Any action taken by the board under division (B) of this	3631
section resulting in a suspension from practice shall be	3632
accompanied by a written statement of the conditions under which	3633
the individual's certificate to practice may be reinstated. The	3634
board shall adopt rules governing conditions to be imposed for	3635
reinstatement. Reinstatement of a certificate suspended pursuant	3636
to division (B) of this section requires an affirmative vote of	3637
not fewer than six members of the board.	3638

(L) When the board refuses to grant a certificate to an	3639
applicant, revokes an individual's certificate to practice,	3640
refuses to register an applicant, or refuses to reinstate an	3641
individual's certificate to practice, the board may specify that	3642
its action is permanent. An individual subject to a permanent	3643
action taken by the board is forever thereafter ineligible to hold	3644
a certificate to practice and the board shall not accept an	3645
application for reinstatement of the certificate or for issuance	3646
of a new certificate.	3647

(M) Notwithstanding any other provision of the Revised Code,	3648
all of the following apply:	3649

(1) The surrender of a certificate issued under this chapter	3650
shall not be effective unless or until accepted by the board. A	3651
telephone conference call may be utilized for acceptance of the	3652
surrender of an individual's certificate to practice. The	3653
telephone conference call shall be considered a special meeting	3654
under division (F) of section 121.22 of the Revised Code.	3655
Reinstatement of a certificate surrendered to the board requires	3656
an affirmative vote of not fewer than six members of the board.	3657

(2) An application for a certificate made under the	3658
provisions of this chapter may not be withdrawn without approval	3659
of the board.	3660

(3) Failure by an individual to renew a certificate of	3661
registration in accordance with this chapter shall not remove or	3662
limit the board's jurisdiction to take any disciplinary action	3663
under this section against the individual.	3664

(4) At the request of the board, a certificate holder shall	3665
immediately surrender to the board a certificate that the board	3666
has suspended, revoked, or permanently revoked.	3667

(N) Sanctions shall not be imposed under division (B)(28) of	3668
this section against any person who waives deductibles and	3669
copayments as follows:	3670

(1) In compliance with the health benefit plan that expressly	3671
allows such a practice. Waiver of the deductibles or copayments	3672
shall be made only with the full knowledge and consent of the plan	3673
purchaser, payer, and third-party administrator. Documentation of	3674
the consent shall be made available to the board upon request.	3675

(2) For professional services rendered to any other person	3676
authorized to practice pursuant to this chapter, to the extent	3677
allowed by this chapter and rules adopted by the board.	3678

(O) Under the board's investigative duties described in this	3679
section and subject to division (F) of this section, the board	3680
shall develop and implement a quality intervention program	3681
designed to improve through remedial education the clinical and	3682
communication skills of individuals authorized under this chapter	3683
to practice medicine and surgery, osteopathic medicine and	3684
surgery, and podiatric medicine and surgery. In developing and	3685
implementing the quality intervention program, the board may do	3686
all of the following:	3687

(1) Offer in appropriate cases as determined by the board an	3688
educational and assessment program pursuant to an investigation	3689
the board conducts under this section;	3690

(2) Select providers of educational and assessment services,	3691
including a quality intervention program panel of case reviewers;	3692

(3) Make referrals to educational and assessment service	3693
providers and approve individual educational programs recommended	3694
by those providers. The board shall monitor the progress of each	3695
individual undertaking a recommended individual educational	3696
program.	3697

(4) Determine what constitutes successful completion of an	3698
individual educational program and require further monitoring of	3699
the individual who completed the program or other action that the	3700
board determines to be appropriate;	3701

(5) Adopt rules in accordance with Chapter 119. of the	3702
Revised Code to further implement the quality intervention	3703
program.	3704

An individual who participates in an individual educational	3705
program pursuant to this division shall pay the financial	3706
obligations arising from that educational program.	3707

Sec. 4731.281. (A) On or before the deadline established	3708
under division (B) of this section for applying for renewal of a	3709
certificate of registration, each person holding a certificate	3710
under this chapter to practice medicine and surgery, osteopathic	3711
medicine and surgery, or podiatric medicine and surgery shall	3712
certify to the state medical board that in the preceding two years	3713
the person has completed one hundred hours of continuing medical	3714
education. The certification shall be made upon the application	3715
for biennial registration submitted pursuant to division (B) of	3716
this section. The board shall adopt rules providing for pro rata	3717
reductions by month of the number of hours of continuing education	3718
required for persons who are in their first registration period,	3719
who have been disabled due to illness or accident, or who have	3720
been absent from the country.	3721

In determining whether a course, program, or activity	3722
qualifies for credit as continuing medical education, the board	3723
shall approve all continuing medical education taken by persons	3724
holding a certificate to practice medicine and surgery that is	3725
certified by the Ohio state medical association, all continuing	3726
medical education taken by persons holding a certificate to	3727
practice osteopathic medicine and surgery that is certified by the	3728
Ohio osteopathic association, and all continuing medical education	3729
taken by persons holding a certificate to practice podiatric	3730
medicine and surgery that is certified by the Ohio podiatric	3731
medical association. Each person holding a certificate to practice	3732
under this chapter shall be given sufficient choice of continuing	3733
education programs to ensure that the person has had a reasonable	3734
opportunity to participate in continuing education programs that	3735
are relevant to the person's medical practice in terms of subject	3736
matter and level.	3737

The board may require a random sample of persons holding a	3738
certificate to practice under this chapter to submit materials	3739
documenting completion of the continuing medical education	3740
requirement during the preceding registration period, but this	3741
provision shall not limit the board's authority to investigate	3742
pursuant to section 4731.22 of the Revised Code.	3743

(B)(1) Every person holding a certificate under this chapter	3744
to practice medicine and surgery, osteopathic medicine and	3745
surgery, or podiatric medicine and surgery wishing to renew that	3746
certificate shall apply to the board for a certificate of	3747
registration upon an application furnished by the board, and pay	3748
to the board at the time of application a fee of three hundred	3749
five dollars, according to the following schedule:	3750

(a) Persons whose last name begins with the letters "A"	3751
through "B," on or before April 1, 2001, and the first day of	3752
April of every odd-numbered year thereafter;	3753

(b) Persons whose last name begins with the letters "C"	3754
through "D," on or before January 1, 2001, and the first day of	3755
January of every odd-numbered year thereafter;	3756

(c) Persons whose last name begins with the letters "E"	3757
through "G," on or before October 1, 2000, and the first day of	3758
October of every even-numbered year thereafter;	3759

(d) Persons whose last name begins with the letters "H"	3760
through "K," on or before July 1, 2000, and the first day of July	3761
of every even-numbered year thereafter;	3762

(e) Persons whose last name begins with the letters "L"	3763
through "M," on or before April 1, 2000, and the first day of	3764
April of every even-numbered year thereafter;	3765

(f) Persons whose last name begins with the letters "N"	3766
through "R," on or before January 1, 2000, and the first day of	3767
January of every even-numbered year thereafter;	3768

(g) Persons whose last name begins with the letter "S," on or	3769
before October 1, 1999, and the first day of October of every	3770
odd-numbered year thereafter;	3771

(h) Persons whose last name begins with the letters "T"	3772
through "Z," on or before July 1, 1999, and the first day of July	3773
of every odd-numbered year thereafter.	3774

The board shall deposit the fee in accordance with section	3775
4731.24 of the Revised Code, except that the board shall deposit	3776
twenty dollars of the fee into the state treasury to the credit of	3777
the physician loan repayment fund created by section 3702.78 of	3778
the Revised Code.	3779

(2) The board shall mail or cause to be mailed to every	3780
person registered to practice medicine and surgery, osteopathic	3781
medicine and surgery, or podiatric medicine and surgery, a notice	3782
of registration renewal addressed to the person's last known	3783
address or may cause the notice to be sent to the person through	3784
the secretary of any recognized medical, osteopathic, or podiatric	3785
society, according to the following schedule:	3786

(a) To persons whose last name begins with the letters "A"	3787
through "B," on or before January 1, 2001, and the first day of	3788
January of every odd-numbered year thereafter;	3789

(b) To persons whose last name begins with the letters "C"	3790
through "D," on or before October 1, 2000, and the first day of	3791
October of every even-numbered year thereafter;	3792

(c) To persons whose last name begins with the letters "E"	3793
through "G," on or before July 1, 2000, and the first day of July	3794
of every even-numbered year thereafter;	3795

(d) To persons whose last name begins with the letters "H"	3796
through "K," on or before April 1, 2000, and the first day of	3797
April of every even-numbered year thereafter;	3798

(e) To persons whose last name begins with the letters "L"	3799
through "M," on or before January 1, 2000, and the first day of	3800
January of every even-numbered year thereafter;	3801

(f) To persons whose last name begins with the letters "N"	3802
through "R," on or before October 1, 1999, and the first day of	3803
October of every odd-numbered year thereafter;	3804

(g) To persons whose last name begins with the letter "S," on	3805
or before July 1, 1999, and the first day of July of every	3806
odd-numbered year thereafter;	3807

(h) To persons whose last name begins with the letters "T"	3808
through "Z," on or before April 1, 1999, and the first day of	3809
April of every odd-numbered year thereafter.	3810

(3) Failure of any person to receive a notice of renewal from	3811
the board shall not excuse the person from the requirements	3812
contained in this section.	3813

(4) The board's notice shall inform the applicant of the	3814
renewal procedure. The board shall provide the application for	3815
registration renewal in a form determined by the board.	3816

(5) The applicant shall provide in the application the	3817
applicant's full name, principal practice address and residence	3818
address, the number of the applicant's certificate to practice,	3819
and any other information required by the board.	3820

(6)(a) Except as provided in division (B)(6)(b) of this	3821
section, in the case of an applicant who prescribes or personally	3822
furnishes opioid analgesics or benzodiazepines, as defined in	3823
section 3719.01 of the Revised Code, the applicant shall certify	3824
to the board whether the applicant has been granted access to the	3825
drug database established and maintained by the state board of	3826
pharmacy pursuant to section 4729.75 of the Revised Code.	3827

(b) The requirement in division (B)(6)(a) of this section	3828
does not apply if ~~either~~any of the following is the case:	3829

(i) The state board of pharmacy notifies the state medical	3830
board pursuant to section 4729.861 of the Revised Code that the	3831
applicant has been restricted from obtaining further information	3832
from the drug database.	3833

(ii) The state board of pharmacy no longer maintains the drug	3834
database.	3835

(iii) The applicant does not practice medicine and surgery,	3836
osteopathic medicine and surgery, or podiatric medicine and	3837
surgery in this state.	3838

(c) If an applicant certifies to the state medical board that	3839
the applicant has been granted access to the drug database and the	3840
board finds through an audit or other means that the applicant has	3841
not been granted access, the board may take action under section	3842
4731.22 of the Revised Code.	3843

(7) The applicant shall include with the application a list	3844
of the names and addresses of any clinical nurse specialists,	3845
certified nurse-midwives, or certified nurse practitioners with	3846
whom the applicant is currently collaborating, as defined in	3847
section 4723.01 of the Revised Code. Every person registered under	3848
this section shall give written notice to the state medical board	3849
of any change of principal practice address or residence address	3850
or in the list within thirty days of the change.	3851

(8) The applicant shall report any criminal offense to which	3852
the applicant has pleaded guilty, of which the applicant has been	3853
found guilty, or for which the applicant has been found eligible	3854
for intervention in lieu of conviction, since last filing an	3855
application for a certificate of registration.	3856

(9) The applicant shall execute and deliver the application	3857
to the board in a manner prescribed by the board.	3858

(C) The board shall issue to any person holding a certificate	3859
under this chapter to practice medicine and surgery, osteopathic	3860
medicine and surgery, or podiatric medicine and surgery, upon	3861
application and qualification therefor in accordance with this	3862
section, a certificate of registration under the seal of the	3863
board. A certificate of registration shall be valid for a two-year	3864
period.	3865

(D) Failure of any certificate holder to register and comply	3866
with this section shall operate automatically to suspend the	3867
holder's certificate to practice. Continued practice after the	3868
suspension of the certificate to practice shall be considered as	3869
practicing in violation of section 4731.41, 4731.43, or 4731.60 of	3870
the Revised Code. If the certificate has been suspended pursuant	3871
to this division for two years or less, it may be reinstated. The	3872
board shall reinstate a certificate to practice suspended for	3873
failure to register upon an applicant's submission of a renewal	3874
application, the biennial registration fee, and the applicable	3875
monetary penalty. The penalty for reinstatement shall be fifty	3876
dollars. If the certificate has been suspended pursuant to this	3877
division for more than two years, it may be restored. Subject to	3878
section 4731.222 of the Revised Code, the board may restore a	3879
certificate to practice suspended for failure to register upon an	3880
applicant's submission of a restoration application, the biennial	3881
registration fee, and the applicable monetary penalty and	3882
compliance with sections 4776.01 to 4776.04 of the Revised Code.	3883
The board shall not restore to an applicant a certificate to	3884
practice unless the board, in its discretion, decides that the	3885
results of the criminal records check do not make the applicant	3886
ineligible for a certificate issued pursuant to section 4731.14,	3887
4731.56, or 4731.57 of the Revised Code. The penalty for	3888
restoration shall be one hundred dollars. The board shall deposit	3889
the penalties in accordance with section 4731.24 of the Revised	3890
Code.	3891

(E) If an individual certifies completion of the number of	3892
hours and type of continuing medical education required to receive	3893
a certificate of registration or reinstatement of a certificate to	3894
practice, and the board finds through the random samples it	3895
conducts under this section or through any other means that the	3896
individual did not complete the requisite continuing medical	3897
education, the board may impose a civil penalty of not more than	3898
five thousand dollars. The board's finding shall be made pursuant	3899
to an adjudication under Chapter 119. of the Revised Code and by	3900
an affirmative vote of not fewer than six members.	3901

A civil penalty imposed under this division may be in	3902
addition to or in lieu of any other action the board may take	3903
under section 4731.22 of the Revised Code. The board shall deposit	3904
civil penalties in accordance with section 4731.24 of the Revised	3905
Code.	3906

(F) The state medical board may obtain information not	3907
protected by statutory or common law privilege from courts and	3908
other sources concerning malpractice claims against any person	3909
holding a certificate to practice under this chapter or practicing	3910
as provided in section 4731.36 of the Revised Code.	3911

(G) Each mailing sent by the board under division (B)(2) of	3912
this section to a person registered to practice medicine and	3913
surgery or osteopathic medicine and surgery shall inform the	3914
applicant of the reporting requirement established by division (H)	3915
of section 3701.79 of the Revised Code. At the discretion of the	3916
board, the information may be included on the application for	3917
registration or on an accompanying page.	3918

Sec. 4773.03. (A) Each individual seeking a license to	3919
practice as a general x-ray machine operator, radiographer,	3920
radiation therapy technologist, or nuclear medicine technologist	3921
shall apply to the department of health on a form the department	3922
shall prescribe and provide. The application shall be accompanied	3923
by the appropriate license application fee established in rules	3924
adopted under section 4773.08 of the Revised Code.	3925

(B) The department shall review all applications received and	3926
issue the appropriate general x-ray machine operator,	3927
radiographer, radiation therapy technologist, or nuclear medicine	3928
technologist license to each applicant who meets all of the	3929
following requirements:	3930

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

3931

(2) Is of good moral character.;

3932

(3) Except as provided in division (C) of this section,	3933
passes the examination administered under section 4773.04 of the	3934
Revised Code for the applicant's area of practice.;	3935

(4) Complies with any other licensing standards established	3936
in rules adopted under section 4773.08 of the Revised Code.	3937

(C) An applicant is not required to take a licensing	3938
examination if ~~any~~one of the following ~~apply~~applies to the	3939
applicant:	3940

(1) The individual is applying for a license as a general	3941
x-ray machine operator and holds certification in that area of	3942
practice from the American registry of radiologic technologists or	3943
the American chiropractic registry of radiologic technologists.	3944

(2) The individual is applying for a license as a	3945
radiographer and holds certification in that area of practice from	3946
the American registry of radiologic technologists.	3947

(3) The individual is applying for a license as a radiation	3948
therapy technologist and holds certification in that area of	3949
practice from the American registry of radiologic technologists.	3950

(4) The individual is applying for a license as a nuclear	3951
medicine technologist and holds certification in that area of	3952
practice from the American registry of radiologic technologists or	3953
the nuclear medicine technology certification board.	3954

(5) The individual holds a conditional license issued under	3955
section 4773.05 of the Revised Code and has completed the	3956
continuing education requirements established in rules adopted	3957
under section 4773.08 of the Revised Code.	3958

(6) The individual holds a license, certificate, or other	3959
credential issued by another state that the department determines	3960
uses standards for radiologic professions that are at least equal	3961
to those established under this chapter.	3962

(D) A license issued under this section expires biennially on	3963
the license holder's birthday, except for an initial license which	3964
expires on the license holder's birthday following two years after	3965
it is issued. For an initial license, the fee established in rules	3966
adopted under section 4773.08 of the Revised Code may be increased	3967
in proportion to the amount of time beyond two years that the	3968
license may be valid.	3969

A license may be renewed if. To be eligible for renewal, the	3970
license holder ~~completes~~must complete the continuing education	3971
requirements specified in rules adopted by the department under	3972
section 4773.08 of the Revised Code. Applications for license	3973
renewal shall be accompanied by the appropriate renewal fee	3974
established in rules adopted under section 4773.08 of the Revised	3975
Code. Renewals shall be made in accordance with the standard	3976
renewal procedure established under Chapter 4745. of the Revised	3977
Code.	3978

(E)(1) A license that has lapsed or otherwise become inactive	3979
may be reinstated. An individual seeking reinstatement of a	3980
license shall apply to the department on a form the department	3981
shall prescribe and provide. The application shall be accompanied	3982
by the appropriate reinstatement fee established in rules adopted	3983
under section 4773.08 of the Revised Code.	3984

(2) To be eligible for reinstatement, both of the following	3985
apply:	3986

(a) An applicant must continue to meet the conditions for	3987
receiving an initial license, including the examination or	3988
certification requirements specified in division (B) or (C) of	3989
this section. In the case of an applicant seeking reinstatement	3990
based on having passed an examination administered under section	3991
4773.04 of the Revised Code, the length of time that has elapsed	3992
since the examination was passed is not a consideration in	3993
determining whether the applicant is eligible for reinstatement.	3994

(b) The applicant must complete the continuing education	3995
requirements for reinstatement established in rules adopted under	3996
section 4773.08 of the Revised Code.	3997

(F) The department shall refuse to issue or, renew, or	3998
reinstate and may suspend or revoke a general x-ray machine	3999
operator, radiographer, radiation therapy technologist, or nuclear	4000
medicine technologist license if the applicant or license holder	4001
does not comply with the applicable requirements of this chapter	4002
or rules adopted under it.	4003

Sec. 4773.08. The director of health shall adopt rules to	4004
implement and administer this chapter. In adopting the rules, the	4005
director shall consider any recommendations made by the radiation	4006
advisory council created under section 3701.93 of the Revised	4007
Code. The rules shall be adopted in accordance with Chapter 119.	4008
of the Revised Code and shall not be less stringent than any	4009
applicable standards specified in 42 C.F.R. 75. The rules shall	4010
establish all of the following:	4011

(A) Standards for licensing general x-ray machine operators,	4012
radiographers, radiation therapy technologists, and nuclear	4013
medicine technologists;	4014

(B) Application ~~and~~, renewal, and reinstatement fees for	4015
licenses issued under this chapter that do not exceed the cost	4016
incurred in issuing ~~and~~, renewing, and reinstating the licenses;	4017

(C) Standards for accreditation of educational programs and	4018
approval of continuing education programs in general x-ray machine	4019
operation, radiography, radiation therapy technology, and nuclear	4020
medicine technology;	4021

(D) Fees for accrediting educational programs and approving	4022
continuing education programs in general x-ray machine operation,	4023
radiography, radiation therapy technology, and nuclear medicine	4024
technology that do not exceed the cost incurred in accrediting the	4025
educational programs;	4026

(E) Fees for issuing conditional licenses under section	4027
4773.05 of the Revised Code that do not exceed the cost incurred	4028
in issuing the licenses;	4029

(F) Continuing education requirements that must be met to	4030
have a license renewed or reinstated under section 4773.03 of the	4031
Revised Code;	4032

(G) Continuing education requirements that the holder of a	4033
conditional license must meet to receive a license issued under	4034
section 4773.03 of the Revised Code;	4035

(H) Any other rules necessary for the implementation or	4036
administration of this chapter.	4037

Sec. 5104.014. (A) As used in this section:

4038

(1) "Child" includes both of the following:

4039

(a) An infant, toddler, or preschool age child;

4040

(b) A school-age child who is not enrolled in a public or	4041
nonpublic school but is enrolled in a child day-care center, type	4042
A family day-care home, or licensed type B family day-care home or	4043
receives child care from a certified in-home aide.	4044

(2) "In the process of being immunized" means having received	4045
at least the first dose of an immunization sequence and complying	4046
with the immunization intervals or catch-up schedule prescribed by	4047
the director of health.	4048

(B) Except as provided in division (C) of this section, not	4049
later than thirty days after enrollment in a child day-care	4050
center, type A family day-care home, or licensed type B family	4051
day-care home and every thirteen months thereafter while enrolled	4052
in the center or home and not later than thirty days after	4053
beginning to receive child care from a certified in-home aide and	4054
every thirteen months thereafter while continuing to receive child	4055
care from the aide, each child's caretaker parent shall provide to	4056
the center, home, or in-home aide a medical statement, as	4057
described in division (D) of this section, indicating that the	4058
child has been immunized against or is in the process of being	4059
immunized against all of the following diseases:	4060

(1) Chicken pox;

4061

(2) Diphtheria;

4062

(3) Haemophilus influenzae type b;

4063

(4) Hepatitis A;

4064

(5) Hepatitis B;

4065

(6) Influenza;

4066

(7) Measles;

4067

(8) Mumps;

4068

(9) Pertussis;

4069

(10) Pneumococcal disease;

4070

(11) Poliomyelitis;

4071

(12) Rotavirus;

4072

(13) Rubella;

4073

(14) Tetanus.

4074

(C)(1) A child is not required to be immunized against a	4075
disease specified in division (B) of this section if any of the	4076
following is the case:	4077

(a) Immunization against the disease is medically	4078
contraindicated for the child;	4079

(b) The child's parent or guardian has declined to have the	4080
child immunized against the disease for reasons of conscience,	4081
including religious convictions;	4082

(c) Immunization against the disease is not medically	4083
appropriate for the child's age.	4084

(2) In the case of influenza, a child is not required to be	4085
immunized against the disease if the seasonal vaccine is not	4086
available.	4087

(D)(1) The medical statement shall include all of the	4088
following information:	4089

(a) The dates that a child received immunizations against	4090
each of the diseases specified in division (B) of this section;	4091

(b) Whether a child is subject to any of the exceptions	4092
specified in division (C) of this section.	4093

(2) The medical statement shall include a component where a	4094
parent or guardian may indicate that the parent or guardian has	4095
declined to have the child immunized.	4096

Sec. 5104.015. The director of job and family services shall	4097
adopt rules in accordance with Chapter 119. of the Revised Code	4098
governing the operation of child day-care centers, including	4099
parent cooperative centers, part-time centers, drop-in centers,	4100
and school-age child care centers. The rules shall reflect the	4101
various forms of child care and the needs of children receiving	4102
child care or publicly funded child care and shall include	4103
specific rules for school-age child care centers that are	4104
developed in consultation with the department of education. The	4105
rules shall not require an existing school facility that is in	4106
compliance with applicable building codes to undergo an additional	4107
building code inspection or to have structural modifications. The	4108
rules shall include the following:	4109

(A) Submission of a site plan and descriptive plan of	4110
operation to demonstrate how the center proposes to meet the	4111
requirements of this chapter and rules adopted pursuant to this	4112
chapter for the initial license application;	4113

(B) Standards for ensuring that the physical surroundings of	4114
the center are safe and sanitary including the physical	4115
environment, the physical plant, and the equipment of the center;	4116

(C) Standards for the supervision, care, and discipline of	4117
children receiving child care or publicly funded child care in the	4118
center;	4119

(D) Standards for a program of activities, and for play	4120
equipment, materials, and supplies, to enhance the development of	4121
each child; however, any educational curricula, philosophies, and	4122
methodologies that are developmentally appropriate and that	4123
enhance the social, emotional, intellectual, and physical	4124
development of each child shall be permissible. As used in this	4125
division, "program" does not include instruction in religious or	4126
moral doctrines, beliefs, or values that is conducted at child	4127
day-care centers owned and operated by churches and does include	4128
methods of disciplining children at child day-care centers.	4129

(E) Admissions policies and procedures~~, health~~;

4130

(F) Health care policies and procedures, including procedures	4131
for the isolation of children with communicable diseases~~, first~~;	4132

(G) First aid and emergency procedures~~, procedures~~;

4133

(H) Procedures for discipline and supervision of children,	4134
~~standards~~;	4135

(I) Standards for the provision of nutritious meals and	4136
snacks~~, and procedures~~;	4137

(J) Procedures for screening children ~~and employees,~~ that may	4138
include any necessary physical examinations and shall include	4139
immunizations in accordance with section 5104.014 of the Revised	4140
Code;	4141

~~(F)~~(K) Procedures for screening employees that may include	4142
any necessary physical examinations and immunizations;	4143

(L) Methods for encouraging parental participation in the	4144
center and methods for ensuring that the rights of children,	4145
parents, and employees are protected and that responsibilities of	4146
parents and employees are met;	4147

~~(G)~~(M) Procedures for ensuring the safety and adequate	4148
supervision of children traveling off the premises of the center	4149
while under the care of a center employee;	4150

~~(H)~~(N) Procedures for record keeping, organization, and	4151
administration;	4152

~~(I)~~(O) Procedures for issuing, denying, and revoking a	4153
license that are not otherwise provided for in Chapter 119. of the	4154
Revised Code;	4155

~~(J)~~(P) Inspection procedures;

4156

~~(K)~~(Q) Procedures and standards for setting initial license	4157
application fees;	4158

~~(L)~~(R) Procedures for receiving, recording, and responding to	4159
complaints about centers;	4160

~~(M)~~(S) Procedures for enforcing section 5104.04 of the	4161
Revised Code;	4162

~~(N)~~(T) A standard requiring the inclusion of a current	4163
department of job and family services toll-free telephone number	4164
on each center provisional license or license which any person may	4165
use to report a suspected violation by the center of this chapter	4166
or rules adopted pursuant to this chapter;	4167

~~(O)~~(U) Requirements for the training of administrators and	4168
child-care staff members in first aid, in prevention, recognition,	4169
and management of communicable diseases, and in child abuse	4170
recognition and prevention. Training requirements for child	4171
day-care centers adopted under this division shall be consistent	4172
with sections 5104.034 and 5104.037 of the Revised Code.	4173

~~(P)~~(V) Standards providing for the special needs of children	4174
who are handicapped or who require treatment for health conditions	4175
while the child is receiving child care or publicly funded child	4176
care in the center;	4177

~~(Q)~~(W) A procedure for reporting of injuries of children that	4178
occur at the center;	4179

~~(R)~~(X) Standards for licensing child day-care centers for	4180
children with short-term illnesses and other temporary medical	4181
conditions;	4182

~~(S)~~(Y) Any other procedures and standards necessary to carry	4183
out the provisions of this chapter regarding child day-care	4184
centers.	4185

Sec. 5104.017. The director of job and family services shall	4186
adopt rules pursuant to Chapter 119. of the Revised Code governing	4187
the operation of type A family day-care homes, including parent	4188
cooperative type A homes, part-time type A homes, drop-in type A	4189
homes, and school-age child type A homes. The rules shall reflect	4190
the various forms of child care and the needs of children	4191
receiving child care. The rules shall include the following:	4192

(A) Submission of a site plan and descriptive plan of	4193
operation to demonstrate how the type A home proposes to meet the	4194
requirements of this chapter and rules adopted pursuant to this	4195
chapter for the initial license application;	4196

(B) Standards for ensuring that the physical surroundings of	4197
the type A home are safe and sanitary, including the physical	4198
environment, the physical plant, and the equipment of the type A	4199
home;	4200

(C) Standards for the supervision, care, and discipline of	4201
children receiving child care or publicly funded child care in the	4202
type A home;	4203

(D) Standards for a program of activities, and for play	4204
equipment, materials, and supplies, to enhance the development of	4205
each child; however, any educational curricula, philosophies, and	4206
methodologies that are developmentally appropriate and that	4207
enhance the social, emotional, intellectual, and physical	4208
development of each child shall be permissible;	4209

(E) Admissions policies and procedures~~, health~~;

4210

(F) Health care policies and procedures, including procedures	4211
for the isolation of children with communicable diseases~~, first~~;	4212

(G) First aid and emergency procedures~~, procedures~~;

4213

(H) Procedures for discipline and supervision of children,	4214
~~standards~~;	4215

(I) Standards for the provision of nutritious meals and	4216
snacks~~, and procedures~~;	4217

(J) Procedures for screening children ~~and employees~~,	4218
including any necessary physical examinations and the	4219
immunizations required pursuant to section 5104.014 of the Revised	4220
Code;	4221

~~(F)~~(K) Procedures for screening employees, including any	4222
necessary physical examinations and immunizations;	4223

(L) Methods for encouraging parental participation in the	4224
type A home and methods for ensuring that the rights of children,	4225
parents, and employees are protected and that the responsibilities	4226
of parents and employees are met;	4227

~~(G)~~(M) Procedures for ensuring the safety and adequate	4228
supervision of children traveling off the premises of the type A	4229
home while under the care of a type A home employee;	4230

~~(H)~~(N) Procedures for record keeping, organization, and	4231
administration;	4232

~~(I)~~(O) Procedures for issuing, denying, and revoking a	4233
license that are not otherwise provided for in Chapter 119. of the	4234
Revised Code;	4235

~~(J)~~(P) Inspection procedures;

4236

~~(K)~~(Q) Procedures and standards for setting initial license	4237
application fees;	4238

~~(L)~~(R) Procedures for receiving, recording, and responding to	4239
complaints about type A homes;	4240

~~(M)~~(S) Procedures for enforcing section 5104.04 of the	4241
Revised Code;	4242

~~(N)~~(T) A standard requiring the inclusion of a current	4243
department of job and family services toll-free telephone number	4244
on each type A home license that any person may use to report a	4245
suspected violation by the type A home of this chapter or rules	4246
adopted pursuant to this chapter;	4247

~~(O)~~(U) Requirements for the training of administrators and	4248
child-care staff members in first aid, in prevention, recognition,	4249
and management of communicable diseases, and in child abuse	4250
recognition and prevention;	4251

~~(P)~~(V) Standards providing for the special needs of children	4252
who are handicapped or who require treatment for health conditions	4253
while the child is receiving child care or publicly funded child	4254
care in the type A home;	4255

~~(Q)~~(W) Standards for the maximum number of children per	4256
child-care staff member;	4257

~~(R)~~(X) Requirements for the amount of usable indoor floor	4258
space for each child;	4259

~~(S)~~(Y) Requirements for safe outdoor play space;

4260

~~(T)~~(Z) Qualifications and training requirements for	4261
administrators and for child-care staff members;	4262

~~(U)~~(AA) Procedures for granting a parent who is the	4263
residential parent and legal custodian, or a custodian or guardian	4264
access to the type A home during its hours of operation;	4265

~~(V)~~(BB) Standards for the preparation and distribution of a	4266
roster of parents, custodians, and guardians;	4267

~~(W)~~(CC) Any other procedures and standards necessary to carry	4268
out the provisions of this chapter regarding type A homes.	4269

Sec. 5104.018. The director of job and family services shall	4270
adopt rules in accordance with Chapter 119. of the Revised Code	4271
governing the licensure of type B family day-care homes. The rules	4272
shall provide for safeguarding the health, safety, and welfare of	4273
children receiving child care or publicly funded child care in a	4274
licensed type B family day-care home and shall include all of the	4275
following:	4276

(A) Requirements for the type B home to notify parents with	4277
children in the type B home that the type B home is certified as a	4278
foster home under section 5103.03 of the Revised Code.	4279

(B) Standards for ensuring that the type B home and the	4280
physical surroundings of the type B home are safe and sanitary,	4281
including physical environment, physical plant, and equipment;	4282

(C) Standards for the supervision, care, and discipline of	4283
children receiving child care or publicly funded child care in the	4284
home;	4285

(D) Standards for a program of activities, and for play	4286
equipment, materials, and supplies to enhance the development of	4287
each child; however, any educational curricula, philosophies, and	4288
methodologies that are developmentally appropriate and that	4289
enhance the social, emotional, intellectual, and physical	4290
development of each child shall be permissible;	4291

(E) Admission policies and procedures~~, health~~;

4292

(F) Health care, first aid and emergency procedures,	4293
~~procedures~~;	4294

(G) Procedures for the care of sick children~~, procedures~~;

4295

(H) Procedures for discipline and supervision of children,	4296
~~nutritional~~;	4297

(I) Nutritional standards~~, and procedures~~;

4298

(J) Procedures for screening children ~~and administrators~~,	4299
including any necessary physical examinations and the	4300
immunizations required pursuant to section 5104.014 of the Revised	4301
Code;	4302

~~(F)~~(K) Procedures for screening administrators and employees,	4303
including any necessary physical examinations and immunizations;	4304

(L) Methods of encouraging parental participation and	4305
ensuring that the rights of children, parents, and administrators	4306
are protected and the responsibilities of parents and	4307
administrators are met;	4308

~~(G)~~(M) Standards for the safe transport of children when	4309
under the care of administrators;	4310

~~(H)~~(N) Procedures for issuing, denying, or revoking licenses;

4311

~~(I)~~(O) Procedures for the inspection of type B homes that	4312
require, at a minimum, that each type B home be inspected prior to	4313
licensure to ensure that the home is safe and sanitary;	4314

~~(J)~~(P) Procedures for record keeping and evaluation;

4315

~~(K)~~(Q) Procedures for receiving, recording, and responding to	4316
complaints;	4317

~~(L)~~(R) Standards providing for the special needs of children	4318
who are handicapped or who receive treatment for health conditions	4319
while the child is receiving child care or publicly funded child	4320
care in the type B home;	4321

~~(M)~~(S) Requirements for the amount of usable indoor floor	4322
space for each child;	4323

~~(N)~~(T) Requirements for safe outdoor play space;

4324

~~(O)~~(U) Qualification and training requirements for	4325
administrators;	4326

~~(P)~~(V) Procedures for granting a parent who is the	4327
residential parent and legal custodian, or a custodian or guardian	4328
access to the type B home during its hours of operation;	4329

~~(Q)~~(W) Requirements for the type B home to notify parents	4330
with children in the type B home that the type B home is certified	4331
as a foster home under section 5103.03 of the Revised Code;	4332

~~(R)~~(X) Any other procedures and standards necessary to carry	4333
out the provisions of this chapter regarding licensure of type B	4334
homes.	4335

Sec. 5165.08. (A) As used in this section:

4336

"Bed need" means the number of long-term care beds a county	4337
needs as determined by the director of health pursuant to division	4338
(B)(3) of section 3702.593 of the Revised Code.	4339

"Bed need excess" means that a county's bed need is such that	4340
one or more long-term care beds may be relocated from the county	4341
according to the director's determination of the county's bed	4342
need.	4343

(B) Every provider agreement with a nursing facility provider	4344
shall ~~prohibit~~do both of the following:	4345

(1) Permit the provider to exclude one or more parts of the	4346
nursing facility from the provider agreement, even though those	4347
parts meet federal and state standards for medicaid certification,	4348
if all of the following apply:	4349

(a) The nursing facility initially obtained both its nursing	4350
home license under Chapter 3721. of the Revised Code and medicaid	4351
certification on or after January 1, 2008.	4352

(b) The nursing facility is located in a county that has a	4353
bed need excess at the time the provider excludes the parts from	4354
the provider agreement.	4355

(c) Federal law permits the provider to exclude the parts	4356
from the provider agreement.	4357

(d) The provider gives the department of medicaid written	4358
notice of the exclusion not less than forty-five days before the	4359
first day of the calendar quarter in which the exclusion is to	4360
occur.	4361

(2) Prohibit the provider from doing either of the following:

4362

~~(1)~~(a) Discriminating against a resident on the basis of	4363
race, color, sex, creed, or national origin;	4364

~~(2)~~(b) Subject to division ~~(C)~~(D) of this section, failing or	4365
refusing to do either of the following:	4366

~~(a)~~(i) Except as otherwise prohibited under section 5165.82	4367
of the Revised Code, admit as a resident of the nursing facility	4368
an individual because the individual is, or may (as a resident of	4369
the nursing facility) become, a medicaid recipient unless at least	4370
~~eighty~~twenty-five per cent of the nursing facility's	4371
medicaid-certified beds are occupied by medicaid recipients at the	4372
time the person would otherwise be admitted;	4373

~~(b)~~(ii) Retain as a resident of the nursing facility an	4374
individual because the individual is, or may (as a resident of the	4375
nursing facility) become, a medicaid recipient.	4376

~~(B)~~(C) For the purpose of division ~~(A)~~(B)(2)(b)(ii) of this	4377
section, a medicaid recipient who is a resident of a nursing	4378
facility shall be considered a resident of the nursing facility	4379
during any hospital stays totaling less than twenty-five days	4380
during any twelve-month period.	4381

~~(C)~~(D) Nothing in this section shall bar a provider from	4382
doing any of the following:	4383

(1) If the provider is a religious organization operating a	4384
religious or denominational nursing facility from giving	4385
preference to persons of the same religion or denomination;	4386

(2) Giving preference to persons with whom the provider has	4387
contracted to provide continuing care;	4388

(3) If the nursing facility is a county home organized under	4389
Chapter 5155. of the Revised Code, admitting residents exclusively	4390
from the county in which the county home is located;	4391

(4) Retaining residents who have resided in the provider's	4392
nursing facility for not less than one year as private pay	4393
patients and who subsequently become medicaid recipients, but	4394
refusing to accept as a resident any person who is, or may (as a	4395
resident of the nursing facility) become a medicaid recipient, if	4396
all of the following apply:	4397

(a) The provider does not refuse to retain any resident who	4398
has resided in the provider's nursing facility for not less than	4399
one year as a private pay resident because the resident becomes a	4400
medicaid recipient, except as necessary to comply with division	4401
~~(C)~~(D)(4)(b) of this section;	4402

(b) The number of medicaid recipients retained under division	4403
~~(C)~~(D)(4) of this section does not at any time exceed ten per cent	4404
of all the residents in the nursing facility;	4405

(c) On July 1, 1980, all the residents in the nursing	4406
facility were private pay residents.	4407

~~(D)~~(E) No provider shall violate the provider agreement	4408
obligations imposed by this section.	4409

(F) A nursing facility provider who excludes one or more	4410
parts of the nursing facility from a provider agreement pursuant	4411
to division (B)(1) of this section does not violate division (C)	4412
of section 3702.53 of the Revised Code.	4413

Sec. 5165.513. (A) A provider that enters into a provider	4414
agreement with the department of medicaid under section 5165.511	4415
or 5165.512 of the Revised Code shall do all of the following:	4416

~~(A)~~(1) Comply with all applicable federal statutes and	4417
regulations;	4418

~~(B)~~(2) Comply with section 5165.07 of the Revised Code and	4419
all other applicable state statutes and rules;	4420

~~(C)~~(3) Subject to division (B) of this section, comply with	4421
all the terms and conditions of the exiting operator's provider	4422
agreement, including, but not limited to, all of the following:	4423

~~(1)~~(a) Any plan of correction;

4424

~~(2)~~(b) Compliance with health and safety standards;

4425

~~(3)~~(c) Compliance with the ownership and financial interest	4426
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	4427

~~(4)~~(d) Compliance with the civil rights requirements of 45	4428
C.F.R. parts 80, 84, and 90;	4429

~~(5)~~(e) Compliance with additional requirements imposed by the	4430
department;	4431

~~(6)~~(f) Any sanctions relating to remedies for violation of	4432
the provider agreement, including deficiencies, compliance	4433
periods, accountability periods, monetary penalties, notification	4434
for correction of contract violations, and history of	4435
deficiencies.	4436

(B) Division (A)(3) of this section does not prohibit a	4437
nursing facility provider from excluding one or more parts of the	4438
nursing facility from the provider agreement pursuant to division	4439
(B)(1) of section 5165.08 of the Revised Code.	4440

Sec. 5165.515. The department of medicaid may enter into a	4441
provider agreement as provided in section 5165.07 of the Revised	4442
Code, rather than section 5165.511 or 5165.512 of the Revised	4443
Code, with an entering operator if the entering operator does not	4444
agree to a provider agreement that satisfies the requirements of	4445
division ~~(C)~~(A)(3) of section 5165.513 of the Revised Code. The	4446
department may not enter into the provider agreement unless the	4447
department of health certifies the nursing facility for	4448
participation in medicaid. The effective date of the provider	4449
agreement shall not precede any of the following:	4450

(A) The date that the department of health certifies the	4451
nursing facility;	4452

(B) The effective date of the change of operator;

4453

(C) The date the requirement of section 5165.51 of the	4454
Revised Code is satisfied.	4455

Sec. 5165.99. (A) Whoever violates section 5165.102 or	4456
division ~~(D)~~(E) of section 5165.08 of the Revised Code shall be	4457
fined not less than five hundred dollars nor more than one	4458
thousand dollars for the first offense and not less than one	4459
thousand dollars nor more than five thousand dollars for each	4460
subsequent offense. Fines paid under this section shall be	4461
deposited in the state treasury to the credit of the general	4462
revenue fund.	4463

(B) Whoever violates division (D) of section 5165.88 of the	4464
Revised Code is guilty of registering a false complaint, a	4465
misdemeanor of the first degree.	4466

Section 2. That existing sections 2925.02, 3701.63, 3701.64,	4467
3719.01, 3719.061, 3729.05, 4715.14, 4715.30, 4723.28, 4723.481,	4468
4723.486, 4725.16, 4725.19, 4729.12, 4729.16, 4729.18, 4729.41,	4469
4729.85, 4729.86, 4730.25, 4730.41, 4730.48, 4731.22, 4731.281,	4470
4773.03, 4773.08, 5104.015, 5104.017, 5104.018, 5165.08, 5165.513,	4471
5165.515, and 5165.99 and sections 4715.15, 4723.433, 4730.093,	4472
and 4731.22 of the Revised Code are hereby repealed.	4473

Section 3. That the versions of sections 4715.30, 4715.302,	4474
4723.28, 4723.487, 4725.092, 4725.19, 4730.25, 4730.53, 4731.055,	4475
and 4731.22 of the Revised Code that are scheduled to take effect	4476
April 1, 2015, be amended to read as follows:	4477

Sec. 4715.30. (A) An applicant for or holder of a	4478
certificate or license issued under this chapter is subject to	4479
disciplinary action by the state dental board for any of the	4480
following reasons:	4481

(1) Employing or cooperating in fraud or material deception	4482
in applying for or obtaining a license or certificate;	4483

(2) Obtaining or attempting to obtain money or anything of	4484
value by intentional misrepresentation or material deception in	4485
the course of practice;	4486

(3) Advertising services in a false or misleading manner or	4487
violating the board's rules governing time, place, and manner of	4488
advertising;	4489

(4) Commission of an act that constitutes a felony in this	4490
state, regardless of the jurisdiction in which the act was	4491
committed;	4492

(5) Commission of an act in the course of practice that	4493
constitutes a misdemeanor in this state, regardless of the	4494
jurisdiction in which the act was committed;	4495

(6) Conviction of, a plea of guilty to, a judicial finding of	4496
guilt of, a judicial finding of guilt resulting from a plea of no	4497
contest to, or a judicial finding of eligibility for intervention	4498
in lieu of conviction for, any felony or of a misdemeanor	4499
committed in the course of practice;	4500

(7) Engaging in lewd or immoral conduct in connection with	4501
the provision of dental services;	4502

(8) Selling, prescribing, giving away, or administering drugs	4503
for other than legal and legitimate therapeutic purposes, or	4504
conviction of, a plea of guilty to, a judicial finding of guilt	4505
of, a judicial finding of guilt resulting from a plea of no	4506
contest to, or a judicial finding of eligibility for intervention	4507
in lieu of conviction for, a violation of any federal or state law	4508
regulating the possession, distribution, or use of any drug;	4509

(9) Providing or allowing dental hygienists, expanded	4510
function dental auxiliaries, or other practitioners of auxiliary	4511
dental occupations working under the certificate or license	4512
holder's supervision, or a dentist holding a temporary limited	4513
continuing education license under division (C) of section 4715.16	4514
of the Revised Code working under the certificate or license	4515
holder's direct supervision, to provide dental care that departs	4516
from or fails to conform to accepted standards for the profession,	4517
whether or not injury to a patient results;	4518

(10) Inability to practice under accepted standards of the	4519
profession because of physical or mental disability, dependence on	4520
alcohol or other drugs, or excessive use of alcohol or other	4521
drugs;	4522

(11) Violation of any provision of this chapter or any rule	4523
adopted thereunder;	4524

(12) Failure to use universal blood and body fluid	4525
precautions established by rules adopted under section 4715.03 of	4526
the Revised Code;	4527

(13) Except as provided in division (H) of this section,	4528
either of the following:	4529

(a) Waiving the payment of all or any part of a deductible or	4530
copayment that a patient, pursuant to a health insurance or health	4531
care policy, contract, or plan that covers dental services, would	4532
otherwise be required to pay if the waiver is used as an	4533
enticement to a patient or group of patients to receive health	4534
care services from that certificate or license holder;	4535

(b) Advertising that the certificate or license holder will	4536
waive the payment of all or any part of a deductible or copayment	4537
that a patient, pursuant to a health insurance or health care	4538
policy, contract, or plan that covers dental services, would	4539
otherwise be required to pay.	4540

(14) Failure to comply with section 4715.302 or 4729.79 of	4541
the Revised Code, unless the state board of pharmacy no longer	4542
maintains a drug database pursuant to section 4729.75 of the	4543
Revised Code;	4544

(15) Any of the following actions taken by an agency	4545
responsible for authorizing, certifying, or regulating an	4546
individual to practice a health care occupation or provide health	4547
care services in this state or another jurisdiction, for any	4548
reason other than the nonpayment of fees: the limitation,	4549
revocation, or suspension of an individual's license to practice;	4550
acceptance of an individual's license surrender; denial of a	4551
license; refusal to renew or reinstate a license; imposition of	4552
probation; or issuance of an order of censure or other reprimand;	4553

(16) Failure to cooperate in an investigation conducted by	4554
the board under division (D) of section 4715.03 of the Revised	4555
Code, including failure to comply with a subpoena or order issued	4556
by the board or failure to answer truthfully a question presented	4557
by the board at a deposition or in written interrogatories, except	4558
that failure to cooperate with an investigation shall not	4559
constitute grounds for discipline under this section if a court of	4560
competent jurisdiction has issued an order that either quashes a	4561
subpoena or permits the individual to withhold the testimony or	4562
evidence in issue;	4563

(17) Failure to comply with the requirements in section	4564
3719.061 of the Revised Code before issuing tofor a minor a	4565
prescription for ~~a controlled substance containing~~ an opioid	4566
analgesic, as defined in section 3719.01 of the Revised Code.	4567

(B) A manager, proprietor, operator, or conductor of a dental	4568
facility shall be subject to disciplinary action if any dentist,	4569
dental hygienist, expanded function dental auxiliary, or qualified	4570
personnel providing services in the facility is found to have	4571
committed a violation listed in division (A) of this section and	4572
the manager, proprietor, operator, or conductor knew of the	4573
violation and permitted it to occur on a recurring basis.	4574

(C) Subject to Chapter 119. of the Revised Code, the board	4575
may take one or more of the following disciplinary actions if one	4576
or more of the grounds for discipline listed in divisions (A) and	4577
(B) of this section exist:	4578

(1) Censure the license or certificate holder;

4579

(2) Place the license or certificate on probationary status	4580
for such period of time the board determines necessary and require	4581
the holder to:	4582

(a) Report regularly to the board upon the matters which are	4583
the basis of probation;	4584

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

4585

(c) Continue or renew professional education until a	4586
satisfactory degree of knowledge or clinical competency has been	4587
attained in specified areas.	4588

(3) Suspend the certificate or license;

4589

(4) Revoke the certificate or license.

4590

Where the board places a holder of a license or certificate	4591
on probationary status pursuant to division (C)(2) of this	4592
section, the board may subsequently suspend or revoke the license	4593
or certificate if it determines that the holder has not met the	4594
requirements of the probation or continues to engage in activities	4595
that constitute grounds for discipline pursuant to division (A) or	4596
(B) of this section.	4597

Any order suspending a license or certificate shall state the	4598
conditions under which the license or certificate will be	4599
restored, which may include a conditional restoration during which	4600
time the holder is in a probationary status pursuant to division	4601
(C)(2) of this section. The board shall restore the license or	4602
certificate unconditionally when such conditions are met.	4603

(D) If the physical or mental condition of an applicant or a	4604
license or certificate holder is at issue in a disciplinary	4605
proceeding, the board may order the license or certificate holder	4606
to submit to reasonable examinations by an individual designated	4607
or approved by the board and at the board's expense. The physical	4608
examination may be conducted by any individual authorized by the	4609
Revised Code to do so, including a physician assistant, a clinical	4610
nurse specialist, a certified nurse practitioner, or a certified	4611
nurse-midwife. Any written documentation of the physical	4612
examination shall be completed by the individual who conducted the	4613
examination.	4614

Failure to comply with an order for an examination shall be	4615
grounds for refusal of a license or certificate or summary	4616
suspension of a license or certificate under division (E) of this	4617
section.	4618

(E) If a license or certificate holder has failed to comply	4619
with an order under division (D) of this section, the board may	4620
apply to the court of common pleas of the county in which the	4621
holder resides for an order temporarily suspending the holder's	4622
license or certificate, without a prior hearing being afforded by	4623
the board, until the board conducts an adjudication hearing	4624
pursuant to Chapter 119. of the Revised Code. If the court	4625
temporarily suspends a holder's license or certificate, the board	4626
shall give written notice of the suspension personally or by	4627
certified mail to the license or certificate holder. Such notice	4628
shall inform the license or certificate holder of the right to a	4629
hearing pursuant to Chapter 119. of the Revised Code.	4630

(F) Any holder of a certificate or license issued under this	4631
chapter who has pleaded guilty to, has been convicted of, or has	4632
had a judicial finding of eligibility for intervention in lieu of	4633
conviction entered against the holder in this state for aggravated	4634
murder, murder, voluntary manslaughter, felonious assault,	4635
kidnapping, rape, sexual battery, gross sexual imposition,	4636
aggravated arson, aggravated robbery, or aggravated burglary, or	4637
who has pleaded guilty to, has been convicted of, or has had a	4638
judicial finding of eligibility for treatment or intervention in	4639
lieu of conviction entered against the holder in another	4640
jurisdiction for any substantially equivalent criminal offense, is	4641
automatically suspended from practice under this chapter in this	4642
state and any certificate or license issued to the holder under	4643
this chapter is automatically suspended, as of the date of the	4644
guilty plea, conviction, or judicial finding, whether the	4645
proceedings are brought in this state or another jurisdiction.	4646
Continued practice by an individual after the suspension of the	4647
individual's certificate or license under this division shall be	4648
considered practicing without a certificate or license. The board	4649
shall notify the suspended individual of the suspension of the	4650
individual's certificate or license under this division by	4651
certified mail or in person in accordance with section 119.07 of	4652
the Revised Code. If an individual whose certificate or license is	4653
suspended under this division fails to make a timely request for	4654
an adjudicatory hearing, the board shall enter a final order	4655
revoking the individual's certificate or license.	4656

(G) If the supervisory investigative panel determines both of	4657
the following, the panel may recommend that the board suspend an	4658
individual's certificate or license without a prior hearing:	4659

(1) That there is clear and convincing evidence that an	4660
individual has violated division (A) of this section;	4661

(2) That the individual's continued practice presents a	4662
danger of immediate and serious harm to the public.	4663

Written allegations shall be prepared for consideration by	4664
the board. The board, upon review of those allegations and by an	4665
affirmative vote of not fewer than four dentist members of the	4666
board and seven of its members in total, excluding any member on	4667
the supervisory investigative panel, may suspend a certificate or	4668
license without a prior hearing. A telephone conference call may	4669
be utilized for reviewing the allegations and taking the vote on	4670
the summary suspension.	4671

The board shall issue a written order of suspension by	4672
certified mail or in person in accordance with section 119.07 of	4673
the Revised Code. The order shall not be subject to suspension by	4674
the court during pendency or any appeal filed under section 119.12	4675
of the Revised Code. If the individual subject to the summary	4676
suspension requests an adjudicatory hearing by the board, the date	4677
set for the hearing shall be within fifteen days, but not earlier	4678
than seven days, after the individual requests the hearing, unless	4679
otherwise agreed to by both the board and the individual.	4680

Any summary suspension imposed under this division shall	4681
remain in effect, unless reversed on appeal, until a final	4682
adjudicative order issued by the board pursuant to this section	4683
and Chapter 119. of the Revised Code becomes effective. The board	4684
shall issue its final adjudicative order within seventy-five days	4685
after completion of its hearing. A failure to issue the order	4686
within seventy-five days shall result in dissolution of the	4687
summary suspension order but shall not invalidate any subsequent,	4688
final adjudicative order.	4689

(H) Sanctions shall not be imposed under division (A)(13) of	4690
this section against any certificate or license holder who waives	4691
deductibles and copayments as follows:	4692

(1) In compliance with the health benefit plan that expressly	4693
allows such a practice. Waiver of the deductibles or copayments	4694
shall be made only with the full knowledge and consent of the plan	4695
purchaser, payer, and third-party administrator. Documentation of	4696
the consent shall be made available to the board upon request.	4697

(2) For professional services rendered to any other person	4698
who holds a certificate or license issued pursuant to this chapter	4699
to the extent allowed by this chapter and the rules of the board.	4700

(I) In no event shall the board consider or raise during a	4701
hearing required by Chapter 119. of the Revised Code the	4702
circumstances of, or the fact that the board has received, one or	4703
more complaints about a person unless the one or more complaints	4704
are the subject of the hearing or resulted in the board taking an	4705
action authorized by this section against the person on a prior	4706
occasion.	4707

(J) The board may share any information it receives pursuant	4708
to an investigation under division (D) of section 4715.03 of the	4709
Revised Code, including patient records and patient record	4710
information, with law enforcement agencies, other licensing	4711
boards, and other governmental agencies that are prosecuting,	4712
adjudicating, or investigating alleged violations of statutes or	4713
administrative rules. An agency or board that receives the	4714
information shall comply with the same requirements regarding	4715
confidentiality as those with which the state dental board must	4716
comply, notwithstanding any conflicting provision of the Revised	4717
Code or procedure of the agency or board that applies when it is	4718
dealing with other information in its possession. In a judicial	4719
proceeding, the information may be admitted into evidence only in	4720
accordance with the Rules of Evidence, but the court shall require	4721
that appropriate measures are taken to ensure that confidentiality	4722
is maintained with respect to any part of the information that	4723
contains names or other identifying information about patients or	4724
complainants whose confidentiality was protected by the state	4725
dental board when the information was in the board's possession.	4726
Measures to ensure confidentiality that may be taken by the court	4727
include sealing its records or deleting specific information from	4728
its records.	4729

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

4730

(1) "Drug database" means the database established and	4731
maintained by the state board of pharmacy pursuant to section	4732
4729.75 of the Revised Code.	4733

(2) "Opioid analgesic" and "benzodiazepine" have the same	4734
meanings as in section 3719.01 of the Revised Code.	4735

(B) Except as provided in divisions (C) and (E) of this	4736
section, a dentist shall comply with all of the following as	4737
conditions of prescribing a drug that is either an opioid	4738
analgesic or a benzodiazepine, or personally furnishing a complete	4739
or partial supply of such a drug, as part of a patient's course of	4740
treatment for a particular condition:	4741

(1) Before initially prescribing or furnishing the drug, the	4742
dentist or the dentist's delegate shall request from the drug	4743
database a report of information related to the patient that	4744
covers at least the twelve months immediately preceding the date	4745
of the request. If the dentist practices primarily in a county of	4746
this state that adjoins another state, the dentist or delegate	4747
also shall request a report of any information available in the	4748
drug database that pertains to prescriptions issued or drugs	4749
furnished to the patient in the state adjoining that county.	4750

(2) If the patient's course of treatment for the condition	4751
continues for more than ninety days after the initial report is	4752
requested, the dentist or delegate shall make periodic requests	4753
for reports of information from the drug database until the course	4754
of treatment has ended. The requests shall be made at intervals	4755
not exceeding ninety days, determined according to the date the	4756
initial request was made. The request shall be made in the same	4757
manner provided in division (B)(1) of this section for requesting	4758
the initial report of information from the drug database.	4759

(3) On receipt of a report under division (B)(1) or (2) of	4760
this section, the dentist shall assess the information in the	4761
report. The dentist shall document in the patient's record that	4762
the report was received and the information was assessed.	4763

(C)(1) Division (B) of this section does not apply if a drug	4764
database report regarding the patient is not available. In this	4765
event, the dentist shall document in the patient's record the	4766
reason that the report is not available.	4767

(2) Division (B) of this section does not apply if the drug	4768
is prescribed or personally furnished in an amount indicated for a	4769
period not to exceed seven days.	4770

(D) ~~With respect to prescribing or personally furnishing any~~	4771
~~drug that is not an opioid analgesic or a benzodiazepine but is~~	4772
~~included in the drug database pursuant to rules adopted under~~	4773
~~section 4729.84 of the Revised Code, the~~The state dental board	4774
~~shall~~may adopt rules that establish standards and procedures to	4775
be followed by a dentist regarding the review of patient	4776
information available through the drug database under division	4777
(A)(5) of section 4729.80 of the Revised Code. The rules shall be	4778
adopted in accordance with Chapter 119. of the Revised Code.	4779

(E) This section and ~~the~~any rules adopted under it do not	4780
apply if the state board of pharmacy no longer maintains the drug	4781
database.	4782

Sec. 4723.28. (A) The board of nursing, by a vote of a	4783
quorum, may impose one or more of the following sanctions if it	4784
finds that a person committed fraud in passing an examination	4785
required to obtain a license, certificate of authority, or	4786
dialysis technician certificate issued by the board or to have	4787
committed fraud, misrepresentation, or deception in applying for	4788
or securing any nursing license, certificate of authority, or	4789
dialysis technician certificate issued by the board: deny, revoke,	4790
suspend, or place restrictions on any nursing license, certificate	4791
of authority, or dialysis technician certificate issued by the	4792
board; reprimand or otherwise discipline a holder of a nursing	4793
license, certificate of authority, or dialysis technician	4794
certificate; or impose a fine of not more than five hundred	4795
dollars per violation.	4796

(B) The board of nursing, by a vote of a quorum, may impose	4797
one or more of the following sanctions: deny, revoke, suspend, or	4798
place restrictions on any nursing license, certificate of	4799
authority, or dialysis technician certificate issued by the board;	4800
reprimand or otherwise discipline a holder of a nursing license,	4801
certificate of authority, or dialysis technician certificate; or	4802
impose a fine of not more than five hundred dollars per violation.	4803
The sanctions may be imposed for any of the following:	4804

(1) Denial, revocation, suspension, or restriction of	4805
authority to engage in a licensed profession or practice a health	4806
care occupation, including nursing or practice as a dialysis	4807
technician, for any reason other than a failure to renew, in Ohio	4808
or another state or jurisdiction;	4809

(2) Engaging in the practice of nursing or engaging in	4810
practice as a dialysis technician, having failed to renew a	4811
nursing license or dialysis technician certificate issued under	4812
this chapter, or while a nursing license or dialysis technician	4813
certificate is under suspension;	4814

(3) Conviction of, a plea of guilty to, a judicial finding of	4815
guilt of, a judicial finding of guilt resulting from a plea of no	4816
contest to, or a judicial finding of eligibility for a pretrial	4817
diversion or similar program or for intervention in lieu of	4818
conviction for, a misdemeanor committed in the course of practice;	4819

(4) Conviction of, a plea of guilty to, a judicial finding of	4820
guilt of, a judicial finding of guilt resulting from a plea of no	4821
contest to, or a judicial finding of eligibility for a pretrial	4822
diversion or similar program or for intervention in lieu of	4823
conviction for, any felony or of any crime involving gross	4824
immorality or moral turpitude;	4825

(5) Selling, giving away, or administering drugs or	4826
therapeutic devices for other than legal and legitimate	4827
therapeutic purposes; or conviction of, a plea of guilty to, a	4828
judicial finding of guilt of, a judicial finding of guilt	4829
resulting from a plea of no contest to, or a judicial finding of	4830
eligibility for a pretrial diversion or similar program or for	4831
intervention in lieu of conviction for, violating any municipal,	4832
state, county, or federal drug law;	4833

(6) Conviction of, a plea of guilty to, a judicial finding of	4834
guilt of, a judicial finding of guilt resulting from a plea of no	4835
contest to, or a judicial finding of eligibility for a pretrial	4836
diversion or similar program or for intervention in lieu of	4837
conviction for, an act in another jurisdiction that would	4838
constitute a felony or a crime of moral turpitude in Ohio;	4839

(7) Conviction of, a plea of guilty to, a judicial finding of	4840
guilt of, a judicial finding of guilt resulting from a plea of no	4841
contest to, or a judicial finding of eligibility for a pretrial	4842
diversion or similar program or for intervention in lieu of	4843
conviction for, an act in the course of practice in another	4844
jurisdiction that would constitute a misdemeanor in Ohio;	4845

(8) Self-administering or otherwise taking into the body any	4846
dangerous drug, as defined in section 4729.01 of the Revised Code,	4847
in any way that is not in accordance with a legal, valid	4848
prescription issued for that individual, or self-administering or	4849
otherwise taking into the body any drug that is a schedule I	4850
controlled substance;	4851

(9) Habitual or excessive use of controlled substances, other	4852
habit-forming drugs, or alcohol or other chemical substances to an	4853
extent that impairs the individual's ability to provide safe	4854
nursing care or safe dialysis care;	4855

(10) Impairment of the ability to practice according to	4856
acceptable and prevailing standards of safe nursing care or safe	4857
dialysis care because of the use of drugs, alcohol, or other	4858
chemical substances;	4859

(11) Impairment of the ability to practice according to	4860
acceptable and prevailing standards of safe nursing care or safe	4861
dialysis care because of a physical or mental disability;	4862

(12) Assaulting or causing harm to a patient or depriving a	4863
patient of the means to summon assistance;	4864

(13) Misappropriation or attempted misappropriation of money	4865
or anything of value in the course of practice;	4866

(14) Adjudication by a probate court of being mentally ill or	4867
mentally incompetent. The board may reinstate the person's nursing	4868
license or dialysis technician certificate upon adjudication by a	4869
probate court of the person's restoration to competency or upon	4870
submission to the board of other proof of competency.	4871

(15) The suspension or termination of employment by the	4872
department of defense or the veterans administration of the United	4873
States for any act that violates or would violate this chapter;	4874

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

4875

(17) Violation of any restrictions placed by the board on a	4876
nursing license or dialysis technician certificate;	4877

(18) Failure to use universal and standard precautions	4878
established by rules adopted under section 4723.07 of the Revised	4879
Code;	4880

(19) Failure to practice in accordance with acceptable and	4881
prevailing standards of safe nursing care or safe dialysis care;	4882

(20) In the case of a registered nurse, engaging in	4883
activities that exceed the practice of nursing as a registered	4884
nurse;	4885

(21) In the case of a licensed practical nurse, engaging in	4886
activities that exceed the practice of nursing as a licensed	4887
practical nurse;	4888

(22) In the case of a dialysis technician, engaging in	4889
activities that exceed those permitted under section 4723.72 of	4890
the Revised Code;	4891

(23) Aiding and abetting a person in that person's practice	4892
of nursing without a license or practice as a dialysis technician	4893
without a certificate issued under this chapter;	4894

(24) In the case of a certified registered nurse anesthetist,	4895
clinical nurse specialist, certified nurse-midwife, or certified	4896
nurse practitioner, except as provided in division (M) of this	4897
section, either of the following:	4898

(a) Waiving the payment of all or any part of a deductible or	4899
copayment that a patient, pursuant to a health insurance or health	4900
care policy, contract, or plan that covers such nursing services,	4901
would otherwise be required to pay if the waiver is used as an	4902
enticement to a patient or group of patients to receive health	4903
care services from that provider;	4904

(b) Advertising that the nurse will waive the payment of all	4905
or any part of a deductible or copayment that a patient, pursuant	4906
to a health insurance or health care policy, contract, or plan	4907
that covers such nursing services, would otherwise be required to	4908
pay.	4909

(25) Failure to comply with the terms and conditions of	4910
participation in the chemical dependency monitoring program	4911
established under section 4723.35 of the Revised Code;	4912

(26) Failure to comply with the terms and conditions required	4913
under the practice intervention and improvement program	4914
established under section 4723.282 of the Revised Code;	4915

(27) In the case of a certified registered nurse anesthetist,	4916
clinical nurse specialist, certified nurse-midwife, or certified	4917
nurse practitioner:	4918

(a) Engaging in activities that exceed those permitted for	4919
the nurse's nursing specialty under section 4723.43 of the Revised	4920
Code;	4921

(b) Failure to meet the quality assurance standards	4922
established under section 4723.07 of the Revised Code.	4923

(28) In the case of a clinical nurse specialist, certified	4924
nurse-midwife, or certified nurse practitioner, failure to	4925
maintain a standard care arrangement in accordance with section	4926
4723.431 of the Revised Code or to practice in accordance with the	4927
standard care arrangement;	4928

(29) In the case of a clinical nurse specialist, certified	4929
nurse-midwife, or certified nurse practitioner who holds a	4930
certificate to prescribe issued under section 4723.48 of the	4931
Revised Code, failure to prescribe drugs and therapeutic devices	4932
in accordance with section 4723.481 of the Revised Code;	4933

(30) Prescribing any drug or device to perform or induce an	4934
abortion, or otherwise performing or inducing an abortion;	4935

(31) Failure to establish and maintain professional	4936
boundaries with a patient, as specified in rules adopted under	4937
section 4723.07 of the Revised Code;	4938

(32) Regardless of whether the contact or verbal behavior is	4939
consensual, engaging with a patient other than the spouse of the	4940
registered nurse, licensed practical nurse, or dialysis technician	4941
in any of the following:	4942

(a) Sexual contact, as defined in section 2907.01 of the	4943
Revised Code;	4944

(b) Verbal behavior that is sexually demeaning to the patient	4945
or may be reasonably interpreted by the patient as sexually	4946
demeaning.	4947

(33) Assisting suicide, as defined in section 3795.01 of the	4948
Revised Code;	4949

(34) Failure to comply with the requirements in section	4950
3719.061 of the Revised Code before issuing tofor a minor a	4951
prescription for ~~a controlled substance containing~~ an opioid.	4952
analgesic, as defined in section 3719.01 of the Revised Code;	4953

~~(34)~~(35) Failure to comply with section 4723.487 of the	4954
Revised Code, unless the state board of pharmacy no longer	4955
maintains a drug database pursuant to section 4729.75 of the	4956
Revised Code.	4957

(C) Disciplinary actions taken by the board under divisions	4958
(A) and (B) of this section shall be taken pursuant to an	4959
adjudication conducted under Chapter 119. of the Revised Code,	4960
except that in lieu of a hearing, the board may enter into a	4961
consent agreement with an individual to resolve an allegation of a	4962
violation of this chapter or any rule adopted under it. A consent	4963
agreement, when ratified by a vote of a quorum, shall constitute	4964
the findings and order of the board with respect to the matter	4965
addressed in the agreement. If the board refuses to ratify a	4966
consent agreement, the admissions and findings contained in the	4967
agreement shall be of no effect.	4968

(D) The hearings of the board shall be conducted in	4969
accordance with Chapter 119. of the Revised Code, the board may	4970
appoint a hearing examiner, as provided in section 119.09 of the	4971
Revised Code, to conduct any hearing the board is authorized to	4972
hold under Chapter 119. of the Revised Code.	4973

In any instance in which the board is required under Chapter	4974
119. of the Revised Code to give notice of an opportunity for a	4975
hearing and the applicant, licensee, or certificate holder does	4976
not make a timely request for a hearing in accordance with section	4977
119.07 of the Revised Code, the board is not required to hold a	4978
hearing, but may adopt, by a vote of a quorum, a final order that	4979
contains the board's findings. In the final order, the board may	4980
order any of the sanctions listed in division (A) or (B) of this	4981
section.	4982

(E) If a criminal action is brought against a registered	4983
nurse, licensed practical nurse, or dialysis technician for an act	4984
or crime described in divisions (B)(3) to (7) of this section and	4985
the action is dismissed by the trial court other than on the	4986
merits, the board shall conduct an adjudication to determine	4987
whether the registered nurse, licensed practical nurse, or	4988
dialysis technician committed the act on which the action was	4989
based. If the board determines on the basis of the adjudication	4990
that the registered nurse, licensed practical nurse, or dialysis	4991
technician committed the act, or if the registered nurse, licensed	4992
practical nurse, or dialysis technician fails to participate in	4993
the adjudication, the board may take action as though the	4994
registered nurse, licensed practical nurse, or dialysis technician	4995
had been convicted of the act.	4996

If the board takes action on the basis of a conviction, plea,	4997
or a judicial finding as described in divisions (B)(3) to (7) of	4998
this section that is overturned on appeal, the registered nurse,	4999
licensed practical nurse, or dialysis technician may, on	5000
exhaustion of the appeal process, petition the board for	5001
reconsideration of its action. On receipt of the petition and	5002
supporting court documents, the board shall temporarily rescind	5003
its action. If the board determines that the decision on appeal	5004
was a decision on the merits, it shall permanently rescind its	5005
action. If the board determines that the decision on appeal was	5006
not a decision on the merits, it shall conduct an adjudication to	5007
determine whether the registered nurse, licensed practical nurse,	5008
or dialysis technician committed the act on which the original	5009
conviction, plea, or judicial finding was based. If the board	5010
determines on the basis of the adjudication that the registered	5011
nurse, licensed practical nurse, or dialysis technician committed	5012
such act, or if the registered nurse, licensed practical nurse, or	5013
dialysis technician does not request an adjudication, the board	5014
shall reinstate its action; otherwise, the board shall permanently	5015
rescind its action.	5016

Notwithstanding the provision of division (C)(2) of section	5017
2953.32 of the Revised Code specifying that if records pertaining	5018
to a criminal case are sealed under that section the proceedings	5019
in the case shall be deemed not to have occurred, sealing of the	5020
following records on which the board has based an action under	5021
this section shall have no effect on the board's action or any	5022
sanction imposed by the board under this section: records of any	5023
conviction, guilty plea, judicial finding of guilt resulting from	5024
a plea of no contest, or a judicial finding of eligibility for a	5025
pretrial diversion program or intervention in lieu of conviction.	5026

The board shall not be required to seal, destroy, redact, or	5027
otherwise modify its records to reflect the court's sealing of	5028
conviction records.	5029

(F) The board may investigate an individual's criminal	5030
background in performing its duties under this section. As part of	5031
such investigation, the board may order the individual to submit,	5032
at the individual's expense, a request to the bureau of criminal	5033
identification and investigation for a criminal records check and	5034
check of federal bureau of investigation records in accordance	5035
with the procedure described in section 4723.091 of the Revised	5036
Code.	5037

(G) During the course of an investigation conducted under	5038
this section, the board may compel any registered nurse, licensed	5039
practical nurse, or dialysis technician or applicant under this	5040
chapter to submit to a mental or physical examination, or both, as	5041
required by the board and at the expense of the individual, if the	5042
board finds reason to believe that the individual under	5043
investigation may have a physical or mental impairment that may	5044
affect the individual's ability to provide safe nursing care.	5045
Failure of any individual to submit to a mental or physical	5046
examination when directed constitutes an admission of the	5047
allegations, unless the failure is due to circumstances beyond the	5048
individual's control, and a default and final order may be entered	5049
without the taking of testimony or presentation of evidence.	5050

If the board finds that an individual is impaired, the board	5051
shall require the individual to submit to care, counseling, or	5052
treatment approved or designated by the board, as a condition for	5053
initial, continued, reinstated, or renewed authority to practice.	5054
The individual shall be afforded an opportunity to demonstrate to	5055
the board that the individual can begin or resume the individual's	5056
occupation in compliance with acceptable and prevailing standards	5057
of care under the provisions of the individual's authority to	5058
practice.	5059

For purposes of this division, any registered nurse, licensed	5060
practical nurse, or dialysis technician or applicant under this	5061
chapter shall be deemed to have given consent to submit to a	5062
mental or physical examination when directed to do so in writing	5063
by the board, and to have waived all objections to the	5064
admissibility of testimony or examination reports that constitute	5065
a privileged communication.	5066

(H) The board shall investigate evidence that appears to show	5067
that any person has violated any provision of this chapter or any	5068
rule of the board. Any person may report to the board any	5069
information the person may have that appears to show a violation	5070
of any provision of this chapter or rule of the board. In the	5071
absence of bad faith, any person who reports such information or	5072
who testifies before the board in any adjudication conducted under	5073
Chapter 119. of the Revised Code shall not be liable for civil	5074
damages as a result of the report or testimony.	5075

(I) All of the following apply under this chapter with	5076
respect to the confidentiality of information:	5077

(1) Information received by the board pursuant to a complaint	5078
or an investigation is confidential and not subject to discovery	5079
in any civil action, except that the board may disclose	5080
information to law enforcement officers and government entities	5081
for purposes of an investigation of either a licensed health care	5082
professional, including a registered nurse, licensed practical	5083
nurse, or dialysis technician, or a person who may have engaged in	5084
the unauthorized practice of nursing or dialysis care. No law	5085
enforcement officer or government entity with knowledge of any	5086
information disclosed by the board pursuant to this division shall	5087
divulge the information to any other person or government entity	5088
except for the purpose of a government investigation, a	5089
prosecution, or an adjudication by a court or government entity.	5090

(2) If an investigation requires a review of patient records,	5091
the investigation and proceeding shall be conducted in such a	5092
manner as to protect patient confidentiality.	5093

(3) All adjudications and investigations of the board shall	5094
be considered civil actions for the purposes of section 2305.252	5095
of the Revised Code.	5096

(4) Any board activity that involves continued monitoring of	5097
an individual as part of or following any disciplinary action	5098
taken under this section shall be conducted in a manner that	5099
maintains the individual's confidentiality. Information received	5100
or maintained by the board with respect to the board's monitoring	5101
activities is not subject to discovery in any civil action and is	5102
confidential, except that the board may disclose information to	5103
law enforcement officers and government entities for purposes of	5104
an investigation of a licensee or certificate holder.	5105

(J) Any action taken by the board under this section	5106
resulting in a suspension from practice shall be accompanied by a	5107
written statement of the conditions under which the person may be	5108
reinstated to practice.	5109

(K) When the board refuses to grant a license or certificate	5110
to an applicant, revokes a license or certificate, or refuses to	5111
reinstate a license or certificate, the board may specify that its	5112
action is permanent. An individual subject to permanent action	5113
taken by the board is forever ineligible to hold a license or	5114
certificate of the type that was refused or revoked and the board	5115
shall not accept from the individual an application for	5116
reinstatement of the license or certificate or for a new license	5117
or certificate.	5118

(L) No unilateral surrender of a nursing license, certificate	5119
of authority, or dialysis technician certificate issued under this	5120
chapter shall be effective unless accepted by majority vote of the	5121
board. No application for a nursing license, certificate of	5122
authority, or dialysis technician certificate issued under this	5123
chapter may be withdrawn without a majority vote of the board. The	5124
board's jurisdiction to take disciplinary action under this	5125
section is not removed or limited when an individual has a license	5126
or certificate classified as inactive or fails to renew a license	5127
or certificate.	5128

(M) Sanctions shall not be imposed under division (B)(24) of	5129
this section against any licensee who waives deductibles and	5130
copayments as follows:	5131

(1) In compliance with the health benefit plan that expressly	5132
allows such a practice. Waiver of the deductibles or copayments	5133
shall be made only with the full knowledge and consent of the plan	5134
purchaser, payer, and third-party administrator. Documentation of	5135
the consent shall be made available to the board upon request.	5136

(2) For professional services rendered to any other person	5137
licensed pursuant to this chapter to the extent allowed by this	5138
chapter and the rules of the board.	5139

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

5140

(1) "Drug database" means the database established and	5141
maintained by the state board of pharmacy pursuant to section	5142
4729.75 of the Revised Code.	5143

(2) "Opioid analgesic" and "benzodiazepine" have the same	5144
meanings as in section 3719.01 of the Revised Code.	5145

(B) Except as provided in divisions (C) and (E) of this	5146
section, an advanced practice registered nurse holding a	5147
certificate to prescribe issued under this chapter shall comply	5148
with all of the following as conditions of prescribing a drug that	5149
is either an opioid analgesic or a benzodiazepine as part of a	5150
patient's course of treatment for a particular condition:	5151

(1) Before initially prescribing the drug, the nurse or the	5152
nurse's delegate shall request from the drug database a report of	5153
information related to the patient that covers at least the twelve	5154
months immediately preceding the date of the request. If the nurse	5155
practices primarily in a county of this state that adjoins another	5156
state, the nurse or delegate also shall request a report of any	5157
information available in the drug database that pertains to	5158
prescriptions issued or drugs furnished to the patient in the	5159
state adjoining that county.	5160

(2) If the patient's course of treatment for the condition	5161
continues for more than ninety days after the initial report is	5162
requested, the nurse or delegate shall make periodic requests for	5163
reports of information from the drug database until the course of	5164
treatment has ended. The requests shall be made at intervals not	5165
exceeding ninety days, determined according to the date the	5166
initial request was made. The request shall be made in the same	5167
manner provided in division (B)(1) of this section for requesting	5168
the initial report of information from the drug database.	5169

(3) On receipt of a report under division (B)(1) or (2) of	5170
this section, the nurse shall assess the information in the	5171
report. The nurse shall document in the patient's record that the	5172
report was received and the information was assessed.	5173

(C) Division (B) of this section does not apply if in any of	5174
the following circumstances:	5175

(1) A drug database report regarding the patient is not	5176
available, in which case the nurse shall document in the patient's	5177
record the reason that the report is not available.	5178

(2) The drug is prescribed in an amount indicated for a	5179
period not to exceed seven days.	5180

(3) The drug is prescribed for the treatment of cancer or	5181
another condition associated with cancer.	5182

(4) The drug is prescribed to a hospice patient in a hospice	5183
care program, as those terms are defined in section 3712.01 of the	5184
Revised Code, or any other patient diagnosed as terminally ill.	5185

(5) The drug is prescribed for administration in a hospital,	5186
nursing home, or residential care facility.	5187

(D) ~~With respect to prescribing any drug that is not an~~	5188
~~opioid analgesic or a benzodiazepine but is included in the drug~~	5189
~~database pursuant to rules adopted under section 4729.84 of the~~	5190
~~Revised Code, the~~The board of nursing ~~shall~~may adopt rules, in	5191
accordance with Chapter 119. of the Revised Code, that establish	5192
standards and procedures to be followed by an advanced practice	5193
registered nurse with a certificate to prescribe issued under	5194
section 4723.48 of the Revised Code regarding the review of	5195
patient information available through the drug database under	5196
division (A)(5) of section 4729.80 of the Revised Code. The rules	5197
shall be adopted in accordance with Chapter 119. of the Revised	5198
Code.	5199

(E) This section and ~~the~~any rules adopted under it do not	5200
apply if the state board of pharmacy no longer maintains the drug	5201
database.	5202

Sec. 4725.092. (A) As used in this section, "drug database"	5203
means the database established and maintained by the state board	5204
of pharmacy pursuant to section 4729.75 of the Revised Code.	5205

(B) ~~Except as provided in divisions (C) and (E) of this~~	5206
~~section, an optometrist holding a therapeutic pharmaceutical~~	5207
~~agents certificate shall comply with all of the following as~~	5208
~~conditions of prescribing a drug that is either an opioid~~	5209
~~analgesic or a benzodiazepine, or personally furnishing a complete~~	5210
~~or partial supply of such a drug, as part of a patient's course of~~	5211
~~treatment for a particular condition:~~	5212

~~(1) Before initially prescribing or furnishing the drug, the~~	5213
~~optometrist or the optometrist's delegate shall request from the~~	5214
~~drug database a report of information related to the patient that~~	5215
~~covers at least the twelve months immediately preceding the date~~	5216
~~of the request. If the optometrist practices primarily in a county~~	5217
~~of this state that adjoins another state, the optometrist or~~	5218
~~delegate also shall request a report of any information available~~	5219
~~in the drug database that pertains to prescriptions issued or~~	5220
~~drugs furnished to the patient in the state adjoining that county.~~	5221

~~(2) If the patient's course of treatment for the condition~~	5222
~~continues for more than ninety days after the initial report is~~	5223
~~requested, the optometrist or delegate shall make periodic~~	5224
~~requests for reports of information from the drug database until~~	5225
~~the course of treatment has ended. The requests shall be made at~~	5226
~~intervals not exceeding ninety days, determined according to the~~	5227
~~date the initial request was made. The request shall be made in~~	5228
~~the same manner provided in division (B)(1) of this section for~~	5229
~~requesting the initial report of information from the drug~~	5230
~~database.~~	5231

~~(3) On receipt of a report under division (B)(1) or (2) of~~	5232
~~this section, the optometrist shall assess the information in the~~	5233
~~report. The optometrist shall document in the patient's record~~	5234
~~that the report was received and the information was assessed.~~	5235

~~(C)(1) Division (B) of this section does not apply if a drug~~	5236
~~database report regarding the patient is not available. In this~~	5237
~~event, the optometrist shall document in the patient's record the~~	5238
~~reason that the report is not available.~~	5239

~~(2) Division (B) of this section does not apply if the drug~~	5240
~~is prescribed or personally furnished in an amount indicated for a~~	5241
~~period not to exceed seven days.~~	5242

~~(D) With respect to prescribing or personally furnishing any~~	5243
~~drug that is not an opioid analgesic or a benzodiazepine but is~~	5244
~~included in the drug database pursuant to rules adopted under~~	5245
~~section 4729.84 of the Revised Code, the~~The state board of	5246
optometry shall adopt rules that establish standards and	5247
procedures to be followed by an optometrist who holds a	5248
therapeutic pharmaceutical agents certificate regarding the review	5249
of patient information available through the drug database under	5250
division (A)(5) of section 4729.80 of the Revised Code. The rules	5251
shall be adopted in accordance with Chapter 119. of the Revised	5252
Code.	5253

~~(E)~~(C) This section and the rules adopted under it do not	5254
apply if the state board of pharmacy no longer maintains the drug	5255
database.	5256

Sec. 4725.19. (A) In accordance with Chapter 119. of the	5257
Revised Code and by an affirmative vote of a majority of its	5258
members, the state board of optometry, for any of the reasons	5259
specified in division (B) of this section, shall refuse to grant a	5260
certificate of licensure to an applicant and may, with respect to	5261
a licensed optometrist, do one or more of the following:	5262

(1) Suspend the operation of any certificate of licensure,	5263
topical ocular pharmaceutical agents certificate, or therapeutic	5264
pharmaceutical agents certificate, or all certificates granted by	5265
it to the optometrist;	5266

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

5267

(3) Limit or otherwise place restrictions on any or all of	5268
the certificates;	5269

(4) Reprimand the optometrist;

5270

(5) Impose a monetary penalty. If the reason for which the	5271
board is imposing the penalty involves a criminal offense that	5272
carries a fine under the Revised Code, the penalty shall not	5273
exceed the maximum fine that may be imposed for the criminal	5274
offense. In any other case, the penalty imposed by the board shall	5275
not exceed five hundred dollars.	5276

(6) Require the optometrist to take corrective action	5277
courses.	5278

The amount and content of corrective action courses shall be	5279
established by the board in rules adopted under section 4725.09 of	5280
the Revised Code.	5281

(B) The sanctions specified in division (A) of this section	5282
may be taken by the board for any of the following reasons:	5283

(1) Committing fraud in passing the licensing examination or	5284
making false or purposely misleading statements in an application	5285
for a certificate of licensure;	5286

(2) Being at any time guilty of immorality, regardless of the	5287
jurisdiction in which the act was committed;	5288

(3) Being guilty of dishonesty or unprofessional conduct in	5289
the practice of optometry;	5290

(4) Being at any time guilty of a felony, regardless of the	5291
jurisdiction in which the act was committed;	5292

(5) Being at any time guilty of a misdemeanor committed in	5293
the course of practice, regardless of the jurisdiction in which	5294
the act was committed;	5295

(6) Violating the conditions of any limitation or other	5296
restriction placed by the board on any certificate issued by the	5297
board;	5298

(7) Engaging in the practice of optometry as provided in	5299
division (A)(1), (2), or (3) of section 4725.01 of the Revised	5300
Code when the certificate authorizing that practice is under	5301
suspension, in which case the board shall permanently revoke the	5302
certificate;	5303

(8) Being denied a license to practice optometry in another	5304
state or country or being subject to any other sanction by the	5305
optometric licensing authority of another state or country, other	5306
than sanctions imposed for the nonpayment of fees;	5307

(9) Departing from or failing to conform to acceptable and	5308
prevailing standards of care in the practice of optometry as	5309
followed by similar practitioners under the same or similar	5310
circumstances, regardless of whether actual injury to a patient is	5311
established;	5312

(10) Failing to maintain comprehensive patient records;

5313

(11) Advertising a price of optical accessories, eye	5314
examinations, or other products or services by any means that	5315
would deceive or mislead the public;	5316

(12) Being addicted to the use of alcohol, stimulants,	5317
narcotics, or any other substance which impairs the intellect and	5318
judgment to such an extent as to hinder or diminish the	5319
performance of the duties included in the person's practice of	5320
optometry;	5321

(13) Engaging in the practice of optometry as provided in	5322
division (A)(2) or (3) of section 4725.01 of the Revised Code	5323
without authority to do so or, if authorized, in a manner	5324
inconsistent with the authority granted;	5325

(14) Failing to make a report to the board as required by	5326
division (A) of section 4725.21 or section 4725.31 of the Revised	5327
Code;	5328

(15) Soliciting patients from door to door or establishing	5329
temporary offices, in which case the board shall suspend all	5330
certificates held by the optometrist;	5331

(16) ~~Failing to comply with section 4725.092 of the Revised~~	5332
~~Code, unless the state board of pharmacy no longer maintains a~~	5333
~~drug database pursuant to section 4729.75 of the Revised Code;~~	5334

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

5335

(a) Waiving the payment of all or any part of a deductible or	5336
copayment that a patient, pursuant to a health insurance or health	5337
care policy, contract, or plan that covers optometric services,	5338
would otherwise be required to pay if the waiver is used as an	5339
enticement to a patient or group of patients to receive health	5340
care services from that optometrist.	5341

(b) Advertising that the optometrist will waive the payment	5342
of all or any part of a deductible or copayment that a patient,	5343
pursuant to a health insurance or health care policy, contract, or	5344
plan that covers optometric services, would otherwise be required	5345
to pay.	5346

(17) Failing to comply with the requirements in section	5347
3719.061 of the Revised Code before issuing tofor a minor a	5348
prescription for ~~a controlled substance containing~~an analgesic	5349
controlled substance authorized pursuant to section 4725.091 of	5350
the Revised Code that is an opioid analgesic, as defined in	5351
section 3719.01 of the Revised Code.	5352

(C) Any person who is the holder of a certificate of	5353
licensure, or who is an applicant for a certificate of licensure	5354
against whom is preferred any charges, shall be furnished by the	5355
board with a copy of the complaint and shall have a hearing before	5356
the board in accordance with Chapter 119. of the Revised Code.	5357

(D) Sanctions shall not be imposed under division (B)(17) of	5358
this section against any optometrist who waives deductibles and	5359
copayments:	5360

(1) In compliance with the health benefit plan that expressly	5361
allows such a practice. Waiver of the deductibles or copayments	5362
shall be made only with the full knowledge and consent of the plan	5363
purchaser, payer, and third-party administrator. Documentation of	5364
the consent shall be made available to the board upon request.	5365

(2) For professional services rendered to any other	5366
optometrist licensed by the board, to the extent allowed by	5367
sections 4725.01 to 4725.34 of the Revised Code and the rules of	5368
the board.	5369

Sec. 4730.25. (A) The state medical board, by an affirmative	5370
vote of not fewer than six members, may revoke or may refuse to	5371
grant a certificate to practice as a physician assistant or a	5372
certificate to prescribe to a person found by the board to have	5373
committed fraud, misrepresentation, or deception in applying for	5374
or securing the certificate.	5375

(B) The board, by an affirmative vote of not fewer than six	5376
members, shall, to the extent permitted by law, limit, revoke, or	5377
suspend an individual's certificate to practice as a physician	5378
assistant or certificate to prescribe, refuse to issue a	5379
certificate to an applicant, refuse to reinstate a certificate, or	5380
reprimand or place on probation the holder of a certificate for	5381
any of the following reasons:	5382

(1) Failure to practice in accordance with the conditions	5383
under which the supervising physician's supervision agreement with	5384
the physician assistant was approved, including the requirement	5385
that when practicing under a particular supervising physician, the	5386
physician assistant must practice only according to the physician	5387
supervisory plan the board approved for that physician or the	5388
policies of the health care facility in which the supervising	5389
physician and physician assistant are practicing;	5390

(2) Failure to comply with the requirements of this chapter,	5391
Chapter 4731. of the Revised Code, or any rules adopted by the	5392
board;	5393

(3) Violating or attempting to violate, directly or	5394
indirectly, or assisting in or abetting the violation of, or	5395
conspiring to violate, any provision of this chapter, Chapter	5396
4731. of the Revised Code, or the rules adopted by the board;	5397

(4) Inability to practice according to acceptable and	5398
prevailing standards of care by reason of mental illness or	5399
physical illness, including physical deterioration that adversely	5400
affects cognitive, motor, or perceptive skills;	5401

(5) Impairment of ability to practice according to acceptable	5402
and prevailing standards of care because of habitual or excessive	5403
use or abuse of drugs, alcohol, or other substances that impair	5404
ability to practice;	5405

(6) Administering drugs for purposes other than those	5406
authorized under this chapter;	5407

(7) Willfully betraying a professional confidence;

5408

(8) Making a false, fraudulent, deceptive, or misleading	5409
statement in soliciting or advertising for employment as a	5410
physician assistant; in connection with any solicitation or	5411
advertisement for patients; in relation to the practice of	5412
medicine as it pertains to physician assistants; or in securing or	5413
attempting to secure a certificate to practice as a physician	5414
assistant, a certificate to prescribe, or approval of a	5415
supervision agreement.	5416

As used in this division, "false, fraudulent, deceptive, or	5417
misleading statement" means a statement that includes a	5418
misrepresentation of fact, is likely to mislead or deceive because	5419
of a failure to disclose material facts, is intended or is likely	5420
to create false or unjustified expectations of favorable results,	5421
or includes representations or implications that in reasonable	5422
probability will cause an ordinarily prudent person to	5423
misunderstand or be deceived.	5424

(9) Representing, with the purpose of obtaining compensation	5425
or other advantage personally or for any other person, that an	5426
incurable disease or injury, or other incurable condition, can be	5427
permanently cured;	5428

(10) The obtaining of, or attempting to obtain, money or	5429
anything of value by fraudulent misrepresentations in the course	5430
of practice;	5431

(11) A plea of guilty to, a judicial finding of guilt of, or	5432
a judicial finding of eligibility for intervention in lieu of	5433
conviction for, a felony;	5434

(12) Commission of an act that constitutes a felony in this	5435
state, regardless of the jurisdiction in which the act was	5436
committed;	5437

(13) A plea of guilty to, a judicial finding of guilt of, or	5438
a judicial finding of eligibility for intervention in lieu of	5439
conviction for, a misdemeanor committed in the course of practice;	5440

(14) A plea of guilty to, a judicial finding of guilt of, or	5441
a judicial finding of eligibility for intervention in lieu of	5442
conviction for, a misdemeanor involving moral turpitude;	5443

(15) Commission of an act in the course of practice that	5444
constitutes a misdemeanor in this state, regardless of the	5445
jurisdiction in which the act was committed;	5446

(16) Commission of an act involving moral turpitude that	5447
constitutes a misdemeanor in this state, regardless of the	5448
jurisdiction in which the act was committed;	5449

(17) A plea of guilty to, a judicial finding of guilt of, or	5450
a judicial finding of eligibility for intervention in lieu of	5451
conviction for violating any state or federal law regulating the	5452
possession, distribution, or use of any drug, including	5453
trafficking in drugs;	5454

(18) Any of the following actions taken by the state agency	5455
responsible for regulating the practice of physician assistants in	5456
another state, for any reason other than the nonpayment of fees:	5457
the limitation, revocation, or suspension of an individual's	5458
license to practice; acceptance of an individual's license	5459
surrender; denial of a license; refusal to renew or reinstate a	5460
license; imposition of probation; or issuance of an order of	5461
censure or other reprimand;	5462

(19) A departure from, or failure to conform to, minimal	5463
standards of care of similar physician assistants under the same	5464
or similar circumstances, regardless of whether actual injury to a	5465
patient is established;	5466

(20) Violation of the conditions placed by the board on a	5467
certificate to practice as a physician assistant, a certificate to	5468
prescribe, a physician supervisory plan, or supervision agreement;	5469

(21) Failure to use universal blood and body fluid	5470
precautions established by rules adopted under section 4731.051 of	5471
the Revised Code;	5472

(22) Failure to cooperate in an investigation conducted by	5473
the board under section 4730.26 of the Revised Code, including	5474
failure to comply with a subpoena or order issued by the board or	5475
failure to answer truthfully a question presented by the board at	5476
a deposition or in written interrogatories, except that failure to	5477
cooperate with an investigation shall not constitute grounds for	5478
discipline under this section if a court of competent jurisdiction	5479
has issued an order that either quashes a subpoena or permits the	5480
individual to withhold the testimony or evidence in issue;	5481

(23) Assisting suicide, as defined in section 3795.01 of the	5482
Revised Code;	5483

(24) Prescribing any drug or device to perform or induce an	5484
abortion, or otherwise performing or inducing an abortion;	5485

(25) Failure to comply with section 4730.53 of the Revised	5486
Code, unless the board no longer maintains a drug database	5487
pursuant to section 4729.75 of the Revised Code;	5488

~~(25)~~(26) Failure to comply with the requirements in section	5489
3719.061 of the Revised Code before issuing tofor a minor a	5490
prescription for ~~a controlled substance containing~~ an opioid	5491
analgesic, as defined in section 3719.01 of the Revised Code.	5492

(C) Disciplinary actions taken by the board under divisions	5493
(A) and (B) of this section shall be taken pursuant to an	5494
adjudication under Chapter 119. of the Revised Code, except that	5495
in lieu of an adjudication, the board may enter into a consent	5496
agreement with a physician assistant or applicant to resolve an	5497
allegation of a violation of this chapter or any rule adopted	5498
under it. A consent agreement, when ratified by an affirmative	5499
vote of not fewer than six members of the board, shall constitute	5500
the findings and order of the board with respect to the matter	5501
addressed in the agreement. If the board refuses to ratify a	5502
consent agreement, the admissions and findings contained in the	5503
consent agreement shall be of no force or effect.	5504

(D) For purposes of divisions (B)(12), (15), and (16) of this	5505
section, the commission of the act may be established by a finding	5506
by the board, pursuant to an adjudication under Chapter 119. of	5507
the Revised Code, that the applicant or certificate holder	5508
committed the act in question. The board shall have no	5509
jurisdiction under these divisions in cases where the trial court	5510
renders a final judgment in the certificate holder's favor and	5511
that judgment is based upon an adjudication on the merits. The	5512
board shall have jurisdiction under these divisions in cases where	5513
the trial court issues an order of dismissal upon technical or	5514
procedural grounds.	5515

(E) The sealing of conviction records by any court shall have	5516
no effect upon a prior board order entered under the provisions of	5517
this section or upon the board's jurisdiction to take action under	5518
the provisions of this section if, based upon a plea of guilty, a	5519
judicial finding of guilt, or a judicial finding of eligibility	5520
for intervention in lieu of conviction, the board issued a notice	5521
of opportunity for a hearing prior to the court's order to seal	5522
the records. The board shall not be required to seal, destroy,	5523
redact, or otherwise modify its records to reflect the court's	5524
sealing of conviction records.	5525

(F) For purposes of this division, any individual who holds a	5526
certificate issued under this chapter, or applies for a	5527
certificate issued under this chapter, shall be deemed to have	5528
given consent to submit to a mental or physical examination when	5529
directed to do so in writing by the board and to have waived all	5530
objections to the admissibility of testimony or examination	5531
reports that constitute a privileged communication.	5532

(1) In enforcing division (B)(4) of this section, the board,	5533
upon a showing of a possible violation, may compel any individual	5534
who holds a certificate issued under this chapter or who has	5535
applied for a certificate pursuant to this chapter to submit to a	5536
mental examination, physical examination, including an HIV test,	5537
or both a mental and physical examination. The expense of the	5538
examination is the responsibility of the individual compelled to	5539
be examined. Failure to submit to a mental or physical examination	5540
or consent to an HIV test ordered by the board constitutes an	5541
admission of the allegations against the individual unless the	5542
failure is due to circumstances beyond the individual's control,	5543
and a default and final order may be entered without the taking of	5544
testimony or presentation of evidence. If the board finds a	5545
physician assistant unable to practice because of the reasons set	5546
forth in division (B)(4) of this section, the board shall require	5547
the physician assistant to submit to care, counseling, or	5548
treatment by physicians approved or designated by the board, as a	5549
condition for an initial, continued, reinstated, or renewed	5550
certificate. An individual affected under this division shall be	5551
afforded an opportunity to demonstrate to the board the ability to	5552
resume practicing in compliance with acceptable and prevailing	5553
standards of care.	5554

(2) For purposes of division (B)(5) of this section, if the	5555
board has reason to believe that any individual who holds a	5556
certificate issued under this chapter or any applicant for a	5557
certificate suffers such impairment, the board may compel the	5558
individual to submit to a mental or physical examination, or both.	5559
The expense of the examination is the responsibility of the	5560
individual compelled to be examined. Any mental or physical	5561
examination required under this division shall be undertaken by a	5562
treatment provider or physician qualified to conduct such	5563
examination and chosen by the board.	5564

Failure to submit to a mental or physical examination ordered	5565
by the board constitutes an admission of the allegations against	5566
the individual unless the failure is due to circumstances beyond	5567
the individual's control, and a default and final order may be	5568
entered without the taking of testimony or presentation of	5569
evidence. If the board determines that the individual's ability to	5570
practice is impaired, the board shall suspend the individual's	5571
certificate or deny the individual's application and shall require	5572
the individual, as a condition for initial, continued, reinstated,	5573
or renewed certification to practice or prescribe, to submit to	5574
treatment.	5575

Before being eligible to apply for reinstatement of a	5576
certificate suspended under this division, the physician assistant	5577
shall demonstrate to the board the ability to resume practice or	5578
prescribing in compliance with acceptable and prevailing standards	5579
of care. The demonstration shall include the following:	5580

(a) Certification from a treatment provider approved under	5581
section 4731.25 of the Revised Code that the individual has	5582
successfully completed any required inpatient treatment;	5583

(b) Evidence of continuing full compliance with an aftercare	5584
contract or consent agreement;	5585

(c) Two written reports indicating that the individual's	5586
ability to practice has been assessed and that the individual has	5587
been found capable of practicing according to acceptable and	5588
prevailing standards of care. The reports shall be made by	5589
individuals or providers approved by the board for making such	5590
assessments and shall describe the basis for their determination.	5591

The board may reinstate a certificate suspended under this	5592
division after such demonstration and after the individual has	5593
entered into a written consent agreement.	5594

When the impaired physician assistant resumes practice or	5595
prescribing, the board shall require continued monitoring of the	5596
physician assistant. The monitoring shall include compliance with	5597
the written consent agreement entered into before reinstatement or	5598
with conditions imposed by board order after a hearing, and, upon	5599
termination of the consent agreement, submission to the board for	5600
at least two years of annual written progress reports made under	5601
penalty of falsification stating whether the physician assistant	5602
has maintained sobriety.	5603

(G) If the secretary and supervising member determine that	5604
there is clear and convincing evidence that a physician assistant	5605
has violated division (B) of this section and that the	5606
individual's continued practice or prescribing presents a danger	5607
of immediate and serious harm to the public, they may recommend	5608
that the board suspend the individual's certificate to practice or	5609
prescribe without a prior hearing. Written allegations shall be	5610
prepared for consideration by the board.	5611

The board, upon review of those allegations and by an	5612
affirmative vote of not fewer than six of its members, excluding	5613
the secretary and supervising member, may suspend a certificate	5614
without a prior hearing. A telephone conference call may be	5615
utilized for reviewing the allegations and taking the vote on the	5616
summary suspension.	5617

The board shall issue a written order of suspension by	5618
certified mail or in person in accordance with section 119.07 of	5619
the Revised Code. The order shall not be subject to suspension by	5620
the court during pendency of any appeal filed under section 119.12	5621
of the Revised Code. If the physician assistant requests an	5622
adjudicatory hearing by the board, the date set for the hearing	5623
shall be within fifteen days, but not earlier than seven days,	5624
after the physician assistant requests the hearing, unless	5625
otherwise agreed to by both the board and the certificate holder.	5626

A summary suspension imposed under this division shall remain	5627
in effect, unless reversed on appeal, until a final adjudicative	5628
order issued by the board pursuant to this section and Chapter	5629
119. of the Revised Code becomes effective. The board shall issue	5630
its final adjudicative order within sixty days after completion of	5631
its hearing. Failure to issue the order within sixty days shall	5632
result in dissolution of the summary suspension order, but shall	5633
not invalidate any subsequent, final adjudicative order.	5634

(H) If the board takes action under division (B)(11), (13),	5635
or (14) of this section, and the judicial finding of guilt, guilty	5636
plea, or judicial finding of eligibility for intervention in lieu	5637
of conviction is overturned on appeal, upon exhaustion of the	5638
criminal appeal, a petition for reconsideration of the order may	5639
be filed with the board along with appropriate court documents.	5640
Upon receipt of a petition and supporting court documents, the	5641
board shall reinstate the certificate to practice or prescribe.	5642
The board may then hold an adjudication under Chapter 119. of the	5643
Revised Code to determine whether the individual committed the act	5644
in question. Notice of opportunity for hearing shall be given in	5645
accordance with Chapter 119. of the Revised Code. If the board	5646
finds, pursuant to an adjudication held under this division, that	5647
the individual committed the act, or if no hearing is requested,	5648
it may order any of the sanctions identified under division (B) of	5649
this section.	5650

(I) The certificate to practice issued to a physician	5651
assistant and the physician assistant's practice in this state are	5652
automatically suspended as of the date the physician assistant	5653
pleads guilty to, is found by a judge or jury to be guilty of, or	5654
is subject to a judicial finding of eligibility for intervention	5655
in lieu of conviction in this state or treatment or intervention	5656
in lieu of conviction in another state for any of the following	5657
criminal offenses in this state or a substantially equivalent	5658
criminal offense in another jurisdiction: aggravated murder,	5659
murder, voluntary manslaughter, felonious assault, kidnapping,	5660
rape, sexual battery, gross sexual imposition, aggravated arson,	5661
aggravated robbery, or aggravated burglary. Continued practice	5662
after the suspension shall be considered practicing without a	5663
certificate.	5664

The board shall notify the individual subject to the	5665
suspension by certified mail or in person in accordance with	5666
section 119.07 of the Revised Code. If an individual whose	5667
certificate is suspended under this division fails to make a	5668
timely request for an adjudication under Chapter 119. of the	5669
Revised Code, the board shall enter a final order permanently	5670
revoking the individual's certificate to practice.	5671

(J) In any instance in which the board is required by Chapter	5672
119. of the Revised Code to give notice of opportunity for hearing	5673
and the individual subject to the notice does not timely request a	5674
hearing in accordance with section 119.07 of the Revised Code, the	5675
board is not required to hold a hearing, but may adopt, by an	5676
affirmative vote of not fewer than six of its members, a final	5677
order that contains the board's findings. In that final order, the	5678
board may order any of the sanctions identified under division (A)	5679
or (B) of this section.	5680

(K) Any action taken by the board under division (B) of this	5681
section resulting in a suspension shall be accompanied by a	5682
written statement of the conditions under which the physician	5683
assistant's certificate may be reinstated. The board shall adopt	5684
rules in accordance with Chapter 119. of the Revised Code	5685
governing conditions to be imposed for reinstatement.	5686
Reinstatement of a certificate suspended pursuant to division (B)	5687
of this section requires an affirmative vote of not fewer than six	5688
members of the board.	5689

(L) When the board refuses to grant to an applicant a	5690
certificate to practice as a physician assistant or a certificate	5691
to prescribe, revokes an individual's certificate, refuses to	5692
issue a certificate, or refuses to reinstate an individual's	5693
certificate, the board may specify that its action is permanent.	5694
An individual subject to a permanent action taken by the board is	5695
forever thereafter ineligible to hold the certificate and the	5696
board shall not accept an application for reinstatement of the	5697
certificate or for issuance of a new certificate.	5698

(M) Notwithstanding any other provision of the Revised Code,	5699
all of the following apply:	5700

(1) The surrender of a certificate issued under this chapter	5701
is not effective unless or until accepted by the board.	5702
Reinstatement of a certificate surrendered to the board requires	5703
an affirmative vote of not fewer than six members of the board.	5704

(2) An application made under this chapter for a certificate,	5705
approval of a physician supervisory plan, or approval of a	5706
supervision agreement may not be withdrawn without approval of the	5707
board.	5708

(3) Failure by an individual to renew a certificate in	5709
accordance with section 4730.14 or section 4730.48 of the Revised	5710
Code shall not remove or limit the board's jurisdiction to take	5711
disciplinary action under this section against the individual.	5712

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

5713

(1) "Drug database" means the database established and	5714
maintained by the state board of pharmacy pursuant to section	5715
4729.75 of the Revised Code.	5716

(2) "Opioid analgesic" and "benzodiazepine" have the same	5717
meanings as in section 3719.01 of the Revised Code.	5718

(B) Except as provided in divisions (C) and (E) of this	5719
section, a physician assistant holding a certificate to prescribe	5720
issued under this chapter shall comply with all of the following	5721
as conditions of prescribing a drug that is either an opioid	5722
analgesic or a benzodiazepine as part of a patient's course of	5723
treatment for a particular condition:	5724

(1) Before initially prescribing the drug, the physician	5725
assistant or the physician assistant's delegate shall request from	5726
the drug database a report of information related to the patient	5727
that covers at least the twelve months immediately preceding the	5728
date of the request. If the physician assistant practices	5729
primarily in a county of this state that adjoins another state,	5730
the physician assistant or delegate also shall request a report of	5731
any information available in the drug database that pertains to	5732
prescriptions issued or drugs furnished to the patient in the	5733
state adjoining that county.	5734

(2) If the patient's course of treatment for the condition	5735
continues for more than ninety days after the initial report is	5736
requested, the physician assistant or delegate shall make periodic	5737
requests for reports of information from the drug database until	5738
the course of treatment has ended. The requests shall be made at	5739
intervals not exceeding ninety days, determined according to the	5740
date the initial request was made. The request shall be made in	5741
the same manner provided in division (B)(1) of this section for	5742
requesting the initial report of information from the drug	5743
database.	5744

(3) On receipt of a report under division (B)(1) or (2) of	5745
this section, the physician assistant shall assess the information	5746
in the report. The physician assistant shall document in the	5747
patient's record that the report was received and the information	5748
was assessed.	5749

(C) Division (B) of this section does not apply in any of the	5750
following circumstances:	5751

(1) A drug database report regarding the patient is not	5752
available, in which case the physician assistant shall document in	5753
the patient's record the reason that the report is not available.	5754

(2) The drug is prescribed in an amount indicated for a	5755
period not to exceed seven days.	5756

(3) The drug is prescribed for the treatment of cancer or	5757
another condition associated with cancer.	5758

(4) The drug is prescribed to a hospice patient in a hospice	5759
care program, as those terms are defined in section 3712.01 of the	5760
Revised Code, or any other patient diagnosed as terminally ill.	5761

(5) The drug is prescribed for administration in a hospital,	5762
nursing home, or residential care facility.	5763

(D) ~~With respect to prescribing any drug that is not an~~	5764
~~opioid analgesic or a benzodiazepine but is included in the drug~~	5765
~~database pursuant to rules adopted under section 4729.84 of the~~	5766
~~Revised Code, the~~The state medical board ~~shall~~may adopt rules	5767
that establish standards and procedures to be followed by a	5768
physician assistant who holds a certificate to prescribe issued	5769
under this chapter regarding the review of patient information	5770
available through the drug database under division (A)(5) of	5771
section 4729.80 of the Revised Code. The rules shall be adopted in	5772
accordance with Chapter 119. of the Revised Code.	5773

(E) This section and ~~the~~any rules adopted under it do not	5774
apply if the state board of pharmacy no longer maintains the drug	5775
database.	5776

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

5777

(1) "Drug database" means the database established and	5778
maintained by the state board of pharmacy pursuant to section	5779
4729.75 of the Revised Code.	5780

(2) "Physician" means an individual authorized under this	5781
chapter to practice medicine and surgery, osteopathic medicine and	5782
surgery, or podiatric medicine and surgery.	5783

(3) "Opioid analgesic" and "benzodiazepine" have the same	5784
meanings as in section 3719.01 of the Revised Code.	5785

(B) Except as provided in divisions (C) and (E) of this	5786
section, a physician shall comply with all of the following as	5787
conditions of prescribing a drug that is either an opioid	5788
analgesic or a benzodiazepine, or personally furnishing a complete	5789
or partial supply of such a drug, as part of a patient's course of	5790
treatment for a particular condition:	5791

(1) Before initially prescribing or furnishing the drug, the	5792
physician or the physician's delegate shall request from the drug	5793
database a report of information related to the patient that	5794
covers at least the twelve months immediately preceding the date	5795
of the request. If the physician practices primarily in a county	5796
of this state that adjoins another state, the physician or	5797
delegate also shall request a report of any information available	5798
in the drug database that pertains to prescriptions issued or	5799
drugs furnished to the patient in the state adjoining that county.	5800

(2) If the patient's course of treatment for the condition	5801
continues for more than ninety days after the initial report is	5802
requested, the physician or delegate shall make periodic requests	5803
for reports of information from the drug database until the course	5804
of treatment has ended. The requests shall be made at intervals	5805
not exceeding ninety days, determined according to the date the	5806
initial request was made. The request shall be made in the same	5807
manner provided in division (B)(1) of this section for requesting	5808
the initial report of information from the drug database.	5809

(3) On receipt of a report under division (B)(1) or (2) of	5810
this section, the physician shall assess the information in the	5811
report. The physician shall document in the patient's record that	5812
the report was received and the information was assessed.	5813

(C) Division (B) of this section does not apply in any of the	5814
following circumstances:	5815

(1) A drug database report regarding the patient is not	5816
available, in which case the physician shall document in the	5817
patient's record the reason that the report is not available.	5818

(2) The drug is prescribed or personally furnished in an	5819
amount indicated for a period not to exceed seven days.	5820

(3) The drug is prescribed or personally furnished for the	5821
treatment of cancer or another condition associated with cancer.	5822

(4) The drug is prescribed or personally furnished to a	5823
hospice patient in a hospice care program, as those terms are	5824
defined in section 3712.01 of the Revised Code, or any other	5825
patient diagnosed as terminally ill.	5826

(5) The drug is prescribed or personally furnished for	5827
administration in a hospital, nursing home, or residential care	5828
facility.	5829

(6) The drug is prescribed or personally furnished to treat	5830
acute pain resulting from a surgical or other invasive procedure	5831
or a delivery.	5832

(D) ~~With respect to prescribing or personally furnishing any~~	5833
~~drug that is not an opioid analgesic or a benzodiazepine but is~~	5834
~~included in the drug database pursuant to rules adopted under~~	5835
~~section 4729.84 of the Revised Code, the~~The state medical board	5836
~~shall~~may adopt rules that establish standards and procedures to	5837
be followed by a physician regarding the review of patient	5838
information available through the drug database under division	5839
(A)(5) of section 4729.80 of the Revised Code. The rules shall be	5840
adopted in accordance with Chapter 119. of the Revised Code.	5841

(E) This section and ~~the~~any rules adopted under it do not	5842
apply if the state board of pharmacy no longer maintains the drug	5843
database.	5844

Sec. 4731.22. (A) The state medical board, by an affirmative	5845
vote of not fewer than six of its members, may limit, revoke, or	5846
suspend an individual's certificate to practice, refuse to grant a	5847
certificate to an individual, refuse to register an individual,	5848
refuse to reinstate a certificate, or reprimand or place on	5849
probation the holder of a certificate if the individual or	5850
certificate holder is found by the board to have committed fraud	5851
during the administration of the examination for a certificate to	5852
practice or to have committed fraud, misrepresentation, or	5853
deception in applying for or securing any certificate to practice	5854
or certificate of registration issued by the board.	5855

(B) The board, by an affirmative vote of not fewer than six	5856
members, shall, to the extent permitted by law, limit, revoke, or	5857
suspend an individual's certificate to practice, refuse to	5858
register an individual, refuse to reinstate a certificate, or	5859
reprimand or place on probation the holder of a certificate for	5860
one or more of the following reasons:	5861

(1) Permitting one's name or one's certificate to practice or	5862
certificate of registration to be used by a person, group, or	5863
corporation when the individual concerned is not actually	5864
directing the treatment given;	5865

(2) Failure to maintain minimal standards applicable to the	5866
selection or administration of drugs, or failure to employ	5867
acceptable scientific methods in the selection of drugs or other	5868
modalities for treatment of disease;	5869

(3) Selling, giving away, personally furnishing, prescribing,	5870
or administering drugs for other than legal and legitimate	5871
therapeutic purposes or a plea of guilty to, a judicial finding of	5872
guilt of, or a judicial finding of eligibility for intervention in	5873
lieu of conviction of, a violation of any federal or state law	5874
regulating the possession, distribution, or use of any drug;	5875

(4) Willfully betraying a professional confidence.

5876

For purposes of this division, "willfully betraying a	5877
professional confidence" does not include providing any	5878
information, documents, or reports to a child fatality review	5879
board under sections 307.621 to 307.629 of the Revised Code and	5880
does not include the making of a report of an employee's use of a	5881
drug of abuse, or a report of a condition of an employee other	5882
than one involving the use of a drug of abuse, to the employer of	5883
the employee as described in division (B) of section 2305.33 of	5884
the Revised Code. Nothing in this division affects the immunity	5885
from civil liability conferred by that section upon a physician	5886
who makes either type of report in accordance with division (B) of	5887
that section. As used in this division, "employee," "employer,"	5888
and "physician" have the same meanings as in section 2305.33 of	5889
the Revised Code.	5890

(5) Making a false, fraudulent, deceptive, or misleading	5891
statement in the solicitation of or advertising for patients; in	5892
relation to the practice of medicine and surgery, osteopathic	5893
medicine and surgery, podiatric medicine and surgery, or a limited	5894
branch of medicine; or in securing or attempting to secure any	5895
certificate to practice or certificate of registration issued by	5896
the board.	5897

As used in this division, "false, fraudulent, deceptive, or	5898
misleading statement" means a statement that includes a	5899
misrepresentation of fact, is likely to mislead or deceive because	5900
of a failure to disclose material facts, is intended or is likely	5901
to create false or unjustified expectations of favorable results,	5902
or includes representations or implications that in reasonable	5903
probability will cause an ordinarily prudent person to	5904
misunderstand or be deceived.	5905

(6) A departure from, or the failure to conform to, minimal	5906
standards of care of similar practitioners under the same or	5907
similar circumstances, whether or not actual injury to a patient	5908
is established;	5909

(7) Representing, with the purpose of obtaining compensation	5910
or other advantage as personal gain or for any other person, that	5911
an incurable disease or injury, or other incurable condition, can	5912
be permanently cured;	5913

(8) The obtaining of, or attempting to obtain, money or	5914
anything of value by fraudulent misrepresentations in the course	5915
of practice;	5916

(9) A plea of guilty to, a judicial finding of guilt of, or a	5917
judicial finding of eligibility for intervention in lieu of	5918
conviction for, a felony;	5919

(10) Commission of an act that constitutes a felony in this	5920
state, regardless of the jurisdiction in which the act was	5921
committed;	5922

(11) A plea of guilty to, a judicial finding of guilt of, or	5923
a judicial finding of eligibility for intervention in lieu of	5924
conviction for, a misdemeanor committed in the course of practice;	5925

(12) Commission of an act in the course of practice that	5926
constitutes a misdemeanor in this state, regardless of the	5927
jurisdiction in which the act was committed;	5928

(13) A plea of guilty to, a judicial finding of guilt of, or	5929
a judicial finding of eligibility for intervention in lieu of	5930
conviction for, a misdemeanor involving moral turpitude;	5931

(14) Commission of an act involving moral turpitude that	5932
constitutes a misdemeanor in this state, regardless of the	5933
jurisdiction in which the act was committed;	5934

(15) Violation of the conditions of limitation placed by the	5935
board upon a certificate to practice;	5936

(16) Failure to pay license renewal fees specified in this	5937
chapter;	5938

(17) Except as authorized in section 4731.31 of the Revised	5939
Code, engaging in the division of fees for referral of patients,	5940
or the receiving of a thing of value in return for a specific	5941
referral of a patient to utilize a particular service or business;	5942

(18) Subject to section 4731.226 of the Revised Code,	5943
violation of any provision of a code of ethics of the American	5944
medical association, the American osteopathic association, the	5945
American podiatric medical association, or any other national	5946
professional organizations that the board specifies by rule. The	5947
state medical board shall obtain and keep on file current copies	5948
of the codes of ethics of the various national professional	5949
organizations. The individual whose certificate is being suspended	5950
or revoked shall not be found to have violated any provision of a	5951
code of ethics of an organization not appropriate to the	5952
individual's profession.	5953

For purposes of this division, a "provision of a code of	5954
ethics of a national professional organization" does not include	5955
any provision that would preclude the making of a report by a	5956
physician of an employee's use of a drug of abuse, or of a	5957
condition of an employee other than one involving the use of a	5958
drug of abuse, to the employer of the employee as described in	5959
division (B) of section 2305.33 of the Revised Code. Nothing in	5960
this division affects the immunity from civil liability conferred	5961
by that section upon a physician who makes either type of report	5962
in accordance with division (B) of that section. As used in this	5963
division, "employee," "employer," and "physician" have the same	5964
meanings as in section 2305.33 of the Revised Code.	5965

(19) Inability to practice according to acceptable and	5966
prevailing standards of care by reason of mental illness or	5967
physical illness, including, but not limited to, physical	5968
deterioration that adversely affects cognitive, motor, or	5969
perceptive skills.	5970

In enforcing this division, the board, upon a showing of a	5971
possible violation, may compel any individual authorized to	5972
practice by this chapter or who has submitted an application	5973
pursuant to this chapter to submit to a mental examination,	5974
physical examination, including an HIV test, or both a mental and	5975
a physical examination. The expense of the examination is the	5976
responsibility of the individual compelled to be examined. Failure	5977
to submit to a mental or physical examination or consent to an HIV	5978
test ordered by the board constitutes an admission of the	5979
allegations against the individual unless the failure is due to	5980
circumstances beyond the individual's control, and a default and	5981
final order may be entered without the taking of testimony or	5982
presentation of evidence. If the board finds an individual unable	5983
to practice because of the reasons set forth in this division, the	5984
board shall require the individual to submit to care, counseling,	5985
or treatment by physicians approved or designated by the board, as	5986
a condition for initial, continued, reinstated, or renewed	5987
authority to practice. An individual affected under this division	5988
shall be afforded an opportunity to demonstrate to the board the	5989
ability to resume practice in compliance with acceptable and	5990
prevailing standards under the provisions of the individual's	5991
certificate. For the purpose of this division, any individual who	5992
applies for or receives a certificate to practice under this	5993
chapter accepts the privilege of practicing in this state and, by	5994
so doing, shall be deemed to have given consent to submit to a	5995
mental or physical examination when directed to do so in writing	5996
by the board, and to have waived all objections to the	5997
admissibility of testimony or examination reports that constitute	5998
a privileged communication.	5999

(20) Except when civil penalties are imposed under section	6000
4731.225 or 4731.281 of the Revised Code, and subject to section	6001
4731.226 of the Revised Code, violating or attempting to violate,	6002
directly or indirectly, or assisting in or abetting the violation	6003
of, or conspiring to violate, any provisions of this chapter or	6004
any rule promulgated by the board.	6005

This division does not apply to a violation or attempted	6006
violation of, assisting in or abetting the violation of, or a	6007
conspiracy to violate, any provision of this chapter or any rule	6008
adopted by the board that would preclude the making of a report by	6009
a physician of an employee's use of a drug of abuse, or of a	6010
condition of an employee other than one involving the use of a	6011
drug of abuse, to the employer of the employee as described in	6012
division (B) of section 2305.33 of the Revised Code. Nothing in	6013
this division affects the immunity from civil liability conferred	6014
by that section upon a physician who makes either type of report	6015
in accordance with division (B) of that section. As used in this	6016
division, "employee," "employer," and "physician" have the same	6017
meanings as in section 2305.33 of the Revised Code.	6018

(21) The violation of section 3701.79 of the Revised Code or	6019
of any abortion rule adopted by the public health council pursuant	6020
to section 3701.341 of the Revised Code;	6021

(22) Any of the following actions taken by an agency	6022
responsible for authorizing, certifying, or regulating an	6023
individual to practice a health care occupation or provide health	6024
care services in this state or another jurisdiction, for any	6025
reason other than the nonpayment of fees: the limitation,	6026
revocation, or suspension of an individual's license to practice;	6027
acceptance of an individual's license surrender; denial of a	6028
license; refusal to renew or reinstate a license; imposition of	6029
probation; or issuance of an order of censure or other reprimand;	6030

(23) The violation of section 2919.12 of the Revised Code or	6031
the performance or inducement of an abortion upon a pregnant woman	6032
with actual knowledge that the conditions specified in division	6033
(B) of section 2317.56 of the Revised Code have not been satisfied	6034
or with a heedless indifference as to whether those conditions	6035
have been satisfied, unless an affirmative defense as specified in	6036
division (H)(2) of that section would apply in a civil action	6037
authorized by division (H)(1) of that section;	6038

(24) The revocation, suspension, restriction, reduction, or	6039
termination of clinical privileges by the United States department	6040
of defense or department of veterans affairs or the termination or	6041
suspension of a certificate of registration to prescribe drugs by	6042
the drug enforcement administration of the United States	6043
department of justice;	6044

(25) Termination or suspension from participation in the	6045
medicare or medicaid programs by the department of health and	6046
human services or other responsible agency for any act or acts	6047
that also would constitute a violation of division (B)(2), (3),	6048
(6), (8), or (19) of this section;	6049

(26) Impairment of ability to practice according to	6050
acceptable and prevailing standards of care because of habitual or	6051
excessive use or abuse of drugs, alcohol, or other substances that	6052
impair ability to practice.	6053

For the purposes of this division, any individual authorized	6054
to practice by this chapter accepts the privilege of practicing in	6055
this state subject to supervision by the board. By filing an	6056
application for or holding a certificate to practice under this	6057
chapter, an individual shall be deemed to have given consent to	6058
submit to a mental or physical examination when ordered to do so	6059
by the board in writing, and to have waived all objections to the	6060
admissibility of testimony or examination reports that constitute	6061
privileged communications.	6062

If it has reason to believe that any individual authorized to	6063
practice by this chapter or any applicant for certification to	6064
practice suffers such impairment, the board may compel the	6065
individual to submit to a mental or physical examination, or both.	6066
The expense of the examination is the responsibility of the	6067
individual compelled to be examined. Any mental or physical	6068
examination required under this division shall be undertaken by a	6069
treatment provider or physician who is qualified to conduct the	6070
examination and who is chosen by the board.	6071

Failure to submit to a mental or physical examination ordered	6072
by the board constitutes an admission of the allegations against	6073
the individual unless the failure is due to circumstances beyond	6074
the individual's control, and a default and final order may be	6075
entered without the taking of testimony or presentation of	6076
evidence. If the board determines that the individual's ability to	6077
practice is impaired, the board shall suspend the individual's	6078
certificate or deny the individual's application and shall require	6079
the individual, as a condition for initial, continued, reinstated,	6080
or renewed certification to practice, to submit to treatment.	6081

Before being eligible to apply for reinstatement of a	6082
certificate suspended under this division, the impaired	6083
practitioner shall demonstrate to the board the ability to resume	6084
practice in compliance with acceptable and prevailing standards of	6085
care under the provisions of the practitioner's certificate. The	6086
demonstration shall include, but shall not be limited to, the	6087
following:	6088

(a) Certification from a treatment provider approved under	6089
section 4731.25 of the Revised Code that the individual has	6090
successfully completed any required inpatient treatment;	6091

(b) Evidence of continuing full compliance with an aftercare	6092
contract or consent agreement;	6093

(c) Two written reports indicating that the individual's	6094
ability to practice has been assessed and that the individual has	6095
been found capable of practicing according to acceptable and	6096
prevailing standards of care. The reports shall be made by	6097
individuals or providers approved by the board for making the	6098
assessments and shall describe the basis for their determination.	6099

The board may reinstate a certificate suspended under this	6100
division after that demonstration and after the individual has	6101
entered into a written consent agreement.	6102

When the impaired practitioner resumes practice, the board	6103
shall require continued monitoring of the individual. The	6104
monitoring shall include, but not be limited to, compliance with	6105
the written consent agreement entered into before reinstatement or	6106
with conditions imposed by board order after a hearing, and, upon	6107
termination of the consent agreement, submission to the board for	6108
at least two years of annual written progress reports made under	6109
penalty of perjury stating whether the individual has maintained	6110
sobriety.	6111

(27) A second or subsequent violation of section 4731.66 or	6112
4731.69 of the Revised Code;	6113

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

6114

(a) Waiving the payment of all or any part of a deductible or	6115
copayment that a patient, pursuant to a health insurance or health	6116
care policy, contract, or plan that covers the individual's	6117
services, otherwise would be required to pay if the waiver is used	6118
as an enticement to a patient or group of patients to receive	6119
health care services from that individual;	6120

(b) Advertising that the individual will waive the payment of	6121
all or any part of a deductible or copayment that a patient,	6122
pursuant to a health insurance or health care policy, contract, or	6123
plan that covers the individual's services, otherwise would be	6124
required to pay.	6125

(29) Failure to use universal blood and body fluid	6126
precautions established by rules adopted under section 4731.051 of	6127
the Revised Code;	6128

(30) Failure to provide notice to, and receive acknowledgment	6129
of the notice from, a patient when required by section 4731.143 of	6130
the Revised Code prior to providing nonemergency professional	6131
services, or failure to maintain that notice in the patient's	6132
file;	6133

(31) Failure of a physician supervising a physician assistant	6134
to maintain supervision in accordance with the requirements of	6135
Chapter 4730. of the Revised Code and the rules adopted under that	6136
chapter;	6137

(32) Failure of a physician or podiatrist to enter into a	6138
standard care arrangement with a clinical nurse specialist,	6139
certified nurse-midwife, or certified nurse practitioner with whom	6140
the physician or podiatrist is in collaboration pursuant to	6141
section 4731.27 of the Revised Code or failure to fulfill the	6142
responsibilities of collaboration after entering into a standard	6143
care arrangement;	6144

(33) Failure to comply with the terms of a consult agreement	6145
entered into with a pharmacist pursuant to section 4729.39 of the	6146
Revised Code;	6147

(34) Failure to cooperate in an investigation conducted by	6148
the board under division (F) of this section, including failure to	6149
comply with a subpoena or order issued by the board or failure to	6150
answer truthfully a question presented by the board in an	6151
investigative interview, an investigative office conference, at a	6152
deposition, or in written interrogatories, except that failure to	6153
cooperate with an investigation shall not constitute grounds for	6154
discipline under this section if a court of competent jurisdiction	6155
has issued an order that either quashes a subpoena or permits the	6156
individual to withhold the testimony or evidence in issue;	6157

(35) Failure to supervise an oriental medicine practitioner	6158
or acupuncturist in accordance with Chapter 4762. of the Revised	6159
Code and the board's rules for providing that supervision;	6160

(36) Failure to supervise an anesthesiologist assistant in	6161
accordance with Chapter 4760. of the Revised Code and the board's	6162
rules for supervision of an anesthesiologist assistant;	6163

(37) Assisting suicide, as defined in section 3795.01 of the	6164
Revised Code;	6165

(38) Failure to comply with the requirements of section	6166
2317.561 of the Revised Code;	6167

(39) Failure to supervise a radiologist assistant in	6168
accordance with Chapter 4774. of the Revised Code and the board's	6169
rules for supervision of radiologist assistants;	6170

(40) Performing or inducing an abortion at an office or	6171
facility with knowledge that the office or facility fails to post	6172
the notice required under section 3701.791 of the Revised Code;	6173

(41) Failure to comply with the standards and procedures	6174
established in rules under section 4731.054 of the Revised Code	6175
for the operation of or the provision of care at a pain management	6176
clinic;	6177

(42) Failure to comply with the standards and procedures	6178
established in rules under section 4731.054 of the Revised Code	6179
for providing supervision, direction, and control of individuals	6180
at a pain management clinic;	6181

(43) Failure to comply with the requirements of section	6182
4729.79 or 4731.055 of the Revised Code, unless the state board of	6183
pharmacy no longer maintains a drug database pursuant to section	6184
4729.75 of the Revised Code;	6185

(44) Failure to comply with the requirements of section	6186
2919.171 of the Revised Code or failure to submit to the	6187
department of health in accordance with a court order a complete	6188
report as described in section 2919.171 of the Revised Code;	6189

(45) Practicing at a facility that is subject to licensure as	6190
a category III terminal distributor of dangerous drugs with a pain	6191
management clinic classification unless the person operating the	6192
facility has obtained and maintains the license with the	6193
classification;	6194

(46) Owning a facility that is subject to licensure as a	6195
category III terminal distributor of dangerous drugs with a pain	6196
management clinic classification unless the facility is licensed	6197
with the classification;	6198

(47) Failure to comply with the requirement regarding	6199
maintaining notes described in division (B) of section 2919.191 of	6200
the Revised Code or failure to satisfy the requirements of section	6201
2919.191 of the Revised Code prior to performing or inducing an	6202
abortion upon a pregnant woman;	6203

(48) Failure to comply with the requirements in section	6204
3719.061 of the Revised Code before issuing tofor a minor a	6205
prescription for ~~a controlled substance containing~~ an opioid	6206
analgesic, as defined in section 3719.01 of the Revised Code.	6207

(C) Disciplinary actions taken by the board under divisions	6208
(A) and (B) of this section shall be taken pursuant to an	6209
adjudication under Chapter 119. of the Revised Code, except that	6210
in lieu of an adjudication, the board may enter into a consent	6211
agreement with an individual to resolve an allegation of a	6212
violation of this chapter or any rule adopted under it. A consent	6213
agreement, when ratified by an affirmative vote of not fewer than	6214
six members of the board, shall constitute the findings and order	6215
of the board with respect to the matter addressed in the	6216
agreement. If the board refuses to ratify a consent agreement, the	6217
admissions and findings contained in the consent agreement shall	6218
be of no force or effect.	6219

A telephone conference call may be utilized for ratification	6220
of a consent agreement that revokes or suspends an individual's	6221
certificate to practice. The telephone conference call shall be	6222
considered a special meeting under division (F) of section 121.22	6223
of the Revised Code.	6224

If the board takes disciplinary action against an individual	6225
under division (B) of this section for a second or subsequent plea	6226
of guilty to, or judicial finding of guilt of, a violation of	6227
section 2919.123 of the Revised Code, the disciplinary action	6228
shall consist of a suspension of the individual's certificate to	6229
practice for a period of at least one year or, if determined	6230
appropriate by the board, a more serious sanction involving the	6231
individual's certificate to practice. Any consent agreement	6232
entered into under this division with an individual that pertains	6233
to a second or subsequent plea of guilty to, or judicial finding	6234
of guilt of, a violation of that section shall provide for a	6235
suspension of the individual's certificate to practice for a	6236
period of at least one year or, if determined appropriate by the	6237
board, a more serious sanction involving the individual's	6238
certificate to practice.	6239

(D) For purposes of divisions (B)(10), (12), and (14) of this	6240
section, the commission of the act may be established by a finding	6241
by the board, pursuant to an adjudication under Chapter 119. of	6242
the Revised Code, that the individual committed the act. The board	6243
does not have jurisdiction under those divisions if the trial	6244
court renders a final judgment in the individual's favor and that	6245
judgment is based upon an adjudication on the merits. The board	6246
has jurisdiction under those divisions if the trial court issues	6247
an order of dismissal upon technical or procedural grounds.	6248

(E) The sealing of conviction records by any court shall have	6249
no effect upon a prior board order entered under this section or	6250
upon the board's jurisdiction to take action under this section	6251
if, based upon a plea of guilty, a judicial finding of guilt, or a	6252
judicial finding of eligibility for intervention in lieu of	6253
conviction, the board issued a notice of opportunity for a hearing	6254
prior to the court's order to seal the records. The board shall	6255
not be required to seal, destroy, redact, or otherwise modify its	6256
records to reflect the court's sealing of conviction records.	6257

(F)(1) The board shall investigate evidence that appears to	6258
show that a person has violated any provision of this chapter or	6259
any rule adopted under it. Any person may report to the board in a	6260
signed writing any information that the person may have that	6261
appears to show a violation of any provision of this chapter or	6262
any rule adopted under it. In the absence of bad faith, any person	6263
who reports information of that nature or who testifies before the	6264
board in any adjudication conducted under Chapter 119. of the	6265
Revised Code shall not be liable in damages in a civil action as a	6266
result of the report or testimony. Each complaint or allegation of	6267
a violation received by the board shall be assigned a case number	6268
and shall be recorded by the board.	6269

(2) Investigations of alleged violations of this chapter or	6270
any rule adopted under it shall be supervised by the supervising	6271
member elected by the board in accordance with section 4731.02 of	6272
the Revised Code and by the secretary as provided in section	6273
4731.39 of the Revised Code. The president may designate another	6274
member of the board to supervise the investigation in place of the	6275
supervising member. No member of the board who supervises the	6276
investigation of a case shall participate in further adjudication	6277
of the case.	6278

(3) In investigating a possible violation of this chapter or	6279
any rule adopted under this chapter, or in conducting an	6280
inspection under division (E) of section 4731.054 of the Revised	6281
Code, the board may question witnesses, conduct interviews,	6282
administer oaths, order the taking of depositions, inspect and	6283
copy any books, accounts, papers, records, or documents, issue	6284
subpoenas, and compel the attendance of witnesses and production	6285
of books, accounts, papers, records, documents, and testimony,	6286
except that a subpoena for patient record information shall not be	6287
issued without consultation with the attorney general's office and	6288
approval of the secretary and supervising member of the board.	6289

(a) Before issuance of a subpoena for patient record	6290
information, the secretary and supervising member shall determine	6291
whether there is probable cause to believe that the complaint	6292
filed alleges a violation of this chapter or any rule adopted	6293
under it and that the records sought are relevant to the alleged	6294
violation and material to the investigation. The subpoena may	6295
apply only to records that cover a reasonable period of time	6296
surrounding the alleged violation.	6297

(b) On failure to comply with any subpoena issued by the	6298
board and after reasonable notice to the person being subpoenaed,	6299
the board may move for an order compelling the production of	6300
persons or records pursuant to the Rules of Civil Procedure.	6301

(c) A subpoena issued by the board may be served by a	6302
sheriff, the sheriff's deputy, or a board employee designated by	6303
the board. Service of a subpoena issued by the board may be made	6304
by delivering a copy of the subpoena to the person named therein,	6305
reading it to the person, or leaving it at the person's usual	6306
place of residence, usual place of business, or address on file	6307
with the board. When serving a subpoena to an applicant for or the	6308
holder of a certificate issued under this chapter, service of the	6309
subpoena may be made by certified mail, return receipt requested,	6310
and the subpoena shall be deemed served on the date delivery is	6311
made or the date the person refuses to accept delivery. If the	6312
person being served refuses to accept the subpoena or is not	6313
located, service may be made to an attorney who notifies the board	6314
that the attorney is representing the person.	6315

(d) A sheriff's deputy who serves a subpoena shall receive	6316
the same fees as a sheriff. Each witness who appears before the	6317
board in obedience to a subpoena shall receive the fees and	6318
mileage provided for under section 119.094 of the Revised Code.	6319

(4) All hearings, investigations, and inspections of the	6320
board shall be considered civil actions for the purposes of	6321
section 2305.252 of the Revised Code.	6322

(5) A report required to be submitted to the board under this	6323
chapter, a complaint, or information received by the board	6324
pursuant to an investigation or pursuant to an inspection under	6325
division (E) of section 4731.054 of the Revised Code is	6326
confidential and not subject to discovery in any civil action.	6327

The board shall conduct all investigations or inspections and	6328
proceedings in a manner that protects the confidentiality of	6329
patients and persons who file complaints with the board. The board	6330
shall not make public the names or any other identifying	6331
information about patients or complainants unless proper consent	6332
is given or, in the case of a patient, a waiver of the patient	6333
privilege exists under division (B) of section 2317.02 of the	6334
Revised Code, except that consent or a waiver of that nature is	6335
not required if the board possesses reliable and substantial	6336
evidence that no bona fide physician-patient relationship exists.	6337

The board may share any information it receives pursuant to	6338
an investigation or inspection, including patient records and	6339
patient record information, with law enforcement agencies, other	6340
licensing boards, and other governmental agencies that are	6341
prosecuting, adjudicating, or investigating alleged violations of	6342
statutes or administrative rules. An agency or board that receives	6343
the information shall comply with the same requirements regarding	6344
confidentiality as those with which the state medical board must	6345
comply, notwithstanding any conflicting provision of the Revised	6346
Code or procedure of the agency or board that applies when it is	6347
dealing with other information in its possession. In a judicial	6348
proceeding, the information may be admitted into evidence only in	6349
accordance with the Rules of Evidence, but the court shall require	6350
that appropriate measures are taken to ensure that confidentiality	6351
is maintained with respect to any part of the information that	6352
contains names or other identifying information about patients or	6353
complainants whose confidentiality was protected by the state	6354
medical board when the information was in the board's possession.	6355
Measures to ensure confidentiality that may be taken by the court	6356
include sealing its records or deleting specific information from	6357
its records.	6358

(6) On a quarterly basis, the board shall prepare a report	6359
that documents the disposition of all cases during the preceding	6360
three months. The report shall contain the following information	6361
for each case with which the board has completed its activities:	6362

(a) The case number assigned to the complaint or alleged	6363
violation;	6364

(b) The type of certificate to practice, if any, held by the	6365
individual against whom the complaint is directed;	6366

(c) A description of the allegations contained in the	6367
complaint;	6368

(d) The disposition of the case.

6369

The report shall state how many cases are still pending and	6370
shall be prepared in a manner that protects the identity of each	6371
person involved in each case. The report shall be a public record	6372
under section 149.43 of the Revised Code.	6373

(G) If the secretary and supervising member determine both of	6374
the following, they may recommend that the board suspend an	6375
individual's certificate to practice without a prior hearing:	6376

(1) That there is clear and convincing evidence that an	6377
individual has violated division (B) of this section;	6378

(2) That the individual's continued practice presents a	6379
danger of immediate and serious harm to the public.	6380

Written allegations shall be prepared for consideration by	6381
the board. The board, upon review of those allegations and by an	6382
affirmative vote of not fewer than six of its members, excluding	6383
the secretary and supervising member, may suspend a certificate	6384
without a prior hearing. A telephone conference call may be	6385
utilized for reviewing the allegations and taking the vote on the	6386
summary suspension.	6387

The board shall issue a written order of suspension by	6388
certified mail or in person in accordance with section 119.07 of	6389
the Revised Code. The order shall not be subject to suspension by	6390
the court during pendency of any appeal filed under section 119.12	6391
of the Revised Code. If the individual subject to the summary	6392
suspension requests an adjudicatory hearing by the board, the date	6393
set for the hearing shall be within fifteen days, but not earlier	6394
than seven days, after the individual requests the hearing, unless	6395
otherwise agreed to by both the board and the individual.	6396

Any summary suspension imposed under this division shall	6397
remain in effect, unless reversed on appeal, until a final	6398
adjudicative order issued by the board pursuant to this section	6399
and Chapter 119. of the Revised Code becomes effective. The board	6400
shall issue its final adjudicative order within seventy-five days	6401
after completion of its hearing. A failure to issue the order	6402
within seventy-five days shall result in dissolution of the	6403
summary suspension order but shall not invalidate any subsequent,	6404
final adjudicative order.	6405

(H) If the board takes action under division (B)(9), (11), or	6406
(13) of this section and the judicial finding of guilt, guilty	6407
plea, or judicial finding of eligibility for intervention in lieu	6408
of conviction is overturned on appeal, upon exhaustion of the	6409
criminal appeal, a petition for reconsideration of the order may	6410
be filed with the board along with appropriate court documents.	6411
Upon receipt of a petition of that nature and supporting court	6412
documents, the board shall reinstate the individual's certificate	6413
to practice. The board may then hold an adjudication under Chapter	6414
119. of the Revised Code to determine whether the individual	6415
committed the act in question. Notice of an opportunity for a	6416
hearing shall be given in accordance with Chapter 119. of the	6417
Revised Code. If the board finds, pursuant to an adjudication held	6418
under this division, that the individual committed the act or if	6419
no hearing is requested, the board may order any of the sanctions	6420
identified under division (B) of this section.	6421

(I) The certificate to practice issued to an individual under	6422
this chapter and the individual's practice in this state are	6423
automatically suspended as of the date of the individual's second	6424
or subsequent plea of guilty to, or judicial finding of guilt of,	6425
a violation of section 2919.123 of the Revised Code, or the date	6426
the individual pleads guilty to, is found by a judge or jury to be	6427
guilty of, or is subject to a judicial finding of eligibility for	6428
intervention in lieu of conviction in this state or treatment or	6429
intervention in lieu of conviction in another jurisdiction for any	6430
of the following criminal offenses in this state or a	6431
substantially equivalent criminal offense in another jurisdiction:	6432
aggravated murder, murder, voluntary manslaughter, felonious	6433
assault, kidnapping, rape, sexual battery, gross sexual	6434
imposition, aggravated arson, aggravated robbery, or aggravated	6435
burglary. Continued practice after suspension shall be considered	6436
practicing without a certificate.	6437

The board shall notify the individual subject to the	6438
suspension by certified mail or in person in accordance with	6439
section 119.07 of the Revised Code. If an individual whose	6440
certificate is automatically suspended under this division fails	6441
to make a timely request for an adjudication under Chapter 119. of	6442
the Revised Code, the board shall do whichever of the following is	6443
applicable:	6444

(1) If the automatic suspension under this division is for a	6445
second or subsequent plea of guilty to, or judicial finding of	6446
guilt of, a violation of section 2919.123 of the Revised Code, the	6447
board shall enter an order suspending the individual's certificate	6448
to practice for a period of at least one year or, if determined	6449
appropriate by the board, imposing a more serious sanction	6450
involving the individual's certificate to practice.	6451

(2) In all circumstances in which division (I)(1) of this	6452
section does not apply, enter a final order permanently revoking	6453
the individual's certificate to practice.	6454

(J) If the board is required by Chapter 119. of the Revised	6455
Code to give notice of an opportunity for a hearing and if the	6456
individual subject to the notice does not timely request a hearing	6457
in accordance with section 119.07 of the Revised Code, the board	6458
is not required to hold a hearing, but may adopt, by an	6459
affirmative vote of not fewer than six of its members, a final	6460
order that contains the board's findings. In that final order, the	6461
board may order any of the sanctions identified under division (A)	6462
or (B) of this section.	6463

(K) Any action taken by the board under division (B) of this	6464
section resulting in a suspension from practice shall be	6465
accompanied by a written statement of the conditions under which	6466
the individual's certificate to practice may be reinstated. The	6467
board shall adopt rules governing conditions to be imposed for	6468
reinstatement. Reinstatement of a certificate suspended pursuant	6469
to division (B) of this section requires an affirmative vote of	6470
not fewer than six members of the board.	6471

(L) When the board refuses to grant a certificate to an	6472
applicant, revokes an individual's certificate to practice,	6473
refuses to register an applicant, or refuses to reinstate an	6474
individual's certificate to practice, the board may specify that	6475
its action is permanent. An individual subject to a permanent	6476
action taken by the board is forever thereafter ineligible to hold	6477
a certificate to practice and the board shall not accept an	6478
application for reinstatement of the certificate or for issuance	6479
of a new certificate.	6480

(M) Notwithstanding any other provision of the Revised Code,	6481
all of the following apply:	6482

(1) The surrender of a certificate issued under this chapter	6483
shall not be effective unless or until accepted by the board. A	6484
telephone conference call may be utilized for acceptance of the	6485
surrender of an individual's certificate to practice. The	6486
telephone conference call shall be considered a special meeting	6487
under division (F) of section 121.22 of the Revised Code.	6488
Reinstatement of a certificate surrendered to the board requires	6489
an affirmative vote of not fewer than six members of the board.	6490

(2) An application for a certificate made under the	6491
provisions of this chapter may not be withdrawn without approval	6492
of the board.	6493

(3) Failure by an individual to renew a certificate of	6494
registration in accordance with this chapter shall not remove or	6495
limit the board's jurisdiction to take any disciplinary action	6496
under this section against the individual.	6497

(4) At the request of the board, a certificate holder shall	6498
immediately surrender to the board a certificate that the board	6499
has suspended, revoked, or permanently revoked.	6500

(N) Sanctions shall not be imposed under division (B)(28) of	6501
this section against any person who waives deductibles and	6502
copayments as follows:	6503

(1) In compliance with the health benefit plan that expressly	6504
allows such a practice. Waiver of the deductibles or copayments	6505
shall be made only with the full knowledge and consent of the plan	6506
purchaser, payer, and third-party administrator. Documentation of	6507
the consent shall be made available to the board upon request.	6508

(2) For professional services rendered to any other person	6509
authorized to practice pursuant to this chapter, to the extent	6510
allowed by this chapter and rules adopted by the board.	6511

(O) Under the board's investigative duties described in this	6512
section and subject to division (F) of this section, the board	6513
shall develop and implement a quality intervention program	6514
designed to improve through remedial education the clinical and	6515
communication skills of individuals authorized under this chapter	6516
to practice medicine and surgery, osteopathic medicine and	6517
surgery, and podiatric medicine and surgery. In developing and	6518
implementing the quality intervention program, the board may do	6519
all of the following:	6520

(1) Offer in appropriate cases as determined by the board an	6521
educational and assessment program pursuant to an investigation	6522
the board conducts under this section;	6523

(2) Select providers of educational and assessment services,	6524
including a quality intervention program panel of case reviewers;	6525

(3) Make referrals to educational and assessment service	6526
providers and approve individual educational programs recommended	6527
by those providers. The board shall monitor the progress of each	6528
individual undertaking a recommended individual educational	6529
program.	6530

(4) Determine what constitutes successful completion of an	6531
individual educational program and require further monitoring of	6532
the individual who completed the program or other action that the	6533
board determines to be appropriate;	6534

(5) Adopt rules in accordance with Chapter 119. of the	6535
Revised Code to further implement the quality intervention	6536
program.	6537

An individual who participates in an individual educational	6538
program pursuant to this division shall pay the financial	6539
obligations arising from that educational program.	6540

Section 4. That the existing versions of sections 4715.30,	6541
4715.302, 4723.28, 4723.487, 4725.092, 4725.19, 4730.25, 4730.53,	6542
4731.055, and 4731.22 of the Revised Code that are scheduled to	6543
take effect April 1, 2015, are hereby repealed.	6544

Section 5. Sections 3 and 4 of this act shall take effect	6545
April 1, 2015."	6546

Section 6. Not later than twenty-four months after the	6547
effective date of this act, the Department of Health shall prepare	6548
a report regarding the feasibility of requiring all individuals	6549
who administer vaccines in this state to submit immunization	6550
administration information to the Department's statewide	6551
immunization registry known as ImpactSIIS. On completion, the	6552
Department shall submit the report to the Governor and, in	6553
accordance with section 101.68 of the Revised Code, to the General	6554
Assembly.	6555

Section 7. An individual may apply for reinstatement of a	6556
license under division (E) of section 4773.03 of the Revised Code,	6557
as amended by this act, even if the individual had applied prior	6558
to the effective date of this section for a new license pursuant	6559
to paragraph (O) of rule 3701-72-02 of the Administrative Code and	6560
the application was denied. The Department of Health shall accept	6561
and review the individual's application for reinstatement. If the	6562
applicant meets the requirements of division (E) of section	6563
4773.03 of the Revised Code, as amended by this act, the	6564
Department shall reinstate the applicant's license to practice as	6565
a general x-ray machine operator, radiographer, radiation therapy	6566
technologist, or nuclear medicine technologist.	6567

Section 8. Sections 1 and 2 of this act, except sections	6568
4773.03, 4773.08, 5165.08, 5165.513, 5165.515, and 5165.99 of the	6569
Revised Code, take effect ninety days after the effective date of	6570
this section.	6571

Sections 4773.03, 4773.08, 5165.08, 5165.513, 5165.515, and	6572
5165.99 of the Revised Code, as amended by this act, take effect	6573
January 1, 2015.	6574

Section 6 of this act takes effect ninety days after the	6575
effective date of this act.	6576

Section 7 of this act takes effect January 1, 2015.

6577

Section 9. The versions of sections 5165.08, 5165.513,	6578
5165.515, and 5165.99 of the Revised Code presented in this act	6579
are the versions of the sections that result from Sections 110.25,	6580
110.26, and 110.27 of Am. Sub. H.B. 59 of the 130th General	6581
Assembly.	6582

Section 10. The General Assembly, applying the principle	6583
stated in division (B) of section 1.52 of the Revised Code that	6584
amendments are to be harmonized if reasonably capable of	6585
simultaneous operation, finds that the following sections,	6586
presented in this act as composites of the sections as amended by	6587
the acts indicated, are the resulting versions of the sections in	6588
effect prior to the effective date of the sections as presented in	6589
this act:	6590

Section 2925.02 of the Revised Code as amended by both Sub.	6591
H.B. 64 and Am. Sub. H.B. 86 of the 129th General Assembly.	6592

Section 3701.63 of the Revised Code as amended by both Am.	6593
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly.	6594

Sections 4715.30, 4723.28, 4729.12, 4730.25, and 4731.22 of	6595
the Revised Code as amended by Sub. H.B. 314, Am. Sub. H.B. 341,	6596
and Am. Sub. H.B. 483 all of the 130th General Assembly.	6597

Section 4729.12 of the Revised Code as amended by Am. Sub.	6598
H.B. 341, Am. Sub. H.B. 483, and Am. Sub. H.B. 488, all of the	6599
130th General Assembly.	6600

Section 11. This act is hereby declared to be an emergency	6601
measure necessary for the immediate preservation of the public	6602
peace, health, and safety. The reason for such necessity is to	6603
provide continuity in the operation of nursing facilities in this	6604
state and in the provision of services by radiologic personnel to	6605
the residents of this state. Therefore, this act shall go into	6606
immediate effect.	6607