As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 412

Representative Gonzales 

Cosponsors: Representatives Bishoff, Hood, Terhar, Young 

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A BILL

To amend sections 1.64, 2133.211, 2305.113, 4503.44,

1

4729.01, 4730.01, 4730.02, 4730.03, 4730.04,

2

4730.06, 4730.08, 4730.091, 4730.10, 4730.101,

3

4730.11, 4730.12, 4730.13, 4730.14, 4730.16,

4

4730.21, 4730.25, 4730.251, 4730.27, 4730.28,

5

4730.31, 4730.32, 4730.33, 4730.38, 4730.39,

6

4730.41, 4730.42, 4730.43, 4730.49, 4730.51,

7

4730.53, 4765.01, 4765.51, and 5123.47, to amend,

8

for the purpose of adopting a new section number

9

as shown in parentheses, sections 4730.091

10

(4730.201) and 4730.092 (4730.202), to enact new

11

section 4730.20, and to repeal sections 4730.081,

12

4730.09, 4730.15, 4730.17, 4730.18, 4730.19,

13

4730.20, 4730.401, 4730.44, 4730.45, 4730.46,

14

4730.47, 4730.48, 4730.50, and 4730.52 of the

15

Revised Code to revise the law governing the

16

practice of physician assistants.

17

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

Section 1. That sections 1.64, 2133.211, 2305.113, 4503.44,	18
4729.01, 4730.01, 4730.02, 4730.03, 4730.04, 4730.06, 4730.08,	19
4730.091, 4730.10, 4730.101, 4730.11, 4730.12, 4730.13, 4730.14,	20
4730.16, 4730.21, 4730.25, 4730.251, 4730.27, 4730.28, 4730.31,	21
4730.32, 4730.33, 4730.38, 4730.39, 4730.41, 4730.42, 4730.43,	22
4730.49, 4730.51, 4730.53, 4765.01, 4765.51, and 5123.47 be	23
amended, and sections 4730.091 (4730.201) and 4730.092 (4730.202)	24
be amended for the purpose of adopting new section numbers as	25
indicated in parentheses, and new section 4730.20 of the Revised	26
Code be enacted to read as follows:	27

Sec. 1.64. As used in the Revised Code:

28

(A) "Certified nurse-midwife" means a registered nurse who	29
holds a valid certificate of authority issued under Chapter 4723.	30
of the Revised Code that authorizes the practice of nursing as a	31
certified nurse-midwife in accordance with section 4723.43 of the	32
Revised Code and rules adopted by the board of nursing.	33

(B) "Certified nurse practitioner" means a registered nurse	34
who holds a valid certificate of authority issued under Chapter	35
4723. of the Revised Code that authorizes the practice of nursing	36
as a certified nurse practitioner in accordance with section	37
4723.43 of the Revised Code and rules adopted by the board of	38
nursing.	39

(C) "Clinical nurse specialist" means a registered nurse who	40
holds a valid certificate of authority issued under Chapter 4723.	41
of the Revised Code that authorizes the practice of nursing as a	42
clinical nurse specialist in accordance with section 4723.43 of	43
the Revised Code and rules adopted by the board of nursing.	44

(D) "Physician assistant" means an individual who holds a	45
valid certificate to practice issuedis licensed under Chapter	46
4730. of the Revised Code authorizing the individual to provide	47
services as a physician assistant to patients under the	48
supervision, control, and direction of one or more physicians.	49

Sec. 2133.211.  A person who holds a certificate of authority	50
to practice as a certified nurse practitioner or clinical nurse	51
specialist issued under, as defined in section 4723.421.64 of the	52
Revised Code, may take any action that may be taken by an	53
attending physician under sections 2133.21 to 2133.26 of the	54
Revised Code and has the immunity provided by section 2133.22 of	55
the Revised Code if the action is taken pursuant to a standard	56
care arrangement with a collaborating physician.	57

A person who holds a certificate to practice as a physician	58
assistant issued under Chapter 4730., as defined in section 1.64	59
of the Revised Code, may take any action that may be taken by an	60
attending physician under sections 2133.21 to 2133.26 of the	61
Revised Code and has the immunity provided by section 2133.22 of	62
the Revised Code if the action is taken pursuant to a physician	63
supervisory plan approved pursuant tosupervision agreement	64
entered into under section 4730.174730.16 of the Revised Code or	65
the policies of a health care facility in which the physician	66
assistant is practicing.	67

Sec. 2305.113. (A) Except as otherwise provided in this	68
section, an action upon a medical, dental, optometric, or	69
chiropractic claim shall be commenced within one year after the	70
cause of action accrued.	71

(B)(1) If prior to the expiration of the one-year period	72
specified in division (A) of this section, a claimant who	73
allegedly possesses a medical, dental, optometric, or chiropractic	74
claim gives to the person who is the subject of that claim written	75
notice that the claimant is considering bringing an action upon	76
that claim, that action may be commenced against the person	77
notified at any time within one hundred eighty days after the	78
notice is so given.	79

(2) An insurance company shall not consider the existence or	80
nonexistence of a written notice described in division (B)(1) of	81
this section in setting the liability insurance premium rates that	82
the company may charge the company's insured person who is	83
notified by that written notice.	84

(C) Except as to persons within the age of minority or of	85
unsound mind as provided by section 2305.16 of the Revised Code,	86
and except as provided in division (D) of this section, both of	87
the following apply:	88

(1) No action upon a medical, dental, optometric, or	89
chiropractic claim shall be commenced more than four years after	90
the occurrence of the act or omission constituting the alleged	91
basis of the medical, dental, optometric, or chiropractic claim.	92

(2) If an action upon a medical, dental, optometric, or	93
chiropractic claim is not commenced within four years after the	94
occurrence of the act or omission constituting the alleged basis	95
of the medical, dental, optometric, or chiropractic claim, then,	96
any action upon that claim is barred.	97

(D)(1) If a person making a medical claim, dental claim,	98
optometric claim, or chiropractic claim, in the exercise of	99
reasonable care and diligence, could not have discovered the	100
injury resulting from the act or omission constituting the alleged	101
basis of the claim within three years after the occurrence of the	102
act or omission, but, in the exercise of reasonable care and	103
diligence, discovers the injury resulting from that act or	104
omission before the expiration of the four-year period specified	105
in division (C)(1) of this section, the person may commence an	106
action upon the claim not later than one year after the person	107
discovers the injury resulting from that act or omission.	108

(2) If the alleged basis of a medical claim, dental claim,	109
optometric claim, or chiropractic claim is the occurrence of an	110
act or omission that involves a foreign object that is left in the	111
body of the person making the claim, the person may commence an	112
action upon the claim not later than one year after the person	113
discovered the foreign object or not later than one year after the	114
person, with reasonable care and diligence, should have discovered	115
the foreign object.	116

(3) A person who commences an action upon a medical claim,	117
dental claim, optometric claim, or chiropractic claim under the	118
circumstances described in division (D)(1) or (2) of this section	119
has the affirmative burden of proving, by clear and convincing	120
evidence, that the person, with reasonable care and diligence,	121
could not have discovered the injury resulting from the act or	122
omission constituting the alleged basis of the claim within the	123
three-year period described in division (D)(1) of this section or	124
within the one-year period described in division (D)(2) of this	125
section, whichever is applicable.	126

(E) As used in this section:

127

(1) "Hospital" includes any person, corporation, association,	128
board, or authority that is responsible for the operation of any	129
hospital licensed or registered in the state, including, but not	130
limited to, those that are owned or operated by the state,	131
political subdivisions, any person, any corporation, or any	132
combination of the state, political subdivisions, persons, and	133
corporations. "Hospital" also includes any person, corporation,	134
association, board, entity, or authority that is responsible for	135
the operation of any clinic that employs a full-time staff of	136
physicians practicing in more than one recognized medical	137
specialty and rendering advice, diagnosis, care, and treatment to	138
individuals. "Hospital" does not include any hospital operated by	139
the government of the United States or any of its branches.	140

(2) "Physician" means a person who is licensed to practice	141
medicine and surgery or osteopathic medicine and surgery by the	142
state medical board or a person who otherwise is authorized to	143
practice medicine and surgery or osteopathic medicine and surgery	144
in this state.	145

(3) "Medical claim" means any claim that is asserted in any	146
civil action against a physician, podiatrist, hospital, home, or	147
residential facility, against any employee or agent of a	148
physician, podiatrist, hospital, home, or residential facility, or	149
against a licensed practical nurse, registered nurse, advanced	150
practice registered nurse, physical therapist, physician	151
assistant, emergency medical technician-basic, emergency medical	152
technician-intermediate, or emergency medical	153
technician-paramedic, and that arises out of the medical	154
diagnosis, care, or treatment of any person. "Medical claim"	155
includes the following:	156

(a) Derivative claims for relief that arise from the medical	157
diagnosis, care, or treatment of a person;	158

(b) Claims that arise out of the medical diagnosis, care, or	159
treatment of any person and to which either of the following	160
applies:	161

(i) The claim results from acts or omissions in providing	162
medical care.	163

(ii) The claim results from the hiring, training,	164
supervision, retention, or termination of caregivers providing	165
medical diagnosis, care, or treatment.	166

(c) Claims that arise out of the medical diagnosis, care, or	167
treatment of any person and that are brought under section 3721.17	168
of the Revised Code.	169

(4) "Podiatrist" means any person who is licensed to practice	170
podiatric medicine and surgery by the state medical board.	171

(5) "Dentist" means any person who is licensed to practice	172
dentistry by the state dental board.	173

(6) "Dental claim" means any claim that is asserted in any	174
civil action against a dentist, or against any employee or agent	175
of a dentist, and that arises out of a dental operation or the	176
dental diagnosis, care, or treatment of any person. "Dental claim"	177
includes derivative claims for relief that arise from a dental	178
operation or the dental diagnosis, care, or treatment of a person.	179

(7) "Derivative claims for relief" include, but are not	180
limited to, claims of a parent, guardian, custodian, or spouse of	181
an individual who was the subject of any medical diagnosis, care,	182
or treatment, dental diagnosis, care, or treatment, dental	183
operation, optometric diagnosis, care, or treatment, or	184
chiropractic diagnosis, care, or treatment, that arise from that	185
diagnosis, care, treatment, or operation, and that seek the	186
recovery of damages for any of the following:	187

(a) Loss of society, consortium, companionship, care,	188
assistance, attention, protection, advice, guidance, counsel,	189
instruction, training, or education, or any other intangible loss	190
that was sustained by the parent, guardian, custodian, or spouse;	191

(b) Expenditures of the parent, guardian, custodian, or	192
spouse for medical, dental, optometric, or chiropractic care or	193
treatment, for rehabilitation services, or for other care,	194
treatment, services, products, or accommodations provided to the	195
individual who was the subject of the medical diagnosis, care, or	196
treatment, the dental diagnosis, care, or treatment, the dental	197
operation, the optometric diagnosis, care, or treatment, or the	198
chiropractic diagnosis, care, or treatment.	199

(8) "Registered nurse" means any person who is licensed to	200
practice nursing as a registered nurse by the board of nursing.	201

(9) "Chiropractic claim" means any claim that is asserted in	202
any civil action against a chiropractor, or against any employee	203
or agent of a chiropractor, and that arises out of the	204
chiropractic diagnosis, care, or treatment of any person.	205
"Chiropractic claim" includes derivative claims for relief that	206
arise from the chiropractic diagnosis, care, or treatment of a	207
person.	208

(10) "Chiropractor" means any person who is licensed to	209
practice chiropractic by the state chiropractic board.	210

(11) "Optometric claim" means any claim that is asserted in	211
any civil action against an optometrist, or against any employee	212
or agent of an optometrist, and that arises out of the optometric	213
diagnosis, care, or treatment of any person. "Optometric claim"	214
includes derivative claims for relief that arise from the	215
optometric diagnosis, care, or treatment of a person.	216

(12) "Optometrist" means any person licensed to practice	217
optometry by the state board of optometry.	218

(13) "Physical therapist" means any person who is licensed to	219
practice physical therapy under Chapter 4755. of the Revised Code.	220

(14) "Home" has the same meaning as in section 3721.10 of the	221
Revised Code.	222

(15) "Residential facility" means a facility licensed under	223
section 5123.19 of the Revised Code.	224

(16) "Advanced practice registered nurse" means any certified	225
nurse practitioner, clinical nurse specialist, certified	226
registered nurse anesthetist, or certified nurse-midwife who holds	227
a certificate of authority issued by the board of nursing under	228
Chapter 4723. of the Revised Code.	229

(17) "Licensed practical nurse" means any person who is	230
licensed to practice nursing as a licensed practical nurse by the	231
board of nursing pursuant to Chapter 4723. of the Revised Code.	232

(18) "Physician assistant" means any person who holds a valid	233
certificate to practice issued pursuant to Chapter 4730.has the	234
same meaning as in section 1.64 of the Revised Code.	235

(19) "Emergency medical technician-basic," "emergency medical	236
technician-intermediate," and "emergency medical	237
technician-paramedic" means any person who is certified under	238
Chapter 4765. of the Revised Code as an emergency medical	239
technician-basic, emergency medical technician-intermediate, or	240
emergency medical technician-paramedic, whichever is applicable.	241

Sec. 4503.44.  (A) As used in this section and in section	242
4511.69 of the Revised Code:	243

(1) "Person with a disability that limits or impairs the	244
ability to walk" means any person who, as determined by a health	245
care provider, meets any of the following criteria:	246

(a) Cannot walk two hundred feet without stopping to rest;

247

(b) Cannot walk without the use of, or assistance from, a	248
brace, cane, crutch, another person, prosthetic device,	249
wheelchair, or other assistive device;	250

(c) Is restricted by a lung disease to such an extent that	251
the person's forced (respiratory) expiratory volume for one	252
second, when measured by spirometry, is less than one liter, or	253
the arterial oxygen tension is less than sixty millimeters of	254
mercury on room air at rest;	255

(d) Uses portable oxygen;

256

(e) Has a cardiac condition to the extent that the person's	257
functional limitations are classified in severity as class III or	258
class IV according to standards set by the American heart	259
association;	260

(f) Is severely limited in the ability to walk due to an	261
arthritic, neurological, or orthopedic condition;	262

(g) Is blind.

263

(2) "Organization" means any private organization or	264
corporation, or any governmental board, agency, department,	265
division, or office, that, as part of its business or program,	266
transports persons with disabilities that limit or impair the	267
ability to walk on a regular basis in a motor vehicle that has not	268
been altered for the purpose of providing it with special	269
equipment for use by persons with disabilities. This definition	270
does not apply to division (J) of this section.	271

(3) "Health care provider" means a physician, physician	272
assistant, advanced practice registered nurse, or chiropractor as	273
defined in this section.	274

(4) "Physician" means a person licensed to practice medicine	275
or surgery or osteopathic medicine and surgery under Chapter 4731.	276
of the Revised Code.	277

(5) "Chiropractor" means a person licensed to practice	278
chiropractic under Chapter 4734. of the Revised Code.	279

(6) "Advanced practice registered nurse" means a certified	280
nurse practitioner, clinical nurse specialist, certified	281
registered nurse anesthetist, or certified nurse-midwife who holds	282
a certificate of authority issued by the board of nursing under	283
Chapter 4723. of the Revised Code.	284

(7) "Physician assistant" means a person who holds a	285
certificate to practice as a physician assistant issued under	286
Chapter 4730.has the same meaning as in section 1.64 of the	287
Revised Code.	288

(B) Any organization or person with a disability that limits	289
or impairs the ability to walk may apply to the registrar of motor	290
vehicles for a removable windshield placard or, if the person owns	291
or leases a motor vehicle, the person may apply for the	292
registration of any motor vehicle the person owns or leases. In	293
addition to one or more sets of license plates or one placard, a	294
person with a disability that limits or impairs the ability to	295
walk is entitled to one additional placard, but only if the person	296
applies separately for the additional placard, states the reasons	297
why the additional placard is needed, and the registrar, in the	298
registrar's discretion, determines that good and justifiable cause	299
exists to approve the request for the additional placard. When a	300
motor vehicle has been altered for the purpose of providing it	301
with special equipment for a person with a disability that limits	302
or impairs the ability to walk, but is owned or leased by someone	303
other than such a person, the owner or lessee may apply to the	304
registrar or a deputy registrar for registration under this	305
section. The application for registration of a motor vehicle owned	306
or leased by a person with a disability that limits or impairs the	307
ability to walk shall be accompanied by a signed statement from	308
the applicant's health care provider certifying that the applicant	309
meets at least one of the criteria contained in division (A)(1) of	310
this section and that the disability is expected to continue for	311
more than six consecutive months. The application for a removable	312
windshield placard made by a person with a disability that limits	313
or impairs the ability to walk shall be accompanied by a	314
prescription from the applicant's health care provider prescribing	315
such a placard for the applicant, provided that the applicant	316
meets at least one of the criteria contained in division (A)(1) of	317
this section. The health care provider shall state on the	318
prescription the length of time the health care provider expects	319
the applicant to have the disability that limits or impairs the	320
applicant's ability to walk. The application for a removable	321
windshield placard made by an organization shall be accompanied by	322
such documentary evidence of regular transport of persons with	323
disabilities that limit or impair the ability to walk by the	324
organization as the registrar may require by rule and shall be	325
completed in accordance with procedures that the registrar may	326
require by rule. The application for registration of a motor	327
vehicle that has been altered for the purpose of providing it with	328
special equipment for a person with a disability that limits or	329
impairs the ability to walk but is owned by someone other than	330
such a person shall be accompanied by such documentary evidence of	331
vehicle alterations as the registrar may require by rule.	332

(C) When an organization, a person with a disability that	333
limits or impairs the ability to walk, or a person who does not	334
have a disability that limits or impairs the ability to walk but	335
owns a motor vehicle that has been altered for the purpose of	336
providing it with special equipment for a person with a disability	337
that limits or impairs the ability to walk first submits an	338
application for registration of a motor vehicle under this section	339
and every fifth year thereafter, the organization or person shall	340
submit a signed statement from the applicant's health care	341
provider, a completed application, and any required documentary	342
evidence of vehicle alterations as provided in division (B) of	343
this section, and also a power of attorney from the owner of the	344
motor vehicle if the applicant leases the vehicle. Upon submission	345
of these items, the registrar or deputy registrar shall issue to	346
the applicant appropriate vehicle registration and a set of	347
license plates and validation stickers, or validation stickers	348
alone when required by section 4503.191 of the Revised Code. In	349
addition to the letters and numbers ordinarily inscribed thereon,	350
the license plates shall be imprinted with the international	351
symbol of access. The license plates and validation stickers shall	352
be issued upon payment of the regular license fee as prescribed	353
under section 4503.04 of the Revised Code and any motor vehicle	354
tax levied under Chapter 4504. of the Revised Code, and the	355
payment of a service fee equal to the amount specified in division	356
(D) or (G) of section 4503.10 of the Revised Code.	357

(D)(1) Upon receipt of a completed and signed application for	358
a removable windshield placard, a prescription as described in	359
division (B) of this section, documentary evidence of regular	360
transport of persons with disabilities that limit or impair the	361
ability to walk, if required, and payment of a service fee equal	362
to the amount specified in division (D) or (G) of section 4503.10	363
of the Revised Code, the registrar or deputy registrar shall issue	364
to the applicant a removable windshield placard, which shall bear	365
the date of expiration on both sides of the placard and shall be	366
valid until expired, revoked, or surrendered. Every removable	367
windshield placard expires as described in division (D)(2) of this	368
section, but in no case shall a removable windshield placard be	369
valid for a period of less than sixty days. Removable windshield	370
placards shall be renewable upon application as provided in	371
division (B) of this section, and a service fee equal to the	372
amount specified in division (D) or (G) of section 4503.10 of the	373
Revised Code shall be charged for the renewal of a removable	374
windshield placard. The registrar shall provide the application	375
form and shall determine the information to be included thereon.	376
The registrar also shall determine the form and size of the	377
removable windshield placard, the material of which it is to be	378
made, and any other information to be included thereon, and shall	379
adopt rules relating to the issuance, expiration, revocation,	380
surrender, and proper display of such placards. Any placard issued	381
after October 14, 1999, shall be manufactured in a manner that	382
allows the expiration date of the placard to be indicated on it	383
through the punching, drilling, boring, or creation by any other	384
means of holes in the placard.	385

(2) At the time a removable windshield placard is issued to a	386
person with a disability that limits or impairs the ability to	387
walk, the registrar or deputy registrar shall enter into the	388
records of the bureau of motor vehicles the last date on which the	389
person will have that disability, as indicated on the accompanying	390
prescription. Not less than thirty days prior to that date and all	391
removable windshield placard renewal dates, the bureau shall send	392
a renewal notice to that person at the person's last known address	393
as shown in the records of the bureau, informing the person that	394
the person's removable windshield placard will expire on the	395
indicated date not to exceed five years from the date of issuance,	396
and that the person is required to renew the placard by submitting	397
to the registrar or a deputy registrar another prescription, as	398
described in division (B) of this section, and by complying with	399
the renewal provisions prescribed in division (D)(1) of this	400
section. If such a prescription is not received by the registrar	401
or a deputy registrar by that date, the placard issued to that	402
person expires and no longer is valid, and this fact shall be	403
recorded in the records of the bureau.	404

(3) At least once every year, on a date determined by the	405
registrar, the bureau shall examine the records of the office of	406
vital statistics, located within the department of health, that	407
pertain to deceased persons, and also the bureau's records of all	408
persons who have been issued removable windshield placards and	409
temporary removable windshield placards. If the records of the	410
office of vital statistics indicate that a person to whom a	411
removable windshield placard or temporary removable windshield	412
placard has been issued is deceased, the bureau shall cancel that	413
placard, and note the cancellation in its records.	414

The office of vital statistics shall make available to the	415
bureau all information necessary to enable the bureau to comply	416
with division (D)(3) of this section.	417

(4) Nothing in this section shall be construed to require a	418
person or organization to apply for a removable windshield placard	419
or special license plates if the parking card or special license	420
plates issued to the person or organization under prior law have	421
not expired or been surrendered or revoked.	422

(E)(1)(a) Any person with a disability that limits or impairs	423
the ability to walk may apply to the registrar or a deputy	424
registrar for a temporary removable windshield placard. The	425
application for a temporary removable windshield placard shall be	426
accompanied by a prescription from the applicant's health care	427
provider prescribing such a placard for the applicant, provided	428
that the applicant meets at least one of the criteria contained in	429
division (A)(1) of this section and that the disability is	430
expected to continue for six consecutive months or less. The	431
health care provider shall state on the prescription the length of	432
time the health care provider expects the applicant to have the	433
disability that limits or impairs the applicant's ability to walk,	434
which cannot exceed six months from the date of the prescription.	435
Upon receipt of an application for a temporary removable	436
windshield placard, presentation of the prescription from the	437
applicant's health care provider, and payment of a service fee	438
equal to the amount specified in division (D) or (G) of section	439
4503.10 of the Revised Code, the registrar or deputy registrar	440
shall issue to the applicant a temporary removable windshield	441
placard.	442

(b) Any active-duty member of the armed forces of the United	443
States, including the reserve components of the armed forces and	444
the national guard, who has an illness or injury that limits or	445
impairs the ability to walk may apply to the registrar or a deputy	446
registrar for a temporary removable windshield placard. With the	447
application, the person shall present evidence of the person's	448
active-duty status and the illness or injury. Evidence of the	449
illness or injury may include a current department of defense	450
convalescent leave statement, any department of defense document	451
indicating that the person currently has an ill or injured	452
casualty status or has limited duties, or a prescription from any	453
health care provider prescribing the placard for the applicant.	454
Upon receipt of the application and the necessary evidence, the	455
registrar or deputy registrar shall issue the applicant the	456
temporary removable windshield placard without the payment of any	457
service fee.	458

(2) The temporary removable windshield placard shall be of	459
the same size and form as the removable windshield placard, shall	460
be printed in white on a red-colored background, and shall bear	461
the word "temporary" in letters of such size as the registrar	462
shall prescribe. A temporary removable windshield placard also	463
shall bear the date of expiration on the front and back of the	464
placard, and shall be valid until expired, surrendered, or	465
revoked, but in no case shall such a placard be valid for a period	466
of less than sixty days. The registrar shall provide the	467
application form and shall determine the information to be	468
included on it, provided that the registrar shall not require a	469
health care provider's prescription or certification for a person	470
applying under division (E)(1)(b) of this section. The registrar	471
also shall determine the material of which the temporary removable	472
windshield placard is to be made and any other information to be	473
included on the placard and shall adopt rules relating to the	474
issuance, expiration, surrender, revocation, and proper display of	475
those placards. Any temporary removable windshield placard issued	476
after October 14, 1999, shall be manufactured in a manner that	477
allows for the expiration date of the placard to be indicated on	478
it through the punching, drilling, boring, or creation by any	479
other means of holes in the placard.	480

(F) If an applicant for a removable windshield placard is a	481
veteran of the armed forces of the United States whose disability,	482
as defined in division (A)(1) of this section, is	483
service-connected, the registrar or deputy registrar, upon receipt	484
of the application, presentation of a signed statement from the	485
applicant's health care provider certifying the applicant's	486
disability, and presentation of such documentary evidence from the	487
department of veterans affairs that the disability of the	488
applicant meets at least one of the criteria identified in	489
division (A)(1) of this section and is service-connected as the	490
registrar may require by rule, but without the payment of any	491
service fee, shall issue the applicant a removable windshield	492
placard that is valid until expired, surrendered, or revoked.	493

(G) Upon a conviction of a violation of division (I), (J), or	494
(K) of this section, the court shall report the conviction, and	495
send the placard or parking card, if available, to the registrar,	496
who thereupon shall revoke the privilege of using the placard or	497
parking card and send notice in writing to the placardholder or	498
cardholder at that holder's last known address as shown in the	499
records of the bureau, and the placardholder or cardholder shall	500
return the placard or card if not previously surrendered to the	501
court, to the registrar within ten days following mailing of the	502
notice.	503

Whenever a person to whom a removable windshield placard or	504
parking card has been issued moves to another state, the person	505
shall surrender the placard or card to the registrar; and whenever	506
an organization to which a placard or card has been issued changes	507
its place of operation to another state, the organization shall	508
surrender the placard or card to the registrar.	509

(H) Subject to division (F) of section 4511.69 of the Revised	510
Code, the operator of a motor vehicle displaying a removable	511
windshield placard, temporary removable windshield placard,	512
parking card, or the special license plates authorized by this	513
section is entitled to park the motor vehicle in any special	514
parking location reserved for persons with disabilities that limit	515
or impair the ability to walk, also known as handicapped parking	516
spaces or disability parking spaces.	517

(I) No person or organization that is not eligible under	518
division (B) or (E) of this section shall willfully and falsely	519
represent that the person or organization is so eligible.	520

No person or organization shall display license plates issued	521
under this section unless the license plates have been issued for	522
the vehicle on which they are displayed and are valid.	523

(J) No person or organization to which a removable windshield	524
placard or temporary removable windshield placard is issued shall	525
do either of the following:	526

(1) Display or permit the display of the placard on any motor	527
vehicle when having reasonable cause to believe the motor vehicle	528
is being used in connection with an activity that does not include	529
providing transportation for persons with disabilities that limit	530
or impair the ability to walk;	531

(2) Refuse to return or surrender the placard, when required.

532

(K)(1) No person or organization to which a parking card is	533
issued shall do either of the following:	534

(a) Display or permit the display of the parking card on any	535
motor vehicle when having reasonable cause to believe the motor	536
vehicle is being used in connection with an activity that does not	537
include providing transportation for a person with a disability;	538

(b) Refuse to return or surrender the parking card, when	539
required.	540

(2) As used in division (K) of this section:

541

(a) "Person with a disability" means any person who has lost	542
the use of one or both legs or one or both arms, who is blind,	543
deaf, or so severely disabled as to be unable to move about	544
without the aid of crutches or a wheelchair, or whose mobility is	545
restricted by a permanent cardiovascular, pulmonary, or other	546
disabling condition.	547

(b) "Organization" means any private organization or	548
corporation, or any governmental board, agency, department,	549
division, or office, that, as part of its business or program,	550
transports persons with disabilities on a regular basis in a motor	551
vehicle that has not been altered for the purposes of providing it	552
with special equipment for use by persons with disabilities.	553

(L) If a removable windshield placard, temporary removable	554
windshield placard, or parking card is lost, destroyed, or	555
mutilated, the placardholder or cardholder may obtain a duplicate	556
by doing both of the following:	557

(1) Furnishing suitable proof of the loss, destruction, or	558
mutilation to the registrar;	559

(2) Paying a service fee equal to the amount specified in	560
division (D) or (G) of section 4503.10 of the Revised Code.	561

Any placardholder or cardholder who loses a placard or card	562
and, after obtaining a duplicate, finds the original, immediately	563
shall surrender the original placard or card to the registrar.	564

(M) The registrar shall pay all fees received under this	565
section for the issuance of removable windshield placards or	566
temporary removable windshield placards or duplicate removable	567
windshield placards or cards into the state treasury to the credit	568
of the state bureau of motor vehicles fund created in section	569
4501.25 of the Revised Code.	570

(N) In addition to the fees collected under this section, the	571
registrar or deputy registrar shall ask each person applying for a	572
removable windshield placard or temporary removable windshield	573
placard or duplicate removable windshield placard or license plate	574
issued under this section, whether the person wishes to make a	575
two-dollar voluntary contribution to support rehabilitation	576
employment services. The registrar shall transmit the	577
contributions received under this division to the treasurer of	578
state for deposit into the rehabilitation employment fund, which	579
is hereby created in the state treasury. A deputy registrar shall	580
transmit the contributions received under this division to the	581
registrar in the time and manner prescribed by the registrar. The	582
contributions in the fund shall be used by the opportunities for	583
Ohioans with disabilities agency to purchase services related to	584
vocational evaluation, work adjustment, personal adjustment, job	585
placement, job coaching, and community-based assessment from	586
accredited community rehabilitation program facilities.	587

(O) For purposes of enforcing this section, every peace	588
officer is deemed to be an agent of the registrar. Any peace	589
officer or any authorized employee of the bureau of motor vehicles	590
who, in the performance of duties authorized by law, becomes aware	591
of a person whose placard or parking card has been revoked	592
pursuant to this section, may confiscate that placard or parking	593
card and return it to the registrar. The registrar shall prescribe	594
any forms used by law enforcement agencies in administering this	595
section.	596

No peace officer, law enforcement agency employing a peace	597
officer, or political subdivision or governmental agency employing	598
a peace officer, and no employee of the bureau is liable in a	599
civil action for damages or loss to persons arising out of the	600
performance of any duty required or authorized by this section. As	601
used in this division, "peace officer" has the same meaning as in	602
division (B) of section 2935.01 of the Revised Code.	603

(P) All applications for registration of motor vehicles,	604
removable windshield placards, and temporary removable windshield	605
placards issued under this section, all renewal notices for such	606
items, and all other publications issued by the bureau that relate	607
to this section shall set forth the criminal penalties that may be	608
imposed upon a person who violates any provision relating to	609
special license plates issued under this section, the parking of	610
vehicles displaying such license plates, and the issuance,	611
procurement, use, and display of removable windshield placards and	612
temporary removable windshield placards issued under this section.	613

(Q) Whoever violates this section is guilty of a misdemeanor	614
of the fourth degree.	615

Sec. 4729.01. As used in this chapter:

616

(A) "Pharmacy," except when used in a context that refers to	617
the practice of pharmacy, means any area, room, rooms, place of	618
business, department, or portion of any of the foregoing where the	619
practice of pharmacy is conducted.	620

(B) "Practice of pharmacy" means providing pharmacist care	621
requiring specialized knowledge, judgment, and skill derived from	622
the principles of biological, chemical, behavioral, social,	623
pharmaceutical, and clinical sciences. As used in this division,	624
"pharmacist care" includes the following:	625

(1) Interpreting prescriptions;

626

(2) Dispensing drugs and drug therapy related devices;

627

(3) Compounding drugs;

628

(4) Counseling individuals with regard to their drug therapy,	629
recommending drug therapy related devices, and assisting in the	630
selection of drugs and appliances for treatment of common diseases	631
and injuries and providing instruction in the proper use of the	632
drugs and appliances;	633

(5) Performing drug regimen reviews with individuals by	634
discussing all of the drugs that the individual is taking and	635
explaining the interactions of the drugs;	636

(6) Performing drug utilization reviews with licensed health	637
professionals authorized to prescribe drugs when the pharmacist	638
determines that an individual with a prescription has a drug	639
regimen that warrants additional discussion with the prescriber;	640

(7) Advising an individual and the health care professionals	641
treating an individual with regard to the individual's drug	642
therapy;	643

(8) Acting pursuant to a consult agreement with a physician	644
authorized under Chapter 4731. of the Revised Code to practice	645
medicine and surgery or osteopathic medicine and surgery, if an	646
agreement has been established with the physician;	647

(9) Engaging in the administration of immunizations to the	648
extent authorized by section 4729.41 of the Revised Code.	649

(C) "Compounding" means the preparation, mixing, assembling,	650
packaging, and labeling of one or more drugs in any of the	651
following circumstances:	652

(1) Pursuant to a prescription issued by a licensed health	653
professional authorized to prescribe drugs;	654

(2) Pursuant to the modification of a prescription made in	655
accordance with a consult agreement;	656

(3) As an incident to research, teaching activities, or	657
chemical analysis;	658

(4) In anticipation of orders for drugs pursuant to	659
prescriptions, based on routine, regularly observed dispensing	660
patterns;	661

(5) Pursuant to a request made by a licensed health	662
professional authorized to prescribe drugs for a drug that is to	663
be used by the professional for the purpose of direct	664
administration to patients in the course of the professional's	665
practice, if all of the following apply:	666

(a) At the time the request is made, the drug is not	667
commercially available regardless of the reason that the drug is	668
not available, including the absence of a manufacturer for the	669
drug or the lack of a readily available supply of the drug from a	670
manufacturer.	671

(b) A limited quantity of the drug is compounded and provided	672
to the professional.	673

(c) The drug is compounded and provided to the professional	674
as an occasional exception to the normal practice of dispensing	675
drugs pursuant to patient-specific prescriptions.	676

(D) "Consult agreement" means an agreement to manage an	677
individual's drug therapy that has been entered into by a	678
pharmacist and a physician authorized under Chapter 4731. of the	679
Revised Code to practice medicine and surgery or osteopathic	680
medicine and surgery.	681

(E) "Drug" means:

682

(1) Any article recognized in the United States pharmacopoeia	683
and national formulary, or any supplement to them, intended for	684
use in the diagnosis, cure, mitigation, treatment, or prevention	685
of disease in humans or animals;	686

(2) Any other article intended for use in the diagnosis,	687
cure, mitigation, treatment, or prevention of disease in humans or	688
animals;	689

(3) Any article, other than food, intended to affect the	690
structure or any function of the body of humans or animals;	691

(4) Any article intended for use as a component of any	692
article specified in division (E)(1), (2), or (3) of this section;	693
but does not include devices or their components, parts, or	694
accessories.	695

(F) "Dangerous drug" means any of the following:

696

(1) Any drug to which either of the following applies:

697

(a) Under the "Federal Food, Drug, and Cosmetic Act," 52	698
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is	699
required to bear a label containing the legend "Caution: Federal	700
law prohibits dispensing without prescription" or "Caution:	701
Federal law restricts this drug to use by or on the order of a	702
licensed veterinarian" or any similar restrictive statement, or	703
the drug may be dispensed only upon a prescription;	704

(b) Under Chapter 3715. or 3719. of the Revised Code, the	705
drug may be dispensed only upon a prescription.	706

(2) Any drug that contains a schedule V controlled substance	707
and that is exempt from Chapter 3719. of the Revised Code or to	708
which that chapter does not apply;	709

(3) Any drug intended for administration by injection into	710
the human body other than through a natural orifice of the human	711
body.	712

(G) "Federal drug abuse control laws" has the same meaning as	713
in section 3719.01 of the Revised Code.	714

(H) "Prescription" means a written, electronic, or oral order	715
for drugs or combinations or mixtures of drugs to be used by a	716
particular individual or for treating a particular animal, issued	717
by a licensed health professional authorized to prescribe drugs.	718

(I) "Licensed health professional authorized to prescribe	719
drugs" or "prescriber" means an individual who is authorized by	720
law to prescribe drugs or dangerous drugs or drug therapy related	721
devices in the course of the individual's professional practice,	722
including only the following:	723

(1) A dentist licensed under Chapter 4715. of the Revised	724
Code;	725

(2) A clinical nurse specialist, certified nurse-midwife, or	726
certified nurse practitioner who holds a certificate to prescribe	727
issued under section 4723.48 of the Revised Code;	728

(3) An optometrist licensed under Chapter 4725. of the	729
Revised Code to practice optometry under a therapeutic	730
pharmaceutical agents certificate;	731

(4) A physician authorized under Chapter 4731. of the Revised	732
Code to practice medicine and surgery, osteopathic medicine and	733
surgery, or podiatric medicine and surgery;	734

(5) A physician assistant who holds a certificate to	735
prescribevalid prescriber number issued under Chapter 4730. of	736
the Revised Codeby the state medical board;	737

(6) A veterinarian licensed under Chapter 4741. of the	738
Revised Code.	739

(J) "Sale" and "sell" include delivery, transfer, barter,	740
exchange, or gift, or offer therefor, and each such transaction	741
made by any person, whether as principal proprietor, agent, or	742
employee.	743

(K) "Wholesale sale" and "sale at wholesale" mean any sale in	744
which the purpose of the purchaser is to resell the article	745
purchased or received by the purchaser.	746

(L) "Retail sale" and "sale at retail" mean any sale other	747
than a wholesale sale or sale at wholesale.	748

(M) "Retail seller" means any person that sells any dangerous	749
drug to consumers without assuming control over and responsibility	750
for its administration. Mere advice or instructions regarding	751
administration do not constitute control or establish	752
responsibility.	753

(N) "Price information" means the price charged for a	754
prescription for a particular drug product and, in an easily	755
understandable manner, all of the following:	756

(1) The proprietary name of the drug product;

757

(2) The established (generic) name of the drug product;

758

(3) The strength of the drug product if the product contains	759
a single active ingredient or if the drug product contains more	760
than one active ingredient and a relevant strength can be	761
associated with the product without indicating each active	762
ingredient. The established name and quantity of each active	763
ingredient are required if such a relevant strength cannot be so	764
associated with a drug product containing more than one	765
ingredient.	766

(4) The dosage form;

767

(5) The price charged for a specific quantity of the drug	768
product. The stated price shall include all charges to the	769
consumer, including, but not limited to, the cost of the drug	770
product, professional fees, handling fees, if any, and a statement	771
identifying professional services routinely furnished by the	772
pharmacy. Any mailing fees and delivery fees may be stated	773
separately without repetition. The information shall not be false	774
or misleading.	775

(O) "Wholesale distributor of dangerous drugs" means a person	776
engaged in the sale of dangerous drugs at wholesale and includes	777
any agent or employee of such a person authorized by the person to	778
engage in the sale of dangerous drugs at wholesale.	779

(P) "Manufacturer of dangerous drugs" means a person, other	780
than a pharmacist, who manufactures dangerous drugs and who is	781
engaged in the sale of those dangerous drugs within this state.	782

(Q) "Terminal distributor of dangerous drugs" means a person	783
who is engaged in the sale of dangerous drugs at retail, or any	784
person, other than a wholesale distributor or a pharmacist, who	785
has possession, custody, or control of dangerous drugs for any	786
purpose other than for that person's own use and consumption, and	787
includes pharmacies, hospitals, nursing homes, and laboratories	788
and all other persons who procure dangerous drugs for sale or	789
other distribution by or under the supervision of a pharmacist or	790
licensed health professional authorized to prescribe drugs.	791

(R) "Promote to the public" means disseminating a	792
representation to the public in any manner or by any means, other	793
than by labeling, for the purpose of inducing, or that is likely	794
to induce, directly or indirectly, the purchase of a dangerous	795
drug at retail.	796

(S) "Person" includes any individual, partnership,	797
association, limited liability company, or corporation, the state,	798
any political subdivision of the state, and any district,	799
department, or agency of the state or its political subdivisions.	800

(T) "Finished dosage form" has the same meaning as in section	801
3715.01 of the Revised Code.	802

(U) "Generically equivalent drug" has the same meaning as in	803
section 3715.01 of the Revised Code.	804

(V) "Animal shelter" means a facility operated by a humane	805
society or any society organized under Chapter 1717. of the	806
Revised Code or a dog pound operated pursuant to Chapter 955. of	807
the Revised Code.	808

(W) "Food" has the same meaning as in section 3715.01 of the	809
Revised Code.	810

(X) "Pain management clinic" has the same meaning as in	811
section 4731.054 of the Revised Code.	812

Sec. 4730.01.  As used in this chapter:

813

(A) "Physician assistant" means a skilled person qualified by	814
academic and clinical training to provide services to patients as	815
a physician assistant under the supervision, control, and	816
direction of one or more physicians who are responsible for the	817
physician assistant's performance"Critical care unit" means a	818
hospital unit, other than an emergency department, that is devoted	819
to providing "critical care services," as defined by the American	820
medical association in its current procedural terminology code set	821
or a successor document.	822

(B) "Physician" means an individual who is authorized under	823
Chapter 4731. of the Revised Code to practice medicine and	824
surgery, osteopathic medicine and surgery, or podiatric medicine	825
and surgery.	826

(C) "Health care facility" means any of the following:

827

(1) A hospital registered with the department of health under	828
section 3701.07 of the Revised Code;	829

(2) A health care facility licensed by the department of	830
health under section 3702.30 of the Revised Code;	831

(3) Any other facility designated by the state medical board	832
in rules adopted pursuant to division (B)(2) of section 4730.08 of	833
the Revised Code.	834

(D) "Special services" means the health care services that a	835
physician assistant may be authorized to provide under the special	836
services portion of a physician supervisory plan approved under	837
section 4730.17 of the Revised Code"Service" means a medical	838
activity that requires training in the diagnosis, treatment, or	839
prevention of disease.	840

Sec. 4730.02.  (A) No person shall hold that person out as	841
being able to function as a physician assistant, or use any words	842
or letters indicating or implying that the person is a physician	843
assistant, without a current, valid certificatelicense to	844
practice as a physician assistant issued pursuant to this chapter.	845

(B) No person shall practice as a physician assistant without	846
the supervision, control, and direction of a physician.	847

(C) No person shall act as the supervising physician of a	848
physician assistant without having received the state medical	849
board's approval of a supervision agreement entered into with the	850
physician assistant.	851

(D) No person shall practice as a physician assistant without	852
having entered into a supervision agreement that has been approved	853
by the state medical boardwith a supervising physician under	854
section 4730.16 of the Revised Code.	855

(E)(D) No person acting as the supervising physician of a	856
physician assistant shall authorize the physician assistant to	857
perform services if either of the following is the case:	858

(1) The services are not within the physician's normal course	859
of practice and expertise;	860

(2) The services are inconsistent with the physician	861
supervisory plan approved by the state medical board for the	862
supervising physiciansupervision agreement entered into under	863
section 4730.16 of the Revised Code or the policies of the health	864
care facility in which the physician and physician assistant are	865
practicing.	866

(F)(E) No person shall practice as a physician assistant in a	867
manner that is inconsistent with the physician supervisory plan	868
approved for the physician who is responsible for supervising the	869
physician assistantsupervision agreement entered into under	870
section 4730.16 of the Revised Code or the policies of the health	871
care facility in which the physician assistant is practicing.	872

(G)(F) No person practicing as a physician assistant shall	873
prescribe any drug or device to perform or induce an abortion, or	874
otherwise perform or induce an abortion.	875

(H)(G) No person shall advertise to provide services as a	876
physician assistant, except for the purpose of seeking employment.	877

(I)(H) No person practicing as a physician assistant shall	878
fail to wear at all times when on duty a placard, plate, or other	879
device identifying that person as a "physician assistant."	880

Sec. 4730.03.  Nothing in this chapter shall:

881

(A) Be construed to affect or interfere with the performance	882
of duties of any medical personnel who are either of the	883
following:	884

(1) In active service in the army, navy, coast guard, marine	885
corps, air force, public health service, or marine hospital	886
service of the United States while so serving;	887

(2) Employed by the veterans administration of the United	888
States while so employed;.	889

(B) Prevent any person from performing any of the services a	890
physician assistant may be authorized to perform, if the person's	891
professional scope of practice established under any other chapter	892
of the Revised Code authorizes the person to perform the services;	893

(C) Prohibit a physician from delegating responsibilities to	894
any nurse or other qualified person who does not hold a	895
certificatelicense to practice as a physician assistant, provided	896
that the individual does not hold the individual out to be a	897
physician assistant;	898

(D) Be construed as authorizing a physician assistant	899
independently to order or direct the execution of procedures or	900
techniques by a registered nurse or licensed practical nurse in	901
the care and treatment of a person in any setting, except to the	902
extent that the physician assistant is authorized to do so by the	903
physician supervisory plan approved under section 4730.17 of the	904
Revised Code for the physician who is responsible for supervising	905
the physician assistant or the policies of the health care	906
facility in which the physician assistant is practicing;	907

(E) Authorize a physician assistant to engage in the practice	908
of optometry, except to the extent that the physician assistant is	909
authorized by a supervising physician acting in accordance with	910
this chapter to perform routine visual screening, provide medical	911
care prior to or following eye surgery, or assist in the care of	912
diseases of the eye;	913

(F)(E) Be construed as authorizing a physician assistant to	914
prescribe any drug or device to perform or induce an abortion, or	915
as otherwise authorizing a physician assistant to perform or	916
induce an abortion.	917

Sec. 4730.04.  (A) As used in this section:

918

(1) "Disaster" means any imminent threat or actual occurrence	919
of widespread or severe damage to or loss of property, personal	920
hardship or injury, or loss of life that results from any natural	921
phenomenon or act of a human.	922

(2) "Emergency" means an occurrence or event that poses an	923
imminent threat to the health or life of a human.	924

(B) Nothing in this chapter prohibits any of the following	925
individuals from providing medical care, to the extent the	926
individual is able, in response to a need for medical care	927
precipitated by a disaster or emergency:	928

(1) An individual who holds a certificatelicense to practice	929
as a physician assistant issued under this chapter;	930

(2) An individual licensed or authorized to practice as a	931
physician assistant in another state;	932

(3) An individual credentialed or employed as a physician	933
assistant by an agency, office, or other instrumentality of the	934
federal government.	935

(C) For purposes of the medical care provided by a physician	936
assistant pursuant to division (B)(1) of this section, both of the	937
following apply notwithstanding any supervision requirement of	938
this chapter to the contrary:	939

(1) The physician who supervises the physician assistant	940
pursuant to a physician supervisory plan approved by the state	941
medical board under section 4730.17 of the Revised Code	942
supervision agreement entered into under section 4730.16 of the	943
Revised Code is not required to meet the supervision requirements	944
established under this chapter.	945

(2) The physician designated as the medical director of the	946
disaster or emergency may supervise the medical care provided by	947
the physician assistant.	948

Sec. 4730.06.  (A) The physician assistant policy committee	949
of the state medical board shall review, and shall submit to the	950
board recommendations concerning, all of the following:	951

(1) Requirements for issuance of certificatesissuing a	952
license to practice as a physician assistant, including the	953
educational requirements that must be met to receive a certificate	954
license to practice;	955

(2) Existing and proposed rules pertaining to the practice of	956
physician assistants, the supervisory relationship between	957
physician assistants and supervising physicians, and the	958
administration and enforcement of this chapter;	959

(3) In accordance with section 4730.38 of the Revised Code,	960
physician-delegated prescriptive authority for physician	961
assistants and proposed changes to the physician assistant	962
formulary the board adopts pursuant to division (A)(1) of section	963
4730.39 of the Revised Code;	964

(4) Application procedures and forms for certificatesa	965
license to practice as a physician assistant, physician	966
supervisory plans, and supervision agreements;	967

(5) Fees required by this chapter for issuance and renewal of	968
certificatesa license to practice as a physician assistant;	969

(6) Criteria to be included in applications submitted to the	970
board for approval of physician supervisory plans, including	971
criteria to be included in applications for approval to delegate	972
to physician assistants the performance of special services;	973

(7) Criteria to be included in supervision agreements	974
submitted to the board for approval and renewal of the board's	975
approval;	976

(8) Any issue the board asks the committee to consider.

977

(B) In addition to the matters that are required to be	978
reviewed under division (A) of this section, the committee may	979
review, and may submit to the board recommendations concerning,	980
either or both of the following:	981

(1) Qualityquality assurance activities to be performed by a	982
supervising physician and physician assistant under a quality	983
assurance system established pursuant to division (F) of section	984
4730.21 of the Revised Code;	985

(2) The development and approval of one or more model	986
physician supervisory plans and one or more models for a special	987
services portion of the one or more model physician supervisory	988
plans. The committee may submit recommendations for model plans	989
that reflect various medical specialties.	990

(C) The board shall take into consideration all	991
recommendations submitted by the committee. Not later than ninety	992
days after receiving a recommendation from the committee, the	993
board shall approve or disapprove the recommendation and notify	994
the committee of its decision. If a recommendation is disapproved,	995
the board shall inform the committee of its reasons for making	996
that decision. The committee may resubmit the recommendation after	997
addressing the concerns expressed by the board and modifying the	998
disapproved recommendation accordingly. Not later than ninety days	999
after receiving a resubmitted recommendation, the board shall	1000
approve or disapprove the recommendation. There is no limit on the	1001
number of times the committee may resubmit a recommendation for	1002
consideration by the board.	1003

(D)(1) Except as provided in division (D)(2) of this section,	1004
the board may not take action regarding a matter that is subject	1005
to the committee's review under division (A) or (B) of this	1006
section unless the committee has made a recommendation to the	1007
board concerning the matter.	1008

(2) If the board submits to the committee a request for a	1009
recommendation regarding a matter that is subject to the	1010
committee's review under division (A) or (B) of this section, and	1011
the committee does not provide a recommendation before the	1012
sixty-first day after the request is submitted, the board may take	1013
action regarding the matter without a recommendation.	1014

Sec. 4730.08. (A) A certificatelicense to practice as a	1015
physician assistant issued under this chapter authorizes the	1016
holder to practice as a physician assistant, subject to allboth	1017
of the following:	1018

(1) The physician assistant shall practice only underwith	1019
the supervision, control, and direction of a physician with whom	1020
the physician assistant has entered into a supervision agreement	1021
approved by the state medical board under section 4730.174730.16	1022
of the Revised Code.	1023

(2) When the physician assistant practices outside a health	1024
care facility, the physician assistant shall practice in	1025
accordance with the physician supervisory plan approved under	1026
section 4730.17 of the Revised Code for the physician who is	1027
responsible for supervising the physician assistant.	1028

(3) When the physician assistant practices within a health	1029
care facility, the physician assistant shall practice in	1030
accordance with the policies of the health care facility.	1031

(B) For purposes of division (A) of this section and all	1032
other provisions of this chapter pertaining to the practice of a	1033
physician assistant under the policies of a health care facility,	1034
both of the following apply:	1035

(1) A physician who is supervising a physician assistant	1036
within a health care facility may impose limitations on the	1037
physician assistant's practice that are in addition to any	1038
limitations applicable under the policies of the facility.	1039

(2) The state medical board may, subject to division (D) of	1040
section 4730.06 of the Revised Code, adopt rules designating	1041
facilities to be included as health care facilities that are in	1042
addition to the facilities specified in divisions (C)(1) and (2)	1043
of section 4730.01 of the Revised Code. The rules adopted shall be	1044
adopted in accordance with Chapter 119. of the Revised Code.	1045

Sec. 4730.10.  (A) An individual seeking a certificate	1046
license to practice as a physician assistant shall file with the	1047
state medical board a written application on a form prescribed and	1048
supplied by the board. The application shall include all of the	1049
following:	1050

(1) The applicant's name, residential address, business	1051
address, if any, and social security number;	1052

(2) Satisfactory proof that the applicant meets the age and	1053
moral character requirements specified in divisions (A)(1) and (2)	1054
of section 4730.11 of the Revised Code;	1055

(3) Satisfactory proof that the applicant meets either the	1056
educational requirements specified in division (B)(1) or (2) of	1057
section 4730.11 of the Revised Code or the educational or other	1058
applicable requirements specified in division (C)(1), (2), or (3)	1059
of that section;	1060

(4) Any other information the board requires.

1061

(B) At the time of making application for a certificate	1062
license to practice, the applicant shall pay the board a fee of	1063
two hundred dollars, no part of which shall be returned. The fees	1064
shall be deposited in accordance with section 4731.24 of the	1065
Revised Code.	1066

Sec. 4730.101. In addition to any other eligibility	1067
requirement set forth in this chapter, each applicant for a	1068
certificatelicense to practice as a physician assistant shall	1069
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1070
state medical board shall not grant to an applicant a certificate	1071
license to practice as a physician assistant unless the board, in	1072
its discretion, decides that the results of the criminal records	1073
check do not make the applicant ineligible for a certificate	1074
license issued pursuant to section 4730.12 of the Revised Code.	1075

Sec. 4730.11.  (A) To be eligible to receive a certificate	1076
license to practice as a physician assistant, all of the following	1077
apply to an applicant:	1078

(1) The applicant shall be at least eighteen years of age.

1079

(2) The applicant shall be of good moral character.

1080

(3) The applicant shall hold current certification by the	1081
national commission on certification of physician assistants or a	1082
successor organization that is recognized by the state medical	1083
board.	1084

(4) The applicant shall meet either of the following	1085
requirements:	1086

(a) The educational requirements specified in division (B)(1)	1087
or (2) of this section;	1088

(b) The educational or other applicable requirements	1089
specified in division (C)(1), (2), or (3) of this section.	1090

(B) Effective January 1, 2008, for purposes of division	1091
(A)(4)(a) of this section, an applicant shall meet either of the	1092
following educational requirements:	1093

(1) The applicant shall hold a master's or higher degree	1094
obtained from a program accredited by the accreditation review	1095
commission on education for the physician assistant or a	1096
predecessor or successor organization recognized by the board.	1097

(2) The applicant shall hold both of the following degrees:

1098

(a) A degree other than a master's or higher degree obtained	1099
from a program accredited by the accreditation review commission	1100
on education for the physician assistant or a predecessor or	1101
successor organization recognized by the board;	1102

(b) A master's or higher degree in a course of study with	1103
clinical relevance to the practice of physician assistants and	1104
obtained from a program accredited by a regional or specialized	1105
and professional accrediting agency recognized by the council for	1106
higher education accreditation.	1107

(C) For purposes of division (A)(4)(b) of this section, an	1108
applicant shall present evidence satisfactory to the board of	1109
meeting one of the following requirements in lieu of meeting the	1110
educational requirements specified in division (B)(1) or (2) of	1111
this section:	1112

(1) The applicant shall hold a current, valid license or	1113
other form of authority to practice as a physician assistant	1114
issued by another jurisdiction prior to January 1, 2008and have	1115
been in active practice in that jurisdiction throughout the	1116
immediately preceding three-year period.	1117

(2) The applicant shall hold a degree obtained as a result of	1118
being enrolled on January 1, 2008, in a program in this state that	1119
was accredited by the accreditation review commission on education	1120
for the physician assistant but did not grant a master's or higher	1121
degree to individuals enrolled in the program on that date, and	1122
completing the program on or before December 31, 2009.	1123

(3) The applicant shall meet both of the following	1124
educational and military experience requirements:	1125

(a) Hold a degree obtained from a program accredited by the	1126
accreditation review commission on education for the physician	1127
assistant;	1128

(b) Have experience practicing as a physician assistant for	1129
at least three consecutive years while on active duty, with	1130
evidence of service under honorable conditions, in any of the	1131
armed forces of the United States or the national guard of any	1132
state, including any experience attained while practicing as a	1133
physician assistant at a health care facility or clinic operated	1134
by the United States department of veterans affairs.	1135

(c) Have experience practicing as a physician assistant for	1136
at least three consecutive years while on active duty in the	1137
United States public health service commissioned corps.	1138

(D) Unless the applicant had prescriptive authority while	1139
practicing as a physician assistant in another jurisdiction or in	1140
the military, the license issued to an applicant who does not hold	1141
a master's or higher degree described in division (B) of this	1142
section does not authorize the holder to exercise	1143
physician-delegated prescriptive authority and the state medical	1144
board shall not issue a prescriber number.	1145

(E) This section does not require an individual to obtain a	1146
master's or higher degree as a condition of retaining or renewing	1147
a certificatelicense to practice as a physician assistant if the	1148
individual received the certificatelicense without holding a	1149
master's or higher degree as provided in either of the following,	1150
but the license will not include the authority to exercise	1151
physician-delegated prescriptive authority:	1152

(1) Before the educational requirements specified in division	1153
(B)(1) or (2) of this section became effective January 1, 2008;	1154

(2) By meeting the educational or other applicable	1155
requirements specified in division (C)(1), (2), or (3) of this	1156
section.	1157

Sec. 4730.12.  (A) The state medical board shall review all	1158
applicationseach application received under section 4730.10 of	1159
the Revised Code for certificatesa license to practice as a	1160
physician assistant. Not later than sixty days after receiving a	1161
complete application, the board shall determine whether an	1162
applicant meets the requirements to receive a certificatelicense	1163
to practice, as specified in section 4730.11 of the Revised Code.	1164
An affirmative vote of not fewer than six members of the board is	1165
required to determine that an applicant meets the requirements to	1166
receive a certificatelicense to practice as a physician	1167
assistant.	1168

(B) If the board determines that an applicant meets the	1169
requirements to receive the certificatelicense, the secretary of	1170
the board shall register the applicant as a physician assistant	1171
and issue to the applicant a certificatelicense to practice as a	1172
physician assistant.	1173

(C) A physician assistant's first five hundred hours of	1174
physician-delegated prescriptive authority shall be under the	1175
supervision of the supervising physician, but a physician	1176
assistant shall be excused from this requirement if prior to	1177
application the physician assistant held a prescriber number, or	1178
the equivalent, from another state.	1179

A record of the hours required by this division or issuance	1180
of a prescriber number or equivalent by another state shall be	1181
kept on file at each site at which the physician assistant	1182
routinely practices and be available for inspection by the board.	1183

Sec. 4730.13.  Upon application by the holder of a	1184
certificatelicense to practice as a physician assistant, the	1185
state medical board shall issue a duplicate certificatelicense to	1186
replace one that is missing or damaged, to reflect a name change,	1187
or for any other reasonable cause. The fee for a duplicate	1188
certificatelicense shall be thirty-five dollars. All fees	1189
collected under this section shall be deposited in accordance with	1190
section 4731.24 of the Revised Code.	1191

Sec. 4730.14.  (A) A certificatelicense to practice as a	1192
physician assistant shall expire biennially and may be renewed in	1193
accordance with this section. A person seeking to renew a	1194
certificatelicense to practice as a physician assistant shall, on	1195
or before the thirty-first day of January of each even-numbered	1196
year, apply for renewal of the certificate. The state medical	1197
board shall send renewal notices at least one month prior to the	1198
expiration date.	1199

Applications shall be submitted to the board on forms the	1200
board shall prescribe and furnish. Each application shall be	1201
accompanied by a biennial renewal fee of one hundred dollars. The	1202
board shall deposit the fees in accordance with section 4731.24 of	1203
the Revised Code.	1204

The applicant shall report any criminal offense that	1205
constitutes grounds for refusing to issue a certificatelicense to	1206
practice under section 4730.25 of the Revised Code to which the	1207
applicant has pleaded guilty, of which the applicant has been	1208
found guilty, or for which the applicant has been found eligible	1209
for intervention in lieu of conviction, since last signing an	1210
application for a certificatelicense to practice as a physician	1211
assistant.	1212

(B) To be eligible for renewal, a physician assistant shall	1213
certify to the board both of the following:	1214

(1) That the physician assistant has maintained certification	1215
by the national commission on certification of physician	1216
assistants or a successor organization that is recognized by the	1217
board by meeting the standards to hold current certification from	1218
the commission or its successor, including completion of	1219
continuing medical education requirements and passing periodic	1220
recertification examinations;	1221

(2) Except as provided in division (F) of this section and	1222
section 5903.12 of the Revised Code, that the physician assistant	1223
has completed during the current certification period not less	1224
than one hundred hours of continuing medical education acceptable	1225
to the board.	1226

(C) The board shall adopt rules in accordance with Chapter	1227
119. of the Revised Code specifying the types of continuing	1228
medical education that must be completed to fulfill the board's	1229
requirements under division (B)(2) of this section. Except when	1230
additional continuing medical education is required to renew a	1231
certificate to prescribe, as specified in section 4730.49 of the	1232
Revised Code, the board shall not adopt rules that require a	1233
physician assistant to complete in any certification period more	1234
than one hundred hours of continuing medical education acceptable	1235
to the board. In fulfilling the board's requirements, a physician	1236
assistant may use continuing medical education courses or programs	1237
completed to maintain certification by the national commission on	1238
certification of physician assistants or a successor organization	1239
that is recognized by the board if the standards for acceptable	1240
courses and programs of the commission or its successor are at	1241
least equivalent to the standards established by the board.	1242

(D) If an applicant submits a complete renewal application	1243
and qualifies for renewal pursuant to division (B) of this	1244
section, the board shall issue to the applicant a renewed	1245
certificatelicense to practice as a physician assistant.	1246

(E) The board may require a random sample of physician	1247
assistants to submit materials documenting certification by the	1248
national commission on certification of physician assistants or a	1249
successor organization that is recognized by the board and	1250
completion of the required number of hours of continuing medical	1251
education.	1252

(F) The board shall provide for pro rata reductions by month	1253
of the number of hours of continuing education that must be	1254
completed for individuals who are in their first certification	1255
period, who have been disabled due to illness or accident, or who	1256
have been absent from the country. The board shall adopt rules, in	1257
accordance with Chapter 119. of the Revised Code, as necessary to	1258
implement this division.	1259

(G)(1) A certificatelicense to practice that is not renewed	1260
on or before its expiration date is automatically suspended on its	1261
expiration date. Continued practice after suspension of the	1262
certificate shall be considered as practicing in violation of	1263
division (A) of section 4730.02 of the Revised Code.	1264

(2) If a certificatelicense has been suspended pursuant to	1265
division (G)(1) of this section for two years or less, it may be	1266
reinstated. The board shall reinstate a certificatelicense	1267
suspended for failure to renew upon an applicant's submission of a	1268
renewal application, the biennial renewal fee, and any applicable	1269
monetary penalty.	1270

If a certificatelicense has been suspended pursuant to	1271
division (G)(1) of this divisionsection for more than two years,	1272
it may be restored. In accordance with section 4730.28 of the	1273
Revised Code, the board may restore a certificatelicense	1274
suspended for failure to renew upon an applicant's submission of a	1275
restoration application, the biennial renewal fee, and any	1276
applicable monetary penalty and compliance with sections 4776.01	1277
to 4776.04 of the Revised Code. The board shall not restore to an	1278
applicant a certificatelicense to practice as a physician	1279
assistant unless the board, in its discretion, decides that the	1280
results of the criminal records check do not make the applicant	1281
ineligible for a certificatelicense issued pursuant to section	1282
4730.12 of the Revised Code.	1283

The penalty for reinstatement shall be fifty dollars and the	1284
penalty for restoration shall be one hundred dollars. The board	1285
shall deposit penalties in accordance with section 4731.24 of the	1286
Revised Code.	1287

(H) If an individual certifies that the individual has	1288
completed the number of hours and type of continuing medical	1289
education required for renewal or reinstatement of a certificate	1290
license to practice as a physician assistant, and the board finds	1291
through a random sample conducted under division (E) of this	1292
section or through any other means that the individual did not	1293
complete the requisite continuing medical education, the board may	1294
impose a civil penalty of not more than five thousand dollars. The	1295
board's finding shall be made pursuant to an adjudication under	1296
Chapter 119. of the Revised Code and by an affirmative vote of not	1297
fewer than six members.	1298

A civil penalty imposed under this division may be in	1299
addition to or in lieu of any other action the board may take	1300
under section 4730.25 of the Revised Code. The board shall deposit	1301
civil penalties in accordance with section 4731.24 of the Revised	1302
Code.	1303

Sec. 4730.16. To be eligible for approval by the state	1304
medical board under section 4730.17 of the Revised Code, a	1305
physician supervisory plan shall meet the requirements of any	1306
applicable rules adopted by the board(A) A supervision agreement	1307
shall be in writing, be signed by the physician assistant and the	1308
supervising physician, and shall specify allboth of the	1309
following:	1310

(A)(1) The responsibilities to be fulfilled by the physician	1311
supervising a physician assistant under the planagreement;	1312

(B)(2) The responsibilities to be fulfilled by a physician	1313
assistant when performing services under the plan;	1314

(C) Circumstances under which a physician assistant is	1315
required to refer a patient to the supervising physician;	1316

(D) Procedures to be followed by a physician assistant when	1317
writing medical orders, including prescriptions written in the	1318
exercise of the physician-delegated prescriptive authority granted	1319
to the physician assistant;	1320

(E) Any special services that the physician may delegate to a	1321
physician assistantagreement.	1322

(B) A supervision agreement shall clearly state that the	1323
supervising physician is professionally and legally responsible	1324
for services provided by the physician assistant.	1325

(C) A supervision agreement expires two years after it is	1326
executed or, if earlier, on execution of a new supervision	1327
agreement by the supervising physician and physician assistant.	1328

(D) A supervision agreement shall be kept on file at each	1329
location at which the physician assistant regularly practices and	1330
made available to the state medical board on request.	1331

(E) The board shall adopt rules, in accordance with Chapter	1332
119. of the Revised Code, as necessary to implement this section.	1333

Sec. 4730.20. (A) A physician assistant licensed under this	1334
chapter may perform any of the following services authorized by	1335
the supervising physician that are part of the supervising	1336
physician's normal course of practice and expertise:	1337

(1) Ordering diagnostic, therapeutic, and other medical	1338
services;	1339

(2) Prescribing physical therapy or referring a patient to a	1340
physical therapist for physical therapy;	1341

(3) Ordering occupational therapy or referring a patient to	1342
an occupational therapist for occupational therapy;	1343

(4) Taking any action that may be taken by an attending	1344
physician under sections 2133.21 to 2133.26 of the Revised Code,	1345
as specified in section 2133.211 of the Revised Code;	1346

(5) Determining and pronouncing death in accordance with	1347
section 4730.092 of the Revised Code;	1348

(6) Assisting in surgery;

1349

(7) If the physician assistant holds a valid prescriber	1350
number issued by the state medical board, ordering, prescribing,	1351
personally furnishing, and administering drugs and medical	1352
devices;	1353

(8) Any other services that are part of the supervising	1354
physician's normal course of practice and expertise.	1355

(B) When performing authorized services, a physician	1356
assistant acts as the agent of the supervising physician. The	1357
supervising physician is professionally responsible for the	1358
services performed by the physician assistant.	1359

(C) A physician assistant who is authorized to perform	1360
services may delegate a task the physician assistant is authorized	1361
to perform that implements the plan of care for a patient to a	1362
medical assistant, a nurse aide who has successfully completed a	1363
training and competency evaluation program approved by the	1364
director of health under section 3721.31 of the Revised Code, or	1365
other personnel.	1366

(D) The services a physician assistant may provide under the	1367
policies of a health care facility are limited to the services the	1368
facility authorizes the physician assistant to provide for the	1369
facility. A facility may not authorize a physician assistant to	1370
perform a service that is not authorized under this chapter.	1371

Sec. 4730.091.        Sec. 4730.201. (A) As used in this section, "local:

1372

(1) "Local anesthesia" means the injection of a drug or	1373
combination of drugs to stop or prevent a painful sensation in a	1374
circumscribed area of the body where a painful procedure is to be	1375
performed. "Local anesthesia" includes only local infiltration	1376
anesthesia, digital blocks, and pudendal blocks.	1377

(2) "Conscious sedation" means a minimally depressed level of	1378
consciousness induced by the administration of pharmacologic	1379
agents in which a patient retains the ability to independently and	1380
continuously maintain an open airway and a regular breathing	1381
pattern, and to respond appropriately to physical stimulation and	1382
verbal commands. Conscious sedation may be induced by parenteral	1383
or oral medications or a combination thereof.	1384

(B) A physician assistant may administer, monitor, or	1385
maintain local anesthesia as a component of a procedure the	1386
physician assistant is performing or as a separate service when	1387
the procedure requiring local anesthesia is to be performed by the	1388
physician assistant's supervising physician or another person. A	1389
physician assistant may administer, monitor, and maintain	1390
conscious sedation within a facility's critical care unit or, with	1391
the supervision of a physician as described in division (D)(2) of	1392
section 4730.21 of the Revised Code a facility's emergency	1393
department. A physician assistant shall not administer, monitor,	1394
or maintain any other form of anesthesia, including regional	1395
anesthesia or any systemic sedation, regardless of whether the	1396
physician assistant is practicing under a physician supervisory	1397
plan or the policies of a health care facility.	1398

Sec. 4730.092.        Sec. 4730.202.  (A) A physician assistant may	1399
determine and pronounce an individual's death, but only if the	1400
individual's respiratory and circulatory functions are not being	1401
artificially sustained and, at the time the determination and	1402
pronouncement of death is made, either or both of the following	1403
apply:	1404

(1) The individual was receiving care in one of the	1405
following:	1406

(a) A nursing home licensed under section 3721.02 of the	1407
Revised Code or by a political subdivision under section 3721.09	1408
of the Revised Code;	1409

(b) A residential care facility or home for the aging	1410
licensed under Chapter 3721. of the Revised Code;	1411

(c) A county home or district home operated pursuant to	1412
Chapter 5155. of the Revised Code;	1413

(d) A residential facility licensed under section 5123.19 of	1414
the Revised Code.	1415

(2) The physician assistant is providing or supervising the	1416
individual's care through a hospice care program licensed under	1417
Chapter 3712. of the Revised Code or any other entity that	1418
provides palliative care.	1419

(B) If a physician assistant determines and pronounces an	1420
individual's death, the physician assistant shall comply with both	1421
of the following:	1422

(1) The physician assistant shall not complete any portion of	1423
the individual's death certificate.	1424

(2) The physician assistant shall notify the individual's	1425
attending physician of the determination and pronouncement of	1426
death in order for the physician to fulfill the physician's duties	1427
under section 3705.16 of the Revised Code. The physician assistant	1428
shall provide the notification within a period of time that is	1429
reasonable but not later than twenty-four hours following the	1430
determination and pronouncement of the individual's death.	1431

Sec. 4730.21.  (A) The supervising physician of a physician	1432
assistant exercises supervision, control, and direction of the	1433
physician assistant. In supervising a physician assistant, all of	1434
the following apply:	1435

(1) Except when the on-site supervision requirements	1436
specified in section 4730.45 of the Revised Code are applicable,	1437
theThe supervising physician shall be continuously available for	1438
direct communication with the physician assistant by either of the	1439
following means:	1440

(a) Being physically present at the location where the	1441
physician assistant is practicing;	1442

(b) Being readily available to the physician assistant	1443
through some means of telecommunication and being in a location	1444
that under normal conditions is not more than sixty minutes travel	1445
time awaya distance from the location where the physician	1446
assistant is practicing that reasonably allows the physician to	1447
assure proper care of patients.	1448

(2) The supervising physician shall personally and actively	1449
review the physician assistant's professional activities.	1450

(3) The supervising physician shall regularly review the	1451
condition of the patients treated by the physician assistant.	1452

(4) The supervising physician shall ensure that the quality	1453
assurance system established pursuant to division (F) of this	1454
section is implemented and maintained.	1455

(5)(4) The supervising physician shall regularly perform any	1456
other reviews of the physician assistant that the supervising	1457
physician considers necessary.	1458

(B) A physician may enter into supervision agreements with	1459
any number of physician assistants, but the physician may not	1460
supervise more than twofive physician assistants at any one time.	1461
A physician assistant may enter into supervision agreements with	1462
any number of supervising physicians, but when practicing under	1463
the supervision of a particular physician, the physician	1464
assistant's scope of practice is subject to the limitations of the	1465
physician supervisory plan that has been approved under section	1466
4730.17 of the Revised Code for that physician or the policies of	1467
the health care facility in which the physician and physician	1468
assistant are practicing.	1469

(C) A supervising physician may authorize a physician	1470
assistant to perform a service only if the service is authorized	1471
under the physician supervisory plan approved for that physician	1472
or the policies of the health care facility in which the physician	1473
and physician assistant are practicing. A supervising physician	1474
may authorize a physician assistant to perform a service only if	1475
the physician is satisfied that the physician assistant is capable	1476
of competently performing the service. A supervising physician	1477
shall not authorize a physician assistant to perform any service	1478
that is beyond the physician's or the physician assistant's normal	1479
course of practice and expertise.	1480

(D)(1) A supervising physician may authorize a physician	1481
assistant tomay practice in any setting within whichauthorized	1482
by the supervising physician routinely practices.	1483

(2) In the case of a health care facility with an emergency	1484
department, if the supervising physician routinely practices in	1485
the facility's emergency department, the supervising physician	1486
shall provide on-site supervision of the physician assistant when	1487
the physician assistant practices in the emergency department. If	1488
the supervising physician does not routinely practice in the	1489
facility's emergency department, the supervising physician may, on	1490
occasion, send the physician assistant to the facility's emergency	1491
department to assess and manage a patient. In supervising the	1492
physician assistant's assessment and management of the patient,	1493
the supervising physician shall determine the appropriate level of	1494
supervision in compliance with the requirements of divisions (A)	1495
to (C) of this section, except that the supervising physician must	1496
be available to go to the emergency department to personally	1497
evaluate the patient and, at the request of an emergency	1498
department physician, the supervising physician shall go to the	1499
emergency department to personally evaluate the patient.	1500

(E) Each time a physician assistant writes a medical order,	1501
including prescriptions written in the exercise of	1502
physician-delegated prescriptive authority, the physician	1503
assistant shall sign the form on which the order is written and	1504
record on the form the time and date that the order is written.	1505
When writing a medical order, the physician assistant shall	1506
clearly identify the physician under whose supervision the	1507
physician assistant is authorized to write the order.	1508

(F)(1) The supervising physician of a physician assistant	1509
shall establish a quality assurance system to be used in	1510
supervising the physician assistant. All or part of the system may	1511
be applied to other physician assistants who are supervised by the	1512
supervising physician. The system shall be developed in	1513
consultation with each physician assistant to be supervised by the	1514
physician.	1515

(2) In establishing the quality assurance system, the	1516
supervising physician shall describe a process to be used for all	1517
of the following:	1518

(a) Routine review by the physician of selected patient	1519
record entries made by the physician assistant and selected	1520
medical orders issued by the physician assistant;	1521

(b) Discussion of complex cases;

1522

(c) Discussion of new medical developments relevant to the	1523
practice of the physician and physician assistant;	1524

(d) Performance of any quality assurance activities required	1525
in rules adopted by state medical board pursuant to any	1526
recommendations made by the physician assistant policy committee	1527
under section 4730.06 of the Revised Code;	1528

(e) Performance of any other quality assurance activities	1529
that the supervising physician considers to be appropriate.	1530

(3) The supervising physician and physician assistant shall	1531
keep records of their quality assurance activities. On request,	1532
the records shall be made available to the board and any health	1533
care professional working with the supervising physician and	1534
physician assistant.	1535

Sec. 4730.25.  (A) The state medical board, by an affirmative	1536
vote of not fewer than six members, may revoke or may refuse to	1537
grant a certificatelicense to practice as a physician assistant	1538
or a certificate to prescribe to a person found by the board to	1539
have committed fraud, misrepresentation, or deception in applying	1540
for or securing the certificatelicense.	1541

(B) The board, by an affirmative vote of not fewer than six	1542
members, shall, to the extent permitted by law, limit, revoke, or	1543
suspend an individual's certificatelicense to practice as a	1544
physician assistant or certificate to prescribe, refuse to issue a	1545
certificatelicense to an applicant, refuse to reinstate a	1546
certificatelicense, or reprimand or place on probation the holder	1547
of a certificatelicense for any of the following reasons:	1548

(1) Failure to practice in accordance with the conditions	1549
under which the supervising physician's supervision agreement with	1550
the physician assistant was approved, including the requirement	1551
that when practicing under a particular supervising physician, the	1552
physician assistant must practice only according to the physician	1553
supervisory plan the board approved for that physician or the	1554
policies of the health care facility in which the supervising	1555
physician and physician assistant are practicing;	1556

(2) Failure to comply with the requirements of this chapter,	1557
Chapter 4731. of the Revised Code, or any rules adopted by the	1558
board;	1559

(3) Violating or attempting to violate, directly or	1560
indirectly, or assisting in or abetting the violation of, or	1561
conspiring to violate, any provision of this chapter, Chapter	1562
4731. of the Revised Code, or the rules adopted by the board;	1563

(4) Inability to practice according to acceptable and	1564
prevailing standards of care by reason of mental illness or	1565
physical illness, including physical deterioration that adversely	1566
affects cognitive, motor, or perceptive skills;	1567

(5) Impairment of ability to practice according to acceptable	1568
and prevailing standards of care because of habitual or excessive	1569
use or abuse of drugs, alcohol, or other substances that impair	1570
ability to practice;	1571

(6) Administering drugs for purposes other than those	1572
authorized under this chapter;	1573

(7) Willfully betraying a professional confidence;

1574

(8) Making a false, fraudulent, deceptive, or misleading	1575
statement in soliciting or advertising for employment as a	1576
physician assistant; in connection with any solicitation or	1577
advertisement for patients; in relation to the practice of	1578
medicine as it pertains to physician assistants; or in securing or	1579
attempting to secure a certificatelicense to practice as a	1580
physician assistant, a certificate to prescribe, or approval of a	1581
supervision agreement.	1582

As used in this division, "false, fraudulent, deceptive, or	1583
misleading statement" means a statement that includes a	1584
misrepresentation of fact, is likely to mislead or deceive because	1585
of a failure to disclose material facts, is intended or is likely	1586
to create false or unjustified expectations of favorable results,	1587
or includes representations or implications that in reasonable	1588
probability will cause an ordinarily prudent person to	1589
misunderstand or be deceived.	1590

(9) Representing, with the purpose of obtaining compensation	1591
or other advantage personally or for any other person, that an	1592
incurable disease or injury, or other incurable condition, can be	1593
permanently cured;	1594

(10) The obtaining of, or attempting to obtain, money or	1595
anything of value by fraudulent misrepresentations in the course	1596
of practice;	1597

(11) A plea of guilty to, a judicial finding of guilt of, or	1598
a judicial finding of eligibility for intervention in lieu of	1599
conviction for, a felony;	1600

(12) Commission of an act that constitutes a felony in this	1601
state, regardless of the jurisdiction in which the act was	1602
committed;	1603

(13) A plea of guilty to, a judicial finding of guilt of, or	1604
a judicial finding of eligibility for intervention in lieu of	1605
conviction for, a misdemeanor committed in the course of practice;	1606

(14) A plea of guilty to, a judicial finding of guilt of, or	1607
a judicial finding of eligibility for intervention in lieu of	1608
conviction for, a misdemeanor involving moral turpitude;	1609

(15) Commission of an act in the course of practice that	1610
constitutes a misdemeanor in this state, regardless of the	1611
jurisdiction in which the act was committed;	1612

(16) Commission of an act involving moral turpitude that	1613
constitutes a misdemeanor in this state, regardless of the	1614
jurisdiction in which the act was committed;	1615

(17) A plea of guilty to, a judicial finding of guilt of, or	1616
a judicial finding of eligibility for intervention in lieu of	1617
conviction for violating any state or federal law regulating the	1618
possession, distribution, or use of any drug, including	1619
trafficking in drugs;	1620

(18) Any of the following actions taken by the state agency	1621
responsible for regulating the practice of physician assistants in	1622
another state, for any reason other than the nonpayment of fees:	1623
the limitation, revocation, or suspension of an individual's	1624
license to practice; acceptance of an individual's license	1625
surrender; denial of a license; refusal to renew or reinstate a	1626
license; imposition of probation; or issuance of an order of	1627
censure or other reprimand;	1628

(19) A departure from, or failure to conform to, minimal	1629
standards of care of similar physician assistants under the same	1630
or similar circumstances, regardless of whether actual injury to a	1631
patient is established;	1632

(20) Violation of the conditions placed by the board on a	1633
certificatelicense to practice as a physician assistant, a	1634
certificate to prescribe, a physician supervisory plan, or	1635
supervision agreement;	1636

(21) Failure to use universal blood and body fluid	1637
precautions established by rules adopted under section 4731.051 of	1638
the Revised Code;	1639

(22) Failure to cooperate in an investigation conducted by	1640
the board under section 4730.26 of the Revised Code, including	1641
failure to comply with a subpoena or order issued by the board or	1642
failure to answer truthfully a question presented by the board at	1643
a deposition or in written interrogatories, except that failure to	1644
cooperate with an investigation shall not constitute grounds for	1645
discipline under this section if a court of competent jurisdiction	1646
has issued an order that either quashes a subpoena or permits the	1647
individual to withhold the testimony or evidence in issue;	1648

(23) Assisting suicide as defined in section 3795.01 of the	1649
Revised Code;	1650

(24) Prescribing any drug or device to perform or induce an	1651
abortion, or otherwise performing or inducing an abortion.	1652

(C) Disciplinary actions taken by the board under divisions	1653
(A) and (B) of this section shall be taken pursuant to an	1654
adjudication under Chapter 119. of the Revised Code, except that	1655
in lieu of an adjudication, the board may enter into a consent	1656
agreement with a physician assistant or applicant to resolve an	1657
allegation of a violation of this chapter or any rule adopted	1658
under it. A consent agreement, when ratified by an affirmative	1659
vote of not fewer than six members of the board, shall constitute	1660
the findings and order of the board with respect to the matter	1661
addressed in the agreement. If the board refuses to ratify a	1662
consent agreement, the admissions and findings contained in the	1663
consent agreement shall be of no force or effect.	1664

(D) For purposes of divisions (B)(12), (15), and (16) of this	1665
section, the commission of the act may be established by a finding	1666
by the board, pursuant to an adjudication under Chapter 119. of	1667
the Revised Code, that the applicant or certificatelicense holder	1668
committed the act in question. The board shall have no	1669
jurisdiction under these divisions in cases where the trial court	1670
renders a final judgment in the certificatelicense holder's favor	1671
and that judgment is based upon an adjudication on the merits. The	1672
board shall have jurisdiction under these divisions in cases where	1673
the trial court issues an order of dismissal upon technical or	1674
procedural grounds.	1675

(E) The sealing of conviction records by any court shall have	1676
no effect upon a prior board order entered under the provisions of	1677
this section or upon the board's jurisdiction to take action under	1678
the provisions of this section if, based upon a plea of guilty, a	1679
judicial finding of guilt, or a judicial finding of eligibility	1680
for intervention in lieu of conviction, the board issued a notice	1681
of opportunity for a hearing prior to the court's order to seal	1682
the records. The board shall not be required to seal, destroy,	1683
redact, or otherwise modify its records to reflect the court's	1684
sealing of conviction records.	1685

(F) For purposes of this division, any individual who holds a	1686
certificatelicense issued under this chapter, or applies for a	1687
certificatelicense issued under this chapter, shall be deemed to	1688
have given consent to submit to a mental or physical examination	1689
when directed to do so in writing by the board and to have waived	1690
all objections to the admissibility of testimony or examination	1691
reports that constitute a privileged communication.	1692

(1) In enforcing division (B)(4) of this section, the board,	1693
upon a showing of a possible violation, may compel any individual	1694
who holds a certificatelicense issued under this chapter or who	1695
has applied for a certificatelicense pursuant to this chapter to	1696
submit to a mental examination, physical examination, including an	1697
HIV test, or both a mental and physical examination. The expense	1698
of the examination is the responsibility of the individual	1699
compelled to be examined. Failure to submit to a mental or	1700
physical examination or consent to an HIV test ordered by the	1701
board constitutes an admission of the allegations against the	1702
individual unless the failure is due to circumstances beyond the	1703
individual's control, and a default and final order may be entered	1704
without the taking of testimony or presentation of evidence. If	1705
the board finds a physician assistant unable to practice because	1706
of the reasons set forth in division (B)(4) of this section, the	1707
board shall require the physician assistant to submit to care,	1708
counseling, or treatment by physicians approved or designated by	1709
the board, as a condition for an initial, continued, reinstated,	1710
or renewed certificatelicense. An individual affected under this	1711
division shall be afforded an opportunity to demonstrate to the	1712
board the ability to resume practicing in compliance with	1713
acceptable and prevailing standards of care.	1714

(2) For purposes of division (B)(5) of this section, if the	1715
board has reason to believe that any individual who holds a	1716
certificatelicense issued under this chapter or any applicant for	1717
a certificatelicense suffers such impairment, the board may	1718
compel the individual to submit to a mental or physical	1719
examination, or both. The expense of the examination is the	1720
responsibility of the individual compelled to be examined. Any	1721
mental or physical examination required under this division shall	1722
be undertaken by a treatment provider or physician qualified to	1723
conduct such examination and chosen by the board.	1724

Failure to submit to a mental or physical examination ordered	1725
by the board constitutes an admission of the allegations against	1726
the individual unless the failure is due to circumstances beyond	1727
the individual's control, and a default and final order may be	1728
entered without the taking of testimony or presentation of	1729
evidence. If the board determines that the individual's ability to	1730
practice is impaired, the board shall suspend the individual's	1731
certificatelicense or deny the individual's application and shall	1732
require the individual, as a condition for initial, continued,	1733
reinstated, or renewed certificationlicensure to practice or	1734
prescribe, to submit to treatment.	1735

Before being eligible to apply for reinstatement of a	1736
certificatelicense suspended under this division, the physician	1737
assistant shall demonstrate to the board the ability to resume	1738
practice or prescribing in compliance with acceptable and	1739
prevailing standards of care. The demonstration shall include the	1740
following:	1741

(a) Certification from a treatment provider approved under	1742
section 4731.25 of the Revised Code that the individual has	1743
successfully completed any required inpatient treatment;	1744

(b) Evidence of continuing full compliance with an aftercare	1745
contract or consent agreement;	1746

(c) Two written reports indicating that the individual's	1747
ability to practice has been assessed and that the individual has	1748
been found capable of practicing according to acceptable and	1749
prevailing standards of care. The reports shall be made by	1750
individuals or providers approved by the board for making such	1751
assessments and shall describe the basis for their determination.	1752

The board may reinstate a certificatelicense suspended under	1753
this division after such demonstration and after the individual	1754
has entered into a written consent agreement.	1755

When the impaired physician assistant resumes practice or	1756
prescribing, the board shall require continued monitoring of the	1757
physician assistant. The monitoring shall include compliance with	1758
the written consent agreement entered into before reinstatement or	1759
with conditions imposed by board order after a hearing, and, upon	1760
termination of the consent agreement, submission to the board for	1761
at least two years of annual written progress reports made under	1762
penalty of falsification stating whether the physician assistant	1763
has maintained sobriety.	1764

(G) If the secretary and supervising member determine that	1765
there is clear and convincing evidence that a physician assistant	1766
has violated division (B) of this section and that the	1767
individual's continued practice or prescribing presents a danger	1768
of immediate and serious harm to the public, they may recommend	1769
that the board suspend the individual's certificatelicense to	1770
practice or authority to prescribe without a prior hearing.	1771
Written allegations shall be prepared for consideration by the	1772
board.	1773

The board, upon review of those allegations and by an	1774
affirmative vote of not fewer than six of its members, excluding	1775
the secretary and supervising member, may suspend a certificate	1776
license without a prior hearing. A telephone conference call may	1777
be utilized for reviewing the allegations and taking the vote on	1778
the summary suspension.	1779

The board shall issue a written order of suspension by	1780
certified mail or in person in accordance with section 119.07 of	1781
the Revised Code. The order shall not be subject to suspension by	1782
the court during pendency of any appeal filed under section 119.12	1783
of the Revised Code. If the physician assistant requests an	1784
adjudicatory hearing by the board, the date set for the hearing	1785
shall be within fifteen days, but not earlier than seven days,	1786
after the physician assistant requests the hearing, unless	1787
otherwise agreed to by both the board and the certificatelicense	1788
holder.	1789

A summary suspension imposed under this division shall remain	1790
in effect, unless reversed on appeal, until a final adjudicative	1791
order issued by the board pursuant to this section and Chapter	1792
119. of the Revised Code becomes effective. The board shall issue	1793
its final adjudicative order within sixty days after completion of	1794
its hearing. Failure to issue the order within sixty days shall	1795
result in dissolution of the summary suspension order, but shall	1796
not invalidate any subsequent, final adjudicative order.	1797

(H) If the board takes action under division (B)(11), (13),	1798
or (14) of this section, and the judicial finding of guilt, guilty	1799
plea, or judicial finding of eligibility for intervention in lieu	1800
of conviction is overturned on appeal, upon exhaustion of the	1801
criminal appeal, a petition for reconsideration of the order may	1802
be filed with the board along with appropriate court documents.	1803
Upon receipt of a petition and supporting court documents, the	1804
board shall reinstate the certificatelicense to practice or	1805
prescribe. The board may then hold an adjudication under Chapter	1806
119. of the Revised Code to determine whether the individual	1807
committed the act in question. Notice of opportunity for hearing	1808
shall be given in accordance with Chapter 119. of the Revised	1809
Code. If the board finds, pursuant to an adjudication held under	1810
this division, that the individual committed the act, or if no	1811
hearing is requested, it may order any of the sanctions identified	1812
under division (B) of this section.	1813

(I) The certificatelicense to practice issued to a physician	1814
assistant and the physician assistant's practice in this state are	1815
automatically suspended as of the date the physician assistant	1816
pleads guilty to, is found by a judge or jury to be guilty of, or	1817
is subject to a judicial finding of eligibility for intervention	1818
in lieu of conviction in this state or treatment or intervention	1819
in lieu of conviction in another state for any of the following	1820
criminal offenses in this state or a substantially equivalent	1821
criminal offense in another jurisdiction: aggravated murder,	1822
murder, voluntary manslaughter, felonious assault, kidnapping,	1823
rape, sexual battery, gross sexual imposition, aggravated arson,	1824
aggravated robbery, or aggravated burglary. Continued practice	1825
after the suspension shall be considered practicing without a	1826
certificatelicense.	1827

The board shall notify the individual subject to the	1828
suspension by certified mail or in person in accordance with	1829
section 119.07 of the Revised Code. If an individual whose	1830
certificatelicense is suspended under this division fails to make	1831
a timely request for an adjudication under Chapter 119. of the	1832
Revised Code, the board shall enter a final order permanently	1833
revoking the individual's certificatelicense to practice.	1834

(J) In any instance in which the board is required by Chapter	1835
119. of the Revised Code to give notice of opportunity for hearing	1836
and the individual subject to the notice does not timely request a	1837
hearing in accordance with section 119.07 of the Revised Code, the	1838
board is not required to hold a hearing, but may adopt, by an	1839
affirmative vote of not fewer than six of its members, a final	1840
order that contains the board's findings. In that final order, the	1841
board may order any of the sanctions identified under division (A)	1842
or (B) of this section.	1843

(K) Any action taken by the board under division (B) of this	1844
section resulting in a suspension shall be accompanied by a	1845
written statement of the conditions under which the physician	1846
assistant's certificatelicense may be reinstated. The board shall	1847
adopt rules in accordance with Chapter 119. of the Revised Code	1848
governing conditions to be imposed for reinstatement.	1849
Reinstatement of a certificatelicense suspended pursuant to	1850
division (B) of this section requires an affirmative vote of not	1851
fewer than six members of the board.	1852

(L) When the board refuses to grant to an applicant a	1853
certificatelicense to practice as a physician assistant or a	1854
certificate to prescribe, revokes an individual's certificate	1855
license, refuses to issue a certificatelicense, or refuses to	1856
reinstate an individual's certificatelicense, the board may	1857
specify that its action is permanent. An individual subject to a	1858
permanent action taken by the board is forever thereafter	1859
ineligible to hold the certificatelicense and the board shall not	1860
accept an application for reinstatement of the certificatelicense	1861
or for issuance of a new certificatelicense.	1862

(M) Notwithstanding any other provision of the Revised Code,	1863
all of the following apply:	1864

(1) The surrender of a certificatelicense issued under this	1865
chapter is not effective unless or until accepted by the board.	1866
Reinstatement of a certificatelicense surrendered to the board	1867
requires an affirmative vote of not fewer than six members of the	1868
board.	1869

(2) An application made under this chapter for a certificate,	1870
approval of a physician supervisory plan, or approval of a	1871
supervision agreementlicense may not be withdrawn without	1872
approval of the board.	1873

(3) Failure by an individual to renew a certificatelicense	1874
in accordance with section 4730.14 or section 4730.48 of the	1875
Revised Code shall not remove or limit the board's jurisdiction to	1876
take disciplinary action under this section against the	1877
individual.	1878

Sec. 4730.251.  On receipt of a notice pursuant to section	1879
3123.43 of the Revised Code, the state medical board shall comply	1880
with sections 3123.41 to 3123.50 of the Revised Code and any	1881
applicable rules adopted under section 3123.63 of the Revised Code	1882
with respect to a certificatelicense issued pursuant to this	1883
chapter.	1884

Sec. 4730.27.  If the state medical board has reason to	1885
believe that any person who has been granted a certificatelicense	1886
under this chapter is mentally ill or mentally incompetent, it may	1887
file in the probate court of the county in which such person has a	1888
legal residence an affidavit in the form prescribed in section	1889
5122.11 of the Revised Code and signed by the board secretary or a	1890
member of the secretary's staff, whereupon the same proceedings	1891
shall be had as provided in Chapter 5122. of the Revised Code. The	1892
attorney general may represent the board in any proceeding	1893
commenced under this section.	1894

If a physician assistant is adjudged by a probate court to be	1895
mentally ill or mentally incompetent, the individual's certificate	1896
license shall be automatically suspended until the individual has	1897
filed with the board a certified copy of an adjudication by a	1898
probate court of being restored to competency or has submitted to	1899
the board proof, satisfactory to the board, of having been	1900
discharged as being restored to competency in the manner and form	1901
provided in section 5122.38 of the Revised Code. The judge of the	1902
court shall immediately notify the board of an adjudication of	1903
incompetence and note any suspension of a certificatelicense in	1904
the margin of the court's record of the certificatelicense.	1905

Sec. 4730.28. (A) An individual whose certificatelicense to	1906
practice as a physician assistant has been suspended or is in an	1907
inactive state for any cause for more than two years may apply to	1908
the state medical board to have the certificatelicense restored.	1909

(B)(1) The board shall not restore a certificatelicense	1910
under this section unless the applicant complies with sections	1911
4776.01 to 4776.04 of the Revised Code. The board shall determine	1912
the applicant's present fitness to resume practice. The board	1913
shall consider the moral background and the activities of the	1914
applicant during the period of suspension or inactivity.	1915

(2) When restoring a certificatelicense, the board may	1916
impose terms and conditions, including the following:	1917

(a) Requiring the applicant to obtain additional training and	1918
pass an examination upon completion of the training;	1919

(b) Restricting or limiting the extent, scope, or type of	1920
practice as a physician assistant that the individual may resume.	1921

Sec. 4730.31.  (A) As used in this section, "prosecutor" has	1922
the same meaning as in section 2935.01 of the Revised Code.	1923

(B) Whenever any person holding a valid certificatelicense	1924
issued pursuant to this chapter pleads guilty to, is subject to a	1925
judicial finding of guilt of, or is subject to a judicial finding	1926
of eligibility for intervention in lieu of conviction for a	1927
violation of Chapter 2907., 2925., or 3719. of the Revised Code or	1928
of any substantively comparable ordinance of a municipal	1929
corporation in connection with practicing as a physician	1930
assistant, the prosecutor in the case shall, on forms prescribed	1931
and provided by the state medical board, promptly notify the board	1932
of the conviction. Within thirty days of receipt of such	1933
information, the board shall initiate action in accordance with	1934
Chapter 119. of the Revised Code to determine whether to suspend	1935
or revoke the certificatelicense under section 4730.25 of the	1936
Revised Code.	1937

(C) The prosecutor in any case against any person holding a	1938
valid certificatelicense issued pursuant to this chapter shall,	1939
on forms prescribed and provided by the state medical board,	1940
notify the board of any of the following:	1941

(1) A plea of guilty to, a judicial finding of guilt of, or	1942
judicial finding of eligibility for intervention in lieu of	1943
conviction for a felony, or a case where the trial court issues an	1944
order of dismissal upon technical or procedural grounds of a	1945
felony charge;	1946

(2) A plea of guilty to, a judicial finding of guilt of, or	1947
judicial finding or eligibility for intervention in lieu of	1948
conviction for a misdemeanor committed in the course of practice,	1949
or a case where the trial court issues an order of dismissal upon	1950
technical or procedural grounds of a charge of a misdemeanor, if	1951
the alleged act was committed in the course of practice;	1952

(3) A plea of guilty to, a judicial finding of guilt of, or	1953
judicial finding of eligibility for intervention in lieu of	1954
conviction for a misdemeanor involving moral turpitude, or a case	1955
where the trial court issues an order of dismissal upon technical	1956
or procedural grounds of a charge of a misdemeanor involving moral	1957
turpitude.	1958

The report shall include the name and address of the	1959
certificatelicense holder, the nature of the offense for which	1960
the action was taken, and the certified court documents recording	1961
the action.	1962

Sec. 4730.32.  (A) Within sixty days after the imposition of	1963
any formal disciplinary action taken by a health care facility	1964
against any individual holding a valid certificatelicense to	1965
practice as a physician assistant, the chief administrator or	1966
executive officer of the facility shall report to the state	1967
medical board the name of the individual, the action taken by the	1968
facility, and a summary of the underlying facts leading to the	1969
action taken. Upon request, the board shall be provided certified	1970
copies of the patient records that were the basis for the	1971
facility's action. Prior to release to the board, the summary	1972
shall be approved by the peer review committee that reviewed the	1973
case or by the governing board of the facility.	1974

The filing of a report with the board or decision not to file	1975
a report, investigation by the board, or any disciplinary action	1976
taken by the board, does not preclude a health care facility from	1977
taking disciplinary action against a physician assistant.	1978

In the absence of fraud or bad faith, no individual or entity	1979
that provides patient records to the board shall be liable in	1980
damages to any person as a result of providing the records.	1981

(B) A physician assistant, professional association or	1982
society of physician assistants, physician, or professional	1983
association or society of physicians that believes a violation of	1984
any provision of this chapter, Chapter 4731. of the Revised Code,	1985
or rule of the board has occurred shall report to the board the	1986
information upon which the belief is based. This division does not	1987
require any treatment provider approved by the board under section	1988
4731.25 of the Revised Code or any employee, agent, or	1989
representative of such a provider to make reports with respect to	1990
a physician assistant participating in treatment or aftercare for	1991
substance abuse as long as the physician assistant maintains	1992
participation in accordance with the requirements of section	1993
4731.25 of the Revised Code and the treatment provider or	1994
employee, agent, or representative of the provider has no reason	1995
to believe that the physician assistant has violated any provision	1996
of this chapter or rule adopted under it, other than being	1997
impaired by alcohol, drugs, or other substances. This division	1998
does not require reporting by any member of an impaired	1999
practitioner committee established by a health care facility or by	2000
any representative or agent of a committee or program sponsored by	2001
a professional association or society of physician assistants to	2002
provide peer assistance to physician assistants with substance	2003
abuse problems with respect to a physician assistant who has been	2004
referred for examination to a treatment program approved by the	2005
board under section 4731.25 of the Revised Code if the physician	2006
assistant cooperates with the referral for examination and with	2007
any determination that the physician assistant should enter	2008
treatment and as long as the committee member, representative, or	2009
agent has no reason to believe that the physician assistant has	2010
ceased to participate in the treatment program in accordance with	2011
section 4731.25 of the Revised Code or has violated any provision	2012
of this chapter or rule adopted under it, other than being	2013
impaired by alcohol, drugs, or other substances.	2014

(C) Any professional association or society composed	2015
primarily of physician assistants that suspends or revokes an	2016
individual's membership for violations of professional ethics, or	2017
for reasons of professional incompetence or professional	2018
malpractice, within sixty days after a final decision, shall	2019
report to the board, on forms prescribed and provided by the	2020
board, the name of the individual, the action taken by the	2021
professional organization, and a summary of the underlying facts	2022
leading to the action taken.	2023

The filing or nonfiling of a report with the board,	2024
investigation by the board, or any disciplinary action taken by	2025
the board, shall not preclude a professional organization from	2026
taking disciplinary action against a physician assistant.	2027

(D) Any insurer providing professional liability insurance to	2028
any person holding a valid certificatelicense to practice as a	2029
physician assistant or any other entity that seeks to indemnify	2030
the professional liability of a physician assistant shall notify	2031
the board within thirty days after the final disposition of any	2032
written claim for damages where such disposition results in a	2033
payment exceeding twenty-five thousand dollars. The notice shall	2034
contain the following information:	2035

(1) The name and address of the person submitting the	2036
notification;	2037

(2) The name and address of the insured who is the subject of	2038
the claim;	2039

(3) The name of the person filing the written claim;

2040

(4) The date of final disposition;

2041

(5) If applicable, the identity of the court in which the	2042
final disposition of the claim took place.	2043

(E) The board may investigate possible violations of this	2044
chapter or the rules adopted under it that are brought to its	2045
attention as a result of the reporting requirements of this	2046
section, except that the board shall conduct an investigation if a	2047
possible violation involves repeated malpractice. As used in this	2048
division, "repeated malpractice" means three or more claims for	2049
malpractice within the previous five-year period, each resulting	2050
in a judgment or settlement in excess of twenty-five thousand	2051
dollars in favor of the claimant, and each involving negligent	2052
conduct by the physician assistant.	2053

(F) All summaries, reports, and records received and	2054
maintained by the board pursuant to this section shall be held in	2055
confidence and shall not be subject to discovery or introduction	2056
in evidence in any federal or state civil action involving a	2057
physician assistant, supervising physician, or health care	2058
facility arising out of matters that are the subject of the	2059
reporting required by this section. The board may use the	2060
information obtained only as the basis for an investigation, as	2061
evidence in a disciplinary hearing against a physician assistant	2062
or supervising physician, or in any subsequent trial or appeal of	2063
a board action or order.	2064

The board may disclose the summaries and reports it receives	2065
under this section only to health care facility committees within	2066
or outside this state that are involved in credentialing or	2067
recredentialing a physician assistant or supervising physician or	2068
reviewing their privilege to practice within a particular	2069
facility. The board shall indicate whether or not the information	2070
has been verified. Information transmitted by the board shall be	2071
subject to the same confidentiality provisions as when maintained	2072
by the board.	2073

(G) Except for reports filed by an individual pursuant to	2074
division (B) of this section, the board shall send a copy of any	2075
reports or summaries it receives pursuant to this section to the	2076
physician assistant. The physician assistant shall have the right	2077
to file a statement with the board concerning the correctness or	2078
relevance of the information. The statement shall at all times	2079
accompany that part of the record in contention.	2080

(H) An individual or entity that reports to the board or	2081
refers an impaired physician assistant to a treatment provider	2082
approved by the board under section 4731.25 of the Revised Code	2083
shall not be subject to suit for civil damages as a result of the	2084
report, referral, or provision of the information.	2085

(I) In the absence of fraud or bad faith, a professional	2086
association or society of physician assistants that sponsors a	2087
committee or program to provide peer assistance to a physician	2088
assistant with substance abuse problems, a representative or agent	2089
of such a committee or program, and a member of the state medical	2090
board shall not be held liable in damages to any person by reason	2091
of actions taken to refer a physician assistant to a treatment	2092
provider approved under section 4731.25 of the Revised Code for	2093
examination or treatment.	2094

Sec. 4730.33.  The secretary of the state medical board shall	2095
enforce the laws relating to the practice of physician assistants.	2096
If the secretary has knowledge or notice of a violation of this	2097
chapter or the rules adopted under it, the secretary shall	2098
investigate the matter, and, upon probable cause appearing, file a	2099
complaint and prosecute the offender. When requested by the	2100
secretary, the prosecuting attorney of the proper county shall	2101
take charge of and conduct such prosecution.	2102

In the prosecution of any person for violation of division	2103
(A) of section 4730.02 of the Revised Code it shall not be	2104
necessary to allege or prove want of a valid certificatelicense	2105
to practice as a physician assistant, but such matters shall be a	2106
matter of defense to be established by the accused.	2107

Sec. 4730.38.  (A) Except as provided in division (B) of this	2108
section, the physician assistant policy committee of the state	2109
medical board shall, at such times the committee determines to be	2110
necessary, submit to the board recommendations regarding	2111
physician-delegated prescriptive authority for physician	2112
assistants. The committee's recommendations shall address both of	2113
the following:	2114

(1) Policy and procedures regarding physician-delegated	2115
prescriptive authority, including the issuance of certificates to	2116
prescribe under this chapter;	2117

(2) Any issue the committee considers necessary to assist the	2118
board in fulfilling its duty to adopt rules governing	2119
physician-delegated prescriptive authority, including the issuance	2120
of certificates to prescribe.	2121

(B) Not less than every six months beginning on the first day	2122
of June following the effective date of this amendmentMarch 22,	2123
2013, the committee shall review the physician assistant formulary	2124
the board adopts pursuant to division (A)(1) of section 4730.39 of	2125
the Revised Code and, to the extent it determines to be necessary,	2126
submit recommendations proposing changes to the formulary.	2127

(C) Recommendations submitted under this section are subject	2128
to the procedures and time frames specified in division (C) of	2129
section 4730.06 of the Revised Code.	2130

Sec. 4730.39.  (A) The state medical board shall do both of	2131
the following:	2132

(1) Adopt a formulary listing the drugs and therapeutic	2133
devices by class and specific generic nomenclature that a	2134
physician may include in the physician-delegated prescriptive	2135
authority granted to a physician assistant who holds a certificate	2136
to prescribe under this chaptervalid prescriber number issued by	2137
the state medical board;	2138

(2) Adopt rules governing physician-delegated prescriptive	2139
authority for physician assistants, including the issuance of	2140
certificates to prescribe under this chapter.	2141

(B) The board's rules governing physician-delegated	2142
prescriptive authority adopted pursuant to division (A)(2) of this	2143
section shall be adopted in accordance with Chapter 119. of the	2144
Revised Code and shall establish all of the following:	2145

(1) Requirements regarding the pharmacology courses that a	2146
physician assistant is required to complete to receive a	2147
certificate to prescribe;	2148

(2) Standards and procedures for the issuance and renewal of	2149
certificates to prescribe to physician assistants;	2150

(3) Standards and procedures for the appropriate conduct of	2151
the provisional period that a physician assistant is required to	2152
complete pursuant to section 4730.45 of the Revised Code and for	2153
determining whether a physician assistant has successfully	2154
completed the provisional period;	2155

(4) A specific prohibition against prescribing any drug or	2156
device to perform or induce an abortion;	2157

(5)(3) Standards and procedures to be followed by a physician	2158
assistant in personally furnishing samples of drugs or complete or	2159
partial supplies of drugs to patients under section 4730.43 of the	2160
Revised Code;	2161

(6)(4) Any other requirements the board considers necessary	2162
to implement the provisions of this chapter regarding	2163
physician-delegated prescriptive authority and the issuance of	2164
certificates to prescribe.	2165

(C)(1) After considering recommendations submitted by the	2166
physician assistant policy committee pursuant to sections 4730.06	2167
and 4730.38 of the Revised Code, the board shall review either or	2168
both of the following, as appropriate according to the submitted	2169
recommendations:	2170

(a) The formulary the board adopts under division (A)(1) of	2171
this section;	2172

(b) The rules the board adopts under division (A)(2) of this	2173
section regarding physician-delegated prescriptive authority.	2174

(2) Based on its review, the board shall make any necessary	2175
modifications to the formulary or rules.	2176

Sec. 4730.41.  (A) A certificate to prescribe issued under	2177
this chapter authorizes a physician assistant who holds a valid	2178
prescriber number issued by the state medical board is authorized	2179
to prescribe and personally furnish drugs and therapeutic devices	2180
in the exercise of physician-delegated prescriptive authority.	2181

(B) In exercising physician-delegated prescriptive authority,	2182
a physician assistant is subject to all of the following:	2183

(1) The physician assistant shall exercise	2184
physician-delegated prescriptive authority only to the extent that	2185
the physician supervising the physician assistant has granted that	2186
authority.	2187

(2) The physician assistant shall comply with all conditions	2188
placed on the physician-delegated prescriptive authority, as	2189
specified by the supervising physician who is supervising the	2190
physician assistant in the exercise of physician-delegated	2191
prescriptive authority.	2192

(3) If the physician assistant possesses physician-delegated	2193
prescriptive authority for controlled substances, the physician	2194
assistant shall register with the federal drug enforcement	2195
administration.	2196

(4) If the physician assistant possesses physician-delegated	2197
prescriptive authority for schedule II controlled substances, the	2198
physician assistant shall comply with section 4730.411 of the	2199
Revised Code.	2200

Sec. 4730.42.  (A) In granting physician-delegated	2201
prescriptive authority to a particular physician assistant who	2202
holds a certificate to prescribevalid prescriber number issued	2203
under this chapterby the state medical board, the supervising	2204
physician is subject to all of the following:	2205

(1) The supervising physician shall not grant	2206
physician-delegated prescriptive authority for any drug or	2207
therapeutic device that is not listed on the physician assistant	2208
formulary adopted under section 4730.39 of the Revised Code as a	2209
drug or therapeutic device that may be included in the	2210
physician-delegated prescriptive authority granted to a physician	2211
assistant.	2212

(2) The supervising physician shall not grant	2213
physician-delegated prescriptive authority for any drug or device	2214
that may be used to perform or induce an abortion.	2215

(3) The supervising physician shall not grant	2216
physician-delegated prescriptive authority in a manner that	2217
exceeds the supervising physician's prescriptive authority,	2218
including the physician's authority to treat chronic pain with	2219
controlled substances and products containing tramadol as	2220
described in section 4731.052 of the Revised Code.	2221

(4) The supervising physician shall supervise the physician	2222
assistant in accordance with all of the following:	2223

(a) The supervision requirements specified in section 4730.21	2224
of the Revised Code and, in the case of supervision provided	2225
during a provisional period of physician-delegated prescriptive	2226
authority, the supervision requirements specified in section	2227
4730.45 of the Revised Code;	2228

(b) The physician supervisory plan approved for the	2229
supervising physician or the policies of the health care facility	2230
in which the physician and physician assistant are practicing;	2231

(c) The supervision agreement approved under section 4730.19	2232
of the Revised Code that applies to the supervising physician and	2233
the physician assistant.	2234

(B)(1) The supervising physician of a physician assistant may	2235
place conditions on the physician-delegated prescriptive authority	2236
granted to the physician assistant. If conditions are placed on	2237
that authority, the supervising physician shall maintain a written	2238
record of the conditions and make the record available to the	2239
state medical board on request.	2240

(2) The conditions that a supervising physician may place on	2241
the physician-delegated prescriptive authority granted to a	2242
physician assistant include the following:	2243

(a) Identification by class and specific generic nomenclature	2244
of drugs and therapeutic devices that the physician chooses not to	2245
permit the physician assistant to prescribe;	2246

(b) Limitations on the dosage units or refills that the	2247
physician assistant is authorized to prescribe;	2248

(c) Specification of circumstances under which the physician	2249
assistant is required to refer patients to the supervising	2250
physician or another physician when exercising physician-delegated	2251
prescriptive authority;	2252

(d) Responsibilities to be fulfilled by the physician in	2253
supervising the physician assistant that are not otherwise	2254
specified in the physician supervisory plan or otherwise required	2255
by this chapter.	2256

Sec. 4730.43. (A) A physician assistant who holds a	2257
certificate to prescribevalid prescriber number issued under this	2258
chapterby the state medical board and has been granted	2259
physician-delegated prescriptive authority by a supervising	2260
physician may personally furnish to a patient samples of drugs and	2261
therapeutic devices that are included in the physician assistant's	2262
physician-delegated prescriptive authority, subject to all of the	2263
following:	2264

(1) The amount of the sample furnished shall not exceed a	2265
seventy-two-hour supply, except when the minimum available	2266
quantity of the sample is packaged in an amount that is greater	2267
than a seventy-two-hour supply, in which case the physician	2268
assistant may furnish the sample in the package amount.	2269

(2) No charge may be imposed for the sample or for furnishing	2270
it.	2271

(3) Samples of controlled substances may not be personally	2272
furnished.	2273

(B) A physician assistant who holds a certificate to	2274
prescribevalid prescriber number issued under this chapterby the	2275
board and has been granted physician-delegated prescriptive	2276
authority by a supervising physician may personally furnish to a	2277
patient a complete or partial supply of the drugs and therapeutic	2278
devices that are included in the physician assistant's	2279
physician-delegated prescriptive authority, subject to all of the	2280
following:	2281

(1) The physician assistant shall personally furnish only	2282
antibiotics, antifungals, scabicides, contraceptives, prenatal	2283
vitamins, antihypertensives, drugs and devices used in the	2284
treatment of diabetes, drugs and devices used in the treatment of	2285
asthma, and drugs used in the treatment of dyslipidemia.	2286

(2) The physician assistant shall not furnish the drugs and	2287
devices in locations other than a health department operated by	2288
the board of health of a city or general health district or the	2289
authority having the duties of a board of health under section	2290
3709.05 of the Revised Code, a federally funded comprehensive	2291
primary care clinic, or a nonprofit health care clinic or program.	2292

(3) The physician assistant shall comply with all standards	2293
and procedures for personally furnishing supplies of drugs and	2294
devices, as established in rules adopted under section 4730.39 of	2295
the Revised Code.	2296

Sec. 4730.49.  (A) To be eligible for renewal of a	2297
certificate to prescribelicense, an applicant shall complete	2298
every two years at least twelve hours of continuing education in	2299
pharmacology from an accredited institution recognized by the	2300
state medical board. Except as provided in division (B) of this	2301
section and in section 5903.12 of the Revised Code, the continuing	2302
education shall be completed not later than the thirty-first day	2303
of January of each even-numbered year.	2304

(B) The state medical board shall provide for pro rata	2305
reductions by month of the number of hours of continuing education	2306
in pharmacology that is required to be completed for physician	2307
assistants who are in their first certificationlicensure period	2308
after completing the provisional period of supervision required	2309
under section 4730.454730.12 of the Revised Code, who have been	2310
disabled due to illness or accident, or who have been absent from	2311
the country. The board shall adopt rules, in accordance with	2312
Chapter 119. of the Revised Code, as necessary to implement this	2313
division.	2314

(C) The continuing education required by this section is in	2315
addition to the continuing education required under section	2316
4730.14 of the Revised Code.	2317

Sec. 4730.51.  In the information the board maintains on the	2318
internet, the state medical board shall include the following:	2319

(A) The name of each physician assistant who holds a	2320
certificate to prescribelicense under this chapter;	2321

(B) For each physician assistant who holds a certificate to	2322
prescribevalid prescriber number issued by the state medical	2323
board, the name of each supervising physician who has authority to	2324
grant physician-delegated prescriptive authority to the physician	2325
assistant.	2326

Sec. 4730.53. (A) As used in this section, "drug database"	2327
means the database established and maintained by the state board	2328
of pharmacy pursuant to section 4729.75 of the Revised Code.	2329

(B) The medical board shall adopt rules in accordance with	2330
Chapter 119. of the Revised Code that establish standards and	2331
procedures to be followed by a physician assistant who holds a	2332
certificate to prescribe issuedlicensed under this chapter	2333
regarding the review of patient information available through the	2334
drug database under division (A)(5) of section 4729.80 of the	2335
Revised Code.	2336

(C) This section and the rules adopted under it do not apply	2337
if the state board of pharmacy no longer maintains the drug	2338
database.	2339

Sec. 4765.01.  As used in this chapter:

2340

(A) "First responder" means an individual who holds a	2341
current, valid certificate issued under section 4765.30 of the	2342
Revised Code to practice as a first responder.	2343

(B) "Emergency medical technician-basic" or "EMT-basic" means	2344
an individual who holds a current, valid certificate issued under	2345
section 4765.30 of the Revised Code to practice as an emergency	2346
medical technician-basic.	2347

(C) "Emergency medical technician-intermediate" or "EMT-I"	2348
means an individual who holds a current, valid certificate issued	2349
under section 4765.30 of the Revised Code to practice as an	2350
emergency medical technician-intermediate.	2351

(D) "Emergency medical technician-paramedic" or "paramedic"	2352
means an individual who holds a current, valid certificate issued	2353
under section 4765.30 of the Revised Code to practice as an	2354
emergency medical technician-paramedic.	2355

(E) "Ambulance" means any motor vehicle that is used, or is	2356
intended to be used, for the purpose of responding to emergency	2357
medical situations, transporting emergency patients, and	2358
administering emergency medical service to patients before,	2359
during, or after transportation.	2360

(F) "Cardiac monitoring" means a procedure used for the	2361
purpose of observing and documenting the rate and rhythm of a	2362
patient's heart by attaching electrical leads from an	2363
electrocardiograph monitor to certain points on the patient's body	2364
surface.	2365

(G) "Emergency medical service" means any of the services	2366
described in sections 4765.35, 4765.37, 4765.38, and 4765.39 of	2367
the Revised Code that are performed by first responders, emergency	2368
medical technicians-basic, emergency medical	2369
technicians-intermediate, and paramedics. "Emergency medical	2370
service" includes such services performed before or during any	2371
transport of a patient, including transports between hospitals and	2372
transports to and from helicopters.	2373

(H) "Emergency medical service organization" means a public	2374
or private organization using first responders, EMTs-basic,	2375
EMTs-I, or paramedics, or a combination of first responders,	2376
EMTs-basic, EMTs-I, and paramedics, to provide emergency medical	2377
services.	2378

(I) "Physician" means an individual who holds a current,	2379
valid certificate issued under Chapter 4731. of the Revised Code	2380
authorizing the practice of medicine and surgery or osteopathic	2381
medicine and surgery.	2382

(J) "Registered nurse" means an individual who holds a	2383
current, valid license issued under Chapter 4723. of the Revised	2384
Code authorizing the practice of nursing as a registered nurse.	2385

(K) "Volunteer" means a person who provides services either	2386
for no compensation or for compensation that does not exceed the	2387
actual expenses incurred in providing the services or in training	2388
to provide the services.	2389

(L) "Emergency medical service personnel" means first	2390
responders, emergency medical service technicians-basic, emergency	2391
medical service technicians-intermediate, emergency medical	2392
service technicians-paramedic, and persons who provide medical	2393
direction to such persons.	2394

(M) "Hospital" has the same meaning as in section 3727.01 of	2395
the Revised Code.	2396

(N) "Trauma" or "traumatic injury" means severe damage to or	2397
destruction of tissue that satisfies both of the following	2398
conditions:	2399

(1) It creates a significant risk of any of the following:

2400

(a) Loss of life;

2401

(b) Loss of a limb;

2402

(c) Significant, permanent disfigurement;

2403

(d) Significant, permanent disability.

2404

(2) It is caused by any of the following:

2405

(a) Blunt or penetrating injury;

2406

(b) Exposure to electromagnetic, chemical, or radioactive	2407
energy;	2408

(c) Drowning, suffocation, or strangulation;

2409

(d) A deficit or excess of heat.

2410

(O) "Trauma victim" or "trauma patient" means a person who	2411
has sustained a traumatic injury.	2412

(P) "Trauma care" means the assessment, diagnosis,	2413
transportation, treatment, or rehabilitation of a trauma victim by	2414
emergency medical service personnel or by a physician, nurse,	2415
physician assistant, respiratory therapist, physical therapist,	2416
chiropractor, occupational therapist, speech-language pathologist,	2417
audiologist, or psychologist licensed to practice as such in this	2418
state or another jurisdiction.	2419

(Q) "Trauma center" means all of the following:

2420

(1) Any hospital that is verified by the American college of	2421
surgeons as an adult or pediatric trauma center;	2422

(2) Any hospital that is operating as an adult or pediatric	2423
trauma center under provisional status pursuant to section	2424
3727.101 of the Revised Code;	2425

(3) Until December 31, 2004, any hospital in this state that	2426
is designated by the director of health as a level II pediatric	2427
trauma center under section 3727.081 of the Revised Code;	2428

(4) Any hospital in another state that is licensed or	2429
designated under the laws of that state as capable of providing	2430
specialized trauma care appropriate to the medical needs of the	2431
trauma patient.	2432

(R) "Pediatric" means involving a patient who is less than	2433
sixteen years of age.	2434

(S) "Adult" means involving a patient who is not a pediatric	2435
patient.	2436

(T) "Geriatric" means involving a patient who is at least	2437
seventy years old or exhibits significant anatomical or	2438
physiological characteristics associated with advanced aging.	2439

(U) "Air medical organization" means an organization that	2440
provides emergency medical services, or transports emergency	2441
victims, by means of fixed or rotary wing aircraft.	2442

(V) "Emergency care" and "emergency facility" have the same	2443
meanings as in section 3727.01 of the Revised Code.	2444

(W) "Stabilize," except as it is used in division (B) of	2445
section 4765.35 of the Revised Code with respect to the manual	2446
stabilization of fractures, has the same meaning as in section	2447
1753.28 of the Revised Code.	2448

(X) "Transfer" has the same meaning as in section 1753.28 of	2449
the Revised Code.	2450

(Y) "Firefighter" means any member of a fire department as	2451
defined in section 742.01 of the Revised Code.	2452

(Z) "Volunteer firefighter" has the same meaning as in	2453
section 146.01 of the Revised Code.	2454

(AA) "Part-time paid firefighter" means a person who provides	2455
firefighting services on less than a full-time basis, is routinely	2456
scheduled to be present on site at a fire station or other	2457
designated location for purposes of responding to a fire or other	2458
emergency, and receives more than nominal compensation for the	2459
provision of firefighting services.	2460

(BB) "Physician assistant" means an individual who holds a	2461
valid certificate to practice as a physician assistant issued	2462
under Chapter 4730.has the same meaning as in section 1.64 of the	2463
Revised Code.	2464

Sec. 4765.51.  Nothing in this chapter prevents or restricts	2465
the practice, services, or activities of any registered nurse	2466
practicing within the scope of the registered nurse's practice.	2467

Nothing in this chapter prevents or restricts the practice,	2468
services, or activities of any physician assistant practicing in	2469
accordance with a physician supervisory plan approvedsupervision	2470
agreement entered into under section 4730.174730.16 of the	2471
Revised Code or the policies of the health care facility in which	2472
the physician assistant is practicing.	2473

Sec. 5123.47.  (A) As used in this section:

2474

(1) "In-home care" means the supportive services provided	2475
within the home of an individual with mental retardation or a	2476
developmental disability who receives funding for the services	2477
through a county board of developmental disabilities, including	2478
any recipient of residential services funded as home and	2479
community-based services, family support services provided under	2480
section 5126.11 of the Revised Code, or supported living provided	2481
in accordance with sections 5126.41 to 5126.47 of the Revised	2482
Code. "In-home care" includes care that is provided outside an	2483
individual's home in places incidental to the home, and while	2484
traveling to places incidental to the home, except that "in-home	2485
care" does not include care provided in the facilities of a county	2486
board of developmental disabilities or care provided in schools.	2487

(2) "Parent" means either parent of a child, including an	2488
adoptive parent but not a foster parent.	2489

(3) "Unlicensed in-home care worker" means an individual who	2490
provides in-home care but is not a health care professional.	2491

(4) "Family member" means a parent, sibling, spouse, son,	2492
daughter, grandparent, aunt, uncle, cousin, or guardian of the	2493
individual with mental retardation or a developmental disability	2494
if the individual with mental retardation or developmental	2495
disabilities lives with the person and is dependent on the person	2496
to the extent that, if the supports were withdrawn, another living	2497
arrangement would have to be found.	2498

(5) "Health care professional" means any of the following:

2499

(a) A dentist who holds a valid license issued under Chapter	2500
4715. of the Revised Code;	2501

(b) A registered or licensed practical nurse who holds a	2502
valid license issued under Chapter 4723. of the Revised Code;	2503

(c) An optometrist who holds a valid license issued under	2504
Chapter 4725. of the Revised Code;	2505

(d) A pharmacist who holds a valid license issued under	2506
Chapter 4729. of the Revised Code;	2507

(e) A person who holds a valid certificate issued under	2508
Chapter 4731. of the Revised Code to practice medicine and	2509
surgery, osteopathic medicine and surgery, podiatric medicine and	2510
surgery, or a limited brand of medicine;	2511

(f) A physician assistant who holds a valid certificate	2512
license issued under Chapter 4730. of the Revised Code;	2513

(g) An occupational therapist or occupational therapy	2514
assistant or a physical therapist or physical therapist assistant	2515
who holds a valid license issued under Chapter 4755. of the	2516
Revised Code;	2517

(h) A respiratory care professional who holds a valid license	2518
issued under Chapter 4761. of the Revised Code.	2519

(6) "Health care task" means a task that is prescribed,	2520
ordered, delegated, or otherwise directed by a health care	2521
professional acting within the scope of the professional's	2522
practice.	2523

(B) Except as provided in division (E) of this section, a	2524
family member of an individual with mental retardation or a	2525
developmental disability may authorize an unlicensed in-home care	2526
worker to administer oral and topical prescribed medications or	2527
perform other health care tasks as part of the in-home care the	2528
worker provides to the individual, if all of the following apply:	2529

(1) The family member is the primary supervisor of the care.

2530

(2) The unlicensed in-home care worker has been selected by	2531
the family member or the individual receiving care and is under	2532
the direct supervision of the family member.	2533

(3) The unlicensed in-home care worker is providing the care	2534
through an employment or other arrangement entered into directly	2535
with the family member and is not otherwise employed by or under	2536
contract with a person or government entity to provide services to	2537
individuals with mental retardation and developmental	2538
disabilities.	2539

(C) A family member shall obtain a prescription, if	2540
applicable, and written instructions from a health care	2541
professional for the care to be provided to the individual. The	2542
family member shall authorize the unlicensed in-home care worker	2543
to provide the care by preparing a written document granting the	2544
authority. The family member shall provide the unlicensed in-home	2545
care worker with appropriate training and written instructions in	2546
accordance with the instructions obtained from the health care	2547
professional.	2548

(D) A family member who authorizes an unlicensed in-home care	2549
worker to administer oral and topical prescribed medications or	2550
perform other health care tasks retains full responsibility for	2551
the health and safety of the individual receiving the care and for	2552
ensuring that the worker provides the care appropriately and	2553
safely. No entity that funds or monitors the provision of in-home	2554
care may be held liable for the results of the care provided under	2555
this section by an unlicensed in-home care worker, including such	2556
entities as the county board of developmental disabilities and the	2557
department of developmental disabilities.	2558

An unlicensed in-home care worker who is authorized under	2559
this section by a family member to provide care to an individual	2560
may not be held liable for any injury caused in providing the	2561
care, unless the worker provides the care in a manner that is not	2562
in accordance with the training and instructions received or the	2563
worker acts in a manner that constitutes wanton or reckless	2564
misconduct.	2565

(E) A county board of developmental disabilities may evaluate	2566
the authority granted by a family member under this section to an	2567
unlicensed in-home care worker at any time it considers necessary	2568
and shall evaluate the authority on receipt of a complaint. If the	2569
board determines that a family member has acted in a manner that	2570
is inappropriate for the health and safety of the individual	2571
receiving the care, the authorization granted by the family member	2572
to an unlicensed in-home care worker is void, and the family	2573
member may not authorize other unlicensed in-home care workers to	2574
provide the care. In making such a determination, the board shall	2575
use appropriately licensed health care professionals and shall	2576
provide the family member an opportunity to file a complaint under	2577
section 5126.06 of the Revised Code.	2578

Section 2.  That existing sections 1.64, 2133.211, 2305.113,	2579
4503.44, 4729.01, 4730.01, 4730.02, 4730.03, 4730.04, 4730.06,	2580
4730.08, 4730.091, 4730.092, 4730.10, 4730.101, 4730.11, 4730.12,	2581
4730.13, 4730.14, 4730.16, 4730.21, 4730.25, 4730.251, 4730.27,	2582
4730.28, 4730.31, 4730.32, 4730.33, 4730.38, 4730.39, 4730.41,	2583
4730.42, 4730.43, 4730.49, 4730.51, 4730.53, 4765.01, 4765.51, and	2584
5123.47 and sections 4730.081, 4730.09, 4730.15, 4730.17, 4730.18,	2585
4730.19, 4730.20, 4730.401, 4730.44, 4730.45, 4730.46, 4730.47,	2586
4730.48, 4730.50, and 4730.52 of the Revised Code are hereby	2587
repealed.	2588

Section 3.  (A) The State Medical Board may continue to issue	2589
certificates to practice and certificates to prescribe pursuant to	2590
Chapter 4730. of the Revised Code for not longer than ninety days	2591
after the effective date of this section. Thereafter, the Board	2592
shall issue licenses in compliance with this act.	2593

(B) Existing certificates to practice and certificates to	2594
prescribe issued pursuant to Chapter 4730. of the Revised Code	2595
shall satisfy the requirements for licenses as created by this act	2596
until the thirty-first day of January of the first even-numbered	2597
year following the effective date of this section.	2598