As Passed by the House

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 412

Representative Gonzales 

Cosponsors: Representatives Bishoff, Terhar, Young, Wachtmann, Schuring, Brown, Anielski, Baker, Blessing, Carney, Green, Grossman, Hackett, Huffman, Landis, Perales, Pillich, Rogers, Scherer Speaker Batchelder 

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A BILL

To amend sections 1.64, 2133.211, 2151.3515,

1

2305.113, 3701.92, 4503.44, 4729.01, 4730.01,

2

4730.02, 4730.03, 4730.04, 4730.06, 4730.08,

3

4730.091, 4730.10, 4730.101, 4730.11, 4730.12,

4

4730.13, 4730.14, 4730.19, 4730.21, 4730.22,

5

4730.25, 4730.251, 4730.27, 4730.28, 4730.31,

6

4730.32, 4730.33, 4730.38, 4730.39, 4730.41,

7

4730.42, 4730.43, 4730.49, 4730.51, 4730.53,

8

4731.07, 4765.01, 4765.51, and 5123.47; to amend,

9

for the purpose of adopting new section numbers as

10

shown in parentheses, section 4730.091 (4730.201)

11

and 4730.092 (4730.202); to enact new section

12

4730.20 and sections 4730.111 and 4730.203; and to

13

repeal sections 4730.081, 4730.09, 4730.15,

14

4730.16, 4730.17, 4730.18, 4730.20, 4730.44,

15

4730.45, 4730.46, 4730.47, 4730.48, 4730.50, and

16

4730.52 of the Revised Code to revise the law

17

governing the practice of physician assistants.

18

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

Section 1. That sections 1.64, 2133.211, 2151.3515, 2305.113,	19
3701.92, 4503.44, 4729.01, 4730.01, 4730.02, 4730.03, 4730.04,	20
4730.06, 4730.08, 4730.091, 4730.10, 4730.101, 4730.11, 4730.12,	21
4730.13, 4730.14, 4730.19, 4730.21, 4730.22, 4730.25, 4730.251,	22
4730.27, 4730.28, 4730.31, 4730.32, 4730.33, 4730.38, 4730.39,	23
4730.41, 4730.42, 4730.43, 4730.49, 4730.51, 4730.53, 4731.07,	24
4765.01, 4765.51, and 5123.47 be amended, sections 4730.091	25
(4730.201) and 4730.092 (4730.202) be amended for the purpose of	26
adopting new section numbers as indicated in parentheses, and new	27
section 4730.20 and sections 4730.111 and 4730.203 of the Revised	28
Code be enacted to read as follows:	29

Sec. 1.64. As used in the Revised Code:

30

(A) "Certified nurse-midwife" means a registered nurse who	31
holds a valid certificate of authority issued under Chapter 4723.	32
of the Revised Code that authorizes the practice of nursing as a	33
certified nurse-midwife in accordance with section 4723.43 of the	34
Revised Code and rules adopted by the board of nursing.	35

(B) "Certified nurse practitioner" means a registered nurse	36
who holds a valid certificate of authority issued under Chapter	37
4723. of the Revised Code that authorizes the practice of nursing	38
as a certified nurse practitioner in accordance with section	39
4723.43 of the Revised Code and rules adopted by the board of	40
nursing.	41

(C) "Clinical nurse specialist" means a registered nurse who	42
holds a valid certificate of authority issued under Chapter 4723.	43
of the Revised Code that authorizes the practice of nursing as a	44
clinical nurse specialist in accordance with section 4723.43 of	45
the Revised Code and rules adopted by the board of nursing.	46

(D) "Physician assistant" means an individual who holds a	47
valid certificate to practice issuedis licensed under Chapter	48
4730. of the Revised Code authorizing the individual to provide	49
services as a physician assistant to patients under the	50
supervision, control, and direction of one or more physicians.	51

Sec. 2133.211.  A person who holds a certificate of authority	52
to practice as a certified nurse practitioner or clinical nurse	53
specialist issued under section 4723.42Chapter 4723. of the	54
Revised Code may take any action that may be taken by an attending	55
physician under sections 2133.21 to 2133.26 of the Revised Code	56
and has the immunity provided by section 2133.22 of the Revised	57
Code if the action is taken pursuant to a standard care	58
arrangement with a collaborating physician.	59

A person who holds a certificatelicense to practice as a	60
physician assistant issued under Chapter 4730. of the Revised Code	61
may take any action that may be taken by an attending physician	62
under sections 2133.21 to 2133.26 of the Revised Code and has the	63
immunity provided by section 2133.22 of the Revised Code if the	64
action is taken pursuant to a physician supervisory plan approved	65
pursuant tosupervision agreement entered into under section	66
4730.174730.19 of the Revised Code or, including, if applicable	67
the policies of a health care facility in which the physician	68
assistant is practicing.	69

Sec. 2151.3515.  As used in sections 2151.3515 to 2151.3530	70
of the Revised Code:	71

(A) "Deserted child" means a child whose parent has	72
voluntarily delivered the child to an emergency medical service	73
worker, peace officer, or hospital employee without expressing an	74
intent to return for the child.	75

(B) "Emergency medical service organization," "emergency	76
medical technician-basic," "emergency medical	77
technician-intermediate," "first responder," and "paramedic" have	78
the same meanings as in section 4765.01 of the Revised Code.	79

(C) "Emergency medical service worker" means a first	80
responder, emergency medical technician-basic, emergency medical	81
technician-intermediate, or paramedic.	82

(D) "Hospital" has the same meaning as in section 3727.01 of	83
the Revised Code.	84

(E) "Hospital employee" means any of the following persons:

85

(1) A physician who has been granted privileges to practice	86
at the hospital;	87

(2) A nurse, physician assistant, or nursing assistant	88
employed by the hospital;	89

(3) An authorized person employed by the hospital who is	90
acting under the direction of a physician described in division	91
(E)(1) of this section.	92

(F) "Law enforcement agency" means an organization or entity	93
made up of peace officers.	94

(G) "Nurse" means a person who is licensed under Chapter	95
4723. of the Revised Code to practice as a registered nurse or	96
licensed practical nurse.	97

(H) "Nursing assistant" means a person designated by a	98
hospital as a nurse aide or nursing assistant whose job is to aid	99
nurses, physicians, and physician assistants in the performance of	100
their duties.	101

(I) "Peace officer" means a sheriff, deputy sheriff,	102
constable, police officer of a township or joint police district,	103
marshal, deputy marshal, municipal police officer, or a state	104
highway patrol trooper.	105

(J) "Physician" and "physician assistant" have the same	106
meanings as in section 4730.01means an individual authorized	107
under Chapter 4731. of the Revised Code to practice medicine and	108
surgery, osteopathic medicine and surgery, or podiatric medicine	109
and surgery.	110

(K) "Physician assistant" means an individual who holds a	111
current, valid license to practice as a physician assistant issued	112
under Chapter 4730. of the Revised Code.	113

Sec. 2305.113. (A) Except as otherwise provided in this	114
section, an action upon a medical, dental, optometric, or	115
chiropractic claim shall be commenced within one year after the	116
cause of action accrued.	117

(B)(1) If prior to the expiration of the one-year period	118
specified in division (A) of this section, a claimant who	119
allegedly possesses a medical, dental, optometric, or chiropractic	120
claim gives to the person who is the subject of that claim written	121
notice that the claimant is considering bringing an action upon	122
that claim, that action may be commenced against the person	123
notified at any time within one hundred eighty days after the	124
notice is so given.	125

(2) An insurance company shall not consider the existence or	126
nonexistence of a written notice described in division (B)(1) of	127
this section in setting the liability insurance premium rates that	128
the company may charge the company's insured person who is	129
notified by that written notice.	130

(C) Except as to persons within the age of minority or of	131
unsound mind as provided by section 2305.16 of the Revised Code,	132
and except as provided in division (D) of this section, both of	133
the following apply:	134

(1) No action upon a medical, dental, optometric, or	135
chiropractic claim shall be commenced more than four years after	136
the occurrence of the act or omission constituting the alleged	137
basis of the medical, dental, optometric, or chiropractic claim.	138

(2) If an action upon a medical, dental, optometric, or	139
chiropractic claim is not commenced within four years after the	140
occurrence of the act or omission constituting the alleged basis	141
of the medical, dental, optometric, or chiropractic claim, then,	142
any action upon that claim is barred.	143

(D)(1) If a person making a medical claim, dental claim,	144
optometric claim, or chiropractic claim, in the exercise of	145
reasonable care and diligence, could not have discovered the	146
injury resulting from the act or omission constituting the alleged	147
basis of the claim within three years after the occurrence of the	148
act or omission, but, in the exercise of reasonable care and	149
diligence, discovers the injury resulting from that act or	150
omission before the expiration of the four-year period specified	151
in division (C)(1) of this section, the person may commence an	152
action upon the claim not later than one year after the person	153
discovers the injury resulting from that act or omission.	154

(2) If the alleged basis of a medical claim, dental claim,	155
optometric claim, or chiropractic claim is the occurrence of an	156
act or omission that involves a foreign object that is left in the	157
body of the person making the claim, the person may commence an	158
action upon the claim not later than one year after the person	159
discovered the foreign object or not later than one year after the	160
person, with reasonable care and diligence, should have discovered	161
the foreign object.	162

(3) A person who commences an action upon a medical claim,	163
dental claim, optometric claim, or chiropractic claim under the	164
circumstances described in division (D)(1) or (2) of this section	165
has the affirmative burden of proving, by clear and convincing	166
evidence, that the person, with reasonable care and diligence,	167
could not have discovered the injury resulting from the act or	168
omission constituting the alleged basis of the claim within the	169
three-year period described in division (D)(1) of this section or	170
within the one-year period described in division (D)(2) of this	171
section, whichever is applicable.	172

(E) As used in this section:

173

(1) "Hospital" includes any person, corporation, association,	174
board, or authority that is responsible for the operation of any	175
hospital licensed or registered in the state, including, but not	176
limited to, those that are owned or operated by the state,	177
political subdivisions, any person, any corporation, or any	178
combination of the state, political subdivisions, persons, and	179
corporations. "Hospital" also includes any person, corporation,	180
association, board, entity, or authority that is responsible for	181
the operation of any clinic that employs a full-time staff of	182
physicians practicing in more than one recognized medical	183
specialty and rendering advice, diagnosis, care, and treatment to	184
individuals. "Hospital" does not include any hospital operated by	185
the government of the United States or any of its branches.	186

(2) "Physician" means a person who is licensed to practice	187
medicine and surgery or osteopathic medicine and surgery by the	188
state medical board or a person who otherwise is authorized to	189
practice medicine and surgery or osteopathic medicine and surgery	190
in this state.	191

(3) "Medical claim" means any claim that is asserted in any	192
civil action against a physician, podiatrist, hospital, home, or	193
residential facility, against any employee or agent of a	194
physician, podiatrist, hospital, home, or residential facility, or	195
against a licensed practical nurse, registered nurse, advanced	196
practice registered nurse, physical therapist, physician	197
assistant, emergency medical technician-basic, emergency medical	198
technician-intermediate, or emergency medical	199
technician-paramedic, and that arises out of the medical	200
diagnosis, care, or treatment of any person. "Medical claim"	201
includes the following:	202

(a) Derivative claims for relief that arise from the medical	203
diagnosis, care, or treatment of a person;	204

(b) Claims that arise out of the medical diagnosis, care, or	205
treatment of any person and to which either of the following	206
applies:	207

(i) The claim results from acts or omissions in providing	208
medical care.	209

(ii) The claim results from the hiring, training,	210
supervision, retention, or termination of caregivers providing	211
medical diagnosis, care, or treatment.	212

(c) Claims that arise out of the medical diagnosis, care, or	213
treatment of any person and that are brought under section 3721.17	214
of the Revised Code.	215

(4) "Podiatrist" means any person who is licensed to practice	216
podiatric medicine and surgery by the state medical board.	217

(5) "Dentist" means any person who is licensed to practice	218
dentistry by the state dental board.	219

(6) "Dental claim" means any claim that is asserted in any	220
civil action against a dentist, or against any employee or agent	221
of a dentist, and that arises out of a dental operation or the	222
dental diagnosis, care, or treatment of any person. "Dental claim"	223
includes derivative claims for relief that arise from a dental	224
operation or the dental diagnosis, care, or treatment of a person.	225

(7) "Derivative claims for relief" include, but are not	226
limited to, claims of a parent, guardian, custodian, or spouse of	227
an individual who was the subject of any medical diagnosis, care,	228
or treatment, dental diagnosis, care, or treatment, dental	229
operation, optometric diagnosis, care, or treatment, or	230
chiropractic diagnosis, care, or treatment, that arise from that	231
diagnosis, care, treatment, or operation, and that seek the	232
recovery of damages for any of the following:	233

(a) Loss of society, consortium, companionship, care,	234
assistance, attention, protection, advice, guidance, counsel,	235
instruction, training, or education, or any other intangible loss	236
that was sustained by the parent, guardian, custodian, or spouse;	237

(b) Expenditures of the parent, guardian, custodian, or	238
spouse for medical, dental, optometric, or chiropractic care or	239
treatment, for rehabilitation services, or for other care,	240
treatment, services, products, or accommodations provided to the	241
individual who was the subject of the medical diagnosis, care, or	242
treatment, the dental diagnosis, care, or treatment, the dental	243
operation, the optometric diagnosis, care, or treatment, or the	244
chiropractic diagnosis, care, or treatment.	245

(8) "Registered nurse" means any person who is licensed to	246
practice nursing as a registered nurse by the board of nursing.	247

(9) "Chiropractic claim" means any claim that is asserted in	248
any civil action against a chiropractor, or against any employee	249
or agent of a chiropractor, and that arises out of the	250
chiropractic diagnosis, care, or treatment of any person.	251
"Chiropractic claim" includes derivative claims for relief that	252
arise from the chiropractic diagnosis, care, or treatment of a	253
person.	254

(10) "Chiropractor" means any person who is licensed to	255
practice chiropractic by the state chiropractic board.	256

(11) "Optometric claim" means any claim that is asserted in	257
any civil action against an optometrist, or against any employee	258
or agent of an optometrist, and that arises out of the optometric	259
diagnosis, care, or treatment of any person. "Optometric claim"	260
includes derivative claims for relief that arise from the	261
optometric diagnosis, care, or treatment of a person.	262

(12) "Optometrist" means any person licensed to practice	263
optometry by the state board of optometry.	264

(13) "Physical therapist" means any person who is licensed to	265
practice physical therapy under Chapter 4755. of the Revised Code.	266

(14) "Home" has the same meaning as in section 3721.10 of the	267
Revised Code.	268

(15) "Residential facility" means a facility licensed under	269
section 5123.19 of the Revised Code.	270

(16) "Advanced practice registered nurse" means any certified	271
nurse practitioner, clinical nurse specialist, certified	272
registered nurse anesthetist, or certified nurse-midwife who holds	273
a certificate of authority issued by the board of nursing under	274
Chapter 4723. of the Revised Code.	275

(17) "Licensed practical nurse" means any person who is	276
licensed to practice nursing as a licensed practical nurse by the	277
board of nursing pursuant to Chapter 4723. of the Revised Code.	278

(18) "Physician assistant" means any person who holds a valid	279
certificate to practice issued pursuant tois licensed as a	280
physician assistant under Chapter 4730. of the Revised Code.	281

(19) "Emergency medical technician-basic," "emergency medical	282
technician-intermediate," and "emergency medical	283
technician-paramedic" means any person who is certified under	284
Chapter 4765. of the Revised Code as an emergency medical	285
technician-basic, emergency medical technician-intermediate, or	286
emergency medical technician-paramedic, whichever is applicable.	287

Sec. 3701.92.  As used in sections 3701.921 to 3701.929 of	288
the Revised Code:	289

(A) "Advanced practice registered nurse" has the same meaning	290
as in section 4723.01 of the Revised Code.	291

(B) "Patient centered medical home education advisory group"	292
means the entity established under section 3701.924 of the Revised	293
Code.	294

(C) "Patient centered medical home education program" means	295
the program established under section 3701.921 of the Revised Code	296
and any pilot projects operated pursuant to that section.	297

(D) "Patient centered medical home education pilot project"	298
means the pilot project established under section 3701.923 of the	299
Revised Code.	300

(E) "Physician assistant" has the same meaning as in section	301
4730.01means any person who is licensed as a physician assistant	302
under Chapter 4730. of the Revised Code.	303

Sec. 4503.44.  (A) As used in this section and in section	304
4511.69 of the Revised Code:	305

(1) "Person with a disability that limits or impairs the	306
ability to walk" means any person who, as determined by a health	307
care provider, meets any of the following criteria:	308

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

309

(b) Cannot walk without the use of, or assistance from, a	310
brace, cane, crutch, another person, prosthetic device,	311
wheelchair, or other assistive device;	312

(c) Is restricted by a lung disease to such an extent that	313
the person's forced (respiratory) expiratory volume for one	314
second, when measured by spirometry, is less than one liter, or	315
the arterial oxygen tension is less than sixty millimeters of	316
mercury on room air at rest;	317

(d) Uses portable oxygen;

318

(e) Has a cardiac condition to the extent that the person's	319
functional limitations are classified in severity as class III or	320
class IV according to standards set by the American heart	321
association;	322

(f) Is severely limited in the ability to walk due to an	323
arthritic, neurological, or orthopedic condition;	324

(g) Is blind.

325

(2) "Organization" means any private organization or	326
corporation, or any governmental board, agency, department,	327
division, or office, that, as part of its business or program,	328
transports persons with disabilities that limit or impair the	329
ability to walk on a regular basis in a motor vehicle that has not	330
been altered for the purpose of providing it with special	331
equipment for use by persons with disabilities. This definition	332
does not apply to division (J) of this section.	333

(3) "Health care provider" means a physician, physician	334
assistant, advanced practice registered nurse, or chiropractor as	335
defined in this section.	336

(4) "Physician" means a person licensed to practice medicine	337
or surgery or osteopathic medicine and surgery under Chapter 4731.	338
of the Revised Code.	339

(5) "Chiropractor" means a person licensed to practice	340
chiropractic under Chapter 4734. of the Revised Code.	341

(6) "Advanced practice registered nurse" means a certified	342
nurse practitioner, clinical nurse specialist, certified	343
registered nurse anesthetist, or certified nurse-midwife who holds	344
a certificate of authority issued by the board of nursing under	345
Chapter 4723. of the Revised Code.	346

(7) "Physician assistant" means a person who holds a	347
certificate to practice as a physician assistant issuedis	348
licensed as a physician assistant under Chapter 4730. of the	349
Revised Code.	350

(B) Any organization or person with a disability that limits	351
or impairs the ability to walk may apply to the registrar of motor	352
vehicles for a removable windshield placard or, if the person owns	353
or leases a motor vehicle, the person may apply for the	354
registration of any motor vehicle the person owns or leases. In	355
addition to one or more sets of license plates or one placard, a	356
person with a disability that limits or impairs the ability to	357
walk is entitled to one additional placard, but only if the person	358
applies separately for the additional placard, states the reasons	359
why the additional placard is needed, and the registrar, in the	360
registrar's discretion, determines that good and justifiable cause	361
exists to approve the request for the additional placard. When a	362
motor vehicle has been altered for the purpose of providing it	363
with special equipment for a person with a disability that limits	364
or impairs the ability to walk, but is owned or leased by someone	365
other than such a person, the owner or lessee may apply to the	366
registrar or a deputy registrar for registration under this	367
section. The application for registration of a motor vehicle owned	368
or leased by a person with a disability that limits or impairs the	369
ability to walk shall be accompanied by a signed statement from	370
the applicant's health care provider certifying that the applicant	371
meets at least one of the criteria contained in division (A)(1) of	372
this section and that the disability is expected to continue for	373
more than six consecutive months. The application for a removable	374
windshield placard made by a person with a disability that limits	375
or impairs the ability to walk shall be accompanied by a	376
prescription from the applicant's health care provider prescribing	377
such a placard for the applicant, provided that the applicant	378
meets at least one of the criteria contained in division (A)(1) of	379
this section. The health care provider shall state on the	380
prescription the length of time the health care provider expects	381
the applicant to have the disability that limits or impairs the	382
applicant's ability to walk. The application for a removable	383
windshield placard made by an organization shall be accompanied by	384
such documentary evidence of regular transport of persons with	385
disabilities that limit or impair the ability to walk by the	386
organization as the registrar may require by rule and shall be	387
completed in accordance with procedures that the registrar may	388
require by rule. The application for registration of a motor	389
vehicle that has been altered for the purpose of providing it with	390
special equipment for a person with a disability that limits or	391
impairs the ability to walk but is owned by someone other than	392
such a person shall be accompanied by such documentary evidence of	393
vehicle alterations as the registrar may require by rule.	394

(C) When an organization, a person with a disability that	395
limits or impairs the ability to walk, or a person who does not	396
have a disability that limits or impairs the ability to walk but	397
owns a motor vehicle that has been altered for the purpose of	398
providing it with special equipment for a person with a disability	399
that limits or impairs the ability to walk first submits an	400
application for registration of a motor vehicle under this section	401
and every fifth year thereafter, the organization or person shall	402
submit a signed statement from the applicant's health care	403
provider, a completed application, and any required documentary	404
evidence of vehicle alterations as provided in division (B) of	405
this section, and also a power of attorney from the owner of the	406
motor vehicle if the applicant leases the vehicle. Upon submission	407
of these items, the registrar or deputy registrar shall issue to	408
the applicant appropriate vehicle registration and a set of	409
license plates and validation stickers, or validation stickers	410
alone when required by section 4503.191 of the Revised Code. In	411
addition to the letters and numbers ordinarily inscribed thereon,	412
the license plates shall be imprinted with the international	413
symbol of access. The license plates and validation stickers shall	414
be issued upon payment of the regular license fee as prescribed	415
under section 4503.04 of the Revised Code and any motor vehicle	416
tax levied under Chapter 4504. of the Revised Code, and the	417
payment of a service fee equal to the amount specified in division	418
(D) or (G) of section 4503.10 of the Revised Code.	419

(D)(1) Upon receipt of a completed and signed application for	420
a removable windshield placard, a prescription as described in	421
division (B) of this section, documentary evidence of regular	422
transport of persons with disabilities that limit or impair the	423
ability to walk, if required, and payment of a service fee equal	424
to the amount specified in division (D) or (G) of section 4503.10	425
of the Revised Code, the registrar or deputy registrar shall issue	426
to the applicant a removable windshield placard, which shall bear	427
the date of expiration on both sides of the placard and shall be	428
valid until expired, revoked, or surrendered. Every removable	429
windshield placard expires as described in division (D)(2) of this	430
section, but in no case shall a removable windshield placard be	431
valid for a period of less than sixty days. Removable windshield	432
placards shall be renewable upon application as provided in	433
division (B) of this section, and a service fee equal to the	434
amount specified in division (D) or (G) of section 4503.10 of the	435
Revised Code shall be charged for the renewal of a removable	436
windshield placard. The registrar shall provide the application	437
form and shall determine the information to be included thereon.	438
The registrar also shall determine the form and size of the	439
removable windshield placard, the material of which it is to be	440
made, and any other information to be included thereon, and shall	441
adopt rules relating to the issuance, expiration, revocation,	442
surrender, and proper display of such placards. Any placard issued	443
after October 14, 1999, shall be manufactured in a manner that	444
allows the expiration date of the placard to be indicated on it	445
through the punching, drilling, boring, or creation by any other	446
means of holes in the placard.	447

(2) At the time a removable windshield placard is issued to a	448
person with a disability that limits or impairs the ability to	449
walk, the registrar or deputy registrar shall enter into the	450
records of the bureau of motor vehicles the last date on which the	451
person will have that disability, as indicated on the accompanying	452
prescription. Not less than thirty days prior to that date and all	453
removable windshield placard renewal dates, the bureau shall send	454
a renewal notice to that person at the person's last known address	455
as shown in the records of the bureau, informing the person that	456
the person's removable windshield placard will expire on the	457
indicated date not to exceed five years from the date of issuance,	458
and that the person is required to renew the placard by submitting	459
to the registrar or a deputy registrar another prescription, as	460
described in division (B) of this section, and by complying with	461
the renewal provisions prescribed in division (D)(1) of this	462
section. If such a prescription is not received by the registrar	463
or a deputy registrar by that date, the placard issued to that	464
person expires and no longer is valid, and this fact shall be	465
recorded in the records of the bureau.	466

(3) At least once every year, on a date determined by the	467
registrar, the bureau shall examine the records of the office of	468
vital statistics, located within the department of health, that	469
pertain to deceased persons, and also the bureau's records of all	470
persons who have been issued removable windshield placards and	471
temporary removable windshield placards. If the records of the	472
office of vital statistics indicate that a person to whom a	473
removable windshield placard or temporary removable windshield	474
placard has been issued is deceased, the bureau shall cancel that	475
placard, and note the cancellation in its records.	476

The office of vital statistics shall make available to the	477
bureau all information necessary to enable the bureau to comply	478
with division (D)(3) of this section.	479

(4) Nothing in this section shall be construed to require a	480
person or organization to apply for a removable windshield placard	481
or special license plates if the parking card or special license	482
plates issued to the person or organization under prior law have	483
not expired or been surrendered or revoked.	484

(E)(1)(a) Any person with a disability that limits or impairs	485
the ability to walk may apply to the registrar or a deputy	486
registrar for a temporary removable windshield placard. The	487
application for a temporary removable windshield placard shall be	488
accompanied by a prescription from the applicant's health care	489
provider prescribing such a placard for the applicant, provided	490
that the applicant meets at least one of the criteria contained in	491
division (A)(1) of this section and that the disability is	492
expected to continue for six consecutive months or less. The	493
health care provider shall state on the prescription the length of	494
time the health care provider expects the applicant to have the	495
disability that limits or impairs the applicant's ability to walk,	496
which cannot exceed six months from the date of the prescription.	497
Upon receipt of an application for a temporary removable	498
windshield placard, presentation of the prescription from the	499
applicant's health care provider, and payment of a service fee	500
equal to the amount specified in division (D) or (G) of section	501
4503.10 of the Revised Code, the registrar or deputy registrar	502
shall issue to the applicant a temporary removable windshield	503
placard.	504

(b) Any active-duty member of the armed forces of the United	505
States, including the reserve components of the armed forces and	506
the national guard, who has an illness or injury that limits or	507
impairs the ability to walk may apply to the registrar or a deputy	508
registrar for a temporary removable windshield placard. With the	509
application, the person shall present evidence of the person's	510
active-duty status and the illness or injury. Evidence of the	511
illness or injury may include a current department of defense	512
convalescent leave statement, any department of defense document	513
indicating that the person currently has an ill or injured	514
casualty status or has limited duties, or a prescription from any	515
health care provider prescribing the placard for the applicant.	516
Upon receipt of the application and the necessary evidence, the	517
registrar or deputy registrar shall issue the applicant the	518
temporary removable windshield placard without the payment of any	519
service fee.	520

(2) The temporary removable windshield placard shall be of	521
the same size and form as the removable windshield placard, shall	522
be printed in white on a red-colored background, and shall bear	523
the word "temporary" in letters of such size as the registrar	524
shall prescribe. A temporary removable windshield placard also	525
shall bear the date of expiration on the front and back of the	526
placard, and shall be valid until expired, surrendered, or	527
revoked, but in no case shall such a placard be valid for a period	528
of less than sixty days. The registrar shall provide the	529
application form and shall determine the information to be	530
included on it, provided that the registrar shall not require a	531
health care provider's prescription or certification for a person	532
applying under division (E)(1)(b) of this section. The registrar	533
also shall determine the material of which the temporary removable	534
windshield placard is to be made and any other information to be	535
included on the placard and shall adopt rules relating to the	536
issuance, expiration, surrender, revocation, and proper display of	537
those placards. Any temporary removable windshield placard issued	538
after October 14, 1999, shall be manufactured in a manner that	539
allows for the expiration date of the placard to be indicated on	540
it through the punching, drilling, boring, or creation by any	541
other means of holes in the placard.	542

(F) If an applicant for a removable windshield placard is a	543
veteran of the armed forces of the United States whose disability,	544
as defined in division (A)(1) of this section, is	545
service-connected, the registrar or deputy registrar, upon receipt	546
of the application, presentation of a signed statement from the	547
applicant's health care provider certifying the applicant's	548
disability, and presentation of such documentary evidence from the	549
department of veterans affairs that the disability of the	550
applicant meets at least one of the criteria identified in	551
division (A)(1) of this section and is service-connected as the	552
registrar may require by rule, but without the payment of any	553
service fee, shall issue the applicant a removable windshield	554
placard that is valid until expired, surrendered, or revoked.	555

(G) Upon a conviction of a violation of division (I), (J), or	556
(K) of this section, the court shall report the conviction, and	557
send the placard or parking card, if available, to the registrar,	558
who thereupon shall revoke the privilege of using the placard or	559
parking card and send notice in writing to the placardholder or	560
cardholder at that holder's last known address as shown in the	561
records of the bureau, and the placardholder or cardholder shall	562
return the placard or card if not previously surrendered to the	563
court, to the registrar within ten days following mailing of the	564
notice.	565

Whenever a person to whom a removable windshield placard or	566
parking card has been issued moves to another state, the person	567
shall surrender the placard or card to the registrar; and whenever	568
an organization to which a placard or card has been issued changes	569
its place of operation to another state, the organization shall	570
surrender the placard or card to the registrar.	571

(H) Subject to division (F) of section 4511.69 of the Revised	572
Code, the operator of a motor vehicle displaying a removable	573
windshield placard, temporary removable windshield placard,	574
parking card, or the special license plates authorized by this	575
section is entitled to park the motor vehicle in any special	576
parking location reserved for persons with disabilities that limit	577
or impair the ability to walk, also known as handicapped parking	578
spaces or disability parking spaces.	579

(I) No person or organization that is not eligible under	580
division (B) or (E) of this section shall willfully and falsely	581
represent that the person or organization is so eligible.	582

No person or organization shall display license plates issued	583
under this section unless the license plates have been issued for	584
the vehicle on which they are displayed and are valid.	585

(J) No person or organization to which a removable windshield	586
placard or temporary removable windshield placard is issued shall	587
do either of the following:	588

(1) Display or permit the display of the placard on any motor	589
vehicle when having reasonable cause to believe the motor vehicle	590
is being used in connection with an activity that does not include	591
providing transportation for persons with disabilities that limit	592
or impair the ability to walk;	593

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

594

(K)(1) No person or organization to which a parking card is	595
issued shall do either of the following:	596

(a) Display or permit the display of the parking card on any	597
motor vehicle when having reasonable cause to believe the motor	598
vehicle is being used in connection with an activity that does not	599
include providing transportation for a person with a disability;	600

(b) Refuse to return or surrender the parking card, when	601
required.	602

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

603

(a) "Person with a disability" means any person who has lost	604
the use of one or both legs or one or both arms, who is blind,	605
deaf, or so severely disabled as to be unable to move about	606
without the aid of crutches or a wheelchair, or whose mobility is	607
restricted by a permanent cardiovascular, pulmonary, or other	608
disabling condition.	609

(b) "Organization" means any private organization or	610
corporation, or any governmental board, agency, department,	611
division, or office, that, as part of its business or program,	612
transports persons with disabilities on a regular basis in a motor	613
vehicle that has not been altered for the purposes of providing it	614
with special equipment for use by persons with disabilities.	615

(L) If a removable windshield placard, temporary removable	616
windshield placard, or parking card is lost, destroyed, or	617
mutilated, the placardholder or cardholder may obtain a duplicate	618
by doing both of the following:	619

(1) Furnishing suitable proof of the loss, destruction, or	620
mutilation to the registrar;	621

(2) Paying a service fee equal to the amount specified in	622
division (D) or (G) of section 4503.10 of the Revised Code.	623

Any placardholder or cardholder who loses a placard or card	624
and, after obtaining a duplicate, finds the original, immediately	625
shall surrender the original placard or card to the registrar.	626

(M) The registrar shall pay all fees received under this	627
section for the issuance of removable windshield placards or	628
temporary removable windshield placards or duplicate removable	629
windshield placards or cards into the state treasury to the credit	630
of the state bureau of motor vehicles fund created in section	631
4501.25 of the Revised Code.	632

(N) In addition to the fees collected under this section, the	633
registrar or deputy registrar shall ask each person applying for a	634
removable windshield placard or temporary removable windshield	635
placard or duplicate removable windshield placard or license plate	636
issued under this section, whether the person wishes to make a	637
two-dollar voluntary contribution to support rehabilitation	638
employment services. The registrar shall transmit the	639
contributions received under this division to the treasurer of	640
state for deposit into the rehabilitation employment fund, which	641
is hereby created in the state treasury. A deputy registrar shall	642
transmit the contributions received under this division to the	643
registrar in the time and manner prescribed by the registrar. The	644
contributions in the fund shall be used by the opportunities for	645
Ohioans with disabilities agency to purchase services related to	646
vocational evaluation, work adjustment, personal adjustment, job	647
placement, job coaching, and community-based assessment from	648
accredited community rehabilitation program facilities.	649

(O) For purposes of enforcing this section, every peace	650
officer is deemed to be an agent of the registrar. Any peace	651
officer or any authorized employee of the bureau of motor vehicles	652
who, in the performance of duties authorized by law, becomes aware	653
of a person whose placard or parking card has been revoked	654
pursuant to this section, may confiscate that placard or parking	655
card and return it to the registrar. The registrar shall prescribe	656
any forms used by law enforcement agencies in administering this	657
section.	658

No peace officer, law enforcement agency employing a peace	659
officer, or political subdivision or governmental agency employing	660
a peace officer, and no employee of the bureau is liable in a	661
civil action for damages or loss to persons arising out of the	662
performance of any duty required or authorized by this section. As	663
used in this division, "peace officer" has the same meaning as in	664
division (B) of section 2935.01 of the Revised Code.	665

(P) All applications for registration of motor vehicles,	666
removable windshield placards, and temporary removable windshield	667
placards issued under this section, all renewal notices for such	668
items, and all other publications issued by the bureau that relate	669
to this section shall set forth the criminal penalties that may be	670
imposed upon a person who violates any provision relating to	671
special license plates issued under this section, the parking of	672
vehicles displaying such license plates, and the issuance,	673
procurement, use, and display of removable windshield placards and	674
temporary removable windshield placards issued under this section.	675

(Q) Whoever violates this section is guilty of a misdemeanor	676
of the fourth degree.	677

Sec. 4729.01. As used in this chapter:

678

(A) "Pharmacy," except when used in a context that refers to	679
the practice of pharmacy, means any area, room, rooms, place of	680
business, department, or portion of any of the foregoing where the	681
practice of pharmacy is conducted.	682

(B) "Practice of pharmacy" means providing pharmacist care	683
requiring specialized knowledge, judgment, and skill derived from	684
the principles of biological, chemical, behavioral, social,	685
pharmaceutical, and clinical sciences. As used in this division,	686
"pharmacist care" includes the following:	687

(1) Interpreting prescriptions;

688

(2) Dispensing drugs and drug therapy related devices;

689

(3) Compounding drugs;

690

(4) Counseling individuals with regard to their drug therapy,	691
recommending drug therapy related devices, and assisting in the	692
selection of drugs and appliances for treatment of common diseases	693
and injuries and providing instruction in the proper use of the	694
drugs and appliances;	695

(5) Performing drug regimen reviews with individuals by	696
discussing all of the drugs that the individual is taking and	697
explaining the interactions of the drugs;	698

(6) Performing drug utilization reviews with licensed health	699
professionals authorized to prescribe drugs when the pharmacist	700
determines that an individual with a prescription has a drug	701
regimen that warrants additional discussion with the prescriber;	702

(7) Advising an individual and the health care professionals	703
treating an individual with regard to the individual's drug	704
therapy;	705

(8) Acting pursuant to a consult agreement with a physician	706
authorized under Chapter 4731. of the Revised Code to practice	707
medicine and surgery or osteopathic medicine and surgery, if an	708
agreement has been established with the physician;	709

(9) Engaging in the administration of immunizations to the	710
extent authorized by section 4729.41 of the Revised Code.	711

(C) "Compounding" means the preparation, mixing, assembling,	712
packaging, and labeling of one or more drugs in any of the	713
following circumstances:	714

(1) Pursuant to a prescription issued by a licensed health	715
professional authorized to prescribe drugs;	716

(2) Pursuant to the modification of a prescription made in	717
accordance with a consult agreement;	718

(3) As an incident to research, teaching activities, or	719
chemical analysis;	720

(4) In anticipation of orders for drugs pursuant to	721
prescriptions, based on routine, regularly observed dispensing	722
patterns;	723

(5) Pursuant to a request made by a licensed health	724
professional authorized to prescribe drugs for a drug that is to	725
be used by the professional for the purpose of direct	726
administration to patients in the course of the professional's	727
practice, if all of the following apply:	728

(a) At the time the request is made, the drug is not	729
commercially available regardless of the reason that the drug is	730
not available, including the absence of a manufacturer for the	731
drug or the lack of a readily available supply of the drug from a	732
manufacturer.	733

(b) A limited quantity of the drug is compounded and provided	734
to the professional.	735

(c) The drug is compounded and provided to the professional	736
as an occasional exception to the normal practice of dispensing	737
drugs pursuant to patient-specific prescriptions.	738

(D) "Consult agreement" means an agreement to manage an	739
individual's drug therapy that has been entered into by a	740
pharmacist and a physician authorized under Chapter 4731. of the	741
Revised Code to practice medicine and surgery or osteopathic	742
medicine and surgery.	743

(E) "Drug" means:

744

(1) Any article recognized in the United States pharmacopoeia	745
and national formulary, or any supplement to them, intended for	746
use in the diagnosis, cure, mitigation, treatment, or prevention	747
of disease in humans or animals;	748

(2) Any other article intended for use in the diagnosis,	749
cure, mitigation, treatment, or prevention of disease in humans or	750
animals;	751

(3) Any article, other than food, intended to affect the	752
structure or any function of the body of humans or animals;	753

(4) Any article intended for use as a component of any	754
article specified in division (E)(1), (2), or (3) of this section;	755
but does not include devices or their components, parts, or	756
accessories.	757

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

758

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

759

(a) Under the "Federal Food, Drug, and Cosmetic Act," 52	760
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is	761
required to bear a label containing the legend "Caution: Federal	762
law prohibits dispensing without prescription" or "Caution:	763
Federal law restricts this drug to use by or on the order of a	764
licensed veterinarian" or any similar restrictive statement, or	765
the drug may be dispensed only upon a prescription;	766

(b) Under Chapter 3715. or 3719. of the Revised Code, the	767
drug may be dispensed only upon a prescription.	768

(2) Any drug that contains a schedule V controlled substance	769
and that is exempt from Chapter 3719. of the Revised Code or to	770
which that chapter does not apply;	771

(3) Any drug intended for administration by injection into	772
the human body other than through a natural orifice of the human	773
body.	774

(G) "Federal drug abuse control laws" has the same meaning as	775
in section 3719.01 of the Revised Code.	776

(H) "Prescription" means a written, electronic, or oral order	777
for drugs or combinations or mixtures of drugs to be used by a	778
particular individual or for treating a particular animal, issued	779
by a licensed health professional authorized to prescribe drugs.	780

(I) "Licensed health professional authorized to prescribe	781
drugs" or "prescriber" means an individual who is authorized by	782
law to prescribe drugs or dangerous drugs or drug therapy related	783
devices in the course of the individual's professional practice,	784
including only the following:	785

(1) A dentist licensed under Chapter 4715. of the Revised	786
Code;	787

(2) A clinical nurse specialist, certified nurse-midwife, or	788
certified nurse practitioner who holds a certificate to prescribe	789
issued under section 4723.48 of the Revised Code;	790

(3) An optometrist licensed under Chapter 4725. of the	791
Revised Code to practice optometry under a therapeutic	792
pharmaceutical agents certificate;	793

(4) A physician authorized under Chapter 4731. of the Revised	794
Code to practice medicine and surgery, osteopathic medicine and	795
surgery, or podiatric medicine and surgery;	796

(5) A physician assistant who holds a certificate to	797
prescribevalid prescriber number issued under Chapter 4730. of	798
the Revised Codeby the state medical board and has been granted	799
physician-delegated prescriptive authority;	800

(6) A veterinarian licensed under Chapter 4741. of the	801
Revised Code.	802

(J) "Sale" and "sell" include delivery, transfer, barter,	803
exchange, or gift, or offer therefor, and each such transaction	804
made by any person, whether as principal proprietor, agent, or	805
employee.	806

(K) "Wholesale sale" and "sale at wholesale" mean any sale in	807
which the purpose of the purchaser is to resell the article	808
purchased or received by the purchaser.	809

(L) "Retail sale" and "sale at retail" mean any sale other	810
than a wholesale sale or sale at wholesale.	811

(M) "Retail seller" means any person that sells any dangerous	812
drug to consumers without assuming control over and responsibility	813
for its administration. Mere advice or instructions regarding	814
administration do not constitute control or establish	815
responsibility.	816

(N) "Price information" means the price charged for a	817
prescription for a particular drug product and, in an easily	818
understandable manner, all of the following:	819

(1) The proprietary name of the drug product;

820

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

821

(3) The strength of the drug product if the product contains	822
a single active ingredient or if the drug product contains more	823
than one active ingredient and a relevant strength can be	824
associated with the product without indicating each active	825
ingredient. The established name and quantity of each active	826
ingredient are required if such a relevant strength cannot be so	827
associated with a drug product containing more than one	828
ingredient.	829

(4) The dosage form;

830

(5) The price charged for a specific quantity of the drug	831
product. The stated price shall include all charges to the	832
consumer, including, but not limited to, the cost of the drug	833
product, professional fees, handling fees, if any, and a statement	834
identifying professional services routinely furnished by the	835
pharmacy. Any mailing fees and delivery fees may be stated	836
separately without repetition. The information shall not be false	837
or misleading.	838

(O) "Wholesale distributor of dangerous drugs" means a person	839
engaged in the sale of dangerous drugs at wholesale and includes	840
any agent or employee of such a person authorized by the person to	841
engage in the sale of dangerous drugs at wholesale.	842

(P) "Manufacturer of dangerous drugs" means a person, other	843
than a pharmacist, who manufactures dangerous drugs and who is	844
engaged in the sale of those dangerous drugs within this state.	845

(Q) "Terminal distributor of dangerous drugs" means a person	846
who is engaged in the sale of dangerous drugs at retail, or any	847
person, other than a wholesale distributor or a pharmacist, who	848
has possession, custody, or control of dangerous drugs for any	849
purpose other than for that person's own use and consumption, and	850
includes pharmacies, hospitals, nursing homes, and laboratories	851
and all other persons who procure dangerous drugs for sale or	852
other distribution by or under the supervision of a pharmacist or	853
licensed health professional authorized to prescribe drugs.	854

(R) "Promote to the public" means disseminating a	855
representation to the public in any manner or by any means, other	856
than by labeling, for the purpose of inducing, or that is likely	857
to induce, directly or indirectly, the purchase of a dangerous	858
drug at retail.	859

(S) "Person" includes any individual, partnership,	860
association, limited liability company, or corporation, the state,	861
any political subdivision of the state, and any district,	862
department, or agency of the state or its political subdivisions.	863

(T) "Finished dosage form" has the same meaning as in section	864
3715.01 of the Revised Code.	865

(U) "Generically equivalent drug" has the same meaning as in	866
section 3715.01 of the Revised Code.	867

(V) "Animal shelter" means a facility operated by a humane	868
society or any society organized under Chapter 1717. of the	869
Revised Code or a dog pound operated pursuant to Chapter 955. of	870
the Revised Code.	871

(W) "Food" has the same meaning as in section 3715.01 of the	872
Revised Code.	873

(X) "Pain management clinic" has the same meaning as in	874
section 4731.054 of the Revised Code.	875

Sec. 4730.01.  As used in this chapter:

876

(A) "Physician assistant" means a skilled person qualified by	877
academic and clinical training to provide services to patients as	878
a physician assistant under the supervision, control, and	879
direction of one or more physicians who are responsible for the	880
physician assistant's performance.	881

(B) "Physician" means an individual who is authorized under	882
Chapter 4731. of the Revised Code to practice medicine and	883
surgery, osteopathic medicine and surgery, or podiatric medicine	884
and surgery.	885

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

886

(1) A hospital registered with the department of health under	887
section 3701.07 of the Revised Code;	888

(2) A health care facility licensed by the department of	889
health under section 3702.30 of the Revised Code;	890

(3) Any other facility designated by the state medical board	891
in rules adopted pursuant to division (B)(2) of section 4730.08 of	892
the Revised Code.	893

(D) "Special services" means the health care services that a	894
physician assistant may be authorized to provide under the special	895
services portion of a physician supervisory plan approved under	896
section 4730.17 of the Revised Code(C) "Service" means a medical	897
activity that requires training in the diagnosis, treatment, or	898
prevention of disease.	899

Sec. 4730.02.  (A) No person shall hold that person out as	900
being able to function as a physician assistant, or use any words	901
or letters indicating or implying that the person is a physician	902
assistant, without a current, valid certificatelicense to	903
practice as a physician assistant issued pursuant to this chapter.	904

(B) No person shall practice as a physician assistant without	905
the supervision, control, and direction of a physician.	906

(C) No person shall act as the supervising physician of a	907
physician assistant without having received the state medical	908
board's approval of a supervision agreement entered into with the	909
physician assistant.	910

(D) No person shall practice as a physician assistant without	911
having entered into a supervision agreement that has been approved	912
by the state medical boardwith a supervising physician under	913
section 4730.19 of the Revised Code.	914

(E)(D) No person acting as the supervising physician of a	915
physician assistant shall authorize the physician assistant to	916
perform services if either of the following is the case:	917

(1) The services are not within the physician's normal course	918
of practice and expertise;	919

(2) The services are inconsistent with the physician	920
supervisory plan approved by the state medical board for the	921
supervising physician orsupervision agreement under which the	922
physician assistant is being supervised, including, if applicable,	923
the policies of the health care facility in which the physician	924
and physician assistant are practicing.	925

(F) No person shall practice as a physician assistant in a	926
manner that is inconsistent with the physician supervisory plan	927
approved for the physician who is responsible for supervising the	928
physician assistant or the policies of the health care facility in	929
which the physician assistant is practicing.	930

(G)(E) No person practicing as a physician assistant shall	931
prescribe any drug or device to perform or induce an abortion, or	932
otherwise perform or induce an abortion.	933

(H)(F) No person shall advertise to provide services as a	934
physician assistant, except for the purpose of seeking employment.	935

(I)(G) No person practicing as a physician assistant shall	936
fail to wear at all times when on duty a placard, plate, or other	937
device identifying that person as a "physician assistant."	938

Sec. 4730.03.  Nothing in this chapter shall:

939

(A) Be construed to affect or interfere with the performance	940
of duties of any medical personnel who are either of the	941
following:	942

(1) In active service in the army, navy, coast guard, marine	943
corps, air force, public health service, or marine hospital	944
service of the United States while so serving;	945

(2) Employed by the veterans administration of the United	946
States while so employed;.	947

(B) Prevent any person from performing any of the services a	948
physician assistant may be authorized to perform, if the person's	949
professional scope of practice established under any other chapter	950
of the Revised Code authorizes the person to perform the services;	951

(C) Prohibit a physician from delegating responsibilities to	952
any nurse or other qualified person who does not hold a	953
certificatelicense to practice as a physician assistant, provided	954
that the individual does not hold the individual out to be a	955
physician assistant;	956

(D) Be construed as authorizing a physician assistant	957
independently to order or direct the execution of procedures or	958
techniques by a registered nurse or licensed practical nurse in	959
the care and treatment of a person in any setting, except to the	960
extent that the physician assistant is authorized to do so by the	961
physician supervisory plan approved under section 4730.17 of the	962
Revised Code for thea physician who is responsible for	963
supervising the physician assistant orand, if applicable, the	964
policies of the health care facility in which the physician	965
assistant is practicing;	966

(E) Authorize a physician assistant to engage in the practice	967
of optometry, except to the extent that the physician assistant is	968
authorized by a supervising physician acting in accordance with	969
this chapter to perform routine visual screening, provide medical	970
care prior to or following eye surgery, or assist in the care of	971
diseases of the eye;	972

(F) Be construed as authorizing a physician assistant to	973
prescribe any drug or device to perform or induce an abortion, or	974
as otherwise authorizing a physician assistant to perform or	975
induce an abortion.	976

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

977

(1) "Disaster" means any imminent threat or actual occurrence	978
of widespread or severe damage to or loss of property, personal	979
hardship or injury, or loss of life that results from any natural	980
phenomenon or act of a human.	981

(2) "Emergency" means an occurrence or event that poses an	982
imminent threat to the health or life of a human.	983

(B) Nothing in this chapter prohibits any of the following	984
individuals from providing medical care, to the extent the	985
individual is able, in response to a need for medical care	986
precipitated by a disaster or emergency:	987

(1) An individual who holds a certificatelicense to practice	988
as a physician assistant issued under this chapter;	989

(2) An individual licensed or authorized to practice as a	990
physician assistant in another state;	991

(3) An individual credentialed or employed as a physician	992
assistant by an agency, office, or other instrumentality of the	993
federal government.	994

(C) For purposes of the medical care provided by a physician	995
assistant pursuant to division (B)(1) of this section, both of the	996
following apply notwithstanding any supervision requirement of	997
this chapter to the contrary:	998

(1) The physician who supervises the physician assistant	999
pursuant to a physician supervisory plan approved by the state	1000
medical board under section 4730.17 of the Revised Code	1001
supervision agreement entered into under section 4730.19 of the	1002
Revised Code is not required to meet the supervision requirements	1003
established under this chapter.	1004

(2) The physician designated as the medical director of the	1005
disaster or emergency may supervise the medical care provided by	1006
the physician assistant.	1007

Sec. 4730.06.  (A) The physician assistant policy committee	1008
of the state medical board shall review, and shall submit to the	1009
board recommendations concerning, all of the following:	1010

(1) Requirements for issuance of certificatesissuing a	1011
license to practice as a physician assistant, including the	1012
educational requirements that must be met to receive a certificate	1013
license to practice;	1014

(2) Existing and proposed rules pertaining to the practice of	1015
physician assistants, the supervisory relationship between	1016
physician assistants and supervising physicians, and the	1017
administration and enforcement of this chapter;	1018

(3) In accordance with section 4730.38 of the Revised Code,	1019
physician-delegated prescriptive authority for physician	1020
assistants and proposed changes to the physician assistant	1021
formulary the board adopts pursuant to division (A)(1) of section	1022
4730.39 of the Revised Code;	1023

(4) Application procedures and forms for certificatesa	1024
license to practice as a physician assistant, physician	1025
supervisory plans, and supervision agreements;	1026

(5) Fees required by this chapter for issuance and renewal of	1027
certificatesa license to practice as a physician assistant;	1028

(6) Criteria to be included in applications submitted to the	1029
board for approval of physician supervisory plans, including	1030
criteria to be included in applications for approval to delegate	1031
to physician assistants the performance of special services;	1032

(7) Criteria to be included in supervision agreements	1033
submitted to the board for approval and renewal of the board's	1034
approval;	1035

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

1036

(B) In addition to the matters that are required to be	1037
reviewed under division (A) of this section, the committee may	1038
review, and may submit to the board recommendations concerning,	1039
either or both of the following:	1040

(1) Qualityquality assurance activities to be performed by a	1041
supervising physician and physician assistant under a quality	1042
assurance system established pursuant to division (F) of section	1043
4730.21 of the Revised Code;	1044

(2) The development and approval of one or more model	1045
physician supervisory plans and one or more models for a special	1046
services portion of the one or more model physician supervisory	1047
plans. The committee may submit recommendations for model plans	1048
that reflect various medical specialties.	1049

(C) The board shall take into consideration all	1050
recommendations submitted by the committee. Not later than ninety	1051
days after receiving a recommendation from the committee, the	1052
board shall approve or disapprove the recommendation and notify	1053
the committee of its decision. If a recommendation is disapproved,	1054
the board shall inform the committee of its reasons for making	1055
that decision. The committee may resubmit the recommendation after	1056
addressing the concerns expressed by the board and modifying the	1057
disapproved recommendation accordingly. Not later than ninety days	1058
after receiving a resubmitted recommendation, the board shall	1059
approve or disapprove the recommendation. There is no limit on the	1060
number of times the committee may resubmit a recommendation for	1061
consideration by the board.	1062

(D)(1) Except as provided in division (D)(2) of this section,	1063
the board may not take action regarding a matter that is subject	1064
to the committee's review under division (A) or (B) of this	1065
section unless the committee has made a recommendation to the	1066
board concerning the matter.	1067

(2) If the board submits to the committee a request for a	1068
recommendation regarding a matter that is subject to the	1069
committee's review under division (A) or (B) of this section, and	1070
the committee does not provide a recommendation before the	1071
sixty-first day after the request is submitted, the board may take	1072
action regarding the matter without a recommendation.	1073

Sec. 4730.08. (A) A certificatelicense to practice as a	1074
physician assistant issued under this chapter authorizes the	1075
holder to practice as a physician assistant, subject to all of the	1076
followingas follows:	1077

(1) The physician assistant shall practice only under the	1078
supervision, control, and direction of a physician with whom the	1079
physician assistant has entered into a supervision agreement	1080
approved by the state medical board under section 4730.174730.19	1081
of the Revised Code.	1082

(2) When the physician assistant practices outside a health	1083
care facility, theThe physician assistant shall practice in	1084
accordance with the physician supervisory plan approved under	1085
section 4730.17 of the Revised Code forsupervision agreement	1086
entered into with the physician who is responsible for supervising	1087
the physician assistant.	1088

(3) When the physician assistant practices within a health	1089
care facility, the physician assistant shall practice in	1090
accordance with, including, if applicable, the policies of the	1091
health care facility in which the physician assistant is	1092
practicing.	1093

(B) For purposes of division (A) of this section and all	1094
other provisions of this chapter pertaining to the practice of a	1095
physician assistant under the policies of a health care facility,	1096
both of the following apply:	1097

(1) A physician who is supervising a physician assistant	1098
within a health care facility may impose limitations on the	1099
physician assistant's practice that are in addition to any	1100
limitations applicable under the policies of the facility.	1101

(2) The state medical board may, subject to division (D) of	1102
section 4730.06 of the Revised Code, adopt rules designating	1103
facilities to be included as health care facilities that are in	1104
addition to the facilities specified in divisions (C)(B)(1) and	1105
(2) of section 4730.01 of the Revised Code. TheAny rules adopted	1106
shall be adopted in accordance with Chapter 119. of the Revised	1107
Code.	1108

Sec. 4730.10.  (A) An individual seeking a certificate	1109
license to practice as a physician assistant shall file with the	1110
state medical board a written application on a form prescribed and	1111
supplied by the board. The application shall include all of the	1112
following:	1113

(1) The applicant's name, residential address, business	1114
address, if any, and social security number;	1115

(2) Satisfactory proof that the applicant meets the age and	1116
moral character requirements specified in divisions (A)(1) and (2)	1117
of section 4730.11 of the Revised Code;	1118

(3) Satisfactory proof that the applicant meets either the	1119
educational requirements specified in division (B)(1) or (2) of	1120
section 4730.11 of the Revised Code or the educational or other	1121
applicable requirements specified in division (C)(1), (2), or (3)	1122
of that section;	1123

(4) Any other information the board requires.

1124

(B) At the time of making application for a certificate	1125
license to practice, the applicant shall pay the board a fee of	1126
twofive hundred dollars, no part of which shall be returned. The	1127
fees shall be deposited in accordance with section 4731.24 of the	1128
Revised Code.	1129

Sec. 4730.101. In addition to any other eligibility	1130
requirement set forth in this chapter, each applicant for a	1131
certificatelicense to practice as a physician assistant shall	1132
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1133
state medical board shall not grant to an applicant a certificate	1134
license to practice as a physician assistant unless the board, in	1135
its discretion, decides that the results of the criminal records	1136
check do not make the applicant ineligible for a certificate	1137
license issued pursuant to section 4730.12 of the Revised Code.	1138

Sec. 4730.11.  (A) To be eligible to receive a certificate	1139
license to practice as a physician assistant, all of the following	1140
apply to an applicant:	1141

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

1142

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

1143

(3) The applicant shall hold current certification by the	1144
national commission on certification of physician assistants or a	1145
successor organization that is recognized by the state medical	1146
board.	1147

(4) The applicant shall meet either of the following	1148
requirements:	1149

(a) The educational requirements specified in division (B)(1)	1150
or (2) of this section;	1151

(b) The educational or other applicable requirements	1152
specified in division (C)(1), (2), or (3) of this section.	1153

(B) Effective January 1, 2008, for purposes of division	1154
(A)(4)(a) of this section, an applicant shall meet either of the	1155
following educational requirements:	1156

(1) The applicant shall hold a master's or higher degree	1157
obtained from a program accredited by the accreditation review	1158
commission on education for the physician assistant or a	1159
predecessor or successor organization recognized by the board.	1160

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

1161

(a) A degree other than a master's or higher degree obtained	1162
from a program accredited by the accreditation review commission	1163
on education for the physician assistant or a predecessor or	1164
successor organization recognized by the board;	1165

(b) A master's or higher degree in a course of study with	1166
clinical relevance to the practice of physician assistants and	1167
obtained from a program accredited by a regional or specialized	1168
and professional accrediting agency recognized by the council for	1169
higher education accreditation.	1170

(C) For purposes of division (A)(4)(b) of this section, an	1171
applicant shall present evidence satisfactory to the board of	1172
meeting one of the following requirements in lieu of meeting the	1173
educational requirements specified in division (B)(1) or (2) of	1174
this section:	1175

(1) The applicant shall hold a current, valid license or	1176
other form of authority to practice as a physician assistant	1177
issued by another jurisdiction prior to January 1, 2008and have	1178
been in active practice in any jurisdiction throughout the	1179
three-year period immediately preceding the date of application.	1180

(2) The applicant shall hold a degree obtained as a result of	1181
being enrolled on January 1, 2008, in a program in this state that	1182
was accredited by the accreditation review commission on education	1183
for the physician assistant but did not grant a master's or higher	1184
degree to individuals enrolled in the program on that date, and	1185
completing the program on or before December 31, 2009.	1186

(3) The applicant shall meet both of the following	1187
educational and military experience requirements:	1188

(a) Holdhold a degree obtained from a program accredited by	1189
the accreditation review commission on education for the physician	1190
assistant;and meet either of the following experience	1191
requirements:	1192

(b)(a) Have experience practicing as a physician assistant	1193
for at least three consecutive years while on active duty, with	1194
evidence of service under honorable conditions, in any of the	1195
armed forces of the United States or the national guard of any	1196
state, including any experience attained while practicing as a	1197
physician assistant at a health care facility or clinic operated	1198
by the United States department of veterans affairs.	1199

(b) Have experience practicing as a physician assistant for	1200
at least three consecutive years while on active duty in the	1201
United States public health service commissioned corps.	1202

(D) Unless the applicant had prescriptive authority while	1203
practicing as a physician assistant in another jurisdiction, in	1204
the military, or in the public health service, the license issued	1205
to an applicant who does not hold a master's or higher degree	1206
described in division (B) of this section does not authorize the	1207
holder to exercise physician-delegated prescriptive authority and	1208
the state medical board shall not issue a prescriber number.	1209

(E)(1) This section does not require an individual to obtain	1210
a master's or higher degree as a condition of retaining or	1211
renewing a certificatelicense to practice as a physician	1212
assistant if the individual received the certificatelicense	1213
without holding a master's or higher degree as provided in either	1214
of the following, but the license will not include the authority	1215
to exercise physician-delegated prescriptive authority:	1216

(1)(a) Before the educational requirements specified in	1217
division (B)(1) or (2) of this section became effective January 1,	1218
2008;	1219

(2)(b) By meeting the educational or other applicable	1220
requirements specified in division (C)(1), (2), or (3) of this	1221
section.	1222

(2) On application of an individual who received a license	1223
without having first obtained a master's or higher degree, the	1224
board shall grant the individual the authority to exercise	1225
physician-delegated prescriptive authority if the individual	1226
provides evidence satisfactory to the board of having obtained a	1227
master's or higher degree from either of the following:	1228

(a) A program accredited by the accreditation review	1229
commission on education for the physician assistant or a	1230
predecessor or successor organization recognized by the board;	1231

(b) A program accredited by a regional or specialized and	1232
professional accrediting agency recognized by the council for	1233
higher education accreditation, if the degree is in a course of	1234
study with clinical relevance to the practice of physician	1235
assistants.	1236

Sec. 4730.111. A physician assistant whose certification by	1237
the national commission on certification of physician assistants	1238
or a successor organization recognized by the state medical board	1239
is suspended or revoked shall give notice of that occurrence to	1240
the board not later than fourteen days after the physician	1241
assistant receives notice of the change in certification status. A	1242
physician assistant who fails to renew the certification shall	1243
notify the board not later than fourteen days after the	1244
certification expires.	1245

Sec. 4730.12.  (A) The state medical board shall review all	1246
applicationseach application received under section 4730.10 of	1247
the Revised Code for certificatesa license to practice as a	1248
physician assistant. Not later than sixty days after receiving a	1249
complete application, the board shall determine whether an	1250
applicant meets the requirements to receive a certificatelicense	1251
to practice, as specified in section 4730.11 of the Revised Code.	1252
An affirmative vote of not fewer than six members of the board is	1253
required to determine that an applicant meets the requirements to	1254
receive a certificatelicense to practice as a physician	1255
assistant.	1256

(B) If the board determines that an applicant meets the	1257
requirements to receive the certificatelicense, the secretary of	1258
the board shall register the applicant as a physician assistant	1259
and issue to the applicant a certificatelicense to practice as a	1260
physician assistant.	1261

(C)(1) During the first five hundred hours of the first one	1262
thousand hours of a physician assistant's exercise of	1263
physician-delegated prescriptive authority, the physician	1264
assistant shall exercise that authority only under the on-site	1265
supervision of a supervising physician.	1266

(2) A physician assistant shall be excused from the	1267
requirement established in division (C)(1) of this section if	1268
prior to application the physician assistant held a prescriber	1269
number, or the equivalent, from another jurisdiction and practiced	1270
with prescriptive authority in that jurisdiction for not less than	1271
one thousand hours.	1272

(3) A record of a physician assistant's completion of the	1273
hours required by division (C)(1) of this section or issuance of a	1274
prescriber number or equivalent by another jurisdiction shall be	1275
kept on file by a supervising physician of the physician	1276
assistant. The record shall be made available for inspection by	1277
the board.	1278

Sec. 4730.13.  Upon application by the holder of a	1279
certificatelicense to practice as a physician assistant, the	1280
state medical board shall issue a duplicate certificatelicense to	1281
replace one that is missing or damaged, to reflect a name change,	1282
or for any other reasonable cause. The fee for a duplicate	1283
certificatelicense shall be thirty-five dollars. All fees	1284
collected under this section shall be deposited in accordance with	1285
section 4731.24 of the Revised Code.	1286

Sec. 4730.14.  (A) A certificatelicense to practice as a	1287
physician assistant shall expire biennially and may be renewed in	1288
accordance with this section. A person seeking to renew a	1289
certificatelicense to practice as a physician assistant shall, on	1290
or before the thirty-first day of January of each even-numbered	1291
year, apply for renewal of the certificate. The state medical	1292
board shall send renewal notices at least one month prior to the	1293
expiration date.	1294

Applications shall be submitted to the board on forms the	1295
board shall prescribe and furnish. Each application shall be	1296
accompanied by a biennial renewal fee of onetwo hundred dollars.	1297
The board shall deposit the fees in accordance with section	1298
4731.24 of the Revised Code.	1299

The applicant shall report any criminal offense that	1300
constitutes grounds for refusing to issue a certificatelicense to	1301
practice under section 4730.25 of the Revised Code to which the	1302
applicant has pleaded guilty, of which the applicant has been	1303
found guilty, or for which the applicant has been found eligible	1304
for intervention in lieu of conviction, since last signing an	1305
application for a certificatelicense to practice as a physician	1306
assistant.	1307

(B) To be eligible for renewal, a physician assistant shall	1308
certify to the board both of the following:	1309

(1) That the physician assistant has maintained certification	1310
by the national commission on certification of physician	1311
assistants or a successor organization that is recognized by the	1312
board by meeting the standards to hold current certification from	1313
the commission or its successor, including completion of	1314
continuing medical education requirements and passing periodic	1315
recertification examinations;	1316

(2) Except as provided in division (F) of this section and	1317
section 5903.12 of the Revised Code, that the physician assistant	1318
has completed during the current certification period not less	1319
than one hundred hours of continuing medical education acceptable	1320
to the board.	1321

(C) The board shall adopt rules in accordance with Chapter	1322
119. of the Revised Code specifying the types of continuing	1323
medical education that must be completed to fulfill the board's	1324
requirements under division (B)(2) of this section. Except when	1325
additional continuing medical education is required to renew a	1326
certificate to prescribe, as specified in section 4730.49 of the	1327
Revised Code, the board shall not adopt rules that require a	1328
physician assistant to complete in any certification period more	1329
than one hundred hours of continuing medical education acceptable	1330
to the board. In fulfilling the board's requirements, a physician	1331
assistant may use continuing medical education courses or programs	1332
completed to maintain certification by the national commission on	1333
certification of physician assistants or a successor organization	1334
that is recognized by the board if the standards for acceptable	1335
courses and programs of the commission or its successor are at	1336
least equivalent to the standards established by the board.	1337

(D) If an applicant submits a complete renewal application	1338
and qualifies for renewal pursuant to division (B) of this	1339
section, the board shall issue to the applicant a renewed	1340
certificatelicense to practice as a physician assistant.	1341

(E) The board may require a random sample of physician	1342
assistants to submit materials documenting certification by the	1343
national commission on certification of physician assistants or a	1344
successor organization that is recognized by the board and	1345
completion of the required number of hours of continuing medical	1346
education.	1347

(F) The board shall provide for pro rata reductions by month	1348
of the number of hours of continuing education that must be	1349
completed for individuals who are in their first certification	1350
period, who have been disabled due to illness or accident, or who	1351
have been absent from the country. The board shall adopt rules, in	1352
accordance with Chapter 119. of the Revised Code, as necessary to	1353
implement this division.	1354

(G)(1) A certificatelicense to practice that is not renewed	1355
on or before its expiration date is automatically suspended on its	1356
expiration date. Continued practice after suspension of the	1357
certificate shall be considered as practicing in violation of	1358
division (A) of section 4730.02 of the Revised Code.	1359

(2) If a certificatelicense has been suspended pursuant to	1360
division (G)(1) of this section for two years or less, it may be	1361
reinstated. The board shall reinstate a certificatelicense	1362
suspended for failure to renew upon an applicant's submission of a	1363
renewal application, the biennial renewal fee, and any applicable	1364
monetary penalty.	1365

If a certificatelicense has been suspended pursuant to	1366
division (G)(1) of this divisionsection for more than two years,	1367
it may be restored. In accordance with section 4730.28 of the	1368
Revised Code, the board may restore a certificatelicense	1369
suspended for failure to renew upon an applicant's submission of a	1370
restoration application, the biennial renewal fee, and any	1371
applicable monetary penalty and compliance with sections 4776.01	1372
to 4776.04 of the Revised Code. The board shall not restore to an	1373
applicant a certificatelicense to practice as a physician	1374
assistant unless the board, in its discretion, decides that the	1375
results of the criminal records check do not make the applicant	1376
ineligible for a certificatelicense issued pursuant to section	1377
4730.12 of the Revised Code.	1378

The penalty for reinstatement shall be fifty dollars and the	1379
penalty for restoration shall be one hundred dollars. The board	1380
shall deposit penalties in accordance with section 4731.24 of the	1381
Revised Code.	1382

(H) If an individual certifies that the individual has	1383
completed the number of hours and type of continuing medical	1384
education required for renewal or reinstatement of a certificate	1385
license to practice as a physician assistant, and the board finds	1386
through a random sample conducted under division (E) of this	1387
section or through any other means that the individual did not	1388
complete the requisite continuing medical education, the board may	1389
impose a civil penalty of not more than five thousand dollars. The	1390
board's finding shall be made pursuant to an adjudication under	1391
Chapter 119. of the Revised Code and by an affirmative vote of not	1392
fewer than six members.	1393

A civil penalty imposed under this division may be in	1394
addition to or in lieu of any other action the board may take	1395
under section 4730.25 of the Revised Code. The board shall deposit	1396
civil penalties in accordance with section 4731.24 of the Revised	1397
Code.	1398

Sec. 4730.19.  (A) For a supervision agreement to be approved	1399
by the board, all of the following apply:	1400

(1)Before initiating supervision of one or more physician	1401
assistants licensed under this chapter, a physician shall enter	1402
into a supervision agreement with each physician assistant who	1403
will be supervised. The supervision agreement shall specify that	1404
the physician agrees to supervise the physician assistant and the	1405
physician assistant agrees to practice in accordance with the	1406
conditions specified in the physician supervisory plan approved	1407
for that physician or the policies of the health care facility in	1408
which the supervising physician and physician assistant are	1409
practicingunder that physician's supervision.	1410

(2) The agreement shall clearly state that the supervising	1411
physician is legally responsible and assumes legal liability for	1412
the services provided by the physician assistant. The agreement	1413
shall be signed by the physician and the physician assistant.	1414

(3) The physician assistant shall hold a current certificate	1415
to practice as a physician assistant.	1416

(4) If a physician supervisory plan applies to the physician	1417
assistant's practice, the physician shall hold an approved	1418
physician supervisory plan.	1419

(5) If the physician intends to grant physician-delegated	1420
prescriptive authority to a physician assistant, the physician	1421
assistant shall hold a certificate to prescribe issued under this	1422
chapter.	1423

(6) If the physician holds approval of more than one	1424
physician supervisory plan, the agreement shall specify the plan	1425
under which the physician assistant will practice.	1426

(B) The board shall review each application received. If the	1427
board finds that the requirements specified in division (A) of	1428
this section have been met and the applicant has paid the fee	1429
specified in section 4730.18 of the Revised Code, the board shall	1430
approve the supervision agreement and notify the supervising	1431
physician of the board's approval. If physician-delegated	1432
prescriptive authority will be granted to more than one physician	1433
assistant under the supervision agreement, the board shall specify	1434
in the notice that its approval is specific to each physician	1435
assistant. The board shall provide notice of its approval of a	1436
supervision agreement not later than thirty days after the board	1437
receives a complete application for approval.A supervision	1438
agreement shall include either or both of the following:	1439

(1) If a physician assistant will practice within a health	1440
care facility, the agreement shall include terms that require the	1441
physician assistant to practice in accordance with the policies of	1442
the health care facility.	1443

(2) If a physician assistant will practice outside a health	1444
care facility, the agreement shall include terms that specify all	1445
of the following:	1446

(a) The responsibilities to be fulfilled by the physician in	1447
supervising the physician assistant;	1448

(b) The responsibilities to be fulfilled by the physician	1449
assistant when performing services under the physician's	1450
supervision;	1451

(c) Any limitations on the responsibilities to be fulfilled	1452
by the physician assistant;	1453

(d) The circumstances under which the physician assistant is	1454
required to refer a patient to the supervising physician;	1455

(e) If the supervising physician chooses to designate	1456
physicians to act as alternate supervising physicians, the names,	1457
business addresses, and business telephone numbers of the	1458
physicians who have agreed to act in that capacity.	1459

(C) After a supervision agreement is approved, a physician	1460
may apply to the board for approval to initiate supervision of a	1461
physician assistant who is not listed on the agreement. There is	1462
no fee for applying for the addition of a physician assistant to a	1463
supervision agreement.	1464

To receive the board's approval of the addition to the	1465
supervision agreement, the physician assistant shall hold a	1466
current certificate to practice as a physician assistant. If the	1467
physician intends to grant physician-delegated prescriptive	1468
authority to the physician assistant, the physician assistant	1469
shall hold a current certificate to prescribe. If these	1470
requirements are met, the board shall notify the physician of its	1471
approval of the addition to the supervision agreement. The board	1472
shall provide notice of its approval not later than thirty days	1473
after the board receives a complete application for approval(1)	1474
The supervising physician shall submit a copy of each supervision	1475
agreement to the board. The board shall review the supervision	1476
agreement for compliance with this section and for verification of	1477
licensure of the supervising physician and the physician	1478
assistant. All of the following apply to the submission and review	1479
process:	1480

(a) Before the end of the fifth business day after the day it	1481
receives a supervision agreement, the board shall notify the	1482
supervising physician of any way that the agreement fails to	1483
comply with this section and section 4730.20 of the Revised Code.	1484
If the board does not give timely notice, the agreement becomes	1485
effective at the end of the fifth business day after the day the	1486
board receives the agreement.	1487

A supervision agreement expires two years after the day it	1488
takes effect. The agreement may be renewed.	1489

(b) If a physician receives a notice under division (C)(1)(a)	1490
of this section, the physician may revise the supervision	1491
agreement and resubmit the agreement to the board. The board shall	1492
review the agreement as provided in division (C)(1)(a) of this	1493
section.	1494

(c) Until July 1, 2015, each initial or renewed agreement	1495
submitted under division (C)(1)(a) of this section shall be	1496
accompanied by a fee of twenty-five dollars. No fee is required	1497
for submitting a revised agreement under division (C)(1)(b) of	1498
this section or for submitting an amendment under division (C)(2)	1499
of this section. Fees shall be deposited in accordance with	1500
section 4731.24 of the Revised Code.	1501

(2) Before expiration, a supervision agreement may be amended	1502
by including one or more additional physician assistants. An	1503
amendment to a supervision agreement shall be submitted to the	1504
board for review in the manner provided for review of an initial	1505
agreement under division (C)(1) of this section. The amendment	1506
does not alter the agreement's expiration date.	1507

(D) A supervision agreement shall be kept in the records	1508
maintained by the supervising physician who entered into the	1509
agreement.	1510

(E) The board shall post on its internet web site a copy of	1511
each supervision agreement that goes into effect under this	1512
section. The posting shall be updated to reflect any amendment,	1513
renewal, expiration, or termination of the agreement. Each posting	1514
or update shall be made not later than five business days after	1515
the effective date of the action for which the posting or update	1516
is required.	1517

Sec. 4730.20. (A) A physician assistant licensed under this	1518
chapter may perform any of the following services authorized by	1519
the supervising physician that are part of the supervising	1520
physician's normal course of practice and expertise:	1521

(1) Ordering diagnostic, therapeutic, and other medical	1522
services;	1523

(2) Prescribing physical therapy or referring a patient to a	1524
physical therapist for physical therapy;	1525

(3) Ordering occupational therapy or referring a patient to	1526
an occupational therapist for occupational therapy;	1527

(4) Taking any action that may be taken by an attending	1528
physician under sections 2133.21 to 2133.26 of the Revised Code,	1529
as specified in section 2133.211 of the Revised Code;	1530

(5) Determining and pronouncing death in accordance with	1531
section 4730.202 of the Revised Code;	1532

(6) Assisting in surgery;

1533

(7) If the physician assistant holds a valid prescriber	1534
number issued by the state medical board and has been granted	1535
physician-delegated prescriptive authority, ordering, prescribing,	1536
personally furnishing, and administering drugs and medical	1537
devices;	1538

(8) Any other services that are part of the supervising	1539
physician's normal course of practice and expertise.	1540

(B) The services a physician assistant may provide under the	1541
policies of a health care facility are limited to the services the	1542
facility authorizes the physician assistant to provide for the	1543
facility. A facility shall not authorize a physician assistant to	1544
perform a service that is prohibited under this chapter. A	1545
physician who is supervising a physician assistant within a health	1546
care facility may impose limitations on the physician assistant's	1547
practice that are in addition to any limitations applicable under	1548
the policies of the facility.	1549

Sec. 4730.091.        Sec. 4730.201. (A) As used in this section, "local	1550
anesthesia" means the injection of a drug or combination of drugs	1551
to stop or prevent a painful sensation in a circumscribed area of	1552
the body where a painful procedure is to be performed. "Local	1553
anesthesia" includes only local infiltration anesthesia, digital	1554
blocks, and pudendal blocks.	1555

(B) A physician assistant may administer, monitor, or	1556
maintain local anesthesia as a component of a procedure the	1557
physician assistant is performing or as a separate service when	1558
the procedure requiring local anesthesia is to be performed by the	1559
physician assistant's supervising physician or another person. A	1560
physician assistant shall not administer, monitor, or maintain any	1561
other form of anesthesia, including regional anesthesia or any	1562
systemic sedation, regardless of whether the physician assistant	1563
is practicing under a physician supervisory plan or the policies	1564
of a health care facility.	1565

Sec. 4730.092.        Sec. 4730.202.  (A) A physician assistant may	1566
determine and pronounce an individual's death, but only if the	1567
individual's respiratory and circulatory functions are not being	1568
artificially sustained and, at the time the determination and	1569
pronouncement of death is made, either or both of the following	1570
apply:	1571

(1) The individual was receiving care in one of the	1572
following:	1573

(a) A nursing home licensed under section 3721.02 of the	1574
Revised Code or by a political subdivision under section 3721.09	1575
of the Revised Code;	1576

(b) A residential care facility or home for the aging	1577
licensed under Chapter 3721. of the Revised Code;	1578

(c) A county home or district home operated pursuant to	1579
Chapter 5155. of the Revised Code;	1580

(d) A residential facility licensed under section 5123.19 of	1581
the Revised Code.	1582

(2) The physician assistant is providing or supervising the	1583
individual's care through a hospice care program licensed under	1584
Chapter 3712. of the Revised Code or any other entity that	1585
provides palliative care.	1586

(B) If a physician assistant determines and pronounces an	1587
individual's death, the physician assistant shall comply with both	1588
of the following:	1589

(1) The physician assistant shall not complete any portion of	1590
the individual's death certificate.	1591

(2) The physician assistant shall notify the individual's	1592
attending physician of the determination and pronouncement of	1593
death in order for the physician to fulfill the physician's duties	1594
under section 3705.16 of the Revised Code. The physician assistant	1595
shall provide the notification within a period of time that is	1596
reasonable but not later than twenty-four hours following the	1597
determination and pronouncement of the individual's death.	1598

Sec. 4730.203. (A) Acting pursuant to a supervision	1599
agreement, a physician assistant may delegate performance of a	1600
task to implement a patient's plan of care or, if the conditions	1601
in division (C) of this section are met, may delegate	1602
administration of a drug. Delegation may be to a person who has	1603
successfully completed a training and competency evaluation	1604
program approved by the director of health under section 3721.31	1605
of the Revised Code or, subject to division (D) of section 4730.03	1606
of the Revised Code, any other person. The physician assistant	1607
must be physically present at the location where the task is	1608
performed or the drug administered.	1609

(B) Prior to delegating a task or administration of a drug, a	1610
physician assistant shall determine that the task or drug is	1611
appropriate for the patient and the person to whom the delegation	1612
is to be made may safely perform the task or administer the drug.	1613

(C) A physician assistant may delegate administration of a	1614
drug only if all of the following conditions are met:	1615

(1) The physician assistant has physician-delegated	1616
prescriptive authority to administer the drug.	1617

(2) The drug is included in the formulary established under	1618
division (A) of section 4730.39 of the Revised Code.	1619

(3) The drug is not a controlled substance.

1620

(4) The drug will not be administered intravenously.

1621

(5) The drug will not be administered in a hospital inpatient	1622
care unit, as defined in section 3727.50 of the Revised Code; a	1623
hospital emergency department; a freestanding emergency	1624
department; or an ambulatory surgical facility licensed under	1625
section 3702.30 of the Revised Code.	1626

(D) A person not otherwise authorized to administer a drug or	1627
perform a specific task may do so in accordance with a physician	1628
assistant's delegation under this section.	1629

Sec. 4730.21.  (A) The supervising physician of a physician	1630
assistant exercises supervision, control, and direction of the	1631
physician assistant. InA physician assistant may practice in any	1632
setting within which the supervising physician has supervision,	1633
control, and direction of the physician assistant.	1634

In supervising a physician assistant, all of the following	1635
apply:	1636

(1) Except when the on-site supervision requirements	1637
specified in section 4730.45 of the Revised Code are applicable,	1638
theThe supervising physician shall be continuously available for	1639
direct communication with the physician assistant by either of the	1640
following means:	1641

(a) Being physically present at the location where the	1642
physician assistant is practicing;	1643

(b) Being readily available to the physician assistant	1644
through some means of telecommunication and being in a location	1645
that under normal conditions is not more than sixty minutes travel	1646
time awaya distance from the location where the physician	1647
assistant is practicing that reasonably allows the physician to	1648
assure proper care of patients.	1649

(2) The supervising physician shall personally and actively	1650
review the physician assistant's professional activities.	1651

(3) The supervising physician shall regularly review the	1652
condition of the patients treated by the physician assistant.	1653

(4) The supervising physician shall ensure that the quality	1654
assurance system established pursuant to division (F) of this	1655
section is implemented and maintained.	1656

(5)(4) The supervising physician shall regularly perform any	1657
other reviews of the physician assistant that the supervising	1658
physician considers necessary.	1659

(B) A physician may enter into supervision agreements with	1660
any number of physician assistants, but the physician may not	1661
supervise more than twothree physician assistants at any one	1662
time. A physician assistant may enter into supervision agreements	1663
with any number of supervising physicians, but when practicing	1664
under the supervision of a particular physician, the physician	1665
assistant's scope of practice is subject to the limitations of the	1666
physician supervisory plan that has been approved under section	1667
4730.17 of the Revised Code for that physician or the policies of	1668
the health care facility in which the physician and physician	1669
assistant are practicing.	1670

(C) A supervising physician may authorize a physician	1671
assistant to perform a service only if the service is authorized	1672
under the physician supervisory plan approved for that physician	1673
or the policies of the health care facility in which the physician	1674
and physician assistant are practicing. A supervising physician	1675
may authorize a physician assistant to perform a service only if	1676
the physician is satisfied that the physician assistant is capable	1677
of competently performing the service. A supervising physician	1678
shall not authorize a physician assistant to perform any service	1679
that is beyond the physician's or the physician assistant's normal	1680
course of practice and expertise.	1681

(D)(1) A supervising physician may authorize a physician	1682
assistant to practice in any setting within which the supervising	1683
physician routinely practices.	1684

(2) In the case of a health care facility with an emergency	1685
department, if the supervising physician routinely practices in	1686
the facility's emergency department, the supervising physician	1687
shall provide on-site supervision of the physician assistant when	1688
the physician assistant practices in the emergency department. If	1689
the supervising physician does not routinely practice in the	1690
facility's emergency department, the supervising physician may, on	1691
occasion, send the physician assistant to the facility's emergency	1692
department to assess and manage a patient. In supervising the	1693
physician assistant's assessment and management of the patient,	1694
the supervising physician shall determine the appropriate level of	1695
supervision in compliance with the requirements of divisions (A)	1696
to (C) of this section, except that the supervising physician must	1697
be available to go to the emergency department to personally	1698
evaluate the patient and, at the request of an emergency	1699
department physician, the supervising physician shall go to the	1700
emergency department to personally evaluate the patient.	1701

(E) Each time a physician assistant writes a medical order,	1702
including prescriptions written in the exercise of	1703
physician-delegated prescriptive authority, the physician	1704
assistant shall sign the form on which the order is written and	1705
record on the form the time and date that the order is written.	1706
When writing a medical order, the physician assistant shall	1707
clearly identify the physician under whose supervision the	1708
physician assistant is authorized to write the order.	1709

(F)(1) The supervising physician of a physician assistant	1710
shall establish a quality assurance system to be used in	1711
supervising the physician assistant. All or part of the system may	1712
be applied to other physician assistants who are supervised by the	1713
supervising physician. The system shall be developed in	1714
consultation with each physician assistant to be supervised by the	1715
physician.	1716

(2) In establishing the quality assurance system, the	1717
supervising physician shall describe a process to be used for all	1718
of the following:	1719

(a) Routine review by the physician of selected patient	1720
record entries made by the physician assistant and selected	1721
medical orders issued by the physician assistant;	1722

(b) Discussion of complex cases;

1723

(c) Discussion of new medical developments relevant to the	1724
practice of the physician and physician assistant;	1725

(d) Performance of any quality assurance activities required	1726
in rules adopted by state medical board pursuant to any	1727
recommendations made by the physician assistant policy committee	1728
under section 4730.06 of the Revised Code;	1729

(e) Performance of any other quality assurance activities	1730
that the supervising physician considers to be appropriate.	1731

(3) The supervising physician and physician assistant shall	1732
keep records of their quality assurance activities. On request,	1733
the records shall be made available to the board and any health	1734
care professional working with the supervising physician and	1735
physician assistant.	1736

Sec. 4730.22.  (A) AWhen performing authorized services, a	1737
physician assistant acts as the agent of the physician assistant's	1738
supervising physician. The supervising physician is legally	1739
responsible and assumes legal liability for the services provided	1740
by the physician assistant.	1741

The physician is not responsible or liable for any services	1742
provided by the physician assistant after their supervision	1743
agreement expires or is terminated.	1744

(B) When a health care facility permits physician assistants	1745
to practice within that facility or any other health care facility	1746
under its control, the health care facility shall make reasonable	1747
efforts to explain to each individual who may work with a	1748
particular physician assistant the scope of that physician	1749
assistant's practice within the facility. The appropriate	1750
credentialing body within the health care facility shall provide,	1751
on request of an individual practicing in the facility with a	1752
physician assistant, a copy of the facility's policies on the	1753
practice of physician assistants within the facility and a copy of	1754
each physician supervisory plan and supervision agreement	1755
applicable to the physician assistant.	1756

An individual who follows the orders of a physician assistant	1757
practicing in a health care facility is not subject to	1758
disciplinary action by any administrative agency that governs that	1759
individual's conduct and is not liable in damages in a civil	1760
action for injury, death, or loss to person or property resulting	1761
from the individual's acts or omissions in the performance of any	1762
procedure, treatment, or other health care service if the	1763
individual reasonably believed that the physician assistant was	1764
acting within the proper scope of practice or was relaying medical	1765
orders from a supervising physician, unless the act or omission	1766
constitutes willful or wanton misconduct.	1767

Sec. 4730.25.  (A) The state medical board, by an affirmative	1768
vote of not fewer than six members, may revoke or may refuse to	1769
grant a certificatelicense to practice as a physician assistant	1770
or a certificate to prescribe to a person found by the board to	1771
have committed fraud, misrepresentation, or deception in applying	1772
for or securing the certificatelicense.	1773

(B) The board, by an affirmative vote of not fewer than six	1774
members, shall, to the extent permitted by law, limit, revoke, or	1775
suspend an individual's certificatelicense to practice as a	1776
physician assistant or certificate to prescribeprescriber number,	1777
refuse to issue a certificatelicense to an applicant, refuse to	1778
reinstate a certificatelicense, or reprimand or place on	1779
probation the holder of a certificatelicense for any of the	1780
following reasons:	1781

(1) Failure to practice in accordance with the conditions	1782
under which the supervising physician's supervision agreement with	1783
the physician assistant was approved, including the requirement	1784
that when practicing under a particular supervising physician, the	1785
physician assistant must practice only according to the physician	1786
supervisory plan the board approved for that physician or,	1787
including, if applicable, the policies of the health care facility	1788
in which the supervising physician and physician assistant are	1789
practicing;	1790

(2) Failure to comply with the requirements of this chapter,	1791
Chapter 4731. of the Revised Code, or any rules adopted by the	1792
board;	1793

(3) Violating or attempting to violate, directly or	1794
indirectly, or assisting in or abetting the violation of, or	1795
conspiring to violate, any provision of this chapter, Chapter	1796
4731. of the Revised Code, or the rules adopted by the board;	1797

(4) Inability to practice according to acceptable and	1798
prevailing standards of care by reason of mental illness or	1799
physical illness, including physical deterioration that adversely	1800
affects cognitive, motor, or perceptive skills;	1801

(5) Impairment of ability to practice according to acceptable	1802
and prevailing standards of care because of habitual or excessive	1803
use or abuse of drugs, alcohol, or other substances that impair	1804
ability to practice;	1805

(6) Administering drugs for purposes other than those	1806
authorized under this chapter;	1807

(7) Willfully betraying a professional confidence;

1808

(8) Making a false, fraudulent, deceptive, or misleading	1809
statement in soliciting or advertising for employment as a	1810
physician assistant; in connection with any solicitation or	1811
advertisement for patients; in relation to the practice of	1812
medicine as it pertains to physician assistants; or in securing or	1813
attempting to secure a certificatelicense to practice as a	1814
physician assistant, a certificate to prescribe, or approval of a	1815
supervision agreement.	1816

As used in this division, "false, fraudulent, deceptive, or	1817
misleading statement" means a statement that includes a	1818
misrepresentation of fact, is likely to mislead or deceive because	1819
of a failure to disclose material facts, is intended or is likely	1820
to create false or unjustified expectations of favorable results,	1821
or includes representations or implications that in reasonable	1822
probability will cause an ordinarily prudent person to	1823
misunderstand or be deceived.	1824

(9) Representing, with the purpose of obtaining compensation	1825
or other advantage personally or for any other person, that an	1826
incurable disease or injury, or other incurable condition, can be	1827
permanently cured;	1828

(10) The obtaining of, or attempting to obtain, money or	1829
anything of value by fraudulent misrepresentations in the course	1830
of practice;	1831

(11) A plea of guilty to, a judicial finding of guilt of, or	1832
a judicial finding of eligibility for intervention in lieu of	1833
conviction for, a felony;	1834

(12) Commission of an act that constitutes a felony in this	1835
state, regardless of the jurisdiction in which the act was	1836
committed;	1837

(13) A plea of guilty to, a judicial finding of guilt of, or	1838
a judicial finding of eligibility for intervention in lieu of	1839
conviction for, a misdemeanor committed in the course of practice;	1840

(14) A plea of guilty to, a judicial finding of guilt of, or	1841
a judicial finding of eligibility for intervention in lieu of	1842
conviction for, a misdemeanor involving moral turpitude;	1843

(15) Commission of an act in the course of practice that	1844
constitutes a misdemeanor in this state, regardless of the	1845
jurisdiction in which the act was committed;	1846

(16) Commission of an act involving moral turpitude that	1847
constitutes a misdemeanor in this state, regardless of the	1848
jurisdiction in which the act was committed;	1849

(17) A plea of guilty to, a judicial finding of guilt of, or	1850
a judicial finding of eligibility for intervention in lieu of	1851
conviction for violating any state or federal law regulating the	1852
possession, distribution, or use of any drug, including	1853
trafficking in drugs;	1854

(18) Any of the following actions taken by the state agency	1855
responsible for regulating the practice of physician assistants in	1856
another state, for any reason other than the nonpayment of fees:	1857
the limitation, revocation, or suspension of an individual's	1858
license to practice; acceptance of an individual's license	1859
surrender; denial of a license; refusal to renew or reinstate a	1860
license; imposition of probation; or issuance of an order of	1861
censure or other reprimand;	1862

(19) A departure from, or failure to conform to, minimal	1863
standards of care of similar physician assistants under the same	1864
or similar circumstances, regardless of whether actual injury to a	1865
patient is established;	1866

(20) Violation of the conditions placed by the board on a	1867
certificatelicense to practice as a physician assistant, a	1868
certificate to prescribe, a physician supervisory plan, or	1869
supervision agreement;	1870

(21) Failure to use universal blood and body fluid	1871
precautions established by rules adopted under section 4731.051 of	1872
the Revised Code;	1873

(22) Failure to cooperate in an investigation conducted by	1874
the board under section 4730.26 of the Revised Code, including	1875
failure to comply with a subpoena or order issued by the board or	1876
failure to answer truthfully a question presented by the board at	1877
a deposition or in written interrogatories, except that failure to	1878
cooperate with an investigation shall not constitute grounds for	1879
discipline under this section if a court of competent jurisdiction	1880
has issued an order that either quashes a subpoena or permits the	1881
individual to withhold the testimony or evidence in issue;	1882

(23) Assisting suicide as defined in section 3795.01 of the	1883
Revised Code;	1884

(24) Prescribing any drug or device to perform or induce an	1885
abortion, or otherwise performing or inducing an abortion;	1886

(25) Having certification by the national commission on	1887
certification of physician assistants or a successor organization	1888
expire, lapse, or be suspended or revoked.	1889

(C) Disciplinary actions taken by the board under divisions	1890
(A) and (B) of this section shall be taken pursuant to an	1891
adjudication under Chapter 119. of the Revised Code, except that	1892
in lieu of an adjudication, the board may enter into a consent	1893
agreement with a physician assistant or applicant to resolve an	1894
allegation of a violation of this chapter or any rule adopted	1895
under it. A consent agreement, when ratified by an affirmative	1896
vote of not fewer than six members of the board, shall constitute	1897
the findings and order of the board with respect to the matter	1898
addressed in the agreement. If the board refuses to ratify a	1899
consent agreement, the admissions and findings contained in the	1900
consent agreement shall be of no force or effect.	1901

(D) For purposes of divisions (B)(12), (15), and (16) of this	1902
section, the commission of the act may be established by a finding	1903
by the board, pursuant to an adjudication under Chapter 119. of	1904
the Revised Code, that the applicant or certificatelicense holder	1905
committed the act in question. The board shall have no	1906
jurisdiction under these divisions in cases where the trial court	1907
renders a final judgment in the certificatelicense holder's favor	1908
and that judgment is based upon an adjudication on the merits. The	1909
board shall have jurisdiction under these divisions in cases where	1910
the trial court issues an order of dismissal upon technical or	1911
procedural grounds.	1912

(E) The sealing of conviction records by any court shall have	1913
no effect upon a prior board order entered under the provisions of	1914
this section or upon the board's jurisdiction to take action under	1915
the provisions of this section if, based upon a plea of guilty, a	1916
judicial finding of guilt, or a judicial finding of eligibility	1917
for intervention in lieu of conviction, the board issued a notice	1918
of opportunity for a hearing prior to the court's order to seal	1919
the records. The board shall not be required to seal, destroy,	1920
redact, or otherwise modify its records to reflect the court's	1921
sealing of conviction records.	1922

(F) For purposes of this division, any individual who holds a	1923
certificatelicense issued under this chapter, or applies for a	1924
certificatelicense issued under this chapter, shall be deemed to	1925
have given consent to submit to a mental or physical examination	1926
when directed to do so in writing by the board and to have waived	1927
all objections to the admissibility of testimony or examination	1928
reports that constitute a privileged communication.	1929

(1) In enforcing division (B)(4) of this section, the board,	1930
upon a showing of a possible violation, may compel any individual	1931
who holds a certificatelicense issued under this chapter or who	1932
has applied for a certificatelicense pursuant to this chapter to	1933
submit to a mental examination, physical examination, including an	1934
HIV test, or both a mental and physical examination. The expense	1935
of the examination is the responsibility of the individual	1936
compelled to be examined. Failure to submit to a mental or	1937
physical examination or consent to an HIV test ordered by the	1938
board constitutes an admission of the allegations against the	1939
individual unless the failure is due to circumstances beyond the	1940
individual's control, and a default and final order may be entered	1941
without the taking of testimony or presentation of evidence. If	1942
the board finds a physician assistant unable to practice because	1943
of the reasons set forth in division (B)(4) of this section, the	1944
board shall require the physician assistant to submit to care,	1945
counseling, or treatment by physicians approved or designated by	1946
the board, as a condition for an initial, continued, reinstated,	1947
or renewed certificatelicense. An individual affected under this	1948
division shall be afforded an opportunity to demonstrate to the	1949
board the ability to resume practicing in compliance with	1950
acceptable and prevailing standards of care.	1951

(2) For purposes of division (B)(5) of this section, if the	1952
board has reason to believe that any individual who holds a	1953
certificatelicense issued under this chapter or any applicant for	1954
a certificatelicense suffers such impairment, the board may	1955
compel the individual to submit to a mental or physical	1956
examination, or both. The expense of the examination is the	1957
responsibility of the individual compelled to be examined. Any	1958
mental or physical examination required under this division shall	1959
be undertaken by a treatment provider or physician qualified to	1960
conduct such examination and chosen by the board.	1961

Failure to submit to a mental or physical examination ordered	1962
by the board constitutes an admission of the allegations against	1963
the individual unless the failure is due to circumstances beyond	1964
the individual's control, and a default and final order may be	1965
entered without the taking of testimony or presentation of	1966
evidence. If the board determines that the individual's ability to	1967
practice is impaired, the board shall suspend the individual's	1968
certificatelicense or deny the individual's application and shall	1969
require the individual, as a condition for initial, continued,	1970
reinstated, or renewed certificationlicensure to practice or	1971
prescribe, to submit to treatment.	1972

Before being eligible to apply for reinstatement of a	1973
certificatelicense suspended under this division, the physician	1974
assistant shall demonstrate to the board the ability to resume	1975
practice or prescribing in compliance with acceptable and	1976
prevailing standards of care. The demonstration shall include the	1977
following:	1978

(a) Certification from a treatment provider approved under	1979
section 4731.25 of the Revised Code that the individual has	1980
successfully completed any required inpatient treatment;	1981

(b) Evidence of continuing full compliance with an aftercare	1982
contract or consent agreement;	1983

(c) Two written reports indicating that the individual's	1984
ability to practice has been assessed and that the individual has	1985
been found capable of practicing according to acceptable and	1986
prevailing standards of care. The reports shall be made by	1987
individuals or providers approved by the board for making such	1988
assessments and shall describe the basis for their determination.	1989

The board may reinstate a certificatelicense suspended under	1990
this division after such demonstration and after the individual	1991
has entered into a written consent agreement.	1992

When the impaired physician assistant resumes practice or	1993
prescribing, the board shall require continued monitoring of the	1994
physician assistant. The monitoring shall include compliance with	1995
the written consent agreement entered into before reinstatement or	1996
with conditions imposed by board order after a hearing, and, upon	1997
termination of the consent agreement, submission to the board for	1998
at least two years of annual written progress reports made under	1999
penalty of falsification stating whether the physician assistant	2000
has maintained sobriety.	2001

(G) If the secretary and supervising member determine that	2002
there is clear and convincing evidence that a physician assistant	2003
has violated division (B) of this section and that the	2004
individual's continued practice or prescribing presents a danger	2005
of immediate and serious harm to the public, they may recommend	2006
that the board suspend the individual's certificatelicense to	2007
practice or authority to prescribe without a prior hearing.	2008
Written allegations shall be prepared for consideration by the	2009
board.	2010

The board, upon review of those allegations and by an	2011
affirmative vote of not fewer than six of its members, excluding	2012
the secretary and supervising member, may suspend a certificate	2013
license without a prior hearing. A telephone conference call may	2014
be utilized for reviewing the allegations and taking the vote on	2015
the summary suspension.	2016

The board shall issue a written order of suspension by	2017
certified mail or in person in accordance with section 119.07 of	2018
the Revised Code. The order shall not be subject to suspension by	2019
the court during pendency of any appeal filed under section 119.12	2020
of the Revised Code. If the physician assistant requests an	2021
adjudicatory hearing by the board, the date set for the hearing	2022
shall be within fifteen days, but not earlier than seven days,	2023
after the physician assistant requests the hearing, unless	2024
otherwise agreed to by both the board and the certificatelicense	2025
holder.	2026

A summary suspension imposed under this division shall remain	2027
in effect, unless reversed on appeal, until a final adjudicative	2028
order issued by the board pursuant to this section and Chapter	2029
119. of the Revised Code becomes effective. The board shall issue	2030
its final adjudicative order within sixty days after completion of	2031
its hearing. Failure to issue the order within sixty days shall	2032
result in dissolution of the summary suspension order, but shall	2033
not invalidate any subsequent, final adjudicative order.	2034

(H) If the board takes action under division (B)(11), (13),	2035
or (14) of this section, and the judicial finding of guilt, guilty	2036
plea, or judicial finding of eligibility for intervention in lieu	2037
of conviction is overturned on appeal, upon exhaustion of the	2038
criminal appeal, a petition for reconsideration of the order may	2039
be filed with the board along with appropriate court documents.	2040
Upon receipt of a petition and supporting court documents, the	2041
board shall reinstate the certificatelicense to practice or	2042
prescribe. The board may then hold an adjudication under Chapter	2043
119. of the Revised Code to determine whether the individual	2044
committed the act in question. Notice of opportunity for hearing	2045
shall be given in accordance with Chapter 119. of the Revised	2046
Code. If the board finds, pursuant to an adjudication held under	2047
this division, that the individual committed the act, or if no	2048
hearing is requested, it may order any of the sanctions identified	2049
under division (B) of this section.	2050

(I) The certificatelicense to practice issued to a physician	2051
assistant and the physician assistant's practice in this state are	2052
automatically suspended as of the date the physician assistant	2053
pleads guilty to, is found by a judge or jury to be guilty of, or	2054
is subject to a judicial finding of eligibility for intervention	2055
in lieu of conviction in this state or treatment or intervention	2056
in lieu of conviction in another state for any of the following	2057
criminal offenses in this state or a substantially equivalent	2058
criminal offense in another jurisdiction: aggravated murder,	2059
murder, voluntary manslaughter, felonious assault, kidnapping,	2060
rape, sexual battery, gross sexual imposition, aggravated arson,	2061
aggravated robbery, or aggravated burglary. Continued practice	2062
after the suspension shall be considered practicing without a	2063
certificatelicense.	2064

The board shall notify the individual subject to the	2065
suspension by certified mail or in person in accordance with	2066
section 119.07 of the Revised Code. If an individual whose	2067
certificatelicense is suspended under this division fails to make	2068
a timely request for an adjudication under Chapter 119. of the	2069
Revised Code, the board shall enter a final order permanently	2070
revoking the individual's certificatelicense to practice.	2071

(J) In any instance in which the board is required by Chapter	2072
119. of the Revised Code to give notice of opportunity for hearing	2073
and the individual subject to the notice does not timely request a	2074
hearing in accordance with section 119.07 of the Revised Code, the	2075
board is not required to hold a hearing, but may adopt, by an	2076
affirmative vote of not fewer than six of its members, a final	2077
order that contains the board's findings. In that final order, the	2078
board may order any of the sanctions identified under division (A)	2079
or (B) of this section.	2080

(K) Any action taken by the board under division (B) of this	2081
section resulting in a suspension shall be accompanied by a	2082
written statement of the conditions under which the physician	2083
assistant's certificatelicense may be reinstated. The board shall	2084
adopt rules in accordance with Chapter 119. of the Revised Code	2085
governing conditions to be imposed for reinstatement.	2086
Reinstatement of a certificatelicense suspended pursuant to	2087
division (B) of this section requires an affirmative vote of not	2088
fewer than six members of the board.	2089

(L) When the board refuses to grant to an applicant a	2090
certificatelicense to practice as a physician assistant or a	2091
certificate to prescribe, revokes an individual's certificate	2092
license, refuses to issue a certificatelicense, or refuses to	2093
reinstate an individual's certificatelicense, the board may	2094
specify that its action is permanent. An individual subject to a	2095
permanent action taken by the board is forever thereafter	2096
ineligible to hold the certificatelicense and the board shall not	2097
accept an application for reinstatement of the certificatelicense	2098
or for issuance of a new certificatelicense.	2099

(M) Notwithstanding any other provision of the Revised Code,	2100
all of the following apply:	2101

(1) The surrender of a certificatelicense issued under this	2102
chapter is not effective unless or until accepted by the board.	2103
Reinstatement of a certificatelicense surrendered to the board	2104
requires an affirmative vote of not fewer than six members of the	2105
board.	2106

(2) An application made under this chapter for a certificate,	2107
approval of a physician supervisory plan, or approval of a	2108
supervision agreementlicense may not be withdrawn without	2109
approval of the board.	2110

(3) Failure by an individual to renew a certificatelicense	2111
in accordance with section 4730.14 or section 4730.48 of the	2112
Revised Code shall not remove or limit the board's jurisdiction to	2113
take disciplinary action under this section against the	2114
individual.	2115

Sec. 4730.251.  On receipt of a notice pursuant to section	2116
3123.43 of the Revised Code, the state medical board shall comply	2117
with sections 3123.41 to 3123.50 of the Revised Code and any	2118
applicable rules adopted under section 3123.63 of the Revised Code	2119
with respect to a certificatelicense to practice as a physician	2120
assistant issued pursuant to this chapter.	2121

Sec. 4730.27.  If the state medical board has reason to	2122
believe that any person who has been granted a certificatelicense	2123
under this chapter to practice as a physician assistant is	2124
mentally ill or mentally incompetent, it may file in the probate	2125
court of the county in which such person has a legal residence an	2126
affidavit in the form prescribed in section 5122.11 of the Revised	2127
Code and signed by the board secretary or a member of the	2128
secretary's staff, whereupon the same proceedings shall be had as	2129
provided in Chapter 5122. of the Revised Code. The attorney	2130
general may represent the board in any proceeding commenced under	2131
this section.	2132

If a physician assistant is adjudged by a probate court to be	2133
mentally ill or mentally incompetent, the individual's certificate	2134
license shall be automatically suspended until the individual has	2135
filed with the board a certified copy of an adjudication by a	2136
probate court of being restored to competency or has submitted to	2137
the board proof, satisfactory to the board, of having been	2138
discharged as being restored to competency in the manner and form	2139
provided in section 5122.38 of the Revised Code. The judge of the	2140
court shall immediately notify the board of an adjudication of	2141
incompetence and note any suspension of a certificatelicense in	2142
the margin of the court's record of the certificatelicense.	2143

Sec. 4730.28. (A) An individual whose certificatelicense to	2144
practice as a physician assistant issued under this chapter has	2145
been suspended or is in an inactive state for any cause for more	2146
than two years may apply to the state medical board to have the	2147
certificatelicense restored.	2148

(B)(1) The board shall not restore a certificatelicense	2149
under this section unless the applicant complies with sections	2150
4776.01 to 4776.04 of the Revised Code. The board shall determine	2151
the applicant's present fitness to resume practice. The board	2152
shall consider the moral background and the activities of the	2153
applicant during the period of suspension or inactivity.	2154

(2) When restoring a certificatelicense, the board may	2155
impose terms and conditions, including the following:	2156

(a) Requiring the applicant to obtain additional training and	2157
pass an examination upon completion of the training;	2158

(b) Restricting or limiting the extent, scope, or type of	2159
practice as a physician assistant that the individual may resume.	2160

Sec. 4730.31.  (A) As used in this section, "prosecutor" has	2161
the same meaning as in section 2935.01 of the Revised Code.	2162

(B) Whenever any person holding a valid certificatelicense	2163
to practice as a physician assistant issued pursuant to this	2164
chapter pleads guilty to, is subject to a judicial finding of	2165
guilt of, or is subject to a judicial finding of eligibility for	2166
intervention in lieu of conviction for a violation of Chapter	2167
2907., 2925., or 3719. of the Revised Code or of any substantively	2168
comparable ordinance of a municipal corporation in connection with	2169
practicing as a physician assistant, the prosecutor in the case	2170
shall, on forms prescribed and provided by the state medical	2171
board, promptly notify the board of the conviction. Within thirty	2172
days of receipt of such information, the board shall initiate	2173
action in accordance with Chapter 119. of the Revised Code to	2174
determine whether to suspend or revoke the certificatelicense	2175
under section 4730.25 of the Revised Code.	2176

(C) The prosecutor in any case against any person holding a	2177
valid certificatelicense issued pursuant to this chapter shall,	2178
on forms prescribed and provided by the state medical board,	2179
notify the board of any of the following:	2180

(1) A plea of guilty to, a judicial finding of guilt of, or	2181
judicial finding of eligibility for intervention in lieu of	2182
conviction for a felony, or a case where the trial court issues an	2183
order of dismissal upon technical or procedural grounds of a	2184
felony charge;	2185

(2) A plea of guilty to, a judicial finding of guilt of, or	2186
judicial finding or eligibility for intervention in lieu of	2187
conviction for a misdemeanor committed in the course of practice,	2188
or a case where the trial court issues an order of dismissal upon	2189
technical or procedural grounds of a charge of a misdemeanor, if	2190
the alleged act was committed in the course of practice;	2191

(3) A plea of guilty to, a judicial finding of guilt of, or	2192
judicial finding of eligibility for intervention in lieu of	2193
conviction for a misdemeanor involving moral turpitude, or a case	2194
where the trial court issues an order of dismissal upon technical	2195
or procedural grounds of a charge of a misdemeanor involving moral	2196
turpitude.	2197

The report shall include the name and address of the	2198
certificatelicense holder, the nature of the offense for which	2199
the action was taken, and the certified court documents recording	2200
the action.	2201

Sec. 4730.32.  (A) Within sixty days after the imposition of	2202
any formal disciplinary action taken by a health care facility	2203
against any individual holding a valid certificatelicense to	2204
practice as a physician assistant issued under this chapter, the	2205
chief administrator or executive officer of the facility shall	2206
report to the state medical board the name of the individual, the	2207
action taken by the facility, and a summary of the underlying	2208
facts leading to the action taken. Upon request, the board shall	2209
be provided certified copies of the patient records that were the	2210
basis for the facility's action. Prior to release to the board,	2211
the summary shall be approved by the peer review committee that	2212
reviewed the case or by the governing board of the facility.	2213

The filing of a report with the board or decision not to file	2214
a report, investigation by the board, or any disciplinary action	2215
taken by the board, does not preclude a health care facility from	2216
taking disciplinary action against a physician assistant.	2217

In the absence of fraud or bad faith, no individual or entity	2218
that provides patient records to the board shall be liable in	2219
damages to any person as a result of providing the records.	2220

(B) A physician assistant, professional association or	2221
society of physician assistants, physician, or professional	2222
association or society of physicians that believes a violation of	2223
any provision of this chapter, Chapter 4731. of the Revised Code,	2224
or rule of the board has occurred shall report to the board the	2225
information upon which the belief is based. This division does not	2226
require any treatment provider approved by the board under section	2227
4731.25 of the Revised Code or any employee, agent, or	2228
representative of such a provider to make reports with respect to	2229
a physician assistant participating in treatment or aftercare for	2230
substance abuse as long as the physician assistant maintains	2231
participation in accordance with the requirements of section	2232
4731.25 of the Revised Code and the treatment provider or	2233
employee, agent, or representative of the provider has no reason	2234
to believe that the physician assistant has violated any provision	2235
of this chapter or rule adopted under it, other than being	2236
impaired by alcohol, drugs, or other substances. This division	2237
does not require reporting by any member of an impaired	2238
practitioner committee established by a health care facility or by	2239
any representative or agent of a committee or program sponsored by	2240
a professional association or society of physician assistants to	2241
provide peer assistance to physician assistants with substance	2242
abuse problems with respect to a physician assistant who has been	2243
referred for examination to a treatment program approved by the	2244
board under section 4731.25 of the Revised Code if the physician	2245
assistant cooperates with the referral for examination and with	2246
any determination that the physician assistant should enter	2247
treatment and as long as the committee member, representative, or	2248
agent has no reason to believe that the physician assistant has	2249
ceased to participate in the treatment program in accordance with	2250
section 4731.25 of the Revised Code or has violated any provision	2251
of this chapter or rule adopted under it, other than being	2252
impaired by alcohol, drugs, or other substances.	2253

(C) Any professional association or society composed	2254
primarily of physician assistants that suspends or revokes an	2255
individual's membership for violations of professional ethics, or	2256
for reasons of professional incompetence or professional	2257
malpractice, within sixty days after a final decision, shall	2258
report to the board, on forms prescribed and provided by the	2259
board, the name of the individual, the action taken by the	2260
professional organization, and a summary of the underlying facts	2261
leading to the action taken.	2262

The filing or nonfiling of a report with the board,	2263
investigation by the board, or any disciplinary action taken by	2264
the board, shall not preclude a professional organization from	2265
taking disciplinary action against a physician assistant.	2266

(D) Any insurer providing professional liability insurance to	2267
any person holding a valid certificatelicense to practice as a	2268
physician assistant issued under this chapter or any other entity	2269
that seeks to indemnify the professional liability of a physician	2270
assistant shall notify the board within thirty days after the	2271
final disposition of any written claim for damages where such	2272
disposition results in a payment exceeding twenty-five thousand	2273
dollars. The notice shall contain the following information:	2274

(1) The name and address of the person submitting the	2275
notification;	2276

(2) The name and address of the insured who is the subject of	2277
the claim;	2278

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

2279

(4) The date of final disposition;

2280

(5) If applicable, the identity of the court in which the	2281
final disposition of the claim took place.	2282

(E) The board may investigate possible violations of this	2283
chapter or the rules adopted under it that are brought to its	2284
attention as a result of the reporting requirements of this	2285
section, except that the board shall conduct an investigation if a	2286
possible violation involves repeated malpractice. As used in this	2287
division, "repeated malpractice" means three or more claims for	2288
malpractice within the previous five-year period, each resulting	2289
in a judgment or settlement in excess of twenty-five thousand	2290
dollars in favor of the claimant, and each involving negligent	2291
conduct by the physician assistant.	2292

(F) All summaries, reports, and records received and	2293
maintained by the board pursuant to this section shall be held in	2294
confidence and shall not be subject to discovery or introduction	2295
in evidence in any federal or state civil action involving a	2296
physician assistant, supervising physician, or health care	2297
facility arising out of matters that are the subject of the	2298
reporting required by this section. The board may use the	2299
information obtained only as the basis for an investigation, as	2300
evidence in a disciplinary hearing against a physician assistant	2301
or supervising physician, or in any subsequent trial or appeal of	2302
a board action or order.	2303

The board may disclose the summaries and reports it receives	2304
under this section only to health care facility committees within	2305
or outside this state that are involved in credentialing or	2306
recredentialing a physician assistant or supervising physician or	2307
reviewing their privilege to practice within a particular	2308
facility. The board shall indicate whether or not the information	2309
has been verified. Information transmitted by the board shall be	2310
subject to the same confidentiality provisions as when maintained	2311
by the board.	2312

(G) Except for reports filed by an individual pursuant to	2313
division (B) of this section, the board shall send a copy of any	2314
reports or summaries it receives pursuant to this section to the	2315
physician assistant. The physician assistant shall have the right	2316
to file a statement with the board concerning the correctness or	2317
relevance of the information. The statement shall at all times	2318
accompany that part of the record in contention.	2319

(H) An individual or entity that reports to the board or	2320
refers an impaired physician assistant to a treatment provider	2321
approved by the board under section 4731.25 of the Revised Code	2322
shall not be subject to suit for civil damages as a result of the	2323
report, referral, or provision of the information.	2324

(I) In the absence of fraud or bad faith, a professional	2325
association or society of physician assistants that sponsors a	2326
committee or program to provide peer assistance to a physician	2327
assistant with substance abuse problems, a representative or agent	2328
of such a committee or program, and a member of the state medical	2329
board shall not be held liable in damages to any person by reason	2330
of actions taken to refer a physician assistant to a treatment	2331
provider approved under section 4731.25 of the Revised Code for	2332
examination or treatment.	2333

Sec. 4730.33.  The secretary of the state medical board shall	2334
enforce the laws relating to the practice of physician assistants.	2335
If the secretary has knowledge or notice of a violation of this	2336
chapter or the rules adopted under it, the secretary shall	2337
investigate the matter, and, upon probable cause appearing, file a	2338
complaint and prosecute the offender. When requested by the	2339
secretary, the prosecuting attorney of the proper county shall	2340
take charge of and conduct such prosecution.	2341

In the prosecution of any person for violation of division	2342
(A) of section 4730.02 of the Revised Code it shall not be	2343
necessary to allege or prove want of a valid certificatelicense	2344
to practice as a physician assistant, but such matters shall be a	2345
matter of defense to be established by the accused.	2346

Sec. 4730.38.  (A) Except as provided in division (B) of this	2347
section, the physician assistant policy committee of the state	2348
medical board shall, at such times the committee determines to be	2349
necessary, submit to the board recommendations regarding	2350
physician-delegated prescriptive authority for physician	2351
assistants. The committee's recommendations shall address both of	2352
the following:	2353

(1) Policy and procedures regarding physician-delegated	2354
prescriptive authority, including the issuance of certificates to	2355
prescribe under this chapter;	2356

(2) Any issue the committee considers necessary to assist the	2357
board in fulfilling its duty to adopt rules governing	2358
physician-delegated prescriptive authority, including the issuance	2359
of certificates to prescribe.	2360

(B) Not less than every six months beginning on the first day	2361
of June following the effective date of this amendmentMarch 22,	2362
2013, the committee shall review the physician assistant formulary	2363
the board adopts pursuant to division (A)(1) of section 4730.39 of	2364
the Revised Code and, to the extent it determines to be necessary,	2365
submit recommendations proposing changes to the formulary.	2366

(C) Recommendations submitted under this section are subject	2367
to the procedures and time frames specified in division (C) of	2368
section 4730.06 of the Revised Code.	2369

Sec. 4730.39.  (A) The state medical board shall do bothall	2370
of the following:	2371

(1) Adopt a formulary listing the drugs and therapeutic	2372
devices by class and specific generic nomenclature that a	2373
physician may include in the physician-delegated prescriptive	2374
authority granted to a physician assistant who holds a certificate	2375
to prescribe under this chaptervalid prescriber number issued by	2376
the state medical board;	2377

(2) Adopt rules governing physician-delegated prescriptive	2378
authority for physician assistants, including the issuance of	2379
certificates to prescribe under this chapter;	2380

(3) Establish standards and procedures for delegation under	2381
division (A) of section 4730.203 of the Revised Code of the	2382
authority to administer drugs.	2383

(B) The board's rules governing physician-delegated	2384
prescriptive authority adopted pursuant to division (A)(2) of this	2385
section shall be adopted in accordance with Chapter 119. of the	2386
Revised Code and shall establish all of the following:	2387

(1) Requirements regarding the pharmacology courses that a	2388
physician assistant is required to complete to receive a	2389
certificate to prescribe;	2390

(2) Standards and procedures for the issuance and renewal of	2391
certificates to prescribe to physician assistants;	2392

(3) Standards and procedures for the appropriate conduct of	2393
the provisional period that a physician assistant is required to	2394
complete pursuant to section 4730.45 of the Revised Code and for	2395
determining whether a physician assistant has successfully	2396
completed the provisional period;	2397

(4) A specific prohibition against prescribing any drug or	2398
device to perform or induce an abortion;	2399

(5)(3) Standards and procedures to be followed by a physician	2400
assistant in personally furnishing samples of drugs or complete or	2401
partial supplies of drugs to patients under section 4730.43 of the	2402
Revised Code;	2403

(6)(4) Any other requirements the board considers necessary	2404
to implement the provisions of this chapter regarding	2405
physician-delegated prescriptive authority and the issuance of	2406
certificates to prescribe.	2407

(C)(1) After considering recommendations submitted by the	2408
physician assistant policy committee pursuant to sections 4730.06	2409
and 4730.38 of the Revised Code, the board shall review either or	2410
both of the following, as appropriate according to the submitted	2411
recommendations:	2412

(a) The formulary the board adopts under division (A)(1) of	2413
this section;	2414

(b) The rules the board adopts under division (A)(2) of this	2415
section regarding physician-delegated prescriptive authority.	2416

(2) Based on its review, the board shall make any necessary	2417
modifications to the formulary or rules.	2418

Sec. 4730.41.  (A) A certificate to prescribe issued under	2419
this chapter authorizes a physician assistant who holds a valid	2420
prescriber number issued by the state medical board is authorized	2421
to prescribe and personally furnish drugs and therapeutic devices	2422
in the exercise of physician-delegated prescriptive authority.	2423

(B) In exercising physician-delegated prescriptive authority,	2424
a physician assistant is subject to all of the following:	2425

(1) The physician assistant shall exercise	2426
physician-delegated prescriptive authority only to the extent that	2427
the physician supervising the physician assistant has granted that	2428
authority.	2429

(2) The physician assistant shall comply with all conditions	2430
placed on the physician-delegated prescriptive authority, as	2431
specified by the supervising physician who is supervising the	2432
physician assistant in the exercise of physician-delegated	2433
prescriptive authority.	2434

(3) If the physician assistant possesses physician-delegated	2435
prescriptive authority for controlled substances, the physician	2436
assistant shall register with the federal drug enforcement	2437
administration.	2438

(4) If the physician assistant possesses physician-delegated	2439
prescriptive authority for schedule II controlled substances, the	2440
physician assistant shall comply with section 4730.411 of the	2441
Revised Code.	2442

Sec. 4730.42.  (A) In granting physician-delegated	2443
prescriptive authority to a particular physician assistant who	2444
holds a certificate to prescribevalid prescriber number issued	2445
under this chapterby the state medical board, the supervising	2446
physician is subject to all of the following:	2447

(1) The supervising physician shall not grant	2448
physician-delegated prescriptive authority for any drug or	2449
therapeutic device that is not listed on the physician assistant	2450
formulary adopted under section 4730.39 of the Revised Code as a	2451
drug or therapeutic device that may be included in the	2452
physician-delegated prescriptive authority granted to a physician	2453
assistant.	2454

(2) The supervising physician shall not grant	2455
physician-delegated prescriptive authority for any drug or device	2456
that may be used to perform or induce an abortion.	2457

(3) The supervising physician shall not grant	2458
physician-delegated prescriptive authority in a manner that	2459
exceeds the supervising physician's prescriptive authority,	2460
including the physician's authority to treat chronic pain with	2461
controlled substances and products containing tramadol as	2462
described in section 4731.052 of the Revised Code.	2463

(4) The supervising physician shall supervise the physician	2464
assistant in accordance with allboth of the following:	2465

(a) The supervision requirements specified in section 4730.21	2466
of the Revised Code and, in the case of supervision provided	2467
during a provisional period of physician-delegated prescriptive	2468
authority, the supervision requirements specified in section	2469
4730.45 of the Revised Code;	2470

(b) The physician supervisory plan approved for the	2471
supervising physician orsupervision agreement entered into with	2472
the physician assistant under section 4730.19 of the Revised Code,	2473
including, if applicable, the policies of the health care facility	2474
in which the physician and physician assistant are practicing;	2475

(c) The supervision agreement approved under section 4730.19	2476
of the Revised Code that applies to the supervising physician and	2477
the physician assistant.	2478

(B)(1) The supervising physician of a physician assistant may	2479
place conditions on the physician-delegated prescriptive authority	2480
granted to the physician assistant. If conditions are placed on	2481
that authority, the supervising physician shall maintain a written	2482
record of the conditions and make the record available to the	2483
state medical board on request.	2484

(2) The conditions that a supervising physician may place on	2485
the physician-delegated prescriptive authority granted to a	2486
physician assistant include the following:	2487

(a) Identification by class and specific generic nomenclature	2488
of drugs and therapeutic devices that the physician chooses not to	2489
permit the physician assistant to prescribe;	2490

(b) Limitations on the dosage units or refills that the	2491
physician assistant is authorized to prescribe;	2492

(c) Specification of circumstances under which the physician	2493
assistant is required to refer patients to the supervising	2494
physician or another physician when exercising physician-delegated	2495
prescriptive authority;	2496

(d) Responsibilities to be fulfilled by the physician in	2497
supervising the physician assistant that are not otherwise	2498
specified in the physician supervisory plansupervision agreement	2499
or otherwise required by this chapter.	2500

Sec. 4730.43. (A) A physician assistant who holds a	2501
certificate to prescribevalid prescriber number issued under this	2502
chapterby the state medical board and has been granted	2503
physician-delegated prescriptive authority by a supervising	2504
physician may personally furnish to a patient samples of drugs and	2505
therapeutic devices that are included in the physician assistant's	2506
physician-delegated prescriptive authority, subject to all of the	2507
following:	2508

(1) The amount of the sample furnished shall not exceed a	2509
seventy-two-hour supply, except when the minimum available	2510
quantity of the sample is packaged in an amount that is greater	2511
than a seventy-two-hour supply, in which case the physician	2512
assistant may furnish the sample in the package amount.	2513

(2) No charge may be imposed for the sample or for furnishing	2514
it.	2515

(3) Samples of controlled substances may not be personally	2516
furnished.	2517

(B) A physician assistant who holds a certificate to	2518
prescribevalid prescriber number issued under this chapterby the	2519
board and has been granted physician-delegated prescriptive	2520
authority by a supervising physician may personally furnish to a	2521
patient a complete or partial supply of the drugs and therapeutic	2522
devices that are included in the physician assistant's	2523
physician-delegated prescriptive authority, subject to all of the	2524
following:	2525

(1) The physician assistant shall personally furnish only	2526
antibiotics, antifungals, scabicides, contraceptives, prenatal	2527
vitamins, antihypertensives, drugs and devices used in the	2528
treatment of diabetes, drugs and devices used in the treatment of	2529
asthma, and drugs used in the treatment of dyslipidemia.	2530

(2) The physician assistant shall not furnish the drugs and	2531
devices in locations other than a health department operated by	2532
the board of health of a city or general health district or the	2533
authority having the duties of a board of health under section	2534
3709.05 of the Revised Code, a federally funded comprehensive	2535
primary care clinic, or a nonprofit health care clinic or program.	2536

(3) The physician assistant shall comply with all standards	2537
and procedures for personally furnishing supplies of drugs and	2538
devices, as established in rules adopted under section 4730.39 of	2539
the Revised Code.	2540

Sec. 4730.49.  (A) To be eligible for renewal of a	2541
certificate to prescribelicense to practice as a physician	2542
assistant, an applicant shall complete every two years at least	2543
twelve hours of continuing education in pharmacology from an	2544
accredited institution recognized by the state medical board.	2545
Except as provided in division (B) of this section and in section	2546
5903.12 of the Revised Code, the continuing education shall be	2547
completed not later than the thirty-first day of January of each	2548
even-numbered year.	2549

(B) The state medical board shall provide for pro rata	2550
reductions by month of the number of hours of continuing education	2551
in pharmacology that is required to be completed for physician	2552
assistants who are in their first certificationlicensure period	2553
after completing the provisional period of supervision required	2554
under section 4730.454730.12 of the Revised Code, who have been	2555
disabled due to illness or accident, or who have been absent from	2556
the country. The board shall adopt rules, in accordance with	2557
Chapter 119. of the Revised Code, as necessary to implement this	2558
division.	2559

(C) The continuing education required by this section is in	2560
addition to the continuing education required under section	2561
4730.14 of the Revised Code.	2562

Sec. 4730.51.  In the information the board maintains on the	2563
its internet web site, the state medical board shall include the	2564
following:	2565

(A) The name of each physician assistant who holds a	2566
certificate to prescribelicense under this chapter;	2567

(B) For each physician assistant who holds a certificate to	2568
prescribevalid prescriber number issued by the state medical	2569
board, the name of each supervising physician who has authority to	2570
grant physician-delegated prescriptive authority to the physician	2571
assistant.	2572

Sec. 4730.53. (A) As used in this section, "drug database"	2573
means the database established and maintained by the state board	2574
of pharmacy pursuant to section 4729.75 of the Revised Code.	2575

(B) The state medical board shall adopt rules in accordance	2576
with Chapter 119. of the Revised Code that establish standards and	2577
procedures to be followed by a physician assistant who holds a	2578
certificate to prescribe issuedlicensed under this chapter who	2579
has been granted physician-delegated prescriptive authority	2580
regarding the review of patient information available through the	2581
drug database under division (A)(5) of section 4729.80 of the	2582
Revised Code.	2583

(C) This section and the rules adopted under it do not apply	2584
if the state board of pharmacy no longer maintains the drug	2585
database.	2586

Sec. 4731.07. (A) The state medical board shall keep a record	2587
of its proceedings. The minutes of a meeting of the board shall,	2588
on approval by the board, constitute an official record of its	2589
proceedings.	2590

(B) The board shall keep a register of applicants for	2591
certificates of registration and certificates to practice issued	2592
under this chapter and Chapters 4730., 4760., 4762., and 4774. of	2593
the Revised Code and licenses issued under ChapterChapters 4730.	2594
and 4778. of the Revised Code. The register shall show the name of	2595
the applicant and whether the applicant was granted or refused a	2596
certificate or license. With respect to applicants to practice	2597
medicine and surgery or osteopathic medicine and surgery, the	2598
register shall show the name of the institution that granted the	2599
applicant the degree of doctor of medicine or osteopathic	2600
medicine. The books and records of the board shall be prima-facie	2601
evidence of matters therein contained.	2602

Sec. 4765.01.  As used in this chapter:

2603

(A) "First responder" means an individual who holds a	2604
current, valid certificate issued under section 4765.30 of the	2605
Revised Code to practice as a first responder.	2606

(B) "Emergency medical technician-basic" or "EMT-basic" means	2607
an individual who holds a current, valid certificate issued under	2608
section 4765.30 of the Revised Code to practice as an emergency	2609
medical technician-basic.	2610

(C) "Emergency medical technician-intermediate" or "EMT-I"	2611
means an individual who holds a current, valid certificate issued	2612
under section 4765.30 of the Revised Code to practice as an	2613
emergency medical technician-intermediate.	2614

(D) "Emergency medical technician-paramedic" or "paramedic"	2615
means an individual who holds a current, valid certificate issued	2616
under section 4765.30 of the Revised Code to practice as an	2617
emergency medical technician-paramedic.	2618

(E) "Ambulance" means any motor vehicle that is used, or is	2619
intended to be used, for the purpose of responding to emergency	2620
medical situations, transporting emergency patients, and	2621
administering emergency medical service to patients before,	2622
during, or after transportation.	2623

(F) "Cardiac monitoring" means a procedure used for the	2624
purpose of observing and documenting the rate and rhythm of a	2625
patient's heart by attaching electrical leads from an	2626
electrocardiograph monitor to certain points on the patient's body	2627
surface.	2628

(G) "Emergency medical service" means any of the services	2629
described in sections 4765.35, 4765.37, 4765.38, and 4765.39 of	2630
the Revised Code that are performed by first responders, emergency	2631
medical technicians-basic, emergency medical	2632
technicians-intermediate, and paramedics. "Emergency medical	2633
service" includes such services performed before or during any	2634
transport of a patient, including transports between hospitals and	2635
transports to and from helicopters.	2636

(H) "Emergency medical service organization" means a public	2637
or private organization using first responders, EMTs-basic,	2638
EMTs-I, or paramedics, or a combination of first responders,	2639
EMTs-basic, EMTs-I, and paramedics, to provide emergency medical	2640
services.	2641

(I) "Physician" means an individual who holds a current,	2642
valid certificate issued under Chapter 4731. of the Revised Code	2643
authorizing the practice of medicine and surgery or osteopathic	2644
medicine and surgery.	2645

(J) "Registered nurse" means an individual who holds a	2646
current, valid license issued under Chapter 4723. of the Revised	2647
Code authorizing the practice of nursing as a registered nurse.	2648

(K) "Volunteer" means a person who provides services either	2649
for no compensation or for compensation that does not exceed the	2650
actual expenses incurred in providing the services or in training	2651
to provide the services.	2652

(L) "Emergency medical service personnel" means first	2653
responders, emergency medical service technicians-basic, emergency	2654
medical service technicians-intermediate, emergency medical	2655
service technicians-paramedic, and persons who provide medical	2656
direction to such persons.	2657

(M) "Hospital" has the same meaning as in section 3727.01 of	2658
the Revised Code.	2659

(N) "Trauma" or "traumatic injury" means severe damage to or	2660
destruction of tissue that satisfies both of the following	2661
conditions:	2662

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

2663

(a) Loss of life;

2664

(b) Loss of a limb;

2665

(c) Significant, permanent disfigurement;

2666

(d) Significant, permanent disability.

2667

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

2668

(a) Blunt or penetrating injury;

2669

(b) Exposure to electromagnetic, chemical, or radioactive	2670
energy;	2671

(c) Drowning, suffocation, or strangulation;

2672

(d) A deficit or excess of heat.

2673

(O) "Trauma victim" or "trauma patient" means a person who	2674
has sustained a traumatic injury.	2675

(P) "Trauma care" means the assessment, diagnosis,	2676
transportation, treatment, or rehabilitation of a trauma victim by	2677
emergency medical service personnel or by a physician, nurse,	2678
physician assistant, respiratory therapist, physical therapist,	2679
chiropractor, occupational therapist, speech-language pathologist,	2680
audiologist, or psychologist licensed to practice as such in this	2681
state or another jurisdiction.	2682

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

2683

(1) Any hospital that is verified by the American college of	2684
surgeons as an adult or pediatric trauma center;	2685

(2) Any hospital that is operating as an adult or pediatric	2686
trauma center under provisional status pursuant to section	2687
3727.101 of the Revised Code;	2688

(3) Until December 31, 2004, any hospital in this state that	2689
is designated by the director of health as a level II pediatric	2690
trauma center under section 3727.081 of the Revised Code;	2691

(4) Any hospital in another state that is licensed or	2692
designated under the laws of that state as capable of providing	2693
specialized trauma care appropriate to the medical needs of the	2694
trauma patient.	2695

(R) "Pediatric" means involving a patient who is less than	2696
sixteen years of age.	2697

(S) "Adult" means involving a patient who is not a pediatric	2698
patient.	2699

(T) "Geriatric" means involving a patient who is at least	2700
seventy years old or exhibits significant anatomical or	2701
physiological characteristics associated with advanced aging.	2702

(U) "Air medical organization" means an organization that	2703
provides emergency medical services, or transports emergency	2704
victims, by means of fixed or rotary wing aircraft.	2705

(V) "Emergency care" and "emergency facility" have the same	2706
meanings as in section 3727.01 of the Revised Code.	2707

(W) "Stabilize," except as it is used in division (B) of	2708
section 4765.35 of the Revised Code with respect to the manual	2709
stabilization of fractures, has the same meaning as in section	2710
1753.28 of the Revised Code.	2711

(X) "Transfer" has the same meaning as in section 1753.28 of	2712
the Revised Code.	2713

(Y) "Firefighter" means any member of a fire department as	2714
defined in section 742.01 of the Revised Code.	2715

(Z) "Volunteer firefighter" has the same meaning as in	2716
section 146.01 of the Revised Code.	2717

(AA) "Part-time paid firefighter" means a person who provides	2718
firefighting services on less than a full-time basis, is routinely	2719
scheduled to be present on site at a fire station or other	2720
designated location for purposes of responding to a fire or other	2721
emergency, and receives more than nominal compensation for the	2722
provision of firefighting services.	2723

(BB) "Physician assistant" means an individual who holds a	2724
current, valid certificatelicense to practice as a physician	2725
assistant issued under Chapter 4730. of the Revised Code.	2726

Sec. 4765.51.  Nothing in this chapter prevents or restricts	2727
the practice, services, or activities of any registered nurse	2728
practicing within the scope of the registered nurse's practice.	2729

Nothing in this chapter prevents or restricts the practice,	2730
services, or activities of any physician assistant practicing in	2731
accordance with a physician supervisory plan approvedsupervision	2732
agreement entered into under section 4730.174730.19 of the	2733
Revised Code or, including, if applicable, the policies of the	2734
health care facility in which the physician assistant is	2735
practicing.	2736

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

2737

(1) "In-home care" means the supportive services provided	2738
within the home of an individual with mental retardation or a	2739
developmental disability who receives funding for the services	2740
through a county board of developmental disabilities, including	2741
any recipient of residential services funded as home and	2742
community-based services, family support services provided under	2743
section 5126.11 of the Revised Code, or supported living provided	2744
in accordance with sections 5126.41 to 5126.47 of the Revised	2745
Code. "In-home care" includes care that is provided outside an	2746
individual's home in places incidental to the home, and while	2747
traveling to places incidental to the home, except that "in-home	2748
care" does not include care provided in the facilities of a county	2749
board of developmental disabilities or care provided in schools.	2750

(2) "Parent" means either parent of a child, including an	2751
adoptive parent but not a foster parent.	2752

(3) "Unlicensed in-home care worker" means an individual who	2753
provides in-home care but is not a health care professional.	2754

(4) "Family member" means a parent, sibling, spouse, son,	2755
daughter, grandparent, aunt, uncle, cousin, or guardian of the	2756
individual with mental retardation or a developmental disability	2757
if the individual with mental retardation or developmental	2758
disabilities lives with the person and is dependent on the person	2759
to the extent that, if the supports were withdrawn, another living	2760
arrangement would have to be found.	2761

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

2762

(a) A dentist who holds a valid license issued under Chapter	2763
4715. of the Revised Code;	2764

(b) A registered or licensed practical nurse who holds a	2765
valid license issued under Chapter 4723. of the Revised Code;	2766

(c) An optometrist who holds a valid license issued under	2767
Chapter 4725. of the Revised Code;	2768

(d) A pharmacist who holds a valid license issued under	2769
Chapter 4729. of the Revised Code;	2770

(e) A person who holds a valid certificate issued under	2771
Chapter 4731. of the Revised Code to practice medicine and	2772
surgery, osteopathic medicine and surgery, podiatric medicine and	2773
surgery, or a limited brand of medicine;	2774

(f) A physician assistant who holds a valid certificate	2775
license issued under Chapter 4730. of the Revised Code;	2776

(g) An occupational therapist or occupational therapy	2777
assistant or a physical therapist or physical therapist assistant	2778
who holds a valid license issued under Chapter 4755. of the	2779
Revised Code;	2780

(h) A respiratory care professional who holds a valid license	2781
issued under Chapter 4761. of the Revised Code.	2782

(6) "Health care task" means a task that is prescribed,	2783
ordered, delegated, or otherwise directed by a health care	2784
professional acting within the scope of the professional's	2785
practice.	2786

(B) Except as provided in division (E) of this section, a	2787
family member of an individual with mental retardation or a	2788
developmental disability may authorize an unlicensed in-home care	2789
worker to administer oral and topical prescribed medications or	2790
perform other health care tasks as part of the in-home care the	2791
worker provides to the individual, if all of the following apply:	2792

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

2793

(2) The unlicensed in-home care worker has been selected by	2794
the family member or the individual receiving care and is under	2795
the direct supervision of the family member.	2796

(3) The unlicensed in-home care worker is providing the care	2797
through an employment or other arrangement entered into directly	2798
with the family member and is not otherwise employed by or under	2799
contract with a person or government entity to provide services to	2800
individuals with mental retardation and developmental	2801
disabilities.	2802

(C) A family member shall obtain a prescription, if	2803
applicable, and written instructions from a health care	2804
professional for the care to be provided to the individual. The	2805
family member shall authorize the unlicensed in-home care worker	2806
to provide the care by preparing a written document granting the	2807
authority. The family member shall provide the unlicensed in-home	2808
care worker with appropriate training and written instructions in	2809
accordance with the instructions obtained from the health care	2810
professional.	2811

(D) A family member who authorizes an unlicensed in-home care	2812
worker to administer oral and topical prescribed medications or	2813
perform other health care tasks retains full responsibility for	2814
the health and safety of the individual receiving the care and for	2815
ensuring that the worker provides the care appropriately and	2816
safely. No entity that funds or monitors the provision of in-home	2817
care may be held liable for the results of the care provided under	2818
this section by an unlicensed in-home care worker, including such	2819
entities as the county board of developmental disabilities and the	2820
department of developmental disabilities.	2821

An unlicensed in-home care worker who is authorized under	2822
this section by a family member to provide care to an individual	2823
may not be held liable for any injury caused in providing the	2824
care, unless the worker provides the care in a manner that is not	2825
in accordance with the training and instructions received or the	2826
worker acts in a manner that constitutes wanton or reckless	2827
misconduct.	2828

(E) A county board of developmental disabilities may evaluate	2829
the authority granted by a family member under this section to an	2830
unlicensed in-home care worker at any time it considers necessary	2831
and shall evaluate the authority on receipt of a complaint. If the	2832
board determines that a family member has acted in a manner that	2833
is inappropriate for the health and safety of the individual	2834
receiving the care, the authorization granted by the family member	2835
to an unlicensed in-home care worker is void, and the family	2836
member may not authorize other unlicensed in-home care workers to	2837
provide the care. In making such a determination, the board shall	2838
use appropriately licensed health care professionals and shall	2839
provide the family member an opportunity to file a complaint under	2840
section 5126.06 of the Revised Code.	2841

Section 2.  That existing sections 1.64, 2133.211, 2151.3515	2842
2305.113, 3701.92, 4503.44, 4729.01, 4730.01, 4730.02, 4730.03,	2843
4730.04, 4730.06, 4730.08, 4730.091, 4730.092, 4730.10, 4730.101,	2844
4730.11, 4730.12, 4730.13, 4730.14, 4730.19, 4730.21, 4730.22,	2845
4730.25, 4730.251, 4730.27, 4730.28, 4730.31, 4730.32, 4730.33,	2846
4730.38, 4730.39, 4730.41, 4730.42, 4730.43, 4730.49, 4730.51,	2847
4730.53, 4731.07, 4765.01, 4765.51, and 5123.47 and sections	2848
4730.081, 4730.09, 4730.15, 4730.16, 4730.17, 4730.18,	2849
4730.20, 4730.44, 4730.45, 4730.46, 4730.47, 4730.48, 4730.50,	2850
and 4730.52 of the Revised Code are hereby repealed.	2851

Section 3.  (A) The State Medical Board may continue to issue	2852
certificates to practice and certificates to prescribe pursuant to	2853
Chapter 4730. of the Revised Code for not longer than ninety days	2854
after the effective date of this act. Thereafter, the Board shall	2855
issue physician assistant licenses in compliance with this act.	2856

(B) Certificates to practice and certificates to prescribe	2857
issued pursuant to division (A) of this section or Chapter 4730.	2858
of the Revised Code, as it existed immediately prior to the	2859
effective date of this act, shall satisfy the requirements for	2860
physician assistant licenses, as created by this act, until the	2861
thirty-first day of January of the first even-numbered year	2862
following the effective date of this act.	2863