Sec. 4730.14. (A) A certificate to practice as a physician | 17 |
assistant shall expire biennially and may be renewed in accordance | 18 |
with this section. A person seeking to renew a certificate to | 19 |
practice as a physician assistant shall, on or before the | 20 |
thirty-first day of January of each even-numbered year, apply for | 21 |
renewal of the certificate. The state medical board shall send | 22 |
renewal notices at least one month prior to the expiration date. | 23 |
The applicant shall report any criminal offense that | 29 |
constitutes grounds for refusing to issue a certificate to | 30 |
practice under section 4730.25 of the Revised Code to which the | 31 |
applicant has pleaded guilty, of which the applicant has been | 32 |
found guilty, or for which the applicant has been found eligible | 33 |
for intervention in lieu of conviction, since last signing an | 34 |
application for a certificate to practice as a physician | 35 |
assistant. | 36 |
(C) The board shall adopt rules in accordance with Chapter | 51 |
119. of the Revised Code specifying the types of continuing | 52 |
medical education that must be completed to fulfill the board's | 53 |
requirements under division (B)(2) of this section. Except when | 54 |
additional continuing medical education is required to renew a | 55 |
certificate to prescribe, as specified in section 4730.49 of the | 56 |
Revised Code, the board shall not adopt rules that require a | 57 |
physician assistant to complete in any certification period more | 58 |
than one hundred hours of continuing medical education acceptable | 59 |
to the board. In fulfilling the board's requirements, a physician | 60 |
assistant may use continuing medical education courses or programs | 61 |
completed to maintain certification by the national commission on | 62 |
certification of physician assistants or a successor organization | 63 |
that is recognized by the board if the standards for acceptable | 64 |
courses and programs of the commission or its successor are at | 65 |
least equivalent to the standards established by the board. | 66 |
If a certificate has been suspended pursuant to division | 95 |
(G)(1) of this division for more than two years, it may be | 96 |
restored. In accordance with section 4730.28 of the Revised Code, | 97 |
the board may restore a certificate suspended for failure to renew | 98 |
upon an applicant's submission of a restoration application, the | 99 |
biennial renewal fee, and any applicable monetary penalty and | 100 |
compliance with sections 4776.01 to 4776.04 of the Revised Code. | 101 |
The board shall not restore to an applicant a certificate to | 102 |
practice as a physician assistant unless the board, in its | 103 |
discretion, decides that the results of the criminal records check | 104 |
do not make the applicant ineligible for a certificate issued | 105 |
pursuant to section 4730.12 of the Revised Code. | 106 |
(H) If an individual certifies that the individual has | 111 |
completed the number of hours and type of continuing medical | 112 |
education required for renewal or reinstatement of a certificate | 113 |
to practice as a physician assistant, and the board finds through | 114 |
a random sample conducted under division (E) of this section or | 115 |
through any other means that the individual did not complete the | 116 |
requisite continuing medical education, theThe board may impose a | 117 |
civil penalty of not more than five thousand dollars if, through a | 118 |
random sample it conducts under this section or through other | 119 |
means, it finds that an individual certified that the individual | 120 |
completed the number of hours and type of continuing medical | 121 |
education required for renewal of a certificate to practice as a | 122 |
physician assistant when the individual did not fulfill the | 123 |
requirement. The board's finding shall be made pursuant to an | 124 |
adjudication under Chapter 119. of the Revised Code and by an | 125 |
affirmative vote of not fewer than six members. | 126 |
Pursuant to section 4730.25 of the Revised Code, the board | 133 |
may suspend an individual's certificate to practice as a physician | 134 |
assistant for failure to renew the certificate and comply with | 135 |
this section. If an individual continues to practice after | 136 |
suspension, that activity constitutes practicing in violation of | 137 |
section 4730.02 of the Revised Code. If the certificate has been | 138 |
suspended for two years or less, it may be reinstated. The board | 139 |
shall reinstate a certificate to practice as a physician assistant | 140 |
for failure to renew on an applicant's submission of a renewal | 141 |
application, the biennial renewal fee, and the applicable monetary | 142 |
penalty. If the certificate has been suspended for more than two | 143 |
years, it may be restored. Subject to section 4730.28 of the | 144 |
Revised Code, the board may restore a certificate to practice as a | 145 |
physician assistant suspended for failure to renew on an | 146 |
applicant's submission of a restoration application, the biennial | 147 |
renewal fee, and the applicable monetary penalty and compliance | 148 |
with sections 4776.01 to 4776.04 of the Revised Code. The board | 149 |
shall not restore an applicant's certificate to practice as a | 150 |
physician assistant unless the board decides that the results of | 151 |
the criminal records check do not make the applicant ineligible | 152 |
for a certificate issued pursuant to section 4730.12 of the | 153 |
Revised Code. | 154 |
Sec. 4730.252. If a physician assistant violates any section | 160 |
of this chapter other than section 4730.14 of the Revised Code or | 161 |
violates any rule adopted under this chapter, the state medical | 162 |
board may, pursuant to an adjudication under Chapter 119. of the | 163 |
Revised Code and an affirmative vote of not fewer than six of its | 164 |
members, impose a civil penalty of not more than twenty thousand | 165 |
dollars. The civil penalty may be in addition to any other action | 166 |
the board may take under section 4730.25 of the Revised Code. | 167 |
Sec. 4731.22. (A) The state medical board, by an affirmative | 171 |
vote of not fewer than six of its members, may limit, revoke, or | 172 |
suspend an individual's certificate to practice, refuse to grant a | 173 |
certificate to an individual, refuse to register an individual, | 174 |
refuse to reinstate a certificate, or reprimand or place on | 175 |
probation the holder of a certificate if the individual or | 176 |
certificate holder is found by the board to have committed fraud | 177 |
during the administration of the examination for a certificate to | 178 |
practice or to have committed fraud, misrepresentation, or | 179 |
deception in applying for or securing any certificate to practice | 180 |
or certificate of registration issued by the board. | 181 |
(B) The board, by an affirmative vote of not fewer than six | 182 |
members, shall, to the extent permitted by law, limit, revoke, or | 183 |
suspend an individual's certificate to practice, refuse to | 184 |
register an individual, refuse to reinstate a certificate, or | 185 |
reprimand or place on probation the holder of a certificate for | 186 |
one or more of the following reasons: | 187 |
(3) Selling, giving away, personally furnishing, prescribing, | 196 |
or administering drugs for other than legal and legitimate | 197 |
therapeutic purposes or a plea of guilty to, a judicial finding of | 198 |
guilt of, or a judicial finding of eligibility for intervention in | 199 |
lieu of conviction of, a violation of any federal or state law | 200 |
regulating the possession, distribution, or use of any drug; | 201 |
For purposes of this division, "willfully betraying a | 203 |
professional confidence" does not include providing any | 204 |
information, documents, or reports to a child fatality review | 205 |
board under sections 307.621 to 307.629 of the Revised Code and | 206 |
does not include the making of a report of an employee's use of a | 207 |
drug of abuse, or a report of a condition of an employee other | 208 |
than one involving the use of a drug of abuse, to the employer of | 209 |
the employee as described in division (B) of section 2305.33 of | 210 |
the Revised Code. Nothing in this division affects the immunity | 211 |
from civil liability conferred by that section upon a physician | 212 |
who makes either type of report in accordance with division (B) of | 213 |
that section. As used in this division, "employee," "employer," | 214 |
and "physician" have the same meanings as in section 2305.33 of | 215 |
the Revised Code. | 216 |
(5) Making a false, fraudulent, deceptive, or misleading | 217 |
statement in the solicitation of or advertising for patients; in | 218 |
relation to the practice of medicine and surgery, osteopathic | 219 |
medicine and surgery, podiatric medicine and surgery, or a limited | 220 |
branch of medicine; or in securing or attempting to secure any | 221 |
certificate to practice or certificate of registration issued by | 222 |
the board. | 223 |
As used in this division, "false, fraudulent, deceptive, or | 224 |
misleading statement" means a statement that includes a | 225 |
misrepresentation of fact, is likely to mislead or deceive because | 226 |
of a failure to disclose material facts, is intended or is likely | 227 |
to create false or unjustified expectations of favorable results, | 228 |
or includes representations or implications that in reasonable | 229 |
probability will cause an ordinarily prudent person to | 230 |
misunderstand or be deceived. | 231 |
(18) Subject to section 4731.226 of the Revised Code, | 269 |
violation of any provision of a code of ethics of the American | 270 |
medical association, the American osteopathic association, the | 271 |
American podiatric medical association, or any other national | 272 |
professional organizations that the board specifies by rule. The | 273 |
state medical board shall obtain and keep on file current copies | 274 |
of the codes of ethics of the various national professional | 275 |
organizations. The individual whose certificate is being suspended | 276 |
or revoked shall not be found to have violated any provision of a | 277 |
code of ethics of an organization not appropriate to the | 278 |
individual's profession. | 279 |
For purposes of this division, a "provision of a code of | 280 |
ethics of a national professional organization" does not include | 281 |
any provision that would preclude the making of a report by a | 282 |
physician of an employee's use of a drug of abuse, or of a | 283 |
condition of an employee other than one involving the use of a | 284 |
drug of abuse, to the employer of the employee as described in | 285 |
division (B) of section 2305.33 of the Revised Code. Nothing in | 286 |
this division affects the immunity from civil liability conferred | 287 |
by that section upon a physician who makes either type of report | 288 |
in accordance with division (B) of that section. As used in this | 289 |
division, "employee," "employer," and "physician" have the same | 290 |
meanings as in section 2305.33 of the Revised Code. | 291 |
In enforcing this division, the board, upon a showing of a | 297 |
possible violation, may compel any individual authorized to | 298 |
practice by this chapter or who has submitted an application | 299 |
pursuant to this chapter to submit to a mental examination, | 300 |
physical examination, including an HIV test, or both a mental and | 301 |
a physical examination. The expense of the examination is the | 302 |
responsibility of the individual compelled to be examined. Failure | 303 |
to submit to a mental or physical examination or consent to an HIV | 304 |
test ordered by the board constitutes an admission of the | 305 |
allegations against the individual unless the failure is due to | 306 |
circumstances beyond the individual's control, and a default and | 307 |
final order may be entered without the taking of testimony or | 308 |
presentation of evidence. If the board finds an individual unable | 309 |
to practice because of the reasons set forth in this division, the | 310 |
board shall require the individual to submit to care, counseling, | 311 |
or treatment by physicians approved or designated by the board, as | 312 |
a condition for initial, continued, reinstated, or renewed | 313 |
authority to practice. An individual affected under this division | 314 |
shall be afforded an opportunity to demonstrate to the board the | 315 |
ability to resume practice in compliance with acceptable and | 316 |
prevailing standards under the provisions of the individual's | 317 |
certificate. For the purpose of this division, any individual who | 318 |
applies for or receives a certificate to practice under this | 319 |
chapter accepts the privilege of practicing in this state and, by | 320 |
so doing, shall be deemed to have given consent to submit to a | 321 |
mental or physical examination when directed to do so in writing | 322 |
by the board, and to have waived all objections to the | 323 |
admissibility of testimony or examination reports that constitute | 324 |
a privileged communication. | 325 |
(20) Except when civil penalties are imposed under section | 326 |
4731.225 or division (D) of section 4731.281 of the Revised Code | 327 |
without any other action the board may take under this section, | 328 |
and subject to section 4731.226 of the Revised Code, violating or | 329 |
attempting to violate, directly or indirectly, or assisting in or | 330 |
abetting the violation of, or conspiring to violate, any | 331 |
provisions of this chapter or any rule promulgated by the board. | 332 |
This division does not apply to a violation or attempted | 333 |
violation of, assisting in or abetting the violation of, or a | 334 |
conspiracy to violate, any provision of this chapter or any rule | 335 |
adopted by the board that would preclude the making of a report by | 336 |
a physician of an employee's use of a drug of abuse, or of a | 337 |
condition of an employee other than one involving the use of a | 338 |
drug of abuse, to the employer of the employee as described in | 339 |
division (B) of section 2305.33 of the Revised Code. Nothing in | 340 |
this division affects the immunity from civil liability conferred | 341 |
by that section upon a physician who makes either type of report | 342 |
in accordance with division (B) of that section. As used in this | 343 |
division, "employee," "employer," and "physician" have the same | 344 |
meanings as in section 2305.33 of the Revised Code. | 345 |
(22) Any of the following actions taken by an agency | 349 |
responsible for authorizing, certifying, or regulating an | 350 |
individual to practice a health care occupation or provide health | 351 |
care services in this state or another jurisdiction, for any | 352 |
reason other than the nonpayment of fees: the limitation, | 353 |
revocation, or suspension of an individual's license to practice; | 354 |
acceptance of an individual's license surrender; denial of a | 355 |
license; refusal to renew or reinstate a license; imposition of | 356 |
probation; or issuance of an order of censure or other reprimand; | 357 |
(23) The violation of section 2919.12 of the Revised Code or | 358 |
the performance or inducement of an abortion upon a pregnant woman | 359 |
with actual knowledge that the conditions specified in division | 360 |
(B) of section 2317.56 of the Revised Code have not been satisfied | 361 |
or with a heedless indifference as to whether those conditions | 362 |
have been satisfied, unless an affirmative defense as specified in | 363 |
division (H)(2) of that section would apply in a civil action | 364 |
authorized by division (H)(1) of that section; | 365 |
For the purposes of this division, any individual authorized | 381 |
to practice by this chapter accepts the privilege of practicing in | 382 |
this state subject to supervision by the board. By filing an | 383 |
application for or holding a certificate to practice under this | 384 |
chapter, an individual shall be deemed to have given consent to | 385 |
submit to a mental or physical examination when ordered to do so | 386 |
by the board in writing, and to have waived all objections to the | 387 |
admissibility of testimony or examination reports that constitute | 388 |
privileged communications. | 389 |
If it has reason to believe that any individual authorized to | 390 |
practice by this chapter or any applicant for certification to | 391 |
practice suffers such impairment, the board may compel the | 392 |
individual to submit to a mental or physical examination, or both. | 393 |
The expense of the examination is the responsibility of the | 394 |
individual compelled to be examined. Any mental or physical | 395 |
examination required under this division shall be undertaken by a | 396 |
treatment provider or physician who is qualified to conduct the | 397 |
examination and who is chosen by the board. | 398 |
Failure to submit to a mental or physical examination ordered | 399 |
by the board constitutes an admission of the allegations against | 400 |
the individual unless the failure is due to circumstances beyond | 401 |
the individual's control, and a default and final order may be | 402 |
entered without the taking of testimony or presentation of | 403 |
evidence. If the board determines that the individual's ability to | 404 |
practice is impaired, the board shall suspend the individual's | 405 |
certificate or deny the individual's application and shall require | 406 |
the individual, as a condition for initial, continued, reinstated, | 407 |
or renewed certification to practice, to submit to treatment. | 408 |
When the impaired practitioner resumes practice, the board | 430 |
shall require continued monitoring of the individual. The | 431 |
monitoring shall include, but not be limited to, compliance with | 432 |
the written consent agreement entered into before reinstatement or | 433 |
with conditions imposed by board order after a hearing, and, upon | 434 |
termination of the consent agreement, submission to the board for | 435 |
at least two years of annual written progress reports made under | 436 |
penalty of perjury stating whether the individual has maintained | 437 |
sobriety. | 438 |
(34) Failure to cooperate in an investigation conducted by | 475 |
the board under division (F) of this section, including failure to | 476 |
comply with a subpoena or order issued by the board or failure to | 477 |
answer truthfully a question presented by the board in an | 478 |
investigative interview, an investigative office conference, at a | 479 |
deposition, or in written interrogatories, except that failure to | 480 |
cooperate with an investigation shall not constitute grounds for | 481 |
discipline under this section if a court of competent jurisdiction | 482 |
has issued an order that either quashes a subpoena or permits the | 483 |
individual to withhold the testimony or evidence in issue; | 484 |
(C) Disciplinary actions taken by the board under divisions | 531 |
(A) and (B) of this section shall be taken pursuant to an | 532 |
adjudication under Chapter 119. of the Revised Code, except that | 533 |
in lieu of an adjudication, the board may enter into a consent | 534 |
agreement with an individual to resolve an allegation of a | 535 |
violation of this chapter or any rule adopted under it. A consent | 536 |
agreement, when ratified by an affirmative vote of not fewer than | 537 |
six members of the board, shall constitute the findings and order | 538 |
of the board with respect to the matter addressed in the | 539 |
agreement. If the board refuses to ratify a consent agreement, the | 540 |
admissions and findings contained in the consent agreement shall | 541 |
be of no force or effect. | 542 |
If the board takes disciplinary action against an individual | 548 |
under division (B) of this section for a second or subsequent plea | 549 |
of guilty to, or judicial finding of guilt of, a violation of | 550 |
section 2919.123 of the Revised Code, the disciplinary action | 551 |
shall consist of a suspension of the individual's certificate to | 552 |
practice for a period of at least one year or, if determined | 553 |
appropriate by the board, a more serious sanction involving the | 554 |
individual's certificate to practice. Any consent agreement | 555 |
entered into under this division with an individual that pertains | 556 |
to a second or subsequent plea of guilty to, or judicial finding | 557 |
of guilt of, a violation of that section shall provide for a | 558 |
suspension of the individual's certificate to practice for a | 559 |
period of at least one year or, if determined appropriate by the | 560 |
board, a more serious sanction involving the individual's | 561 |
certificate to practice. | 562 |
(D) For purposes of divisions (B)(10), (12), and (14) of this | 563 |
section, the commission of the act may be established by a finding | 564 |
by the board, pursuant to an adjudication under Chapter 119. of | 565 |
the Revised Code, that the individual committed the act. The board | 566 |
does not have jurisdiction under those divisions if the trial | 567 |
court renders a final judgment in the individual's favor and that | 568 |
judgment is based upon an adjudication on the merits. The board | 569 |
has jurisdiction under those divisions if the trial court issues | 570 |
an order of dismissal upon technical or procedural grounds. | 571 |
(E) The sealing of conviction records by any court shall have | 572 |
no effect upon a prior board order entered under this section or | 573 |
upon the board's jurisdiction to take action under this section | 574 |
if, based upon a plea of guilty, a judicial finding of guilt, or a | 575 |
judicial finding of eligibility for intervention in lieu of | 576 |
conviction, the board issued a notice of opportunity for a hearing | 577 |
prior to the court's order to seal the records. The board shall | 578 |
not be required to seal, destroy, redact, or otherwise modify its | 579 |
records to reflect the court's sealing of conviction records. | 580 |
(F)(1) The board shall investigate evidence that appears to | 581 |
show that a person has violated any provision of this chapter or | 582 |
any rule adopted under it. Any person may report to the board in a | 583 |
signed writing any information that the person may have that | 584 |
appears to show a violation of any provision of this chapter or | 585 |
any rule adopted under it. In the absence of bad faith, any person | 586 |
who reports information of that nature or who testifies before the | 587 |
board in any adjudication conducted under Chapter 119. of the | 588 |
Revised Code shall not be liable in damages in a civil action as a | 589 |
result of the report or testimony. Each complaint or allegation of | 590 |
a violation received by the board shall be assigned a case number | 591 |
and shall be recorded by the board. | 592 |
(2) Investigations of alleged violations of this chapter or | 593 |
any rule adopted under it shall be supervised by the supervising | 594 |
member elected by the board in accordance with section 4731.02 of | 595 |
the Revised Code and by the secretary as provided in section | 596 |
4731.39 of the Revised Code. The president may designate another | 597 |
member of the board to supervise the investigation in place of the | 598 |
supervising member. No member of the board who supervises the | 599 |
investigation of a case shall participate in further adjudication | 600 |
of the case. | 601 |
(3) In investigating a possible violation of this chapter or | 602 |
any rule adopted under this chapter, or in conducting an | 603 |
inspection under division (E) of section 4731.054 of the Revised | 604 |
Code, the board may question witnesses, conduct interviews, | 605 |
administer oaths, order the taking of depositions, inspect and | 606 |
copy any books, accounts, papers, records, or documents, issue | 607 |
subpoenas, and compel the attendance of witnesses and production | 608 |
of books, accounts, papers, records, documents, and testimony, | 609 |
except that a subpoena for patient record information shall not be | 610 |
issued without consultation with the attorney general's office and | 611 |
approval of the secretary and supervising member of the board. | 612 |
(a) Before issuance of a subpoena for patient record | 613 |
information, the secretary and supervising member shall determine | 614 |
whether there is probable cause to believe that the complaint | 615 |
filed alleges a violation of this chapter or any rule adopted | 616 |
under it and that the records sought are relevant to the alleged | 617 |
violation and material to the investigation. The subpoena may | 618 |
apply only to records that cover a reasonable period of time | 619 |
surrounding the alleged violation. | 620 |
(c) A subpoena issued by the board may be served by a | 625 |
sheriff, the sheriff's deputy, or a board employee designated by | 626 |
the board. Service of a subpoena issued by the board may be made | 627 |
by delivering a copy of the subpoena to the person named therein, | 628 |
reading it to the person, or leaving it at the person's usual | 629 |
place of residence, usual place of business, or address on file | 630 |
with the board. When serving a subpoena to an applicant for or the | 631 |
holder of a certificate issued under this chapter, service of the | 632 |
subpoena may be made by certified mail, return receipt requested, | 633 |
and the subpoena shall be deemed served on the date delivery is | 634 |
made or the date the person refuses to accept delivery. If the | 635 |
person being served refuses to accept the subpoena or is not | 636 |
located, service may be made to an attorney who notifies the board | 637 |
that the attorney is representing the person. | 638 |
The board shall conduct all investigations or inspections and | 651 |
proceedings in a manner that protects the confidentiality of | 652 |
patients and persons who file complaints with the board. The board | 653 |
shall not make public the names or any other identifying | 654 |
information about patients or complainants unless proper consent | 655 |
is given or, in the case of a patient, a waiver of the patient | 656 |
privilege exists under division (B) of section 2317.02 of the | 657 |
Revised Code, except that consent or a waiver of that nature is | 658 |
not required if the board possesses reliable and substantial | 659 |
evidence that no bona fide physician-patient relationship exists. | 660 |
The board may share any information it receives pursuant to | 661 |
an investigation or inspection, including patient records and | 662 |
patient record information, with law enforcement agencies, other | 663 |
licensing boards, and other governmental agencies that are | 664 |
prosecuting, adjudicating, or investigating alleged violations of | 665 |
statutes or administrative rules. An agency or board that receives | 666 |
the information shall comply with the same requirements regarding | 667 |
confidentiality as those with which the state medical board must | 668 |
comply, notwithstanding any conflicting provision of the Revised | 669 |
Code or procedure of the agency or board that applies when it is | 670 |
dealing with other information in its possession. In a judicial | 671 |
proceeding, the information may be admitted into evidence only in | 672 |
accordance with the Rules of Evidence, but the court shall require | 673 |
that appropriate measures are taken to ensure that confidentiality | 674 |
is maintained with respect to any part of the information that | 675 |
contains names or other identifying information about patients or | 676 |
complainants whose confidentiality was protected by the state | 677 |
medical board when the information was in the board's possession. | 678 |
Measures to ensure confidentiality that may be taken by the court | 679 |
include sealing its records or deleting specific information from | 680 |
its records. | 681 |
The board shall issue a written order of suspension by | 711 |
certified mail or in person in accordance with section 119.07 of | 712 |
the Revised Code. The order shall not be subject to suspension by | 713 |
the court during pendency of any appeal filed under section 119.12 | 714 |
of the Revised Code. If the individual subject to the summary | 715 |
suspension requests an adjudicatory hearing by the board, the date | 716 |
set for the hearing shall be within fifteen days, but not earlier | 717 |
than seven days, after the individual requests the hearing, unless | 718 |
otherwise agreed to by both the board and the individual. | 719 |
Any summary suspension imposed under this division shall | 720 |
remain in effect, unless reversed on appeal, until a final | 721 |
adjudicative order issued by the board pursuant to this section | 722 |
and Chapter 119. of the Revised Code becomes effective. The board | 723 |
shall issue its final adjudicative order within seventy-five days | 724 |
after completion of its hearing. A failure to issue the order | 725 |
within seventy-five days shall result in dissolution of the | 726 |
summary suspension order but shall not invalidate any subsequent, | 727 |
final adjudicative order. | 728 |
(H) If the board takes action under division (B)(9), (11), or | 729 |
(13) of this section and the judicial finding of guilt, guilty | 730 |
plea, or judicial finding of eligibility for intervention in lieu | 731 |
of conviction is overturned on appeal, upon exhaustion of the | 732 |
criminal appeal, a petition for reconsideration of the order may | 733 |
be filed with the board along with appropriate court documents. | 734 |
Upon receipt of a petition of that nature and supporting court | 735 |
documents, the board shall reinstate the individual's certificate | 736 |
to practice. The board may then hold an adjudication under Chapter | 737 |
119. of the Revised Code to determine whether the individual | 738 |
committed the act in question. Notice of an opportunity for a | 739 |
hearing shall be given in accordance with Chapter 119. of the | 740 |
Revised Code. If the board finds, pursuant to an adjudication held | 741 |
under this division, that the individual committed the act or if | 742 |
no hearing is requested, the board may order any of the sanctions | 743 |
identified under division (B) of this section. | 744 |
(I) The certificate to practice issued to an individual under | 745 |
this chapter and the individual's practice in this state are | 746 |
automatically suspended as of the date of the individual's second | 747 |
or subsequent plea of guilty to, or judicial finding of guilt of, | 748 |
a violation of section 2919.123 of the Revised Code, or the date | 749 |
the individual pleads guilty to, is found by a judge or jury to be | 750 |
guilty of, or is subject to a judicial finding of eligibility for | 751 |
intervention in lieu of conviction in this state or treatment or | 752 |
intervention in lieu of conviction in another jurisdiction for any | 753 |
of the following criminal offenses in this state or a | 754 |
substantially equivalent criminal offense in another jurisdiction: | 755 |
aggravated murder, murder, voluntary manslaughter, felonious | 756 |
assault, kidnapping, rape, sexual battery, gross sexual | 757 |
imposition, aggravated arson, aggravated robbery, or aggravated | 758 |
burglary. Continued practice after suspension shall be considered | 759 |
practicing without a certificate. | 760 |
(1) If the automatic suspension under this division is for a | 768 |
second or subsequent plea of guilty to, or judicial finding of | 769 |
guilt of, a violation of section 2919.123 of the Revised Code, the | 770 |
board shall enter an order suspending the individual's certificate | 771 |
to practice for a period of at least one year or, if determined | 772 |
appropriate by the board, imposing a more serious sanction | 773 |
involving the individual's certificate to practice. | 774 |
(J) If the board is required by Chapter 119. of the Revised | 778 |
Code to give notice of an opportunity for a hearing and if the | 779 |
individual subject to the notice does not timely request a hearing | 780 |
in accordance with section 119.07 of the Revised Code, the board | 781 |
is not required to hold a hearing, but may adopt, by an | 782 |
affirmative vote of not fewer than six of its members, a final | 783 |
order that contains the board's findings. In that final order, the | 784 |
board may order any of the sanctions identified under division (A) | 785 |
or (B) of this section. | 786 |
(K) Any action taken by the board under division (B) of this | 787 |
section resulting in a suspension from practice shall be | 788 |
accompanied by a written statement of the conditions under which | 789 |
the individual's certificate to practice may be reinstated. The | 790 |
board shall adopt rules governing conditions to be imposed for | 791 |
reinstatement. Reinstatement of a certificate suspended pursuant | 792 |
to division (B) of this section requires an affirmative vote of | 793 |
not fewer than six members of the board. | 794 |
(L) When the board refuses to grant a certificate to an | 795 |
applicant, revokes an individual's certificate to practice, | 796 |
refuses to register an applicant, or refuses to reinstate an | 797 |
individual's certificate to practice, the board may specify that | 798 |
its action is permanent. An individual subject to a permanent | 799 |
action taken by the board is forever thereafter ineligible to hold | 800 |
a certificate to practice and the board shall not accept an | 801 |
application for reinstatement of the certificate or for issuance | 802 |
of a new certificate. | 803 |
(1) The surrender of a certificate issued under this chapter | 806 |
shall not be effective unless or until accepted by the board. A | 807 |
telephone conference call may be utilized for acceptance of the | 808 |
surrender of an individual's certificate to practice. The | 809 |
telephone conference call shall be considered a special meeting | 810 |
under division (F) of section 121.22 of the Revised Code. | 811 |
Reinstatement of a certificate surrendered to the board requires | 812 |
an affirmative vote of not fewer than six members of the board. | 813 |
(O) Under the board's investigative duties described in this | 835 |
section and subject to division (F) of this section, the board | 836 |
shall develop and implement a quality intervention program | 837 |
designed to improve through remedial education the clinical and | 838 |
communication skills of individuals authorized under this chapter | 839 |
to practice medicine and surgery, osteopathic medicine and | 840 |
surgery, and podiatric medicine and surgery. In developing and | 841 |
implementing the quality intervention program, the board may do | 842 |
all of the following: | 843 |
(2) An applicant seeking issuance of a certificate pursuant | 869 |
to section 4731.17, 4731.29, 4731.295, 4731.57, or 4731.571 of the | 870 |
Revised Code who for more than two years has not been engaged in | 871 |
the practice of medicine and surgery, osteopathic medicine and | 872 |
surgery, podiatric medicine and surgery, or a limited branch of | 873 |
medicine as any of the following: | 874 |
Sec. 4731.225. (A) If the holder of a certificate issued | 912 |
under this chapter violates division (A), (B), or (C) of section | 913 |
4731.66 or section 4731.69 of the Revised Code, or if any other | 914 |
person violates division (B) or (C) of section 4731.66 or section | 915 |
4731.69 of the Revised Code, the state medical board, pursuant to | 916 |
an adjudication under Chapter 119. of the Revised Code and an | 917 |
affirmative vote of not fewer than six of its members, shall: | 918 |
(B) If the holder of a certificate issued under this chapter | 925 |
violates any section of this chapter other than section 4731.281 | 926 |
of the Revised Code or the sections specified in division (A) of | 927 |
this section, or violates any rule adopted under this chapter, the | 928 |
board may, pursuant to an adjudication under Chapter 119. of the | 929 |
Revised Code and an affirmative vote of not fewer than six of its | 930 |
members, impose a civil penalty of not more than twenty thousand | 931 |
dollars. The civil penalty may be in addition to any other action | 932 |
the board may take under section 4731.22 of the Revised Code. | 933 |
Sec. 4731.281. (A) On or before the deadline established | 937 |
under division (B) of this section for applying for renewal of a | 938 |
certificate of registration, each person holding a certificate | 939 |
under this chapter to practice medicine and surgery, osteopathic | 940 |
medicine and surgery, or podiatric medicine and surgery shall | 941 |
certify to the state medical board that in the preceding two years | 942 |
the person has completed one hundred hours of continuing medical | 943 |
education. The certification shall be made upon the application | 944 |
for biennial registration submitted pursuant to division (B) of | 945 |
this section. The board shall adopt rules providing for pro rata | 946 |
reductions by month of the number of hours of continuing education | 947 |
required for persons who are in their first registration period, | 948 |
who have been disabled due to illness or accident, or who have | 949 |
been absent from the country. | 950 |
In determining whether a course, program, or activity | 951 |
qualifies for credit as continuing medical education, the board | 952 |
shall approve all continuing medical education taken by persons | 953 |
holding a certificate to practice medicine and surgery that is | 954 |
certified by the Ohio state medical association, all continuing | 955 |
medical education taken by persons holding a certificate to | 956 |
practice osteopathic medicine and surgery that is certified by the | 957 |
Ohio osteopathic association, and all continuing medical education | 958 |
taken by persons holding a certificate to practice podiatric | 959 |
medicine and surgery that is certified by the Ohio podiatric | 960 |
medical association. Each person holding a certificate to practice | 961 |
under this chapter shall be given sufficient choice of continuing | 962 |
education programs to ensure that the person has had a reasonable | 963 |
opportunity to participate in continuing education programs that | 964 |
are relevant to the person's medical practice in terms of subject | 965 |
matter and level. | 966 |
(B)(1) Every person holding a certificate under this chapter | 973 |
to practice medicine and surgery, osteopathic medicine and | 974 |
surgery, or podiatric medicine and surgery wishing to renew that | 975 |
certificate shall apply to the board for a certificate of | 976 |
registration upon an application furnished by the board, and pay | 977 |
to the board at the time of application a fee of three hundred | 978 |
five dollars, according to the following schedule: | 979 |
(2) The board shall mail or cause to be mailed to every | 1009 |
person registered to practice medicine and surgery, osteopathic | 1010 |
medicine and surgery, or podiatric medicine and surgery, a notice | 1011 |
of registration renewal addressed to the person's last known | 1012 |
address or may cause the notice to be sent to the person through | 1013 |
the secretary of any recognized medical, osteopathic, or podiatric | 1014 |
society, according to the following schedule: | 1015 |
The notice shall inform the applicant of the renewal | 1043 |
procedure. The board shall provide the application for | 1044 |
registration renewal in a form determined by the board. The | 1045 |
applicant shall provide in the application the applicant's full | 1046 |
name, principal practice address and residence address, the number | 1047 |
of the applicant's certificate to practice, and any other | 1048 |
information required by the board. The applicant shall include | 1049 |
with the application a list of the names and addresses of any | 1050 |
clinical nurse specialists, certified nurse-midwives, or certified | 1051 |
nurse practitioners with whom the applicant is currently | 1052 |
collaborating, as defined in section 4723.01 of the Revised Code. | 1053 |
The applicant shall execute and deliver the application to the | 1054 |
board in a manner prescribed by the board. Every person registered | 1055 |
under this section shall give written notice to the board of any | 1056 |
change of principal practice address or residence address or in | 1057 |
the list within thirty days of the change. | 1058 |
(D) Failure of any certificate holder to register and comply | 1071 |
with this section shall operate automatically to suspend the | 1072 |
holder's certificate to practice. Continued practice after the | 1073 |
suspension of the certificate to practice shall be considered as | 1074 |
practicing in violation of section 4731.41, 4731.43, or 4731.60 of | 1075 |
the Revised Code. If the certificate has been suspended pursuant | 1076 |
to this division for two years or less, it may be reinstated. The | 1077 |
board shall reinstate a certificate to practice suspended for | 1078 |
failure to register upon an applicant's submission of a renewal | 1079 |
application, the biennial registration fee, and the applicable | 1080 |
monetary penalty. The penalty for reinstatement shall be fifty | 1081 |
dollars. If the certificate has been suspended pursuant to this | 1082 |
division for more than two years, it may be restored. Subject to | 1083 |
section 4731.222 of the Revised Code, the board may restore a | 1084 |
certificate to practice suspended for failure to register upon an | 1085 |
applicant's submission of a restoration application, the biennial | 1086 |
registration fee, and the applicable monetary penalty and | 1087 |
compliance with sections 4776.01 to 4776.04 of the Revised Code. | 1088 |
The board shall not restore to an applicant a certificate to | 1089 |
practice unless the board, in its discretion, decides that the | 1090 |
results of the criminal records check do not make the applicant | 1091 |
ineligible for a certificate issued pursuant to section 4731.14, | 1092 |
4731.56, or 4731.57 of the Revised Code. The penalty for | 1093 |
restoration shall be one hundred dollars. The board shall deposit | 1094 |
the penalties in accordance with section 4731.24 of the Revised | 1095 |
Code.
| 1096 |
(E) If an individual certifies completion of the number of | 1097 |
hours and type of continuing medical education required to receive | 1098 |
a certificate of registration or reinstatement of a certificate to | 1099 |
practice, and the board finds through the random samples it | 1100 |
conducts under this section or through any other means that the | 1101 |
individual did not complete the requisite continuing medical | 1102 |
education, theThe board may impose a civil penalty of not more | 1103 |
than five thousand dollars if, through a random sample it conducts | 1104 |
under this section or through any other means, it finds that an | 1105 |
individual certified that the individual completed the number of | 1106 |
hours and type of continuing medical education required for | 1107 |
renewal of a certificate of registration when the individual did | 1108 |
not fulfill the requirement. The board's finding shall be made | 1109 |
pursuant to an adjudication under Chapter 119. of the Revised Code | 1110 |
and by an affirmative vote of not fewer than six members. | 1111 |
(F)Pursuant to section 4731.22 of the Revised Code, the | 1118 |
board may suspend an individual's certificate to practice for | 1119 |
failure to register and comply with this section. If an individual | 1120 |
continues to practice after suspension, that activity constitutes | 1121 |
practicing in violation of section 4731.41 or 4731.60 of the | 1122 |
Revised Code. If the certificate has been suspended for two years | 1123 |
or less, it may be reinstated. The board shall reinstate a | 1124 |
certificate to practice for failure to register on an applicant's | 1125 |
submission of a renewal application, the biennial registration | 1126 |
fee, and the applicable monetary penalty. If the certificate has | 1127 |
been suspended for more than two years, it may be restored. | 1128 |
Subject to section 4731.222 of the Revised Code, the board may | 1129 |
restore a certificate to practice suspended for failure to | 1130 |
register on an applicant's submission of a restoration | 1131 |
application, the biennial registration fee, and the applicable | 1132 |
monetary penalty and compliance with sections 4776.01 to 4776.04 | 1133 |
of the Revised Code. The board shall not restore to an applicant a | 1134 |
certificate to practice unless the board, in its discretion, | 1135 |
decides that the results of the criminal records check required by | 1136 |
section 4776.02 of the Revised Code do not make the applicant | 1137 |
ineligible for a certificate issued pursuant to section 4731.14, | 1138 |
4731.56, or 4731.57 of the Revised Code. | 1139 |
Sec. 4760.133. If an anesthesiologist assistant violates any | 1158 |
section of this chapter or any rule adopted under this chapter, | 1159 |
the state medical board may, pursuant to an adjudication under | 1160 |
Chapter 119. of the Revised Code and an affirmative vote of not | 1161 |
fewer than six of its members, impose a civil penalty of not more | 1162 |
than twenty thousand dollars. The civil penalty may be in addition | 1163 |
to any other action the board may take under section 4760.13 of | 1164 |
the Revised Code. | 1165 |
Sec. 4762.133. If an oriental medicine practitioner or | 1169 |
acupuncturist violates any section of this chapter or any rule | 1170 |
adopted under this chapter, the state medical board may, pursuant | 1171 |
to an adjudication under Chapter 119. of the Revised Code and an | 1172 |
affirmative vote of not fewer than six of its members, impose a | 1173 |
civil penalty of not more than twenty thousand dollars. The civil | 1174 |
penalty may be in addition to any other action the board may take | 1175 |
under section 4762.13 of the Revised Code. | 1176 |
Sec. 4774.133. If a radiologist assistant violates any | 1180 |
section of this chapter or any rule adopted under this chapter, | 1181 |
the state medical board may, pursuant to an adjudication under | 1182 |
Chapter 119. of the Revised Code and an affirmative vote of not | 1183 |
fewer than six of its members, impose a civil penalty of not more | 1184 |
than twenty thousand dollars. The civil penalty may be in addition | 1185 |
to any other action the board may take under section 4774.13 of | 1186 |
the Revised Code. | 1187 |
If a genetic counselor certifies that the genetic counselor | 1223 |
has completed the number of hours and type of continuing education | 1224 |
required for renewal of a license, and the board finds through the | 1225 |
random sample or any other means that the genetic counselor did | 1226 |
not complete the requisite continuing education, the board may | 1227 |
impose a civil penalty of not more than five thousand dollars. The | 1228 |
board's finding shall be made pursuant to an adjudication under | 1229 |
Chapter 119. of the Revised Code and by an affirmative vote of not | 1230 |
fewer than six members. A | 1231 |
Sec. 4778.141. If a genetic counselor violates any section | 1237 |
of this chapter other than section 4778.06 of the Revised Code or | 1238 |
violates any rule adopted under this chapter, the state medical | 1239 |
board may, pursuant to an adjudication under Chapter 119. of the | 1240 |
Revised Code and an affirmative vote of not fewer than six of its | 1241 |
members, impose a civil penalty of not more than twenty thousand | 1242 |
dollars. The civil penalty may be in addition to any other action | 1243 |
the board may take under section 4778.14 of the Revised Code. | 1244 |