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

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 552

Representative Stautberg 

Cosponsors: Representatives Beck, Becker, Driehaus, Grossman, Milkovich, Rosenberger, Ruhl, Slaby, Stinziano, Bishoff, Brown, Sprague, Wachtmann, Amstutz, Anielski, Antonio, Ashford, Baker, Barborak, Blessing, Boose, Boyce, Buchy, Butler, Carney, Celebrezze, Cera, Conditt, Curtin, Damschroder, Derickson, DeVitis, Dovilla, Duffey, Fedor, Gerberry, Green, Hackett, Hagan, C., Hall, Hayes, Huffman, Johnson, Kunze, Landis, Letson, Lundy, Maag, Mallory, McClain, McGregor, O'Brien, Patterson, Pelanda, Perales, Reece, Roegner, Rogers, Romanchuk, Schuring, Sears, Sheehy, Smith, Strahorn, Terhar, Thompson, Williams, Winburn Speaker Batchelder 

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A BILL

To amend sections 2925.02, 3701.63, 3701.64, 3719.01,

1

3719.061, 4715.14, 4715.30, 4723.28, 4723.481,

2

4723.486, 4725.16, 4725.19, 4729.12, 4729.16,

3

4729.18, 4729.85, 4729.86, 4730.25, 4730.41,

4

4730.48, 4731.22, 4731.281, 4773.03, 4773.08,

5

5165.08, 5165.513, 5165.515, and 5165.99; to enact

6

sections 3701.66, 3701.67, 3701.68, and 3701.69;

7

and to repeal sections 4715.15, 4723.433,

8

4730.093, and 4731.77 of the Revised Code to

9

create the Commission on Infant Mortality and

10

require the establishment of infant safe sleep

11

procedures and policies; to modify the offense of

12

"corrupting another with drugs"; to require the

13

State Board of Pharmacy to prepare semiannual

14

reports on opioid prescriptions; to revise the

15

laws governing the Ohio Automated Rx Reporting

16

System and opioid prescriptions issued for minors;

17

to require under certain conditions the

18

reinstatement of inactive licenses to practice

19

certain radiologic professions; to eliminate

20

requirements regarding patient notice of the

21

limits of Lyme disease testing; to retain certain

22

laws regarding nursing facilities' admission

23

policies and exclusions of parts of nursing

24

facilities from Medicaid provider agreements; to

25

require the distribution of information on Down

26

Syndrome under certain conditions; to amend the

27

versions of sections 4715.30, 4715.302, 4723.28,

28

4723.487, 4725.092, 4725.19, 4730.25, 4730.53,

29

4731.055, and 4731.22 of the Revised Code that are

30

scheduled to take effect April 1, 2015, to

31

continue the provisions of this act on and after

32

that effective date; and to declare an emergency.

33

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

Section 1. That sections 2925.02, 3701.63, 3701.64, 3719.01,	34
3719.061, 4715.14, 4715.30, 4723.28, 4723.481, 4723.486, 4725.16,	35
4725.19, 4729.12, 4729.16, 4729.18, 4729.85, 4729.86, 4730.25,	36
4730.41, 4730.48, 4731.22, 4731.281, 4773.03, 4773.08, 5165.08,	37
5165.513, 5165.515, and 5165.99 be amended and sections 3701.66,	38
3701.67, 3701.68, and 3701.69 of the Revised Code be enacted to	39
read as follows:	40

Sec. 2925.02.  (A) No person shall knowingly do any of the	41
following:	42

(1) By force, threat, or deception, administer to another or	43
induce or cause another to use a controlled substance;	44

(2) By any means, administer or furnish to another or induce	45
or cause another to use a controlled substance with purpose to	46
cause serious physical harm to the other person, or with purpose	47
to cause the other person to become drug dependent;	48

(3) By any means, administer or furnish to another or induce	49
or cause another to use a controlled substance, and thereby cause	50
serious physical harm to the other person, or cause the other	51
person to become drug dependent;	52

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

53

(a) Furnish or administer a controlled substance to a	54
juvenile who is at least two years the offender's junior, when the	55
offender knows the age of the juvenile or is reckless in that	56
regard;	57

(b) Induce or cause a juvenile who is at least two years the	58
offender's junior to use a controlled substance, when the offender	59
knows the age of the juvenile or is reckless in that regard;	60

(c) Induce or cause a juvenile who is at least two years the	61
offender's junior to commit a felony drug abuse offense, when the	62
offender knows the age of the juvenile or is reckless in that	63
regard;	64

(d) Use a juvenile, whether or not the offender knows the age	65
of the juvenile, to perform any surveillance activity that is	66
intended to prevent the detection of the offender or any other	67
person in the commission of a felony drug abuse offense or to	68
prevent the arrest of the offender or any other person for the	69
commission of a felony drug abuse offense.	70

(5) By any means, furnish or administer a controlled	71
substance to a pregnant woman or induce or cause a pregnant woman	72
to use a controlled substance, when the offender knows that the	73
woman is pregnant or is reckless in that regard.	74

(B) Division (A)(1), (3), or (4), or (5) of this section does	75
not apply to manufacturers, wholesalers, licensed health	76
professionals authorized to prescribe drugs, pharmacists, owners	77
of pharmacies, and other persons whose conduct is in accordance	78
with Chapters 3719., 4715., 4723., 4729., 4730., 4731., and 4741.	79
of the Revised Code.	80

(C) Whoever violates this section is guilty of corrupting	81
another with drugs. The penalty for the offense shall be	82
determined as follows:	83

(1) Except as otherwise provided in this division, ifIf the	84
offense is a violation of division (A)(1), (2), (3), or (4) of	85
this section and the drug involved is any compound, mixture,	86
preparation, or substance included in schedule I or II, with the	87
exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	88
1-Butyl-3-(1-naphthoyl)indole,	89
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	90
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	91
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, the	92
offender shall be punished as follows:	93

(a) Except as otherwise provided in division (C)(1)(b) of	94
this section, corrupting another with drugs committed in those	95
circumstances is a felony of the second degree, and, subject to	96
division (E) of this section, the court shall impose as a	97
mandatory prison term one of the prison terms prescribed for a	98
felony of the second degree. If the drug involved is any compound,	99
mixture, preparation, or substance included in schedule I or II,	100
with the exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	101
1-Butyl-3-(1-naphthoyl)indole,	102
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	103
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	104
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	105
if	106

(b) If the offense was committed in the vicinity of a school,	107
corrupting another with drugs committed in those circumstances is	108
a felony of the first degree, and, subject to division (E) of this	109
section, the court shall impose as a mandatory prison term one of	110
the prison terms prescribed for a felony of the first degree.	111

(2) Except as otherwise provided in this division, ifIf the	112
offense is a violation of division (A)(1), (2), (3), or (4) of	113
this section and the drug involved is any compound, mixture,	114
preparation, or substance included in schedule III, IV, or V, the	115
offender shall be punished as follows:	116

(a) Except as otherwise provided in division (C)(2)(b) of	117
this section, corrupting another with drugs committed in those	118
circumstances is a felony of the second degree, and there is a	119
presumption for a prison term for the offense. If the drug	120
involved is any compound, mixture, preparation, or substance	121
included in schedule III, IV, or V and if	122

(b) If the offense was committed in the vicinity of a school,	123
corrupting another with drugs committed in those circumstances is	124
a felony of the second degree, and the court shall impose as a	125
mandatory prison term one of the prison terms prescribed for a	126
felony of the second degree.	127

(3) Except as otherwise provided in this division, ifIf the	128
offense is a violation of division (A)(1), (2), (3), or (4) of	129
this section and the drug involved is marihuana,	130
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	131
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	132
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	133
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, the	134
offender shall be punished as follows:	135

(a) Except as otherwise provided in division (C)(3)(b) of	136
this section, corrupting another with drugs committed in those	137
circumstances is a felony of the fourth degree, and division (C)	138
of section 2929.13 of the Revised Code applies in determining	139
whether to impose a prison term on the offender. If the drug	140
involved is marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	141
1-Butyl-3-(1-naphthoyl)indole,	142
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	143
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	144
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	145
if	146

(b) If the offense was committed in the vicinity of a school,	147
corrupting another with drugs committed in those circumstances is	148
a felony of the third degree, and division (C) of section 2929.13	149
of the Revised Code applies in determining whether to impose a	150
prison term on the offender.	151

(4) If the offense is a violation of division (A)(5) of this	152
section and the drug involved is any compound, mixture,	153
preparation, or substance included in schedule I or II, with the	154
exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	155
1-Butyl-3-(1-naphthoyl)indole,	156
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	157
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	158
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	159
corrupting another with drugs is a felony of the first degree and,	160
subject to division (E) of this section, the court shall impose as	161
a mandatory prison term one of the prison terms prescribed for a	162
felony of the first degree.	163

(5) If the offense is a violation of division (A)(5) of this	164
section and the drug involved is any compound, mixture,	165
preparation, or substance included in schedule III, IV, or V,	166
corrupting another with drugs is a felony of the second degree and	167
the court shall impose as a mandatory prison term one of the	168
prison terms prescribed for a felony of the second degree.	169

(6) If the offense is a violation of division (A)(5) of this	170
section and the drug involved is marihuana,	171
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	172
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	173
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	174
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	175
corrupting another with drugs is a felony of the third degree and	176
division (C) of section 2929.13 of the Revised Code applies in	177
determining whether to impose a prison term on the offender.	178

(D) In addition to any prison term authorized or required by	179
division (C) or (E) of this section and sections 2929.13 and	180
2929.14 of the Revised Code and in addition to any other sanction	181
imposed for the offense under this section or sections 2929.11 to	182
2929.18 of the Revised Code, the court that sentences an offender	183
who is convicted of or pleads guilty to a violation of division	184
(A) of this section or the clerk of that court shall do all of the	185
following that are applicable regarding the offender:	186

(1)(a) If the violation is a felony of the first, second, or	187
third degree, the court shall impose upon the offender the	188
mandatory fine specified for the offense under division (B)(1) of	189
section 2929.18 of the Revised Code unless, as specified in that	190
division, the court determines that the offender is indigent.	191

(b) Notwithstanding any contrary provision of section 3719.21	192
of the Revised Code, any mandatory fine imposed pursuant to	193
division (D)(1)(a) of this section and any fine imposed for a	194
violation of this section pursuant to division (A) of section	195
2929.18 of the Revised Code shall be paid by the clerk of the	196
court in accordance with and subject to the requirements of, and	197
shall be used as specified in, division (F) of section 2925.03 of	198
the Revised Code.	199

(c) If a person is charged with any violation of this section	200
that is a felony of the first, second, or third degree, posts	201
bail, and forfeits the bail, the forfeited bail shall be paid by	202
the clerk of the court pursuant to division (D)(1)(b) of this	203
section as if it were a fine imposed for a violation of this	204
section.	205

(2) The court shall suspend for not less than six months nor	206
more than five years the offender's driver's or commercial	207
driver's license or permit. If an offender's driver's or	208
commercial driver's license or permit is suspended pursuant to	209
this division, the offender, at any time after the expiration of	210
two years from the day on which the offender's sentence was	211
imposed or from the day on which the offender finally was released	212
from a prison term under the sentence, whichever is later, may	213
file a motion with the sentencing court requesting termination of	214
the suspension. Upon the filing of the motion and the court's	215
finding of good cause for the termination, the court may terminate	216
the suspension.	217

(3) If the offender is a professionally licensed person, in	218
addition to any other sanction imposed for a violation of this	219
section, the court immediately shall comply with section 2925.38	220
of the Revised Code.	221

(E) Notwithstanding the prison term otherwise authorized or	222
required for the offense under division (C) of this section and	223
sections 2929.13 and 2929.14 of the Revised Code, if the violation	224
of division (A) of this section involves the sale, offer to sell,	225
or possession of a schedule I or II controlled substance, with the	226
exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	227
1-Butyl-3-(1-naphthoyl)indole,	228
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	229
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	230
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	231
if the court imposing sentence upon the offender finds that the	232
offender as a result of the violation is a major drug offender and	233
is guilty of a specification of the type described in section	234
2941.1410 of the Revised Code, the court, in lieu of the prison	235
term that otherwise is authorized or required, shall impose upon	236
the offender the mandatory prison term specified in division	237
(B)(3)(a) of section 2929.14 of the Revised Code.	238

Sec. 3701.63. (A) As used in this section and section	239
sections 3701.64, 3701.66, and 3701.67 of the Revised Code:	240

(1) "Child day-care center," "type A family day-care home,"	241
and "licensed type B family day-care home" have the same meanings	242
as in section 5104.01 of the Revised Code.	243

(2) "Child care facility" means a child day-care center, a	244
type A family day-care home, or a licensed type B family day-care	245
home.	246

(3) "Foster caregiver" has the same meaning as in section	247
5103.02 of the Revised Code.	248

(4) "Freestanding birthing center" has the same meaning as in	249
section 3702.141 of the Revised Code.	250

(4)(5) "Hospital" means a hospital classified pursuant to	251
rules adopted under section 3701.07 of the Revised Code as a	252
general hospital or children's hospital and to which either of the	253
following applies:	254

(a) The hospital has a maternity unit.

255

(b) The hospital receives for care infants who have been	256
transferred to it from other facilities and who have never been	257
discharged to their residences following birth.	258

(5)(6) "Infant" means a child who is less than one year of	259
age.	260

(7) "Maternity unit" means any unit or place inthe distinct	261
portion of a hospital where women are regularly received and	262
provided care during all or part of the maternity cycle, except	263
that "maternity unit" does not include an emergency department or	264
similar place dedicated to providing emergency health care	265
licensed as a maternity unit under Chapter 3711. of the Revised	266
Code.	267

(6)(8) "Other person responsible for the infant" includes a	268
foster caregiver.	269

(9) "Parent" means either parent, unless the parents are	270
separated or divorced or their marriage has been dissolved or	271
annulled, in which case "parent" means the parent who is the	272
residential parent and legal custodian of the child. "Parent" also	273
means a prospective adoptive parent with whom a child is placed.	274

(7)(10) "Shaken baby syndrome" means signs and symptoms,	275
including, but not limited to, retinal hemorrhages in one or both	276
eyes, subdural hematoma, or brain swelling, resulting from the	277
violent shaking or the shaking and impacting of the head of an	278
infant or small child.	279

(B) The director of health shall establish the shaken baby	280
syndrome education program by doing all of the following:	281

(1) By not later than one year after February 29, 2008,	282
developingDeveloping educational materials that present readily	283
comprehendible information on shaken baby syndrome;	284

(2) Making available on the department of health web site in	285
an easily accessible format the educational materials developed	286
under division (B)(1) of this section;	287

(3) Beginning in 2009, annuallyAnnually assessing the	288
effectiveness of the shaken baby syndrome education program by	289
evaluating the reports received pursuant to section 5101.135 of	290
the Revised Code.	291

(C) In meeting the requirements under division (B) of this	292
section, the director shall not develop educational materials that	293
will impose an, to the extent possible, minimize administrative or	294
financial burdenburdens on any of the entities or persons listed	295
in section 3701.64 of the Revised Code.	296

Sec. 3701.64.  (A) A copy of the shaken baby syndrome	297
educational materials developed under section 3701.63 of the	298
Revised Code shall be distributed in the following manner:	299

(1) By child birth educators and the staff of pediatric	300
physicians' offices and obstetriciansobstetricians' offices, to	301
an expectant parent who uses their services;	302

(2) By the staff of pediatric physicians' offices, to any of	303
the following who use their services: an infant's parent,	304
guardian, or other person responsible for the infant;	305

(3) By the staff of a hospital or freestanding birthing	306
center in which a child is born, to the child'san infant's	307
parent, guardian, or other person responsible for the infant,	308
before the child is discharged from the facility to the infant's	309
residence following birth;	310

(3)(4) By the staff of the "help me grow" program established	311
pursuant to section 3701.61 of the Revised Code, to the child'san	312
infant's parent, guardian, or other person responsible for the	313
infant, during home-visiting services conducted in accordance with	314
that section;	315

(4)(5) By each child care facility operating in this state,	316
to each of its employees;	317

(6) By a public children services agency, when the agency has	318
initial contact with an infant's parent, guardian, or other person	319
responsible for the infant.	320

(B) EachAn entity andor person required to distribute	321
educational materials pursuant to division (A) of this section is	322
immune from anynot liable for damages in a civil and criminal	323
liabilityaction for injury, death, or loss to person or property	324
resultingthat allegedly arises from an act or omission associated	325
with the dissemination of, or failure to disseminate, those	326
educational materials unless the act or omission constitutes	327
willful or wanton misconduct.	328

An entity or person required to distribute educational	329
materials in accordance with division (A) of this section is not	330
subject to criminal prosecution or, to the extent that a person is	331
regulated under Title XLVII of the Revised Code, professional	332
disciplinary action under that title, for an act or omission	333
associated with the dissemination of those educational materials.	334

This division does not eliminate, limit, or reduce any other	335
immunity or defense that an entity or person may be entitled to	336
under Chapter 2744. of the Revised Code, or any other provision of	337
the Revised Code, or the common law of this state.	338

Sec. 3701.66.  (A) As used in this section, "sudden	339
unexpected infant death" means the death of an infant that occurs	340
suddenly and unexpectedly, the cause of which is not immediately	341
obvious prior to investigation.	342

(B) The department of health shall establish the safe sleep	343
education program by doing all of the following:	344

(1) By not later than sixty days after the effective date of	345
this section, developing educational materials that present	346
readily comprehendible information on safe sleeping practices for	347
infants and possible causes of sudden unexpected infant death;	348

(2) Making available on the department's internet web site in	349
an easily accessible format the educational materials developed	350
under division (B)(1) of this section;	351

(3) Beginning in 2015, annually assessing the effectiveness	352
of the safe sleep education program by evaluating the reports	353
submitted by child fatality review boards to the department	354
pursuant to section 307.626 of the Revised Code.	355

(C) In meeting the requirements under division (B) of this	356
section, the department shall develop educational materials that,	357
to the extent possible, minimize administrative or financial	358
burdens on any of the entities or persons required by division (D)	359
of this section to distribute the materials.	360

(D) A copy of the safe sleep educational materials developed	361
under this section shall be distributed by entities and persons	362
with and in the same manner as the shaken baby syndrome	363
educational materials are distributed pursuant to section 3701.64	364
of the Revised Code.	365

An entity or person required to distribute the educational	366
materials is not liable for damages in a civil action for injury,	367
death, or loss to person or property that allegedly arises from an	368
act or omission associated with the dissemination of those	369
educational materials unless the act or omission constitutes	370
willful or wanton misconduct.	371

An entity or person required to distribute the educational	372
materials is not subject to criminal prosecution or, to the extent	373
that a person is regulated under Title XLVII of the Revised Code,	374
professional disciplinary action under that title, for an act or	375
omission associated with the dissemination of those educational	376
materials.	377

This division does not eliminate, limit, or reduce any other	378
immunity or defense that an entity or person may be entitled to	379
under Chapter 2744. of the Revised Code, or any other provision of	380
the Revised Code, or the common law of this state.	381

(E) Each entity or person that is required to distribute the	382
educational materials and has infants regularly sleeping at a	383
facility or location under the entity's or person's control shall	384
adopt an internal infant safe sleep policy. The policy shall	385
specify when and to whom educational materials on infant safe	386
sleep practices are to be delivered to individuals working or	387
volunteering at the facility or location and be consistent with	388
the model internal infant safe sleep policy adopted under division	389
(F) of this section.	390

(F) The director of health shall adopt a model internal	391
infant safe sleep policy for use by entities and persons that must	392
comply with division (E) of this section. The policy shall specify	393
safe infant sleep practices, include images depicting safe infant	394
sleep practices, and specify sample content for an infant safe	395
sleep education program that entities and persons may use when	396
conducting new staff orientation programs.	397

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

398

(1) "Contractor" means a person who provides personal	399
services pursuant to a contract.	400

(2) "Critical access hospital" means a facility designated as	401
a critical access hospital by the director of health under section	402
3701.073 of the Revised Code.	403

(3) "Crib" includes a portable play yard or other suitable	404
sleeping place.	405

(B) Each hospital and freestanding birthing center shall	406
implement an infant safe sleep screening procedure. The purpose of	407
the procedure is to determine whether there will be a safe crib	408
for an infant to sleep in once the infant is discharged from the	409
facility to the infant's residence following birth. The procedure	410
shall consist of questions that facility staff or volunteers must	411
ask the infant's parent, guardian, or other person responsible for	412
the infant regarding the infant's intended sleeping place and	413
environment.	414

The director of health shall develop questions that	415
facilities may use when implementing the infant safe sleep	416
screening procedure required by this division. The director may	417
consult with persons and government entities that have expertise	418
in infant safe sleep practices when developing the questions.	419

(C) If, prior to an infant's discharge from a facility to the	420
infant's residence following birth, a facility other than a	421
critical access hospital or a facility identified under division	422
(D) of this section determines through the procedure implemented	423
under division (B) of this section that the infant is unlikely to	424
have a safe crib at the infant's residence, the facility shall	425
make a good faith effort to arrange for the parent, guardian, or	426
other person responsible for the infant to obtain a safe crib at	427
no charge to that individual. In meeting this requirement, the	428
facility may do any of the following:	429

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

430

(2) Collaborate with or obtain assistance from persons or	431
government entities that are able to procure a safe crib or	432
provide money to purchase a safe crib;	433

(3) Refer the parent, guardian, or other person responsible	434
for the infant to a person or government entity described in	435
division (C)(2) of this section to obtain a safe crib free of	436
charge from that source;	437

(4) If funds are available for the cribs for kids program or	438
a successor program administered by the department of health,	439
refer the parent, guardian, or other person responsible for the	440
infant to a site, designated by the department for purposes of the	441
program, at which a safe crib may be obtained at no charge.	442

(D) The director of health shall identify the facilities in	443
this state that are not critical access hospitals and are not	444
served by a site described in division (C)(4) of this section. The	445
director shall identify not less than annually the facilities that	446
meet both criteria and notify those that do so.	447

(E) When a facility that is a hospital registers with the	448
department of health under section 3701.07 of the Revised Code or	449
a facility that is a freestanding birthing center renews its	450
license in accordance with rules adopted under section 3702.30 of	451
the Revised Code, the facility shall report the following	452
information to the department in a manner the department	453
prescribes:	454

(1) The number of safe cribs that the facility obtained and	455
distributed by using its own resources as described in division	456
(C)(1) of this section since the last time the facility reported	457
this information to the department;	458

(2) The number of safe cribs that the facility obtained and	459
distributed by collaborating with or obtaining assistance from	460
another person or government entity as described in division	461
(C)(2) of this section since the last time the facility reported	462
this information to the department;	463

(3) The number of referrals that the facility made to a	464
person or government entity as described in division (C)(3) of	465
this section since the last time the facility reported this	466
information to the department;	467

(4) The number of referrals that the facility made to a site	468
designated by the department as described in division (C)(4) of	469
this section since the last time the facility reported this	470
information to the department;	471

(5) Demographic information specified by the director of	472
health regarding the individuals to whom safe cribs were	473
distributed as described in division (E)(1) or (2) of this section	474
or for whom a referral described in division (E)(3) or (4) of this	475
section was made;	476

(6) In the case of a critical access hospital or a facility	477
identified under division (D) of this section, demographic	478
information specified by the director of health regarding each	479
parent, guardian, or other person responsible for the infant	480
determined to be unlikely to have a safe crib at the infant's	481
residence pursuant to the procedure implemented under division (B)	482
of this section;	483

(7) Any other information collected by the facility regarding	484
infant sleep environments and intended infant sleep environments	485
that the director determines to be appropriate.	486

(F) Not later than July 1 of each year beginning in 2015, the	487
director of health shall prepare a written report that summarizes	488
the information collected under division (E) of this section for	489
the preceding twelve months and provides any other information the	490
director considers appropriate for inclusion in the report. On	491
completion, the report shall be submitted to the governor and, in	492
accordance with section 101.68 of the Revised Code, the general	493
assembly.	494

(G) A facility, and any employee, contractor, or volunteer of	495
a facility, that implements an infant safe sleep procedure in	496
accordance with division (B) of this section is not liable for	497
damages in a civil action for injury, death, or loss to person or	498
property that allegedly arises from an act or omission associated	499
with implementation of the procedure, unless the act or omission	500
constitutes willful or wanton misconduct.	501

A facility, and any employee, contractor, or volunteer of a	502
facility, that implements an infant safe sleep screening procedure	503
in accordance with division (B) of this section is not subject to	504
criminal prosecution or, to the extent that a person is regulated	505
under Title XLVII of the Revised Code, professional disciplinary	506
action under that title, for an act or omission associated with	507
implementation of the procedure.	508

This division does not eliminate, limit, or reduce any other	509
immunity or defense that a facility, or an employee, contractor,	510
or volunteer of a facility, may be entitled to under Chapter 2744.	511
of the Revised Code, or any other provision of the Revised Code,	512
or the common law of this state.	513

(H) A facility, and any employee, contractor, or volunteer of	514
a facility, is neither liable for damages in a civil action, nor	515
subject to criminal prosecution, for injury, death, or loss to	516
person or property that allegedly arises from a crib obtained by a	517
parent, guardian, or other person responsible for the infant as a	518
result of any action the facility, employee, contractor, or	519
volunteer takes to comply with division (C) of this section.	520

The immunity provided by this division does not require	521
compliance with division (D) of section 2305.37 of the Revised	522
Code.	523

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

524

(1) "Academic medical center" means a medical school and its	525
affiliated teaching hospitals.	526

(2) "State registrar" has the same meaning as in section	527
3705.01 of the Revised Code.	528

(B) There is hereby created the commission on infant	529
mortality. The commission shall do all of the following:	530

(1) Conduct a complete inventory of services provided or	531
administered by the state that are available to address the infant	532
mortality rate in this state;	533

(2) For each service identified under division (B)(1) of this	534
section, determine both of the following:	535

(a) The sources of the funds that are used to pay for the	536
service;	537

(b) Whether the service and its funding sources have a	538
connection with programs provided or administered by local or	539
community-based public or private entities and, to the extent they	540
do not, whether they should.	541

(3) With assistance from academic medical centers, track and	542
analyze infant mortality rates by county for the purpose of	543
determining the impact of state and local initiatives to reduce	544
those rates.	545

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

546

(1) Two members of the senate, one from the majority party	547
and one from the minority party, each appointed by the senate	548
president;	549

(2) Two members of the house of representatives, one from the	550
majority party and one from the minority party, each appointed by	551
the speaker of the house of representatives;	552

(3) The executive director of the office of health	553
transformation or the executive director's designee;	554

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

555

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

556

(6) The executive director of the commission on minority	557
health or the executive director's designee;	558

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

559

(8) A health commissioner of a city or general health	560
district, appointed by the governor;	561

(9) A coroner, deputy coroner, or other person who conducts	562
death scene investigations, appointed by the governor;	563

(10) An individual who represents the Ohio hospital	564
association, appointed by the association's president;	565

(11) An individual who represents the Ohio children's	566
hospital association, appointed by the association's president;	567

(12) Two individuals who represent community-based programs	568
that serve pregnant women or new mothers whose infants tend to be	569
at a higher risk for infant mortality, appointed by the governor.	570

(D) The commission members described in divisions (C)(1),	571
(2), (8), (9), (10), (11), and (12) of this section shall be	572
appointed not later than thirty days after the effective date of	573
this section. An appointed member shall hold office until a	574
successor is appointed. A vacancy shall be filled in the same	575
manner as the original appointment.	576

From among the members, the president of the senate and	577
speaker of the house of representatives shall appoint two to serve	578
as co-chairpersons of the commission.	579

A member shall serve without compensation except to the	580
extent that serving on the commission is considered part of the	581
member's regular duties of employment.	582

(E) The commission may request assistance from the staff of	583
the legislative service commission.	584

(F) For purposes of division (B)(3) of this section, the	585
state registrar shall ensure that the commission and academic	586
medical centers located in this state have access to any	587
electronic system of vital records the state registrar or	588
department of health maintains, including the Ohio public health	589
information warehouse. Not later than six months after the	590
effective date of this section, the commission on infant mortality	591
shall prepare a written report of its findings and recommendations	592
concerning the matters described in division (B) of this section.	593
On completion, the commission shall submit the report to the	594
governor and, in accordance with section 101.68 of the Revised	595
Code, the general assembly.	596

(G) The president of the senate and speaker of the house of	597
representatives shall determine the responsibilities of the	598
commission following submission of the report under division (F)	599
of this section.	600

(H) The commission is not subject to sections 101.82 to	601
101.87 of the Revised Code.	602

Sec. 3701.69.  (A)(1) The department of health shall create a	603
Down syndrome information sheet that includes all of the	604
following:	605

(a) A description of Down syndrome, including its causes,	606
effects on development, and potential complications;	607

(b) Diagnostic tests;

608

(c) Options for treatment and therapy;

609

(d) Contact information for local, state, and national	610
organizations that provide Down syndrome educational and support	611
services and programs.	612

(2) With respect to the medical information included in the	613
information sheet, the department shall include only information	614
that is current and based on medical evidence.	615

(3) The department shall periodically review and update the	616
information sheet and shall make it available on the department's	617
internet web site.	618

(B) If a patient under the care of any of the following	619
health care professionals or facilities receives either a test	620
result indicating Down syndrome or a prenatal or postnatal	621
diagnosis of Down syndrome, the health care professional or	622
facility shall provide to the patient or the patient's	623
representative a copy of the information sheet created under	624
division (A) of this section:	625

(1) A physician authorized under Chapter 4731. of the Revised	626
Code to practice medicine and surgery or osteopathic medicine and	627
surgery;	628

(2) A certified nurse-midwife who holds a certificate of	629
authority issued under Chapter 4723. of the Revised Code;	630

(3) A genetic counselor licensed under Chapter 4778. of the	631
Revised Code;	632

(4) A hospital registered under section 3701.07 of the	633
Revised Code;	634

(5) A maternity unit, newborn care nursery, or maternity home	635
licensed under Chapter 3711. of the Revised Code;	636

(6) A freestanding birthing center licensed under section	637
3702.30 of the Revised Code.	638

Sec. 3719.01.  As used in this chapter:

639

(A) "Administer" means the direct application of a drug,	640
whether by injection, inhalation, ingestion, or any other means to	641
a person or an animal.	642

(B) "Drug enforcement administration" means the drug	643
enforcement administration of the United States department of	644
justice or its successor agency.	645

(C) "Controlled substance" means a drug, compound, mixture,	646
preparation, or substance included in schedule I, II, III, IV, or	647
V.	648

(D) "Dangerous drug" has the same meaning as in section	649
4729.01 of the Revised Code.	650

(E) "Dispense" means to sell, leave with, give away, dispose	651
of, or deliver.	652

(F) "Distribute" means to deal in, ship, transport, or	653
deliver but does not include administering or dispensing a drug.	654

(G) "Drug" has the same meaning as in section 4729.01 of the	655
Revised Code.	656

(H) "Drug abuse offense," "felony drug abuse offense,"	657
"cocaine," and "hashish" have the same meanings as in section	658
2925.01 of the Revised Code.	659

(I) "Federal drug abuse control laws" means the	660
"Comprehensive Drug Abuse Prevention and Control Act of 1970," 84	661
Stat. 1242, 21 U.S.C. 801, as amended.	662

(J) "Hospital" means an institution for the care and	663
treatment of the sick and injured that is certified by the	664
department of health and approved by the state board of pharmacy	665
as proper to be entrusted with the custody of controlled	666
substances and the professional use of controlled substances.	667

(K) "Hypodermic" means a hypodermic syringe or needle, or	668
other instrument or device for the injection of medication.	669

(L) "Isomer," except as otherwise expressly stated, means the	670
optical isomer.	671

(M) "Laboratory" means a laboratory approved by the state	672
board of pharmacy as proper to be entrusted with the custody of	673
controlled substances and the use of controlled substances for	674
scientific and clinical purposes and for purposes of instruction.	675

(N) "Manufacturer" means a person who manufactures a	676
controlled substance, as "manufacture" is defined in section	677
3715.01 of the Revised Code.	678

(O) "Marihuana" means all parts of a plant of the genus	679
cannabis, whether growing or not; the seeds of a plant of that	680
type; the resin extracted from a part of a plant of that type; and	681
every compound, manufacture, salt, derivative, mixture, or	682
preparation of a plant of that type or of its seeds or resin.	683
"Marihuana" does not include the mature stalks of the plant, fiber	684
produced from the stalks, oils or cake made from the seeds of the	685
plant, or any other compound, manufacture, salt, derivative,	686
mixture, or preparation of the mature stalks, except the resin	687
extracted from the mature stalks, fiber, oil or cake, or the	688
sterilized seed of the plant that is incapable of germination.	689

(P) "Narcotic drugs" means coca leaves, opium, isonipecaine,	690
amidone, isoamidone, ketobemidone, as defined in this division,	691
and every substance not chemically distinguished from them and	692
every drug, other than cannabis, that may be included in the	693
meaning of "narcotic drug" under the federal drug abuse control	694
laws. As used in this division:	695

(1) "Coca leaves" includes cocaine and any compound,	696
manufacture, salt, derivative, mixture, or preparation of coca	697
leaves, except derivatives of coca leaves, that does not contain	698
cocaine, ecgonine, or substances from which cocaine or ecgonine	699
may be synthesized or made.	700

(2) "Isonipecaine" means any substance identified chemically	701
as 1-methyl-4-phenyl-piperidine-4-carboxylic acid ethyl ester, or	702
any salt thereof, by whatever trade name designated.	703

(3) "Amidone" means any substance identified chemically as	704
4-4-diphenyl-6-dimethylamino-heptanone-3, or any salt thereof, by	705
whatever trade name designated.	706

(4) "Isoamidone" means any substance identified chemically as	707
4-4-diphenyl-5-methyl-6-dimethylaminohexanone-3, or any salt	708
thereof, by whatever trade name designated.	709

(5) "Ketobemidone" means any substance identified chemically	710
as 4-(3-hydroxyphenyl)-1-methyl-4-piperidyl ethyl ketone	711
hydrochloride, or any salt thereof, by whatever trade name	712
designated.	713

(Q) "Official written order" means an order written on a form	714
provided for that purpose by the director of the United States	715
drug enforcement administration, under any laws of the United	716
States making provision for the order, if the order forms are	717
authorized and required by federal law.	718

(R) "Opiate" means any substance having an addiction-forming	719
or addiction-sustaining liability similar to morphine or being	720
capable of conversion into a drug having addiction-forming or	721
addiction-sustaining liability. "Opiate" does not include, unless	722
specifically designated as controlled under section 3719.41 of the	723
Revised Code, the dextrorotatory isomer of	724
3-methoxy-N-methylmorphinan and its salts (dextro-methorphan).	725
"Opiate" does include its racemic and levoratory forms.	726

(S) "Opium poppy" means the plant of the species papaver	727
somniferum L., except its seeds.	728

(T) "Person" means any individual, corporation, government,	729
governmental subdivision or agency, business trust, estate, trust,	730
partnership, association, or other legal entity.	731

(U) "Pharmacist" means a person licensed under Chapter 4729.	732
of the Revised Code to engage in the practice of pharmacy.	733

(V) "Pharmacy" has the same meaning as in section 4729.01 of	734
the Revised Code.	735

(W) "Poison" means any drug, chemical, or preparation likely	736
to be deleterious or destructive to adult human life in quantities	737
of four grams or less.	738

(X) "Poppy straw" means all parts, except the seeds, of the	739
opium poppy, after mowing.	740

(Y) "Licensed health professional authorized to prescribe	741
drugs," "prescriber," and "prescription" have the same meanings as	742
in section 4729.01 of the Revised Code.	743

(Z) "Registry number" means the number assigned to each	744
person registered under the federal drug abuse control laws.	745

(AA) "Sale" includes delivery, barter, exchange, transfer, or	746
gift, or offer thereof, and each transaction of those natures made	747
by any person, whether as principal, proprietor, agent, servant,	748
or employee.	749

(BB) "Schedule I," "schedule II," "schedule III," "schedule	750
IV," and "schedule V" mean controlled substance schedules I, II,	751
III, IV, and V, respectively, established pursuant to section	752
3719.41 of the Revised Code, as amended pursuant to section	753
3719.43 or 3719.44 of the Revised Code.	754

(CC) "Wholesaler" means a person who, on official written	755
orders other than prescriptions, supplies controlled substances	756
that the person has not manufactured, produced, or prepared	757
personally and includes a "wholesale distributor of dangerous	758
drugs" as defined in section 4729.01 of the Revised Code.	759

(DD) "Animal shelter" means a facility operated by a humane	760
society or any society organized under Chapter 1717. of the	761
Revised Code or a dog pound operated pursuant to Chapter 955. of	762
the Revised Code.	763

(EE) "Terminal distributor of dangerous drugs" has the same	764
meaning as in section 4729.01 of the Revised Code.	765

(FF) "Category III license" means a license issued to a	766
terminal distributor of dangerous drugs as set forth in section	767
4729.54 of the Revised Code.	768

(GG) "Prosecutor" has the same meaning as in section 2935.01	769
of the Revised Code.	770

(HH)(1) "Controlled substance analog" means, except as	771
provided in division (HH)(2) of this section, a substance to which	772
both of the following apply:	773

(a) The chemical structure of the substance is substantially	774
similar to the structure of a controlled substance in schedule I	775
or II.	776

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

777

(i) The substance has a stimulant, depressant, or	778
hallucinogenic effect on the central nervous system that is	779
substantially similar to or greater than the stimulant,	780
depressant, or hallucinogenic effect on the central nervous system	781
of a controlled substance in schedule I or II.	782

(ii) With respect to a particular person, that person	783
represents or intends the substance to have a stimulant,	784
depressant, or hallucinogenic effect on the central nervous system	785
that is substantially similar to or greater than the stimulant,	786
depressant, or hallucinogenic effect on the central nervous system	787
of a controlled substance in schedule I or II.	788

(2) "Controlled substance analog" does not include any of the	789
following:	790

(a) A controlled substance;

791

(b) Any substance for which there is an approved new drug	792
application;	793

(c) With respect to a particular person, any substance if an	794
exemption is in effect for investigational use for that person	795
pursuant to federal law to the extent that conduct with respect to	796
that substance is pursuant to that exemption;	797

(d) Any substance to the extent it is not intended for human	798
consumption before the exemption described in division (HH)(2)(b)	799
of this section takes effect with respect to that substance.	800

(II) "Benzodiazepine" means a controlled substance that has	801
United States food and drug administration approved labeling	802
indicating that it is a benzodiazepine, benzodiazepine derivative,	803
triazolobenzodiazepine, or triazolobenzodiazepine derivative,	804
including the following drugs and their varying salt forms or	805
chemical congeners: alprazolam, chlordiazepoxide hydrochloride,	806
clobazam, clonazepam, clorazepate, diazepam, estazolam, flurazepam	807
hydrochloride, lorazepam, midazolam, oxazepam, quazepam,	808
temazepam, and triazolam.	809

(JJ) "Opioid analgesic" means a controlled substance that has	810
analgesic pharmacologic activity at the opioid receptors of the	811
central nervous system, including the following drugs and their	812
varying salt forms or chemical congeners: buprenorphine,	813
butorphanol, codeine (including acetaminophen and other	814
combination products), dihydrocodeine, fentanyl, hydrocodone	815
(including acetaminophen combination products), hydromorphone,	816
meperidine, methadone, morphine sulfate, oxycodone (including	817
acetaminophen, aspirin, and other combination products),	818
oxymorphone, tapentadol, and tramadol.	819

(KK) "Emergency facility" means a hospital emergency	820
department or any other facility that provides emergency care.	821

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

822

(a) "Another adult authorized to consent to the minor's	823
medical treatment" means an adult to whom a minor's parent or	824
guardian has given written authorization to consent to the minor's	825
medical treatment.	826

(b) "Medical emergency" means a situation that in a	827
prescriber's good faith medical judgment creates an immediate	828
threat of serious risk to the life or physical health of a minor.	829

(c) "Minor" means an individual under eighteen years of age	830
who is not emancipated.	831

(2) For purposes of this section, an individual under	832
eighteen years of age is emancipated only if the individual has	833
married, has entered the armed services of the United States,	834
becamehas become employed and self-sustaining, or has otherwise	835
has become independent from the care and control of the	836
individual's parent, guardian, or custodian.	837

(B) Except as provided in division (C) of this section,	838
before issuing for a minor the first prescription in a single	839
course of treatment for a particular compound that is a controlled	840
substance containing an opioid analgesic, regardless of whether	841
the dosage is modified during that course of treatment, a	842
prescriber shall do all of the following:	843

(1) As part of the prescriber's examination of the minor,	844
assess whether the minor has ever suffered, or is currently	845
suffering, from mental health or substance abuse disorders and	846
whether the minor has taken or is currently taking prescription	847
drugs for treatment of those disorders;	848

(2) Discuss with the minor and the minor's parent, guardian,	849
or another adult authorized to consent to the minor's medical	850
treatment all of the following:	851

(a) The risks of addiction and overdose associated with the	852
compoundopioid analgesics;	853

(b) The increased risk of addiction to controlled substances	854
of individuals suffering from both mental and substance abuse	855
disorders;	856

(c) The dangers of taking controlled substances containing	857
opioidsopioid analgesics with benzodiazepines, alcohol, or other	858
central nervous system depressants;	859

(d) Any other information in the patient counseling	860
information section of the labeling for the compoundopioid	861
analgesic required under 21 C.F.R. 201.57(c)(18).	862

(3) Obtain written consent for the prescription from the	863
minor's parent, guardian, or, subject to division (E) of this	864
section, another adult authorized to consent to the minor's	865
medical treatment.	866

The prescriber shall record the consent on a form, which	867
shall be known as the "Start Talking!" consent form. The form	868
shall be separate from any other document the prescriber uses to	869
obtain informed consent for other treatment provided to the minor.	870
The form shall contain all of the following:	871

(a) The name and quantity of the compoundopioid analgesic	872
being prescribed and the amount of the initial dose;	873

(b) A statement indicating that a controlled substance is a	874
drug or other substance that the United States drug enforcement	875
administration has identified as having a potential for abuse;	876

(c) A statement certifying that the prescriber discussed with	877
the minor and the minor's parent, guardian, or another adult	878
authorized to consent to the minor's medical treatment the matters	879
described in division (B)(2) of this section;	880

(d) The number of refills, if any, authorized by the	881
prescription;	882

(e) The signature of the minor's parent, guardian, or another	883
adult authorized to consent to the minor's medical treatment and	884
the date of signing.	885

(C)(1) The requirements in division (B) of this section do	886
not apply if the minor's treatment with a compound that is a	887
controlled substance containing an opioid analgesic meets any of	888
the following criteria:	889

(a) The treatment is associated with or incident to a medical	890
emergency.	891

(b) The treatment is associated with or incident to surgery,	892
regardless of whether the surgery is performed on an inpatient or	893
outpatient basis.	894

(c) In the prescriber's professional judgment, fulfilling the	895
requirements of division (B) of this section with respect to the	896
minor's treatment would be a detriment to the minor's health or	897
safety.	898

(d) Except as provided in division (D) of this section, the	899
treatment is rendered in a hospital, emergency facility,	900
ambulatory surgical facility, nursing home, pediatric respite care	901
program, residential care facility, freestanding rehabilitation	902
facility, or similar institutional facility.	903

(2) The requirements in division (B) of this section do not	904
apply to a prescription for a compound that is a controlled	905
substance containing an opioid analgesic that a prescriber issues	906
to a minor at the time of discharge from a facility or other	907
location described in division (C)(1)(d) of this section.	908

(D) The exemption in division (C)(1)(d) of this section does	909
not apply to treatment rendered in a prescriber's office that is	910
located on the premises of or adjacent to a facility or other	911
location described in that division.	912

(E) If the individual who signs the consent form required by	913
division (B)(3) of this section is another adult authorized to	914
consent to the minor's medical treatment, the prescriber shall	915
prescribe not more than a single, seventy-two-hour supply and	916
indicate on the prescription the quantity that is to be dispensed	917
pursuant to the prescription.	918

(F) A signed "Start Talking!" consent form obtained under	919
this section shall be maintained in the minor's medical record.	920

Sec. 4715.14.  (A)(1) Each person who is licensed to practice	921
dentistry in Ohio shall, on or before the first day of January of	922
each even-numbered year, register with the state dental board. The	923
registration shall be made on a form prescribed by the board and	924
furnished by the secretary, shall include the licensee's name,	925
address, license number, and such other reasonable information as	926
the board may consider necessary, and shall include payment of a	927
biennial registration fee of two hundred forty-five dollars.	928
Except as provided in division (E) of this section, this fee shall	929
be paid to the treasurer of state. Subject to division (C) of this	930
section, a registration shall be in effect for the two-year period	931
beginning on the first day of January of the even-numbered year	932
and ending on the last day of December of the following	933
odd-numbered year, and shall be renewed in accordance with the	934
standard renewal procedure of sections 4745.01 to 4745.03 of the	935
Revised Code.	936

(2)(a) Except as provided in division (A)(2)(b) of this	937
section, in the case of a licensee seeking registration who	938
prescribes or personally furnishes opioid analgesics or	939
benzodiazepines, as defined in section 3719.01 of the Revised	940
Code, the licensee shall certify to the board whether the licensee	941
has been granted access to the drug database established and	942
maintained by the state board of pharmacy pursuant to section	943
4729.75 of the Revised Code.	944

(b) The requirement in division (A)(2)(a) of this section	945
does not apply if eitherany of the following is the case:	946

(i) The state board of pharmacy notifies the state dental	947
board pursuant to section 4729.861 of the Revised Code that the	948
licensee has been restricted from obtaining further information	949
from the drug database.	950

(ii) The state board of pharmacy no longer maintains the drug	951
database.	952

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

953

(3) If a licensee certifies to the state dental board that	954
the licensee has been granted access to the drug database and the	955
board finds through an audit or other means that the licensee has	956
not been granted access, the board may take action under section	957
4715.30 of the Revised Code.	958

(B) A licensed dentist who desires to temporarily retire from	959
practice and who has given the board notice in writing to that	960
effect shall be granted such a retirement, provided only that at	961
that time all previous registration fees and additional costs of	962
reinstatement have been paid.	963

(C) Not later than the thirty-first day of January of an	964
even-numbered year, the board shall send a notice by certified	965
mail to a dentist who fails to renew a license in accordance with	966
division (A) of this section. The notice shall state all of the	967
following:	968

(1) That the board has not received the registration form and	969
fee described in that division;	970

(2) That the license shall remain valid and in good standing	971
until the first day of April following the last day of December of	972
the odd-numbered year in which the dentist was scheduled to renew	973
if the dentist remains in compliance with all other applicable	974
provisions of this chapter and any rule adopted under it;	975

(3) That the license may be renewed until the first day of	976
April following the last day of December of the odd-numbered year	977
in which the dentist was scheduled to renew by the payment of the	978
biennial registration fee and an additional fee of one hundred	979
dollars to cover the cost of late renewal;	980

(4) That unless the board receives the registration form and	981
fee before the first day of April following the last day of	982
December of the odd-numbered year in which the dentist was	983
scheduled to renew, the board may, on or after the relevant first	984
day of April, initiate disciplinary action against the dentist	985
pursuant to Chapter 119. of the Revised Code;	986

(5) That a dentist whose license has been suspended as a	987
result of disciplinary action initiated pursuant to division	988
(C)(4) of this section may be reinstated by the payment of the	989
biennial registration fee and an additional fee of three hundred	990
dollars to cover the cost of reinstatement.	991

(D) Each dentist licensed to practice, whether a resident or	992
not, shall notify the secretary in writing or electronically of	993
any change in the dentist's office address or employment within	994
ten days after such change has taken place. On the first day of	995
July of every even-numbered year, the secretary shall issue a	996
printed roster of the names and addresses so registered.	997

(E) Twenty dollars of each biennial registration fee shall be	998
paid to the dentist loan repayment fund created under section	999
3702.95 of the Revised Code.	1000

Sec. 4715.30.  (A) An applicant for or holder of a	1001
certificate or license issued under this chapter is subject to	1002
disciplinary action by the state dental board for any of the	1003
following reasons:	1004

(1) Employing or cooperating in fraud or material deception	1005
in applying for or obtaining a license or certificate;	1006

(2) Obtaining or attempting to obtain money or anything of	1007
value by intentional misrepresentation or material deception in	1008
the course of practice;	1009

(3) Advertising services in a false or misleading manner or	1010
violating the board's rules governing time, place, and manner of	1011
advertising;	1012

(4) Commission of an act that constitutes a felony in this	1013
state, regardless of the jurisdiction in which the act was	1014
committed;	1015

(5) Commission of an act in the course of practice that	1016
constitutes a misdemeanor in this state, regardless of the	1017
jurisdiction in which the act was committed;	1018

(6) Conviction of, a plea of guilty to, a judicial finding of	1019
guilt of, a judicial finding of guilt resulting from a plea of no	1020
contest to, or a judicial finding of eligibility for intervention	1021
in lieu of conviction for, any felony or of a misdemeanor	1022
committed in the course of practice;	1023

(7) Engaging in lewd or immoral conduct in connection with	1024
the provision of dental services;	1025

(8) Selling, prescribing, giving away, or administering drugs	1026
for other than legal and legitimate therapeutic purposes, or	1027
conviction of, a plea of guilty to, a judicial finding of guilt	1028
of, a judicial finding of guilt resulting from a plea of no	1029
contest to, or a judicial finding of eligibility for intervention	1030
in lieu of conviction for, a violation of any federal or state law	1031
regulating the possession, distribution, or use of any drug;	1032

(9) Providing or allowing dental hygienists, expanded	1033
function dental auxiliaries, or other practitioners of auxiliary	1034
dental occupations working under the certificate or license	1035
holder's supervision, or a dentist holding a temporary limited	1036
continuing education license under division (C) of section 4715.16	1037
of the Revised Code working under the certificate or license	1038
holder's direct supervision, to provide dental care that departs	1039
from or fails to conform to accepted standards for the profession,	1040
whether or not injury to a patient results;	1041

(10) Inability to practice under accepted standards of the	1042
profession because of physical or mental disability, dependence on	1043
alcohol or other drugs, or excessive use of alcohol or other	1044
drugs;	1045

(11) Violation of any provision of this chapter or any rule	1046
adopted thereunder;	1047

(12) Failure to use universal blood and body fluid	1048
precautions established by rules adopted under section 4715.03 of	1049
the Revised Code;	1050

(13) Except as provided in division (H) of this section,	1051
either of the following:	1052

(a) Waiving the payment of all or any part of a deductible or	1053
copayment that a patient, pursuant to a health insurance or health	1054
care policy, contract, or plan that covers dental services, would	1055
otherwise be required to pay if the waiver is used as an	1056
enticement to a patient or group of patients to receive health	1057
care services from that certificate or license holder;	1058

(b) Advertising that the certificate or license holder will	1059
waive the payment of all or any part of a deductible or copayment	1060
that a patient, pursuant to a health insurance or health care	1061
policy, contract, or plan that covers dental services, would	1062
otherwise be required to pay.	1063

(14) Failure to comply with section 4729.79 of the Revised	1064
Code, unless the state board of pharmacy no longer maintains a	1065
drug database pursuant to section 4729.75 of the Revised Code;	1066

(15) Any of the following actions taken by an agency	1067
responsible for authorizing, certifying, or regulating an	1068
individual to practice a health care occupation or provide health	1069
care services in this state or another jurisdiction, for any	1070
reason other than the nonpayment of fees: the limitation,	1071
revocation, or suspension of an individual's license to practice;	1072
acceptance of an individual's license surrender; denial of a	1073
license; refusal to renew or reinstate a license; imposition of	1074
probation; or issuance of an order of censure or other reprimand;	1075

(16) Failure to cooperate in an investigation conducted by	1076
the board under division (D) of section 4715.03 of the Revised	1077
Code, including failure to comply with a subpoena or order issued	1078
by the board or failure to answer truthfully a question presented	1079
by the board at a deposition or in written interrogatories, except	1080
that failure to cooperate with an investigation shall not	1081
constitute grounds for discipline under this section if a court of	1082
competent jurisdiction has issued an order that either quashes a	1083
subpoena or permits the individual to withhold the testimony or	1084
evidence in issue;	1085

(17) Failure to comply with the requirements in section	1086
3719.061 of the Revised Code before issuing tofor a minor a	1087
prescription for a controlled substance containing an opioid	1088
analgesic, as defined in section 3719.01 of the Revised Code.	1089

(B) A manager, proprietor, operator, or conductor of a dental	1090
facility shall be subject to disciplinary action if any dentist,	1091
dental hygienist, expanded function dental auxiliary, or qualified	1092
personnel providing services in the facility is found to have	1093
committed a violation listed in division (A) of this section and	1094
the manager, proprietor, operator, or conductor knew of the	1095
violation and permitted it to occur on a recurring basis.	1096

(C) Subject to Chapter 119. of the Revised Code, the board	1097
may take one or more of the following disciplinary actions if one	1098
or more of the grounds for discipline listed in divisions (A) and	1099
(B) of this section exist:	1100

(1) Censure the license or certificate holder;

1101

(2) Place the license or certificate on probationary status	1102
for such period of time the board determines necessary and require	1103
the holder to:	1104

(a) Report regularly to the board upon the matters which are	1105
the basis of probation;	1106

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

1107

(c) Continue or renew professional education until a	1108
satisfactory degree of knowledge or clinical competency has been	1109
attained in specified areas.	1110

(3) Suspend the certificate or license;

1111

(4) Revoke the certificate or license.

1112

Where the board places a holder of a license or certificate	1113
on probationary status pursuant to division (C)(2) of this	1114
section, the board may subsequently suspend or revoke the license	1115
or certificate if it determines that the holder has not met the	1116
requirements of the probation or continues to engage in activities	1117
that constitute grounds for discipline pursuant to division (A) or	1118
(B) of this section.	1119

Any order suspending a license or certificate shall state the	1120
conditions under which the license or certificate will be	1121
restored, which may include a conditional restoration during which	1122
time the holder is in a probationary status pursuant to division	1123
(C)(2) of this section. The board shall restore the license or	1124
certificate unconditionally when such conditions are met.	1125

(D) If the physical or mental condition of an applicant or a	1126
license or certificate holder is at issue in a disciplinary	1127
proceeding, the board may order the license or certificate holder	1128
to submit to reasonable examinations by an individual designated	1129
or approved by the board and at the board's expense. The physical	1130
examination may be conducted by any individual authorized by the	1131
Revised Code to do so, including a physician assistant, a clinical	1132
nurse specialist, a certified nurse practitioner, or a certified	1133
nurse-midwife. Any written documentation of the physical	1134
examination shall be completed by the individual who conducted the	1135
examination.	1136

Failure to comply with an order for an examination shall be	1137
grounds for refusal of a license or certificate or summary	1138
suspension of a license or certificate under division (E) of this	1139
section.	1140

(E) If a license or certificate holder has failed to comply	1141
with an order under division (D) of this section, the board may	1142
apply to the court of common pleas of the county in which the	1143
holder resides for an order temporarily suspending the holder's	1144
license or certificate, without a prior hearing being afforded by	1145
the board, until the board conducts an adjudication hearing	1146
pursuant to Chapter 119. of the Revised Code. If the court	1147
temporarily suspends a holder's license or certificate, the board	1148
shall give written notice of the suspension personally or by	1149
certified mail to the license or certificate holder. Such notice	1150
shall inform the license or certificate holder of the right to a	1151
hearing pursuant to Chapter 119. of the Revised Code.	1152

(F) Any holder of a certificate or license issued under this	1153
chapter who has pleaded guilty to, has been convicted of, or has	1154
had a judicial finding of eligibility for intervention in lieu of	1155
conviction entered against the holder in this state for aggravated	1156
murder, murder, voluntary manslaughter, felonious assault,	1157
kidnapping, rape, sexual battery, gross sexual imposition,	1158
aggravated arson, aggravated robbery, or aggravated burglary, or	1159
who has pleaded guilty to, has been convicted of, or has had a	1160
judicial finding of eligibility for treatment or intervention in	1161
lieu of conviction entered against the holder in another	1162
jurisdiction for any substantially equivalent criminal offense, is	1163
automatically suspended from practice under this chapter in this	1164
state and any certificate or license issued to the holder under	1165
this chapter is automatically suspended, as of the date of the	1166
guilty plea, conviction, or judicial finding, whether the	1167
proceedings are brought in this state or another jurisdiction.	1168
Continued practice by an individual after the suspension of the	1169
individual's certificate or license under this division shall be	1170
considered practicing without a certificate or license. The board	1171
shall notify the suspended individual of the suspension of the	1172
individual's certificate or license under this division by	1173
certified mail or in person in accordance with section 119.07 of	1174
the Revised Code. If an individual whose certificate or license is	1175
suspended under this division fails to make a timely request for	1176
an adjudicatory hearing, the board shall enter a final order	1177
revoking the individual's certificate or license.	1178

(G) If the supervisory investigative panel determines both of	1179
the following, the panel may recommend that the board suspend an	1180
individual's certificate or license without a prior hearing:	1181

(1) That there is clear and convincing evidence that an	1182
individual has violated division (A) of this section;	1183

(2) That the individual's continued practice presents a	1184
danger of immediate and serious harm to the public.	1185

Written allegations shall be prepared for consideration by	1186
the board. The board, upon review of those allegations and by an	1187
affirmative vote of not fewer than four dentist members of the	1188
board and seven of its members in total, excluding any member on	1189
the supervisory investigative panel, may suspend a certificate or	1190
license without a prior hearing. A telephone conference call may	1191
be utilized for reviewing the allegations and taking the vote on	1192
the summary suspension.	1193

The board shall issue a written order of suspension by	1194
certified mail or in person in accordance with section 119.07 of	1195
the Revised Code. The order shall not be subject to suspension by	1196
the court during pendency or any appeal filed under section 119.12	1197
of the Revised Code. If the individual subject to the summary	1198
suspension requests an adjudicatory hearing by the board, the date	1199
set for the hearing shall be within fifteen days, but not earlier	1200
than seven days, after the individual requests the hearing, unless	1201
otherwise agreed to by both the board and the individual.	1202

Any summary suspension imposed under this division shall	1203
remain in effect, unless reversed on appeal, until a final	1204
adjudicative order issued by the board pursuant to this section	1205
and Chapter 119. of the Revised Code becomes effective. The board	1206
shall issue its final adjudicative order within seventy-five days	1207
after completion of its hearing. A failure to issue the order	1208
within seventy-five days shall result in dissolution of the	1209
summary suspension order but shall not invalidate any subsequent,	1210
final adjudicative order.	1211

(H) Sanctions shall not be imposed under division (A)(13) of	1212
this section against any certificate or license holder who waives	1213
deductibles and copayments as follows:	1214

(1) In compliance with the health benefit plan that expressly	1215
allows such a practice. Waiver of the deductibles or copayments	1216
shall be made only with the full knowledge and consent of the plan	1217
purchaser, payer, and third-party administrator. Documentation of	1218
the consent shall be made available to the board upon request.	1219

(2) For professional services rendered to any other person	1220
who holds a certificate or license issued pursuant to this chapter	1221
to the extent allowed by this chapter and the rules of the board.	1222

(I) In no event shall the board consider or raise during a	1223
hearing required by Chapter 119. of the Revised Code the	1224
circumstances of, or the fact that the board has received, one or	1225
more complaints about a person unless the one or more complaints	1226
are the subject of the hearing or resulted in the board taking an	1227
action authorized by this section against the person on a prior	1228
occasion.	1229

(J) The board may share any information it receives pursuant	1230
to an investigation under division (D) of section 4715.03 of the	1231
Revised Code, including patient records and patient record	1232
information, with law enforcement agencies, other licensing	1233
boards, and other governmental agencies that are prosecuting,	1234
adjudicating, or investigating alleged violations of statutes or	1235
administrative rules. An agency or board that receives the	1236
information shall comply with the same requirements regarding	1237
confidentiality as those with which the state dental board must	1238
comply, notwithstanding any conflicting provision of the Revised	1239
Code or procedure of the agency or board that applies when it is	1240
dealing with other information in its possession. In a judicial	1241
proceeding, the information may be admitted into evidence only in	1242
accordance with the Rules of Evidence, but the court shall require	1243
that appropriate measures are taken to ensure that confidentiality	1244
is maintained with respect to any part of the information that	1245
contains names or other identifying information about patients or	1246
complainants whose confidentiality was protected by the state	1247
dental board when the information was in the board's possession.	1248
Measures to ensure confidentiality that may be taken by the court	1249
include sealing its records or deleting specific information from	1250
its records.	1251

Sec. 4723.28.  (A) The board of nursing, by a vote of a	1252
quorum, may impose one or more of the following sanctions if it	1253
finds that a person committed fraud in passing an examination	1254
required to obtain a license, certificate of authority, or	1255
dialysis technician certificate issued by the board or to have	1256
committed fraud, misrepresentation, or deception in applying for	1257
or securing any nursing license, certificate of authority, or	1258
dialysis technician certificate issued by the board: deny, revoke,	1259
suspend, or place restrictions on any nursing license, certificate	1260
of authority, or dialysis technician certificate issued by the	1261
board; reprimand or otherwise discipline a holder of a nursing	1262
license, certificate of authority, or dialysis technician	1263
certificate; or impose a fine of not more than five hundred	1264
dollars per violation.	1265

(B) The board of nursing, by a vote of a quorum, may impose	1266
one or more of the following sanctions: deny, revoke, suspend, or	1267
place restrictions on any nursing license, certificate of	1268
authority, or dialysis technician certificate issued by the board;	1269
reprimand or otherwise discipline a holder of a nursing license,	1270
certificate of authority, or dialysis technician certificate; or	1271
impose a fine of not more than five hundred dollars per violation.	1272
The sanctions may be imposed for any of the following:	1273

(1) Denial, revocation, suspension, or restriction of	1274
authority to engage in a licensed profession or practice a health	1275
care occupation, including nursing or practice as a dialysis	1276
technician, for any reason other than a failure to renew, in Ohio	1277
or another state or jurisdiction;	1278

(2) Engaging in the practice of nursing or engaging in	1279
practice as a dialysis technician, having failed to renew a	1280
nursing license or dialysis technician certificate issued under	1281
this chapter, or while a nursing license or dialysis technician	1282
certificate is under suspension;	1283

(3) Conviction of, a plea of guilty to, a judicial finding of	1284
guilt of, a judicial finding of guilt resulting from a plea of no	1285
contest to, or a judicial finding of eligibility for a pretrial	1286
diversion or similar program or for intervention in lieu of	1287
conviction for, a misdemeanor committed in the course of practice;	1288

(4) Conviction of, a plea of guilty to, a judicial finding of	1289
guilt of, a judicial finding of guilt resulting from a plea of no	1290
contest to, or a judicial finding of eligibility for a pretrial	1291
diversion or similar program or for intervention in lieu of	1292
conviction for, any felony or of any crime involving gross	1293
immorality or moral turpitude;	1294

(5) Selling, giving away, or administering drugs or	1295
therapeutic devices for other than legal and legitimate	1296
therapeutic purposes; or conviction of, a plea of guilty to, a	1297
judicial finding of guilt of, a judicial finding of guilt	1298
resulting from a plea of no contest to, or a judicial finding of	1299
eligibility for a pretrial diversion or similar program or for	1300
intervention in lieu of conviction for, violating any municipal,	1301
state, county, or federal drug law;	1302

(6) Conviction of, a plea of guilty to, a judicial finding of	1303
guilt of, a judicial finding of guilt resulting from a plea of no	1304
contest to, or a judicial finding of eligibility for a pretrial	1305
diversion or similar program or for intervention in lieu of	1306
conviction for, an act in another jurisdiction that would	1307
constitute a felony or a crime of moral turpitude in Ohio;	1308

(7) Conviction of, a plea of guilty to, a judicial finding of	1309
guilt of, a judicial finding of guilt resulting from a plea of no	1310
contest to, or a judicial finding of eligibility for a pretrial	1311
diversion or similar program or for intervention in lieu of	1312
conviction for, an act in the course of practice in another	1313
jurisdiction that would constitute a misdemeanor in Ohio;	1314

(8) Self-administering or otherwise taking into the body any	1315
dangerous drug, as defined in section 4729.01 of the Revised Code,	1316
in any way that is not in accordance with a legal, valid	1317
prescription issued for that individual, or self-administering or	1318
otherwise taking into the body any drug that is a schedule I	1319
controlled substance;	1320

(9) Habitual or excessive use of controlled substances, other	1321
habit-forming drugs, or alcohol or other chemical substances to an	1322
extent that impairs the individual's ability to provide safe	1323
nursing care or safe dialysis care;	1324

(10) Impairment of the ability to practice according to	1325
acceptable and prevailing standards of safe nursing care or safe	1326
dialysis care because of the use of drugs, alcohol, or other	1327
chemical substances;	1328

(11) Impairment of the ability to practice according to	1329
acceptable and prevailing standards of safe nursing care or safe	1330
dialysis care because of a physical or mental disability;	1331

(12) Assaulting or causing harm to a patient or depriving a	1332
patient of the means to summon assistance;	1333

(13) Misappropriation or attempted misappropriation of money	1334
or anything of value in the course of practice;	1335

(14) Adjudication by a probate court of being mentally ill or	1336
mentally incompetent. The board may reinstate the person's nursing	1337
license or dialysis technician certificate upon adjudication by a	1338
probate court of the person's restoration to competency or upon	1339
submission to the board of other proof of competency.	1340

(15) The suspension or termination of employment by the	1341
department of defense or the veterans administration of the United	1342
States for any act that violates or would violate this chapter;	1343

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

1344

(17) Violation of any restrictions placed by the board on a	1345
nursing license or dialysis technician certificate;	1346

(18) Failure to use universal and standard precautions	1347
established by rules adopted under section 4723.07 of the Revised	1348
Code;	1349

(19) Failure to practice in accordance with acceptable and	1350
prevailing standards of safe nursing care or safe dialysis care;	1351

(20) In the case of a registered nurse, engaging in	1352
activities that exceed the practice of nursing as a registered	1353
nurse;	1354

(21) In the case of a licensed practical nurse, engaging in	1355
activities that exceed the practice of nursing as a licensed	1356
practical nurse;	1357

(22) In the case of a dialysis technician, engaging in	1358
activities that exceed those permitted under section 4723.72 of	1359
the Revised Code;	1360

(23) Aiding and abetting a person in that person's practice	1361
of nursing without a license or practice as a dialysis technician	1362
without a certificate issued under this chapter;	1363

(24) In the case of a certified registered nurse anesthetist,	1364
clinical nurse specialist, certified nurse-midwife, or certified	1365
nurse practitioner, except as provided in division (M) of this	1366
section, either of the following:	1367

(a) Waiving the payment of all or any part of a deductible or	1368
copayment that a patient, pursuant to a health insurance or health	1369
care policy, contract, or plan that covers such nursing services,	1370
would otherwise be required to pay if the waiver is used as an	1371
enticement to a patient or group of patients to receive health	1372
care services from that provider;	1373

(b) Advertising that the nurse will waive the payment of all	1374
or any part of a deductible or copayment that a patient, pursuant	1375
to a health insurance or health care policy, contract, or plan	1376
that covers such nursing services, would otherwise be required to	1377
pay.	1378

(25) Failure to comply with the terms and conditions of	1379
participation in the chemical dependency monitoring program	1380
established under section 4723.35 of the Revised Code;	1381

(26) Failure to comply with the terms and conditions required	1382
under the practice intervention and improvement program	1383
established under section 4723.282 of the Revised Code;	1384

(27) In the case of a certified registered nurse anesthetist,	1385
clinical nurse specialist, certified nurse-midwife, or certified	1386
nurse practitioner:	1387

(a) Engaging in activities that exceed those permitted for	1388
the nurse's nursing specialty under section 4723.43 of the Revised	1389
Code;	1390

(b) Failure to meet the quality assurance standards	1391
established under section 4723.07 of the Revised Code.	1392

(28) In the case of a clinical nurse specialist, certified	1393
nurse-midwife, or certified nurse practitioner, failure to	1394
maintain a standard care arrangement in accordance with section	1395
4723.431 of the Revised Code or to practice in accordance with the	1396
standard care arrangement;	1397

(29) In the case of a clinical nurse specialist, certified	1398
nurse-midwife, or certified nurse practitioner who holds a	1399
certificate to prescribe issued under section 4723.48 of the	1400
Revised Code, failure to prescribe drugs and therapeutic devices	1401
in accordance with section 4723.481 of the Revised Code;	1402

(30) Prescribing any drug or device to perform or induce an	1403
abortion, or otherwise performing or inducing an abortion;	1404

(31) Failure to establish and maintain professional	1405
boundaries with a patient, as specified in rules adopted under	1406
section 4723.07 of the Revised Code;	1407

(32) Regardless of whether the contact or verbal behavior is	1408
consensual, engaging with a patient other than the spouse of the	1409
registered nurse, licensed practical nurse, or dialysis technician	1410
in any of the following:	1411

(a) Sexual contact, as defined in section 2907.01 of the	1412
Revised Code;	1413

(b) Verbal behavior that is sexually demeaning to the patient	1414
or may be reasonably interpreted by the patient as sexually	1415
demeaning.	1416

(33) Assisting suicide, as defined in section 3795.01 of the	1417
Revised Code;	1418

(34) Failure to comply with the requirements in section	1419
3719.061 of the Revised Code before issuing tofor a minor a	1420
prescription for a controlled substance containing an opioid	1421
analgesic, as defined in section 3719.01 of the Revised Code.	1422

(C) Disciplinary actions taken by the board under divisions	1423
(A) and (B) of this section shall be taken pursuant to an	1424
adjudication conducted under Chapter 119. of the Revised Code,	1425
except that in lieu of a hearing, the board may enter into a	1426
consent agreement with an individual to resolve an allegation of a	1427
violation of this chapter or any rule adopted under it. A consent	1428
agreement, when ratified by a vote of a quorum, shall constitute	1429
the findings and order of the board with respect to the matter	1430
addressed in the agreement. If the board refuses to ratify a	1431
consent agreement, the admissions and findings contained in the	1432
agreement shall be of no effect.	1433

(D) The hearings of the board shall be conducted in	1434
accordance with Chapter 119. of the Revised Code, the board may	1435
appoint a hearing examiner, as provided in section 119.09 of the	1436
Revised Code, to conduct any hearing the board is authorized to	1437
hold under Chapter 119. of the Revised Code.	1438

In any instance in which the board is required under Chapter	1439
119. of the Revised Code to give notice of an opportunity for a	1440
hearing and the applicant, licensee, or certificate holder does	1441
not make a timely request for a hearing in accordance with section	1442
119.07 of the Revised Code, the board is not required to hold a	1443
hearing, but may adopt, by a vote of a quorum, a final order that	1444
contains the board's findings. In the final order, the board may	1445
order any of the sanctions listed in division (A) or (B) of this	1446
section.	1447

(E) If a criminal action is brought against a registered	1448
nurse, licensed practical nurse, or dialysis technician for an act	1449
or crime described in divisions (B)(3) to (7) of this section and	1450
the action is dismissed by the trial court other than on the	1451
merits, the board shall conduct an adjudication to determine	1452
whether the registered nurse, licensed practical nurse, or	1453
dialysis technician committed the act on which the action was	1454
based. If the board determines on the basis of the adjudication	1455
that the registered nurse, licensed practical nurse, or dialysis	1456
technician committed the act, or if the registered nurse, licensed	1457
practical nurse, or dialysis technician fails to participate in	1458
the adjudication, the board may take action as though the	1459
registered nurse, licensed practical nurse, or dialysis technician	1460
had been convicted of the act.	1461

If the board takes action on the basis of a conviction, plea,	1462
or a judicial finding as described in divisions (B)(3) to (7) of	1463
this section that is overturned on appeal, the registered nurse,	1464
licensed practical nurse, or dialysis technician may, on	1465
exhaustion of the appeal process, petition the board for	1466
reconsideration of its action. On receipt of the petition and	1467
supporting court documents, the board shall temporarily rescind	1468
its action. If the board determines that the decision on appeal	1469
was a decision on the merits, it shall permanently rescind its	1470
action. If the board determines that the decision on appeal was	1471
not a decision on the merits, it shall conduct an adjudication to	1472
determine whether the registered nurse, licensed practical nurse,	1473
or dialysis technician committed the act on which the original	1474
conviction, plea, or judicial finding was based. If the board	1475
determines on the basis of the adjudication that the registered	1476
nurse, licensed practical nurse, or dialysis technician committed	1477
such act, or if the registered nurse, licensed practical nurse, or	1478
dialysis technician does not request an adjudication, the board	1479
shall reinstate its action; otherwise, the board shall permanently	1480
rescind its action.	1481

Notwithstanding the provision of division (C)(2) of section	1482
2953.32 of the Revised Code specifying that if records pertaining	1483
to a criminal case are sealed under that section the proceedings	1484
in the case shall be deemed not to have occurred, sealing of the	1485
following records on which the board has based an action under	1486
this section shall have no effect on the board's action or any	1487
sanction imposed by the board under this section: records of any	1488
conviction, guilty plea, judicial finding of guilt resulting from	1489
a plea of no contest, or a judicial finding of eligibility for a	1490
pretrial diversion program or intervention in lieu of conviction.	1491

The board shall not be required to seal, destroy, redact, or	1492
otherwise modify its records to reflect the court's sealing of	1493
conviction records.	1494

(F) The board may investigate an individual's criminal	1495
background in performing its duties under this section. As part of	1496
such investigation, the board may order the individual to submit,	1497
at the individual's expense, a request to the bureau of criminal	1498
identification and investigation for a criminal records check and	1499
check of federal bureau of investigation records in accordance	1500
with the procedure described in section 4723.091 of the Revised	1501
Code.	1502

(G) During the course of an investigation conducted under	1503
this section, the board may compel any registered nurse, licensed	1504
practical nurse, or dialysis technician or applicant under this	1505
chapter to submit to a mental or physical examination, or both, as	1506
required by the board and at the expense of the individual, if the	1507
board finds reason to believe that the individual under	1508
investigation may have a physical or mental impairment that may	1509
affect the individual's ability to provide safe nursing care.	1510
Failure of any individual to submit to a mental or physical	1511
examination when directed constitutes an admission of the	1512
allegations, unless the failure is due to circumstances beyond the	1513
individual's control, and a default and final order may be entered	1514
without the taking of testimony or presentation of evidence.	1515

If the board finds that an individual is impaired, the board	1516
shall require the individual to submit to care, counseling, or	1517
treatment approved or designated by the board, as a condition for	1518
initial, continued, reinstated, or renewed authority to practice.	1519
The individual shall be afforded an opportunity to demonstrate to	1520
the board that the individual can begin or resume the individual's	1521
occupation in compliance with acceptable and prevailing standards	1522
of care under the provisions of the individual's authority to	1523
practice.	1524

For purposes of this division, any registered nurse, licensed	1525
practical nurse, or dialysis technician or applicant under this	1526
chapter shall be deemed to have given consent to submit to a	1527
mental or physical examination when directed to do so in writing	1528
by the board, and to have waived all objections to the	1529
admissibility of testimony or examination reports that constitute	1530
a privileged communication.	1531

(H) The board shall investigate evidence that appears to show	1532
that any person has violated any provision of this chapter or any	1533
rule of the board. Any person may report to the board any	1534
information the person may have that appears to show a violation	1535
of any provision of this chapter or rule of the board. In the	1536
absence of bad faith, any person who reports such information or	1537
who testifies before the board in any adjudication conducted under	1538
Chapter 119. of the Revised Code shall not be liable for civil	1539
damages as a result of the report or testimony.	1540

(I) All of the following apply under this chapter with	1541
respect to the confidentiality of information:	1542

(1) Information received by the board pursuant to a complaint	1543
or an investigation is confidential and not subject to discovery	1544
in any civil action, except that the board may disclose	1545
information to law enforcement officers and government entities	1546
for purposes of an investigation of either a licensed health care	1547
professional, including a registered nurse, licensed practical	1548
nurse, or dialysis technician, or a person who may have engaged in	1549
the unauthorized practice of nursing or dialysis care. No law	1550
enforcement officer or government entity with knowledge of any	1551
information disclosed by the board pursuant to this division shall	1552
divulge the information to any other person or government entity	1553
except for the purpose of a government investigation, a	1554
prosecution, or an adjudication by a court or government entity.	1555

(2) If an investigation requires a review of patient records,	1556
the investigation and proceeding shall be conducted in such a	1557
manner as to protect patient confidentiality.	1558

(3) All adjudications and investigations of the board shall	1559
be considered civil actions for the purposes of section 2305.252	1560
of the Revised Code.	1561

(4) Any board activity that involves continued monitoring of	1562
an individual as part of or following any disciplinary action	1563
taken under this section shall be conducted in a manner that	1564
maintains the individual's confidentiality. Information received	1565
or maintained by the board with respect to the board's monitoring	1566
activities is not subject to discovery in any civil action and is	1567
confidential, except that the board may disclose information to	1568
law enforcement officers and government entities for purposes of	1569
an investigation of a licensee or certificate holder.	1570

(J) Any action taken by the board under this section	1571
resulting in a suspension from practice shall be accompanied by a	1572
written statement of the conditions under which the person may be	1573
reinstated to practice.	1574

(K) When the board refuses to grant a license or certificate	1575
to an applicant, revokes a license or certificate, or refuses to	1576
reinstate a license or certificate, the board may specify that its	1577
action is permanent. An individual subject to permanent action	1578
taken by the board is forever ineligible to hold a license or	1579
certificate of the type that was refused or revoked and the board	1580
shall not accept from the individual an application for	1581
reinstatement of the license or certificate or for a new license	1582
or certificate.	1583

(L) No unilateral surrender of a nursing license, certificate	1584
of authority, or dialysis technician certificate issued under this	1585
chapter shall be effective unless accepted by majority vote of the	1586
board. No application for a nursing license, certificate of	1587
authority, or dialysis technician certificate issued under this	1588
chapter may be withdrawn without a majority vote of the board. The	1589
board's jurisdiction to take disciplinary action under this	1590
section is not removed or limited when an individual has a license	1591
or certificate classified as inactive or fails to renew a license	1592
or certificate.	1593

(M) Sanctions shall not be imposed under division (B)(24) of	1594
this section against any licensee who waives deductibles and	1595
copayments as follows:	1596

(1) In compliance with the health benefit plan that expressly	1597
allows such a practice. Waiver of the deductibles or copayments	1598
shall be made only with the full knowledge and consent of the plan	1599
purchaser, payer, and third-party administrator. Documentation of	1600
the consent shall be made available to the board upon request.	1601

(2) For professional services rendered to any other person	1602
licensed pursuant to this chapter to the extent allowed by this	1603
chapter and the rules of the board.	1604

Sec. 4723.481.  This section establishes standards and	1605
conditions regarding the authority of a clinical nurse specialist,	1606
certified nurse-midwife, or certified nurse practitioner to	1607
prescribe drugs and therapeutic devices under a certificate to	1608
prescribe issued under section 4723.48 of the Revised Code.	1609

(A) A clinical nurse specialist, certified nurse-midwife, or	1610
certified nurse practitioner shall not prescribe any drug or	1611
therapeutic device that is not included in the types of drugs and	1612
devices listed on the formulary established in rules adopted under	1613
section 4723.50 of the Revised Code.	1614

(B) The prescriptive authority of a clinical nurse	1615
specialist, certified nurse-midwife, or certified nurse	1616
practitioner shall not exceed the prescriptive authority of the	1617
collaborating physician or podiatrist, including the collaborating	1618
physician's authority to treat chronic pain with controlled	1619
substances and products containing tramadol as described in	1620
section 4731.052 of the Revised Code.	1621

(C)(1) Except as provided in division (C)(2) or (3) of this	1622
section, a clinical nurse specialist, certified nurse-midwife, or	1623
certified nurse practitioner may prescribe to a patient a schedule	1624
II controlled substance only if all of the following are the case:	1625

(a) The patient has a terminal condition, as defined in	1626
section 2133.01 of the Revised Code.	1627

(b) The collaborating physician of the clinical nurse	1628
specialist, certified nurse-midwife, or certified nurse	1629
practitioner initially prescribed the substance for the patient.	1630

(c) The prescription is for an amount that does not exceed	1631
the amount necessary for the patient's use in a single,	1632
twenty-four-hour period.	1633

(2) The restrictions on prescriptive authority in division	1634
(C)(1) of this section do not apply if a clinical nurse	1635
specialist, certified nurse-midwife, or certified nurse	1636
practitioner issues the prescription to the patient from any of	1637
the following locations:	1638

(a) A hospital registered under section 3701.07 of the	1639
Revised Code;	1640

(b) An entity owned or controlled, in whole or in part, by a	1641
hospital or by an entity that owns or controls, in whole or in	1642
part, one or more hospitals;	1643

(c) A health care facility operated by the department of	1644
mental health and addiction services or the department of	1645
developmental disabilities;	1646

(d) A nursing home licensed under section 3721.02 of the	1647
Revised Code or by a political subdivision certified under section	1648
3721.09 of the Revised Code;	1649

(e) A county home or district home operated under Chapter	1650
5155. of the Revised Code that is certified under the medicare or	1651
medicaid program;	1652

(f) A hospice care program, as defined in section 3712.01 of	1653
the Revised Code;	1654

(g) A community mental health services provider, as defined	1655
in section 5122.01 of the Revised Code;	1656

(h) An ambulatory surgical facility, as defined in section	1657
3702.30 of the Revised Code;	1658

(i) A freestanding birthing center, as defined in section	1659
3702.141 of the Revised Code;	1660

(j) A federally qualified health center, as defined in	1661
section 3701.047 of the Revised Code;	1662

(k) A federally qualified health center look-alike, as	1663
defined in section 3701.047 of the Revised Code;	1664

(l) A health care office or facility operated by the board of	1665
health of a city or general health district or the authority	1666
having the duties of a board of health under section 3709.05 of	1667
the Revised Code;	1668

(m) A site where a medical practice is operated, but only if	1669
the practice is comprised of one or more physicians who also are	1670
owners of the practice; the practice is organized to provide	1671
direct patient care; and the clinical nurse specialist, certified	1672
nurse-midwife, or certified nurse practitioner providing services	1673
at the site has a standard care arrangement and collaborates with	1674
at least one of the physician owners who practices primarily at	1675
that site.	1676

(3) A clinical nurse specialist, certified nurse-midwife, or	1677
certified nurse practitioner shall not issue to a patient a	1678
prescription for a schedule II controlled substance from a	1679
convenience care clinic even if the clinic is owned or operated by	1680
an entity specified in division (C)(2) of this section.	1681

(D) A pharmacist who acts in good faith reliance on a	1682
prescription issued by a clinical nurse specialist, certified	1683
nurse-midwife, or certified nurse practitioner under division	1684
(C)(2) of this section is not liable for or subject to any of the	1685
following for relying on the prescription: damages in any civil	1686
action, prosecution in any criminal proceeding, or professional	1687
disciplinary action by the state board of pharmacy under Chapter	1688
4729. of the Revised Code.	1689

(E) A clinical nurse specialist, certified nurse-midwife, or	1690
certified nurse practitioner may personally furnish to a patient a	1691
sample of any drug or therapeutic device included in the types of	1692
drugs and devices listed on the formulary, except that all of the	1693
following conditions apply:	1694

(1) The amount of the sample furnished shall not exceed a	1695
seventy-two-hour supply, except when the minimum available	1696
quantity of the sample is packaged in an amount that is greater	1697
than a seventy-two-hour supply, in which case the packaged amount	1698
may be furnished.	1699

(2) No charge may be imposed for the sample or for furnishing	1700
it.	1701

(3) Samples of controlled substances may not be personally	1702
furnished.	1703

(F) A clinical nurse specialist, certified nurse-midwife, or	1704
certified nurse practitioner may personally furnish to a patient a	1705
complete or partial supply of a drug or therapeutic device	1706
included in the types of drugs and devices listed on the	1707
formulary, except that all of the following conditions apply:	1708

(1) The clinical nurse specialist, certified nurse-midwife,	1709
or certified nurse practitioner shall personally furnish only	1710
antibiotics, antifungals, scabicides, contraceptives, prenatal	1711
vitamins, antihypertensives, drugs and devices used in the	1712
treatment of diabetes, drugs and devices used in the treatment of	1713
asthma, and drugs used in the treatment of dyslipidemia.	1714

(2) The clinical nurse specialist, certified nurse-midwife,	1715
or certified nurse practitioner shall not furnish the drugs and	1716
devices in locations other than a health department operated by	1717
the board of health of a city or general health district or the	1718
authority having the duties of a board of health under section	1719
3709.05 of the Revised Code, a federally funded comprehensive	1720
primary care clinic, or a nonprofit health care clinic or program.	1721

(3) The clinical nurse specialist, certified nurse-midwife,	1722
or certified nurse practitioner shall comply with all safety	1723
standards for personally furnishing supplies of drugs and devices,	1724
as established in rules adopted under section 4723.50 of the	1725
Revised Code.	1726

(G) A clinical nurse specialist, certified nurse-midwife, or	1727
certified nurse practitioner shall comply with section 3719.061 of	1728
the Revised Code if the nurse prescribes for a minor, as defined	1729
in that section, a compound that is a controlled substance	1730
containing an opioid analgesic, as defined in section 3719.01 of	1731
the Revised Code.	1732

Sec. 4723.486.  (A) A certificate to prescribe issued under	1733
section 4723.48 of the Revised Code that is not issued as an	1734
externship certificate is valid for two years, unless otherwise	1735
provided in rules adopted under section 4723.50 of the Revised	1736
Code or earlier suspended or revoked by the board. The board of	1737
nursing shall renew certificates to prescribe according to	1738
procedures and a renewal schedule established in rules adopted	1739
under section 4723.50 of the Revised Code.	1740

(B) Except as provided in division (C) of this section, the	1741
board may renew a certificate to prescribe if the holder submits	1742
to the board all of the following:	1743

(1) Evidence of having completed during the previous two	1744
years at least twelve hours of continuing education in advanced	1745
pharmacology, or, if the certificate has been held for less than a	1746
full renewal period, the number of hours required by the board in	1747
rules adopted under section 4723.50 of the Revised Code;	1748

(2) The fee required under section 4723.08 of the Revised	1749
Code for renewal of a certificate to prescribe;	1750

(3) Any additional information the board requires pursuant to	1751
rules adopted under section 4723.50 of the Revised Code.	1752

(C)(1) Except as provided in division (C)(2) of this section,	1753
in the case of a certificate holder seeking renewal who prescribes	1754
opioid analgesics or benzodiazepines, as defined in section	1755
3719.01 of the Revised Code, the holder shall certify to the board	1756
whether the holder has been granted access to the drug database	1757
established and maintained by the state board of pharmacy pursuant	1758
to section 4729.75 of the Revised Code.	1759

(2) The requirement in division (C)(1) of this section does	1760
not apply if eitherany of the following is the case:	1761

(a) The state board of pharmacy notifies the board of nursing	1762
pursuant to section 4729.861 of the Revised Code that the	1763
certificate holder has been restricted from obtaining further	1764
information from the drug database.	1765

(b) The state board of pharmacy no longer maintains the drug	1766
database.	1767

(c) The certificate holder does not practice nursing in this	1768
state.	1769

(3) If a certificate holder certifies to the board of nursing	1770
that the holder has been granted access to the drug database and	1771
the board finds through an audit or other means that the holder	1772
has not been granted access, the board may take action under	1773
section 4723.28 of the Revised Code.	1774

(D) The continuing education in pharmacology required under	1775
division (B)(1) of this section must be received from an	1776
accredited institution recognized by the board. The hours of	1777
continuing education required are in addition to any other	1778
continuing education requirement that must be completed pursuant	1779
to this chapter.	1780

Sec. 4725.16.  (A)(1) Each certificate of licensure, topical	1781
ocular pharmaceutical agents certificate, and therapeutic	1782
pharmaceutical agents certificate issued by the state board of	1783
optometry shall expire annually on the last day of December, and	1784
may be renewed in accordance with this section and the standard	1785
renewal procedure established under Chapter 4745. of the Revised	1786
Code.	1787

(2) An optometrist seeking to continue to practice optometry	1788
shall file with the board an application for license renewal. The	1789
application shall be in such form and require such pertinent	1790
professional biographical data as the board may require.	1791

(3)(a) Except as provided in division (A)(3)(b) of this	1792
section, in the case of an optometrist seeking renewal who holds a	1793
topical oculartherapeutic pharmaceutical agents certificate and	1794
who prescribes or personally furnishes analgesic controlled	1795
substances authorized pursuant to section 4725.091 of the Revised	1796
Code that are opioid analgesics or benzodiazepines, as defined in	1797
section 3719.01 of the Revised Code, the optometrist shall certify	1798
to the board whether the optometrist has been granted access to	1799
the drug database established and maintained by the state board of	1800
pharmacy pursuant to section 4729.75 of the Revised Code.	1801

(b) The requirement in division (A)(3)(a) of this section	1802
does not apply if eitherany of the following is the case:	1803

(i) The state board of pharmacy notifies the state board of	1804
optometry pursuant to section 4729.861 of the Revised Code that	1805
the certificate holder has been restricted from obtaining further	1806
information from the drug database.	1807

(ii) The state board of pharmacy no longer maintains the drug	1808
database.	1809

(iii) The certificate holder does not practice optometry in	1810
this state.	1811

(c) If an optometrist certifies to the state board of	1812
optometry that the optometrist has been granted access to the drug	1813
database and the board finds through an audit or other means that	1814
the optometrist has not been granted access, the board may take	1815
action under section 4725.19 of the Revised Code.	1816

(B) All licensed optometrists shall annually complete	1817
continuing education in subjects relating to the practice of	1818
optometry, to the end that the utilization and application of new	1819
techniques, scientific and clinical advances, and the achievements	1820
of research will assure comprehensive care to the public. The	1821
board shall prescribe by rule the continuing optometric education	1822
that licensed optometrists must complete. The length of study	1823
shall be twenty-five clock hours each year, including ten clock	1824
hours of instruction in pharmacology to be completed by all	1825
licensed optometrists.	1826

Unless the continuing education required under this division	1827
is waived or deferred under division (D) of this section, the	1828
continuing education must be completed during the twelve-month	1829
period beginning on the first day of October and ending on the	1830
last day of September. If the board receives notice from a	1831
continuing education program indicating that an optometrist	1832
completed the program after the last day of September, and the	1833
optometrist wants to use the continuing education completed after	1834
that day to renew the license that expires on the last day of	1835
December of that year, the optometrist shall pay the penalty	1836
specified under section 4725.34 of the Revised Code for late	1837
completion of continuing education.	1838

At least once annually, the board shall post on its web site	1839
and shall mail, or send by electronic mail, to each licensed	1840
optometrist a list of courses approved in accordance with	1841
standards prescribed by board rule. Upon the request of a licensed	1842
optometrist, the executive director of the board shall supply a	1843
list of additional courses that the board has approved subsequent	1844
to the most recent web site posting, electronic mail transmission,	1845
or mailing of the list of approved courses.	1846

(C)(1) Annually, not later than the first day of November,	1847
the board shall mail or send by electronic mail a notice regarding	1848
license renewal to each licensed optometrist who may be eligible	1849
for renewal. The notice shall be sent to the optometrist's most	1850
recent electronic mail or mailing address shown in the board's	1851
records. If the board knows that the optometrist has completed the	1852
required continuing optometric education for the year, the board	1853
may include with the notice an application for license renewal.	1854

(2) Filing a license renewal application with the board shall	1855
serve as notice by the optometrist that the continuing optometric	1856
education requirement has been successfully completed. If the	1857
board finds that an optometrist has not completed the required	1858
continuing optometric education, the board shall disapprove the	1859
optometrist's application. The board's disapproval of renewal is	1860
effective without a hearing, unless a hearing is requested	1861
pursuant to Chapter 119. of the Revised Code.	1862

(3) The board shall refuse to accept an application for	1863
renewal from any applicant whose license is not in good standing	1864
or who is under disciplinary review pursuant to section 4725.19 of	1865
the Revised Code.	1866

(4) Notice of an applicant's failure to qualify for renewal	1867
shall be served upon the applicant by mail. The notice shall be	1868
sent not later than the fifteenth day of November to the	1869
applicant's last address shown in the board's records.	1870

(D) In cases of certified illness or undue hardship, the	1871
board may waive or defer for up to twelve months the requirement	1872
of continuing optometric education, except that in such cases the	1873
board may not waive or defer the continuing education in	1874
pharmacology required to be completed by optometrists who hold	1875
topical ocular pharmaceutical agents certificates or therapeutic	1876
pharmaceutical agents certificates. The board shall waive the	1877
requirement of continuing optometric education for any optometrist	1878
who is serving on active duty in the armed forces of the United	1879
States or a reserve component of the armed forces of the United	1880
States, including the Ohio national guard or the national guard of	1881
any other state or who has received an initial certificate of	1882
licensure during the nine-month period which ended on the last day	1883
of September.	1884

(E) An optometrist whose renewal application has been	1885
approved may renew each certificate held by paying to the	1886
treasurer of state the fees for renewal specified under section	1887
4725.34 of the Revised Code. On payment of all applicable fees,	1888
the board shall issue a renewal of the optometrist's certificate	1889
of licensure, topical ocular pharmaceutical agents certificate,	1890
and therapeutic pharmaceutical agents certificate, as appropriate.	1891

(F) Not later than the fifteenth day of December, the board	1892
shall mail or send by electronic mail a second notice regarding	1893
license renewal to each licensed optometrist who may be eligible	1894
for renewal but did not respond to the notice sent under division	1895
(C)(1) of this section. The notice shall be sent to the	1896
optometrist's most recent electronic mail or mailing address shown	1897
in the board's records. If an optometrist fails to file a renewal	1898
application after the second notice is sent, the board shall send	1899
a third notice regarding license renewal prior to any action under	1900
division (I) of this section to classify the optometrist's	1901
certificates as delinquent.	1902

(G) The failure of an optometrist to apply for license	1903
renewal or the failure to pay the applicable annual renewal fees	1904
on or before the date of expiration, shall automatically work a	1905
forfeiture of the optometrist's authority to practice optometry in	1906
this state.	1907

(H) The board shall accept renewal applications and renewal	1908
fees that are submitted from the first day of January to the last	1909
day of April of the year next succeeding the date of expiration.	1910
An individual who submits such a late renewal application or fee	1911
shall pay the late renewal fee specified in section 4725.34 of the	1912
Revised Code.	1913

(I)(1) If the certificates issued by the board to an	1914
individual have expired and the individual has not filed a	1915
complete application during the late renewal period, the	1916
individual's certificates shall be classified in the board's	1917
records as delinquent.	1918

(2) Any optometrist subject to delinquent classification may	1919
submit a written application to the board for reinstatement. For	1920
reinstatement to occur, the applicant must meet all of the	1921
following conditions:	1922

(a) Submit to the board evidence of compliance with board	1923
rules requiring continuing optometric education in a sufficient	1924
number of hours to make up for any delinquent compliance;	1925

(b) Pay the renewal fees for the year in which application	1926
for reinstatement is made and the reinstatement fee specified	1927
under division (A)(8) of section 4725.34 of the Revised Code;	1928

(c) Pass all or part of the licensing examination accepted by	1929
the board under section 4725.11 of the Revised Code as the board	1930
considers appropriate to determine whether the application for	1931
reinstatement should be approved;	1932

(d) If the applicant has been practicing optometry in another	1933
state or country, submit evidence that the applicant's license to	1934
practice optometry in the other state or country is in good	1935
standing.	1936

(3) The board shall approve an application for reinstatement	1937
if the conditions specified in division (I)(2) of this section are	1938
met. An optometrist who receives reinstatement is subject to the	1939
continuing education requirements specified under division (B) of	1940
this section for the year in which reinstatement occurs.	1941

Sec. 4725.19.  (A) In accordance with Chapter 119. of the	1942
Revised Code and by an affirmative vote of a majority of its	1943
members, the state board of optometry, for any of the reasons	1944
specified in division (B) of this section, shall refuse to grant a	1945
certificate of licensure to an applicant and may, with respect to	1946
a licensed optometrist, do one or more of the following:	1947

(1) Suspend the operation of any certificate of licensure,	1948
topical ocular pharmaceutical agents certificate, or therapeutic	1949
pharmaceutical agents certificate, or all certificates granted by	1950
it to the optometrist;	1951

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

1952

(3) Limit or otherwise place restrictions on any or all of	1953
the certificates;	1954

(4) Reprimand the optometrist;

1955

(5) Impose a monetary penalty. If the reason for which the	1956
board is imposing the penalty involves a criminal offense that	1957
carries a fine under the Revised Code, the penalty shall not	1958
exceed the maximum fine that may be imposed for the criminal	1959
offense. In any other case, the penalty imposed by the board shall	1960
not exceed five hundred dollars.	1961

(6) Require the optometrist to take corrective action	1962
courses.	1963

The amount and content of corrective action courses shall be	1964
established by the board in rules adopted under section 4725.09 of	1965
the Revised Code.	1966

(B) The sanctions specified in division (A) of this section	1967
may be taken by the board for any of the following reasons:	1968

(1) Committing fraud in passing the licensing examination or	1969
making false or purposely misleading statements in an application	1970
for a certificate of licensure;	1971

(2) Being at any time guilty of immorality, regardless of the	1972
jurisdiction in which the act was committed;	1973

(3) Being guilty of dishonesty or unprofessional conduct in	1974
the practice of optometry;	1975

(4) Being at any time guilty of a felony, regardless of the	1976
jurisdiction in which the act was committed;	1977

(5) Being at any time guilty of a misdemeanor committed in	1978
the course of practice, regardless of the jurisdiction in which	1979
the act was committed;	1980

(6) Violating the conditions of any limitation or other	1981
restriction placed by the board on any certificate issued by the	1982
board;	1983

(7) Engaging in the practice of optometry as provided in	1984
division (A)(1), (2), or (3) of section 4725.01 of the Revised	1985
Code when the certificate authorizing that practice is under	1986
suspension, in which case the board shall permanently revoke the	1987
certificate;	1988

(8) Being denied a license to practice optometry in another	1989
state or country or being subject to any other sanction by the	1990
optometric licensing authority of another state or country, other	1991
than sanctions imposed for the nonpayment of fees;	1992

(9) Departing from or failing to conform to acceptable and	1993
prevailing standards of care in the practice of optometry as	1994
followed by similar practitioners under the same or similar	1995
circumstances, regardless of whether actual injury to a patient is	1996
established;	1997

(10) Failing to maintain comprehensive patient records;

1998

(11) Advertising a price of optical accessories, eye	1999
examinations, or other products or services by any means that	2000
would deceive or mislead the public;	2001

(12) Being addicted to the use of alcohol, stimulants,	2002
narcotics, or any other substance which impairs the intellect and	2003
judgment to such an extent as to hinder or diminish the	2004
performance of the duties included in the person's practice of	2005
optometry;	2006

(13) Engaging in the practice of optometry as provided in	2007
division (A)(2) or (3) of section 4725.01 of the Revised Code	2008
without authority to do so or, if authorized, in a manner	2009
inconsistent with the authority granted;	2010

(14) Failing to make a report to the board as required by	2011
division (A) of section 4725.21 or section 4725.31 of the Revised	2012
Code;	2013

(15) Soliciting patients from door to door or establishing	2014
temporary offices, in which case the board shall suspend all	2015
certificates held by the optometrist;	2016

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

2017

(a) Waiving the payment of all or any part of a deductible or	2018
copayment that a patient, pursuant to a health insurance or health	2019
care policy, contract, or plan that covers optometric services,	2020
would otherwise be required to pay if the waiver is used as an	2021
enticement to a patient or group of patients to receive health	2022
care services from that optometrist.	2023

(b) Advertising that the optometrist will waive the payment	2024
of all or any part of a deductible or copayment that a patient,	2025
pursuant to a health insurance or health care policy, contract, or	2026
plan that covers optometric services, would otherwise be required	2027
to pay.	2028

(17) Failing to comply with the requirements in section	2029
3719.061 of the Revised Code before issuing tofor a minor a	2030
prescription for a controlled substance containingan analgesic	2031
controlled substance authorized pursuant to section 4725.091 of	2032
the Revised Code that is an opioid analgesic, as defined in	2033
section 3719.01 of the Revised Code.	2034

(C) Any person who is the holder of a certificate of	2035
licensure, or who is an applicant for a certificate of licensure	2036
against whom is preferred any charges, shall be furnished by the	2037
board with a copy of the complaint and shall have a hearing before	2038
the board in accordance with Chapter 119. of the Revised Code.	2039

(D) Sanctions shall not be imposed under division (B)(16) of	2040
this section against any optometrist who waives deductibles and	2041
copayments:	2042

(1) In compliance with the health benefit plan that expressly	2043
allows such a practice. Waiver of the deductibles or copayments	2044
shall be made only with the full knowledge and consent of the plan	2045
purchaser, payer, and third-party administrator. Documentation of	2046
the consent shall be made available to the board upon request.	2047

(2) For professional services rendered to any other	2048
optometrist licensed by the board, to the extent allowed by	2049
sections 4725.01 to 4725.34 of the Revised Code and the rules of	2050
the board.	2051

Sec. 4729.12.  An identification card issued by the state	2052
board of pharmacy under section 4729.08 of the Revised Code	2053
entitles the individual to whom it is issued to practice as a	2054
pharmacist or as a pharmacy intern in this state until the next	2055
annual renewal date.	2056

Identification cards shall be renewed annually on the	2057
fifteenth day of September, according to the standard renewal	2058
procedure of Chapter 4745. of the Revised Code.	2059

Each pharmacist and pharmacy intern shall carry the	2060
identification card or renewal identification card while engaged	2061
in the practice of pharmacy. The license shall be conspicuously	2062
exposed at the principal place where the pharmacist or pharmacy	2063
intern practices pharmacy.	2064

A pharmacist or pharmacy intern who desires to continue in	2065
the practice of pharmacy shall file with the board an application	2066
in such form and containing such data as the board may require for	2067
renewal of an identification card. AnIn the case of a pharmacist	2068
who dispenses or plans to dispense controlled substances in this	2069
state, the pharmacist shall certify, as part of the application,	2070
that the pharmacist has been granted access to the drug database	2071
established and maintained by the board pursuant to section	2072
4729.75 of the Revised Code, unless the board has restricted the	2073
pharmacist from obtaining further information from the database or	2074
the board no longer maintains the database. If the pharmacist	2075
certifies to the board that the applicant has been granted access	2076
to the drug database and the board finds through an audit or other	2077
means that the pharmacist has not been granted access, the board	2078
may take action under section 4729.16 of the Revised Code.	2079

An application filed under this section for renewal of an	2080
identification card may not be withdrawn without the approval of	2081
the board. If	2082

If the board finds that thean applicant's identification	2083
card has not been revoked or placed under suspension and that the	2084
applicant has paid the renewal fee, has continued pharmacy	2085
education in accordance with the rules of the board, has been	2086
granted access to the drug database established and maintained by	2087
the board pursuant to section 4729.75 of the Revised Code (unless	2088
the board has restricted the applicant from obtaining any further	2089
information from the database or the board no longer maintains the	2090
database), and is entitled to continue in the practice of	2091
pharmacy, the board shall issue a renewal identification card to	2092
the applicant.	2093

When an identification card has lapsed for more than sixty	2094
days but application is made within three years after the	2095
expiration of the card, the applicant shall be issued a renewal	2096
identification card without further examination if the applicant	2097
meets the requirements of this section and pays the fee designated	2098
under division (A)(5) of section 4729.15 of the Revised Code.	2099

Sec. 4729.16.  (A) The state board of pharmacy, after notice	2100
and hearing in accordance with Chapter 119. of the Revised Code,	2101
may revoke, suspend, limit, place on probation, or refuse to grant	2102
or renew an identification card, or may impose a monetary penalty	2103
or forfeiture not to exceed in severity any fine designated under	2104
the Revised Code for a similar offense, or in the case of a	2105
violation of a section of the Revised Code that does not bear a	2106
penalty, a monetary penalty or forfeiture of not more than five	2107
hundred dollars, if the board finds a pharmacist or pharmacy	2108
intern:	2109

(1) Guilty of a felony or gross immorality;

2110

(2) Guilty of dishonesty or unprofessional conduct in the	2111
practice of pharmacy;	2112

(3) Addicted to or abusing liquoralcohol or drugs or	2113
impaired physically or mentally to such a degree as to render the	2114
pharmacist or pharmacy intern unfit to practice pharmacy;	2115

(4) Has been convicted of a misdemeanor related to, or	2116
committed in, the practice of pharmacy;	2117

(5) Guilty of willfully violating, conspiring to violate,	2118
attempting to violate, or aiding and abetting the violation of any	2119
of the provisions of this chapter, sections 3715.52 to 3715.72 of	2120
the Revised Code, Chapter 2925. or 3719. of the Revised Code, or	2121
any rule adopted by the board under those provisions;	2122

(6) Guilty of permitting anyone other than a pharmacist or	2123
pharmacy intern to practice pharmacy;	2124

(7) Guilty of knowingly lending the pharmacist's or pharmacy	2125
intern's name to an illegal practitioner of pharmacy or having	2126
professional connection with an illegal practitioner of pharmacy;	2127

(8) Guilty of dividing or agreeing to divide remuneration	2128
made in the practice of pharmacy with any other individual,	2129
including, but not limited to, any licensed health professional	2130
authorized to prescribe drugs or any owner, manager, or employee	2131
of a health care facility, residential care facility, or nursing	2132
home;	2133

(9) Has violated the terms of a consult agreement entered	2134
into pursuant to section 4729.39 of the Revised Code;	2135

(10) Has committed fraud, misrepresentation, or deception in	2136
applying for or securing a license or identification card issued	2137
by the board under this chapter or under Chapter 3715. or 3719. of	2138
the Revised Code.	2139

(B) Any individual whose identification card is revoked,	2140
suspended, or refused, shall return the identification card and	2141
license to the offices of the state board of pharmacy within ten	2142
days after receipt of notice of such action.	2143

(C) As used in this section:

2144

"Unprofessional conduct in the practice of pharmacy" includes	2145
any of the following:	2146

(1) Advertising or displaying signs that promote dangerous	2147
drugs to the public in a manner that is false or misleading;	2148

(2) Except as provided in section 4729.281 of the Revised	2149
Code, the sale of any drug for which a prescription is required,	2150
without having received a prescription for the drug;	2151

(3) Knowingly dispensing medication pursuant to false or	2152
forged prescriptions;	2153

(4) Knowingly failing to maintain complete and accurate	2154
records of all dangerous drugs received or dispensed in compliance	2155
with federal laws and regulations and state laws and rules;	2156

(5) Obtaining any remuneration by fraud, misrepresentation,	2157
or deception.	2158

(D) The board may suspend a license or identification card	2159
under division (B) of section 3719.121 of the Revised Code by	2160
utilizing a telephone conference call to review the allegations	2161
and take a vote.	2162

(E) If, pursuant to an adjudication under Chapter 119. of the	2163
Revised Code, the board has reasonable cause to believe that a	2164
pharmacist or pharmacy intern is physically or mentally impaired,	2165
the board may require the pharmacist or pharmacy intern to submit	2166
to a physical or mental examination, or both.	2167

Sec. 4729.18.  The state board of pharmacy shall adopt rules	2168
in accordance with Chapter 119. of the Revised Code establishing	2169
standards for approving and designating physicians and facilities	2170
as treatment providers for pharmacists with substance abuse	2171
problems and shall approve and designate treatment providers in	2172
accordance with the rules. The rules shall include standards for	2173
both inpatient and outpatient treatment. The rules shall provide	2174
that to be approved, a treatment provider must be capable of	2175
making an initial examination to determine the type of treatment	2176
required for a pharmacist with substance abuse problems. Subject	2177
to the rules, the board shall review and approve treatment	2178
providers on a regular basis and may, at its discretion, withdraw	2179
or deny approval.	2180

An approved treatment provider shall:

2181

(A) Report to the board the name of any pharmacist suffering	2182
or showing evidence of suffering impairment by reason of being	2183
addicted to or abusing liquoralcohol or drugs as described in	2184
division (A)(3) of section 4729.16 of the Revised Code who fails	2185
to comply within one week with a referral for examination;	2186

(B) Report to the board the name of any impaired pharmacist	2187
who fails to enter treatment within forty-eight hours following	2188
the provider's determination that the pharmacist needs treatment;	2189

(C) Require every pharmacist who enters treatment to agree to	2190
a treatment contract establishing the terms of treatment and	2191
aftercare, including any required supervision or restrictions of	2192
practice during treatment or aftercare;	2193

(D) Require a pharmacist to suspend practice on entering any	2194
required inpatient treatment;	2195

(E) Report to the board any failure by an impaired pharmacist	2196
to comply with the terms of the treatment contract during	2197
inpatient or outpatient treatment or aftercare;	2198

(F) Report to the board the resumption of practice of any	2199
impaired pharmacist before the treatment provider has made a clear	2200
determination that the pharmacist is capable of practicing	2201
according to acceptable and prevailing standards;	2202

(G) Require a pharmacist who resumes practice after	2203
completion of treatment to comply with an aftercare contract that	2204
meets the requirements of rules adopted by the board for approval	2205
of treatment providers;	2206

(H) Report to the board any pharmacist who suffers a relapse	2207
at any time during or following aftercare.	2208

Any pharmacist who enters into treatment by an approved	2209
treatment provider shall be deemed to have waived any	2210
confidentiality requirements that would otherwise prevent the	2211
treatment provider from making reports required under this	2212
section.	2213

In the absence of fraud or bad faith, no professional	2214
association of pharmacists licensed under this chapter that	2215
sponsors a committee or program to provide peer assistance to	2216
pharmacists with substance abuse problems, no representative or	2217
agent of such a committee or program, and no member of the state	2218
board of pharmacy shall be liable to any person for damages in a	2219
civil action by reason of actions taken to refer a pharmacist to a	2220
treatment provider designated by the board or actions or omissions	2221
of the provider in treating a pharmacist.	2222

In the absence of fraud or bad faith, no person who reports	2223
to the board a pharmacist with a suspected substance abuse problem	2224
shall be liable to any person for damages in a civil action as a	2225
result of the report.	2226

Sec. 4729.85. (A) If the state board of pharmacy establishes	2227
and maintains a drug database pursuant to section 4729.75 of the	2228
Revised Code, the board shall prepare reports regarding the	2229
database and present or submit them in accordance with both of the	2230
following:	2231

(A) The board shall present a biennial report to the standing	2232
committees of the house of representatives and the senate that are	2233
primarily responsible for considering health and human services	2234
issues. The initial report shall be presented not later than two	2235
years after the database is established.	2236

(B) Each report presented under this section shall include	2237
all of the following:	2238

(1) The cost to the state of establishing and maintaining the	2239
database;	2240

(2) Information from terminal distributors of dangerous	2241
drugs, prescribers, and the board regarding the board's	2242
effectiveness in providing information from the database;	2243

(3) The board's timeliness in transmitting information from	2244
the database.	2245

(B) The board shall submit a semiannual report to the	2246
governor, the president of the senate, the speaker of the house of	2247
representatives, the attorney general, the chairpersons of the	2248
standing committees of the house of representatives and the senate	2249
that are primarily responsible for considering health and human	2250
services issues, the department of public safety, the state dental	2251
board, the board of nursing, the state board of optometry, the	2252
state medical board, and the state veterinary medical licensing	2253
board. The state board of pharmacy shall make the report available	2254
to the public on its internet web site. Each report submitted	2255
shall include all of the following for the period covered by the	2256
report:	2257

(1) An aggregate of the information submitted to the board	2258
under section 4729.77 of the Revised Code regarding prescriptions	2259
for controlled substances containing opioids, including all of the	2260
following:	2261

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

2262

(b) The number of patients to whom the controlled substances	2263
were dispensed;	2264

(c) The average quantity of the controlled substances	2265
dispensed per prescription;	2266

(d) The average daily morphine equivalent dose of the	2267
controlled substances dispensed per prescription.	2268

(2) An aggregate of the information submitted to the board	2269
under section 4729.79 of the Revised Code regarding controlled	2270
substances containing opioids that have been personally furnished	2271
to a patient by a prescriber, other than a prescriber who is a	2272
veterinarian, including all of the following:	2273

(a) The number of prescribers who personally furnished the	2274
controlled substances;	2275

(b) The number of patients to whom the controlled substances	2276
were personally furnished;	2277

(c) The average quantity of the controlled substances that	2278
were furnished at one time;	2279

(d) The average daily morphine equivalent dose of the	2280
controlled substances that were furnished at one time.	2281

Sec. 4729.86. If the state board of pharmacy establishes and	2282
maintains a drug database pursuant to section 4729.75 of the	2283
Revised Code, all of the following apply:	2284

(A)(1) No person identified in divisions (A)(1) to (12) or	2285
(B) of section 4729.80 of the Revised Code shall disseminate any	2286
written or electronic information the person receives from the	2287
drug database or otherwise provide another person access to the	2288
information that the person receives from the database, except as	2289
follows:	2290

(a) When necessary in the investigation or prosecution of a	2291
possible or alleged criminal offense;	2292

(b) When a person provides the information to the prescriber	2293
or pharmacist for whom the person is approved by the board to	2294
serve as a delegate of the prescriber or pharmacist for purposes	2295
of requesting and receiving information from the drug database	2296
under division (A)(5) or (6) of section 4729.80 of the Revised	2297
Code;	2298

(c) When a prescriber or pharmacist provides the information	2299
to a person who is approved by the board to serve as such a	2300
delegate of the prescriber or pharmacist;	2301

(d) When a prescriber or pharmacist provides the information	2302
to a patient or patient's personal representative;	2303

(e) When a prescriber or pharmacist includes the information	2304
in a medical record, as defined in section 3701.74 of the Revised	2305
Code.	2306

(2) No person shall provide false information to the state	2307
board of pharmacy with the intent to obtain or alter information	2308
contained in the drug database.	2309

(3) No person shall obtain drug database information by any	2310
means except as provided under section 4729.80 or 4729.81 of the	2311
Revised Code.	2312

(B) A person shall not use information obtained pursuant to	2313
division (A) of section 4729.80 of the Revised Code as evidence in	2314
any civil or administrative proceeding.	2315

(C)(1) Except as provided in division (C)(2) of this section,	2316
after providing notice and affording an opportunity for a hearing	2317
in accordance with Chapter 119. of the Revised Code, the board may	2318
restrict a person from obtaining further information from the drug	2319
database if any of the following is the case:	2320

(a) The person violates division (A)(1), (2), or (3) of this	2321
section;	2322

(b) The person is a requestor identified in division (A)(13)	2323
of section 4729.80 of the Revised Code and the board determines	2324
that the person's actions in another state would have constituted	2325
a violation of division (A)(1), (2), or (3) of this section;	2326

(c) The person fails to comply with division (B) of this	2327
section, regardless of the jurisdiction in which the failure to	2328
comply occurred;	2329

(d) The person creates, by clear and convincing evidence, a	2330
threat to the security of information contained in the database.	2331

(2) If the board determines that allegations regarding a	2332
person's actions warrant restricting the person from obtaining	2333
further information from the drug database without a prior	2334
hearing, the board may summarily impose the restriction. A	2335
telephone conference call may be used for reviewing the	2336
allegations and taking a vote on the summary restriction. The	2337
summary restriction shall remain in effect, unless removed by the	2338
board, until the board's final adjudication order becomes	2339
effective.	2340

(3) The board shall determine the extent to which the person	2341
is restricted from obtaining further information from the	2342
database.	2343

Sec. 4730.25.  (A) The state medical board, by an affirmative	2344
vote of not fewer than six members, may revoke or may refuse to	2345
grant a certificate to practice as a physician assistant or a	2346
certificate to prescribe to a person found by the board to have	2347
committed fraud, misrepresentation, or deception in applying for	2348
or securing the certificate.	2349

(B) The board, by an affirmative vote of not fewer than six	2350
members, shall, to the extent permitted by law, limit, revoke, or	2351
suspend an individual's certificate to practice as a physician	2352
assistant or certificate to prescribe, refuse to issue a	2353
certificate to an applicant, refuse to reinstate a certificate, or	2354
reprimand or place on probation the holder of a certificate for	2355
any of the following reasons:	2356

(1) Failure to practice in accordance with the conditions	2357
under which the supervising physician's supervision agreement with	2358
the physician assistant was approved, including the requirement	2359
that when practicing under a particular supervising physician, the	2360
physician assistant must practice only according to the physician	2361
supervisory plan the board approved for that physician or the	2362
policies of the health care facility in which the supervising	2363
physician and physician assistant are practicing;	2364

(2) Failure to comply with the requirements of this chapter,	2365
Chapter 4731. of the Revised Code, or any rules adopted by the	2366
board;	2367

(3) Violating or attempting to violate, directly or	2368
indirectly, or assisting in or abetting the violation of, or	2369
conspiring to violate, any provision of this chapter, Chapter	2370
4731. of the Revised Code, or the rules adopted by the board;	2371

(4) Inability to practice according to acceptable and	2372
prevailing standards of care by reason of mental illness or	2373
physical illness, including physical deterioration that adversely	2374
affects cognitive, motor, or perceptive skills;	2375

(5) Impairment of ability to practice according to acceptable	2376
and prevailing standards of care because of habitual or excessive	2377
use or abuse of drugs, alcohol, or other substances that impair	2378
ability to practice;	2379

(6) Administering drugs for purposes other than those	2380
authorized under this chapter;	2381

(7) Willfully betraying a professional confidence;

2382

(8) Making a false, fraudulent, deceptive, or misleading	2383
statement in soliciting or advertising for employment as a	2384
physician assistant; in connection with any solicitation or	2385
advertisement for patients; in relation to the practice of	2386
medicine as it pertains to physician assistants; or in securing or	2387
attempting to secure a certificate to practice as a physician	2388
assistant, a certificate to prescribe, or approval of a	2389
supervision agreement.	2390

As used in this division, "false, fraudulent, deceptive, or	2391
misleading statement" means a statement that includes a	2392
misrepresentation of fact, is likely to mislead or deceive because	2393
of a failure to disclose material facts, is intended or is likely	2394
to create false or unjustified expectations of favorable results,	2395
or includes representations or implications that in reasonable	2396
probability will cause an ordinarily prudent person to	2397
misunderstand or be deceived.	2398

(9) Representing, with the purpose of obtaining compensation	2399
or other advantage personally or for any other person, that an	2400
incurable disease or injury, or other incurable condition, can be	2401
permanently cured;	2402

(10) The obtaining of, or attempting to obtain, money or	2403
anything of value by fraudulent misrepresentations in the course	2404
of practice;	2405

(11) A plea of guilty to, a judicial finding of guilt of, or	2406
a judicial finding of eligibility for intervention in lieu of	2407
conviction for, a felony;	2408

(12) Commission of an act that constitutes a felony in this	2409
state, regardless of the jurisdiction in which the act was	2410
committed;	2411

(13) A plea of guilty to, a judicial finding of guilt of, or	2412
a judicial finding of eligibility for intervention in lieu of	2413
conviction for, a misdemeanor committed in the course of practice;	2414

(14) A plea of guilty to, a judicial finding of guilt of, or	2415
a judicial finding of eligibility for intervention in lieu of	2416
conviction for, a misdemeanor involving moral turpitude;	2417

(15) Commission of an act in the course of practice that	2418
constitutes a misdemeanor in this state, regardless of the	2419
jurisdiction in which the act was committed;	2420

(16) Commission of an act involving moral turpitude that	2421
constitutes a misdemeanor in this state, regardless of the	2422
jurisdiction in which the act was committed;	2423

(17) A plea of guilty to, a judicial finding of guilt of, or	2424
a judicial finding of eligibility for intervention in lieu of	2425
conviction for violating any state or federal law regulating the	2426
possession, distribution, or use of any drug, including	2427
trafficking in drugs;	2428

(18) Any of the following actions taken by the state agency	2429
responsible for regulating the practice of physician assistants in	2430
another state, for any reason other than the nonpayment of fees:	2431
the limitation, revocation, or suspension of an individual's	2432
license to practice; acceptance of an individual's license	2433
surrender; denial of a license; refusal to renew or reinstate a	2434
license; imposition of probation; or issuance of an order of	2435
censure or other reprimand;	2436

(19) A departure from, or failure to conform to, minimal	2437
standards of care of similar physician assistants under the same	2438
or similar circumstances, regardless of whether actual injury to a	2439
patient is established;	2440

(20) Violation of the conditions placed by the board on a	2441
certificate to practice as a physician assistant, a certificate to	2442
prescribe, a physician supervisory plan, or supervision agreement;	2443

(21) Failure to use universal blood and body fluid	2444
precautions established by rules adopted under section 4731.051 of	2445
the Revised Code;	2446

(22) Failure to cooperate in an investigation conducted by	2447
the board under section 4730.26 of the Revised Code, including	2448
failure to comply with a subpoena or order issued by the board or	2449
failure to answer truthfully a question presented by the board at	2450
a deposition or in written interrogatories, except that failure to	2451
cooperate with an investigation shall not constitute grounds for	2452
discipline under this section if a court of competent jurisdiction	2453
has issued an order that either quashes a subpoena or permits the	2454
individual to withhold the testimony or evidence in issue;	2455

(23) Assisting suicide, as defined in section 3795.01 of the	2456
Revised Code;	2457

(24) Prescribing any drug or device to perform or induce an	2458
abortion, or otherwise performing or inducing an abortion;	2459

(25) Failure to comply with the requirements in section	2460
3719.061 of the Revised Code before issuing tofor a minor a	2461
prescription for a controlled substance containing an opioid	2462
analgesic, as defined in section 3719.01 of the Revised Code.	2463

(C) Disciplinary actions taken by the board under divisions	2464
(A) and (B) of this section shall be taken pursuant to an	2465
adjudication under Chapter 119. of the Revised Code, except that	2466
in lieu of an adjudication, the board may enter into a consent	2467
agreement with a physician assistant or applicant to resolve an	2468
allegation of a violation of this chapter or any rule adopted	2469
under it. A consent agreement, when ratified by an affirmative	2470
vote of not fewer than six members of the board, shall constitute	2471
the findings and order of the board with respect to the matter	2472
addressed in the agreement. If the board refuses to ratify a	2473
consent agreement, the admissions and findings contained in the	2474
consent agreement shall be of no force or effect.	2475

(D) For purposes of divisions (B)(12), (15), and (16) of this	2476
section, the commission of the act may be established by a finding	2477
by the board, pursuant to an adjudication under Chapter 119. of	2478
the Revised Code, that the applicant or certificate holder	2479
committed the act in question. The board shall have no	2480
jurisdiction under these divisions in cases where the trial court	2481
renders a final judgment in the certificate holder's favor and	2482
that judgment is based upon an adjudication on the merits. The	2483
board shall have jurisdiction under these divisions in cases where	2484
the trial court issues an order of dismissal upon technical or	2485
procedural grounds.	2486

(E) The sealing of conviction records by any court shall have	2487
no effect upon a prior board order entered under the provisions of	2488
this section or upon the board's jurisdiction to take action under	2489
the provisions of this section if, based upon a plea of guilty, a	2490
judicial finding of guilt, or a judicial finding of eligibility	2491
for intervention in lieu of conviction, the board issued a notice	2492
of opportunity for a hearing prior to the court's order to seal	2493
the records. The board shall not be required to seal, destroy,	2494
redact, or otherwise modify its records to reflect the court's	2495
sealing of conviction records.	2496

(F) For purposes of this division, any individual who holds a	2497
certificate issued under this chapter, or applies for a	2498
certificate issued under this chapter, shall be deemed to have	2499
given consent to submit to a mental or physical examination when	2500
directed to do so in writing by the board and to have waived all	2501
objections to the admissibility of testimony or examination	2502
reports that constitute a privileged communication.	2503

(1) In enforcing division (B)(4) of this section, the board,	2504
upon a showing of a possible violation, may compel any individual	2505
who holds a certificate issued under this chapter or who has	2506
applied for a certificate pursuant to this chapter to submit to a	2507
mental examination, physical examination, including an HIV test,	2508
or both a mental and physical examination. The expense of the	2509
examination is the responsibility of the individual compelled to	2510
be examined. Failure to submit to a mental or physical examination	2511
or consent to an HIV test ordered by the board constitutes an	2512
admission of the allegations against the individual unless the	2513
failure is due to circumstances beyond the individual's control,	2514
and a default and final order may be entered without the taking of	2515
testimony or presentation of evidence. If the board finds a	2516
physician assistant unable to practice because of the reasons set	2517
forth in division (B)(4) of this section, the board shall require	2518
the physician assistant to submit to care, counseling, or	2519
treatment by physicians approved or designated by the board, as a	2520
condition for an initial, continued, reinstated, or renewed	2521
certificate. An individual affected under this division shall be	2522
afforded an opportunity to demonstrate to the board the ability to	2523
resume practicing in compliance with acceptable and prevailing	2524
standards of care.	2525

(2) For purposes of division (B)(5) of this section, if the	2526
board has reason to believe that any individual who holds a	2527
certificate issued under this chapter or any applicant for a	2528
certificate suffers such impairment, the board may compel the	2529
individual to submit to a mental or physical examination, or both.	2530
The expense of the examination is the responsibility of the	2531
individual compelled to be examined. Any mental or physical	2532
examination required under this division shall be undertaken by a	2533
treatment provider or physician qualified to conduct such	2534
examination and chosen by the board.	2535

Failure to submit to a mental or physical examination ordered	2536
by the board constitutes an admission of the allegations against	2537
the individual unless the failure is due to circumstances beyond	2538
the individual's control, and a default and final order may be	2539
entered without the taking of testimony or presentation of	2540
evidence. If the board determines that the individual's ability to	2541
practice is impaired, the board shall suspend the individual's	2542
certificate or deny the individual's application and shall require	2543
the individual, as a condition for initial, continued, reinstated,	2544
or renewed certification to practice or prescribe, to submit to	2545
treatment.	2546

Before being eligible to apply for reinstatement of a	2547
certificate suspended under this division, the physician assistant	2548
shall demonstrate to the board the ability to resume practice or	2549
prescribing in compliance with acceptable and prevailing standards	2550
of care. The demonstration shall include the following:	2551

(a) Certification from a treatment provider approved under	2552
section 4731.25 of the Revised Code that the individual has	2553
successfully completed any required inpatient treatment;	2554

(b) Evidence of continuing full compliance with an aftercare	2555
contract or consent agreement;	2556

(c) Two written reports indicating that the individual's	2557
ability to practice has been assessed and that the individual has	2558
been found capable of practicing according to acceptable and	2559
prevailing standards of care. The reports shall be made by	2560
individuals or providers approved by the board for making such	2561
assessments and shall describe the basis for their determination.	2562

The board may reinstate a certificate suspended under this	2563
division after such demonstration and after the individual has	2564
entered into a written consent agreement.	2565

When the impaired physician assistant resumes practice or	2566
prescribing, the board shall require continued monitoring of the	2567
physician assistant. The monitoring shall include compliance with	2568
the written consent agreement entered into before reinstatement or	2569
with conditions imposed by board order after a hearing, and, upon	2570
termination of the consent agreement, submission to the board for	2571
at least two years of annual written progress reports made under	2572
penalty of falsification stating whether the physician assistant	2573
has maintained sobriety.	2574

(G) If the secretary and supervising member determine that	2575
there is clear and convincing evidence that a physician assistant	2576
has violated division (B) of this section and that the	2577
individual's continued practice or prescribing presents a danger	2578
of immediate and serious harm to the public, they may recommend	2579
that the board suspend the individual's certificate to practice or	2580
prescribe without a prior hearing. Written allegations shall be	2581
prepared for consideration by the board.	2582

The board, upon review of those allegations and by an	2583
affirmative vote of not fewer than six of its members, excluding	2584
the secretary and supervising member, may suspend a certificate	2585
without a prior hearing. A telephone conference call may be	2586
utilized for reviewing the allegations and taking the vote on the	2587
summary suspension.	2588

The board shall issue a written order of suspension by	2589
certified mail or in person in accordance with section 119.07 of	2590
the Revised Code. The order shall not be subject to suspension by	2591
the court during pendency of any appeal filed under section 119.12	2592
of the Revised Code. If the physician assistant requests an	2593
adjudicatory hearing by the board, the date set for the hearing	2594
shall be within fifteen days, but not earlier than seven days,	2595
after the physician assistant requests the hearing, unless	2596
otherwise agreed to by both the board and the certificate holder.	2597

A summary suspension imposed under this division shall remain	2598
in effect, unless reversed on appeal, until a final adjudicative	2599
order issued by the board pursuant to this section and Chapter	2600
119. of the Revised Code becomes effective. The board shall issue	2601
its final adjudicative order within sixty days after completion of	2602
its hearing. Failure to issue the order within sixty days shall	2603
result in dissolution of the summary suspension order, but shall	2604
not invalidate any subsequent, final adjudicative order.	2605

(H) If the board takes action under division (B)(11), (13),	2606
or (14) of this section, and the judicial finding of guilt, guilty	2607
plea, or judicial finding of eligibility for intervention in lieu	2608
of conviction is overturned on appeal, upon exhaustion of the	2609
criminal appeal, a petition for reconsideration of the order may	2610
be filed with the board along with appropriate court documents.	2611
Upon receipt of a petition and supporting court documents, the	2612
board shall reinstate the certificate to practice or prescribe.	2613
The board may then hold an adjudication under Chapter 119. of the	2614
Revised Code to determine whether the individual committed the act	2615
in question. Notice of opportunity for hearing shall be given in	2616
accordance with Chapter 119. of the Revised Code. If the board	2617
finds, pursuant to an adjudication held under this division, that	2618
the individual committed the act, or if no hearing is requested,	2619
it may order any of the sanctions identified under division (B) of	2620
this section.	2621

(I) The certificate to practice issued to a physician	2622
assistant and the physician assistant's practice in this state are	2623
automatically suspended as of the date the physician assistant	2624
pleads guilty to, is found by a judge or jury to be guilty of, or	2625
is subject to a judicial finding of eligibility for intervention	2626
in lieu of conviction in this state or treatment or intervention	2627
in lieu of conviction in another state for any of the following	2628
criminal offenses in this state or a substantially equivalent	2629
criminal offense in another jurisdiction: aggravated murder,	2630
murder, voluntary manslaughter, felonious assault, kidnapping,	2631
rape, sexual battery, gross sexual imposition, aggravated arson,	2632
aggravated robbery, or aggravated burglary. Continued practice	2633
after the suspension shall be considered practicing without a	2634
certificate.	2635

The board shall notify the individual subject to the	2636
suspension by certified mail or in person in accordance with	2637
section 119.07 of the Revised Code. If an individual whose	2638
certificate is suspended under this division fails to make a	2639
timely request for an adjudication under Chapter 119. of the	2640
Revised Code, the board shall enter a final order permanently	2641
revoking the individual's certificate to practice.	2642

(J) In any instance in which the board is required by Chapter	2643
119. of the Revised Code to give notice of opportunity for hearing	2644
and the individual subject to the notice does not timely request a	2645
hearing in accordance with section 119.07 of the Revised Code, the	2646
board is not required to hold a hearing, but may adopt, by an	2647
affirmative vote of not fewer than six of its members, a final	2648
order that contains the board's findings. In that final order, the	2649
board may order any of the sanctions identified under division (A)	2650
or (B) of this section.	2651

(K) Any action taken by the board under division (B) of this	2652
section resulting in a suspension shall be accompanied by a	2653
written statement of the conditions under which the physician	2654
assistant's certificate may be reinstated. The board shall adopt	2655
rules in accordance with Chapter 119. of the Revised Code	2656
governing conditions to be imposed for reinstatement.	2657
Reinstatement of a certificate suspended pursuant to division (B)	2658
of this section requires an affirmative vote of not fewer than six	2659
members of the board.	2660

(L) When the board refuses to grant to an applicant a	2661
certificate to practice as a physician assistant or a certificate	2662
to prescribe, revokes an individual's certificate, refuses to	2663
issue a certificate, or refuses to reinstate an individual's	2664
certificate, the board may specify that its action is permanent.	2665
An individual subject to a permanent action taken by the board is	2666
forever thereafter ineligible to hold the certificate and the	2667
board shall not accept an application for reinstatement of the	2668
certificate or for issuance of a new certificate.	2669

(M) Notwithstanding any other provision of the Revised Code,	2670
all of the following apply:	2671

(1) The surrender of a certificate issued under this chapter	2672
is not effective unless or until accepted by the board.	2673
Reinstatement of a certificate surrendered to the board requires	2674
an affirmative vote of not fewer than six members of the board.	2675

(2) An application made under this chapter for a certificate,	2676
approval of a physician supervisory plan, or approval of a	2677
supervision agreement may not be withdrawn without approval of the	2678
board.	2679

(3) Failure by an individual to renew a certificate in	2680
accordance with section 4730.14 or section 4730.48 of the Revised	2681
Code shall not remove or limit the board's jurisdiction to take	2682
disciplinary action under this section against the individual.	2683

Sec. 4730.41.  (A) A certificate to prescribe issued under	2684
this chapter authorizes a physician assistant to prescribe and	2685
personally furnish drugs and therapeutic devices in the exercise	2686
of physician-delegated prescriptive authority.	2687

(B) In exercising physician-delegated prescriptive authority,	2688
a physician assistant is subject to all of the following:	2689

(1) The physician assistant shall exercise	2690
physician-delegated prescriptive authority only to the extent that	2691
the physician supervising the physician assistant has granted that	2692
authority.	2693

(2) The physician assistant shall comply with all conditions	2694
placed on the physician-delegated prescriptive authority, as	2695
specified by the supervising physician who is supervising the	2696
physician assistant in the exercise of physician-delegated	2697
prescriptive authority.	2698

(3) If the physician assistant possesses physician-delegated	2699
prescriptive authority for controlled substances, the physician	2700
assistant shall register with the federal drug enforcement	2701
administration.	2702

(4) If the physician assistant possesses physician-delegated	2703
prescriptive authority for schedule II controlled substances, the	2704
physician assistant shall comply with section 4730.411 of the	2705
Revised Code.	2706

(5) If the physician assistant possesses physician-delegated	2707
prescriptive authority to prescribe for a minor an opioid	2708
analgesic, as those terms are defined in sectionsections	2709
3719.061 and 3719.01 of the Revised Code, a compound that is a	2710
controlled substance containing an opioidrespectively, the	2711
physician assistant shall comply with section 3719.061 of the	2712
Revised Code.	2713

Sec. 4730.48. (A)(1) Except in the case of a provisional	2714
certificate to prescribe, a physician assistant's certificate to	2715
prescribe expires on the same date as the physician assistant's	2716
certificate to practice as a physician assistant, as provided in	2717
section 4730.14 of the Revised Code. The certificate to prescribe	2718
may be renewed in accordance with this section.	2719

(2) A person seeking to renew a certificate to prescribe	2720
shall, on or before the thirty-first day of January of each	2721
even-numbered year, apply for renewal of the certificate. The	2722
state medical board shall send renewal notices at least one month	2723
prior to the expiration date. The notice may be sent as part of	2724
the notice sent for renewal of the certificate to practice.	2725

(3) Applications for renewal shall be submitted to the board	2726
on forms the board shall prescribe and furnish. An application for	2727
renewal of a certificate to prescribe may be submitted in	2728
conjunction with an application for renewal of a certificate to	2729
practice.	2730

(4)(a) Except as provided in division (A)(4)(b) of this	2731
section, in the case of an applicant who prescribes opioid	2732
analgesics or benzodiazepines, as defined in section 3719.01 of	2733
the Revised Code, the applicant shall certify to the board whether	2734
the applicant has been granted access to the drug database	2735
established and maintained by the state board of pharmacy pursuant	2736
to section 4729.75 of the Revised Code.	2737

(b) The requirement in division (A)(4)(a) of this section	2738
does not apply if eitherany of the following is the case:	2739

(i) The state board of pharmacy notifies the state medical	2740
board pursuant to section 4729.861 of the Revised Code that the	2741
applicant has been restricted from obtaining further information	2742
from the drug database.	2743

(ii) The state board of pharmacy no longer maintains the	2744
drug database.	2745

(iii) The applicant does not practice as a physician	2746
assistant in this state.	2747

(c) If an applicant certifies to the state medical board that	2748
the applicant has been granted access to the drug database and the	2749
board finds through an audit or other means that the applicant has	2750
not been granted access, the board may take action under section	2751
4730.25 of the Revised Code.	2752

(5) Each application for renewal of a certificate to	2753
prescribe shall be accompanied by a biennial renewal fee of fifty	2754
dollars. The board shall deposit the fees in accordance with	2755
section 4731.24 of the Revised Code.	2756

(6) The applicant shall report any criminal offense that	2757
constitutes grounds under section 4730.25 of the Revised Code for	2758
refusing to issue a certificate to prescribe to which the	2759
applicant has pleaded guilty, of which the applicant has been	2760
found guilty, or for which the applicant has been found eligible	2761
for intervention in lieu of conviction, since last signing an	2762
application for a certificate to prescribe.	2763

(B) The board shall review all renewal applications received.	2764
If an applicant submits a complete renewal application and meets	2765
the requirements for renewal specified in section 4730.49 of the	2766
Revised Code, the board shall issue to the applicant a renewed	2767
certificate to prescribe.	2768

Sec. 4731.22.  (A) The state medical board, by an affirmative	2769
vote of not fewer than six of its members, may limit, revoke, or	2770
suspend an individual's certificate to practice, refuse to grant a	2771
certificate to an individual, refuse to register an individual,	2772
refuse to reinstate a certificate, or reprimand or place on	2773
probation the holder of a certificate if the individual or	2774
certificate holder is found by the board to have committed fraud	2775
during the administration of the examination for a certificate to	2776
practice or to have committed fraud, misrepresentation, or	2777
deception in applying for or securing any certificate to practice	2778
or certificate of registration issued by the board.	2779

(B) The board, by an affirmative vote of not fewer than six	2780
members, shall, to the extent permitted by law, limit, revoke, or	2781
suspend an individual's certificate to practice, refuse to	2782
register an individual, refuse to reinstate a certificate, or	2783
reprimand or place on probation the holder of a certificate for	2784
one or more of the following reasons:	2785

(1) Permitting one's name or one's certificate to practice or	2786
certificate of registration to be used by a person, group, or	2787
corporation when the individual concerned is not actually	2788
directing the treatment given;	2789

(2) Failure to maintain minimal standards applicable to the	2790
selection or administration of drugs, or failure to employ	2791
acceptable scientific methods in the selection of drugs or other	2792
modalities for treatment of disease;	2793

(3) Selling, giving away, personally furnishing, prescribing,	2794
or administering drugs for other than legal and legitimate	2795
therapeutic purposes or a plea of guilty to, a judicial finding of	2796
guilt of, or a judicial finding of eligibility for intervention in	2797
lieu of conviction of, a violation of any federal or state law	2798
regulating the possession, distribution, or use of any drug;	2799

(4) Willfully betraying a professional confidence.

2800

For purposes of this division, "willfully betraying a	2801
professional confidence" does not include providing any	2802
information, documents, or reports to a child fatality review	2803
board under sections 307.621 to 307.629 of the Revised Code and	2804
does not include the making of a report of an employee's use of a	2805
drug of abuse, or a report of a condition of an employee other	2806
than one involving the use of a drug of abuse, to the employer of	2807
the employee as described in division (B) of section 2305.33 of	2808
the Revised Code. Nothing in this division affects the immunity	2809
from civil liability conferred by that section upon a physician	2810
who makes either type of report in accordance with division (B) of	2811
that section. As used in this division, "employee," "employer,"	2812
and "physician" have the same meanings as in section 2305.33 of	2813
the Revised Code.	2814

(5) Making a false, fraudulent, deceptive, or misleading	2815
statement in the solicitation of or advertising for patients; in	2816
relation to the practice of medicine and surgery, osteopathic	2817
medicine and surgery, podiatric medicine and surgery, or a limited	2818
branch of medicine; or in securing or attempting to secure any	2819
certificate to practice or certificate of registration issued by	2820
the board.	2821

As used in this division, "false, fraudulent, deceptive, or	2822
misleading statement" means a statement that includes a	2823
misrepresentation of fact, is likely to mislead or deceive because	2824
of a failure to disclose material facts, is intended or is likely	2825
to create false or unjustified expectations of favorable results,	2826
or includes representations or implications that in reasonable	2827
probability will cause an ordinarily prudent person to	2828
misunderstand or be deceived.	2829

(6) A departure from, or the failure to conform to, minimal	2830
standards of care of similar practitioners under the same or	2831
similar circumstances, whether or not actual injury to a patient	2832
is established;	2833

(7) Representing, with the purpose of obtaining compensation	2834
or other advantage as personal gain or for any other person, that	2835
an incurable disease or injury, or other incurable condition, can	2836
be permanently cured;	2837

(8) The obtaining of, or attempting to obtain, money or	2838
anything of value by fraudulent misrepresentations in the course	2839
of practice;	2840

(9) A plea of guilty to, a judicial finding of guilt of, or a	2841
judicial finding of eligibility for intervention in lieu of	2842
conviction for, a felony;	2843

(10) Commission of an act that constitutes a felony in this	2844
state, regardless of the jurisdiction in which the act was	2845
committed;	2846

(11) A plea of guilty to, a judicial finding of guilt of, or	2847
a judicial finding of eligibility for intervention in lieu of	2848
conviction for, a misdemeanor committed in the course of practice;	2849

(12) Commission of an act in the course of practice that	2850
constitutes a misdemeanor in this state, regardless of the	2851
jurisdiction in which the act was committed;	2852

(13) A plea of guilty to, a judicial finding of guilt of, or	2853
a judicial finding of eligibility for intervention in lieu of	2854
conviction for, a misdemeanor involving moral turpitude;	2855

(14) Commission of an act involving moral turpitude that	2856
constitutes a misdemeanor in this state, regardless of the	2857
jurisdiction in which the act was committed;	2858

(15) Violation of the conditions of limitation placed by the	2859
board upon a certificate to practice;	2860

(16) Failure to pay license renewal fees specified in this	2861
chapter;	2862

(17) Except as authorized in section 4731.31 of the Revised	2863
Code, engaging in the division of fees for referral of patients,	2864
or the receiving of a thing of value in return for a specific	2865
referral of a patient to utilize a particular service or business;	2866

(18) Subject to section 4731.226 of the Revised Code,	2867
violation of any provision of a code of ethics of the American	2868
medical association, the American osteopathic association, the	2869
American podiatric medical association, or any other national	2870
professional organizations that the board specifies by rule. The	2871
state medical board shall obtain and keep on file current copies	2872
of the codes of ethics of the various national professional	2873
organizations. The individual whose certificate is being suspended	2874
or revoked shall not be found to have violated any provision of a	2875
code of ethics of an organization not appropriate to the	2876
individual's profession.	2877

For purposes of this division, a "provision of a code of	2878
ethics of a national professional organization" does not include	2879
any provision that would preclude the making of a report by a	2880
physician of an employee's use of a drug of abuse, or of a	2881
condition of an employee other than one involving the use of a	2882
drug of abuse, to the employer of the employee as described in	2883
division (B) of section 2305.33 of the Revised Code. Nothing in	2884
this division affects the immunity from civil liability conferred	2885
by that section upon a physician who makes either type of report	2886
in accordance with division (B) of that section. As used in this	2887
division, "employee," "employer," and "physician" have the same	2888
meanings as in section 2305.33 of the Revised Code.	2889

(19) Inability to practice according to acceptable and	2890
prevailing standards of care by reason of mental illness or	2891
physical illness, including, but not limited to, physical	2892
deterioration that adversely affects cognitive, motor, or	2893
perceptive skills.	2894

In enforcing this division, the board, upon a showing of a	2895
possible violation, may compel any individual authorized to	2896
practice by this chapter or who has submitted an application	2897
pursuant to this chapter to submit to a mental examination,	2898
physical examination, including an HIV test, or both a mental and	2899
a physical examination. The expense of the examination is the	2900
responsibility of the individual compelled to be examined. Failure	2901
to submit to a mental or physical examination or consent to an HIV	2902
test ordered by the board constitutes an admission of the	2903
allegations against the individual unless the failure is due to	2904
circumstances beyond the individual's control, and a default and	2905
final order may be entered without the taking of testimony or	2906
presentation of evidence. If the board finds an individual unable	2907
to practice because of the reasons set forth in this division, the	2908
board shall require the individual to submit to care, counseling,	2909
or treatment by physicians approved or designated by the board, as	2910
a condition for initial, continued, reinstated, or renewed	2911
authority to practice. An individual affected under this division	2912
shall be afforded an opportunity to demonstrate to the board the	2913
ability to resume practice in compliance with acceptable and	2914
prevailing standards under the provisions of the individual's	2915
certificate. For the purpose of this division, any individual who	2916
applies for or receives a certificate to practice under this	2917
chapter accepts the privilege of practicing in this state and, by	2918
so doing, shall be deemed to have given consent to submit to a	2919
mental or physical examination when directed to do so in writing	2920
by the board, and to have waived all objections to the	2921
admissibility of testimony or examination reports that constitute	2922
a privileged communication.	2923

(20) Except when civil penalties are imposed under section	2924
4731.225 or 4731.281 of the Revised Code, and subject to section	2925
4731.226 of the Revised Code, violating or attempting to violate,	2926
directly or indirectly, or assisting in or abetting the violation	2927
of, or conspiring to violate, any provisions of this chapter or	2928
any rule promulgated by the board.	2929

This division does not apply to a violation or attempted	2930
violation of, assisting in or abetting the violation of, or a	2931
conspiracy to violate, any provision of this chapter or any rule	2932
adopted by the board that would preclude the making of a report by	2933
a physician of an employee's use of a drug of abuse, or of a	2934
condition of an employee other than one involving the use of a	2935
drug of abuse, to the employer of the employee as described in	2936
division (B) of section 2305.33 of the Revised Code. Nothing in	2937
this division affects the immunity from civil liability conferred	2938
by that section upon a physician who makes either type of report	2939
in accordance with division (B) of that section. As used in this	2940
division, "employee," "employer," and "physician" have the same	2941
meanings as in section 2305.33 of the Revised Code.	2942

(21) The violation of section 3701.79 of the Revised Code or	2943
of any abortion rule adopted by the public health council pursuant	2944
to section 3701.341 of the Revised Code;	2945

(22) Any of the following actions taken by an agency	2946
responsible for authorizing, certifying, or regulating an	2947
individual to practice a health care occupation or provide health	2948
care services in this state or another jurisdiction, for any	2949
reason other than the nonpayment of fees: the limitation,	2950
revocation, or suspension of an individual's license to practice;	2951
acceptance of an individual's license surrender; denial of a	2952
license; refusal to renew or reinstate a license; imposition of	2953
probation; or issuance of an order of censure or other reprimand;	2954

(23) The violation of section 2919.12 of the Revised Code or	2955
the performance or inducement of an abortion upon a pregnant woman	2956
with actual knowledge that the conditions specified in division	2957
(B) of section 2317.56 of the Revised Code have not been satisfied	2958
or with a heedless indifference as to whether those conditions	2959
have been satisfied, unless an affirmative defense as specified in	2960
division (H)(2) of that section would apply in a civil action	2961
authorized by division (H)(1) of that section;	2962

(24) The revocation, suspension, restriction, reduction, or	2963
termination of clinical privileges by the United States department	2964
of defense or department of veterans affairs or the termination or	2965
suspension of a certificate of registration to prescribe drugs by	2966
the drug enforcement administration of the United States	2967
department of justice;	2968

(25) Termination or suspension from participation in the	2969
medicare or medicaid programs by the department of health and	2970
human services or other responsible agency for any act or acts	2971
that also would constitute a violation of division (B)(2), (3),	2972
(6), (8), or (19) of this section;	2973

(26) Impairment of ability to practice according to	2974
acceptable and prevailing standards of care because of habitual or	2975
excessive use or abuse of drugs, alcohol, or other substances that	2976
impair ability to practice.	2977

For the purposes of this division, any individual authorized	2978
to practice by this chapter accepts the privilege of practicing in	2979
this state subject to supervision by the board. By filing an	2980
application for or holding a certificate to practice under this	2981
chapter, an individual shall be deemed to have given consent to	2982
submit to a mental or physical examination when ordered to do so	2983
by the board in writing, and to have waived all objections to the	2984
admissibility of testimony or examination reports that constitute	2985
privileged communications.	2986

If it has reason to believe that any individual authorized to	2987
practice by this chapter or any applicant for certification to	2988
practice suffers such impairment, the board may compel the	2989
individual to submit to a mental or physical examination, or both.	2990
The expense of the examination is the responsibility of the	2991
individual compelled to be examined. Any mental or physical	2992
examination required under this division shall be undertaken by a	2993
treatment provider or physician who is qualified to conduct the	2994
examination and who is chosen by the board.	2995

Failure to submit to a mental or physical examination ordered	2996
by the board constitutes an admission of the allegations against	2997
the individual unless the failure is due to circumstances beyond	2998
the individual's control, and a default and final order may be	2999
entered without the taking of testimony or presentation of	3000
evidence. If the board determines that the individual's ability to	3001
practice is impaired, the board shall suspend the individual's	3002
certificate or deny the individual's application and shall require	3003
the individual, as a condition for initial, continued, reinstated,	3004
or renewed certification to practice, to submit to treatment.	3005

Before being eligible to apply for reinstatement of a	3006
certificate suspended under this division, the impaired	3007
practitioner shall demonstrate to the board the ability to resume	3008
practice in compliance with acceptable and prevailing standards of	3009
care under the provisions of the practitioner's certificate. The	3010
demonstration shall include, but shall not be limited to, the	3011
following:	3012

(a) Certification from a treatment provider approved under	3013
section 4731.25 of the Revised Code that the individual has	3014
successfully completed any required inpatient treatment;	3015

(b) Evidence of continuing full compliance with an aftercare	3016
contract or consent agreement;	3017

(c) Two written reports indicating that the individual's	3018
ability to practice has been assessed and that the individual has	3019
been found capable of practicing according to acceptable and	3020
prevailing standards of care. The reports shall be made by	3021
individuals or providers approved by the board for making the	3022
assessments and shall describe the basis for their determination.	3023

The board may reinstate a certificate suspended under this	3024
division after that demonstration and after the individual has	3025
entered into a written consent agreement.	3026

When the impaired practitioner resumes practice, the board	3027
shall require continued monitoring of the individual. The	3028
monitoring shall include, but not be limited to, compliance with	3029
the written consent agreement entered into before reinstatement or	3030
with conditions imposed by board order after a hearing, and, upon	3031
termination of the consent agreement, submission to the board for	3032
at least two years of annual written progress reports made under	3033
penalty of perjury stating whether the individual has maintained	3034
sobriety.	3035

(27) A second or subsequent violation of section 4731.66 or	3036
4731.69 of the Revised Code;	3037

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

3038

(a) Waiving the payment of all or any part of a deductible or	3039
copayment that a patient, pursuant to a health insurance or health	3040
care policy, contract, or plan that covers the individual's	3041
services, otherwise would be required to pay if the waiver is used	3042
as an enticement to a patient or group of patients to receive	3043
health care services from that individual;	3044

(b) Advertising that the individual will waive the payment of	3045
all or any part of a deductible or copayment that a patient,	3046
pursuant to a health insurance or health care policy, contract, or	3047
plan that covers the individual's services, otherwise would be	3048
required to pay.	3049

(29) Failure to use universal blood and body fluid	3050
precautions established by rules adopted under section 4731.051 of	3051
the Revised Code;	3052

(30) Failure to provide notice to, and receive acknowledgment	3053
of the notice from, a patient when required by section 4731.143 of	3054
the Revised Code prior to providing nonemergency professional	3055
services, or failure to maintain that notice in the patient's	3056
file;	3057

(31) Failure of a physician supervising a physician assistant	3058
to maintain supervision in accordance with the requirements of	3059
Chapter 4730. of the Revised Code and the rules adopted under that	3060
chapter;	3061

(32) Failure of a physician or podiatrist to enter into a	3062
standard care arrangement with a clinical nurse specialist,	3063
certified nurse-midwife, or certified nurse practitioner with whom	3064
the physician or podiatrist is in collaboration pursuant to	3065
section 4731.27 of the Revised Code or failure to fulfill the	3066
responsibilities of collaboration after entering into a standard	3067
care arrangement;	3068

(33) Failure to comply with the terms of a consult agreement	3069
entered into with a pharmacist pursuant to section 4729.39 of the	3070
Revised Code;	3071

(34) Failure to cooperate in an investigation conducted by	3072
the board under division (F) of this section, including failure to	3073
comply with a subpoena or order issued by the board or failure to	3074
answer truthfully a question presented by the board in an	3075
investigative interview, an investigative office conference, at a	3076
deposition, or in written interrogatories, except that failure to	3077
cooperate with an investigation shall not constitute grounds for	3078
discipline under this section if a court of competent jurisdiction	3079
has issued an order that either quashes a subpoena or permits the	3080
individual to withhold the testimony or evidence in issue;	3081

(35) Failure to supervise an oriental medicine practitioner	3082
or acupuncturist in accordance with Chapter 4762. of the Revised	3083
Code and the board's rules for providing that supervision;	3084

(36) Failure to supervise an anesthesiologist assistant in	3085
accordance with Chapter 4760. of the Revised Code and the board's	3086
rules for supervision of an anesthesiologist assistant;	3087

(37) Assisting suicide, as defined in section 3795.01 of the	3088
Revised Code;	3089

(38) Failure to comply with the requirements of section	3090
2317.561 of the Revised Code;	3091

(39) Failure to supervise a radiologist assistant in	3092
accordance with Chapter 4774. of the Revised Code and the board's	3093
rules for supervision of radiologist assistants;	3094

(40) Performing or inducing an abortion at an office or	3095
facility with knowledge that the office or facility fails to post	3096
the notice required under section 3701.791 of the Revised Code;	3097

(41) Failure to comply with the standards and procedures	3098
established in rules under section 4731.054 of the Revised Code	3099
for the operation of or the provision of care at a pain management	3100
clinic;	3101

(42) Failure to comply with the standards and procedures	3102
established in rules under section 4731.054 of the Revised Code	3103
for providing supervision, direction, and control of individuals	3104
at a pain management clinic;	3105

(43) Failure to comply with the requirements of section	3106
4729.79 of the Revised Code, unless the state board of pharmacy no	3107
longer maintains a drug database pursuant to section 4729.75 of	3108
the Revised Code;	3109

(44) Failure to comply with the requirements of section	3110
2919.171 of the Revised Code or failure to submit to the	3111
department of health in accordance with a court order a complete	3112
report as described in section 2919.171 of the Revised Code;	3113

(45) Practicing at a facility that is subject to licensure as	3114
a category III terminal distributor of dangerous drugs with a pain	3115
management clinic classification unless the person operating the	3116
facility has obtained and maintains the license with the	3117
classification;	3118

(46) Owning a facility that is subject to licensure as a	3119
category III terminal distributor of dangerous drugs with a pain	3120
management clinic classification unless the facility is licensed	3121
with the classification;	3122

(47) Failure to comply with the requirement regarding	3123
maintaining notes described in division (B) of section 2919.191 of	3124
the Revised Code or failure to satisfy the requirements of section	3125
2919.191 of the Revised Code prior to performing or inducing an	3126
abortion upon a pregnant woman;	3127

(48) Failure to comply with the requirements in section	3128
3719.061 of the Revised Code before issuing tofor a minor a	3129
prescription for a controlled substance containing an opioid	3130
analgesic, as defined in section 3719.01 of the Revised Code.	3131

(C) Disciplinary actions taken by the board under divisions	3132
(A) and (B) of this section shall be taken pursuant to an	3133
adjudication under Chapter 119. of the Revised Code, except that	3134
in lieu of an adjudication, the board may enter into a consent	3135
agreement with an individual to resolve an allegation of a	3136
violation of this chapter or any rule adopted under it. A consent	3137
agreement, when ratified by an affirmative vote of not fewer than	3138
six members of the board, shall constitute the findings and order	3139
of the board with respect to the matter addressed in the	3140
agreement. If the board refuses to ratify a consent agreement, the	3141
admissions and findings contained in the consent agreement shall	3142
be of no force or effect.	3143

A telephone conference call may be utilized for ratification	3144
of a consent agreement that revokes or suspends an individual's	3145
certificate to practice. The telephone conference call shall be	3146
considered a special meeting under division (F) of section 121.22	3147
of the Revised Code.	3148

If the board takes disciplinary action against an individual	3149
under division (B) of this section for a second or subsequent plea	3150
of guilty to, or judicial finding of guilt of, a violation of	3151
section 2919.123 of the Revised Code, the disciplinary action	3152
shall consist of a suspension of the individual's certificate to	3153
practice for a period of at least one year or, if determined	3154
appropriate by the board, a more serious sanction involving the	3155
individual's certificate to practice. Any consent agreement	3156
entered into under this division with an individual that pertains	3157
to a second or subsequent plea of guilty to, or judicial finding	3158
of guilt of, a violation of that section shall provide for a	3159
suspension of the individual's certificate to practice for a	3160
period of at least one year or, if determined appropriate by the	3161
board, a more serious sanction involving the individual's	3162
certificate to practice.	3163

(D) For purposes of divisions (B)(10), (12), and (14) of this	3164
section, the commission of the act may be established by a finding	3165
by the board, pursuant to an adjudication under Chapter 119. of	3166
the Revised Code, that the individual committed the act. The board	3167
does not have jurisdiction under those divisions if the trial	3168
court renders a final judgment in the individual's favor and that	3169
judgment is based upon an adjudication on the merits. The board	3170
has jurisdiction under those divisions if the trial court issues	3171
an order of dismissal upon technical or procedural grounds.	3172

(E) The sealing of conviction records by any court shall have	3173
no effect upon a prior board order entered under this section or	3174
upon the board's jurisdiction to take action under this section	3175
if, based upon a plea of guilty, a judicial finding of guilt, or a	3176
judicial finding of eligibility for intervention in lieu of	3177
conviction, the board issued a notice of opportunity for a hearing	3178
prior to the court's order to seal the records. The board shall	3179
not be required to seal, destroy, redact, or otherwise modify its	3180
records to reflect the court's sealing of conviction records.	3181

(F)(1) The board shall investigate evidence that appears to	3182
show that a person has violated any provision of this chapter or	3183
any rule adopted under it. Any person may report to the board in a	3184
signed writing any information that the person may have that	3185
appears to show a violation of any provision of this chapter or	3186
any rule adopted under it. In the absence of bad faith, any person	3187
who reports information of that nature or who testifies before the	3188
board in any adjudication conducted under Chapter 119. of the	3189
Revised Code shall not be liable in damages in a civil action as a	3190
result of the report or testimony. Each complaint or allegation of	3191
a violation received by the board shall be assigned a case number	3192
and shall be recorded by the board.	3193

(2) Investigations of alleged violations of this chapter or	3194
any rule adopted under it shall be supervised by the supervising	3195
member elected by the board in accordance with section 4731.02 of	3196
the Revised Code and by the secretary as provided in section	3197
4731.39 of the Revised Code. The president may designate another	3198
member of the board to supervise the investigation in place of the	3199
supervising member. No member of the board who supervises the	3200
investigation of a case shall participate in further adjudication	3201
of the case.	3202

(3) In investigating a possible violation of this chapter or	3203
any rule adopted under this chapter, or in conducting an	3204
inspection under division (E) of section 4731.054 of the Revised	3205
Code, the board may question witnesses, conduct interviews,	3206
administer oaths, order the taking of depositions, inspect and	3207
copy any books, accounts, papers, records, or documents, issue	3208
subpoenas, and compel the attendance of witnesses and production	3209
of books, accounts, papers, records, documents, and testimony,	3210
except that a subpoena for patient record information shall not be	3211
issued without consultation with the attorney general's office and	3212
approval of the secretary and supervising member of the board.	3213

(a) Before issuance of a subpoena for patient record	3214
information, the secretary and supervising member shall determine	3215
whether there is probable cause to believe that the complaint	3216
filed alleges a violation of this chapter or any rule adopted	3217
under it and that the records sought are relevant to the alleged	3218
violation and material to the investigation. The subpoena may	3219
apply only to records that cover a reasonable period of time	3220
surrounding the alleged violation.	3221

(b) On failure to comply with any subpoena issued by the	3222
board and after reasonable notice to the person being subpoenaed,	3223
the board may move for an order compelling the production of	3224
persons or records pursuant to the Rules of Civil Procedure.	3225

(c) A subpoena issued by the board may be served by a	3226
sheriff, the sheriff's deputy, or a board employee designated by	3227
the board. Service of a subpoena issued by the board may be made	3228
by delivering a copy of the subpoena to the person named therein,	3229
reading it to the person, or leaving it at the person's usual	3230
place of residence, usual place of business, or address on file	3231
with the board. When serving a subpoena to an applicant for or the	3232
holder of a certificate issued under this chapter, service of the	3233
subpoena may be made by certified mail, return receipt requested,	3234
and the subpoena shall be deemed served on the date delivery is	3235
made or the date the person refuses to accept delivery. If the	3236
person being served refuses to accept the subpoena or is not	3237
located, service may be made to an attorney who notifies the board	3238
that the attorney is representing the person.	3239

(d) A sheriff's deputy who serves a subpoena shall receive	3240
the same fees as a sheriff. Each witness who appears before the	3241
board in obedience to a subpoena shall receive the fees and	3242
mileage provided for under section 119.094 of the Revised Code.	3243

(4) All hearings, investigations, and inspections of the	3244
board shall be considered civil actions for the purposes of	3245
section 2305.252 of the Revised Code.	3246

(5) A report required to be submitted to the board under this	3247
chapter, a complaint, or information received by the board	3248
pursuant to an investigation or pursuant to an inspection under	3249
division (E) of section 4731.054 of the Revised Code is	3250
confidential and not subject to discovery in any civil action.	3251

The board shall conduct all investigations or inspections and	3252
proceedings in a manner that protects the confidentiality of	3253
patients and persons who file complaints with the board. The board	3254
shall not make public the names or any other identifying	3255
information about patients or complainants unless proper consent	3256
is given or, in the case of a patient, a waiver of the patient	3257
privilege exists under division (B) of section 2317.02 of the	3258
Revised Code, except that consent or a waiver of that nature is	3259
not required if the board possesses reliable and substantial	3260
evidence that no bona fide physician-patient relationship exists.	3261

The board may share any information it receives pursuant to	3262
an investigation or inspection, including patient records and	3263
patient record information, with law enforcement agencies, other	3264
licensing boards, and other governmental agencies that are	3265
prosecuting, adjudicating, or investigating alleged violations of	3266
statutes or administrative rules. An agency or board that receives	3267
the information shall comply with the same requirements regarding	3268
confidentiality as those with which the state medical board must	3269
comply, notwithstanding any conflicting provision of the Revised	3270
Code or procedure of the agency or board that applies when it is	3271
dealing with other information in its possession. In a judicial	3272
proceeding, the information may be admitted into evidence only in	3273
accordance with the Rules of Evidence, but the court shall require	3274
that appropriate measures are taken to ensure that confidentiality	3275
is maintained with respect to any part of the information that	3276
contains names or other identifying information about patients or	3277
complainants whose confidentiality was protected by the state	3278
medical board when the information was in the board's possession.	3279
Measures to ensure confidentiality that may be taken by the court	3280
include sealing its records or deleting specific information from	3281
its records.	3282

(6) On a quarterly basis, the board shall prepare a report	3283
that documents the disposition of all cases during the preceding	3284
three months. The report shall contain the following information	3285
for each case with which the board has completed its activities:	3286

(a) The case number assigned to the complaint or alleged	3287
violation;	3288

(b) The type of certificate to practice, if any, held by the	3289
individual against whom the complaint is directed;	3290

(c) A description of the allegations contained in the	3291
complaint;	3292

(d) The disposition of the case.

3293

The report shall state how many cases are still pending and	3294
shall be prepared in a manner that protects the identity of each	3295
person involved in each case. The report shall be a public record	3296
under section 149.43 of the Revised Code.	3297

(G) If the secretary and supervising member determine both of	3298
the following, they may recommend that the board suspend an	3299
individual's certificate to practice without a prior hearing:	3300

(1) That there is clear and convincing evidence that an	3301
individual has violated division (B) of this section;	3302

(2) That the individual's continued practice presents a	3303
danger of immediate and serious harm to the public.	3304

Written allegations shall be prepared for consideration by	3305
the board. The board, upon review of those allegations and by an	3306
affirmative vote of not fewer than six of its members, excluding	3307
the secretary and supervising member, may suspend a certificate	3308
without a prior hearing. A telephone conference call may be	3309
utilized for reviewing the allegations and taking the vote on the	3310
summary suspension.	3311

The board shall issue a written order of suspension by	3312
certified mail or in person in accordance with section 119.07 of	3313
the Revised Code. The order shall not be subject to suspension by	3314
the court during pendency of any appeal filed under section 119.12	3315
of the Revised Code. If the individual subject to the summary	3316
suspension requests an adjudicatory hearing by the board, the date	3317
set for the hearing shall be within fifteen days, but not earlier	3318
than seven days, after the individual requests the hearing, unless	3319
otherwise agreed to by both the board and the individual.	3320

Any summary suspension imposed under this division shall	3321
remain in effect, unless reversed on appeal, until a final	3322
adjudicative order issued by the board pursuant to this section	3323
and Chapter 119. of the Revised Code becomes effective. The board	3324
shall issue its final adjudicative order within seventy-five days	3325
after completion of its hearing. A failure to issue the order	3326
within seventy-five days shall result in dissolution of the	3327
summary suspension order but shall not invalidate any subsequent,	3328
final adjudicative order.	3329

(H) If the board takes action under division (B)(9), (11), or	3330
(13) of this section and the judicial finding of guilt, guilty	3331
plea, or judicial finding of eligibility for intervention in lieu	3332
of conviction is overturned on appeal, upon exhaustion of the	3333
criminal appeal, a petition for reconsideration of the order may	3334
be filed with the board along with appropriate court documents.	3335
Upon receipt of a petition of that nature and supporting court	3336
documents, the board shall reinstate the individual's certificate	3337
to practice. The board may then hold an adjudication under Chapter	3338
119. of the Revised Code to determine whether the individual	3339
committed the act in question. Notice of an opportunity for a	3340
hearing shall be given in accordance with Chapter 119. of the	3341
Revised Code. If the board finds, pursuant to an adjudication held	3342
under this division, that the individual committed the act or if	3343
no hearing is requested, the board may order any of the sanctions	3344
identified under division (B) of this section.	3345

(I) The certificate to practice issued to an individual under	3346
this chapter and the individual's practice in this state are	3347
automatically suspended as of the date of the individual's second	3348
or subsequent plea of guilty to, or judicial finding of guilt of,	3349
a violation of section 2919.123 of the Revised Code, or the date	3350
the individual pleads guilty to, is found by a judge or jury to be	3351
guilty of, or is subject to a judicial finding of eligibility for	3352
intervention in lieu of conviction in this state or treatment or	3353
intervention in lieu of conviction in another jurisdiction for any	3354
of the following criminal offenses in this state or a	3355
substantially equivalent criminal offense in another jurisdiction:	3356
aggravated murder, murder, voluntary manslaughter, felonious	3357
assault, kidnapping, rape, sexual battery, gross sexual	3358
imposition, aggravated arson, aggravated robbery, or aggravated	3359
burglary. Continued practice after suspension shall be considered	3360
practicing without a certificate.	3361

The board shall notify the individual subject to the	3362
suspension by certified mail or in person in accordance with	3363
section 119.07 of the Revised Code. If an individual whose	3364
certificate is automatically suspended under this division fails	3365
to make a timely request for an adjudication under Chapter 119. of	3366
the Revised Code, the board shall do whichever of the following is	3367
applicable:	3368

(1) If the automatic suspension under this division is for a	3369
second or subsequent plea of guilty to, or judicial finding of	3370
guilt of, a violation of section 2919.123 of the Revised Code, the	3371
board shall enter an order suspending the individual's certificate	3372
to practice for a period of at least one year or, if determined	3373
appropriate by the board, imposing a more serious sanction	3374
involving the individual's certificate to practice.	3375

(2) In all circumstances in which division (I)(1) of this	3376
section does not apply, enter a final order permanently revoking	3377
the individual's certificate to practice.	3378

(J) If the board is required by Chapter 119. of the Revised	3379
Code to give notice of an opportunity for a hearing and if the	3380
individual subject to the notice does not timely request a hearing	3381
in accordance with section 119.07 of the Revised Code, the board	3382
is not required to hold a hearing, but may adopt, by an	3383
affirmative vote of not fewer than six of its members, a final	3384
order that contains the board's findings. In that final order, the	3385
board may order any of the sanctions identified under division (A)	3386
or (B) of this section.	3387

(K) Any action taken by the board under division (B) of this	3388
section resulting in a suspension from practice shall be	3389
accompanied by a written statement of the conditions under which	3390
the individual's certificate to practice may be reinstated. The	3391
board shall adopt rules governing conditions to be imposed for	3392
reinstatement. Reinstatement of a certificate suspended pursuant	3393
to division (B) of this section requires an affirmative vote of	3394
not fewer than six members of the board.	3395

(L) When the board refuses to grant a certificate to an	3396
applicant, revokes an individual's certificate to practice,	3397
refuses to register an applicant, or refuses to reinstate an	3398
individual's certificate to practice, the board may specify that	3399
its action is permanent. An individual subject to a permanent	3400
action taken by the board is forever thereafter ineligible to hold	3401
a certificate to practice and the board shall not accept an	3402
application for reinstatement of the certificate or for issuance	3403
of a new certificate.	3404

(M) Notwithstanding any other provision of the Revised Code,	3405
all of the following apply:	3406

(1) The surrender of a certificate issued under this chapter	3407
shall not be effective unless or until accepted by the board. A	3408
telephone conference call may be utilized for acceptance of the	3409
surrender of an individual's certificate to practice. The	3410
telephone conference call shall be considered a special meeting	3411
under division (F) of section 121.22 of the Revised Code.	3412
Reinstatement of a certificate surrendered to the board requires	3413
an affirmative vote of not fewer than six members of the board.	3414

(2) An application for a certificate made under the	3415
provisions of this chapter may not be withdrawn without approval	3416
of the board.	3417

(3) Failure by an individual to renew a certificate of	3418
registration in accordance with this chapter shall not remove or	3419
limit the board's jurisdiction to take any disciplinary action	3420
under this section against the individual.	3421

(4) At the request of the board, a certificate holder shall	3422
immediately surrender to the board a certificate that the board	3423
has suspended, revoked, or permanently revoked.	3424

(N) Sanctions shall not be imposed under division (B)(28) of	3425
this section against any person who waives deductibles and	3426
copayments as follows:	3427

(1) In compliance with the health benefit plan that expressly	3428
allows such a practice. Waiver of the deductibles or copayments	3429
shall be made only with the full knowledge and consent of the plan	3430
purchaser, payer, and third-party administrator. Documentation of	3431
the consent shall be made available to the board upon request.	3432

(2) For professional services rendered to any other person	3433
authorized to practice pursuant to this chapter, to the extent	3434
allowed by this chapter and rules adopted by the board.	3435

(O) Under the board's investigative duties described in this	3436
section and subject to division (F) of this section, the board	3437
shall develop and implement a quality intervention program	3438
designed to improve through remedial education the clinical and	3439
communication skills of individuals authorized under this chapter	3440
to practice medicine and surgery, osteopathic medicine and	3441
surgery, and podiatric medicine and surgery. In developing and	3442
implementing the quality intervention program, the board may do	3443
all of the following:	3444

(1) Offer in appropriate cases as determined by the board an	3445
educational and assessment program pursuant to an investigation	3446
the board conducts under this section;	3447

(2) Select providers of educational and assessment services,	3448
including a quality intervention program panel of case reviewers;	3449

(3) Make referrals to educational and assessment service	3450
providers and approve individual educational programs recommended	3451
by those providers. The board shall monitor the progress of each	3452
individual undertaking a recommended individual educational	3453
program.	3454

(4) Determine what constitutes successful completion of an	3455
individual educational program and require further monitoring of	3456
the individual who completed the program or other action that the	3457
board determines to be appropriate;	3458

(5) Adopt rules in accordance with Chapter 119. of the	3459
Revised Code to further implement the quality intervention	3460
program.	3461

An individual who participates in an individual educational	3462
program pursuant to this division shall pay the financial	3463
obligations arising from that educational program.	3464

Sec. 4731.281.  (A) On or before the deadline established	3465
under division (B) of this section for applying for renewal of a	3466
certificate of registration, each person holding a certificate	3467
under this chapter to practice medicine and surgery, osteopathic	3468
medicine and surgery, or podiatric medicine and surgery shall	3469
certify to the state medical board that in the preceding two years	3470
the person has completed one hundred hours of continuing medical	3471
education. The certification shall be made upon the application	3472
for biennial registration submitted pursuant to division (B) of	3473
this section. The board shall adopt rules providing for pro rata	3474
reductions by month of the number of hours of continuing education	3475
required for persons who are in their first registration period,	3476
who have been disabled due to illness or accident, or who have	3477
been absent from the country.	3478

In determining whether a course, program, or activity	3479
qualifies for credit as continuing medical education, the board	3480
shall approve all continuing medical education taken by persons	3481
holding a certificate to practice medicine and surgery that is	3482
certified by the Ohio state medical association, all continuing	3483
medical education taken by persons holding a certificate to	3484
practice osteopathic medicine and surgery that is certified by the	3485
Ohio osteopathic association, and all continuing medical education	3486
taken by persons holding a certificate to practice podiatric	3487
medicine and surgery that is certified by the Ohio podiatric	3488
medical association. Each person holding a certificate to practice	3489
under this chapter shall be given sufficient choice of continuing	3490
education programs to ensure that the person has had a reasonable	3491
opportunity to participate in continuing education programs that	3492
are relevant to the person's medical practice in terms of subject	3493
matter and level.	3494

The board may require a random sample of persons holding a	3495
certificate to practice under this chapter to submit materials	3496
documenting completion of the continuing medical education	3497
requirement during the preceding registration period, but this	3498
provision shall not limit the board's authority to investigate	3499
pursuant to section 4731.22 of the Revised Code.	3500

(B)(1) Every person holding a certificate under this chapter	3501
to practice medicine and surgery, osteopathic medicine and	3502
surgery, or podiatric medicine and surgery wishing to renew that	3503
certificate shall apply to the board for a certificate of	3504
registration upon an application furnished by the board, and pay	3505
to the board at the time of application a fee of three hundred	3506
five dollars, according to the following schedule:	3507

(a) Persons whose last name begins with the letters "A"	3508
through "B," on or before April 1, 2001, and the first day of	3509
April of every odd-numbered year thereafter;	3510

(b) Persons whose last name begins with the letters "C"	3511
through "D," on or before January 1, 2001, and the first day of	3512
January of every odd-numbered year thereafter;	3513

(c) Persons whose last name begins with the letters "E"	3514
through "G," on or before October 1, 2000, and the first day of	3515
October of every even-numbered year thereafter;	3516

(d) Persons whose last name begins with the letters "H"	3517
through "K," on or before July 1, 2000, and the first day of July	3518
of every even-numbered year thereafter;	3519

(e) Persons whose last name begins with the letters "L"	3520
through "M," on or before April 1, 2000, and the first day of	3521
April of every even-numbered year thereafter;	3522

(f) Persons whose last name begins with the letters "N"	3523
through "R," on or before January 1, 2000, and the first day of	3524
January of every even-numbered year thereafter;	3525

(g) Persons whose last name begins with the letter "S," on or	3526
before October 1, 1999, and the first day of October of every	3527
odd-numbered year thereafter;	3528

(h) Persons whose last name begins with the letters "T"	3529
through "Z," on or before July 1, 1999, and the first day of July	3530
of every odd-numbered year thereafter.	3531

The board shall deposit the fee in accordance with section	3532
4731.24 of the Revised Code, except that the board shall deposit	3533
twenty dollars of the fee into the state treasury to the credit of	3534
the physician loan repayment fund created by section 3702.78 of	3535
the Revised Code.	3536

(2) The board shall mail or cause to be mailed to every	3537
person registered to practice medicine and surgery, osteopathic	3538
medicine and surgery, or podiatric medicine and surgery, a notice	3539
of registration renewal addressed to the person's last known	3540
address or may cause the notice to be sent to the person through	3541
the secretary of any recognized medical, osteopathic, or podiatric	3542
society, according to the following schedule:	3543

(a) To persons whose last name begins with the letters "A"	3544
through "B," on or before January 1, 2001, and the first day of	3545
January of every odd-numbered year thereafter;	3546

(b) To persons whose last name begins with the letters "C"	3547
through "D," on or before October 1, 2000, and the first day of	3548
October of every even-numbered year thereafter;	3549

(c) To persons whose last name begins with the letters "E"	3550
through "G," on or before July 1, 2000, and the first day of July	3551
of every even-numbered year thereafter;	3552

(d) To persons whose last name begins with the letters "H"	3553
through "K," on or before April 1, 2000, and the first day of	3554
April of every even-numbered year thereafter;	3555

(e) To persons whose last name begins with the letters "L"	3556
through "M," on or before January 1, 2000, and the first day of	3557
January of every even-numbered year thereafter;	3558

(f) To persons whose last name begins with the letters "N"	3559
through "R," on or before October 1, 1999, and the first day of	3560
October of every odd-numbered year thereafter;	3561

(g) To persons whose last name begins with the letter "S," on	3562
or before July 1, 1999, and the first day of July of every	3563
odd-numbered year thereafter;	3564

(h) To persons whose last name begins with the letters "T"	3565
through "Z," on or before April 1, 1999, and the first day of	3566
April of every odd-numbered year thereafter.	3567

(3) Failure of any person to receive a notice of renewal from	3568
the board shall not excuse the person from the requirements	3569
contained in this section.	3570

(4) The board's notice shall inform the applicant of the	3571
renewal procedure. The board shall provide the application for	3572
registration renewal in a form determined by the board.	3573

(5) The applicant shall provide in the application the	3574
applicant's full name, principal practice address and residence	3575
address, the number of the applicant's certificate to practice,	3576
and any other information required by the board.	3577

(6)(a) Except as provided in division (B)(6)(b) of this	3578
section, in the case of an applicant who prescribes or personally	3579
furnishes opioid analgesics or benzodiazepines, as defined in	3580
section 3719.01 of the Revised Code, the applicant shall certify	3581
to the board whether the applicant has been granted access to the	3582
drug database established and maintained by the state board of	3583
pharmacy pursuant to section 4729.75 of the Revised Code.	3584

(b) The requirement in division (B)(6)(a) of this section	3585
does not apply if eitherany of the following is the case:	3586

(i) The state board of pharmacy notifies the state medical	3587
board pursuant to section 4729.861 of the Revised Code that the	3588
applicant has been restricted from obtaining further information	3589
from the drug database.	3590

(ii) The state board of pharmacy no longer maintains the drug	3591
database.	3592

(iii) The applicant does not practice medicine and surgery,	3593
osteopathic medicine and surgery, or podiatric medicine and	3594
surgery in this state.	3595

(c) If an applicant certifies to the state medical board that	3596
the applicant has been granted access to the drug database and the	3597
board finds through an audit or other means that the applicant has	3598
not been granted access, the board may take action under section	3599
4731.22 of the Revised Code.	3600

(7) The applicant shall include with the application a list	3601
of the names and addresses of any clinical nurse specialists,	3602
certified nurse-midwives, or certified nurse practitioners with	3603
whom the applicant is currently collaborating, as defined in	3604
section 4723.01 of the Revised Code. Every person registered under	3605
this section shall give written notice to the state medical board	3606
of any change of principal practice address or residence address	3607
or in the list within thirty days of the change.	3608

(8) The applicant shall report any criminal offense to which	3609
the applicant has pleaded guilty, of which the applicant has been	3610
found guilty, or for which the applicant has been found eligible	3611
for intervention in lieu of conviction, since last filing an	3612
application for a certificate of registration.	3613

(9) The applicant shall execute and deliver the application	3614
to the board in a manner prescribed by the board.	3615

(C) The board shall issue to any person holding a certificate	3616
under this chapter to practice medicine and surgery, osteopathic	3617
medicine and surgery, or podiatric medicine and surgery, upon	3618
application and qualification therefor in accordance with this	3619
section, a certificate of registration under the seal of the	3620
board. A certificate of registration shall be valid for a two-year	3621
period.	3622

(D) Failure of any certificate holder to register and comply	3623
with this section shall operate automatically to suspend the	3624
holder's certificate to practice. Continued practice after the	3625
suspension of the certificate to practice shall be considered as	3626
practicing in violation of section 4731.41, 4731.43, or 4731.60 of	3627
the Revised Code. If the certificate has been suspended pursuant	3628
to this division for two years or less, it may be reinstated. The	3629
board shall reinstate a certificate to practice suspended for	3630
failure to register upon an applicant's submission of a renewal	3631
application, the biennial registration fee, and the applicable	3632
monetary penalty. The penalty for reinstatement shall be fifty	3633
dollars. If the certificate has been suspended pursuant to this	3634
division for more than two years, it may be restored. Subject to	3635
section 4731.222 of the Revised Code, the board may restore a	3636
certificate to practice suspended for failure to register upon an	3637
applicant's submission of a restoration application, the biennial	3638
registration fee, and the applicable monetary penalty and	3639
compliance with sections 4776.01 to 4776.04 of the Revised Code.	3640
The board shall not restore to an applicant a certificate to	3641
practice unless the board, in its discretion, decides that the	3642
results of the criminal records check do not make the applicant	3643
ineligible for a certificate issued pursuant to section 4731.14,	3644
4731.56, or 4731.57 of the Revised Code. The penalty for	3645
restoration shall be one hundred dollars. The board shall deposit	3646
the penalties in accordance with section 4731.24 of the Revised	3647
Code.	3648

(E) If an individual certifies completion of the number of	3649
hours and type of continuing medical education required to receive	3650
a certificate of registration or reinstatement of a certificate to	3651
practice, and the board finds through the random samples it	3652
conducts under this section or through any other means that the	3653
individual did not complete the requisite continuing medical	3654
education, the board may impose a civil penalty of not more than	3655
five thousand dollars. The board's finding shall be made pursuant	3656
to an adjudication under Chapter 119. of the Revised Code and by	3657
an affirmative vote of not fewer than six members.	3658

A civil penalty imposed under this division may be in	3659
addition to or in lieu of any other action the board may take	3660
under section 4731.22 of the Revised Code. The board shall deposit	3661
civil penalties in accordance with section 4731.24 of the Revised	3662
Code.	3663

(F) The state medical board may obtain information not	3664
protected by statutory or common law privilege from courts and	3665
other sources concerning malpractice claims against any person	3666
holding a certificate to practice under this chapter or practicing	3667
as provided in section 4731.36 of the Revised Code.	3668

(G) Each mailing sent by the board under division (B)(2) of	3669
this section to a person registered to practice medicine and	3670
surgery or osteopathic medicine and surgery shall inform the	3671
applicant of the reporting requirement established by division (H)	3672
of section 3701.79 of the Revised Code. At the discretion of the	3673
board, the information may be included on the application for	3674
registration or on an accompanying page.	3675

Sec. 4773.03.  (A) Each individual seeking a license to	3676
practice as a general x-ray machine operator, radiographer,	3677
radiation therapy technologist, or nuclear medicine technologist	3678
shall apply to the department of health on a form the department	3679
shall prescribe and provide. The application shall be accompanied	3680
by the appropriate license application fee established in rules	3681
adopted under section 4773.08 of the Revised Code.	3682

(B) The department shall review all applications received and	3683
issue the appropriate general x-ray machine operator,	3684
radiographer, radiation therapy technologist, or nuclear medicine	3685
technologist license to each applicant who meets all of the	3686
following requirements:	3687

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

3688

(2) Is of good moral character.;

3689

(3) Except as provided in division (C) of this section,	3690
passes the examination administered under section 4773.04 of the	3691
Revised Code for the applicant's area of practice.;	3692

(4) Complies with any other licensing standards established	3693
in rules adopted under section 4773.08 of the Revised Code.	3694

(C) An applicant is not required to take a licensing	3695
examination if anyone of the following applyapplies to the	3696
applicant:	3697

(1) The individual is applying for a license as a general	3698
x-ray machine operator and holds certification in that area of	3699
practice from the American registry of radiologic technologists or	3700
the American chiropractic registry of radiologic technologists.	3701

(2) The individual is applying for a license as a	3702
radiographer and holds certification in that area of practice from	3703
the American registry of radiologic technologists.	3704

(3) The individual is applying for a license as a radiation	3705
therapy technologist and holds certification in that area of	3706
practice from the American registry of radiologic technologists.	3707

(4) The individual is applying for a license as a nuclear	3708
medicine technologist and holds certification in that area of	3709
practice from the American registry of radiologic technologists or	3710
the nuclear medicine technology certification board.	3711

(5) The individual holds a conditional license issued under	3712
section 4773.05 of the Revised Code and has completed the	3713
continuing education requirements established in rules adopted	3714
under section 4773.08 of the Revised Code.	3715

(6) The individual holds a license, certificate, or other	3716
credential issued by another state that the department determines	3717
uses standards for radiologic professions that are at least equal	3718
to those established under this chapter.	3719

(D) A license issued under this section expires biennially on	3720
the license holder's birthday, except for an initial license which	3721
expires on the license holder's birthday following two years after	3722
it is issued. For an initial license, the fee established in rules	3723
adopted under section 4773.08 of the Revised Code may be increased	3724
in proportion to the amount of time beyond two years that the	3725
license may be valid.	3726

A license may be renewed if. To be eligible for renewal, the	3727
license holder completesmust complete the continuing education	3728
requirements specified in rules adopted by the department under	3729
section 4773.08 of the Revised Code. Applications for license	3730
renewal shall be accompanied by the appropriate renewal fee	3731
established in rules adopted under section 4773.08 of the Revised	3732
Code. Renewals shall be made in accordance with the standard	3733
renewal procedure established under Chapter 4745. of the Revised	3734
Code.	3735

(E)(1) A license that has lapsed or otherwise become inactive	3736
may be reinstated. An individual seeking reinstatement of a	3737
license shall apply to the department on a form the department	3738
shall prescribe and provide. The application shall be accompanied	3739
by the appropriate reinstatement fee established in rules adopted	3740
under section 4773.08 of the Revised Code.	3741

(2) To be eligible for reinstatement, both of the following	3742
apply:	3743

(a) An applicant must continue to meet the conditions for	3744
receiving an initial license, including the examination or	3745
certification requirements specified in division (B) or (C) of	3746
this section. In the case of an applicant seeking reinstatement	3747
based on having passed an examination administered under section	3748
4773.04 of the Revised Code, the length of time that has elapsed	3749
since the examination was passed is not a consideration in	3750
determining whether the applicant is eligible for reinstatement.	3751

(b) The applicant must complete the continuing education	3752
requirements for reinstatement established in rules adopted under	3753
section 4773.08 of the Revised Code.	3754

(F) The department shall refuse to issue or, renew, or	3755
reinstate and may suspend or revoke a general x-ray machine	3756
operator, radiographer, radiation therapy technologist, or nuclear	3757
medicine technologist license if the applicant or license holder	3758
does not comply with the applicable requirements of this chapter	3759
or rules adopted under it.	3760

Sec. 4773.08.  The director of health shall adopt rules to	3761
implement and administer this chapter. In adopting the rules, the	3762
director shall consider any recommendations made by the radiation	3763
advisory council created under section 3701.93 of the Revised	3764
Code. The rules shall be adopted in accordance with Chapter 119.	3765
of the Revised Code and shall not be less stringent than any	3766
applicable standards specified in 42 C.F.R. 75. The rules shall	3767
establish all of the following:	3768

(A) Standards for licensing general x-ray machine operators,	3769
radiographers, radiation therapy technologists, and nuclear	3770
medicine technologists;	3771

(B) Application and, renewal, and reinstatement fees for	3772
licenses issued under this chapter that do not exceed the cost	3773
incurred in issuing and, renewing, and reinstating the licenses;	3774

(C) Standards for accreditation of educational programs and	3775
approval of continuing education programs in general x-ray machine	3776
operation, radiography, radiation therapy technology, and nuclear	3777
medicine technology;	3778

(D) Fees for accrediting educational programs and approving	3779
continuing education programs in general x-ray machine operation,	3780
radiography, radiation therapy technology, and nuclear medicine	3781
technology that do not exceed the cost incurred in accrediting the	3782
educational programs;	3783

(E) Fees for issuing conditional licenses under section	3784
4773.05 of the Revised Code that do not exceed the cost incurred	3785
in issuing the licenses;	3786

(F) Continuing education requirements that must be met to	3787
have a license renewed or reinstated under section 4773.03 of the	3788
Revised Code;	3789

(G) Continuing education requirements that the holder of a	3790
conditional license must meet to receive a license issued under	3791
section 4773.03 of the Revised Code;	3792

(H) Any other rules necessary for the implementation or	3793
administration of this chapter.	3794

Sec. 5165.08.  (A) As used in this section:

3795

"Bed need" means the number of long-term care beds a county	3796
needs as determined by the director of health pursuant to division	3797
(B)(3) of section 3702.593 of the Revised Code.	3798

"Bed need excess" means that a county's bed need is such that	3799
one or more long-term care beds may be relocated from the county	3800
according to the director's determination of the county's bed	3801
need.	3802

(B) Every provider agreement with a nursing facility provider	3803
shall prohibitdo both of the following:	3804

(1) Permit the provider to exclude one or more parts of the	3805
nursing facility from the provider agreement, even though those	3806
parts meet federal and state standards for medicaid certification,	3807
if all of the following apply:	3808

(a) The nursing facility initially obtained both its nursing	3809
home license under Chapter 3721. of the Revised Code and medicaid	3810
certification on or after January 1, 2008.	3811

(b) The nursing facility is located in a county that has a	3812
bed need excess at the time the provider excludes the parts from	3813
the provider agreement.	3814

(c) Federal law permits the provider to exclude the parts	3815
from the provider agreement.	3816

(d) The provider gives the department of medicaid written	3817
notice of the exclusion not less than forty-five days before the	3818
first day of the calendar quarter in which the exclusion is to	3819
occur.	3820

(2) Prohibit the provider from doing either of the following:

3821

(1)(a) Discriminating against a resident on the basis of	3822
race, color, sex, creed, or national origin;	3823

(2)(b) Subject to division (C)(D) of this section, failing or	3824
refusing to do either of the following:	3825

(a)(i) Except as otherwise prohibited under section 5165.82	3826
of the Revised Code, admit as a resident of the nursing facility	3827
an individual because the individual is, or may (as a resident of	3828
the nursing facility) become, a medicaid recipient unless at least	3829
eightytwenty-five per cent of the nursing facility's	3830
medicaid-certified beds are occupied by medicaid recipients at the	3831
time the person would otherwise be admitted;	3832

(b)(ii) Retain as a resident of the nursing facility an	3833
individual because the individual is, or may (as a resident of the	3834
nursing facility) become, a medicaid recipient.	3835

(B)(C) For the purpose of division (A)(B)(2)(b)(ii) of this	3836
section, a medicaid recipient who is a resident of a nursing	3837
facility shall be considered a resident of the nursing facility	3838
during any hospital stays totaling less than twenty-five days	3839
during any twelve-month period.	3840

(C)(D) Nothing in this section shall bar a provider from	3841
doing any of the following:	3842

(1) If the provider is a religious organization operating a	3843
religious or denominational nursing facility from giving	3844
preference to persons of the same religion or denomination;	3845

(2) Giving preference to persons with whom the provider has	3846
contracted to provide continuing care;	3847

(3) If the nursing facility is a county home organized under	3848
Chapter 5155. of the Revised Code, admitting residents exclusively	3849
from the county in which the county home is located;	3850

(4) Retaining residents who have resided in the provider's	3851
nursing facility for not less than one year as private pay	3852
patients and who subsequently become medicaid recipients, but	3853
refusing to accept as a resident any person who is, or may (as a	3854
resident of the nursing facility) become a medicaid recipient, if	3855
all of the following apply:	3856

(a) The provider does not refuse to retain any resident who	3857
has resided in the provider's nursing facility for not less than	3858
one year as a private pay resident because the resident becomes a	3859
medicaid recipient, except as necessary to comply with division	3860
(C)(D)(4)(b) of this section;	3861

(b) The number of medicaid recipients retained under division	3862
(C)(D)(4) of this section does not at any time exceed ten per cent	3863
of all the residents in the nursing facility;	3864

(c) On July 1, 1980, all the residents in the nursing	3865
facility were private pay residents.	3866

(D)(E) No provider shall violate the provider agreement	3867
obligations imposed by this section.	3868

(F) A nursing facility provider who excludes one or more	3869
parts of the nursing facility from a provider agreement pursuant	3870
to division (B)(1) of this section does not violate division (C)	3871
of section 3702.53 of the Revised Code.	3872

Sec. 5165.513. (A) A provider that enters into a provider	3873
agreement with the department of medicaid under section 5165.511	3874
or 5165.512 of the Revised Code shall do all of the following:	3875

(A)(1) Comply with all applicable federal statutes and	3876
regulations;	3877

(B)(2) Comply with section 5165.07 of the Revised Code and	3878
all other applicable state statutes and rules;	3879

(C)(3) Subject to division (B) of this section, comply with	3880
all the terms and conditions of the exiting operator's provider	3881
agreement, including, but not limited to, all of the following:	3882

(1)(a) Any plan of correction;

3883

(2)(b) Compliance with health and safety standards;

3884

(3)(c) Compliance with the ownership and financial interest	3885
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	3886

(4)(d) Compliance with the civil rights requirements of 45	3887
C.F.R. parts 80, 84, and 90;	3888

(5)(e) Compliance with additional requirements imposed by the	3889
department;	3890

(6)(f) Any sanctions relating to remedies for violation of	3891
the provider agreement, including deficiencies, compliance	3892
periods, accountability periods, monetary penalties, notification	3893
for correction of contract violations, and history of	3894
deficiencies.	3895

(B) Division (A)(3) of this section does not prohibit a	3896
nursing facility provider from excluding one or more parts of the	3897
nursing facility from the provider agreement pursuant to division	3898
(B)(1) of section 5165.08 of the Revised Code.	3899

Sec. 5165.515. The department of medicaid may enter into a	3900
provider agreement as provided in section 5165.07 of the Revised	3901
Code, rather than section 5165.511 or 5165.512 of the Revised	3902
Code, with an entering operator if the entering operator does not	3903
agree to a provider agreement that satisfies the requirements of	3904
division (C)(A)(3) of section 5165.513 of the Revised Code. The	3905
department may not enter into the provider agreement unless the	3906
department of health certifies the nursing facility for	3907
participation in medicaid. The effective date of the provider	3908
agreement shall not precede any of the following:	3909

(A) The date that the department of health certifies the	3910
nursing facility;	3911

(B) The effective date of the change of operator;

3912

(C) The date the requirement of section 5165.51 of the	3913
Revised Code is satisfied.	3914

Sec. 5165.99.  (A) Whoever violates section 5165.102 or	3915
division (D)(E) of section 5165.08 of the Revised Code shall be	3916
fined not less than five hundred dollars nor more than one	3917
thousand dollars for the first offense and not less than one	3918
thousand dollars nor more than five thousand dollars for each	3919
subsequent offense. Fines paid under this section shall be	3920
deposited in the state treasury to the credit of the general	3921
revenue fund.	3922

(B) Whoever violates division (D) of section 5165.88 of the	3923
Revised Code is guilty of registering a false complaint, a	3924
misdemeanor of the first degree.	3925

Section 2.  That existing sections 2925.02, 3701.63, 3701.64,	3926
3719.01, 3719.061, 4715.14, 4715.30, 4723.28, 4723.481, 4723.486,	3927
4725.16, 4725.19, 4729.12, 4729.16, 4729.18, 4729.85, 4729.86,	3928
4730.25, 4730.41, 4730.48, 4731.22, 4731.281, 4773.03, 4773.08,	3929
5165.08, 5165.513, 5165.515, and 5165.99 and sections 4715.15,	3930
4723.433, 4730.093, and 4731.77 of the Revised Code are hereby	3931
repealed.	3932

Section 3. That the versions of sections 4715.30, 4715.302,	3933
4723.28, 4723.487, 4725.092, 4725.19, 4730.25, 4730.53, 4731.055,	3934
and 4731.22 of the Revised Code that are scheduled to take effect	3935
April 1, 2015, be amended to read as follows:	3936

Sec. 4715.30.  (A) An applicant for or holder of a	3937
certificate or license issued under this chapter is subject to	3938
disciplinary action by the state dental board for any of the	3939
following reasons:	3940

(1) Employing or cooperating in fraud or material deception	3941
in applying for or obtaining a license or certificate;	3942

(2) Obtaining or attempting to obtain money or anything of	3943
value by intentional misrepresentation or material deception in	3944
the course of practice;	3945

(3) Advertising services in a false or misleading manner or	3946
violating the board's rules governing time, place, and manner of	3947
advertising;	3948

(4) Commission of an act that constitutes a felony in this	3949
state, regardless of the jurisdiction in which the act was	3950
committed;	3951

(5) Commission of an act in the course of practice that	3952
constitutes a misdemeanor in this state, regardless of the	3953
jurisdiction in which the act was committed;	3954

(6) Conviction of, a plea of guilty to, a judicial finding of	3955
guilt of, a judicial finding of guilt resulting from a plea of no	3956
contest to, or a judicial finding of eligibility for intervention	3957
in lieu of conviction for, any felony or of a misdemeanor	3958
committed in the course of practice;	3959

(7) Engaging in lewd or immoral conduct in connection with	3960
the provision of dental services;	3961

(8) Selling, prescribing, giving away, or administering drugs	3962
for other than legal and legitimate therapeutic purposes, or	3963
conviction of, a plea of guilty to, a judicial finding of guilt	3964
of, a judicial finding of guilt resulting from a plea of no	3965
contest to, or a judicial finding of eligibility for intervention	3966
in lieu of conviction for, a violation of any federal or state law	3967
regulating the possession, distribution, or use of any drug;	3968

(9) Providing or allowing dental hygienists, expanded	3969
function dental auxiliaries, or other practitioners of auxiliary	3970
dental occupations working under the certificate or license	3971
holder's supervision, or a dentist holding a temporary limited	3972
continuing education license under division (C) of section 4715.16	3973
of the Revised Code working under the certificate or license	3974
holder's direct supervision, to provide dental care that departs	3975
from or fails to conform to accepted standards for the profession,	3976
whether or not injury to a patient results;	3977

(10) Inability to practice under accepted standards of the	3978
profession because of physical or mental disability, dependence on	3979
alcohol or other drugs, or excessive use of alcohol or other	3980
drugs;	3981

(11) Violation of any provision of this chapter or any rule	3982
adopted thereunder;	3983

(12) Failure to use universal blood and body fluid	3984
precautions established by rules adopted under section 4715.03 of	3985
the Revised Code;	3986

(13) Except as provided in division (H) of this section,	3987
either of the following:	3988

(a) Waiving the payment of all or any part of a deductible or	3989
copayment that a patient, pursuant to a health insurance or health	3990
care policy, contract, or plan that covers dental services, would	3991
otherwise be required to pay if the waiver is used as an	3992
enticement to a patient or group of patients to receive health	3993
care services from that certificate or license holder;	3994

(b) Advertising that the certificate or license holder will	3995
waive the payment of all or any part of a deductible or copayment	3996
that a patient, pursuant to a health insurance or health care	3997
policy, contract, or plan that covers dental services, would	3998
otherwise be required to pay.	3999

(14) Failure to comply with section 4715.302 or 4729.79 of	4000
the Revised Code, unless the state board of pharmacy no longer	4001
maintains a drug database pursuant to section 4729.75 of the	4002
Revised Code;	4003

(15) Any of the following actions taken by an agency	4004
responsible for authorizing, certifying, or regulating an	4005
individual to practice a health care occupation or provide health	4006
care services in this state or another jurisdiction, for any	4007
reason other than the nonpayment of fees: the limitation,	4008
revocation, or suspension of an individual's license to practice;	4009
acceptance of an individual's license surrender; denial of a	4010
license; refusal to renew or reinstate a license; imposition of	4011
probation; or issuance of an order of censure or other reprimand;	4012

(16) Failure to cooperate in an investigation conducted by	4013
the board under division (D) of section 4715.03 of the Revised	4014
Code, including failure to comply with a subpoena or order issued	4015
by the board or failure to answer truthfully a question presented	4016
by the board at a deposition or in written interrogatories, except	4017
that failure to cooperate with an investigation shall not	4018
constitute grounds for discipline under this section if a court of	4019
competent jurisdiction has issued an order that either quashes a	4020
subpoena or permits the individual to withhold the testimony or	4021
evidence in issue;	4022

(17) Failure to comply with the requirements in section	4023
3719.061 of the Revised Code before issuing tofor a minor a	4024
prescription for a controlled substance containing an opioid	4025
analgesic, as defined in section 3719.01 of the Revised Code.	4026

(B) A manager, proprietor, operator, or conductor of a dental	4027
facility shall be subject to disciplinary action if any dentist,	4028
dental hygienist, expanded function dental auxiliary, or qualified	4029
personnel providing services in the facility is found to have	4030
committed a violation listed in division (A) of this section and	4031
the manager, proprietor, operator, or conductor knew of the	4032
violation and permitted it to occur on a recurring basis.	4033

(C) Subject to Chapter 119. of the Revised Code, the board	4034
may take one or more of the following disciplinary actions if one	4035
or more of the grounds for discipline listed in divisions (A) and	4036
(B) of this section exist:	4037

(1) Censure the license or certificate holder;

4038

(2) Place the license or certificate on probationary status	4039
for such period of time the board determines necessary and require	4040
the holder to:	4041

(a) Report regularly to the board upon the matters which are	4042
the basis of probation;	4043

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

4044

(c) Continue or renew professional education until a	4045
satisfactory degree of knowledge or clinical competency has been	4046
attained in specified areas.	4047

(3) Suspend the certificate or license;

4048

(4) Revoke the certificate or license.

4049

Where the board places a holder of a license or certificate	4050
on probationary status pursuant to division (C)(2) of this	4051
section, the board may subsequently suspend or revoke the license	4052
or certificate if it determines that the holder has not met the	4053
requirements of the probation or continues to engage in activities	4054
that constitute grounds for discipline pursuant to division (A) or	4055
(B) of this section.	4056

Any order suspending a license or certificate shall state the	4057
conditions under which the license or certificate will be	4058
restored, which may include a conditional restoration during which	4059
time the holder is in a probationary status pursuant to division	4060
(C)(2) of this section. The board shall restore the license or	4061
certificate unconditionally when such conditions are met.	4062

(D) If the physical or mental condition of an applicant or a	4063
license or certificate holder is at issue in a disciplinary	4064
proceeding, the board may order the license or certificate holder	4065
to submit to reasonable examinations by an individual designated	4066
or approved by the board and at the board's expense. The physical	4067
examination may be conducted by any individual authorized by the	4068
Revised Code to do so, including a physician assistant, a clinical	4069
nurse specialist, a certified nurse practitioner, or a certified	4070
nurse-midwife. Any written documentation of the physical	4071
examination shall be completed by the individual who conducted the	4072
examination.	4073

Failure to comply with an order for an examination shall be	4074
grounds for refusal of a license or certificate or summary	4075
suspension of a license or certificate under division (E) of this	4076
section.	4077

(E) If a license or certificate holder has failed to comply	4078
with an order under division (D) of this section, the board may	4079
apply to the court of common pleas of the county in which the	4080
holder resides for an order temporarily suspending the holder's	4081
license or certificate, without a prior hearing being afforded by	4082
the board, until the board conducts an adjudication hearing	4083
pursuant to Chapter 119. of the Revised Code. If the court	4084
temporarily suspends a holder's license or certificate, the board	4085
shall give written notice of the suspension personally or by	4086
certified mail to the license or certificate holder. Such notice	4087
shall inform the license or certificate holder of the right to a	4088
hearing pursuant to Chapter 119. of the Revised Code.	4089

(F) Any holder of a certificate or license issued under this	4090
chapter who has pleaded guilty to, has been convicted of, or has	4091
had a judicial finding of eligibility for intervention in lieu of	4092
conviction entered against the holder in this state for aggravated	4093
murder, murder, voluntary manslaughter, felonious assault,	4094
kidnapping, rape, sexual battery, gross sexual imposition,	4095
aggravated arson, aggravated robbery, or aggravated burglary, or	4096
who has pleaded guilty to, has been convicted of, or has had a	4097
judicial finding of eligibility for treatment or intervention in	4098
lieu of conviction entered against the holder in another	4099
jurisdiction for any substantially equivalent criminal offense, is	4100
automatically suspended from practice under this chapter in this	4101
state and any certificate or license issued to the holder under	4102
this chapter is automatically suspended, as of the date of the	4103
guilty plea, conviction, or judicial finding, whether the	4104
proceedings are brought in this state or another jurisdiction.	4105
Continued practice by an individual after the suspension of the	4106
individual's certificate or license under this division shall be	4107
considered practicing without a certificate or license. The board	4108
shall notify the suspended individual of the suspension of the	4109
individual's certificate or license under this division by	4110
certified mail or in person in accordance with section 119.07 of	4111
the Revised Code. If an individual whose certificate or license is	4112
suspended under this division fails to make a timely request for	4113
an adjudicatory hearing, the board shall enter a final order	4114
revoking the individual's certificate or license.	4115

(G) If the supervisory investigative panel determines both of	4116
the following, the panel may recommend that the board suspend an	4117
individual's certificate or license without a prior hearing:	4118

(1) That there is clear and convincing evidence that an	4119
individual has violated division (A) of this section;	4120

(2) That the individual's continued practice presents a	4121
danger of immediate and serious harm to the public.	4122

Written allegations shall be prepared for consideration by	4123
the board. The board, upon review of those allegations and by an	4124
affirmative vote of not fewer than four dentist members of the	4125
board and seven of its members in total, excluding any member on	4126
the supervisory investigative panel, may suspend a certificate or	4127
license without a prior hearing. A telephone conference call may	4128
be utilized for reviewing the allegations and taking the vote on	4129
the summary suspension.	4130

The board shall issue a written order of suspension by	4131
certified mail or in person in accordance with section 119.07 of	4132
the Revised Code. The order shall not be subject to suspension by	4133
the court during pendency or any appeal filed under section 119.12	4134
of the Revised Code. If the individual subject to the summary	4135
suspension requests an adjudicatory hearing by the board, the date	4136
set for the hearing shall be within fifteen days, but not earlier	4137
than seven days, after the individual requests the hearing, unless	4138
otherwise agreed to by both the board and the individual.	4139

Any summary suspension imposed under this division shall	4140
remain in effect, unless reversed on appeal, until a final	4141
adjudicative order issued by the board pursuant to this section	4142
and Chapter 119. of the Revised Code becomes effective. The board	4143
shall issue its final adjudicative order within seventy-five days	4144
after completion of its hearing. A failure to issue the order	4145
within seventy-five days shall result in dissolution of the	4146
summary suspension order but shall not invalidate any subsequent,	4147
final adjudicative order.	4148

(H) Sanctions shall not be imposed under division (A)(13) of	4149
this section against any certificate or license holder who waives	4150
deductibles and copayments as follows:	4151

(1) In compliance with the health benefit plan that expressly	4152
allows such a practice. Waiver of the deductibles or copayments	4153
shall be made only with the full knowledge and consent of the plan	4154
purchaser, payer, and third-party administrator. Documentation of	4155
the consent shall be made available to the board upon request.	4156

(2) For professional services rendered to any other person	4157
who holds a certificate or license issued pursuant to this chapter	4158
to the extent allowed by this chapter and the rules of the board.	4159

(I) In no event shall the board consider or raise during a	4160
hearing required by Chapter 119. of the Revised Code the	4161
circumstances of, or the fact that the board has received, one or	4162
more complaints about a person unless the one or more complaints	4163
are the subject of the hearing or resulted in the board taking an	4164
action authorized by this section against the person on a prior	4165
occasion.	4166

(J) The board may share any information it receives pursuant	4167
to an investigation under division (D) of section 4715.03 of the	4168
Revised Code, including patient records and patient record	4169
information, with law enforcement agencies, other licensing	4170
boards, and other governmental agencies that are prosecuting,	4171
adjudicating, or investigating alleged violations of statutes or	4172
administrative rules. An agency or board that receives the	4173
information shall comply with the same requirements regarding	4174
confidentiality as those with which the state dental board must	4175
comply, notwithstanding any conflicting provision of the Revised	4176
Code or procedure of the agency or board that applies when it is	4177
dealing with other information in its possession. In a judicial	4178
proceeding, the information may be admitted into evidence only in	4179
accordance with the Rules of Evidence, but the court shall require	4180
that appropriate measures are taken to ensure that confidentiality	4181
is maintained with respect to any part of the information that	4182
contains names or other identifying information about patients or	4183
complainants whose confidentiality was protected by the state	4184
dental board when the information was in the board's possession.	4185
Measures to ensure confidentiality that may be taken by the court	4186
include sealing its records or deleting specific information from	4187
its records.	4188

Sec. 4715.302. (A) As used in this section, "drug:

4189

(1) "Drug database" means the database established and	4190
maintained by the state board of pharmacy pursuant to section	4191
4729.75 of the Revised Code.	4192

(2) "Opioid analgesic" and "benzodiazepine" have the same	4193
meanings as in section 3719.01 of the Revised Code.	4194

(B) Except as provided in divisions (C) and (E) of this	4195
section, a dentist shall comply with all of the following as	4196
conditions of prescribing a drug that is either an opioid	4197
analgesic or a benzodiazepine, or personally furnishing a complete	4198
or partial supply of such a drug, as part of a patient's course of	4199
treatment for a particular condition:	4200

(1) Before initially prescribing or furnishing the drug, the	4201
dentist or the dentist's delegate shall request from the drug	4202
database a report of information related to the patient that	4203
covers at least the twelve months immediately preceding the date	4204
of the request. If the dentist practices primarily in a county of	4205
this state that adjoins another state, the dentist or delegate	4206
also shall request a report of any information available in the	4207
drug database that pertains to prescriptions issued or drugs	4208
furnished to the patient in the state adjoining that county.	4209

(2) If the patient's course of treatment for the condition	4210
continues for more than ninety days after the initial report is	4211
requested, the dentist or delegate shall make periodic requests	4212
for reports of information from the drug database until the course	4213
of treatment has ended. The requests shall be made at intervals	4214
not exceeding ninety days, determined according to the date the	4215
initial request was made. The request shall be made in the same	4216
manner provided in division (B)(1) of this section for requesting	4217
the initial report of information from the drug database.	4218

(3) On receipt of a report under division (B)(1) or (2) of	4219
this section, the dentist shall assess the information in the	4220
report. The dentist shall document in the patient's record that	4221
the report was received and the information was assessed.	4222

(C)(1) Division (B) of this section does not apply if a drug	4223
database report regarding the patient is not available. In this	4224
event, the dentist shall document in the patient's record the	4225
reason that the report is not available.	4226

(2) Division (B) of this section does not apply if the drug	4227
is prescribed or personally furnished in an amount indicated for a	4228
period not to exceed seven days.	4229

(D) With respect to prescribing or personally furnishing any	4230
drug that is not an opioid analgesic or a benzodiazepine but is	4231
included in the drug database pursuant to rules adopted under	4232
section 4729.84 of the Revised Code, theThe state dental board	4233
shallmay adopt rules that establish standards and procedures to	4234
be followed by a dentist regarding the review of patient	4235
information available through the drug database under division	4236
(A)(5) of section 4729.80 of the Revised Code. The rules shall be	4237
adopted in accordance with Chapter 119. of the Revised Code.	4238

(E) This section and theany rules adopted under it do not	4239
apply if the state board of pharmacy no longer maintains the drug	4240
database.	4241

Sec. 4723.28.  (A) The board of nursing, by a vote of a	4242
quorum, may impose one or more of the following sanctions if it	4243
finds that a person committed fraud in passing an examination	4244
required to obtain a license, certificate of authority, or	4245
dialysis technician certificate issued by the board or to have	4246
committed fraud, misrepresentation, or deception in applying for	4247
or securing any nursing license, certificate of authority, or	4248
dialysis technician certificate issued by the board: deny, revoke,	4249
suspend, or place restrictions on any nursing license, certificate	4250
of authority, or dialysis technician certificate issued by the	4251
board; reprimand or otherwise discipline a holder of a nursing	4252
license, certificate of authority, or dialysis technician	4253
certificate; or impose a fine of not more than five hundred	4254
dollars per violation.	4255

(B) The board of nursing, by a vote of a quorum, may impose	4256
one or more of the following sanctions: deny, revoke, suspend, or	4257
place restrictions on any nursing license, certificate of	4258
authority, or dialysis technician certificate issued by the board;	4259
reprimand or otherwise discipline a holder of a nursing license,	4260
certificate of authority, or dialysis technician certificate; or	4261
impose a fine of not more than five hundred dollars per violation.	4262
The sanctions may be imposed for any of the following:	4263

(1) Denial, revocation, suspension, or restriction of	4264
authority to engage in a licensed profession or practice a health	4265
care occupation, including nursing or practice as a dialysis	4266
technician, for any reason other than a failure to renew, in Ohio	4267
or another state or jurisdiction;	4268

(2) Engaging in the practice of nursing or engaging in	4269
practice as a dialysis technician, having failed to renew a	4270
nursing license or dialysis technician certificate issued under	4271
this chapter, or while a nursing license or dialysis technician	4272
certificate is under suspension;	4273

(3) Conviction of, a plea of guilty to, a judicial finding of	4274
guilt of, a judicial finding of guilt resulting from a plea of no	4275
contest to, or a judicial finding of eligibility for a pretrial	4276
diversion or similar program or for intervention in lieu of	4277
conviction for, a misdemeanor committed in the course of practice;	4278

(4) Conviction of, a plea of guilty to, a judicial finding of	4279
guilt of, a judicial finding of guilt resulting from a plea of no	4280
contest to, or a judicial finding of eligibility for a pretrial	4281
diversion or similar program or for intervention in lieu of	4282
conviction for, any felony or of any crime involving gross	4283
immorality or moral turpitude;	4284

(5) Selling, giving away, or administering drugs or	4285
therapeutic devices for other than legal and legitimate	4286
therapeutic purposes; or conviction of, a plea of guilty to, a	4287
judicial finding of guilt of, a judicial finding of guilt	4288
resulting from a plea of no contest to, or a judicial finding of	4289
eligibility for a pretrial diversion or similar program or for	4290
intervention in lieu of conviction for, violating any municipal,	4291
state, county, or federal drug law;	4292

(6) Conviction of, a plea of guilty to, a judicial finding of	4293
guilt of, a judicial finding of guilt resulting from a plea of no	4294
contest to, or a judicial finding of eligibility for a pretrial	4295
diversion or similar program or for intervention in lieu of	4296
conviction for, an act in another jurisdiction that would	4297
constitute a felony or a crime of moral turpitude in Ohio;	4298

(7) Conviction of, a plea of guilty to, a judicial finding of	4299
guilt of, a judicial finding of guilt resulting from a plea of no	4300
contest to, or a judicial finding of eligibility for a pretrial	4301
diversion or similar program or for intervention in lieu of	4302
conviction for, an act in the course of practice in another	4303
jurisdiction that would constitute a misdemeanor in Ohio;	4304

(8) Self-administering or otherwise taking into the body any	4305
dangerous drug, as defined in section 4729.01 of the Revised Code,	4306
in any way that is not in accordance with a legal, valid	4307
prescription issued for that individual, or self-administering or	4308
otherwise taking into the body any drug that is a schedule I	4309
controlled substance;	4310

(9) Habitual or excessive use of controlled substances, other	4311
habit-forming drugs, or alcohol or other chemical substances to an	4312
extent that impairs the individual's ability to provide safe	4313
nursing care or safe dialysis care;	4314

(10) Impairment of the ability to practice according to	4315
acceptable and prevailing standards of safe nursing care or safe	4316
dialysis care because of the use of drugs, alcohol, or other	4317
chemical substances;	4318

(11) Impairment of the ability to practice according to	4319
acceptable and prevailing standards of safe nursing care or safe	4320
dialysis care because of a physical or mental disability;	4321

(12) Assaulting or causing harm to a patient or depriving a	4322
patient of the means to summon assistance;	4323

(13) Misappropriation or attempted misappropriation of money	4324
or anything of value in the course of practice;	4325

(14) Adjudication by a probate court of being mentally ill or	4326
mentally incompetent. The board may reinstate the person's nursing	4327
license or dialysis technician certificate upon adjudication by a	4328
probate court of the person's restoration to competency or upon	4329
submission to the board of other proof of competency.	4330

(15) The suspension or termination of employment by the	4331
department of defense or the veterans administration of the United	4332
States for any act that violates or would violate this chapter;	4333

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

4334

(17) Violation of any restrictions placed by the board on a	4335
nursing license or dialysis technician certificate;	4336

(18) Failure to use universal and standard precautions	4337
established by rules adopted under section 4723.07 of the Revised	4338
Code;	4339

(19) Failure to practice in accordance with acceptable and	4340
prevailing standards of safe nursing care or safe dialysis care;	4341

(20) In the case of a registered nurse, engaging in	4342
activities that exceed the practice of nursing as a registered	4343
nurse;	4344

(21) In the case of a licensed practical nurse, engaging in	4345
activities that exceed the practice of nursing as a licensed	4346
practical nurse;	4347

(22) In the case of a dialysis technician, engaging in	4348
activities that exceed those permitted under section 4723.72 of	4349
the Revised Code;	4350

(23) Aiding and abetting a person in that person's practice	4351
of nursing without a license or practice as a dialysis technician	4352
without a certificate issued under this chapter;	4353

(24) In the case of a certified registered nurse anesthetist,	4354
clinical nurse specialist, certified nurse-midwife, or certified	4355
nurse practitioner, except as provided in division (M) of this	4356
section, either of the following:	4357

(a) Waiving the payment of all or any part of a deductible or	4358
copayment that a patient, pursuant to a health insurance or health	4359
care policy, contract, or plan that covers such nursing services,	4360
would otherwise be required to pay if the waiver is used as an	4361
enticement to a patient or group of patients to receive health	4362
care services from that provider;	4363

(b) Advertising that the nurse will waive the payment of all	4364
or any part of a deductible or copayment that a patient, pursuant	4365
to a health insurance or health care policy, contract, or plan	4366
that covers such nursing services, would otherwise be required to	4367
pay.	4368

(25) Failure to comply with the terms and conditions of	4369
participation in the chemical dependency monitoring program	4370
established under section 4723.35 of the Revised Code;	4371

(26) Failure to comply with the terms and conditions required	4372
under the practice intervention and improvement program	4373
established under section 4723.282 of the Revised Code;	4374

(27) In the case of a certified registered nurse anesthetist,	4375
clinical nurse specialist, certified nurse-midwife, or certified	4376
nurse practitioner:	4377

(a) Engaging in activities that exceed those permitted for	4378
the nurse's nursing specialty under section 4723.43 of the Revised	4379
Code;	4380

(b) Failure to meet the quality assurance standards	4381
established under section 4723.07 of the Revised Code.	4382

(28) In the case of a clinical nurse specialist, certified	4383
nurse-midwife, or certified nurse practitioner, failure to	4384
maintain a standard care arrangement in accordance with section	4385
4723.431 of the Revised Code or to practice in accordance with the	4386
standard care arrangement;	4387

(29) In the case of a clinical nurse specialist, certified	4388
nurse-midwife, or certified nurse practitioner who holds a	4389
certificate to prescribe issued under section 4723.48 of the	4390
Revised Code, failure to prescribe drugs and therapeutic devices	4391
in accordance with section 4723.481 of the Revised Code;	4392

(30) Prescribing any drug or device to perform or induce an	4393
abortion, or otherwise performing or inducing an abortion;	4394

(31) Failure to establish and maintain professional	4395
boundaries with a patient, as specified in rules adopted under	4396
section 4723.07 of the Revised Code;	4397

(32) Regardless of whether the contact or verbal behavior is	4398
consensual, engaging with a patient other than the spouse of the	4399
registered nurse, licensed practical nurse, or dialysis technician	4400
in any of the following:	4401

(a) Sexual contact, as defined in section 2907.01 of the	4402
Revised Code;	4403

(b) Verbal behavior that is sexually demeaning to the patient	4404
or may be reasonably interpreted by the patient as sexually	4405
demeaning.	4406

(33) Assisting suicide, as defined in section 3795.01 of the	4407
Revised Code;	4408

(34) Failure to comply with the requirements in section	4409
3719.061 of the Revised Code before issuing tofor a minor a	4410
prescription for a controlled substance containing an opioid.	4411
analgesic, as defined in section 3719.01 of the Revised Code;	4412

(34)(35) Failure to comply with section 4723.487 of the	4413
Revised Code, unless the state board of pharmacy no longer	4414
maintains a drug database pursuant to section 4729.75 of the	4415
Revised Code.	4416

(C) Disciplinary actions taken by the board under divisions	4417
(A) and (B) of this section shall be taken pursuant to an	4418
adjudication conducted under Chapter 119. of the Revised Code,	4419
except that in lieu of a hearing, the board may enter into a	4420
consent agreement with an individual to resolve an allegation of a	4421
violation of this chapter or any rule adopted under it. A consent	4422
agreement, when ratified by a vote of a quorum, shall constitute	4423
the findings and order of the board with respect to the matter	4424
addressed in the agreement. If the board refuses to ratify a	4425
consent agreement, the admissions and findings contained in the	4426
agreement shall be of no effect.	4427

(D) The hearings of the board shall be conducted in	4428
accordance with Chapter 119. of the Revised Code, the board may	4429
appoint a hearing examiner, as provided in section 119.09 of the	4430
Revised Code, to conduct any hearing the board is authorized to	4431
hold under Chapter 119. of the Revised Code.	4432

In any instance in which the board is required under Chapter	4433
119. of the Revised Code to give notice of an opportunity for a	4434
hearing and the applicant, licensee, or certificate holder does	4435
not make a timely request for a hearing in accordance with section	4436
119.07 of the Revised Code, the board is not required to hold a	4437
hearing, but may adopt, by a vote of a quorum, a final order that	4438
contains the board's findings. In the final order, the board may	4439
order any of the sanctions listed in division (A) or (B) of this	4440
section.	4441

(E) If a criminal action is brought against a registered	4442
nurse, licensed practical nurse, or dialysis technician for an act	4443
or crime described in divisions (B)(3) to (7) of this section and	4444
the action is dismissed by the trial court other than on the	4445
merits, the board shall conduct an adjudication to determine	4446
whether the registered nurse, licensed practical nurse, or	4447
dialysis technician committed the act on which the action was	4448
based. If the board determines on the basis of the adjudication	4449
that the registered nurse, licensed practical nurse, or dialysis	4450
technician committed the act, or if the registered nurse, licensed	4451
practical nurse, or dialysis technician fails to participate in	4452
the adjudication, the board may take action as though the	4453
registered nurse, licensed practical nurse, or dialysis technician	4454
had been convicted of the act.	4455

If the board takes action on the basis of a conviction, plea,	4456
or a judicial finding as described in divisions (B)(3) to (7) of	4457
this section that is overturned on appeal, the registered nurse,	4458
licensed practical nurse, or dialysis technician may, on	4459
exhaustion of the appeal process, petition the board for	4460
reconsideration of its action. On receipt of the petition and	4461
supporting court documents, the board shall temporarily rescind	4462
its action. If the board determines that the decision on appeal	4463
was a decision on the merits, it shall permanently rescind its	4464
action. If the board determines that the decision on appeal was	4465
not a decision on the merits, it shall conduct an adjudication to	4466
determine whether the registered nurse, licensed practical nurse,	4467
or dialysis technician committed the act on which the original	4468
conviction, plea, or judicial finding was based. If the board	4469
determines on the basis of the adjudication that the registered	4470
nurse, licensed practical nurse, or dialysis technician committed	4471
such act, or if the registered nurse, licensed practical nurse, or	4472
dialysis technician does not request an adjudication, the board	4473
shall reinstate its action; otherwise, the board shall permanently	4474
rescind its action.	4475

Notwithstanding the provision of division (C)(2) of section	4476
2953.32 of the Revised Code specifying that if records pertaining	4477
to a criminal case are sealed under that section the proceedings	4478
in the case shall be deemed not to have occurred, sealing of the	4479
following records on which the board has based an action under	4480
this section shall have no effect on the board's action or any	4481
sanction imposed by the board under this section: records of any	4482
conviction, guilty plea, judicial finding of guilt resulting from	4483
a plea of no contest, or a judicial finding of eligibility for a	4484
pretrial diversion program or intervention in lieu of conviction.	4485

The board shall not be required to seal, destroy, redact, or	4486
otherwise modify its records to reflect the court's sealing of	4487
conviction records.	4488

(F) The board may investigate an individual's criminal	4489
background in performing its duties under this section. As part of	4490
such investigation, the board may order the individual to submit,	4491
at the individual's expense, a request to the bureau of criminal	4492
identification and investigation for a criminal records check and	4493
check of federal bureau of investigation records in accordance	4494
with the procedure described in section 4723.091 of the Revised	4495
Code.	4496

(G) During the course of an investigation conducted under	4497
this section, the board may compel any registered nurse, licensed	4498
practical nurse, or dialysis technician or applicant under this	4499
chapter to submit to a mental or physical examination, or both, as	4500
required by the board and at the expense of the individual, if the	4501
board finds reason to believe that the individual under	4502
investigation may have a physical or mental impairment that may	4503
affect the individual's ability to provide safe nursing care.	4504
Failure of any individual to submit to a mental or physical	4505
examination when directed constitutes an admission of the	4506
allegations, unless the failure is due to circumstances beyond the	4507
individual's control, and a default and final order may be entered	4508
without the taking of testimony or presentation of evidence.	4509

If the board finds that an individual is impaired, the board	4510
shall require the individual to submit to care, counseling, or	4511
treatment approved or designated by the board, as a condition for	4512
initial, continued, reinstated, or renewed authority to practice.	4513
The individual shall be afforded an opportunity to demonstrate to	4514
the board that the individual can begin or resume the individual's	4515
occupation in compliance with acceptable and prevailing standards	4516
of care under the provisions of the individual's authority to	4517
practice.	4518

For purposes of this division, any registered nurse, licensed	4519
practical nurse, or dialysis technician or applicant under this	4520
chapter shall be deemed to have given consent to submit to a	4521
mental or physical examination when directed to do so in writing	4522
by the board, and to have waived all objections to the	4523
admissibility of testimony or examination reports that constitute	4524
a privileged communication.	4525

(H) The board shall investigate evidence that appears to show	4526
that any person has violated any provision of this chapter or any	4527
rule of the board. Any person may report to the board any	4528
information the person may have that appears to show a violation	4529
of any provision of this chapter or rule of the board. In the	4530
absence of bad faith, any person who reports such information or	4531
who testifies before the board in any adjudication conducted under	4532
Chapter 119. of the Revised Code shall not be liable for civil	4533
damages as a result of the report or testimony.	4534

(I) All of the following apply under this chapter with	4535
respect to the confidentiality of information:	4536

(1) Information received by the board pursuant to a complaint	4537
or an investigation is confidential and not subject to discovery	4538
in any civil action, except that the board may disclose	4539
information to law enforcement officers and government entities	4540
for purposes of an investigation of either a licensed health care	4541
professional, including a registered nurse, licensed practical	4542
nurse, or dialysis technician, or a person who may have engaged in	4543
the unauthorized practice of nursing or dialysis care. No law	4544
enforcement officer or government entity with knowledge of any	4545
information disclosed by the board pursuant to this division shall	4546
divulge the information to any other person or government entity	4547
except for the purpose of a government investigation, a	4548
prosecution, or an adjudication by a court or government entity.	4549

(2) If an investigation requires a review of patient records,	4550
the investigation and proceeding shall be conducted in such a	4551
manner as to protect patient confidentiality.	4552

(3) All adjudications and investigations of the board shall	4553
be considered civil actions for the purposes of section 2305.252	4554
of the Revised Code.	4555

(4) Any board activity that involves continued monitoring of	4556
an individual as part of or following any disciplinary action	4557
taken under this section shall be conducted in a manner that	4558
maintains the individual's confidentiality. Information received	4559
or maintained by the board with respect to the board's monitoring	4560
activities is not subject to discovery in any civil action and is	4561
confidential, except that the board may disclose information to	4562
law enforcement officers and government entities for purposes of	4563
an investigation of a licensee or certificate holder.	4564

(J) Any action taken by the board under this section	4565
resulting in a suspension from practice shall be accompanied by a	4566
written statement of the conditions under which the person may be	4567
reinstated to practice.	4568

(K) When the board refuses to grant a license or certificate	4569
to an applicant, revokes a license or certificate, or refuses to	4570
reinstate a license or certificate, the board may specify that its	4571
action is permanent. An individual subject to permanent action	4572
taken by the board is forever ineligible to hold a license or	4573
certificate of the type that was refused or revoked and the board	4574
shall not accept from the individual an application for	4575
reinstatement of the license or certificate or for a new license	4576
or certificate.	4577

(L) No unilateral surrender of a nursing license, certificate	4578
of authority, or dialysis technician certificate issued under this	4579
chapter shall be effective unless accepted by majority vote of the	4580
board. No application for a nursing license, certificate of	4581
authority, or dialysis technician certificate issued under this	4582
chapter may be withdrawn without a majority vote of the board. The	4583
board's jurisdiction to take disciplinary action under this	4584
section is not removed or limited when an individual has a license	4585
or certificate classified as inactive or fails to renew a license	4586
or certificate.	4587

(M) Sanctions shall not be imposed under division (B)(24) of	4588
this section against any licensee who waives deductibles and	4589
copayments as follows:	4590

(1) In compliance with the health benefit plan that expressly	4591
allows such a practice. Waiver of the deductibles or copayments	4592
shall be made only with the full knowledge and consent of the plan	4593
purchaser, payer, and third-party administrator. Documentation of	4594
the consent shall be made available to the board upon request.	4595

(2) For professional services rendered to any other person	4596
licensed pursuant to this chapter to the extent allowed by this	4597
chapter and the rules of the board.	4598

Sec. 4723.487. (A) As used in this section, "drug:

4599

(1) "Drug database" means the database established and	4600
maintained by the state board of pharmacy pursuant to section	4601
4729.75 of the Revised Code.	4602

(2) "Opioid analgesic" and "benzodiazepine" have the same	4603
meanings as in section 3719.01 of the Revised Code.	4604

(B) Except as provided in divisions (C) and (E) of this	4605
section, an advanced practice registered nurse holding a	4606
certificate to prescribe issued under this chapter shall comply	4607
with all of the following as conditions of prescribing a drug that	4608
is either an opioid analgesic or a benzodiazepine as part of a	4609
patient's course of treatment for a particular condition:	4610

(1) Before initially prescribing the drug, the nurse or the	4611
nurse's delegate shall request from the drug database a report of	4612
information related to the patient that covers at least the twelve	4613
months immediately preceding the date of the request. If the nurse	4614
practices primarily in a county of this state that adjoins another	4615
state, the nurse or delegate also shall request a report of any	4616
information available in the drug database that pertains to	4617
prescriptions issued or drugs furnished to the patient in the	4618
state adjoining that county.	4619

(2) If the patient's course of treatment for the condition	4620
continues for more than ninety days after the initial report is	4621
requested, the nurse or delegate shall make periodic requests for	4622
reports of information from the drug database until the course of	4623
treatment has ended. The requests shall be made at intervals not	4624
exceeding ninety days, determined according to the date the	4625
initial request was made. The request shall be made in the same	4626
manner provided in division (B)(1) of this section for requesting	4627
the initial report of information from the drug database.	4628

(3) On receipt of a report under division (B)(1) or (2) of	4629
this section, the nurse shall assess the information in the	4630
report. The nurse shall document in the patient's record that the	4631
report was received and the information was assessed.	4632

(C) Division (B) of this section does not apply if in any of	4633
the following circumstances:	4634

(1) A drug database report regarding the patient is not	4635
available, in which case the nurse shall document in the patient's	4636
record the reason that the report is not available.	4637

(2) The drug is prescribed in an amount indicated for a	4638
period not to exceed seven days.	4639

(3) The drug is prescribed for the treatment of cancer or	4640
another condition associated with cancer.	4641

(4) The drug is prescribed to a hospice patient in a hospice	4642
care program, as those terms are defined in section 3712.01 of the	4643
Revised Code, or any other patient diagnosed as terminally ill.	4644

(5) The drug is prescribed for administration in a hospital,	4645
nursing home, or residential care facility.	4646

(D) With respect to prescribing any drug that is not an	4647
opioid analgesic or a benzodiazepine but is included in the drug	4648
database pursuant to rules adopted under section 4729.84 of the	4649
Revised Code, theThe board of nursing shallmay adopt rules, in	4650
accordance with Chapter 119. of the Revised Code, that establish	4651
standards and procedures to be followed by an advanced practice	4652
registered nurse with a certificate to prescribe issued under	4653
section 4723.48 of the Revised Code regarding the review of	4654
patient information available through the drug database under	4655
division (A)(5) of section 4729.80 of the Revised Code. The rules	4656
shall be adopted in accordance with Chapter 119. of the Revised	4657
Code.	4658

(E) This section and theany rules adopted under it do not	4659
apply if the state board of pharmacy no longer maintains the drug	4660
database.	4661

Sec. 4725.092. (A) As used in this section, "drug database"	4662
means the database established and maintained by the state board	4663
of pharmacy pursuant to section 4729.75 of the Revised Code.	4664

(B) Except as provided in divisions (C) and (E) of this	4665
section, an optometrist holding a therapeutic pharmaceutical	4666
agents certificate shall comply with all of the following as	4667
conditions of prescribing a drug that is either an opioid	4668
analgesic or a benzodiazepine, or personally furnishing a complete	4669
or partial supply of such a drug, as part of a patient's course of	4670
treatment for a particular condition:	4671

(1) Before initially prescribing or furnishing the drug, the	4672
optometrist or the optometrist's delegate shall request from the	4673
drug database a report of information related to the patient that	4674
covers at least the twelve months immediately preceding the date	4675
of the request. If the optometrist practices primarily in a county	4676
of this state that adjoins another state, the optometrist or	4677
delegate also shall request a report of any information available	4678
in the drug database that pertains to prescriptions issued or	4679
drugs furnished to the patient in the state adjoining that county.	4680

(2) If the patient's course of treatment for the condition	4681
continues for more than ninety days after the initial report is	4682
requested, the optometrist or delegate shall make periodic	4683
requests for reports of information from the drug database until	4684
the course of treatment has ended. The requests shall be made at	4685
intervals not exceeding ninety days, determined according to the	4686
date the initial request was made. The request shall be made in	4687
the same manner provided in division (B)(1) of this section for	4688
requesting the initial report of information from the drug	4689
database.	4690

(3) On receipt of a report under division (B)(1) or (2) of	4691
this section, the optometrist shall assess the information in the	4692
report. The optometrist shall document in the patient's record	4693
that the report was received and the information was assessed.	4694

(C)(1) Division (B) of this section does not apply if a drug	4695
database report regarding the patient is not available. In this	4696
event, the optometrist shall document in the patient's record the	4697
reason that the report is not available.	4698

(2) Division (B) of this section does not apply if the drug	4699
is prescribed or personally furnished in an amount indicated for a	4700
period not to exceed seven days.	4701

(D) With respect to prescribing or personally furnishing any	4702
drug that is not an opioid analgesic or a benzodiazepine but is	4703
included in the drug database pursuant to rules adopted under	4704
section 4729.84 of the Revised Code, theThe state board of	4705
optometry shall adopt rules that establish standards and	4706
procedures to be followed by an optometrist who holds a	4707
therapeutic pharmaceutical agents certificate regarding the review	4708
of patient information available through the drug database under	4709
division (A)(5) of section 4729.80 of the Revised Code. The rules	4710
shall be adopted in accordance with Chapter 119. of the Revised	4711
Code.	4712

(E)(C) This section and the rules adopted under it do not	4713
apply if the state board of pharmacy no longer maintains the drug	4714
database.	4715

Sec. 4725.19.  (A) In accordance with Chapter 119. of the	4716
Revised Code and by an affirmative vote of a majority of its	4717
members, the state board of optometry, for any of the reasons	4718
specified in division (B) of this section, shall refuse to grant a	4719
certificate of licensure to an applicant and may, with respect to	4720
a licensed optometrist, do one or more of the following:	4721

(1) Suspend the operation of any certificate of licensure,	4722
topical ocular pharmaceutical agents certificate, or therapeutic	4723
pharmaceutical agents certificate, or all certificates granted by	4724
it to the optometrist;	4725

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

4726

(3) Limit or otherwise place restrictions on any or all of	4727
the certificates;	4728

(4) Reprimand the optometrist;

4729

(5) Impose a monetary penalty. If the reason for which the	4730
board is imposing the penalty involves a criminal offense that	4731
carries a fine under the Revised Code, the penalty shall not	4732
exceed the maximum fine that may be imposed for the criminal	4733
offense. In any other case, the penalty imposed by the board shall	4734
not exceed five hundred dollars.	4735

(6) Require the optometrist to take corrective action	4736
courses.	4737

The amount and content of corrective action courses shall be	4738
established by the board in rules adopted under section 4725.09 of	4739
the Revised Code.	4740

(B) The sanctions specified in division (A) of this section	4741
may be taken by the board for any of the following reasons:	4742

(1) Committing fraud in passing the licensing examination or	4743
making false or purposely misleading statements in an application	4744
for a certificate of licensure;	4745

(2) Being at any time guilty of immorality, regardless of the	4746
jurisdiction in which the act was committed;	4747

(3) Being guilty of dishonesty or unprofessional conduct in	4748
the practice of optometry;	4749

(4) Being at any time guilty of a felony, regardless of the	4750
jurisdiction in which the act was committed;	4751

(5) Being at any time guilty of a misdemeanor committed in	4752
the course of practice, regardless of the jurisdiction in which	4753
the act was committed;	4754

(6) Violating the conditions of any limitation or other	4755
restriction placed by the board on any certificate issued by the	4756
board;	4757

(7) Engaging in the practice of optometry as provided in	4758
division (A)(1), (2), or (3) of section 4725.01 of the Revised	4759
Code when the certificate authorizing that practice is under	4760
suspension, in which case the board shall permanently revoke the	4761
certificate;	4762

(8) Being denied a license to practice optometry in another	4763
state or country or being subject to any other sanction by the	4764
optometric licensing authority of another state or country, other	4765
than sanctions imposed for the nonpayment of fees;	4766

(9) Departing from or failing to conform to acceptable and	4767
prevailing standards of care in the practice of optometry as	4768
followed by similar practitioners under the same or similar	4769
circumstances, regardless of whether actual injury to a patient is	4770
established;	4771

(10) Failing to maintain comprehensive patient records;

4772

(11) Advertising a price of optical accessories, eye	4773
examinations, or other products or services by any means that	4774
would deceive or mislead the public;	4775

(12) Being addicted to the use of alcohol, stimulants,	4776
narcotics, or any other substance which impairs the intellect and	4777
judgment to such an extent as to hinder or diminish the	4778
performance of the duties included in the person's practice of	4779
optometry;	4780

(13) Engaging in the practice of optometry as provided in	4781
division (A)(2) or (3) of section 4725.01 of the Revised Code	4782
without authority to do so or, if authorized, in a manner	4783
inconsistent with the authority granted;	4784

(14) Failing to make a report to the board as required by	4785
division (A) of section 4725.21 or section 4725.31 of the Revised	4786
Code;	4787

(15) Soliciting patients from door to door or establishing	4788
temporary offices, in which case the board shall suspend all	4789
certificates held by the optometrist;	4790

(16) Failing to comply with section 4725.092 of the Revised	4791
Code, unless the state board of pharmacy no longer maintains a	4792
drug database pursuant to section 4729.75 of the Revised Code;	4793

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

4794

(a) Waiving the payment of all or any part of a deductible or	4795
copayment that a patient, pursuant to a health insurance or health	4796
care policy, contract, or plan that covers optometric services,	4797
would otherwise be required to pay if the waiver is used as an	4798
enticement to a patient or group of patients to receive health	4799
care services from that optometrist.	4800

(b) Advertising that the optometrist will waive the payment	4801
of all or any part of a deductible or copayment that a patient,	4802
pursuant to a health insurance or health care policy, contract, or	4803
plan that covers optometric services, would otherwise be required	4804
to pay.	4805

(17) Failing to comply with the requirements in section	4806
3719.061 of the Revised Code before issuing tofor a minor a	4807
prescription for a controlled substance containingan analgesic	4808
controlled substance authorized pursuant to section 4725.091 of	4809
the Revised Code that is an opioid analgesic, as defined in	4810
section 3719.01 of the Revised Code.	4811

(C) Any person who is the holder of a certificate of	4812
licensure, or who is an applicant for a certificate of licensure	4813
against whom is preferred any charges, shall be furnished by the	4814
board with a copy of the complaint and shall have a hearing before	4815
the board in accordance with Chapter 119. of the Revised Code.	4816

(D) Sanctions shall not be imposed under division (B)(17) of	4817
this section against any optometrist who waives deductibles and	4818
copayments:	4819

(1) In compliance with the health benefit plan that expressly	4820
allows such a practice. Waiver of the deductibles or copayments	4821
shall be made only with the full knowledge and consent of the plan	4822
purchaser, payer, and third-party administrator. Documentation of	4823
the consent shall be made available to the board upon request.	4824

(2) For professional services rendered to any other	4825
optometrist licensed by the board, to the extent allowed by	4826
sections 4725.01 to 4725.34 of the Revised Code and the rules of	4827
the board.	4828

Sec. 4730.25.  (A) The state medical board, by an affirmative	4829
vote of not fewer than six members, may revoke or may refuse to	4830
grant a certificate to practice as a physician assistant or a	4831
certificate to prescribe to a person found by the board to have	4832
committed fraud, misrepresentation, or deception in applying for	4833
or securing the certificate.	4834

(B) The board, by an affirmative vote of not fewer than six	4835
members, shall, to the extent permitted by law, limit, revoke, or	4836
suspend an individual's certificate to practice as a physician	4837
assistant or certificate to prescribe, refuse to issue a	4838
certificate to an applicant, refuse to reinstate a certificate, or	4839
reprimand or place on probation the holder of a certificate for	4840
any of the following reasons:	4841

(1) Failure to practice in accordance with the conditions	4842
under which the supervising physician's supervision agreement with	4843
the physician assistant was approved, including the requirement	4844
that when practicing under a particular supervising physician, the	4845
physician assistant must practice only according to the physician	4846
supervisory plan the board approved for that physician or the	4847
policies of the health care facility in which the supervising	4848
physician and physician assistant are practicing;	4849

(2) Failure to comply with the requirements of this chapter,	4850
Chapter 4731. of the Revised Code, or any rules adopted by the	4851
board;	4852

(3) Violating or attempting to violate, directly or	4853
indirectly, or assisting in or abetting the violation of, or	4854
conspiring to violate, any provision of this chapter, Chapter	4855
4731. of the Revised Code, or the rules adopted by the board;	4856

(4) Inability to practice according to acceptable and	4857
prevailing standards of care by reason of mental illness or	4858
physical illness, including physical deterioration that adversely	4859
affects cognitive, motor, or perceptive skills;	4860

(5) Impairment of ability to practice according to acceptable	4861
and prevailing standards of care because of habitual or excessive	4862
use or abuse of drugs, alcohol, or other substances that impair	4863
ability to practice;	4864

(6) Administering drugs for purposes other than those	4865
authorized under this chapter;	4866

(7) Willfully betraying a professional confidence;

4867

(8) Making a false, fraudulent, deceptive, or misleading	4868
statement in soliciting or advertising for employment as a	4869
physician assistant; in connection with any solicitation or	4870
advertisement for patients; in relation to the practice of	4871
medicine as it pertains to physician assistants; or in securing or	4872
attempting to secure a certificate to practice as a physician	4873
assistant, a certificate to prescribe, or approval of a	4874
supervision agreement.	4875

As used in this division, "false, fraudulent, deceptive, or	4876
misleading statement" means a statement that includes a	4877
misrepresentation of fact, is likely to mislead or deceive because	4878
of a failure to disclose material facts, is intended or is likely	4879
to create false or unjustified expectations of favorable results,	4880
or includes representations or implications that in reasonable	4881
probability will cause an ordinarily prudent person to	4882
misunderstand or be deceived.	4883

(9) Representing, with the purpose of obtaining compensation	4884
or other advantage personally or for any other person, that an	4885
incurable disease or injury, or other incurable condition, can be	4886
permanently cured;	4887

(10) The obtaining of, or attempting to obtain, money or	4888
anything of value by fraudulent misrepresentations in the course	4889
of practice;	4890

(11) A plea of guilty to, a judicial finding of guilt of, or	4891
a judicial finding of eligibility for intervention in lieu of	4892
conviction for, a felony;	4893

(12) Commission of an act that constitutes a felony in this	4894
state, regardless of the jurisdiction in which the act was	4895
committed;	4896

(13) A plea of guilty to, a judicial finding of guilt of, or	4897
a judicial finding of eligibility for intervention in lieu of	4898
conviction for, a misdemeanor committed in the course of practice;	4899

(14) A plea of guilty to, a judicial finding of guilt of, or	4900
a judicial finding of eligibility for intervention in lieu of	4901
conviction for, a misdemeanor involving moral turpitude;	4902

(15) Commission of an act in the course of practice that	4903
constitutes a misdemeanor in this state, regardless of the	4904
jurisdiction in which the act was committed;	4905

(16) Commission of an act involving moral turpitude that	4906
constitutes a misdemeanor in this state, regardless of the	4907
jurisdiction in which the act was committed;	4908

(17) A plea of guilty to, a judicial finding of guilt of, or	4909
a judicial finding of eligibility for intervention in lieu of	4910
conviction for violating any state or federal law regulating the	4911
possession, distribution, or use of any drug, including	4912
trafficking in drugs;	4913

(18) Any of the following actions taken by the state agency	4914
responsible for regulating the practice of physician assistants in	4915
another state, for any reason other than the nonpayment of fees:	4916
the limitation, revocation, or suspension of an individual's	4917
license to practice; acceptance of an individual's license	4918
surrender; denial of a license; refusal to renew or reinstate a	4919
license; imposition of probation; or issuance of an order of	4920
censure or other reprimand;	4921

(19) A departure from, or failure to conform to, minimal	4922
standards of care of similar physician assistants under the same	4923
or similar circumstances, regardless of whether actual injury to a	4924
patient is established;	4925

(20) Violation of the conditions placed by the board on a	4926
certificate to practice as a physician assistant, a certificate to	4927
prescribe, a physician supervisory plan, or supervision agreement;	4928

(21) Failure to use universal blood and body fluid	4929
precautions established by rules adopted under section 4731.051 of	4930
the Revised Code;	4931

(22) Failure to cooperate in an investigation conducted by	4932
the board under section 4730.26 of the Revised Code, including	4933
failure to comply with a subpoena or order issued by the board or	4934
failure to answer truthfully a question presented by the board at	4935
a deposition or in written interrogatories, except that failure to	4936
cooperate with an investigation shall not constitute grounds for	4937
discipline under this section if a court of competent jurisdiction	4938
has issued an order that either quashes a subpoena or permits the	4939
individual to withhold the testimony or evidence in issue;	4940

(23) Assisting suicide, as defined in section 3795.01 of the	4941
Revised Code;	4942

(24) Prescribing any drug or device to perform or induce an	4943
abortion, or otherwise performing or inducing an abortion;	4944

(25) Failure to comply with section 4730.53 of the Revised	4945
Code, unless the board no longer maintains a drug database	4946
pursuant to section 4729.75 of the Revised Code;	4947

(25)(26) Failure to comply with the requirements in section	4948
3719.061 of the Revised Code before issuing tofor a minor a	4949
prescription for a controlled substance containing an opioid	4950
analgesic, as defined in section 3719.01 of the Revised Code.	4951

(C) Disciplinary actions taken by the board under divisions	4952
(A) and (B) of this section shall be taken pursuant to an	4953
adjudication under Chapter 119. of the Revised Code, except that	4954
in lieu of an adjudication, the board may enter into a consent	4955
agreement with a physician assistant or applicant to resolve an	4956
allegation of a violation of this chapter or any rule adopted	4957
under it. A consent agreement, when ratified by an affirmative	4958
vote of not fewer than six members of the board, shall constitute	4959
the findings and order of the board with respect to the matter	4960
addressed in the agreement. If the board refuses to ratify a	4961
consent agreement, the admissions and findings contained in the	4962
consent agreement shall be of no force or effect.	4963

(D) For purposes of divisions (B)(12), (15), and (16) of this	4964
section, the commission of the act may be established by a finding	4965
by the board, pursuant to an adjudication under Chapter 119. of	4966
the Revised Code, that the applicant or certificate holder	4967
committed the act in question. The board shall have no	4968
jurisdiction under these divisions in cases where the trial court	4969
renders a final judgment in the certificate holder's favor and	4970
that judgment is based upon an adjudication on the merits. The	4971
board shall have jurisdiction under these divisions in cases where	4972
the trial court issues an order of dismissal upon technical or	4973
procedural grounds.	4974

(E) The sealing of conviction records by any court shall have	4975
no effect upon a prior board order entered under the provisions of	4976
this section or upon the board's jurisdiction to take action under	4977
the provisions of this section if, based upon a plea of guilty, a	4978
judicial finding of guilt, or a judicial finding of eligibility	4979
for intervention in lieu of conviction, the board issued a notice	4980
of opportunity for a hearing prior to the court's order to seal	4981
the records. The board shall not be required to seal, destroy,	4982
redact, or otherwise modify its records to reflect the court's	4983
sealing of conviction records.	4984

(F) For purposes of this division, any individual who holds a	4985
certificate issued under this chapter, or applies for a	4986
certificate issued under this chapter, shall be deemed to have	4987
given consent to submit to a mental or physical examination when	4988
directed to do so in writing by the board and to have waived all	4989
objections to the admissibility of testimony or examination	4990
reports that constitute a privileged communication.	4991

(1) In enforcing division (B)(4) of this section, the board,	4992
upon a showing of a possible violation, may compel any individual	4993
who holds a certificate issued under this chapter or who has	4994
applied for a certificate pursuant to this chapter to submit to a	4995
mental examination, physical examination, including an HIV test,	4996
or both a mental and physical examination. The expense of the	4997
examination is the responsibility of the individual compelled to	4998
be examined. Failure to submit to a mental or physical examination	4999
or consent to an HIV test ordered by the board constitutes an	5000
admission of the allegations against the individual unless the	5001
failure is due to circumstances beyond the individual's control,	5002
and a default and final order may be entered without the taking of	5003
testimony or presentation of evidence. If the board finds a	5004
physician assistant unable to practice because of the reasons set	5005
forth in division (B)(4) of this section, the board shall require	5006
the physician assistant to submit to care, counseling, or	5007
treatment by physicians approved or designated by the board, as a	5008
condition for an initial, continued, reinstated, or renewed	5009
certificate. An individual affected under this division shall be	5010
afforded an opportunity to demonstrate to the board the ability to	5011
resume practicing in compliance with acceptable and prevailing	5012
standards of care.	5013

(2) For purposes of division (B)(5) of this section, if the	5014
board has reason to believe that any individual who holds a	5015
certificate issued under this chapter or any applicant for a	5016
certificate suffers such impairment, the board may compel the	5017
individual to submit to a mental or physical examination, or both.	5018
The expense of the examination is the responsibility of the	5019
individual compelled to be examined. Any mental or physical	5020
examination required under this division shall be undertaken by a	5021
treatment provider or physician qualified to conduct such	5022
examination and chosen by the board.	5023

Failure to submit to a mental or physical examination ordered	5024
by the board constitutes an admission of the allegations against	5025
the individual unless the failure is due to circumstances beyond	5026
the individual's control, and a default and final order may be	5027
entered without the taking of testimony or presentation of	5028
evidence. If the board determines that the individual's ability to	5029
practice is impaired, the board shall suspend the individual's	5030
certificate or deny the individual's application and shall require	5031
the individual, as a condition for initial, continued, reinstated,	5032
or renewed certification to practice or prescribe, to submit to	5033
treatment.	5034

Before being eligible to apply for reinstatement of a	5035
certificate suspended under this division, the physician assistant	5036
shall demonstrate to the board the ability to resume practice or	5037
prescribing in compliance with acceptable and prevailing standards	5038
of care. The demonstration shall include the following:	5039

(a) Certification from a treatment provider approved under	5040
section 4731.25 of the Revised Code that the individual has	5041
successfully completed any required inpatient treatment;	5042

(b) Evidence of continuing full compliance with an aftercare	5043
contract or consent agreement;	5044

(c) Two written reports indicating that the individual's	5045
ability to practice has been assessed and that the individual has	5046
been found capable of practicing according to acceptable and	5047
prevailing standards of care. The reports shall be made by	5048
individuals or providers approved by the board for making such	5049
assessments and shall describe the basis for their determination.	5050

The board may reinstate a certificate suspended under this	5051
division after such demonstration and after the individual has	5052
entered into a written consent agreement.	5053

When the impaired physician assistant resumes practice or	5054
prescribing, the board shall require continued monitoring of the	5055
physician assistant. The monitoring shall include compliance with	5056
the written consent agreement entered into before reinstatement or	5057
with conditions imposed by board order after a hearing, and, upon	5058
termination of the consent agreement, submission to the board for	5059
at least two years of annual written progress reports made under	5060
penalty of falsification stating whether the physician assistant	5061
has maintained sobriety.	5062

(G) If the secretary and supervising member determine that	5063
there is clear and convincing evidence that a physician assistant	5064
has violated division (B) of this section and that the	5065
individual's continued practice or prescribing presents a danger	5066
of immediate and serious harm to the public, they may recommend	5067
that the board suspend the individual's certificate to practice or	5068
prescribe without a prior hearing. Written allegations shall be	5069
prepared for consideration by the board.	5070

The board, upon review of those allegations and by an	5071
affirmative vote of not fewer than six of its members, excluding	5072
the secretary and supervising member, may suspend a certificate	5073
without a prior hearing. A telephone conference call may be	5074
utilized for reviewing the allegations and taking the vote on the	5075
summary suspension.	5076

The board shall issue a written order of suspension by	5077
certified mail or in person in accordance with section 119.07 of	5078
the Revised Code. The order shall not be subject to suspension by	5079
the court during pendency of any appeal filed under section 119.12	5080
of the Revised Code. If the physician assistant requests an	5081
adjudicatory hearing by the board, the date set for the hearing	5082
shall be within fifteen days, but not earlier than seven days,	5083
after the physician assistant requests the hearing, unless	5084
otherwise agreed to by both the board and the certificate holder.	5085

A summary suspension imposed under this division shall remain	5086
in effect, unless reversed on appeal, until a final adjudicative	5087
order issued by the board pursuant to this section and Chapter	5088
119. of the Revised Code becomes effective. The board shall issue	5089
its final adjudicative order within sixty days after completion of	5090
its hearing. Failure to issue the order within sixty days shall	5091
result in dissolution of the summary suspension order, but shall	5092
not invalidate any subsequent, final adjudicative order.	5093

(H) If the board takes action under division (B)(11), (13),	5094
or (14) of this section, and the judicial finding of guilt, guilty	5095
plea, or judicial finding of eligibility for intervention in lieu	5096
of conviction is overturned on appeal, upon exhaustion of the	5097
criminal appeal, a petition for reconsideration of the order may	5098
be filed with the board along with appropriate court documents.	5099
Upon receipt of a petition and supporting court documents, the	5100
board shall reinstate the certificate to practice or prescribe.	5101
The board may then hold an adjudication under Chapter 119. of the	5102
Revised Code to determine whether the individual committed the act	5103
in question. Notice of opportunity for hearing shall be given in	5104
accordance with Chapter 119. of the Revised Code. If the board	5105
finds, pursuant to an adjudication held under this division, that	5106
the individual committed the act, or if no hearing is requested,	5107
it may order any of the sanctions identified under division (B) of	5108
this section.	5109

(I) The certificate to practice issued to a physician	5110
assistant and the physician assistant's practice in this state are	5111
automatically suspended as of the date the physician assistant	5112
pleads guilty to, is found by a judge or jury to be guilty of, or	5113
is subject to a judicial finding of eligibility for intervention	5114
in lieu of conviction in this state or treatment or intervention	5115
in lieu of conviction in another state for any of the following	5116
criminal offenses in this state or a substantially equivalent	5117
criminal offense in another jurisdiction: aggravated murder,	5118
murder, voluntary manslaughter, felonious assault, kidnapping,	5119
rape, sexual battery, gross sexual imposition, aggravated arson,	5120
aggravated robbery, or aggravated burglary. Continued practice	5121
after the suspension shall be considered practicing without a	5122
certificate.	5123

The board shall notify the individual subject to the	5124
suspension by certified mail or in person in accordance with	5125
section 119.07 of the Revised Code. If an individual whose	5126
certificate is suspended under this division fails to make a	5127
timely request for an adjudication under Chapter 119. of the	5128
Revised Code, the board shall enter a final order permanently	5129
revoking the individual's certificate to practice.	5130

(J) In any instance in which the board is required by Chapter	5131
119. of the Revised Code to give notice of opportunity for hearing	5132
and the individual subject to the notice does not timely request a	5133
hearing in accordance with section 119.07 of the Revised Code, the	5134
board is not required to hold a hearing, but may adopt, by an	5135
affirmative vote of not fewer than six of its members, a final	5136
order that contains the board's findings. In that final order, the	5137
board may order any of the sanctions identified under division (A)	5138
or (B) of this section.	5139

(K) Any action taken by the board under division (B) of this	5140
section resulting in a suspension shall be accompanied by a	5141
written statement of the conditions under which the physician	5142
assistant's certificate may be reinstated. The board shall adopt	5143
rules in accordance with Chapter 119. of the Revised Code	5144
governing conditions to be imposed for reinstatement.	5145
Reinstatement of a certificate suspended pursuant to division (B)	5146
of this section requires an affirmative vote of not fewer than six	5147
members of the board.	5148

(L) When the board refuses to grant to an applicant a	5149
certificate to practice as a physician assistant or a certificate	5150
to prescribe, revokes an individual's certificate, refuses to	5151
issue a certificate, or refuses to reinstate an individual's	5152
certificate, the board may specify that its action is permanent.	5153
An individual subject to a permanent action taken by the board is	5154
forever thereafter ineligible to hold the certificate and the	5155
board shall not accept an application for reinstatement of the	5156
certificate or for issuance of a new certificate.	5157

(M) Notwithstanding any other provision of the Revised Code,	5158
all of the following apply:	5159

(1) The surrender of a certificate issued under this chapter	5160
is not effective unless or until accepted by the board.	5161
Reinstatement of a certificate surrendered to the board requires	5162
an affirmative vote of not fewer than six members of the board.	5163

(2) An application made under this chapter for a certificate,	5164
approval of a physician supervisory plan, or approval of a	5165
supervision agreement may not be withdrawn without approval of the	5166
board.	5167

(3) Failure by an individual to renew a certificate in	5168
accordance with section 4730.14 or section 4730.48 of the Revised	5169
Code shall not remove or limit the board's jurisdiction to take	5170
disciplinary action under this section against the individual.	5171

Sec. 4730.53. (A) As used in this section, "drug:

5172

(1) "Drug database" means the database established and	5173
maintained by the state board of pharmacy pursuant to section	5174
4729.75 of the Revised Code.	5175

(2) "Opioid analgesic" and "benzodiazepine" have the same	5176
meanings as in section 3719.01 of the Revised Code.	5177

(B) Except as provided in divisions (C) and (E) of this	5178
section, a physician assistant holding a certificate to prescribe	5179
issued under this chapter shall comply with all of the following	5180
as conditions of prescribing a drug that is either an opioid	5181
analgesic or a benzodiazepine as part of a patient's course of	5182
treatment for a particular condition:	5183

(1) Before initially prescribing the drug, the physician	5184
assistant or the physician assistant's delegate shall request from	5185
the drug database a report of information related to the patient	5186
that covers at least the twelve months immediately preceding the	5187
date of the request. If the physician assistant practices	5188
primarily in a county of this state that adjoins another state,	5189
the physician assistant or delegate also shall request a report of	5190
any information available in the drug database that pertains to	5191
prescriptions issued or drugs furnished to the patient in the	5192
state adjoining that county.	5193

(2) If the patient's course of treatment for the condition	5194
continues for more than ninety days after the initial report is	5195
requested, the physician assistant or delegate shall make periodic	5196
requests for reports of information from the drug database until	5197
the course of treatment has ended. The requests shall be made at	5198
intervals not exceeding ninety days, determined according to the	5199
date the initial request was made. The request shall be made in	5200
the same manner provided in division (B)(1) of this section for	5201
requesting the initial report of information from the drug	5202
database.	5203

(3) On receipt of a report under division (B)(1) or (2) of	5204
this section, the physician assistant shall assess the information	5205
in the report. The physician assistant shall document in the	5206
patient's record that the report was received and the information	5207
was assessed.	5208

(C) Division (B) of this section does not apply in any of the	5209
following circumstances:	5210

(1) A drug database report regarding the patient is not	5211
available, in which case the physician assistant shall document in	5212
the patient's record the reason that the report is not available.	5213

(2) The drug is prescribed in an amount indicated for a	5214
period not to exceed seven days.	5215

(3) The drug is prescribed for the treatment of cancer or	5216
another condition associated with cancer.	5217

(4) The drug is prescribed to a hospice patient in a hospice	5218
care program, as those terms are defined in section 3712.01 of the	5219
Revised Code, or any other patient diagnosed as terminally ill.	5220

(5) The drug is prescribed for administration in a hospital,	5221
nursing home, or residential care facility.	5222

(D) With respect to prescribing any drug that is not an	5223
opioid analgesic or a benzodiazepine but is included in the drug	5224
database pursuant to rules adopted under section 4729.84 of the	5225
Revised Code, theThe state medical board shallmay adopt rules	5226
that establish standards and procedures to be followed by a	5227
physician assistant who holds a certificate to prescribe issued	5228
under this chapter regarding the review of patient information	5229
available through the drug database under division (A)(5) of	5230
section 4729.80 of the Revised Code. The rules shall be adopted in	5231
accordance with Chapter 119. of the Revised Code.	5232

(E) This section and theany rules adopted under it do not	5233
apply if the state board of pharmacy no longer maintains the drug	5234
database.	5235

Sec. 4731.055. (A) As used in this section:

5236

(1) "Drug database" means the database established and	5237
maintained by the state board of pharmacy pursuant to section	5238
4729.75 of the Revised Code.	5239

(2) "Physician" means an individual authorized under this	5240
chapter to practice medicine and surgery, osteopathic medicine and	5241
surgery, or podiatric medicine and surgery.	5242

(3) "Opioid analgesic" and "benzodiazepine" have the same	5243
meanings as in section 3719.01 of the Revised Code.	5244

(B) Except as provided in divisions (C) and (E) of this	5245
section, a physician shall comply with all of the following as	5246
conditions of prescribing a drug that is either an opioid	5247
analgesic or a benzodiazepine, or personally furnishing a complete	5248
or partial supply of such a drug, as part of a patient's course of	5249
treatment for a particular condition:	5250

(1) Before initially prescribing or furnishing the drug, the	5251
physician or the physician's delegate shall request from the drug	5252
database a report of information related to the patient that	5253
covers at least the twelve months immediately preceding the date	5254
of the request. If the physician practices primarily in a county	5255
of this state that adjoins another state, the physician or	5256
delegate also shall request a report of any information available	5257
in the drug database that pertains to prescriptions issued or	5258
drugs furnished to the patient in the state adjoining that county.	5259

(2) If the patient's course of treatment for the condition	5260
continues for more than ninety days after the initial report is	5261
requested, the physician or delegate shall make periodic requests	5262
for reports of information from the drug database until the course	5263
of treatment has ended. The requests shall be made at intervals	5264
not exceeding ninety days, determined according to the date the	5265
initial request was made. The request shall be made in the same	5266
manner provided in division (B)(1) of this section for requesting	5267
the initial report of information from the drug database.	5268

(3) On receipt of a report under division (B)(1) or (2) of	5269
this section, the physician shall assess the information in the	5270
report. The physician shall document in the patient's record that	5271
the report was received and the information was assessed.	5272

(C) Division (B) of this section does not apply in any of the	5273
following circumstances:	5274

(1) A drug database report regarding the patient is not	5275
available, in which case the physician shall document in the	5276
patient's record the reason that the report is not available.	5277

(2) The drug is prescribed or personally furnished in an	5278
amount indicated for a period not to exceed seven days.	5279

(3) The drug is prescribed or personally furnished for the	5280
treatment of cancer or another condition associated with cancer.	5281

(4) The drug is prescribed or personally furnished to a	5282
hospice patient in a hospice care program, as those terms are	5283
defined in section 3712.01 of the Revised Code, or any other	5284
patient diagnosed as terminally ill.	5285

(5) The drug is prescribed or personally furnished for	5286
administration in a hospital, nursing home, or residential care	5287
facility.	5288

(6) The drug is prescribed or personally furnished to treat	5289
acute pain resulting from a surgical or other invasive procedure	5290
or a delivery.	5291

(D) With respect to prescribing or personally furnishing any	5292
drug that is not an opioid analgesic or a benzodiazepine but is	5293
included in the drug database pursuant to rules adopted under	5294
section 4729.84 of the Revised Code, theThe state medical board	5295
shallmay adopt rules that establish standards and procedures to	5296
be followed by a physician regarding the review of patient	5297
information available through the drug database under division	5298
(A)(5) of section 4729.80 of the Revised Code. The rules shall be	5299
adopted in accordance with Chapter 119. of the Revised Code.	5300

(E) This section and theany rules adopted under it do not	5301
apply if the state board of pharmacy no longer maintains the drug	5302
database.	5303

Sec. 4731.22.  (A) The state medical board, by an affirmative	5304
vote of not fewer than six of its members, may limit, revoke, or	5305
suspend an individual's certificate to practice, refuse to grant a	5306
certificate to an individual, refuse to register an individual,	5307
refuse to reinstate a certificate, or reprimand or place on	5308
probation the holder of a certificate if the individual or	5309
certificate holder is found by the board to have committed fraud	5310
during the administration of the examination for a certificate to	5311
practice or to have committed fraud, misrepresentation, or	5312
deception in applying for or securing any certificate to practice	5313
or certificate of registration issued by the board.	5314

(B) The board, by an affirmative vote of not fewer than six	5315
members, shall, to the extent permitted by law, limit, revoke, or	5316
suspend an individual's certificate to practice, refuse to	5317
register an individual, refuse to reinstate a certificate, or	5318
reprimand or place on probation the holder of a certificate for	5319
one or more of the following reasons:	5320

(1) Permitting one's name or one's certificate to practice or	5321
certificate of registration to be used by a person, group, or	5322
corporation when the individual concerned is not actually	5323
directing the treatment given;	5324

(2) Failure to maintain minimal standards applicable to the	5325
selection or administration of drugs, or failure to employ	5326
acceptable scientific methods in the selection of drugs or other	5327
modalities for treatment of disease;	5328

(3) Selling, giving away, personally furnishing, prescribing,	5329
or administering drugs for other than legal and legitimate	5330
therapeutic purposes or a plea of guilty to, a judicial finding of	5331
guilt of, or a judicial finding of eligibility for intervention in	5332
lieu of conviction of, a violation of any federal or state law	5333
regulating the possession, distribution, or use of any drug;	5334

(4) Willfully betraying a professional confidence.

5335

For purposes of this division, "willfully betraying a	5336
professional confidence" does not include providing any	5337
information, documents, or reports to a child fatality review	5338
board under sections 307.621 to 307.629 of the Revised Code and	5339
does not include the making of a report of an employee's use of a	5340
drug of abuse, or a report of a condition of an employee other	5341
than one involving the use of a drug of abuse, to the employer of	5342
the employee as described in division (B) of section 2305.33 of	5343
the Revised Code. Nothing in this division affects the immunity	5344
from civil liability conferred by that section upon a physician	5345
who makes either type of report in accordance with division (B) of	5346
that section. As used in this division, "employee," "employer,"	5347
and "physician" have the same meanings as in section 2305.33 of	5348
the Revised Code.	5349

(5) Making a false, fraudulent, deceptive, or misleading	5350
statement in the solicitation of or advertising for patients; in	5351
relation to the practice of medicine and surgery, osteopathic	5352
medicine and surgery, podiatric medicine and surgery, or a limited	5353
branch of medicine; or in securing or attempting to secure any	5354
certificate to practice or certificate of registration issued by	5355
the board.	5356

As used in this division, "false, fraudulent, deceptive, or	5357
misleading statement" means a statement that includes a	5358
misrepresentation of fact, is likely to mislead or deceive because	5359
of a failure to disclose material facts, is intended or is likely	5360
to create false or unjustified expectations of favorable results,	5361
or includes representations or implications that in reasonable	5362
probability will cause an ordinarily prudent person to	5363
misunderstand or be deceived.	5364

(6) A departure from, or the failure to conform to, minimal	5365
standards of care of similar practitioners under the same or	5366
similar circumstances, whether or not actual injury to a patient	5367
is established;	5368

(7) Representing, with the purpose of obtaining compensation	5369
or other advantage as personal gain or for any other person, that	5370
an incurable disease or injury, or other incurable condition, can	5371
be permanently cured;	5372

(8) The obtaining of, or attempting to obtain, money or	5373
anything of value by fraudulent misrepresentations in the course	5374
of practice;	5375

(9) A plea of guilty to, a judicial finding of guilt of, or a	5376
judicial finding of eligibility for intervention in lieu of	5377
conviction for, a felony;	5378

(10) Commission of an act that constitutes a felony in this	5379
state, regardless of the jurisdiction in which the act was	5380
committed;	5381

(11) A plea of guilty to, a judicial finding of guilt of, or	5382
a judicial finding of eligibility for intervention in lieu of	5383
conviction for, a misdemeanor committed in the course of practice;	5384

(12) Commission of an act in the course of practice that	5385
constitutes a misdemeanor in this state, regardless of the	5386
jurisdiction in which the act was committed;	5387

(13) A plea of guilty to, a judicial finding of guilt of, or	5388
a judicial finding of eligibility for intervention in lieu of	5389
conviction for, a misdemeanor involving moral turpitude;	5390

(14) Commission of an act involving moral turpitude that	5391
constitutes a misdemeanor in this state, regardless of the	5392
jurisdiction in which the act was committed;	5393

(15) Violation of the conditions of limitation placed by the	5394
board upon a certificate to practice;	5395

(16) Failure to pay license renewal fees specified in this	5396
chapter;	5397

(17) Except as authorized in section 4731.31 of the Revised	5398
Code, engaging in the division of fees for referral of patients,	5399
or the receiving of a thing of value in return for a specific	5400
referral of a patient to utilize a particular service or business;	5401

(18) Subject to section 4731.226 of the Revised Code,	5402
violation of any provision of a code of ethics of the American	5403
medical association, the American osteopathic association, the	5404
American podiatric medical association, or any other national	5405
professional organizations that the board specifies by rule. The	5406
state medical board shall obtain and keep on file current copies	5407
of the codes of ethics of the various national professional	5408
organizations. The individual whose certificate is being suspended	5409
or revoked shall not be found to have violated any provision of a	5410
code of ethics of an organization not appropriate to the	5411
individual's profession.	5412

For purposes of this division, a "provision of a code of	5413
ethics of a national professional organization" does not include	5414
any provision that would preclude the making of a report by a	5415
physician of an employee's use of a drug of abuse, or of a	5416
condition of an employee other than one involving the use of a	5417
drug of abuse, to the employer of the employee as described in	5418
division (B) of section 2305.33 of the Revised Code. Nothing in	5419
this division affects the immunity from civil liability conferred	5420
by that section upon a physician who makes either type of report	5421
in accordance with division (B) of that section. As used in this	5422
division, "employee," "employer," and "physician" have the same	5423
meanings as in section 2305.33 of the Revised Code.	5424

(19) Inability to practice according to acceptable and	5425
prevailing standards of care by reason of mental illness or	5426
physical illness, including, but not limited to, physical	5427
deterioration that adversely affects cognitive, motor, or	5428
perceptive skills.	5429

In enforcing this division, the board, upon a showing of a	5430
possible violation, may compel any individual authorized to	5431
practice by this chapter or who has submitted an application	5432
pursuant to this chapter to submit to a mental examination,	5433
physical examination, including an HIV test, or both a mental and	5434
a physical examination. The expense of the examination is the	5435
responsibility of the individual compelled to be examined. Failure	5436
to submit to a mental or physical examination or consent to an HIV	5437
test ordered by the board constitutes an admission of the	5438
allegations against the individual unless the failure is due to	5439
circumstances beyond the individual's control, and a default and	5440
final order may be entered without the taking of testimony or	5441
presentation of evidence. If the board finds an individual unable	5442
to practice because of the reasons set forth in this division, the	5443
board shall require the individual to submit to care, counseling,	5444
or treatment by physicians approved or designated by the board, as	5445
a condition for initial, continued, reinstated, or renewed	5446
authority to practice. An individual affected under this division	5447
shall be afforded an opportunity to demonstrate to the board the	5448
ability to resume practice in compliance with acceptable and	5449
prevailing standards under the provisions of the individual's	5450
certificate. For the purpose of this division, any individual who	5451
applies for or receives a certificate to practice under this	5452
chapter accepts the privilege of practicing in this state and, by	5453
so doing, shall be deemed to have given consent to submit to a	5454
mental or physical examination when directed to do so in writing	5455
by the board, and to have waived all objections to the	5456
admissibility of testimony or examination reports that constitute	5457
a privileged communication.	5458

(20) Except when civil penalties are imposed under section	5459
4731.225 or 4731.281 of the Revised Code, and subject to section	5460
4731.226 of the Revised Code, violating or attempting to violate,	5461
directly or indirectly, or assisting in or abetting the violation	5462
of, or conspiring to violate, any provisions of this chapter or	5463
any rule promulgated by the board.	5464

This division does not apply to a violation or attempted	5465
violation of, assisting in or abetting the violation of, or a	5466
conspiracy to violate, any provision of this chapter or any rule	5467
adopted by the board that would preclude the making of a report by	5468
a physician of an employee's use of a drug of abuse, or of a	5469
condition of an employee other than one involving the use of a	5470
drug of abuse, to the employer of the employee as described in	5471
division (B) of section 2305.33 of the Revised Code. Nothing in	5472
this division affects the immunity from civil liability conferred	5473
by that section upon a physician who makes either type of report	5474
in accordance with division (B) of that section. As used in this	5475
division, "employee," "employer," and "physician" have the same	5476
meanings as in section 2305.33 of the Revised Code.	5477

(21) The violation of section 3701.79 of the Revised Code or	5478
of any abortion rule adopted by the public health council pursuant	5479
to section 3701.341 of the Revised Code;	5480

(22) Any of the following actions taken by an agency	5481
responsible for authorizing, certifying, or regulating an	5482
individual to practice a health care occupation or provide health	5483
care services in this state or another jurisdiction, for any	5484
reason other than the nonpayment of fees: the limitation,	5485
revocation, or suspension of an individual's license to practice;	5486
acceptance of an individual's license surrender; denial of a	5487
license; refusal to renew or reinstate a license; imposition of	5488
probation; or issuance of an order of censure or other reprimand;	5489

(23) The violation of section 2919.12 of the Revised Code or	5490
the performance or inducement of an abortion upon a pregnant woman	5491
with actual knowledge that the conditions specified in division	5492
(B) of section 2317.56 of the Revised Code have not been satisfied	5493
or with a heedless indifference as to whether those conditions	5494
have been satisfied, unless an affirmative defense as specified in	5495
division (H)(2) of that section would apply in a civil action	5496
authorized by division (H)(1) of that section;	5497

(24) The revocation, suspension, restriction, reduction, or	5498
termination of clinical privileges by the United States department	5499
of defense or department of veterans affairs or the termination or	5500
suspension of a certificate of registration to prescribe drugs by	5501
the drug enforcement administration of the United States	5502
department of justice;	5503

(25) Termination or suspension from participation in the	5504
medicare or medicaid programs by the department of health and	5505
human services or other responsible agency for any act or acts	5506
that also would constitute a violation of division (B)(2), (3),	5507
(6), (8), or (19) of this section;	5508

(26) Impairment of ability to practice according to	5509
acceptable and prevailing standards of care because of habitual or	5510
excessive use or abuse of drugs, alcohol, or other substances that	5511
impair ability to practice.	5512

For the purposes of this division, any individual authorized	5513
to practice by this chapter accepts the privilege of practicing in	5514
this state subject to supervision by the board. By filing an	5515
application for or holding a certificate to practice under this	5516
chapter, an individual shall be deemed to have given consent to	5517
submit to a mental or physical examination when ordered to do so	5518
by the board in writing, and to have waived all objections to the	5519
admissibility of testimony or examination reports that constitute	5520
privileged communications.	5521

If it has reason to believe that any individual authorized to	5522
practice by this chapter or any applicant for certification to	5523
practice suffers such impairment, the board may compel the	5524
individual to submit to a mental or physical examination, or both.	5525
The expense of the examination is the responsibility of the	5526
individual compelled to be examined. Any mental or physical	5527
examination required under this division shall be undertaken by a	5528
treatment provider or physician who is qualified to conduct the	5529
examination and who is chosen by the board.	5530

Failure to submit to a mental or physical examination ordered	5531
by the board constitutes an admission of the allegations against	5532
the individual unless the failure is due to circumstances beyond	5533
the individual's control, and a default and final order may be	5534
entered without the taking of testimony or presentation of	5535
evidence. If the board determines that the individual's ability to	5536
practice is impaired, the board shall suspend the individual's	5537
certificate or deny the individual's application and shall require	5538
the individual, as a condition for initial, continued, reinstated,	5539
or renewed certification to practice, to submit to treatment.	5540

Before being eligible to apply for reinstatement of a	5541
certificate suspended under this division, the impaired	5542
practitioner shall demonstrate to the board the ability to resume	5543
practice in compliance with acceptable and prevailing standards of	5544
care under the provisions of the practitioner's certificate. The	5545
demonstration shall include, but shall not be limited to, the	5546
following:	5547

(a) Certification from a treatment provider approved under	5548
section 4731.25 of the Revised Code that the individual has	5549
successfully completed any required inpatient treatment;	5550

(b) Evidence of continuing full compliance with an aftercare	5551
contract or consent agreement;	5552

(c) Two written reports indicating that the individual's	5553
ability to practice has been assessed and that the individual has	5554
been found capable of practicing according to acceptable and	5555
prevailing standards of care. The reports shall be made by	5556
individuals or providers approved by the board for making the	5557
assessments and shall describe the basis for their determination.	5558

The board may reinstate a certificate suspended under this	5559
division after that demonstration and after the individual has	5560
entered into a written consent agreement.	5561

When the impaired practitioner resumes practice, the board	5562
shall require continued monitoring of the individual. The	5563
monitoring shall include, but not be limited to, compliance with	5564
the written consent agreement entered into before reinstatement or	5565
with conditions imposed by board order after a hearing, and, upon	5566
termination of the consent agreement, submission to the board for	5567
at least two years of annual written progress reports made under	5568
penalty of perjury stating whether the individual has maintained	5569
sobriety.	5570

(27) A second or subsequent violation of section 4731.66 or	5571
4731.69 of the Revised Code;	5572

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

5573

(a) Waiving the payment of all or any part of a deductible or	5574
copayment that a patient, pursuant to a health insurance or health	5575
care policy, contract, or plan that covers the individual's	5576
services, otherwise would be required to pay if the waiver is used	5577
as an enticement to a patient or group of patients to receive	5578
health care services from that individual;	5579

(b) Advertising that the individual will waive the payment of	5580
all or any part of a deductible or copayment that a patient,	5581
pursuant to a health insurance or health care policy, contract, or	5582
plan that covers the individual's services, otherwise would be	5583
required to pay.	5584

(29) Failure to use universal blood and body fluid	5585
precautions established by rules adopted under section 4731.051 of	5586
the Revised Code;	5587

(30) Failure to provide notice to, and receive acknowledgment	5588
of the notice from, a patient when required by section 4731.143 of	5589
the Revised Code prior to providing nonemergency professional	5590
services, or failure to maintain that notice in the patient's	5591
file;	5592

(31) Failure of a physician supervising a physician assistant	5593
to maintain supervision in accordance with the requirements of	5594
Chapter 4730. of the Revised Code and the rules adopted under that	5595
chapter;	5596

(32) Failure of a physician or podiatrist to enter into a	5597
standard care arrangement with a clinical nurse specialist,	5598
certified nurse-midwife, or certified nurse practitioner with whom	5599
the physician or podiatrist is in collaboration pursuant to	5600
section 4731.27 of the Revised Code or failure to fulfill the	5601
responsibilities of collaboration after entering into a standard	5602
care arrangement;	5603

(33) Failure to comply with the terms of a consult agreement	5604
entered into with a pharmacist pursuant to section 4729.39 of the	5605
Revised Code;	5606

(34) Failure to cooperate in an investigation conducted by	5607
the board under division (F) of this section, including failure to	5608
comply with a subpoena or order issued by the board or failure to	5609
answer truthfully a question presented by the board in an	5610
investigative interview, an investigative office conference, at a	5611
deposition, or in written interrogatories, except that failure to	5612
cooperate with an investigation shall not constitute grounds for	5613
discipline under this section if a court of competent jurisdiction	5614
has issued an order that either quashes a subpoena or permits the	5615
individual to withhold the testimony or evidence in issue;	5616

(35) Failure to supervise an oriental medicine practitioner	5617
or acupuncturist in accordance with Chapter 4762. of the Revised	5618
Code and the board's rules for providing that supervision;	5619

(36) Failure to supervise an anesthesiologist assistant in	5620
accordance with Chapter 4760. of the Revised Code and the board's	5621
rules for supervision of an anesthesiologist assistant;	5622

(37) Assisting suicide, as defined in section 3795.01 of the	5623
Revised Code;	5624

(38) Failure to comply with the requirements of section	5625
2317.561 of the Revised Code;	5626

(39) Failure to supervise a radiologist assistant in	5627
accordance with Chapter 4774. of the Revised Code and the board's	5628
rules for supervision of radiologist assistants;	5629

(40) Performing or inducing an abortion at an office or	5630
facility with knowledge that the office or facility fails to post	5631
the notice required under section 3701.791 of the Revised Code;	5632

(41) Failure to comply with the standards and procedures	5633
established in rules under section 4731.054 of the Revised Code	5634
for the operation of or the provision of care at a pain management	5635
clinic;	5636

(42) Failure to comply with the standards and procedures	5637
established in rules under section 4731.054 of the Revised Code	5638
for providing supervision, direction, and control of individuals	5639
at a pain management clinic;	5640

(43) Failure to comply with the requirements of section	5641
4729.79 or 4731.055 of the Revised Code, unless the state board of	5642
pharmacy no longer maintains a drug database pursuant to section	5643
4729.75 of the Revised Code;	5644

(44) Failure to comply with the requirements of section	5645
2919.171 of the Revised Code or failure to submit to the	5646
department of health in accordance with a court order a complete	5647
report as described in section 2919.171 of the Revised Code;	5648

(45) Practicing at a facility that is subject to licensure as	5649
a category III terminal distributor of dangerous drugs with a pain	5650
management clinic classification unless the person operating the	5651
facility has obtained and maintains the license with the	5652
classification;	5653

(46) Owning a facility that is subject to licensure as a	5654
category III terminal distributor of dangerous drugs with a pain	5655
management clinic classification unless the facility is licensed	5656
with the classification;	5657

(47) Failure to comply with the requirement regarding	5658
maintaining notes described in division (B) of section 2919.191 of	5659
the Revised Code or failure to satisfy the requirements of section	5660
2919.191 of the Revised Code prior to performing or inducing an	5661
abortion upon a pregnant woman;	5662

(48) Failure to comply with the requirements in section	5663
3719.061 of the Revised Code before issuing tofor a minor a	5664
prescription for a controlled substance containing an opioid	5665
analgesic, as defined in section 3719.01 of the Revised Code.	5666

(C) Disciplinary actions taken by the board under divisions	5667
(A) and (B) of this section shall be taken pursuant to an	5668
adjudication under Chapter 119. of the Revised Code, except that	5669
in lieu of an adjudication, the board may enter into a consent	5670
agreement with an individual to resolve an allegation of a	5671
violation of this chapter or any rule adopted under it. A consent	5672
agreement, when ratified by an affirmative vote of not fewer than	5673
six members of the board, shall constitute the findings and order	5674
of the board with respect to the matter addressed in the	5675
agreement. If the board refuses to ratify a consent agreement, the	5676
admissions and findings contained in the consent agreement shall	5677
be of no force or effect.	5678

A telephone conference call may be utilized for ratification	5679
of a consent agreement that revokes or suspends an individual's	5680
certificate to practice. The telephone conference call shall be	5681
considered a special meeting under division (F) of section 121.22	5682
of the Revised Code.	5683

If the board takes disciplinary action against an individual	5684
under division (B) of this section for a second or subsequent plea	5685
of guilty to, or judicial finding of guilt of, a violation of	5686
section 2919.123 of the Revised Code, the disciplinary action	5687
shall consist of a suspension of the individual's certificate to	5688
practice for a period of at least one year or, if determined	5689
appropriate by the board, a more serious sanction involving the	5690
individual's certificate to practice. Any consent agreement	5691
entered into under this division with an individual that pertains	5692
to a second or subsequent plea of guilty to, or judicial finding	5693
of guilt of, a violation of that section shall provide for a	5694
suspension of the individual's certificate to practice for a	5695
period of at least one year or, if determined appropriate by the	5696
board, a more serious sanction involving the individual's	5697
certificate to practice.	5698

(D) For purposes of divisions (B)(10), (12), and (14) of this	5699
section, the commission of the act may be established by a finding	5700
by the board, pursuant to an adjudication under Chapter 119. of	5701
the Revised Code, that the individual committed the act. The board	5702
does not have jurisdiction under those divisions if the trial	5703
court renders a final judgment in the individual's favor and that	5704
judgment is based upon an adjudication on the merits. The board	5705
has jurisdiction under those divisions if the trial court issues	5706
an order of dismissal upon technical or procedural grounds.	5707

(E) The sealing of conviction records by any court shall have	5708
no effect upon a prior board order entered under this section or	5709
upon the board's jurisdiction to take action under this section	5710
if, based upon a plea of guilty, a judicial finding of guilt, or a	5711
judicial finding of eligibility for intervention in lieu of	5712
conviction, the board issued a notice of opportunity for a hearing	5713
prior to the court's order to seal the records. The board shall	5714
not be required to seal, destroy, redact, or otherwise modify its	5715
records to reflect the court's sealing of conviction records.	5716

(F)(1) The board shall investigate evidence that appears to	5717
show that a person has violated any provision of this chapter or	5718
any rule adopted under it. Any person may report to the board in a	5719
signed writing any information that the person may have that	5720
appears to show a violation of any provision of this chapter or	5721
any rule adopted under it. In the absence of bad faith, any person	5722
who reports information of that nature or who testifies before the	5723
board in any adjudication conducted under Chapter 119. of the	5724
Revised Code shall not be liable in damages in a civil action as a	5725
result of the report or testimony. Each complaint or allegation of	5726
a violation received by the board shall be assigned a case number	5727
and shall be recorded by the board.	5728

(2) Investigations of alleged violations of this chapter or	5729
any rule adopted under it shall be supervised by the supervising	5730
member elected by the board in accordance with section 4731.02 of	5731
the Revised Code and by the secretary as provided in section	5732
4731.39 of the Revised Code. The president may designate another	5733
member of the board to supervise the investigation in place of the	5734
supervising member. No member of the board who supervises the	5735
investigation of a case shall participate in further adjudication	5736
of the case.	5737

(3) In investigating a possible violation of this chapter or	5738
any rule adopted under this chapter, or in conducting an	5739
inspection under division (E) of section 4731.054 of the Revised	5740
Code, the board may question witnesses, conduct interviews,	5741
administer oaths, order the taking of depositions, inspect and	5742
copy any books, accounts, papers, records, or documents, issue	5743
subpoenas, and compel the attendance of witnesses and production	5744
of books, accounts, papers, records, documents, and testimony,	5745
except that a subpoena for patient record information shall not be	5746
issued without consultation with the attorney general's office and	5747
approval of the secretary and supervising member of the board.	5748

(a) Before issuance of a subpoena for patient record	5749
information, the secretary and supervising member shall determine	5750
whether there is probable cause to believe that the complaint	5751
filed alleges a violation of this chapter or any rule adopted	5752
under it and that the records sought are relevant to the alleged	5753
violation and material to the investigation. The subpoena may	5754
apply only to records that cover a reasonable period of time	5755
surrounding the alleged violation.	5756

(b) On failure to comply with any subpoena issued by the	5757
board and after reasonable notice to the person being subpoenaed,	5758
the board may move for an order compelling the production of	5759
persons or records pursuant to the Rules of Civil Procedure.	5760

(c) A subpoena issued by the board may be served by a	5761
sheriff, the sheriff's deputy, or a board employee designated by	5762
the board. Service of a subpoena issued by the board may be made	5763
by delivering a copy of the subpoena to the person named therein,	5764
reading it to the person, or leaving it at the person's usual	5765
place of residence, usual place of business, or address on file	5766
with the board. When serving a subpoena to an applicant for or the	5767
holder of a certificate issued under this chapter, service of the	5768
subpoena may be made by certified mail, return receipt requested,	5769
and the subpoena shall be deemed served on the date delivery is	5770
made or the date the person refuses to accept delivery. If the	5771
person being served refuses to accept the subpoena or is not	5772
located, service may be made to an attorney who notifies the board	5773
that the attorney is representing the person.	5774

(d) A sheriff's deputy who serves a subpoena shall receive	5775
the same fees as a sheriff. Each witness who appears before the	5776
board in obedience to a subpoena shall receive the fees and	5777
mileage provided for under section 119.094 of the Revised Code.	5778

(4) All hearings, investigations, and inspections of the	5779
board shall be considered civil actions for the purposes of	5780
section 2305.252 of the Revised Code.	5781

(5) A report required to be submitted to the board under this	5782
chapter, a complaint, or information received by the board	5783
pursuant to an investigation or pursuant to an inspection under	5784
division (E) of section 4731.054 of the Revised Code is	5785
confidential and not subject to discovery in any civil action.	5786

The board shall conduct all investigations or inspections and	5787
proceedings in a manner that protects the confidentiality of	5788
patients and persons who file complaints with the board. The board	5789
shall not make public the names or any other identifying	5790
information about patients or complainants unless proper consent	5791
is given or, in the case of a patient, a waiver of the patient	5792
privilege exists under division (B) of section 2317.02 of the	5793
Revised Code, except that consent or a waiver of that nature is	5794
not required if the board possesses reliable and substantial	5795
evidence that no bona fide physician-patient relationship exists.	5796

The board may share any information it receives pursuant to	5797
an investigation or inspection, including patient records and	5798
patient record information, with law enforcement agencies, other	5799
licensing boards, and other governmental agencies that are	5800
prosecuting, adjudicating, or investigating alleged violations of	5801
statutes or administrative rules. An agency or board that receives	5802
the information shall comply with the same requirements regarding	5803
confidentiality as those with which the state medical board must	5804
comply, notwithstanding any conflicting provision of the Revised	5805
Code or procedure of the agency or board that applies when it is	5806
dealing with other information in its possession. In a judicial	5807
proceeding, the information may be admitted into evidence only in	5808
accordance with the Rules of Evidence, but the court shall require	5809
that appropriate measures are taken to ensure that confidentiality	5810
is maintained with respect to any part of the information that	5811
contains names or other identifying information about patients or	5812
complainants whose confidentiality was protected by the state	5813
medical board when the information was in the board's possession.	5814
Measures to ensure confidentiality that may be taken by the court	5815
include sealing its records or deleting specific information from	5816
its records.	5817

(6) On a quarterly basis, the board shall prepare a report	5818
that documents the disposition of all cases during the preceding	5819
three months. The report shall contain the following information	5820
for each case with which the board has completed its activities:	5821

(a) The case number assigned to the complaint or alleged	5822
violation;	5823

(b) The type of certificate to practice, if any, held by the	5824
individual against whom the complaint is directed;	5825

(c) A description of the allegations contained in the	5826
complaint;	5827

(d) The disposition of the case.

5828

The report shall state how many cases are still pending and	5829
shall be prepared in a manner that protects the identity of each	5830
person involved in each case. The report shall be a public record	5831
under section 149.43 of the Revised Code.	5832

(G) If the secretary and supervising member determine both of	5833
the following, they may recommend that the board suspend an	5834
individual's certificate to practice without a prior hearing:	5835

(1) That there is clear and convincing evidence that an	5836
individual has violated division (B) of this section;	5837

(2) That the individual's continued practice presents a	5838
danger of immediate and serious harm to the public.	5839

Written allegations shall be prepared for consideration by	5840
the board. The board, upon review of those allegations and by an	5841
affirmative vote of not fewer than six of its members, excluding	5842
the secretary and supervising member, may suspend a certificate	5843
without a prior hearing. A telephone conference call may be	5844
utilized for reviewing the allegations and taking the vote on the	5845
summary suspension.	5846

The board shall issue a written order of suspension by	5847
certified mail or in person in accordance with section 119.07 of	5848
the Revised Code. The order shall not be subject to suspension by	5849
the court during pendency of any appeal filed under section 119.12	5850
of the Revised Code. If the individual subject to the summary	5851
suspension requests an adjudicatory hearing by the board, the date	5852
set for the hearing shall be within fifteen days, but not earlier	5853
than seven days, after the individual requests the hearing, unless	5854
otherwise agreed to by both the board and the individual.	5855

Any summary suspension imposed under this division shall	5856
remain in effect, unless reversed on appeal, until a final	5857
adjudicative order issued by the board pursuant to this section	5858
and Chapter 119. of the Revised Code becomes effective. The board	5859
shall issue its final adjudicative order within seventy-five days	5860
after completion of its hearing. A failure to issue the order	5861
within seventy-five days shall result in dissolution of the	5862
summary suspension order but shall not invalidate any subsequent,	5863
final adjudicative order.	5864

(H) If the board takes action under division (B)(9), (11), or	5865
(13) of this section and the judicial finding of guilt, guilty	5866
plea, or judicial finding of eligibility for intervention in lieu	5867
of conviction is overturned on appeal, upon exhaustion of the	5868
criminal appeal, a petition for reconsideration of the order may	5869
be filed with the board along with appropriate court documents.	5870
Upon receipt of a petition of that nature and supporting court	5871
documents, the board shall reinstate the individual's certificate	5872
to practice. The board may then hold an adjudication under Chapter	5873
119. of the Revised Code to determine whether the individual	5874
committed the act in question. Notice of an opportunity for a	5875
hearing shall be given in accordance with Chapter 119. of the	5876
Revised Code. If the board finds, pursuant to an adjudication held	5877
under this division, that the individual committed the act or if	5878
no hearing is requested, the board may order any of the sanctions	5879
identified under division (B) of this section.	5880

(I) The certificate to practice issued to an individual under	5881
this chapter and the individual's practice in this state are	5882
automatically suspended as of the date of the individual's second	5883
or subsequent plea of guilty to, or judicial finding of guilt of,	5884
a violation of section 2919.123 of the Revised Code, or the date	5885
the individual pleads guilty to, is found by a judge or jury to be	5886
guilty of, or is subject to a judicial finding of eligibility for	5887
intervention in lieu of conviction in this state or treatment or	5888
intervention in lieu of conviction in another jurisdiction for any	5889
of the following criminal offenses in this state or a	5890
substantially equivalent criminal offense in another jurisdiction:	5891
aggravated murder, murder, voluntary manslaughter, felonious	5892
assault, kidnapping, rape, sexual battery, gross sexual	5893
imposition, aggravated arson, aggravated robbery, or aggravated	5894
burglary. Continued practice after suspension shall be considered	5895
practicing without a certificate.	5896

The board shall notify the individual subject to the	5897
suspension by certified mail or in person in accordance with	5898
section 119.07 of the Revised Code. If an individual whose	5899
certificate is automatically suspended under this division fails	5900
to make a timely request for an adjudication under Chapter 119. of	5901
the Revised Code, the board shall do whichever of the following is	5902
applicable:	5903

(1) If the automatic suspension under this division is for a	5904
second or subsequent plea of guilty to, or judicial finding of	5905
guilt of, a violation of section 2919.123 of the Revised Code, the	5906
board shall enter an order suspending the individual's certificate	5907
to practice for a period of at least one year or, if determined	5908
appropriate by the board, imposing a more serious sanction	5909
involving the individual's certificate to practice.	5910

(2) In all circumstances in which division (I)(1) of this	5911
section does not apply, enter a final order permanently revoking	5912
the individual's certificate to practice.	5913

(J) If the board is required by Chapter 119. of the Revised	5914
Code to give notice of an opportunity for a hearing and if the	5915
individual subject to the notice does not timely request a hearing	5916
in accordance with section 119.07 of the Revised Code, the board	5917
is not required to hold a hearing, but may adopt, by an	5918
affirmative vote of not fewer than six of its members, a final	5919
order that contains the board's findings. In that final order, the	5920
board may order any of the sanctions identified under division (A)	5921
or (B) of this section.	5922

(K) Any action taken by the board under division (B) of this	5923
section resulting in a suspension from practice shall be	5924
accompanied by a written statement of the conditions under which	5925
the individual's certificate to practice may be reinstated. The	5926
board shall adopt rules governing conditions to be imposed for	5927
reinstatement. Reinstatement of a certificate suspended pursuant	5928
to division (B) of this section requires an affirmative vote of	5929
not fewer than six members of the board.	5930

(L) When the board refuses to grant a certificate to an	5931
applicant, revokes an individual's certificate to practice,	5932
refuses to register an applicant, or refuses to reinstate an	5933
individual's certificate to practice, the board may specify that	5934
its action is permanent. An individual subject to a permanent	5935
action taken by the board is forever thereafter ineligible to hold	5936
a certificate to practice and the board shall not accept an	5937
application for reinstatement of the certificate or for issuance	5938
of a new certificate.	5939

(M) Notwithstanding any other provision of the Revised Code,	5940
all of the following apply:	5941

(1) The surrender of a certificate issued under this chapter	5942
shall not be effective unless or until accepted by the board. A	5943
telephone conference call may be utilized for acceptance of the	5944
surrender of an individual's certificate to practice. The	5945
telephone conference call shall be considered a special meeting	5946
under division (F) of section 121.22 of the Revised Code.	5947
Reinstatement of a certificate surrendered to the board requires	5948
an affirmative vote of not fewer than six members of the board.	5949

(2) An application for a certificate made under the	5950
provisions of this chapter may not be withdrawn without approval	5951
of the board.	5952

(3) Failure by an individual to renew a certificate of	5953
registration in accordance with this chapter shall not remove or	5954
limit the board's jurisdiction to take any disciplinary action	5955
under this section against the individual.	5956

(4) At the request of the board, a certificate holder shall	5957
immediately surrender to the board a certificate that the board	5958
has suspended, revoked, or permanently revoked.	5959

(N) Sanctions shall not be imposed under division (B)(28) of	5960
this section against any person who waives deductibles and	5961
copayments as follows:	5962

(1) In compliance with the health benefit plan that expressly	5963
allows such a practice. Waiver of the deductibles or copayments	5964
shall be made only with the full knowledge and consent of the plan	5965
purchaser, payer, and third-party administrator. Documentation of	5966
the consent shall be made available to the board upon request.	5967

(2) For professional services rendered to any other person	5968
authorized to practice pursuant to this chapter, to the extent	5969
allowed by this chapter and rules adopted by the board.	5970

(O) Under the board's investigative duties described in this	5971
section and subject to division (F) of this section, the board	5972
shall develop and implement a quality intervention program	5973
designed to improve through remedial education the clinical and	5974
communication skills of individuals authorized under this chapter	5975
to practice medicine and surgery, osteopathic medicine and	5976
surgery, and podiatric medicine and surgery. In developing and	5977
implementing the quality intervention program, the board may do	5978
all of the following:	5979

(1) Offer in appropriate cases as determined by the board an	5980
educational and assessment program pursuant to an investigation	5981
the board conducts under this section;	5982

(2) Select providers of educational and assessment services,	5983
including a quality intervention program panel of case reviewers;	5984

(3) Make referrals to educational and assessment service	5985
providers and approve individual educational programs recommended	5986
by those providers. The board shall monitor the progress of each	5987
individual undertaking a recommended individual educational	5988
program.	5989

(4) Determine what constitutes successful completion of an	5990
individual educational program and require further monitoring of	5991
the individual who completed the program or other action that the	5992
board determines to be appropriate;	5993

(5) Adopt rules in accordance with Chapter 119. of the	5994
Revised Code to further implement the quality intervention	5995
program.	5996

An individual who participates in an individual educational	5997
program pursuant to this division shall pay the financial	5998
obligations arising from that educational program.	5999

Section 4.  That the existing versions of sections 4715.30,	6000
4715.302, 4723.28, 4723.487, 4725.092, 4725.19, 4730.25, 4730.53,	6001
4731.055, and 4731.22 of the Revised Code that are scheduled to	6002
take effect April 1, 2015, are hereby repealed.	6003

Section 5.  Sections 3 and 4 of this act shall take effect	6004
April 1, 2015.	6005

Section 6.  An individual may apply for reinstatement of a	6006
license under division (E) of section 4773.03 of the Revised Code,	6007
as amended by this act, even if the individual had applied prior	6008
to the effective date of this section for a new license pursuant	6009
to paragraph (O) of rule 3701-72-02 of the Administrative Code and	6010
the application was denied. The Department of Health shall accept	6011
and review the individual's application for reinstatement. If the	6012
applicant meets the requirements of division (E) of section	6013
4773.03 of the Revised Code, as amended by this act, the	6014
Department shall reinstate the applicant's license to practice as	6015
a general x-ray machine operator, radiographer, radiation therapy	6016
technologist, or nuclear medicine technologist.	6017

Section 7.  Sections 1 and 2 of this act, except sections	6018
4773.03, 4773.08, 5165.08, 5165.513, 5165.515, and 5165.99 of the	6019
Revised Code, take effect ninety days after the effective date of	6020
this section.	6021

Sections 4773.03, 4773.08, 5165.08, 5165.513, 5165.515, and	6022
5165.99 of the Revised Code, as amended by this act, take effect	6023
January 1, 2015.	6024

Section 6 of this act takes effect January 1, 2015.

6025

Section 8.  The versions of sections 5165.08, 5165.513,	6026
5165.515, and 5165.99 of the Revised Code presented in this act	6027
are the versions of the sections that result from Sections 110.25,	6028
110.26, and 110.27 of Am. Sub. H.B. 59 of the 130th General	6029
Assembly.	6030

Section 9.  The General Assembly, applying the principle	6031
stated in division (B) of section 1.52 of the Revised Code that	6032
amendments are to be harmonized if reasonably capable of	6033
simultaneous operation, finds that the following sections,	6034
presented in this act as composites of the sections as amended by	6035
the acts indicated, are the resulting versions of the sections in	6036
effect prior to the effective date of the sections as presented in	6037
this act:	6038

Section 2925.02 of the Revised Code as amended by both Sub.	6039
H.B. 64 and Am. Sub. H.B. 86 of the 129th General Assembly.	6040

Section 4729.12 of the Revised Code as amended by Am. Sub.	6041
H.B. 341, Am. Sub. H.B. 483, and Am. Sub. H.B. 488, all of the	6042
130th General Assembly.	6043

Section 3701.63 of the Revised Code as amended by both Am.	6044
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly.	6045

Sections 4715.30, 4723.28, 4729.19, 4730.25, and 4731.22 of	6046
the Revised Code as amended by Sub. H.B. 314, Am. Sub. H.B. 341,	6047
and Am. Sub. H.B. 483 all of the 130th General Assembly.	6048

Section 10.  This act is hereby declared to be an emergency	6049
measure necessary for the immediate preservation of the public	6050
peace, health, and safety. The reason for such necessity is to	6051
provide continuity in the operation of nursing facilities in this	6052
state and in the provision of services by radiologic personnel to	6053
the residents of this state. Therefore, this act shall go into	6054
immediate effect.	6055