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 



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
if106

       (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 if122

       (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
if146

       (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 section239
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 care265
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's307
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 analgesic872
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. If2082

       If the board finds that thean applicant's identification2083
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 sectionsections2709
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