As Passed by the House

130th General Assembly Regular Session 2013-2014

Am. Sub. S. B. No. 276

Senators Jones, Tavares 

Cosponsors: Senators Brown, Bacon, Beagle, Burke, Coley, Eklund, Faber, Gentile, Hite, Hughes, Lehner, Manning, Obhof, Oelslager, Patton, Peterson, Sawyer, Schiavoni, Skindell, Smith, Turner, Uecker, Widener 

Representatives Antonio, Sears, Smith, Sprague, Anielski, Baker, Blessing, Brown, Burkley, Carney, Conditt, Dovilla, Duffey, Grossman, Hackett, Hayes, Heard, Johnson, Kunze, Mallory, McGregor, Perales, Phillips, Pillich, Retherford, Rogers, Sheehy, Stinziano, Thompson Speaker Batchelder 

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A BILL

To amend sections 2925.02, 3701.63, 3701.64, 3719.01,

1

3719.061, 4715.14, 4715.30, 4723.28, 4723.481,

2

4723.486, 4725.16, 4725.19, 4729.12, 4729.16,

3

4729.18, 4729.85, 4729.86, 4730.25, 4730.41,

4

4730.48, 4731.22, 4731.281, 4773.03, 4773.08,

5

5165.08, 5165.513, 5165.515, and 5165.99; to enact

6

sections 3701.66, 3701.67, and 3701.68; and to

7

repeal sections 4715.15, 4723.433, 4730.093, and

8

4731.77 of the Revised Code to create the

9

Commission on Infant Mortality and require the

10

establishment of infant safe sleep procedures and

11

policies; to modify the offense of "corrupting

12

another with drugs"; to require the State Board of

13

Pharmacy to prepare semiannual reports on opioid

14

prescriptions; to revise the laws governing the

15

Ohio Automated Rx Reporting System and opioid

16

prescriptions issued for minors; to require under

17

certain conditions the reinstatement of inactive

18

licenses to practice certain radiologic

19

professions; to eliminate requirements regarding

20

patient notice of the limits of Lyme disease

21

testing; to retain certain laws regarding nursing

22

facilities' admission policies and exclusions of

23

parts of nursing facilities from Medicaid provider

24

agreements; to amend the versions of 4715.30,

25

4715.302, 4723.28, 4723.487, 4725.092, 4725.19,

26

4730.25, 4730.53, 4731.055, and 4731.22 of the

27

Revised Code that are scheduled to take effect

28

April 1, 2015, to continue the provisions of this

29

act on and after that effective date; and to

30

declare an emergency.

31

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

Section 1.  That sections 2925.02, 3701.63, 3701.64, 3719.01,	32
3719.061, 4715.14, 4715.30, 4723.28, 4723.481, 4723.486, 4725.16,	33
4725.19, 4729.12, 4729.16, 4729.18, 4729.85, 4729.86, 4730.25,	34
4730.41, 4730.48, 4731.22, 4731.281, 4773.03, 4773.08, 5165.08,	35
5165.513, 5165.515, and 5165.99 be amended and sections 3701.66,	36
3701.67, and 3701.68 of the Revised Code be enacted to read as	37
follows:	38

Sec. 2925.02.  (A) No person shall knowingly do any of the	39
following:	40

(1) By force, threat, or deception, administer to another or	41
induce or cause another to use a controlled substance;	42

(2) By any means, administer or furnish to another or induce	43
or cause another to use a controlled substance with purpose to	44
cause serious physical harm to the other person, or with purpose	45
to cause the other person to become drug dependent;	46

(3) By any means, administer or furnish to another or induce	47
or cause another to use a controlled substance, and thereby cause	48
serious physical harm to the other person, or cause the other	49
person to become drug dependent;	50

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

51

(a) Furnish or administer a controlled substance to a	52
juvenile who is at least two years the offender's junior, when the	53
offender knows the age of the juvenile or is reckless in that	54
regard;	55

(b) Induce or cause a juvenile who is at least two years the	56
offender's junior to use a controlled substance, when the offender	57
knows the age of the juvenile or is reckless in that regard;	58

(c) Induce or cause a juvenile who is at least two years the	59
offender's junior to commit a felony drug abuse offense, when the	60
offender knows the age of the juvenile or is reckless in that	61
regard;	62

(d) Use a juvenile, whether or not the offender knows the age	63
of the juvenile, to perform any surveillance activity that is	64
intended to prevent the detection of the offender or any other	65
person in the commission of a felony drug abuse offense or to	66
prevent the arrest of the offender or any other person for the	67
commission of a felony drug abuse offense.	68

(5) By any means, furnish or administer a controlled	69
substance to a pregnant woman or induce or cause a pregnant woman	70
to use a controlled substance, when the offender knows that the	71
woman is pregnant or is reckless in that regard.	72

(B) Division (A)(1), (3), or (4), or (5) of this section does	73
not apply to manufacturers, wholesalers, licensed health	74
professionals authorized to prescribe drugs, pharmacists, owners	75
of pharmacies, and other persons whose conduct is in accordance	76
with Chapters 3719., 4715., 4723., 4729., 4730., 4731., and 4741.	77
of the Revised Code.	78

(C) Whoever violates this section is guilty of corrupting	79
another with drugs. The penalty for the offense shall be	80
determined as follows:	81

(1) Except as otherwise provided in this division, ifIf the	82
offense is a violation of division (A)(1), (2), (3), or (4) of	83
this section and the drug involved is any compound, mixture,	84
preparation, or substance included in schedule I or II, with the	85
exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	86
1-Butyl-3-(1-naphthoyl)indole,	87
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	88
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	89
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, the	90
offender shall be punished as follows:	91

(a) Except as otherwise provided in division (C)(1)(b) of	92
this section, corrupting another with drugs committed in those	93
circumstances is a felony of the second degree, and, subject to	94
division (E) of this section, the court shall impose as a	95
mandatory prison term one of the prison terms prescribed for a	96
felony of the second degree. If the drug involved is any compound,	97
mixture, preparation, or substance included in schedule I or II,	98
with the exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	99
1-Butyl-3-(1-naphthoyl)indole,	100
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	101
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	102
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	103
if	104

(b) If the offense was committed in the vicinity of a school,	105
corrupting another with drugs committed in those circumstances is	106
a felony of the first degree, and, subject to division (E) of this	107
section, the court shall impose as a mandatory prison term one of	108
the prison terms prescribed for a felony of the first degree.	109

(2) Except as otherwise provided in this division, ifIf the	110
offense is a violation of division (A)(1), (2), (3), or (4) of	111
this section and the drug involved is any compound, mixture,	112
preparation, or substance included in schedule III, IV, or V, the	113
offender shall be punished as follows:	114

(a) Except as otherwise provided in division (C)(2)(b) of	115
this section, corrupting another with drugs committed in those	116
circumstances is a felony of the second degree, and there is a	117
presumption for a prison term for the offense. If the drug	118
involved is any compound, mixture, preparation, or substance	119
included in schedule III, IV, or V and if	120

(b) If the offense was committed in the vicinity of a school,	121
corrupting another with drugs committed in those circumstances is	122
a felony of the second degree, and the court shall impose as a	123
mandatory prison term one of the prison terms prescribed for a	124
felony of the second degree.	125

(3) Except as otherwise provided in this division, ifIf the	126
offense is a violation of division (A)(1), (2), (3), or (4) of	127
this section and the drug involved is marihuana,	128
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	129
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	130
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	131
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, the	132
offender shall be punished as follows:	133

(a) Except as otherwise provided in division (C)(3)(b) of	134
this section, corrupting another with drugs committed in those	135
circumstances is a felony of the fourth degree, and division (C)	136
of section 2929.13 of the Revised Code applies in determining	137
whether to impose a prison term on the offender. If the drug	138
involved is marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	139
1-Butyl-3-(1-naphthoyl)indole,	140
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	141
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	142
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	143
if	144

(b) If the offense was committed in the vicinity of a school,	145
corrupting another with drugs committed in those circumstances is	146
a felony of the third degree, and division (C) of section 2929.13	147
of the Revised Code applies in determining whether to impose a	148
prison term on the offender.	149

(4) If the offense is a violation of division (A)(5) of this	150
section and the drug involved is any compound, mixture,	151
preparation, or substance included in schedule I or II, with the	152
exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	153
1-Butyl-3-(1-naphthoyl)indole,	154
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	155
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	156
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	157
corrupting another with drugs is a felony of the first degree and,	158
subject to division (E) of this section, the court shall impose as	159
a mandatory prison term one of the prison terms prescribed for a	160
felony of the first degree.	161

(5) If the offense is a violation of division (A)(5) of this	162
section and the drug involved is any compound, mixture,	163
preparation, or substance included in schedule III, IV, or V,	164
corrupting another with drugs is a felony of the second degree and	165
the court shall impose as a mandatory prison term one of the	166
prison terms prescribed for a felony of the second degree.	167

(6) If the offense is a violation of division (A)(5) of this	168
section and the drug involved is marihuana,	169
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	170
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	171
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	172
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	173
corrupting another with drugs is a felony of the third degree and	174
division (C) of section 2929.13 of the Revised Code applies in	175
determining whether to impose a prison term on the offender.	176

(D) In addition to any prison term authorized or required by	177
division (C) or (E) of this section and sections 2929.13 and	178
2929.14 of the Revised Code and in addition to any other sanction	179
imposed for the offense under this section or sections 2929.11 to	180
2929.18 of the Revised Code, the court that sentences an offender	181
who is convicted of or pleads guilty to a violation of division	182
(A) of this section or the clerk of that court shall do all of the	183
following that are applicable regarding the offender:	184

(1)(a) If the violation is a felony of the first, second, or	185
third degree, the court shall impose upon the offender the	186
mandatory fine specified for the offense under division (B)(1) of	187
section 2929.18 of the Revised Code unless, as specified in that	188
division, the court determines that the offender is indigent.	189

(b) Notwithstanding any contrary provision of section 3719.21	190
of the Revised Code, any mandatory fine imposed pursuant to	191
division (D)(1)(a) of this section and any fine imposed for a	192
violation of this section pursuant to division (A) of section	193
2929.18 of the Revised Code shall be paid by the clerk of the	194
court in accordance with and subject to the requirements of, and	195
shall be used as specified in, division (F) of section 2925.03 of	196
the Revised Code.	197

(c) If a person is charged with any violation of this section	198
that is a felony of the first, second, or third degree, posts	199
bail, and forfeits the bail, the forfeited bail shall be paid by	200
the clerk of the court pursuant to division (D)(1)(b) of this	201
section as if it were a fine imposed for a violation of this	202
section.	203

(2) The court shall suspend for not less than six months nor	204
more than five years the offender's driver's or commercial	205
driver's license or permit. If an offender's driver's or	206
commercial driver's license or permit is suspended pursuant to	207
this division, the offender, at any time after the expiration of	208
two years from the day on which the offender's sentence was	209
imposed or from the day on which the offender finally was released	210
from a prison term under the sentence, whichever is later, may	211
file a motion with the sentencing court requesting termination of	212
the suspension. Upon the filing of the motion and the court's	213
finding of good cause for the termination, the court may terminate	214
the suspension.	215

(3) If the offender is a professionally licensed person, in	216
addition to any other sanction imposed for a violation of this	217
section, the court immediately shall comply with section 2925.38	218
of the Revised Code.	219

(E) Notwithstanding the prison term otherwise authorized or	220
required for the offense under division (C) of this section and	221
sections 2929.13 and 2929.14 of the Revised Code, if the violation	222
of division (A) of this section involves the sale, offer to sell,	223
or possession of a schedule I or II controlled substance, with the	224
exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	225
1-Butyl-3-(1-naphthoyl)indole,	226
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	227
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	228
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	229
if the court imposing sentence upon the offender finds that the	230
offender as a result of the violation is a major drug offender and	231
is guilty of a specification of the type described in section	232
2941.1410 of the Revised Code, the court, in lieu of the prison	233
term that otherwise is authorized or required, shall impose upon	234
the offender the mandatory prison term specified in division	235
(B)(3)(a) of section 2929.14 of the Revised Code.	236

Sec. 3701.63. (A) As used in this section and section	237
sections 3701.64, 3701.66, and 3701.67 of the Revised Code:	238

(1) "Child day-care center," "type A family day-care home,"	239
and "licensed type B family day-care home" have the same meanings	240
as in section 5104.01 of the Revised Code.	241

(2) "Child care facility" means a child day-care center, a	242
type A family day-care home, or a licensed type B family day-care	243
home.	244

(3) "Foster caregiver" has the same meaning as in section	245
5103.02 of the Revised Code.	246

(4) "Freestanding birthing center" has the same meaning as in	247
section 3702.141 of the Revised Code.	248

(4)(5) "Hospital" means a hospital classified pursuant to	249
rules adopted under section 3701.07 of the Revised Code as a	250
general hospital or children's hospital and to which either of the	251
following applies:	252

(a) The hospital has a maternity unit.

253

(b) The hospital receives for care infants who have been	254
transferred to it from other facilities and who have never been	255
discharged to their residences following birth.	256

(5)(6) "Infant" means a child who is less than one year of	257
age.	258

(7) "Maternity unit" means any unit or place inthe distinct	259
portion of a hospital where women are regularly received and	260
provided care during all or part of the maternity cycle, except	261
that "maternity unit" does not include an emergency department or	262
similar place dedicated to providing emergency health care	263
licensed as a maternity unit under Chapter 3711. of the Revised	264
Code.	265

(6)(8) "Other person responsible for the infant" includes a	266
foster caregiver.	267

(9) "Parent" means either parent, unless the parents are	268
separated or divorced or their marriage has been dissolved or	269
annulled, in which case "parent" means the parent who is the	270
residential parent and legal custodian of the child. "Parent" also	271
means a prospective adoptive parent with whom a child is placed.	272

(7)(10) "Shaken baby syndrome" means signs and symptoms,	273
including, but not limited to, retinal hemorrhages in one or both	274
eyes, subdural hematoma, or brain swelling, resulting from the	275
violent shaking or the shaking and impacting of the head of an	276
infant or small child.	277

(B) The director of health shall establish the shaken baby	278
syndrome education program by doing all of the following:	279

(1) By not later than one year after February 29, 2008,	280
developingDeveloping educational materials that present readily	281
comprehendible information on shaken baby syndrome;	282

(2) Making available on the department of health web site in	283
an easily accessible format the educational materials developed	284
under division (B)(1) of this section;	285

(3) Beginning in 2009, annuallyAnnually assessing the	286
effectiveness of the shaken baby syndrome education program by	287
evaluating the reports received pursuant to section 5101.135 of	288
the Revised Code.	289

(C) In meeting the requirements under division (B) of this	290
section, the director shall not develop educational materials that	291
will impose an, to the extent possible, minimize administrative or	292
financial burdenburdens on any of the entities or persons listed	293
in section 3701.64 of the Revised Code.	294

Sec. 3701.64.  (A) A copy of the shaken baby syndrome	295
educational materials developed under section 3701.63 of the	296
Revised Code shall be distributed in the following manner:	297

(1) By child birth educators and the staff of pediatric	298
physicians' offices and obstetriciansobstetricians' offices, to	299
an expectant parent who uses their services;	300

(2) By the staff of pediatric physicians' offices, to any of	301
the following who use their services: an infant's parent,	302
guardian, or other person responsible for the infant;	303

(3) By the staff of a hospital or freestanding birthing	304
center in which a child is born, to the child'san infant's	305
parent, guardian, or other person responsible for the infant,	306
before the child is discharged from the facility to the infant's	307
residence following birth;	308

(3)(4) By the staff of the "help me grow" program established	309
pursuant to section 3701.61 of the Revised Code, to the child'san	310
infant's parent, guardian, or other person responsible for the	311
infant, during home-visiting services conducted in accordance with	312
that section;	313

(4)(5) By each child care facility operating in this state,	314
to each of its employees;	315

(6) By a public children services agency, when the agency has	316
initial contact with an infant's parent, guardian, or other person	317
responsible for the infant.	318

(B) EachAn entity andor person required to distribute	319
educational materials pursuant to division (A) of this section is	320
immune from anynot liable for damages in a civil and criminal	321
liabilityaction for injury, death, or loss to person or property	322
resultingthat allegedly arises from an act or omission associated	323
with the dissemination of, or failure to disseminate, those	324
educational materials unless the act or omission constitutes	325
willful or wanton misconduct.	326

An entity or person required to distribute educational	327
materials in accordance with division (A) of this section is not	328
subject to criminal prosecution or, to the extent that a person is	329
regulated under Title XLVII of the Revised Code, professional	330
disciplinary action under that title, for an act or omission	331
associated with the dissemination of those educational materials.	332

This division does not eliminate, limit, or reduce any other	333
immunity or defense that an entity or person may be entitled to	334
under Chapter 2744. of the Revised Code, or any other provision of	335
the Revised Code, or the common law of this state.	336

Sec. 3701.66.  (A) As used in this section, "sudden	337
unexpected infant death" means the death of an infant that occurs	338
suddenly and unexpectedly, the cause of which is not immediately	339
obvious prior to investigation.	340

(B) The department of health shall establish the safe sleep	341
education program by doing all of the following:	342

(1) By not later than sixty days after the effective date of	343
this section, developing educational materials that present	344
readily comprehendible information on safe sleeping practices for	345
infants and possible causes of sudden unexpected infant death;	346

(2) Making available on the department's internet web site in	347
an easily accessible format the educational materials developed	348
under division (B)(1) of this section;	349

(3) Beginning in 2015, annually assessing the effectiveness	350
of the safe sleep education program by evaluating the reports	351
submitted by child fatality review boards to the department	352
pursuant to section 307.626 of the Revised Code.	353

(C) In meeting the requirements under division (B) of this	354
section, the department shall develop educational materials that,	355
to the extent possible, minimize administrative or financial	356
burdens on any of the entities or persons required by division (D)	357
of this section to distribute the materials.	358

(D) A copy of the safe sleep educational materials developed	359
under this section shall be distributed by entities and persons	360
with and in the same manner as the shaken baby syndrome	361
educational materials are distributed pursuant to section 3701.64	362
of the Revised Code.	363

An entity or person required to distribute the educational	364
materials is not liable for damages in a civil action for injury,	365
death, or loss to person or property that allegedly arises from an	366
act or omission associated with the dissemination of those	367
educational materials unless the act or omission constitutes	368
willful or wanton misconduct.	369

An entity or person required to distribute the educational	370
materials is not subject to criminal prosecution or, to the extent	371
that a person is regulated under Title XLVII of the Revised Code,	372
professional disciplinary action under that title, for an act or	373
omission associated with the dissemination of those educational	374
materials.	375

This division does not eliminate, limit, or reduce any other	376
immunity or defense that an entity or person may be entitled to	377
under Chapter 2744. of the Revised Code, or any other provision of	378
the Revised Code, or the common law of this state.	379

(E) Each entity or person that is required to distribute the	380
educational materials and has infants regularly sleeping at a	381
facility or location under the entity's or person's control shall	382
adopt an internal infant safe sleep policy. The policy shall	383
specify when and to whom educational materials on infant safe	384
sleep practices are to be delivered to individuals working or	385
volunteering at the facility or location and be consistent with	386
the model internal infant safe sleep policy adopted under division	387
(F) of this section.	388

(F) The director of health shall adopt a model internal	389
infant safe sleep policy for use by entities and persons that must	390
comply with division (E) of this section. The policy shall specify	391
safe infant sleep practices, include images depicting safe infant	392
sleep practices, and specify sample content for an infant safe	393
sleep education program that entities and persons may use when	394
conducting new staff orientation programs.	395

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

396

(1) "Contractor" means a person who provides personal	397
services pursuant to a contract.	398

(2) "Critical access hospital" means a facility designated as	399
a critical access hospital by the director of health under section	400
3701.073 of the Revised Code.	401

(3) "Crib" includes a portable play yard or other suitable	402
sleeping place.	403

(B) Each hospital and freestanding birthing center shall	404
implement an infant safe sleep screening procedure. The purpose of	405
the procedure is to determine whether there will be a safe crib	406
for an infant to sleep in once the infant is discharged from the	407
facility to the infant's residence following birth. The procedure	408
shall consist of questions that facility staff or volunteers must	409
ask the infant's parent, guardian, or other person responsible for	410
the infant regarding the infant's intended sleeping place and	411
environment.	412

The director of health shall develop questions that	413
facilities may use when implementing the infant safe sleep	414
screening procedure required by this division. The director may	415
consult with persons and government entities that have expertise	416
in infant safe sleep practices when developing the questions.	417

(C) If, prior to an infant's discharge from a facility to the	418
infant's residence following birth, a facility other than a	419
critical access hospital or a facility identified under division	420
(D) of this section determines through the procedure implemented	421
under division (B) of this section that the infant is unlikely to	422
have a safe crib at the infant's residence, the facility shall	423
make a good faith effort to arrange for the parent, guardian, or	424
other person responsible for the infant to obtain a safe crib at	425
no charge to that individual. In meeting this requirement, the	426
facility may do any of the following:	427

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

428

(2) Collaborate with or obtain assistance from persons or	429
government entities that are able to procure a safe crib or	430
provide money to purchase a safe crib;	431

(3) Refer the parent, guardian, or other person responsible	432
for the infant to a person or government entity described in	433
division (C)(2) of this section to obtain a safe crib free of	434
charge from that source;	435

(4) If funds are available for the cribs for kids program or	436
a successor program administered by the department of health,	437
refer the parent, guardian, or other person responsible for the	438
infant to a site, designated by the department for purposes of the	439
program, at which a safe crib may be obtained at no charge.	440

(D) The director of health shall identify the facilities in	441
this state that are not critical access hospitals and are not	442
served by a site described in division (C)(4) of this section. The	443
director shall identify not less than annually the facilities that	444
meet both criteria and notify those that do so.	445

(E) When a facility that is a hospital registers with the	446
department of health under section 3701.07 of the Revised Code or	447
a facility that is a freestanding birthing center renews its	448
license in accordance with rules adopted under section 3702.30 of	449
the Revised Code, the facility shall report the following	450
information to the department in a manner the department	451
prescribes:	452

(1) The number of safe cribs that the facility obtained and	453
distributed by using its own resources as described in division	454
(C)(1) of this section since the last time the facility reported	455
this information to the department;	456

(2) The number of safe cribs that the facility obtained and	457
distributed by collaborating with or obtaining assistance from	458
another person or government entity as described in division	459
(C)(2) of this section since the last time the facility reported	460
this information to the department;	461

(3) The number of referrals that the facility made to a	462
person or government entity as described in division (C)(3) of	463
this section since the last time the facility reported this	464
information to the department;	465

(4) The number of referrals that the facility made to a site	466
designated by the department as described in division (C)(4) of	467
this section since the last time the facility reported this	468
information to the department;	469

(5) Demographic information specified by the director of	470
health regarding the individuals to whom safe cribs were	471
distributed as described in division (E)(1) or (2) of this section	472
or for whom a referral described in division (E)(3) or (4) of this	473
section was made;	474

(6) In the case of a critical access hospital or a facility	475
identified under division (D) of this section, demographic	476
information specified by the director of health regarding each	477
parent, guardian, or other person responsible for the infant	478
determined to be unlikely to have a safe crib at the infant's	479
residence pursuant to the procedure implemented under division (B)	480
of this section;	481

(7) Any other information collected by the facility regarding	482
infant sleep environments and intended infant sleep environments	483
that the director determines to be appropriate.	484

(F) Not later than July 1 of each year beginning in 2015, the	485
director of health shall prepare a written report that summarizes	486
the information collected under division (E) of this section for	487
the preceding twelve months and provides any other information the	488
director considers appropriate for inclusion in the report. On	489
completion, the report shall be submitted to the governor and, in	490
accordance with section 101.68 of the Revised Code, the general	491
assembly.	492

(G) A facility, and any employee, contractor, or volunteer of	493
a facility, that implements an infant safe sleep procedure in	494
accordance with division (B) of this section is not liable for	495
damages in a civil action for injury, death, or loss to person or	496
property that allegedly arises from an act or omission associated	497
with implementation of the procedure, unless the act or omission	498
constitutes willful or wanton misconduct.	499

A facility, and any employee, contractor, or volunteer of a	500
facility, that implements an infant safe sleep screening procedure	501
in accordance with division (B) of this section is not subject to	502
criminal prosecution or, to the extent that a person is regulated	503
under Title XLVII of the Revised Code, professional disciplinary	504
action under that title, for an act or omission associated with	505
implementation of the procedure.	506

This division does not eliminate, limit, or reduce any other	507
immunity or defense that a facility, or an employee, contractor,	508
or volunteer of a facility, may be entitled to under Chapter 2744.	509
of the Revised Code, or any other provision of the Revised Code,	510
or the common law of this state.	511

(H) A facility, and any employee, contractor, or volunteer of	512
a facility, is neither liable for damages in a civil action, nor	513
subject to criminal prosecution, for injury, death, or loss to	514
person or property that allegedly arises from a crib obtained by a	515
parent, guardian, or other person responsible for the infant as a	516
result of any action the facility, employee, contractor, or	517
volunteer takes to comply with division (C) of this section.	518

The immunity provided by this division does not require	519
compliance with division (D) of section 2305.37 of the Revised	520
Code.	521

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

522

(1) "Academic medical center" means a medical school and its	523
affiliated teaching hospitals.	524

(2) "State registrar" has the same meaning as in section	525
3705.01 of the Revised Code.	526

(B) There is hereby created the commission on infant	527
mortality. The commission shall do all of the following:	528

(1) Conduct a complete inventory of services provided or	529
administered by the state that are available to address the infant	530
mortality rate in this state;	531

(2) For each service identified under division (B)(1) of this	532
section, determine both of the following:	533

(a) The sources of the funds that are used to pay for the	534
service;	535

(b) Whether the service and its funding sources have a	536
connection with programs provided or administered by local or	537
community-based public or private entities and, to the extent they	538
do not, whether they should.	539

(3) With assistance from academic medical centers, track and	540
analyze infant mortality rates by county for the purpose of	541
determining the impact of state and local initiatives to reduce	542
those rates.	543

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

544

(1) Two members of the senate, one from the majority party	545
and one from the minority party, each appointed by the senate	546
president;	547

(2) Two members of the house of representatives, one from the	548
majority party and one from the minority party, each appointed by	549
the speaker of the house of representatives;	550

(3) The executive director of the office of health	551
transformation or the executive director's designee;	552

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

553

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

554

(6) The executive director of the commission on minority	555
health or the executive director's designee;	556

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

557

(8) A health commissioner of a city or general health	558
district, appointed by the governor;	559

(9) A coroner, deputy coroner, or other person who conducts	560
death scene investigations, appointed by the governor;	561

(10) An individual who represents the Ohio hospital	562
association, appointed by the association's president;	563

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

(12) Two individuals who represent community-based programs	566
that serve pregnant women or new mothers whose infants tend to be	567
at a higher risk for infant mortality, appointed by the governor.	568

(D) The commission members described in divisions (C)(1),	569
(2), (8), (9), (10), (11), and (12) of this section shall be	570
appointed not later than thirty days after the effective date of	571
this section. An appointed member shall hold office until a	572
successor is appointed. A vacancy shall be filled in the same	573
manner as the original appointment.	574

From among the members, the president of the senate and	575
speaker of the house of representatives shall appoint two to serve	576
as co-chairpersons of the commission.	577

A member shall serve without compensation except to the	578
extent that serving on the commission is considered part of the	579
member's regular duties of employment.	580

(E) The commission may request assistance from the staff of	581
the legislative service commission.	582

(F) For purposes of division (B)(3) of this section, the	583
state registrar shall ensure that the commission and academic	584
medical centers located in this state have access to any	585
electronic system of vital records the state registrar or	586
department of health maintains, including the Ohio public health	587
information warehouse. Not later than six months after the	588
effective date of this section, the commission on infant mortality	589
shall prepare a written report of its findings and recommendations	590
concerning the matters described in division (B) of this section.	591
On completion, the commission shall submit the report to the	592
governor and, in accordance with section 101.68 of the Revised	593
Code, the general assembly.	594

(G) The president of the senate and speaker of the house of	595
representatives shall determine the responsibilities of the	596
commission following submission of the report under division (F)	597
of this section.	598

(H) The commission is not subject to sections 101.82 to	599
101.87 of the Revised Code.	600

Sec. 3719.01.  As used in this chapter:

601

(A) "Administer" means the direct application of a drug,	602
whether by injection, inhalation, ingestion, or any other means to	603
a person or an animal.	604

(B) "Drug enforcement administration" means the drug	605
enforcement administration of the United States department of	606
justice or its successor agency.	607

(C) "Controlled substance" means a drug, compound, mixture,	608
preparation, or substance included in schedule I, II, III, IV, or	609
V.	610

(D) "Dangerous drug" has the same meaning as in section	611
4729.01 of the Revised Code.	612

(E) "Dispense" means to sell, leave with, give away, dispose	613
of, or deliver.	614

(F) "Distribute" means to deal in, ship, transport, or	615
deliver but does not include administering or dispensing a drug.	616

(G) "Drug" has the same meaning as in section 4729.01 of the	617
Revised Code.	618

(H) "Drug abuse offense," "felony drug abuse offense,"	619
"cocaine," and "hashish" have the same meanings as in section	620
2925.01 of the Revised Code.	621

(I) "Federal drug abuse control laws" means the	622
"Comprehensive Drug Abuse Prevention and Control Act of 1970," 84	623
Stat. 1242, 21 U.S.C. 801, as amended.	624

(J) "Hospital" means an institution for the care and	625
treatment of the sick and injured that is certified by the	626
department of health and approved by the state board of pharmacy	627
as proper to be entrusted with the custody of controlled	628
substances and the professional use of controlled substances.	629

(K) "Hypodermic" means a hypodermic syringe or needle, or	630
other instrument or device for the injection of medication.	631

(L) "Isomer," except as otherwise expressly stated, means the	632
optical isomer.	633

(M) "Laboratory" means a laboratory approved by the state	634
board of pharmacy as proper to be entrusted with the custody of	635
controlled substances and the use of controlled substances for	636
scientific and clinical purposes and for purposes of instruction.	637

(N) "Manufacturer" means a person who manufactures a	638
controlled substance, as "manufacture" is defined in section	639
3715.01 of the Revised Code.	640

(O) "Marihuana" means all parts of a plant of the genus	641
cannabis, whether growing or not; the seeds of a plant of that	642
type; the resin extracted from a part of a plant of that type; and	643
every compound, manufacture, salt, derivative, mixture, or	644
preparation of a plant of that type or of its seeds or resin.	645
"Marihuana" does not include the mature stalks of the plant, fiber	646
produced from the stalks, oils or cake made from the seeds of the	647
plant, or any other compound, manufacture, salt, derivative,	648
mixture, or preparation of the mature stalks, except the resin	649
extracted from the mature stalks, fiber, oil or cake, or the	650
sterilized seed of the plant that is incapable of germination.	651

(P) "Narcotic drugs" means coca leaves, opium, isonipecaine,	652
amidone, isoamidone, ketobemidone, as defined in this division,	653
and every substance not chemically distinguished from them and	654
every drug, other than cannabis, that may be included in the	655
meaning of "narcotic drug" under the federal drug abuse control	656
laws. As used in this division:	657

(1) "Coca leaves" includes cocaine and any compound,	658
manufacture, salt, derivative, mixture, or preparation of coca	659
leaves, except derivatives of coca leaves, that does not contain	660
cocaine, ecgonine, or substances from which cocaine or ecgonine	661
may be synthesized or made.	662

(2) "Isonipecaine" means any substance identified chemically	663
as 1-methyl-4-phenyl-piperidine-4-carboxylic acid ethyl ester, or	664
any salt thereof, by whatever trade name designated.	665

(3) "Amidone" means any substance identified chemically as	666
4-4-diphenyl-6-dimethylamino-heptanone-3, or any salt thereof, by	667
whatever trade name designated.	668

(4) "Isoamidone" means any substance identified chemically as	669
4-4-diphenyl-5-methyl-6-dimethylaminohexanone-3, or any salt	670
thereof, by whatever trade name designated.	671

(5) "Ketobemidone" means any substance identified chemically	672
as 4-(3-hydroxyphenyl)-1-methyl-4-piperidyl ethyl ketone	673
hydrochloride, or any salt thereof, by whatever trade name	674
designated.	675

(Q) "Official written order" means an order written on a form	676
provided for that purpose by the director of the United States	677
drug enforcement administration, under any laws of the United	678
States making provision for the order, if the order forms are	679
authorized and required by federal law.	680

(R) "Opiate" means any substance having an addiction-forming	681
or addiction-sustaining liability similar to morphine or being	682
capable of conversion into a drug having addiction-forming or	683
addiction-sustaining liability. "Opiate" does not include, unless	684
specifically designated as controlled under section 3719.41 of the	685
Revised Code, the dextrorotatory isomer of	686
3-methoxy-N-methylmorphinan and its salts (dextro-methorphan).	687
"Opiate" does include its racemic and levoratory forms.	688

(S) "Opium poppy" means the plant of the species papaver	689
somniferum L., except its seeds.	690

(T) "Person" means any individual, corporation, government,	691
governmental subdivision or agency, business trust, estate, trust,	692
partnership, association, or other legal entity.	693

(U) "Pharmacist" means a person licensed under Chapter 4729.	694
of the Revised Code to engage in the practice of pharmacy.	695

(V) "Pharmacy" has the same meaning as in section 4729.01 of	696
the Revised Code.	697

(W) "Poison" means any drug, chemical, or preparation likely	698
to be deleterious or destructive to adult human life in quantities	699
of four grams or less.	700

(X) "Poppy straw" means all parts, except the seeds, of the	701
opium poppy, after mowing.	702

(Y) "Licensed health professional authorized to prescribe	703
drugs," "prescriber," and "prescription" have the same meanings as	704
in section 4729.01 of the Revised Code.	705

(Z) "Registry number" means the number assigned to each	706
person registered under the federal drug abuse control laws.	707

(AA) "Sale" includes delivery, barter, exchange, transfer, or	708
gift, or offer thereof, and each transaction of those natures made	709
by any person, whether as principal, proprietor, agent, servant,	710
or employee.	711

(BB) "Schedule I," "schedule II," "schedule III," "schedule	712
IV," and "schedule V" mean controlled substance schedules I, II,	713
III, IV, and V, respectively, established pursuant to section	714
3719.41 of the Revised Code, as amended pursuant to section	715
3719.43 or 3719.44 of the Revised Code.	716

(CC) "Wholesaler" means a person who, on official written	717
orders other than prescriptions, supplies controlled substances	718
that the person has not manufactured, produced, or prepared	719
personally and includes a "wholesale distributor of dangerous	720
drugs" as defined in section 4729.01 of the Revised Code.	721

(DD) "Animal shelter" means a facility operated by a humane	722
society or any society organized under Chapter 1717. of the	723
Revised Code or a dog pound operated pursuant to Chapter 955. of	724
the Revised Code.	725

(EE) "Terminal distributor of dangerous drugs" has the same	726
meaning as in section 4729.01 of the Revised Code.	727

(FF) "Category III license" means a license issued to a	728
terminal distributor of dangerous drugs as set forth in section	729
4729.54 of the Revised Code.	730

(GG) "Prosecutor" has the same meaning as in section 2935.01	731
of the Revised Code.	732

(HH)(1) "Controlled substance analog" means, except as	733
provided in division (HH)(2) of this section, a substance to which	734
both of the following apply:	735

(a) The chemical structure of the substance is substantially	736
similar to the structure of a controlled substance in schedule I	737
or II.	738

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

739

(i) The substance has a stimulant, depressant, or	740
hallucinogenic effect on the central nervous system that is	741
substantially similar to or greater than the stimulant,	742
depressant, or hallucinogenic effect on the central nervous system	743
of a controlled substance in schedule I or II.	744

(ii) With respect to a particular person, that person	745
represents or intends the substance to have a stimulant,	746
depressant, or hallucinogenic effect on the central nervous system	747
that is substantially similar to or greater than the stimulant,	748
depressant, or hallucinogenic effect on the central nervous system	749
of a controlled substance in schedule I or II.	750

(2) "Controlled substance analog" does not include any of the	751
following:	752

(a) A controlled substance;

753

(b) Any substance for which there is an approved new drug	754
application;	755

(c) With respect to a particular person, any substance if an	756
exemption is in effect for investigational use for that person	757
pursuant to federal law to the extent that conduct with respect to	758
that substance is pursuant to that exemption;	759

(d) Any substance to the extent it is not intended for human	760
consumption before the exemption described in division (HH)(2)(b)	761
of this section takes effect with respect to that substance.	762

(II) "Benzodiazepine" means a controlled substance that has	763
United States food and drug administration approved labeling	764
indicating that it is a benzodiazepine, benzodiazepine derivative,	765
triazolobenzodiazepine, or triazolobenzodiazepine derivative,	766
including the following drugs and their varying salt forms or	767
chemical congeners: alprazolam, chlordiazepoxide hydrochloride,	768
clobazam, clonazepam, clorazepate, diazepam, estazolam, flurazepam	769
hydrochloride, lorazepam, midazolam, oxazepam, quazepam,	770
temazepam, and triazolam.	771

(JJ) "Opioid analgesic" means a controlled substance that has	772
analgesic pharmacologic activity at the opioid receptors of the	773
central nervous system, including the following drugs and their	774
varying salt forms or chemical congeners: buprenorphine,	775
butorphanol, codeine (including acetaminophen and other	776
combination products), dihydrocodeine, fentanyl, hydrocodone	777
(including acetaminophen combination products), hydromorphone,	778
meperidine, methadone, morphine sulfate, oxycodone (including	779
acetaminophen, aspirin, and other combination products),	780
oxymorphone, tapentadol, and tramadol.	781

(KK) "Emergency facility" means a hospital emergency	782
department or any other facility that provides emergency care.	783

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

784

(a) "Another adult authorized to consent to the minor's	785
medical treatment" means an adult to whom a minor's parent or	786
guardian has given written authorization to consent to the minor's	787
medical treatment.	788

(b) "Medical emergency" means a situation that in a	789
prescriber's good faith medical judgment creates an immediate	790
threat of serious risk to the life or physical health of a minor.	791

(c) "Minor" means an individual under eighteen years of age	792
who is not emancipated.	793

(2) For purposes of this section, an individual under	794
eighteen years of age is emancipated only if the individual has	795
married, has entered the armed services of the United States,	796
becamehas become employed and self-sustaining, or has otherwise	797
has become independent from the care and control of the	798
individual's parent, guardian, or custodian.	799

(B) Except as provided in division (C) of this section,	800
before issuing for a minor the first prescription in a single	801
course of treatment for a particular compound that is a controlled	802
substance containing an opioid analgesic, regardless of whether	803
the dosage is modified during that course of treatment, a	804
prescriber shall do all of the following:	805

(1) As part of the prescriber's examination of the minor,	806
assess whether the minor has ever suffered, or is currently	807
suffering, from mental health or substance abuse disorders and	808
whether the minor has taken or is currently taking prescription	809
drugs for treatment of those disorders;	810

(2) Discuss with the minor and the minor's parent, guardian,	811
or another adult authorized to consent to the minor's medical	812
treatment all of the following:	813

(a) The risks of addiction and overdose associated with the	814
compoundopioid analgesics;	815

(b) The increased risk of addiction to controlled substances	816
of individuals suffering from both mental and substance abuse	817
disorders;	818

(c) The dangers of taking controlled substances containing	819
opioidsopioid analgesics with benzodiazepines, alcohol, or other	820
central nervous system depressants;	821

(d) Any other information in the patient counseling	822
information section of the labeling for the compoundopioid	823
analgesic required under 21 C.F.R. 201.57(c)(18).	824

(3) Obtain written consent for the prescription from the	825
minor's parent, guardian, or, subject to division (E) of this	826
section, another adult authorized to consent to the minor's	827
medical treatment.	828

The prescriber shall record the consent on a form, which	829
shall be known as the "Start Talking!" consent form. The form	830
shall be separate from any other document the prescriber uses to	831
obtain informed consent for other treatment provided to the minor.	832
The form shall contain all of the following:	833

(a) The name and quantity of the compoundopioid analgesic	834
being prescribed and the amount of the initial dose;	835

(b) A statement indicating that a controlled substance is a	836
drug or other substance that the United States drug enforcement	837
administration has identified as having a potential for abuse;	838

(c) A statement certifying that the prescriber discussed with	839
the minor and the minor's parent, guardian, or another adult	840
authorized to consent to the minor's medical treatment the matters	841
described in division (B)(2) of this section;	842

(d) The number of refills, if any, authorized by the	843
prescription;	844

(e) The signature of the minor's parent, guardian, or another	845
adult authorized to consent to the minor's medical treatment and	846
the date of signing.	847

(C)(1) The requirements in division (B) of this section do	848
not apply if the minor's treatment with a compound that is a	849
controlled substance containing an opioid analgesic meets any of	850
the following criteria:	851

(a) The treatment is associated with or incident to a medical	852
emergency.	853

(b) The treatment is associated with or incident to surgery,	854
regardless of whether the surgery is performed on an inpatient or	855
outpatient basis.	856

(c) In the prescriber's professional judgment, fulfilling the	857
requirements of division (B) of this section with respect to the	858
minor's treatment would be a detriment to the minor's health or	859
safety.	860

(d) Except as provided in division (D) of this section, the	861
treatment is rendered in a hospital, emergency facility,	862
ambulatory surgical facility, nursing home, pediatric respite care	863
program, residential care facility, freestanding rehabilitation	864
facility, or similar institutional facility.	865

(2) The requirements in division (B) of this section do not	866
apply to a prescription for a compound that is a controlled	867
substance containing an opioid analgesic that a prescriber issues	868
to a minor at the time of discharge from a facility or other	869
location described in division (C)(1)(d) of this section.	870

(D) The exemption in division (C)(1)(d) of this section does	871
not apply to treatment rendered in a prescriber's office that is	872
located on the premises of or adjacent to a facility or other	873
location described in that division.	874

(E) If the individual who signs the consent form required by	875
division (B)(3) of this section is another adult authorized to	876
consent to the minor's medical treatment, the prescriber shall	877
prescribe not more than a single, seventy-two-hour supply and	878
indicate on the prescription the quantity that is to be dispensed	879
pursuant to the prescription.	880

(F) A signed "Start Talking!" consent form obtained under	881
this section shall be maintained in the minor's medical record.	882

Sec. 4715.14.  (A)(1) Each person who is licensed to practice	883
dentistry in Ohio shall, on or before the first day of January of	884
each even-numbered year, register with the state dental board. The	885
registration shall be made on a form prescribed by the board and	886
furnished by the secretary, shall include the licensee's name,	887
address, license number, and such other reasonable information as	888
the board may consider necessary, and shall include payment of a	889
biennial registration fee of two hundred forty-five dollars.	890
Except as provided in division (E) of this section, this fee shall	891
be paid to the treasurer of state. Subject to division (C) of this	892
section, a registration shall be in effect for the two-year period	893
beginning on the first day of January of the even-numbered year	894
and ending on the last day of December of the following	895
odd-numbered year, and shall be renewed in accordance with the	896
standard renewal procedure of sections 4745.01 to 4745.03 of the	897
Revised Code.	898

(2)(a) Except as provided in division (A)(2)(b) of this	899
section, in the case of a licensee seeking registration who	900
prescribes or personally furnishes opioid analgesics or	901
benzodiazepines, as defined in section 3719.01 of the Revised	902
Code, the licensee shall certify to the board whether the licensee	903
has been granted access to the drug database established and	904
maintained by the state board of pharmacy pursuant to section	905
4729.75 of the Revised Code.	906

(b) The requirement in division (A)(2)(a) of this section	907
does not apply if eitherany of the following is the case:	908

(i) The state board of pharmacy notifies the state dental	909
board pursuant to section 4729.861 of the Revised Code that the	910
licensee has been restricted from obtaining further information	911
from the drug database.	912

(ii) The state board of pharmacy no longer maintains the drug	913
database.	914

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

915

(3) If a licensee certifies to the state dental board that	916
the licensee has been granted access to the drug database and the	917
board finds through an audit or other means that the licensee has	918
not been granted access, the board may take action under section	919
4715.30 of the Revised Code.	920

(B) A licensed dentist who desires to temporarily retire from	921
practice and who has given the board notice in writing to that	922
effect shall be granted such a retirement, provided only that at	923
that time all previous registration fees and additional costs of	924
reinstatement have been paid.	925

(C) Not later than the thirty-first day of January of an	926
even-numbered year, the board shall send a notice by certified	927
mail to a dentist who fails to renew a license in accordance with	928
division (A) of this section. The notice shall state all of the	929
following:	930

(1) That the board has not received the registration form and	931
fee described in that division;	932

(2) That the license shall remain valid and in good standing	933
until the first day of April following the last day of December of	934
the odd-numbered year in which the dentist was scheduled to renew	935
if the dentist remains in compliance with all other applicable	936
provisions of this chapter and any rule adopted under it;	937

(3) That the license may be renewed until the first day of	938
April following the last day of December of the odd-numbered year	939
in which the dentist was scheduled to renew by the payment of the	940
biennial registration fee and an additional fee of one hundred	941
dollars to cover the cost of late renewal;	942

(4) That unless the board receives the registration form and	943
fee before the first day of April following the last day of	944
December of the odd-numbered year in which the dentist was	945
scheduled to renew, the board may, on or after the relevant first	946
day of April, initiate disciplinary action against the dentist	947
pursuant to Chapter 119. of the Revised Code;	948

(5) That a dentist whose license has been suspended as a	949
result of disciplinary action initiated pursuant to division	950
(C)(4) of this section may be reinstated by the payment of the	951
biennial registration fee and an additional fee of three hundred	952
dollars to cover the cost of reinstatement.	953

(D) Each dentist licensed to practice, whether a resident or	954
not, shall notify the secretary in writing or electronically of	955
any change in the dentist's office address or employment within	956
ten days after such change has taken place. On the first day of	957
July of every even-numbered year, the secretary shall issue a	958
printed roster of the names and addresses so registered.	959

(E) Twenty dollars of each biennial registration fee shall be	960
paid to the dentist loan repayment fund created under section	961
3702.95 of the Revised Code.	962

Sec. 4715.30.  (A) An applicant for or holder of a	963
certificate or license issued under this chapter is subject to	964
disciplinary action by the state dental board for any of the	965
following reasons:	966

(1) Employing or cooperating in fraud or material deception	967
in applying for or obtaining a license or certificate;	968

(2) Obtaining or attempting to obtain money or anything of	969
value by intentional misrepresentation or material deception in	970
the course of practice;	971

(3) Advertising services in a false or misleading manner or	972
violating the board's rules governing time, place, and manner of	973
advertising;	974

(4) Commission of an act that constitutes a felony in this	975
state, regardless of the jurisdiction in which the act was	976
committed;	977

(5) Commission of an act in the course of practice that	978
constitutes a misdemeanor in this state, regardless of the	979
jurisdiction in which the act was committed;	980

(6) Conviction of, a plea of guilty to, a judicial finding of	981
guilt of, a judicial finding of guilt resulting from a plea of no	982
contest to, or a judicial finding of eligibility for intervention	983
in lieu of conviction for, any felony or of a misdemeanor	984
committed in the course of practice;	985

(7) Engaging in lewd or immoral conduct in connection with	986
the provision of dental services;	987

(8) Selling, prescribing, giving away, or administering drugs	988
for other than legal and legitimate therapeutic purposes, or	989
conviction of, a plea of guilty to, a judicial finding of guilt	990
of, a judicial finding of guilt resulting from a plea of no	991
contest to, or a judicial finding of eligibility for intervention	992
in lieu of conviction for, a violation of any federal or state law	993
regulating the possession, distribution, or use of any drug;	994

(9) Providing or allowing dental hygienists, expanded	995
function dental auxiliaries, or other practitioners of auxiliary	996
dental occupations working under the certificate or license	997
holder's supervision, or a dentist holding a temporary limited	998
continuing education license under division (C) of section 4715.16	999
of the Revised Code working under the certificate or license	1000
holder's direct supervision, to provide dental care that departs	1001
from or fails to conform to accepted standards for the profession,	1002
whether or not injury to a patient results;	1003

(10) Inability to practice under accepted standards of the	1004
profession because of physical or mental disability, dependence on	1005
alcohol or other drugs, or excessive use of alcohol or other	1006
drugs;	1007

(11) Violation of any provision of this chapter or any rule	1008
adopted thereunder;	1009

(12) Failure to use universal blood and body fluid	1010
precautions established by rules adopted under section 4715.03 of	1011
the Revised Code;	1012

(13) Except as provided in division (H) of this section,	1013
either of the following:	1014

(a) Waiving the payment of all or any part of a deductible or	1015
copayment that a patient, pursuant to a health insurance or health	1016
care policy, contract, or plan that covers dental services, would	1017
otherwise be required to pay if the waiver is used as an	1018
enticement to a patient or group of patients to receive health	1019
care services from that certificate or license holder;	1020

(b) Advertising that the certificate or license holder will	1021
waive the payment of all or any part of a deductible or copayment	1022
that a patient, pursuant to a health insurance or health care	1023
policy, contract, or plan that covers dental services, would	1024
otherwise be required to pay.	1025

(14) Failure to comply with section 4729.79 of the Revised	1026
Code, unless the state board of pharmacy no longer maintains a	1027
drug database pursuant to section 4729.75 of the Revised Code;	1028

(15) Any of the following actions taken by an agency	1029
responsible for authorizing, certifying, or regulating an	1030
individual to practice a health care occupation or provide health	1031
care services in this state or another jurisdiction, for any	1032
reason other than the nonpayment of fees: the limitation,	1033
revocation, or suspension of an individual's license to practice;	1034
acceptance of an individual's license surrender; denial of a	1035
license; refusal to renew or reinstate a license; imposition of	1036
probation; or issuance of an order of censure or other reprimand;	1037

(16) Failure to cooperate in an investigation conducted by	1038
the board under division (D) of section 4715.03 of the Revised	1039
Code, including failure to comply with a subpoena or order issued	1040
by the board or failure to answer truthfully a question presented	1041
by the board at a deposition or in written interrogatories, except	1042
that failure to cooperate with an investigation shall not	1043
constitute grounds for discipline under this section if a court of	1044
competent jurisdiction has issued an order that either quashes a	1045
subpoena or permits the individual to withhold the testimony or	1046
evidence in issue;	1047

(17) Failure to comply with the requirements in section	1048
3719.061 of the Revised Code before issuing tofor a minor a	1049
prescription for a controlled substance containing an opioid	1050
analgesic, as defined in section 3719.01 of the Revised Code.	1051

(B) A manager, proprietor, operator, or conductor of a dental	1052
facility shall be subject to disciplinary action if any dentist,	1053
dental hygienist, expanded function dental auxiliary, or qualified	1054
personnel providing services in the facility is found to have	1055
committed a violation listed in division (A) of this section and	1056
the manager, proprietor, operator, or conductor knew of the	1057
violation and permitted it to occur on a recurring basis.	1058

(C) Subject to Chapter 119. of the Revised Code, the board	1059
may take one or more of the following disciplinary actions if one	1060
or more of the grounds for discipline listed in divisions (A) and	1061
(B) of this section exist:	1062

(1) Censure the license or certificate holder;

1063

(2) Place the license or certificate on probationary status	1064
for such period of time the board determines necessary and require	1065
the holder to:	1066

(a) Report regularly to the board upon the matters which are	1067
the basis of probation;	1068

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

1069

(c) Continue or renew professional education until a	1070
satisfactory degree of knowledge or clinical competency has been	1071
attained in specified areas.	1072

(3) Suspend the certificate or license;

1073

(4) Revoke the certificate or license.

1074

Where the board places a holder of a license or certificate	1075
on probationary status pursuant to division (C)(2) of this	1076
section, the board may subsequently suspend or revoke the license	1077
or certificate if it determines that the holder has not met the	1078
requirements of the probation or continues to engage in activities	1079
that constitute grounds for discipline pursuant to division (A) or	1080
(B) of this section.	1081

Any order suspending a license or certificate shall state the	1082
conditions under which the license or certificate will be	1083
restored, which may include a conditional restoration during which	1084
time the holder is in a probationary status pursuant to division	1085
(C)(2) of this section. The board shall restore the license or	1086
certificate unconditionally when such conditions are met.	1087

(D) If the physical or mental condition of an applicant or a	1088
license or certificate holder is at issue in a disciplinary	1089
proceeding, the board may order the license or certificate holder	1090
to submit to reasonable examinations by an individual designated	1091
or approved by the board and at the board's expense. The physical	1092
examination may be conducted by any individual authorized by the	1093
Revised Code to do so, including a physician assistant, a clinical	1094
nurse specialist, a certified nurse practitioner, or a certified	1095
nurse-midwife. Any written documentation of the physical	1096
examination shall be completed by the individual who conducted the	1097
examination.	1098

Failure to comply with an order for an examination shall be	1099
grounds for refusal of a license or certificate or summary	1100
suspension of a license or certificate under division (E) of this	1101
section.	1102

(E) If a license or certificate holder has failed to comply	1103
with an order under division (D) of this section, the board may	1104
apply to the court of common pleas of the county in which the	1105
holder resides for an order temporarily suspending the holder's	1106
license or certificate, without a prior hearing being afforded by	1107
the board, until the board conducts an adjudication hearing	1108
pursuant to Chapter 119. of the Revised Code. If the court	1109
temporarily suspends a holder's license or certificate, the board	1110
shall give written notice of the suspension personally or by	1111
certified mail to the license or certificate holder. Such notice	1112
shall inform the license or certificate holder of the right to a	1113
hearing pursuant to Chapter 119. of the Revised Code.	1114

(F) Any holder of a certificate or license issued under this	1115
chapter who has pleaded guilty to, has been convicted of, or has	1116
had a judicial finding of eligibility for intervention in lieu of	1117
conviction entered against the holder in this state for aggravated	1118
murder, murder, voluntary manslaughter, felonious assault,	1119
kidnapping, rape, sexual battery, gross sexual imposition,	1120
aggravated arson, aggravated robbery, or aggravated burglary, or	1121
who has pleaded guilty to, has been convicted of, or has had a	1122
judicial finding of eligibility for treatment or intervention in	1123
lieu of conviction entered against the holder in another	1124
jurisdiction for any substantially equivalent criminal offense, is	1125
automatically suspended from practice under this chapter in this	1126
state and any certificate or license issued to the holder under	1127
this chapter is automatically suspended, as of the date of the	1128
guilty plea, conviction, or judicial finding, whether the	1129
proceedings are brought in this state or another jurisdiction.	1130
Continued practice by an individual after the suspension of the	1131
individual's certificate or license under this division shall be	1132
considered practicing without a certificate or license. The board	1133
shall notify the suspended individual of the suspension of the	1134
individual's certificate or license under this division by	1135
certified mail or in person in accordance with section 119.07 of	1136
the Revised Code. If an individual whose certificate or license is	1137
suspended under this division fails to make a timely request for	1138
an adjudicatory hearing, the board shall enter a final order	1139
revoking the individual's certificate or license.	1140

(G) If the supervisory investigative panel determines both of	1141
the following, the panel may recommend that the board suspend an	1142
individual's certificate or license without a prior hearing:	1143

(1) That there is clear and convincing evidence that an	1144
individual has violated division (A) of this section;	1145

(2) That the individual's continued practice presents a	1146
danger of immediate and serious harm to the public.	1147

Written allegations shall be prepared for consideration by	1148
the board. The board, upon review of those allegations and by an	1149
affirmative vote of not fewer than four dentist members of the	1150
board and seven of its members in total, excluding any member on	1151
the supervisory investigative panel, may suspend a certificate or	1152
license without a prior hearing. A telephone conference call may	1153
be utilized for reviewing the allegations and taking the vote on	1154
the summary suspension.	1155

The board shall issue a written order of suspension by	1156
certified mail or in person in accordance with section 119.07 of	1157
the Revised Code. The order shall not be subject to suspension by	1158
the court during pendency or any appeal filed under section 119.12	1159
of the Revised Code. If the individual subject to the summary	1160
suspension requests an adjudicatory hearing by the board, the date	1161
set for the hearing shall be within fifteen days, but not earlier	1162
than seven days, after the individual requests the hearing, unless	1163
otherwise agreed to by both the board and the individual.	1164

Any summary suspension imposed under this division shall	1165
remain in effect, unless reversed on appeal, until a final	1166
adjudicative order issued by the board pursuant to this section	1167
and Chapter 119. of the Revised Code becomes effective. The board	1168
shall issue its final adjudicative order within seventy-five days	1169
after completion of its hearing. A failure to issue the order	1170
within seventy-five days shall result in dissolution of the	1171
summary suspension order but shall not invalidate any subsequent,	1172
final adjudicative order.	1173

(H) Sanctions shall not be imposed under division (A)(13) of	1174
this section against any certificate or license holder who waives	1175
deductibles and copayments as follows:	1176

(1) In compliance with the health benefit plan that expressly	1177
allows such a practice. Waiver of the deductibles or copayments	1178
shall be made only with the full knowledge and consent of the plan	1179
purchaser, payer, and third-party administrator. Documentation of	1180
the consent shall be made available to the board upon request.	1181

(2) For professional services rendered to any other person	1182
who holds a certificate or license issued pursuant to this chapter	1183
to the extent allowed by this chapter and the rules of the board.	1184

(I) In no event shall the board consider or raise during a	1185
hearing required by Chapter 119. of the Revised Code the	1186
circumstances of, or the fact that the board has received, one or	1187
more complaints about a person unless the one or more complaints	1188
are the subject of the hearing or resulted in the board taking an	1189
action authorized by this section against the person on a prior	1190
occasion.	1191

(J) The board may share any information it receives pursuant	1192
to an investigation under division (D) of section 4715.03 of the	1193
Revised Code, including patient records and patient record	1194
information, with law enforcement agencies, other licensing	1195
boards, and other governmental agencies that are prosecuting,	1196
adjudicating, or investigating alleged violations of statutes or	1197
administrative rules. An agency or board that receives the	1198
information shall comply with the same requirements regarding	1199
confidentiality as those with which the state dental board must	1200
comply, notwithstanding any conflicting provision of the Revised	1201
Code or procedure of the agency or board that applies when it is	1202
dealing with other information in its possession. In a judicial	1203
proceeding, the information may be admitted into evidence only in	1204
accordance with the Rules of Evidence, but the court shall require	1205
that appropriate measures are taken to ensure that confidentiality	1206
is maintained with respect to any part of the information that	1207
contains names or other identifying information about patients or	1208
complainants whose confidentiality was protected by the state	1209
dental board when the information was in the board's possession.	1210
Measures to ensure confidentiality that may be taken by the court	1211
include sealing its records or deleting specific information from	1212
its records.	1213

Sec. 4723.28.  (A) The board of nursing, by a vote of a	1214
quorum, may impose one or more of the following sanctions if it	1215
finds that a person committed fraud in passing an examination	1216
required to obtain a license, certificate of authority, or	1217
dialysis technician certificate issued by the board or to have	1218
committed fraud, misrepresentation, or deception in applying for	1219
or securing any nursing license, certificate of authority, or	1220
dialysis technician certificate issued by the board: deny, revoke,	1221
suspend, or place restrictions on any nursing license, certificate	1222
of authority, or dialysis technician certificate issued by the	1223
board; reprimand or otherwise discipline a holder of a nursing	1224
license, certificate of authority, or dialysis technician	1225
certificate; or impose a fine of not more than five hundred	1226
dollars per violation.	1227

(B) The board of nursing, by a vote of a quorum, may impose	1228
one or more of the following sanctions: deny, revoke, suspend, or	1229
place restrictions on any nursing license, certificate of	1230
authority, or dialysis technician certificate issued by the board;	1231
reprimand or otherwise discipline a holder of a nursing license,	1232
certificate of authority, or dialysis technician certificate; or	1233
impose a fine of not more than five hundred dollars per violation.	1234
The sanctions may be imposed for any of the following:	1235

(1) Denial, revocation, suspension, or restriction of	1236
authority to engage in a licensed profession or practice a health	1237
care occupation, including nursing or practice as a dialysis	1238
technician, for any reason other than a failure to renew, in Ohio	1239
or another state or jurisdiction;	1240

(2) Engaging in the practice of nursing or engaging in	1241
practice as a dialysis technician, having failed to renew a	1242
nursing license or dialysis technician certificate issued under	1243
this chapter, or while a nursing license or dialysis technician	1244
certificate is under suspension;	1245

(3) Conviction of, a plea of guilty to, a judicial finding of	1246
guilt of, a judicial finding of guilt resulting from a plea of no	1247
contest to, or a judicial finding of eligibility for a pretrial	1248
diversion or similar program or for intervention in lieu of	1249
conviction for, a misdemeanor committed in the course of practice;	1250

(4) Conviction of, a plea of guilty to, a judicial finding of	1251
guilt of, a judicial finding of guilt resulting from a plea of no	1252
contest to, or a judicial finding of eligibility for a pretrial	1253
diversion or similar program or for intervention in lieu of	1254
conviction for, any felony or of any crime involving gross	1255
immorality or moral turpitude;	1256

(5) Selling, giving away, or administering drugs or	1257
therapeutic devices for other than legal and legitimate	1258
therapeutic purposes; or conviction of, a plea of guilty to, a	1259
judicial finding of guilt of, a judicial finding of guilt	1260
resulting from a plea of no contest to, or a judicial finding of	1261
eligibility for a pretrial diversion or similar program or for	1262
intervention in lieu of conviction for, violating any municipal,	1263
state, county, or federal drug law;	1264

(6) Conviction of, a plea of guilty to, a judicial finding of	1265
guilt of, a judicial finding of guilt resulting from a plea of no	1266
contest to, or a judicial finding of eligibility for a pretrial	1267
diversion or similar program or for intervention in lieu of	1268
conviction for, an act in another jurisdiction that would	1269
constitute a felony or a crime of moral turpitude in Ohio;	1270

(7) Conviction of, a plea of guilty to, a judicial finding of	1271
guilt of, a judicial finding of guilt resulting from a plea of no	1272
contest to, or a judicial finding of eligibility for a pretrial	1273
diversion or similar program or for intervention in lieu of	1274
conviction for, an act in the course of practice in another	1275
jurisdiction that would constitute a misdemeanor in Ohio;	1276

(8) Self-administering or otherwise taking into the body any	1277
dangerous drug, as defined in section 4729.01 of the Revised Code,	1278
in any way that is not in accordance with a legal, valid	1279
prescription issued for that individual, or self-administering or	1280
otherwise taking into the body any drug that is a schedule I	1281
controlled substance;	1282

(9) Habitual or excessive use of controlled substances, other	1283
habit-forming drugs, or alcohol or other chemical substances to an	1284
extent that impairs the individual's ability to provide safe	1285
nursing care or safe dialysis care;	1286

(10) Impairment of the ability to practice according to	1287
acceptable and prevailing standards of safe nursing care or safe	1288
dialysis care because of the use of drugs, alcohol, or other	1289
chemical substances;	1290

(11) Impairment of the ability to practice according to	1291
acceptable and prevailing standards of safe nursing care or safe	1292
dialysis care because of a physical or mental disability;	1293

(12) Assaulting or causing harm to a patient or depriving a	1294
patient of the means to summon assistance;	1295

(13) Misappropriation or attempted misappropriation of money	1296
or anything of value in the course of practice;	1297

(14) Adjudication by a probate court of being mentally ill or	1298
mentally incompetent. The board may reinstate the person's nursing	1299
license or dialysis technician certificate upon adjudication by a	1300
probate court of the person's restoration to competency or upon	1301
submission to the board of other proof of competency.	1302

(15) The suspension or termination of employment by the	1303
department of defense or the veterans administration of the United	1304
States for any act that violates or would violate this chapter;	1305

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

1306

(17) Violation of any restrictions placed by the board on a	1307
nursing license or dialysis technician certificate;	1308

(18) Failure to use universal and standard precautions	1309
established by rules adopted under section 4723.07 of the Revised	1310
Code;	1311

(19) Failure to practice in accordance with acceptable and	1312
prevailing standards of safe nursing care or safe dialysis care;	1313

(20) In the case of a registered nurse, engaging in	1314
activities that exceed the practice of nursing as a registered	1315
nurse;	1316

(21) In the case of a licensed practical nurse, engaging in	1317
activities that exceed the practice of nursing as a licensed	1318
practical nurse;	1319

(22) In the case of a dialysis technician, engaging in	1320
activities that exceed those permitted under section 4723.72 of	1321
the Revised Code;	1322

(23) Aiding and abetting a person in that person's practice	1323
of nursing without a license or practice as a dialysis technician	1324
without a certificate issued under this chapter;	1325

(24) In the case of a certified registered nurse anesthetist,	1326
clinical nurse specialist, certified nurse-midwife, or certified	1327
nurse practitioner, except as provided in division (M) of this	1328
section, either of the following:	1329

(a) Waiving the payment of all or any part of a deductible or	1330
copayment that a patient, pursuant to a health insurance or health	1331
care policy, contract, or plan that covers such nursing services,	1332
would otherwise be required to pay if the waiver is used as an	1333
enticement to a patient or group of patients to receive health	1334
care services from that provider;	1335

(b) Advertising that the nurse will waive the payment of all	1336
or any part of a deductible or copayment that a patient, pursuant	1337
to a health insurance or health care policy, contract, or plan	1338
that covers such nursing services, would otherwise be required to	1339
pay.	1340

(25) Failure to comply with the terms and conditions of	1341
participation in the chemical dependency monitoring program	1342
established under section 4723.35 of the Revised Code;	1343

(26) Failure to comply with the terms and conditions required	1344
under the practice intervention and improvement program	1345
established under section 4723.282 of the Revised Code;	1346

(27) In the case of a certified registered nurse anesthetist,	1347
clinical nurse specialist, certified nurse-midwife, or certified	1348
nurse practitioner:	1349

(a) Engaging in activities that exceed those permitted for	1350
the nurse's nursing specialty under section 4723.43 of the Revised	1351
Code;	1352

(b) Failure to meet the quality assurance standards	1353
established under section 4723.07 of the Revised Code.	1354

(28) In the case of a clinical nurse specialist, certified	1355
nurse-midwife, or certified nurse practitioner, failure to	1356
maintain a standard care arrangement in accordance with section	1357
4723.431 of the Revised Code or to practice in accordance with the	1358
standard care arrangement;	1359

(29) In the case of a clinical nurse specialist, certified	1360
nurse-midwife, or certified nurse practitioner who holds a	1361
certificate to prescribe issued under section 4723.48 of the	1362
Revised Code, failure to prescribe drugs and therapeutic devices	1363
in accordance with section 4723.481 of the Revised Code;	1364

(30) Prescribing any drug or device to perform or induce an	1365
abortion, or otherwise performing or inducing an abortion;	1366

(31) Failure to establish and maintain professional	1367
boundaries with a patient, as specified in rules adopted under	1368
section 4723.07 of the Revised Code;	1369

(32) Regardless of whether the contact or verbal behavior is	1370
consensual, engaging with a patient other than the spouse of the	1371
registered nurse, licensed practical nurse, or dialysis technician	1372
in any of the following:	1373

(a) Sexual contact, as defined in section 2907.01 of the	1374
Revised Code;	1375

(b) Verbal behavior that is sexually demeaning to the patient	1376
or may be reasonably interpreted by the patient as sexually	1377
demeaning.	1378

(33) Assisting suicide, as defined in section 3795.01 of the	1379
Revised Code;	1380

(34) Failure to comply with the requirements in section	1381
3719.061 of the Revised Code before issuing tofor a minor a	1382
prescription for a controlled substance containing an opioid	1383
analgesic, as defined in section 3719.01 of the Revised Code.	1384

(C) Disciplinary actions taken by the board under divisions	1385
(A) and (B) of this section shall be taken pursuant to an	1386
adjudication conducted under Chapter 119. of the Revised Code,	1387
except that in lieu of a hearing, the board may enter into a	1388
consent agreement with an individual to resolve an allegation of a	1389
violation of this chapter or any rule adopted under it. A consent	1390
agreement, when ratified by a vote of a quorum, shall constitute	1391
the findings and order of the board with respect to the matter	1392
addressed in the agreement. If the board refuses to ratify a	1393
consent agreement, the admissions and findings contained in the	1394
agreement shall be of no effect.	1395

(D) The hearings of the board shall be conducted in	1396
accordance with Chapter 119. of the Revised Code, the board may	1397
appoint a hearing examiner, as provided in section 119.09 of the	1398
Revised Code, to conduct any hearing the board is authorized to	1399
hold under Chapter 119. of the Revised Code.	1400

In any instance in which the board is required under Chapter	1401
119. of the Revised Code to give notice of an opportunity for a	1402
hearing and the applicant, licensee, or certificate holder does	1403
not make a timely request for a hearing in accordance with section	1404
119.07 of the Revised Code, the board is not required to hold a	1405
hearing, but may adopt, by a vote of a quorum, a final order that	1406
contains the board's findings. In the final order, the board may	1407
order any of the sanctions listed in division (A) or (B) of this	1408
section.	1409

(E) If a criminal action is brought against a registered	1410
nurse, licensed practical nurse, or dialysis technician for an act	1411
or crime described in divisions (B)(3) to (7) of this section and	1412
the action is dismissed by the trial court other than on the	1413
merits, the board shall conduct an adjudication to determine	1414
whether the registered nurse, licensed practical nurse, or	1415
dialysis technician committed the act on which the action was	1416
based. If the board determines on the basis of the adjudication	1417
that the registered nurse, licensed practical nurse, or dialysis	1418
technician committed the act, or if the registered nurse, licensed	1419
practical nurse, or dialysis technician fails to participate in	1420
the adjudication, the board may take action as though the	1421
registered nurse, licensed practical nurse, or dialysis technician	1422
had been convicted of the act.	1423

If the board takes action on the basis of a conviction, plea,	1424
or a judicial finding as described in divisions (B)(3) to (7) of	1425
this section that is overturned on appeal, the registered nurse,	1426
licensed practical nurse, or dialysis technician may, on	1427
exhaustion of the appeal process, petition the board for	1428
reconsideration of its action. On receipt of the petition and	1429
supporting court documents, the board shall temporarily rescind	1430
its action. If the board determines that the decision on appeal	1431
was a decision on the merits, it shall permanently rescind its	1432
action. If the board determines that the decision on appeal was	1433
not a decision on the merits, it shall conduct an adjudication to	1434
determine whether the registered nurse, licensed practical nurse,	1435
or dialysis technician committed the act on which the original	1436
conviction, plea, or judicial finding was based. If the board	1437
determines on the basis of the adjudication that the registered	1438
nurse, licensed practical nurse, or dialysis technician committed	1439
such act, or if the registered nurse, licensed practical nurse, or	1440
dialysis technician does not request an adjudication, the board	1441
shall reinstate its action; otherwise, the board shall permanently	1442
rescind its action.	1443

Notwithstanding the provision of division (C)(2) of section	1444
2953.32 of the Revised Code specifying that if records pertaining	1445
to a criminal case are sealed under that section the proceedings	1446
in the case shall be deemed not to have occurred, sealing of the	1447
following records on which the board has based an action under	1448
this section shall have no effect on the board's action or any	1449
sanction imposed by the board under this section: records of any	1450
conviction, guilty plea, judicial finding of guilt resulting from	1451
a plea of no contest, or a judicial finding of eligibility for a	1452
pretrial diversion program or intervention in lieu of conviction.	1453

The board shall not be required to seal, destroy, redact, or	1454
otherwise modify its records to reflect the court's sealing of	1455
conviction records.	1456

(F) The board may investigate an individual's criminal	1457
background in performing its duties under this section. As part of	1458
such investigation, the board may order the individual to submit,	1459
at the individual's expense, a request to the bureau of criminal	1460
identification and investigation for a criminal records check and	1461
check of federal bureau of investigation records in accordance	1462
with the procedure described in section 4723.091 of the Revised	1463
Code.	1464

(G) During the course of an investigation conducted under	1465
this section, the board may compel any registered nurse, licensed	1466
practical nurse, or dialysis technician or applicant under this	1467
chapter to submit to a mental or physical examination, or both, as	1468
required by the board and at the expense of the individual, if the	1469
board finds reason to believe that the individual under	1470
investigation may have a physical or mental impairment that may	1471
affect the individual's ability to provide safe nursing care.	1472
Failure of any individual to submit to a mental or physical	1473
examination when directed constitutes an admission of the	1474
allegations, unless the failure is due to circumstances beyond the	1475
individual's control, and a default and final order may be entered	1476
without the taking of testimony or presentation of evidence.	1477

If the board finds that an individual is impaired, the board	1478
shall require the individual to submit to care, counseling, or	1479
treatment approved or designated by the board, as a condition for	1480
initial, continued, reinstated, or renewed authority to practice.	1481
The individual shall be afforded an opportunity to demonstrate to	1482
the board that the individual can begin or resume the individual's	1483
occupation in compliance with acceptable and prevailing standards	1484
of care under the provisions of the individual's authority to	1485
practice.	1486

For purposes of this division, any registered nurse, licensed	1487
practical nurse, or dialysis technician or applicant under this	1488
chapter shall be deemed to have given consent to submit to a	1489
mental or physical examination when directed to do so in writing	1490
by the board, and to have waived all objections to the	1491
admissibility of testimony or examination reports that constitute	1492
a privileged communication.	1493

(H) The board shall investigate evidence that appears to show	1494
that any person has violated any provision of this chapter or any	1495
rule of the board. Any person may report to the board any	1496
information the person may have that appears to show a violation	1497
of any provision of this chapter or rule of the board. In the	1498
absence of bad faith, any person who reports such information or	1499
who testifies before the board in any adjudication conducted under	1500
Chapter 119. of the Revised Code shall not be liable for civil	1501
damages as a result of the report or testimony.	1502

(I) All of the following apply under this chapter with	1503
respect to the confidentiality of information:	1504

(1) Information received by the board pursuant to a complaint	1505
or an investigation is confidential and not subject to discovery	1506
in any civil action, except that the board may disclose	1507
information to law enforcement officers and government entities	1508
for purposes of an investigation of either a licensed health care	1509
professional, including a registered nurse, licensed practical	1510
nurse, or dialysis technician, or a person who may have engaged in	1511
the unauthorized practice of nursing or dialysis care. No law	1512
enforcement officer or government entity with knowledge of any	1513
information disclosed by the board pursuant to this division shall	1514
divulge the information to any other person or government entity	1515
except for the purpose of a government investigation, a	1516
prosecution, or an adjudication by a court or government entity.	1517

(2) If an investigation requires a review of patient records,	1518
the investigation and proceeding shall be conducted in such a	1519
manner as to protect patient confidentiality.	1520

(3) All adjudications and investigations of the board shall	1521
be considered civil actions for the purposes of section 2305.252	1522
of the Revised Code.	1523

(4) Any board activity that involves continued monitoring of	1524
an individual as part of or following any disciplinary action	1525
taken under this section shall be conducted in a manner that	1526
maintains the individual's confidentiality. Information received	1527
or maintained by the board with respect to the board's monitoring	1528
activities is not subject to discovery in any civil action and is	1529
confidential, except that the board may disclose information to	1530
law enforcement officers and government entities for purposes of	1531
an investigation of a licensee or certificate holder.	1532

(J) Any action taken by the board under this section	1533
resulting in a suspension from practice shall be accompanied by a	1534
written statement of the conditions under which the person may be	1535
reinstated to practice.	1536

(K) When the board refuses to grant a license or certificate	1537
to an applicant, revokes a license or certificate, or refuses to	1538
reinstate a license or certificate, the board may specify that its	1539
action is permanent. An individual subject to permanent action	1540
taken by the board is forever ineligible to hold a license or	1541
certificate of the type that was refused or revoked and the board	1542
shall not accept from the individual an application for	1543
reinstatement of the license or certificate or for a new license	1544
or certificate.	1545

(L) No unilateral surrender of a nursing license, certificate	1546
of authority, or dialysis technician certificate issued under this	1547
chapter shall be effective unless accepted by majority vote of the	1548
board. No application for a nursing license, certificate of	1549
authority, or dialysis technician certificate issued under this	1550
chapter may be withdrawn without a majority vote of the board. The	1551
board's jurisdiction to take disciplinary action under this	1552
section is not removed or limited when an individual has a license	1553
or certificate classified as inactive or fails to renew a license	1554
or certificate.	1555

(M) Sanctions shall not be imposed under division (B)(24) of	1556
this section against any licensee who waives deductibles and	1557
copayments as follows:	1558

(1) In compliance with the health benefit plan that expressly	1559
allows such a practice. Waiver of the deductibles or copayments	1560
shall be made only with the full knowledge and consent of the plan	1561
purchaser, payer, and third-party administrator. Documentation of	1562
the consent shall be made available to the board upon request.	1563

(2) For professional services rendered to any other person	1564
licensed pursuant to this chapter to the extent allowed by this	1565
chapter and the rules of the board.	1566

Sec. 4723.481.  This section establishes standards and	1567
conditions regarding the authority of a clinical nurse specialist,	1568
certified nurse-midwife, or certified nurse practitioner to	1569
prescribe drugs and therapeutic devices under a certificate to	1570
prescribe issued under section 4723.48 of the Revised Code.	1571

(A) A clinical nurse specialist, certified nurse-midwife, or	1572
certified nurse practitioner shall not prescribe any drug or	1573
therapeutic device that is not included in the types of drugs and	1574
devices listed on the formulary established in rules adopted under	1575
section 4723.50 of the Revised Code.	1576

(B) The prescriptive authority of a clinical nurse	1577
specialist, certified nurse-midwife, or certified nurse	1578
practitioner shall not exceed the prescriptive authority of the	1579
collaborating physician or podiatrist, including the collaborating	1580
physician's authority to treat chronic pain with controlled	1581
substances and products containing tramadol as described in	1582
section 4731.052 of the Revised Code.	1583

(C)(1) Except as provided in division (C)(2) or (3) of this	1584
section, a clinical nurse specialist, certified nurse-midwife, or	1585
certified nurse practitioner may prescribe to a patient a schedule	1586
II controlled substance only if all of the following are the case:	1587

(a) The patient has a terminal condition, as defined in	1588
section 2133.01 of the Revised Code.	1589

(b) The collaborating physician of the clinical nurse	1590
specialist, certified nurse-midwife, or certified nurse	1591
practitioner initially prescribed the substance for the patient.	1592

(c) The prescription is for an amount that does not exceed	1593
the amount necessary for the patient's use in a single,	1594
twenty-four-hour period.	1595

(2) The restrictions on prescriptive authority in division	1596
(C)(1) of this section do not apply if a clinical nurse	1597
specialist, certified nurse-midwife, or certified nurse	1598
practitioner issues the prescription to the patient from any of	1599
the following locations:	1600

(a) A hospital registered under section 3701.07 of the	1601
Revised Code;	1602

(b) An entity owned or controlled, in whole or in part, by a	1603
hospital or by an entity that owns or controls, in whole or in	1604
part, one or more hospitals;	1605

(c) A health care facility operated by the department of	1606
mental health and addiction services or the department of	1607
developmental disabilities;	1608

(d) A nursing home licensed under section 3721.02 of the	1609
Revised Code or by a political subdivision certified under section	1610
3721.09 of the Revised Code;	1611

(e) A county home or district home operated under Chapter	1612
5155. of the Revised Code that is certified under the medicare or	1613
medicaid program;	1614

(f) A hospice care program, as defined in section 3712.01 of	1615
the Revised Code;	1616

(g) A community mental health services provider, as defined	1617
in section 5122.01 of the Revised Code;	1618

(h) An ambulatory surgical facility, as defined in section	1619
3702.30 of the Revised Code;	1620

(i) A freestanding birthing center, as defined in section	1621
3702.141 of the Revised Code;	1622

(j) A federally qualified health center, as defined in	1623
section 3701.047 of the Revised Code;	1624

(k) A federally qualified health center look-alike, as	1625
defined in section 3701.047 of the Revised Code;	1626

(l) A health care office or facility operated by the board of	1627
health of a city or general health district or the authority	1628
having the duties of a board of health under section 3709.05 of	1629
the Revised Code;	1630

(m) A site where a medical practice is operated, but only if	1631
the practice is comprised of one or more physicians who also are	1632
owners of the practice; the practice is organized to provide	1633
direct patient care; and the clinical nurse specialist, certified	1634
nurse-midwife, or certified nurse practitioner providing services	1635
at the site has a standard care arrangement and collaborates with	1636
at least one of the physician owners who practices primarily at	1637
that site.	1638

(3) A clinical nurse specialist, certified nurse-midwife, or	1639
certified nurse practitioner shall not issue to a patient a	1640
prescription for a schedule II controlled substance from a	1641
convenience care clinic even if the clinic is owned or operated by	1642
an entity specified in division (C)(2) of this section.	1643

(D) A pharmacist who acts in good faith reliance on a	1644
prescription issued by a clinical nurse specialist, certified	1645
nurse-midwife, or certified nurse practitioner under division	1646
(C)(2) of this section is not liable for or subject to any of the	1647
following for relying on the prescription: damages in any civil	1648
action, prosecution in any criminal proceeding, or professional	1649
disciplinary action by the state board of pharmacy under Chapter	1650
4729. of the Revised Code.	1651

(E) A clinical nurse specialist, certified nurse-midwife, or	1652
certified nurse practitioner may personally furnish to a patient a	1653
sample of any drug or therapeutic device included in the types of	1654
drugs and devices listed on the formulary, except that all of the	1655
following conditions apply:	1656

(1) The amount of the sample furnished shall not exceed a	1657
seventy-two-hour supply, except when the minimum available	1658
quantity of the sample is packaged in an amount that is greater	1659
than a seventy-two-hour supply, in which case the packaged amount	1660
may be furnished.	1661

(2) No charge may be imposed for the sample or for furnishing	1662
it.	1663

(3) Samples of controlled substances may not be personally	1664
furnished.	1665

(F) A clinical nurse specialist, certified nurse-midwife, or	1666
certified nurse practitioner may personally furnish to a patient a	1667
complete or partial supply of a drug or therapeutic device	1668
included in the types of drugs and devices listed on the	1669
formulary, except that all of the following conditions apply:	1670

(1) The clinical nurse specialist, certified nurse-midwife,	1671
or certified nurse practitioner shall personally furnish only	1672
antibiotics, antifungals, scabicides, contraceptives, prenatal	1673
vitamins, antihypertensives, drugs and devices used in the	1674
treatment of diabetes, drugs and devices used in the treatment of	1675
asthma, and drugs used in the treatment of dyslipidemia.	1676

(2) The clinical nurse specialist, certified nurse-midwife,	1677
or certified nurse practitioner shall not furnish the drugs and	1678
devices in locations other than a health department operated by	1679
the board of health of a city or general health district or the	1680
authority having the duties of a board of health under section	1681
3709.05 of the Revised Code, a federally funded comprehensive	1682
primary care clinic, or a nonprofit health care clinic or program.	1683

(3) The clinical nurse specialist, certified nurse-midwife,	1684
or certified nurse practitioner shall comply with all safety	1685
standards for personally furnishing supplies of drugs and devices,	1686
as established in rules adopted under section 4723.50 of the	1687
Revised Code.	1688

(G) A clinical nurse specialist, certified nurse-midwife, or	1689
certified nurse practitioner shall comply with section 3719.061 of	1690
the Revised Code if the nurse prescribes for a minor, as defined	1691
in that section, a compound that is a controlled substance	1692
containing an opioid analgesic, as defined in section 3719.01 of	1693
the Revised Code.	1694

Sec. 4723.486.  (A) A certificate to prescribe issued under	1695
section 4723.48 of the Revised Code that is not issued as an	1696
externship certificate is valid for two years, unless otherwise	1697
provided in rules adopted under section 4723.50 of the Revised	1698
Code or earlier suspended or revoked by the board. The board of	1699
nursing shall renew certificates to prescribe according to	1700
procedures and a renewal schedule established in rules adopted	1701
under section 4723.50 of the Revised Code.	1702

(B) Except as provided in division (C) of this section, the	1703
board may renew a certificate to prescribe if the holder submits	1704
to the board all of the following:	1705

(1) Evidence of having completed during the previous two	1706
years at least twelve hours of continuing education in advanced	1707
pharmacology, or, if the certificate has been held for less than a	1708
full renewal period, the number of hours required by the board in	1709
rules adopted under section 4723.50 of the Revised Code;	1710

(2) The fee required under section 4723.08 of the Revised	1711
Code for renewal of a certificate to prescribe;	1712

(3) Any additional information the board requires pursuant to	1713
rules adopted under section 4723.50 of the Revised Code.	1714

(C)(1) Except as provided in division (C)(2) of this section,	1715
in the case of a certificate holder seeking renewal who prescribes	1716
opioid analgesics or benzodiazepines, as defined in section	1717
3719.01 of the Revised Code, the holder shall certify to the board	1718
whether the holder has been granted access to the drug database	1719
established and maintained by the state board of pharmacy pursuant	1720
to section 4729.75 of the Revised Code.	1721

(2) The requirement in division (C)(1) of this section does	1722
not apply if eitherany of the following is the case:	1723

(a) The state board of pharmacy notifies the board of nursing	1724
pursuant to section 4729.861 of the Revised Code that the	1725
certificate holder has been restricted from obtaining further	1726
information from the drug database.	1727

(b) The state board of pharmacy no longer maintains the drug	1728
database.	1729

(c) The certificate holder does not practice nursing in this	1730
state.	1731

(3) If a certificate holder certifies to the board of nursing	1732
that the holder has been granted access to the drug database and	1733
the board finds through an audit or other means that the holder	1734
has not been granted access, the board may take action under	1735
section 4723.28 of the Revised Code.	1736

(D) The continuing education in pharmacology required under	1737
division (B)(1) of this section must be received from an	1738
accredited institution recognized by the board. The hours of	1739
continuing education required are in addition to any other	1740
continuing education requirement that must be completed pursuant	1741
to this chapter.	1742

Sec. 4725.16.  (A)(1) Each certificate of licensure, topical	1743
ocular pharmaceutical agents certificate, and therapeutic	1744
pharmaceutical agents certificate issued by the state board of	1745
optometry shall expire annually on the last day of December, and	1746
may be renewed in accordance with this section and the standard	1747
renewal procedure established under Chapter 4745. of the Revised	1748
Code.	1749

(2) An optometrist seeking to continue to practice optometry	1750
shall file with the board an application for license renewal. The	1751
application shall be in such form and require such pertinent	1752
professional biographical data as the board may require.	1753

(3)(a) Except as provided in division (A)(3)(b) of this	1754
section, in the case of an optometrist seeking renewal who holds a	1755
topical oculartherapeutic pharmaceutical agents certificate and	1756
who prescribes or personally furnishes analgesic controlled	1757
substances authorized pursuant to section 4725.091 of the Revised	1758
Code that are opioid analgesics or benzodiazepines, as defined in	1759
section 3719.01 of the Revised Code, the optometrist shall certify	1760
to the board whether the optometrist has been granted access to	1761
the drug database established and maintained by the state board of	1762
pharmacy pursuant to section 4729.75 of the Revised Code.	1763

(b) The requirement in division (A)(3)(a) of this section	1764
does not apply if eitherany of the following is the case:	1765

(i) The state board of pharmacy notifies the state board of	1766
optometry pursuant to section 4729.861 of the Revised Code that	1767
the certificate holder has been restricted from obtaining further	1768
information from the drug database.	1769

(ii) The state board of pharmacy no longer maintains the drug	1770
database.	1771

(iii) The certificate holder does not practice optometry in	1772
this state.	1773

(c) If an optometrist certifies to the state board of	1774
optometry that the optometrist has been granted access to the drug	1775
database and the board finds through an audit or other means that	1776
the optometrist has not been granted access, the board may take	1777
action under section 4725.19 of the Revised Code.	1778

(B) All licensed optometrists shall annually complete	1779
continuing education in subjects relating to the practice of	1780
optometry, to the end that the utilization and application of new	1781
techniques, scientific and clinical advances, and the achievements	1782
of research will assure comprehensive care to the public. The	1783
board shall prescribe by rule the continuing optometric education	1784
that licensed optometrists must complete. The length of study	1785
shall be twenty-five clock hours each year, including ten clock	1786
hours of instruction in pharmacology to be completed by all	1787
licensed optometrists.	1788

Unless the continuing education required under this division	1789
is waived or deferred under division (D) of this section, the	1790
continuing education must be completed during the twelve-month	1791
period beginning on the first day of October and ending on the	1792
last day of September. If the board receives notice from a	1793
continuing education program indicating that an optometrist	1794
completed the program after the last day of September, and the	1795
optometrist wants to use the continuing education completed after	1796
that day to renew the license that expires on the last day of	1797
December of that year, the optometrist shall pay the penalty	1798
specified under section 4725.34 of the Revised Code for late	1799
completion of continuing education.	1800

At least once annually, the board shall post on its web site	1801
and shall mail, or send by electronic mail, to each licensed	1802
optometrist a list of courses approved in accordance with	1803
standards prescribed by board rule. Upon the request of a licensed	1804
optometrist, the executive director of the board shall supply a	1805
list of additional courses that the board has approved subsequent	1806
to the most recent web site posting, electronic mail transmission,	1807
or mailing of the list of approved courses.	1808

(C)(1) Annually, not later than the first day of November,	1809
the board shall mail or send by electronic mail a notice regarding	1810
license renewal to each licensed optometrist who may be eligible	1811
for renewal. The notice shall be sent to the optometrist's most	1812
recent electronic mail or mailing address shown in the board's	1813
records. If the board knows that the optometrist has completed the	1814
required continuing optometric education for the year, the board	1815
may include with the notice an application for license renewal.	1816

(2) Filing a license renewal application with the board shall	1817
serve as notice by the optometrist that the continuing optometric	1818
education requirement has been successfully completed. If the	1819
board finds that an optometrist has not completed the required	1820
continuing optometric education, the board shall disapprove the	1821
optometrist's application. The board's disapproval of renewal is	1822
effective without a hearing, unless a hearing is requested	1823
pursuant to Chapter 119. of the Revised Code.	1824

(3) The board shall refuse to accept an application for	1825
renewal from any applicant whose license is not in good standing	1826
or who is under disciplinary review pursuant to section 4725.19 of	1827
the Revised Code.	1828

(4) Notice of an applicant's failure to qualify for renewal	1829
shall be served upon the applicant by mail. The notice shall be	1830
sent not later than the fifteenth day of November to the	1831
applicant's last address shown in the board's records.	1832

(D) In cases of certified illness or undue hardship, the	1833
board may waive or defer for up to twelve months the requirement	1834
of continuing optometric education, except that in such cases the	1835
board may not waive or defer the continuing education in	1836
pharmacology required to be completed by optometrists who hold	1837
topical ocular pharmaceutical agents certificates or therapeutic	1838
pharmaceutical agents certificates. The board shall waive the	1839
requirement of continuing optometric education for any optometrist	1840
who is serving on active duty in the armed forces of the United	1841
States or a reserve component of the armed forces of the United	1842
States, including the Ohio national guard or the national guard of	1843
any other state or who has received an initial certificate of	1844
licensure during the nine-month period which ended on the last day	1845
of September.	1846

(E) An optometrist whose renewal application has been	1847
approved may renew each certificate held by paying to the	1848
treasurer of state the fees for renewal specified under section	1849
4725.34 of the Revised Code. On payment of all applicable fees,	1850
the board shall issue a renewal of the optometrist's certificate	1851
of licensure, topical ocular pharmaceutical agents certificate,	1852
and therapeutic pharmaceutical agents certificate, as appropriate.	1853

(F) Not later than the fifteenth day of December, the board	1854
shall mail or send by electronic mail a second notice regarding	1855
license renewal to each licensed optometrist who may be eligible	1856
for renewal but did not respond to the notice sent under division	1857
(C)(1) of this section. The notice shall be sent to the	1858
optometrist's most recent electronic mail or mailing address shown	1859
in the board's records. If an optometrist fails to file a renewal	1860
application after the second notice is sent, the board shall send	1861
a third notice regarding license renewal prior to any action under	1862
division (I) of this section to classify the optometrist's	1863
certificates as delinquent.	1864

(G) The failure of an optometrist to apply for license	1865
renewal or the failure to pay the applicable annual renewal fees	1866
on or before the date of expiration, shall automatically work a	1867
forfeiture of the optometrist's authority to practice optometry in	1868
this state.	1869

(H) The board shall accept renewal applications and renewal	1870
fees that are submitted from the first day of January to the last	1871
day of April of the year next succeeding the date of expiration.	1872
An individual who submits such a late renewal application or fee	1873
shall pay the late renewal fee specified in section 4725.34 of the	1874
Revised Code.	1875

(I)(1) If the certificates issued by the board to an	1876
individual have expired and the individual has not filed a	1877
complete application during the late renewal period, the	1878
individual's certificates shall be classified in the board's	1879
records as delinquent.	1880

(2) Any optometrist subject to delinquent classification may	1881
submit a written application to the board for reinstatement. For	1882
reinstatement to occur, the applicant must meet all of the	1883
following conditions:	1884

(a) Submit to the board evidence of compliance with board	1885
rules requiring continuing optometric education in a sufficient	1886
number of hours to make up for any delinquent compliance;	1887

(b) Pay the renewal fees for the year in which application	1888
for reinstatement is made and the reinstatement fee specified	1889
under division (A)(8) of section 4725.34 of the Revised Code;	1890

(c) Pass all or part of the licensing examination accepted by	1891
the board under section 4725.11 of the Revised Code as the board	1892
considers appropriate to determine whether the application for	1893
reinstatement should be approved;	1894

(d) If the applicant has been practicing optometry in another	1895
state or country, submit evidence that the applicant's license to	1896
practice optometry in the other state or country is in good	1897
standing.	1898

(3) The board shall approve an application for reinstatement	1899
if the conditions specified in division (I)(2) of this section are	1900
met. An optometrist who receives reinstatement is subject to the	1901
continuing education requirements specified under division (B) of	1902
this section for the year in which reinstatement occurs.	1903

Sec. 4725.19.  (A) In accordance with Chapter 119. of the	1904
Revised Code and by an affirmative vote of a majority of its	1905
members, the state board of optometry, for any of the reasons	1906
specified in division (B) of this section, shall refuse to grant a	1907
certificate of licensure to an applicant and may, with respect to	1908
a licensed optometrist, do one or more of the following:	1909

(1) Suspend the operation of any certificate of licensure,	1910
topical ocular pharmaceutical agents certificate, or therapeutic	1911
pharmaceutical agents certificate, or all certificates granted by	1912
it to the optometrist;	1913

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

1914

(3) Limit or otherwise place restrictions on any or all of	1915
the certificates;	1916

(4) Reprimand the optometrist;

1917

(5) Impose a monetary penalty. If the reason for which the	1918
board is imposing the penalty involves a criminal offense that	1919
carries a fine under the Revised Code, the penalty shall not	1920
exceed the maximum fine that may be imposed for the criminal	1921
offense. In any other case, the penalty imposed by the board shall	1922
not exceed five hundred dollars.	1923

(6) Require the optometrist to take corrective action	1924
courses.	1925

The amount and content of corrective action courses shall be	1926
established by the board in rules adopted under section 4725.09 of	1927
the Revised Code.	1928

(B) The sanctions specified in division (A) of this section	1929
may be taken by the board for any of the following reasons:	1930

(1) Committing fraud in passing the licensing examination or	1931
making false or purposely misleading statements in an application	1932
for a certificate of licensure;	1933

(2) Being at any time guilty of immorality, regardless of the	1934
jurisdiction in which the act was committed;	1935

(3) Being guilty of dishonesty or unprofessional conduct in	1936
the practice of optometry;	1937

(4) Being at any time guilty of a felony, regardless of the	1938
jurisdiction in which the act was committed;	1939

(5) Being at any time guilty of a misdemeanor committed in	1940
the course of practice, regardless of the jurisdiction in which	1941
the act was committed;	1942

(6) Violating the conditions of any limitation or other	1943
restriction placed by the board on any certificate issued by the	1944
board;	1945

(7) Engaging in the practice of optometry as provided in	1946
division (A)(1), (2), or (3) of section 4725.01 of the Revised	1947
Code when the certificate authorizing that practice is under	1948
suspension, in which case the board shall permanently revoke the	1949
certificate;	1950

(8) Being denied a license to practice optometry in another	1951
state or country or being subject to any other sanction by the	1952
optometric licensing authority of another state or country, other	1953
than sanctions imposed for the nonpayment of fees;	1954

(9) Departing from or failing to conform to acceptable and	1955
prevailing standards of care in the practice of optometry as	1956
followed by similar practitioners under the same or similar	1957
circumstances, regardless of whether actual injury to a patient is	1958
established;	1959

(10) Failing to maintain comprehensive patient records;

1960

(11) Advertising a price of optical accessories, eye	1961
examinations, or other products or services by any means that	1962
would deceive or mislead the public;	1963

(12) Being addicted to the use of alcohol, stimulants,	1964
narcotics, or any other substance which impairs the intellect and	1965
judgment to such an extent as to hinder or diminish the	1966
performance of the duties included in the person's practice of	1967
optometry;	1968

(13) Engaging in the practice of optometry as provided in	1969
division (A)(2) or (3) of section 4725.01 of the Revised Code	1970
without authority to do so or, if authorized, in a manner	1971
inconsistent with the authority granted;	1972

(14) Failing to make a report to the board as required by	1973
division (A) of section 4725.21 or section 4725.31 of the Revised	1974
Code;	1975

(15) Soliciting patients from door to door or establishing	1976
temporary offices, in which case the board shall suspend all	1977
certificates held by the optometrist;	1978

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

1979

(a) Waiving the payment of all or any part of a deductible or	1980
copayment that a patient, pursuant to a health insurance or health	1981
care policy, contract, or plan that covers optometric services,	1982
would otherwise be required to pay if the waiver is used as an	1983
enticement to a patient or group of patients to receive health	1984
care services from that optometrist.	1985

(b) Advertising that the optometrist will waive the payment	1986
of all or any part of a deductible or copayment that a patient,	1987
pursuant to a health insurance or health care policy, contract, or	1988
plan that covers optometric services, would otherwise be required	1989
to pay.	1990

(17) Failing to comply with the requirements in section	1991
3719.061 of the Revised Code before issuing tofor a minor a	1992
prescription for a controlled substance containingan analgesic	1993
controlled substance authorized pursuant to section 4725.091 of	1994
the Revised Code that is an opioid analgesic, as defined in	1995
section 3719.01 of the Revised Code.	1996

(C) Any person who is the holder of a certificate of	1997
licensure, or who is an applicant for a certificate of licensure	1998
against whom is preferred any charges, shall be furnished by the	1999
board with a copy of the complaint and shall have a hearing before	2000
the board in accordance with Chapter 119. of the Revised Code.	2001

(D) Sanctions shall not be imposed under division (B)(16) of	2002
this section against any optometrist who waives deductibles and	2003
copayments:	2004

(1) In compliance with the health benefit plan that expressly	2005
allows such a practice. Waiver of the deductibles or copayments	2006
shall be made only with the full knowledge and consent of the plan	2007
purchaser, payer, and third-party administrator. Documentation of	2008
the consent shall be made available to the board upon request.	2009

(2) For professional services rendered to any other	2010
optometrist licensed by the board, to the extent allowed by	2011
sections 4725.01 to 4725.34 of the Revised Code and the rules of	2012
the board.	2013

Sec. 4729.12.  An identification card issued by the state	2014
board of pharmacy under section 4729.08 of the Revised Code	2015
entitles the individual to whom it is issued to practice as a	2016
pharmacist or as a pharmacy intern in this state until the next	2017
annual renewal date.	2018

Identification cards shall be renewed annually on the	2019
fifteenth day of September, according to the standard renewal	2020
procedure of Chapter 4745. of the Revised Code.	2021

Each pharmacist and pharmacy intern shall carry the	2022
identification card or renewal identification card while engaged	2023
in the practice of pharmacy. The license shall be conspicuously	2024
exposed at the principal place where the pharmacist or pharmacy	2025
intern practices pharmacy.	2026

A pharmacist or pharmacy intern who desires to continue in	2027
the practice of pharmacy shall file with the board an application	2028
in such form and containing such data as the board may require for	2029
renewal of an identification card. AnIn the case of a pharmacist	2030
who dispenses or plans to dispense controlled substances in this	2031
state, the pharmacist shall certify, as part of the application,	2032
that the pharmacist has been granted access to the drug database	2033
established and maintained by the board pursuant to section	2034
4729.75 of the Revised Code, unless the board has restricted the	2035
pharmacist from obtaining further information from the database or	2036
the board no longer maintains the database. If the pharmacist	2037
certifies to the board that the applicant has been granted access	2038
to the drug database and the board finds through an audit or other	2039
means that the pharmacist has not been granted access, the board	2040
may take action under section 4729.16 of the Revised Code.	2041

An application filed under this section for renewal of an	2042
identification card may not be withdrawn without the approval of	2043
the board. If	2044

If the board finds that thean applicant's identification	2045
card has not been revoked or placed under suspension and that the	2046
applicant has paid the renewal fee, has continued pharmacy	2047
education in accordance with the rules of the board, has been	2048
granted access to the drug database established and maintained by	2049
the board pursuant to section 4729.75 of the Revised Code (unless	2050
the board has restricted the applicant from obtaining any further	2051
information from the database or the board no longer maintains the	2052
database), and is entitled to continue in the practice of	2053
pharmacy, the board shall issue a renewal identification card to	2054
the applicant.	2055

When an identification card has lapsed for more than sixty	2056
days but application is made within three years after the	2057
expiration of the card, the applicant shall be issued a renewal	2058
identification card without further examination if the applicant	2059
meets the requirements of this section and pays the fee designated	2060
under division (A)(5) of section 4729.15 of the Revised Code.	2061

Sec. 4729.16.  (A) The state board of pharmacy, after notice	2062
and hearing in accordance with Chapter 119. of the Revised Code,	2063
may revoke, suspend, limit, place on probation, or refuse to grant	2064
or renew an identification card, or may impose a monetary penalty	2065
or forfeiture not to exceed in severity any fine designated under	2066
the Revised Code for a similar offense, or in the case of a	2067
violation of a section of the Revised Code that does not bear a	2068
penalty, a monetary penalty or forfeiture of not more than five	2069
hundred dollars, if the board finds a pharmacist or pharmacy	2070
intern:	2071

(1) Guilty of a felony or gross immorality;

2072

(2) Guilty of dishonesty or unprofessional conduct in the	2073
practice of pharmacy;	2074

(3) Addicted to or abusing liquoralcohol or drugs or	2075
impaired physically or mentally to such a degree as to render the	2076
pharmacist or pharmacy intern unfit to practice pharmacy;	2077

(4) Has been convicted of a misdemeanor related to, or	2078
committed in, the practice of pharmacy;	2079

(5) Guilty of willfully violating, conspiring to violate,	2080
attempting to violate, or aiding and abetting the violation of any	2081
of the provisions of this chapter, sections 3715.52 to 3715.72 of	2082
the Revised Code, Chapter 2925. or 3719. of the Revised Code, or	2083
any rule adopted by the board under those provisions;	2084

(6) Guilty of permitting anyone other than a pharmacist or	2085
pharmacy intern to practice pharmacy;	2086

(7) Guilty of knowingly lending the pharmacist's or pharmacy	2087
intern's name to an illegal practitioner of pharmacy or having	2088
professional connection with an illegal practitioner of pharmacy;	2089

(8) Guilty of dividing or agreeing to divide remuneration	2090
made in the practice of pharmacy with any other individual,	2091
including, but not limited to, any licensed health professional	2092
authorized to prescribe drugs or any owner, manager, or employee	2093
of a health care facility, residential care facility, or nursing	2094
home;	2095

(9) Has violated the terms of a consult agreement entered	2096
into pursuant to section 4729.39 of the Revised Code;	2097

(10) Has committed fraud, misrepresentation, or deception in	2098
applying for or securing a license or identification card issued	2099
by the board under this chapter or under Chapter 3715. or 3719. of	2100
the Revised Code.	2101

(B) Any individual whose identification card is revoked,	2102
suspended, or refused, shall return the identification card and	2103
license to the offices of the state board of pharmacy within ten	2104
days after receipt of notice of such action.	2105

(C) As used in this section:

2106

"Unprofessional conduct in the practice of pharmacy" includes	2107
any of the following:	2108

(1) Advertising or displaying signs that promote dangerous	2109
drugs to the public in a manner that is false or misleading;	2110

(2) Except as provided in section 4729.281 of the Revised	2111
Code, the sale of any drug for which a prescription is required,	2112
without having received a prescription for the drug;	2113

(3) Knowingly dispensing medication pursuant to false or	2114
forged prescriptions;	2115

(4) Knowingly failing to maintain complete and accurate	2116
records of all dangerous drugs received or dispensed in compliance	2117
with federal laws and regulations and state laws and rules;	2118

(5) Obtaining any remuneration by fraud, misrepresentation,	2119
or deception.	2120

(D) The board may suspend a license or identification card	2121
under division (B) of section 3719.121 of the Revised Code by	2122
utilizing a telephone conference call to review the allegations	2123
and take a vote.	2124

(E) If, pursuant to an adjudication under Chapter 119. of the	2125
Revised Code, the board has reasonable cause to believe that a	2126
pharmacist or pharmacy intern is physically or mentally impaired,	2127
the board may require the pharmacist or pharmacy intern to submit	2128
to a physical or mental examination, or both.	2129

Sec. 4729.18.  The state board of pharmacy shall adopt rules	2130
in accordance with Chapter 119. of the Revised Code establishing	2131
standards for approving and designating physicians and facilities	2132
as treatment providers for pharmacists with substance abuse	2133
problems and shall approve and designate treatment providers in	2134
accordance with the rules. The rules shall include standards for	2135
both inpatient and outpatient treatment. The rules shall provide	2136
that to be approved, a treatment provider must be capable of	2137
making an initial examination to determine the type of treatment	2138
required for a pharmacist with substance abuse problems. Subject	2139
to the rules, the board shall review and approve treatment	2140
providers on a regular basis and may, at its discretion, withdraw	2141
or deny approval.	2142

An approved treatment provider shall:

2143

(A) Report to the board the name of any pharmacist suffering	2144
or showing evidence of suffering impairment by reason of being	2145
addicted to or abusing liquoralcohol or drugs as described in	2146
division (A)(3) of section 4729.16 of the Revised Code who fails	2147
to comply within one week with a referral for examination;	2148

(B) Report to the board the name of any impaired pharmacist	2149
who fails to enter treatment within forty-eight hours following	2150
the provider's determination that the pharmacist needs treatment;	2151

(C) Require every pharmacist who enters treatment to agree to	2152
a treatment contract establishing the terms of treatment and	2153
aftercare, including any required supervision or restrictions of	2154
practice during treatment or aftercare;	2155

(D) Require a pharmacist to suspend practice on entering any	2156
required inpatient treatment;	2157

(E) Report to the board any failure by an impaired pharmacist	2158
to comply with the terms of the treatment contract during	2159
inpatient or outpatient treatment or aftercare;	2160

(F) Report to the board the resumption of practice of any	2161
impaired pharmacist before the treatment provider has made a clear	2162
determination that the pharmacist is capable of practicing	2163
according to acceptable and prevailing standards;	2164

(G) Require a pharmacist who resumes practice after	2165
completion of treatment to comply with an aftercare contract that	2166
meets the requirements of rules adopted by the board for approval	2167
of treatment providers;	2168

(H) Report to the board any pharmacist who suffers a relapse	2169
at any time during or following aftercare.	2170

Any pharmacist who enters into treatment by an approved	2171
treatment provider shall be deemed to have waived any	2172
confidentiality requirements that would otherwise prevent the	2173
treatment provider from making reports required under this	2174
section.	2175

In the absence of fraud or bad faith, no professional	2176
association of pharmacists licensed under this chapter that	2177
sponsors a committee or program to provide peer assistance to	2178
pharmacists with substance abuse problems, no representative or	2179
agent of such a committee or program, and no member of the state	2180
board of pharmacy shall be liable to any person for damages in a	2181
civil action by reason of actions taken to refer a pharmacist to a	2182
treatment provider designated by the board or actions or omissions	2183
of the provider in treating a pharmacist.	2184

In the absence of fraud or bad faith, no person who reports	2185
to the board a pharmacist with a suspected substance abuse problem	2186
shall be liable to any person for damages in a civil action as a	2187
result of the report.	2188

Sec. 4729.85. (A) If the state board of pharmacy establishes	2189
and maintains a drug database pursuant to section 4729.75 of the	2190
Revised Code, the board shall prepare reports regarding the	2191
database and present or submit them in accordance with both of the	2192
following:	2193

(A) The board shall present a biennial report to the standing	2194
committees of the house of representatives and the senate that are	2195
primarily responsible for considering health and human services	2196
issues. The initial report shall be presented not later than two	2197
years after the database is established.	2198

(B) Each report presented under this section shall include	2199
all of the following:	2200

(1) The cost to the state of establishing and maintaining the	2201
database;	2202

(2) Information from terminal distributors of dangerous	2203
drugs, prescribers, and the board regarding the board's	2204
effectiveness in providing information from the database;	2205

(3) The board's timeliness in transmitting information from	2206
the database.	2207

(B) The board shall submit a semiannual report to the	2208
governor, the president of the senate, the speaker of the house of	2209
representatives, the attorney general, the chairpersons of the	2210
standing committees of the house of representatives and the senate	2211
that are primarily responsible for considering health and human	2212
services issues, the department of public safety, the state dental	2213
board, the board of nursing, the state board of optometry, the	2214
state medical board, and the state veterinary medical licensing	2215
board. The state board of pharmacy shall make the report available	2216
to the public on its internet web site. Each report submitted	2217
shall include all of the following for the period covered by the	2218
report:	2219

(1) An aggregate of the information submitted to the board	2220
under section 4729.77 of the Revised Code regarding prescriptions	2221
for controlled substances containing opioids, including all of the	2222
following:	2223

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

2224

(b) The number of patients to whom the controlled substances	2225
were dispensed;	2226

(c) The average quantity of the controlled substances	2227
dispensed per prescription;	2228

(d) The average daily morphine equivalent dose of the	2229
controlled substances dispensed per prescription.	2230

(2) An aggregate of the information submitted to the board	2231
under section 4729.79 of the Revised Code regarding controlled	2232
substances containing opioids that have been personally furnished	2233
to a patient by a prescriber, other than a prescriber who is a	2234
veterinarian, including all of the following:	2235

(a) The number of prescribers who personally furnished the	2236
controlled substances;	2237

(b) The number of patients to whom the controlled substances	2238
were personally furnished;	2239

(c) The average quantity of the controlled substances that	2240
were furnished at one time;	2241

(d) The average daily morphine equivalent dose of the	2242
controlled substances that were furnished at one time.	2243

Sec. 4729.86. If the state board of pharmacy establishes and	2244
maintains a drug database pursuant to section 4729.75 of the	2245
Revised Code, all of the following apply:	2246

(A)(1) No person identified in divisions (A)(1) to (12) or	2247
(B) of section 4729.80 of the Revised Code shall disseminate any	2248
written or electronic information the person receives from the	2249
drug database or otherwise provide another person access to the	2250
information that the person receives from the database, except as	2251
follows:	2252

(a) When necessary in the investigation or prosecution of a	2253
possible or alleged criminal offense;	2254

(b) When a person provides the information to the prescriber	2255
or pharmacist for whom the person is approved by the board to	2256
serve as a delegate of the prescriber or pharmacist for purposes	2257
of requesting and receiving information from the drug database	2258
under division (A)(5) or (6) of section 4729.80 of the Revised	2259
Code;	2260

(c) When a prescriber or pharmacist provides the information	2261
to a person who is approved by the board to serve as such a	2262
delegate of the prescriber or pharmacist;	2263

(d) When a prescriber or pharmacist provides the information	2264
to a patient or patient's personal representative;	2265

(e) When a prescriber or pharmacist includes the information	2266
in a medical record, as defined in section 3701.74 of the Revised	2267
Code.	2268

(2) No person shall provide false information to the state	2269
board of pharmacy with the intent to obtain or alter information	2270
contained in the drug database.	2271

(3) No person shall obtain drug database information by any	2272
means except as provided under section 4729.80 or 4729.81 of the	2273
Revised Code.	2274

(B) A person shall not use information obtained pursuant to	2275
division (A) of section 4729.80 of the Revised Code as evidence in	2276
any civil or administrative proceeding.	2277

(C)(1) Except as provided in division (C)(2) of this section,	2278
after providing notice and affording an opportunity for a hearing	2279
in accordance with Chapter 119. of the Revised Code, the board may	2280
restrict a person from obtaining further information from the drug	2281
database if any of the following is the case:	2282

(a) The person violates division (A)(1), (2), or (3) of this	2283
section;	2284

(b) The person is a requestor identified in division (A)(13)	2285
of section 4729.80 of the Revised Code and the board determines	2286
that the person's actions in another state would have constituted	2287
a violation of division (A)(1), (2), or (3) of this section;	2288

(c) The person fails to comply with division (B) of this	2289
section, regardless of the jurisdiction in which the failure to	2290
comply occurred;	2291

(d) The person creates, by clear and convincing evidence, a	2292
threat to the security of information contained in the database.	2293

(2) If the board determines that allegations regarding a	2294
person's actions warrant restricting the person from obtaining	2295
further information from the drug database without a prior	2296
hearing, the board may summarily impose the restriction. A	2297
telephone conference call may be used for reviewing the	2298
allegations and taking a vote on the summary restriction. The	2299
summary restriction shall remain in effect, unless removed by the	2300
board, until the board's final adjudication order becomes	2301
effective.	2302

(3) The board shall determine the extent to which the person	2303
is restricted from obtaining further information from the	2304
database.	2305

Sec. 4730.25.  (A) The state medical board, by an affirmative	2306
vote of not fewer than six members, may revoke or may refuse to	2307
grant a certificate to practice as a physician assistant or a	2308
certificate to prescribe to a person found by the board to have	2309
committed fraud, misrepresentation, or deception in applying for	2310
or securing the certificate.	2311

(B) The board, by an affirmative vote of not fewer than six	2312
members, shall, to the extent permitted by law, limit, revoke, or	2313
suspend an individual's certificate to practice as a physician	2314
assistant or certificate to prescribe, refuse to issue a	2315
certificate to an applicant, refuse to reinstate a certificate, or	2316
reprimand or place on probation the holder of a certificate for	2317
any of the following reasons:	2318

(1) Failure to practice in accordance with the conditions	2319
under which the supervising physician's supervision agreement with	2320
the physician assistant was approved, including the requirement	2321
that when practicing under a particular supervising physician, the	2322
physician assistant must practice only according to the physician	2323
supervisory plan the board approved for that physician or the	2324
policies of the health care facility in which the supervising	2325
physician and physician assistant are practicing;	2326

(2) Failure to comply with the requirements of this chapter,	2327
Chapter 4731. of the Revised Code, or any rules adopted by the	2328
board;	2329

(3) Violating or attempting to violate, directly or	2330
indirectly, or assisting in or abetting the violation of, or	2331
conspiring to violate, any provision of this chapter, Chapter	2332
4731. of the Revised Code, or the rules adopted by the board;	2333

(4) Inability to practice according to acceptable and	2334
prevailing standards of care by reason of mental illness or	2335
physical illness, including physical deterioration that adversely	2336
affects cognitive, motor, or perceptive skills;	2337

(5) Impairment of ability to practice according to acceptable	2338
and prevailing standards of care because of habitual or excessive	2339
use or abuse of drugs, alcohol, or other substances that impair	2340
ability to practice;	2341

(6) Administering drugs for purposes other than those	2342
authorized under this chapter;	2343

(7) Willfully betraying a professional confidence;

2344

(8) Making a false, fraudulent, deceptive, or misleading	2345
statement in soliciting or advertising for employment as a	2346
physician assistant; in connection with any solicitation or	2347
advertisement for patients; in relation to the practice of	2348
medicine as it pertains to physician assistants; or in securing or	2349
attempting to secure a certificate to practice as a physician	2350
assistant, a certificate to prescribe, or approval of a	2351
supervision agreement.	2352

As used in this division, "false, fraudulent, deceptive, or	2353
misleading statement" means a statement that includes a	2354
misrepresentation of fact, is likely to mislead or deceive because	2355
of a failure to disclose material facts, is intended or is likely	2356
to create false or unjustified expectations of favorable results,	2357
or includes representations or implications that in reasonable	2358
probability will cause an ordinarily prudent person to	2359
misunderstand or be deceived.	2360

(9) Representing, with the purpose of obtaining compensation	2361
or other advantage personally or for any other person, that an	2362
incurable disease or injury, or other incurable condition, can be	2363
permanently cured;	2364

(10) The obtaining of, or attempting to obtain, money or	2365
anything of value by fraudulent misrepresentations in the course	2366
of practice;	2367

(11) A plea of guilty to, a judicial finding of guilt of, or	2368
a judicial finding of eligibility for intervention in lieu of	2369
conviction for, a felony;	2370

(12) Commission of an act that constitutes a felony in this	2371
state, regardless of the jurisdiction in which the act was	2372
committed;	2373

(13) A plea of guilty to, a judicial finding of guilt of, or	2374
a judicial finding of eligibility for intervention in lieu of	2375
conviction for, a misdemeanor committed in the course of practice;	2376

(14) A plea of guilty to, a judicial finding of guilt of, or	2377
a judicial finding of eligibility for intervention in lieu of	2378
conviction for, a misdemeanor involving moral turpitude;	2379

(15) Commission of an act in the course of practice that	2380
constitutes a misdemeanor in this state, regardless of the	2381
jurisdiction in which the act was committed;	2382

(16) Commission of an act involving moral turpitude that	2383
constitutes a misdemeanor in this state, regardless of the	2384
jurisdiction in which the act was committed;	2385

(17) A plea of guilty to, a judicial finding of guilt of, or	2386
a judicial finding of eligibility for intervention in lieu of	2387
conviction for violating any state or federal law regulating the	2388
possession, distribution, or use of any drug, including	2389
trafficking in drugs;	2390

(18) Any of the following actions taken by the state agency	2391
responsible for regulating the practice of physician assistants in	2392
another state, for any reason other than the nonpayment of fees:	2393
the limitation, revocation, or suspension of an individual's	2394
license to practice; acceptance of an individual's license	2395
surrender; denial of a license; refusal to renew or reinstate a	2396
license; imposition of probation; or issuance of an order of	2397
censure or other reprimand;	2398

(19) A departure from, or failure to conform to, minimal	2399
standards of care of similar physician assistants under the same	2400
or similar circumstances, regardless of whether actual injury to a	2401
patient is established;	2402

(20) Violation of the conditions placed by the board on a	2403
certificate to practice as a physician assistant, a certificate to	2404
prescribe, a physician supervisory plan, or supervision agreement;	2405

(21) Failure to use universal blood and body fluid	2406
precautions established by rules adopted under section 4731.051 of	2407
the Revised Code;	2408

(22) Failure to cooperate in an investigation conducted by	2409
the board under section 4730.26 of the Revised Code, including	2410
failure to comply with a subpoena or order issued by the board or	2411
failure to answer truthfully a question presented by the board at	2412
a deposition or in written interrogatories, except that failure to	2413
cooperate with an investigation shall not constitute grounds for	2414
discipline under this section if a court of competent jurisdiction	2415
has issued an order that either quashes a subpoena or permits the	2416
individual to withhold the testimony or evidence in issue;	2417

(23) Assisting suicide, as defined in section 3795.01 of the	2418
Revised Code;	2419

(24) Prescribing any drug or device to perform or induce an	2420
abortion, or otherwise performing or inducing an abortion;	2421

(25) Failure to comply with the requirements in section	2422
3719.061 of the Revised Code before issuing tofor a minor a	2423
prescription for a controlled substance containing an opioid	2424
analgesic, as defined in section 3719.01 of the Revised Code.	2425

(C) Disciplinary actions taken by the board under divisions	2426
(A) and (B) of this section shall be taken pursuant to an	2427
adjudication under Chapter 119. of the Revised Code, except that	2428
in lieu of an adjudication, the board may enter into a consent	2429
agreement with a physician assistant or applicant to resolve an	2430
allegation of a violation of this chapter or any rule adopted	2431
under it. A consent agreement, when ratified by an affirmative	2432
vote of not fewer than six members of the board, shall constitute	2433
the findings and order of the board with respect to the matter	2434
addressed in the agreement. If the board refuses to ratify a	2435
consent agreement, the admissions and findings contained in the	2436
consent agreement shall be of no force or effect.	2437

(D) For purposes of divisions (B)(12), (15), and (16) of this	2438
section, the commission of the act may be established by a finding	2439
by the board, pursuant to an adjudication under Chapter 119. of	2440
the Revised Code, that the applicant or certificate holder	2441
committed the act in question. The board shall have no	2442
jurisdiction under these divisions in cases where the trial court	2443
renders a final judgment in the certificate holder's favor and	2444
that judgment is based upon an adjudication on the merits. The	2445
board shall have jurisdiction under these divisions in cases where	2446
the trial court issues an order of dismissal upon technical or	2447
procedural grounds.	2448

(E) The sealing of conviction records by any court shall have	2449
no effect upon a prior board order entered under the provisions of	2450
this section or upon the board's jurisdiction to take action under	2451
the provisions of this section if, based upon a plea of guilty, a	2452
judicial finding of guilt, or a judicial finding of eligibility	2453
for intervention in lieu of conviction, the board issued a notice	2454
of opportunity for a hearing prior to the court's order to seal	2455
the records. The board shall not be required to seal, destroy,	2456
redact, or otherwise modify its records to reflect the court's	2457
sealing of conviction records.	2458

(F) For purposes of this division, any individual who holds a	2459
certificate issued under this chapter, or applies for a	2460
certificate issued under this chapter, shall be deemed to have	2461
given consent to submit to a mental or physical examination when	2462
directed to do so in writing by the board and to have waived all	2463
objections to the admissibility of testimony or examination	2464
reports that constitute a privileged communication.	2465

(1) In enforcing division (B)(4) of this section, the board,	2466
upon a showing of a possible violation, may compel any individual	2467
who holds a certificate issued under this chapter or who has	2468
applied for a certificate pursuant to this chapter to submit to a	2469
mental examination, physical examination, including an HIV test,	2470
or both a mental and physical examination. The expense of the	2471
examination is the responsibility of the individual compelled to	2472
be examined. Failure to submit to a mental or physical examination	2473
or consent to an HIV test ordered by the board constitutes an	2474
admission of the allegations against the individual unless the	2475
failure is due to circumstances beyond the individual's control,	2476
and a default and final order may be entered without the taking of	2477
testimony or presentation of evidence. If the board finds a	2478
physician assistant unable to practice because of the reasons set	2479
forth in division (B)(4) of this section, the board shall require	2480
the physician assistant to submit to care, counseling, or	2481
treatment by physicians approved or designated by the board, as a	2482
condition for an initial, continued, reinstated, or renewed	2483
certificate. An individual affected under this division shall be	2484
afforded an opportunity to demonstrate to the board the ability to	2485
resume practicing in compliance with acceptable and prevailing	2486
standards of care.	2487

(2) For purposes of division (B)(5) of this section, if the	2488
board has reason to believe that any individual who holds a	2489
certificate issued under this chapter or any applicant for a	2490
certificate suffers such impairment, the board may compel the	2491
individual to submit to a mental or physical examination, or both.	2492
The expense of the examination is the responsibility of the	2493
individual compelled to be examined. Any mental or physical	2494
examination required under this division shall be undertaken by a	2495
treatment provider or physician qualified to conduct such	2496
examination and chosen by the board.	2497

Failure to submit to a mental or physical examination ordered	2498
by the board constitutes an admission of the allegations against	2499
the individual unless the failure is due to circumstances beyond	2500
the individual's control, and a default and final order may be	2501
entered without the taking of testimony or presentation of	2502
evidence. If the board determines that the individual's ability to	2503
practice is impaired, the board shall suspend the individual's	2504
certificate or deny the individual's application and shall require	2505
the individual, as a condition for initial, continued, reinstated,	2506
or renewed certification to practice or prescribe, to submit to	2507
treatment.	2508

Before being eligible to apply for reinstatement of a	2509
certificate suspended under this division, the physician assistant	2510
shall demonstrate to the board the ability to resume practice or	2511
prescribing in compliance with acceptable and prevailing standards	2512
of care. The demonstration shall include the following:	2513

(a) Certification from a treatment provider approved under	2514
section 4731.25 of the Revised Code that the individual has	2515
successfully completed any required inpatient treatment;	2516

(b) Evidence of continuing full compliance with an aftercare	2517
contract or consent agreement;	2518

(c) Two written reports indicating that the individual's	2519
ability to practice has been assessed and that the individual has	2520
been found capable of practicing according to acceptable and	2521
prevailing standards of care. The reports shall be made by	2522
individuals or providers approved by the board for making such	2523
assessments and shall describe the basis for their determination.	2524

The board may reinstate a certificate suspended under this	2525
division after such demonstration and after the individual has	2526
entered into a written consent agreement.	2527

When the impaired physician assistant resumes practice or	2528
prescribing, the board shall require continued monitoring of the	2529
physician assistant. The monitoring shall include compliance with	2530
the written consent agreement entered into before reinstatement or	2531
with conditions imposed by board order after a hearing, and, upon	2532
termination of the consent agreement, submission to the board for	2533
at least two years of annual written progress reports made under	2534
penalty of falsification stating whether the physician assistant	2535
has maintained sobriety.	2536

(G) If the secretary and supervising member determine that	2537
there is clear and convincing evidence that a physician assistant	2538
has violated division (B) of this section and that the	2539
individual's continued practice or prescribing presents a danger	2540
of immediate and serious harm to the public, they may recommend	2541
that the board suspend the individual's certificate to practice or	2542
prescribe without a prior hearing. Written allegations shall be	2543
prepared for consideration by the board.	2544

The board, upon review of those allegations and by an	2545
affirmative vote of not fewer than six of its members, excluding	2546
the secretary and supervising member, may suspend a certificate	2547
without a prior hearing. A telephone conference call may be	2548
utilized for reviewing the allegations and taking the vote on the	2549
summary suspension.	2550

The board shall issue a written order of suspension by	2551
certified mail or in person in accordance with section 119.07 of	2552
the Revised Code. The order shall not be subject to suspension by	2553
the court during pendency of any appeal filed under section 119.12	2554
of the Revised Code. If the physician assistant requests an	2555
adjudicatory hearing by the board, the date set for the hearing	2556
shall be within fifteen days, but not earlier than seven days,	2557
after the physician assistant requests the hearing, unless	2558
otherwise agreed to by both the board and the certificate holder.	2559

A summary suspension imposed under this division shall remain	2560
in effect, unless reversed on appeal, until a final adjudicative	2561
order issued by the board pursuant to this section and Chapter	2562
119. of the Revised Code becomes effective. The board shall issue	2563
its final adjudicative order within sixty days after completion of	2564
its hearing. Failure to issue the order within sixty days shall	2565
result in dissolution of the summary suspension order, but shall	2566
not invalidate any subsequent, final adjudicative order.	2567

(H) If the board takes action under division (B)(11), (13),	2568
or (14) of this section, and the judicial finding of guilt, guilty	2569
plea, or judicial finding of eligibility for intervention in lieu	2570
of conviction is overturned on appeal, upon exhaustion of the	2571
criminal appeal, a petition for reconsideration of the order may	2572
be filed with the board along with appropriate court documents.	2573
Upon receipt of a petition and supporting court documents, the	2574
board shall reinstate the certificate to practice or prescribe.	2575
The board may then hold an adjudication under Chapter 119. of the	2576
Revised Code to determine whether the individual committed the act	2577
in question. Notice of opportunity for hearing shall be given in	2578
accordance with Chapter 119. of the Revised Code. If the board	2579
finds, pursuant to an adjudication held under this division, that	2580
the individual committed the act, or if no hearing is requested,	2581
it may order any of the sanctions identified under division (B) of	2582
this section.	2583

(I) The certificate to practice issued to a physician	2584
assistant and the physician assistant's practice in this state are	2585
automatically suspended as of the date the physician assistant	2586
pleads guilty to, is found by a judge or jury to be guilty of, or	2587
is subject to a judicial finding of eligibility for intervention	2588
in lieu of conviction in this state or treatment or intervention	2589
in lieu of conviction in another state for any of the following	2590
criminal offenses in this state or a substantially equivalent	2591
criminal offense in another jurisdiction: aggravated murder,	2592
murder, voluntary manslaughter, felonious assault, kidnapping,	2593
rape, sexual battery, gross sexual imposition, aggravated arson,	2594
aggravated robbery, or aggravated burglary. Continued practice	2595
after the suspension shall be considered practicing without a	2596
certificate.	2597

The board shall notify the individual subject to the	2598
suspension by certified mail or in person in accordance with	2599
section 119.07 of the Revised Code. If an individual whose	2600
certificate is suspended under this division fails to make a	2601
timely request for an adjudication under Chapter 119. of the	2602
Revised Code, the board shall enter a final order permanently	2603
revoking the individual's certificate to practice.	2604

(J) In any instance in which the board is required by Chapter	2605
119. of the Revised Code to give notice of opportunity for hearing	2606
and the individual subject to the notice does not timely request a	2607
hearing in accordance with section 119.07 of the Revised Code, the	2608
board is not required to hold a hearing, but may adopt, by an	2609
affirmative vote of not fewer than six of its members, a final	2610
order that contains the board's findings. In that final order, the	2611
board may order any of the sanctions identified under division (A)	2612
or (B) of this section.	2613

(K) Any action taken by the board under division (B) of this	2614
section resulting in a suspension shall be accompanied by a	2615
written statement of the conditions under which the physician	2616
assistant's certificate may be reinstated. The board shall adopt	2617
rules in accordance with Chapter 119. of the Revised Code	2618
governing conditions to be imposed for reinstatement.	2619
Reinstatement of a certificate suspended pursuant to division (B)	2620
of this section requires an affirmative vote of not fewer than six	2621
members of the board.	2622

(L) When the board refuses to grant to an applicant a	2623
certificate to practice as a physician assistant or a certificate	2624
to prescribe, revokes an individual's certificate, refuses to	2625
issue a certificate, or refuses to reinstate an individual's	2626
certificate, the board may specify that its action is permanent.	2627
An individual subject to a permanent action taken by the board is	2628
forever thereafter ineligible to hold the certificate and the	2629
board shall not accept an application for reinstatement of the	2630
certificate or for issuance of a new certificate.	2631

(M) Notwithstanding any other provision of the Revised Code,	2632
all of the following apply:	2633

(1) The surrender of a certificate issued under this chapter	2634
is not effective unless or until accepted by the board.	2635
Reinstatement of a certificate surrendered to the board requires	2636
an affirmative vote of not fewer than six members of the board.	2637

(2) An application made under this chapter for a certificate,	2638
approval of a physician supervisory plan, or approval of a	2639
supervision agreement may not be withdrawn without approval of the	2640
board.	2641

(3) Failure by an individual to renew a certificate in	2642
accordance with section 4730.14 or section 4730.48 of the Revised	2643
Code shall not remove or limit the board's jurisdiction to take	2644
disciplinary action under this section against the individual.	2645

Sec. 4730.41.  (A) A certificate to prescribe issued under	2646
this chapter authorizes a physician assistant to prescribe and	2647
personally furnish drugs and therapeutic devices in the exercise	2648
of physician-delegated prescriptive authority.	2649

(B) In exercising physician-delegated prescriptive authority,	2650
a physician assistant is subject to all of the following:	2651

(1) The physician assistant shall exercise	2652
physician-delegated prescriptive authority only to the extent that	2653
the physician supervising the physician assistant has granted that	2654
authority.	2655

(2) The physician assistant shall comply with all conditions	2656
placed on the physician-delegated prescriptive authority, as	2657
specified by the supervising physician who is supervising the	2658
physician assistant in the exercise of physician-delegated	2659
prescriptive authority.	2660

(3) If the physician assistant possesses physician-delegated	2661
prescriptive authority for controlled substances, the physician	2662
assistant shall register with the federal drug enforcement	2663
administration.	2664

(4) If the physician assistant possesses physician-delegated	2665
prescriptive authority for schedule II controlled substances, the	2666
physician assistant shall comply with section 4730.411 of the	2667
Revised Code.	2668

(5) If the physician assistant possesses physician-delegated	2669
prescriptive authority to prescribe for a minor an opioid	2670
analgesic, as those terms are defined in sectionsections	2671
3719.061 and 3719.01 of the Revised Code, a compound that is a	2672
controlled substance containing an opioidrespectively, the	2673
physician assistant shall comply with section 3719.061 of the	2674
Revised Code.	2675

Sec. 4730.48. (A)(1) Except in the case of a provisional	2676
certificate to prescribe, a physician assistant's certificate to	2677
prescribe expires on the same date as the physician assistant's	2678
certificate to practice as a physician assistant, as provided in	2679
section 4730.14 of the Revised Code. The certificate to prescribe	2680
may be renewed in accordance with this section.	2681

(2) A person seeking to renew a certificate to prescribe	2682
shall, on or before the thirty-first day of January of each	2683
even-numbered year, apply for renewal of the certificate. The	2684
state medical board shall send renewal notices at least one month	2685
prior to the expiration date. The notice may be sent as part of	2686
the notice sent for renewal of the certificate to practice.	2687

(3) Applications for renewal shall be submitted to the board	2688
on forms the board shall prescribe and furnish. An application for	2689
renewal of a certificate to prescribe may be submitted in	2690
conjunction with an application for renewal of a certificate to	2691
practice.	2692

(4)(a) Except as provided in division (A)(4)(b) of this	2693
section, in the case of an applicant who prescribes opioid	2694
analgesics or benzodiazepines, as defined in section 3719.01 of	2695
the Revised Code, the applicant shall certify to the board whether	2696
the applicant has been granted access to the drug database	2697
established and maintained by the state board of pharmacy pursuant	2698
to section 4729.75 of the Revised Code.	2699

(b) The requirement in division (A)(4)(a) of this section	2700
does not apply if eitherany of the following is the case:	2701

(i) The state board of pharmacy notifies the state medical	2702
board pursuant to section 4729.861 of the Revised Code that the	2703
applicant has been restricted from obtaining further information	2704
from the drug database.	2705

(ii) The state board of pharmacy no longer maintains the drug	2706
database.	2707

(iii) The applicant does not practice as a physician	2708
assistant in this state.	2709

(c) If an applicant certifies to the state medical board that	2710
the applicant has been granted access to the drug database and the	2711
board finds through an audit or other means that the applicant has	2712
not been granted access, the board may take action under section	2713
4730.25 of the Revised Code.	2714

(5) Each application for renewal of a certificate to	2715
prescribe shall be accompanied by a biennial renewal fee of fifty	2716
dollars. The board shall deposit the fees in accordance with	2717
section 4731.24 of the Revised Code.	2718

(6) The applicant shall report any criminal offense that	2719
constitutes grounds under section 4730.25 of the Revised Code for	2720
refusing to issue a certificate to prescribe to which the	2721
applicant has pleaded guilty, of which the applicant has been	2722
found guilty, or for which the applicant has been found eligible	2723
for intervention in lieu of conviction, since last signing an	2724
application for a certificate to prescribe.	2725

(B) The board shall review all renewal applications received.	2726
If an applicant submits a complete renewal application and meets	2727
the requirements for renewal specified in section 4730.49 of the	2728
Revised Code, the board shall issue to the applicant a renewed	2729
certificate to prescribe.	2730

Sec. 4731.22.  (A) The state medical board, by an affirmative	2731
vote of not fewer than six of its members, may limit, revoke, or	2732
suspend an individual's certificate to practice, refuse to grant a	2733
certificate to an individual, refuse to register an individual,	2734
refuse to reinstate a certificate, or reprimand or place on	2735
probation the holder of a certificate if the individual or	2736
certificate holder is found by the board to have committed fraud	2737
during the administration of the examination for a certificate to	2738
practice or to have committed fraud, misrepresentation, or	2739
deception in applying for or securing any certificate to practice	2740
or certificate of registration issued by the board.	2741

(B) The board, by an affirmative vote of not fewer than six	2742
members, shall, to the extent permitted by law, limit, revoke, or	2743
suspend an individual's certificate to practice, refuse to	2744
register an individual, refuse to reinstate a certificate, or	2745
reprimand or place on probation the holder of a certificate for	2746
one or more of the following reasons:	2747

(1) Permitting one's name or one's certificate to practice or	2748
certificate of registration to be used by a person, group, or	2749
corporation when the individual concerned is not actually	2750
directing the treatment given;	2751

(2) Failure to maintain minimal standards applicable to the	2752
selection or administration of drugs, or failure to employ	2753
acceptable scientific methods in the selection of drugs or other	2754
modalities for treatment of disease;	2755

(3) Selling, giving away, personally furnishing, prescribing,	2756
or administering drugs for other than legal and legitimate	2757
therapeutic purposes or a plea of guilty to, a judicial finding of	2758
guilt of, or a judicial finding of eligibility for intervention in	2759
lieu of conviction of, a violation of any federal or state law	2760
regulating the possession, distribution, or use of any drug;	2761

(4) Willfully betraying a professional confidence.

2762

For purposes of this division, "willfully betraying a	2763
professional confidence" does not include providing any	2764
information, documents, or reports to a child fatality review	2765
board under sections 307.621 to 307.629 of the Revised Code and	2766
does not include the making of a report of an employee's use of a	2767
drug of abuse, or a report of a condition of an employee other	2768
than one involving the use of a drug of abuse, to the employer of	2769
the employee as described in division (B) of section 2305.33 of	2770
the Revised Code. Nothing in this division affects the immunity	2771
from civil liability conferred by that section upon a physician	2772
who makes either type of report in accordance with division (B) of	2773
that section. As used in this division, "employee," "employer,"	2774
and "physician" have the same meanings as in section 2305.33 of	2775
the Revised Code.	2776

(5) Making a false, fraudulent, deceptive, or misleading	2777
statement in the solicitation of or advertising for patients; in	2778
relation to the practice of medicine and surgery, osteopathic	2779
medicine and surgery, podiatric medicine and surgery, or a limited	2780
branch of medicine; or in securing or attempting to secure any	2781
certificate to practice or certificate of registration issued by	2782
the board.	2783

As used in this division, "false, fraudulent, deceptive, or	2784
misleading statement" means a statement that includes a	2785
misrepresentation of fact, is likely to mislead or deceive because	2786
of a failure to disclose material facts, is intended or is likely	2787
to create false or unjustified expectations of favorable results,	2788
or includes representations or implications that in reasonable	2789
probability will cause an ordinarily prudent person to	2790
misunderstand or be deceived.	2791

(6) A departure from, or the failure to conform to, minimal	2792
standards of care of similar practitioners under the same or	2793
similar circumstances, whether or not actual injury to a patient	2794
is established;	2795

(7) Representing, with the purpose of obtaining compensation	2796
or other advantage as personal gain or for any other person, that	2797
an incurable disease or injury, or other incurable condition, can	2798
be permanently cured;	2799

(8) The obtaining of, or attempting to obtain, money or	2800
anything of value by fraudulent misrepresentations in the course	2801
of practice;	2802

(9) A plea of guilty to, a judicial finding of guilt of, or a	2803
judicial finding of eligibility for intervention in lieu of	2804
conviction for, a felony;	2805

(10) Commission of an act that constitutes a felony in this	2806
state, regardless of the jurisdiction in which the act was	2807
committed;	2808

(11) A plea of guilty to, a judicial finding of guilt of, or	2809
a judicial finding of eligibility for intervention in lieu of	2810
conviction for, a misdemeanor committed in the course of practice;	2811

(12) Commission of an act in the course of practice that	2812
constitutes a misdemeanor in this state, regardless of the	2813
jurisdiction in which the act was committed;	2814

(13) A plea of guilty to, a judicial finding of guilt of, or	2815
a judicial finding of eligibility for intervention in lieu of	2816
conviction for, a misdemeanor involving moral turpitude;	2817

(14) Commission of an act involving moral turpitude that	2818
constitutes a misdemeanor in this state, regardless of the	2819
jurisdiction in which the act was committed;	2820

(15) Violation of the conditions of limitation placed by the	2821
board upon a certificate to practice;	2822

(16) Failure to pay license renewal fees specified in this	2823
chapter;	2824

(17) Except as authorized in section 4731.31 of the Revised	2825
Code, engaging in the division of fees for referral of patients,	2826
or the receiving of a thing of value in return for a specific	2827
referral of a patient to utilize a particular service or business;	2828

(18) Subject to section 4731.226 of the Revised Code,	2829
violation of any provision of a code of ethics of the American	2830
medical association, the American osteopathic association, the	2831
American podiatric medical association, or any other national	2832
professional organizations that the board specifies by rule. The	2833
state medical board shall obtain and keep on file current copies	2834
of the codes of ethics of the various national professional	2835
organizations. The individual whose certificate is being suspended	2836
or revoked shall not be found to have violated any provision of a	2837
code of ethics of an organization not appropriate to the	2838
individual's profession.	2839

For purposes of this division, a "provision of a code of	2840
ethics of a national professional organization" does not include	2841
any provision that would preclude the making of a report by a	2842
physician of an employee's use of a drug of abuse, or of a	2843
condition of an employee other than one involving the use of a	2844
drug of abuse, to the employer of the employee as described in	2845
division (B) of section 2305.33 of the Revised Code. Nothing in	2846
this division affects the immunity from civil liability conferred	2847
by that section upon a physician who makes either type of report	2848
in accordance with division (B) of that section. As used in this	2849
division, "employee," "employer," and "physician" have the same	2850
meanings as in section 2305.33 of the Revised Code.	2851

(19) Inability to practice according to acceptable and	2852
prevailing standards of care by reason of mental illness or	2853
physical illness, including, but not limited to, physical	2854
deterioration that adversely affects cognitive, motor, or	2855
perceptive skills.	2856

In enforcing this division, the board, upon a showing of a	2857
possible violation, may compel any individual authorized to	2858
practice by this chapter or who has submitted an application	2859
pursuant to this chapter to submit to a mental examination,	2860
physical examination, including an HIV test, or both a mental and	2861
a physical examination. The expense of the examination is the	2862
responsibility of the individual compelled to be examined. Failure	2863
to submit to a mental or physical examination or consent to an HIV	2864
test ordered by the board constitutes an admission of the	2865
allegations against the individual unless the failure is due to	2866
circumstances beyond the individual's control, and a default and	2867
final order may be entered without the taking of testimony or	2868
presentation of evidence. If the board finds an individual unable	2869
to practice because of the reasons set forth in this division, the	2870
board shall require the individual to submit to care, counseling,	2871
or treatment by physicians approved or designated by the board, as	2872
a condition for initial, continued, reinstated, or renewed	2873
authority to practice. An individual affected under this division	2874
shall be afforded an opportunity to demonstrate to the board the	2875
ability to resume practice in compliance with acceptable and	2876
prevailing standards under the provisions of the individual's	2877
certificate. For the purpose of this division, any individual who	2878
applies for or receives a certificate to practice under this	2879
chapter accepts the privilege of practicing in this state and, by	2880
so doing, shall be deemed to have given consent to submit to a	2881
mental or physical examination when directed to do so in writing	2882
by the board, and to have waived all objections to the	2883
admissibility of testimony or examination reports that constitute	2884
a privileged communication.	2885

(20) Except when civil penalties are imposed under section	2886
4731.225 or 4731.281 of the Revised Code, and subject to section	2887
4731.226 of the Revised Code, violating or attempting to violate,	2888
directly or indirectly, or assisting in or abetting the violation	2889
of, or conspiring to violate, any provisions of this chapter or	2890
any rule promulgated by the board.	2891

This division does not apply to a violation or attempted	2892
violation of, assisting in or abetting the violation of, or a	2893
conspiracy to violate, any provision of this chapter or any rule	2894
adopted by the board that would preclude the making of a report by	2895
a physician of an employee's use of a drug of abuse, or of a	2896
condition of an employee other than one involving the use of a	2897
drug of abuse, to the employer of the employee as described in	2898
division (B) of section 2305.33 of the Revised Code. Nothing in	2899
this division affects the immunity from civil liability conferred	2900
by that section upon a physician who makes either type of report	2901
in accordance with division (B) of that section. As used in this	2902
division, "employee," "employer," and "physician" have the same	2903
meanings as in section 2305.33 of the Revised Code.	2904

(21) The violation of section 3701.79 of the Revised Code or	2905
of any abortion rule adopted by the public health council pursuant	2906
to section 3701.341 of the Revised Code;	2907

(22) Any of the following actions taken by an agency	2908
responsible for authorizing, certifying, or regulating an	2909
individual to practice a health care occupation or provide health	2910
care services in this state or another jurisdiction, for any	2911
reason other than the nonpayment of fees: the limitation,	2912
revocation, or suspension of an individual's license to practice;	2913
acceptance of an individual's license surrender; denial of a	2914
license; refusal to renew or reinstate a license; imposition of	2915
probation; or issuance of an order of censure or other reprimand;	2916

(23) The violation of section 2919.12 of the Revised Code or	2917
the performance or inducement of an abortion upon a pregnant woman	2918
with actual knowledge that the conditions specified in division	2919
(B) of section 2317.56 of the Revised Code have not been satisfied	2920
or with a heedless indifference as to whether those conditions	2921
have been satisfied, unless an affirmative defense as specified in	2922
division (H)(2) of that section would apply in a civil action	2923
authorized by division (H)(1) of that section;	2924

(24) The revocation, suspension, restriction, reduction, or	2925
termination of clinical privileges by the United States department	2926
of defense or department of veterans affairs or the termination or	2927
suspension of a certificate of registration to prescribe drugs by	2928
the drug enforcement administration of the United States	2929
department of justice;	2930

(25) Termination or suspension from participation in the	2931
medicare or medicaid programs by the department of health and	2932
human services or other responsible agency for any act or acts	2933
that also would constitute a violation of division (B)(2), (3),	2934
(6), (8), or (19) of this section;	2935

(26) Impairment of ability to practice according to	2936
acceptable and prevailing standards of care because of habitual or	2937
excessive use or abuse of drugs, alcohol, or other substances that	2938
impair ability to practice.	2939

For the purposes of this division, any individual authorized	2940
to practice by this chapter accepts the privilege of practicing in	2941
this state subject to supervision by the board. By filing an	2942
application for or holding a certificate to practice under this	2943
chapter, an individual shall be deemed to have given consent to	2944
submit to a mental or physical examination when ordered to do so	2945
by the board in writing, and to have waived all objections to the	2946
admissibility of testimony or examination reports that constitute	2947
privileged communications.	2948

If it has reason to believe that any individual authorized to	2949
practice by this chapter or any applicant for certification to	2950
practice suffers such impairment, the board may compel the	2951
individual to submit to a mental or physical examination, or both.	2952
The expense of the examination is the responsibility of the	2953
individual compelled to be examined. Any mental or physical	2954
examination required under this division shall be undertaken by a	2955
treatment provider or physician who is qualified to conduct the	2956
examination and who is chosen by the board.	2957

Failure to submit to a mental or physical examination ordered	2958
by the board constitutes an admission of the allegations against	2959
the individual unless the failure is due to circumstances beyond	2960
the individual's control, and a default and final order may be	2961
entered without the taking of testimony or presentation of	2962
evidence. If the board determines that the individual's ability to	2963
practice is impaired, the board shall suspend the individual's	2964
certificate or deny the individual's application and shall require	2965
the individual, as a condition for initial, continued, reinstated,	2966
or renewed certification to practice, to submit to treatment.	2967

Before being eligible to apply for reinstatement of a	2968
certificate suspended under this division, the impaired	2969
practitioner shall demonstrate to the board the ability to resume	2970
practice in compliance with acceptable and prevailing standards of	2971
care under the provisions of the practitioner's certificate. The	2972
demonstration shall include, but shall not be limited to, the	2973
following:	2974

(a) Certification from a treatment provider approved under	2975
section 4731.25 of the Revised Code that the individual has	2976
successfully completed any required inpatient treatment;	2977

(b) Evidence of continuing full compliance with an aftercare	2978
contract or consent agreement;	2979

(c) Two written reports indicating that the individual's	2980
ability to practice has been assessed and that the individual has	2981
been found capable of practicing according to acceptable and	2982
prevailing standards of care. The reports shall be made by	2983
individuals or providers approved by the board for making the	2984
assessments and shall describe the basis for their determination.	2985

The board may reinstate a certificate suspended under this	2986
division after that demonstration and after the individual has	2987
entered into a written consent agreement.	2988

When the impaired practitioner resumes practice, the board	2989
shall require continued monitoring of the individual. The	2990
monitoring shall include, but not be limited to, compliance with	2991
the written consent agreement entered into before reinstatement or	2992
with conditions imposed by board order after a hearing, and, upon	2993
termination of the consent agreement, submission to the board for	2994
at least two years of annual written progress reports made under	2995
penalty of perjury stating whether the individual has maintained	2996
sobriety.	2997

(27) A second or subsequent violation of section 4731.66 or	2998
4731.69 of the Revised Code;	2999

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

3000

(a) Waiving the payment of all or any part of a deductible or	3001
copayment that a patient, pursuant to a health insurance or health	3002
care policy, contract, or plan that covers the individual's	3003
services, otherwise would be required to pay if the waiver is used	3004
as an enticement to a patient or group of patients to receive	3005
health care services from that individual;	3006

(b) Advertising that the individual will waive the payment of	3007
all or any part of a deductible or copayment that a patient,	3008
pursuant to a health insurance or health care policy, contract, or	3009
plan that covers the individual's services, otherwise would be	3010
required to pay.	3011

(29) Failure to use universal blood and body fluid	3012
precautions established by rules adopted under section 4731.051 of	3013
the Revised Code;	3014

(30) Failure to provide notice to, and receive acknowledgment	3015
of the notice from, a patient when required by section 4731.143 of	3016
the Revised Code prior to providing nonemergency professional	3017
services, or failure to maintain that notice in the patient's	3018
file;	3019

(31) Failure of a physician supervising a physician assistant	3020
to maintain supervision in accordance with the requirements of	3021
Chapter 4730. of the Revised Code and the rules adopted under that	3022
chapter;	3023

(32) Failure of a physician or podiatrist to enter into a	3024
standard care arrangement with a clinical nurse specialist,	3025
certified nurse-midwife, or certified nurse practitioner with whom	3026
the physician or podiatrist is in collaboration pursuant to	3027
section 4731.27 of the Revised Code or failure to fulfill the	3028
responsibilities of collaboration after entering into a standard	3029
care arrangement;	3030

(33) Failure to comply with the terms of a consult agreement	3031
entered into with a pharmacist pursuant to section 4729.39 of the	3032
Revised Code;	3033

(34) Failure to cooperate in an investigation conducted by	3034
the board under division (F) of this section, including failure to	3035
comply with a subpoena or order issued by the board or failure to	3036
answer truthfully a question presented by the board in an	3037
investigative interview, an investigative office conference, at a	3038
deposition, or in written interrogatories, except that failure to	3039
cooperate with an investigation shall not constitute grounds for	3040
discipline under this section if a court of competent jurisdiction	3041
has issued an order that either quashes a subpoena or permits the	3042
individual to withhold the testimony or evidence in issue;	3043

(35) Failure to supervise an oriental medicine practitioner	3044
or acupuncturist in accordance with Chapter 4762. of the Revised	3045
Code and the board's rules for providing that supervision;	3046

(36) Failure to supervise an anesthesiologist assistant in	3047
accordance with Chapter 4760. of the Revised Code and the board's	3048
rules for supervision of an anesthesiologist assistant;	3049

(37) Assisting suicide, as defined in section 3795.01 of the	3050
Revised Code;	3051

(38) Failure to comply with the requirements of section	3052
2317.561 of the Revised Code;	3053

(39) Failure to supervise a radiologist assistant in	3054
accordance with Chapter 4774. of the Revised Code and the board's	3055
rules for supervision of radiologist assistants;	3056

(40) Performing or inducing an abortion at an office or	3057
facility with knowledge that the office or facility fails to post	3058
the notice required under section 3701.791 of the Revised Code;	3059

(41) Failure to comply with the standards and procedures	3060
established in rules under section 4731.054 of the Revised Code	3061
for the operation of or the provision of care at a pain management	3062
clinic;	3063

(42) Failure to comply with the standards and procedures	3064
established in rules under section 4731.054 of the Revised Code	3065
for providing supervision, direction, and control of individuals	3066
at a pain management clinic;	3067

(43) Failure to comply with the requirements of section	3068
4729.79 of the Revised Code, unless the state board of pharmacy no	3069
longer maintains a drug database pursuant to section 4729.75 of	3070
the Revised Code;	3071

(44) Failure to comply with the requirements of section	3072
2919.171 of the Revised Code or failure to submit to the	3073
department of health in accordance with a court order a complete	3074
report as described in section 2919.171 of the Revised Code;	3075

(45) Practicing at a facility that is subject to licensure as	3076
a category III terminal distributor of dangerous drugs with a pain	3077
management clinic classification unless the person operating the	3078
facility has obtained and maintains the license with the	3079
classification;	3080

(46) Owning a facility that is subject to licensure as a	3081
category III terminal distributor of dangerous drugs with a pain	3082
management clinic classification unless the facility is licensed	3083
with the classification;	3084

(47) Failure to comply with the requirement regarding	3085
maintaining notes described in division (B) of section 2919.191 of	3086
the Revised Code or failure to satisfy the requirements of section	3087
2919.191 of the Revised Code prior to performing or inducing an	3088
abortion upon a pregnant woman;	3089

(48) Failure to comply with the requirements in section	3090
3719.061 of the Revised Code before issuing tofor a minor a	3091
prescription for a controlled substance containing an opioid	3092
analgesic, as defined in section 3719.01 of the Revised Code.	3093

(C) Disciplinary actions taken by the board under divisions	3094
(A) and (B) of this section shall be taken pursuant to an	3095
adjudication under Chapter 119. of the Revised Code, except that	3096
in lieu of an adjudication, the board may enter into a consent	3097
agreement with an individual to resolve an allegation of a	3098
violation of this chapter or any rule adopted under it. A consent	3099
agreement, when ratified by an affirmative vote of not fewer than	3100
six members of the board, shall constitute the findings and order	3101
of the board with respect to the matter addressed in the	3102
agreement. If the board refuses to ratify a consent agreement, the	3103
admissions and findings contained in the consent agreement shall	3104
be of no force or effect.	3105

A telephone conference call may be utilized for ratification	3106
of a consent agreement that revokes or suspends an individual's	3107
certificate to practice. The telephone conference call shall be	3108
considered a special meeting under division (F) of section 121.22	3109
of the Revised Code.	3110

If the board takes disciplinary action against an individual	3111
under division (B) of this section for a second or subsequent plea	3112
of guilty to, or judicial finding of guilt of, a violation of	3113
section 2919.123 of the Revised Code, the disciplinary action	3114
shall consist of a suspension of the individual's certificate to	3115
practice for a period of at least one year or, if determined	3116
appropriate by the board, a more serious sanction involving the	3117
individual's certificate to practice. Any consent agreement	3118
entered into under this division with an individual that pertains	3119
to a second or subsequent plea of guilty to, or judicial finding	3120
of guilt of, a violation of that section shall provide for a	3121
suspension of the individual's certificate to practice for a	3122
period of at least one year or, if determined appropriate by the	3123
board, a more serious sanction involving the individual's	3124
certificate to practice.	3125

(D) For purposes of divisions (B)(10), (12), and (14) of this	3126
section, the commission of the act may be established by a finding	3127
by the board, pursuant to an adjudication under Chapter 119. of	3128
the Revised Code, that the individual committed the act. The board	3129
does not have jurisdiction under those divisions if the trial	3130
court renders a final judgment in the individual's favor and that	3131
judgment is based upon an adjudication on the merits. The board	3132
has jurisdiction under those divisions if the trial court issues	3133
an order of dismissal upon technical or procedural grounds.	3134

(E) The sealing of conviction records by any court shall have	3135
no effect upon a prior board order entered under this section or	3136
upon the board's jurisdiction to take action under this section	3137
if, based upon a plea of guilty, a judicial finding of guilt, or a	3138
judicial finding of eligibility for intervention in lieu of	3139
conviction, the board issued a notice of opportunity for a hearing	3140
prior to the court's order to seal the records. The board shall	3141
not be required to seal, destroy, redact, or otherwise modify its	3142
records to reflect the court's sealing of conviction records.	3143

(F)(1) The board shall investigate evidence that appears to	3144
show that a person has violated any provision of this chapter or	3145
any rule adopted under it. Any person may report to the board in a	3146
signed writing any information that the person may have that	3147
appears to show a violation of any provision of this chapter or	3148
any rule adopted under it. In the absence of bad faith, any person	3149
who reports information of that nature or who testifies before the	3150
board in any adjudication conducted under Chapter 119. of the	3151
Revised Code shall not be liable in damages in a civil action as a	3152
result of the report or testimony. Each complaint or allegation of	3153
a violation received by the board shall be assigned a case number	3154
and shall be recorded by the board.	3155

(2) Investigations of alleged violations of this chapter or	3156
any rule adopted under it shall be supervised by the supervising	3157
member elected by the board in accordance with section 4731.02 of	3158
the Revised Code and by the secretary as provided in section	3159
4731.39 of the Revised Code. The president may designate another	3160
member of the board to supervise the investigation in place of the	3161
supervising member. No member of the board who supervises the	3162
investigation of a case shall participate in further adjudication	3163
of the case.	3164

(3) In investigating a possible violation of this chapter or	3165
any rule adopted under this chapter, or in conducting an	3166
inspection under division (E) of section 4731.054 of the Revised	3167
Code, the board may question witnesses, conduct interviews,	3168
administer oaths, order the taking of depositions, inspect and	3169
copy any books, accounts, papers, records, or documents, issue	3170
subpoenas, and compel the attendance of witnesses and production	3171
of books, accounts, papers, records, documents, and testimony,	3172
except that a subpoena for patient record information shall not be	3173
issued without consultation with the attorney general's office and	3174
approval of the secretary and supervising member of the board.	3175

(a) Before issuance of a subpoena for patient record	3176
information, the secretary and supervising member shall determine	3177
whether there is probable cause to believe that the complaint	3178
filed alleges a violation of this chapter or any rule adopted	3179
under it and that the records sought are relevant to the alleged	3180
violation and material to the investigation. The subpoena may	3181
apply only to records that cover a reasonable period of time	3182
surrounding the alleged violation.	3183

(b) On failure to comply with any subpoena issued by the	3184
board and after reasonable notice to the person being subpoenaed,	3185
the board may move for an order compelling the production of	3186
persons or records pursuant to the Rules of Civil Procedure.	3187

(c) A subpoena issued by the board may be served by a	3188
sheriff, the sheriff's deputy, or a board employee designated by	3189
the board. Service of a subpoena issued by the board may be made	3190
by delivering a copy of the subpoena to the person named therein,	3191
reading it to the person, or leaving it at the person's usual	3192
place of residence, usual place of business, or address on file	3193
with the board. When serving a subpoena to an applicant for or the	3194
holder of a certificate issued under this chapter, service of the	3195
subpoena may be made by certified mail, return receipt requested,	3196
and the subpoena shall be deemed served on the date delivery is	3197
made or the date the person refuses to accept delivery. If the	3198
person being served refuses to accept the subpoena or is not	3199
located, service may be made to an attorney who notifies the board	3200
that the attorney is representing the person.	3201

(d) A sheriff's deputy who serves a subpoena shall receive	3202
the same fees as a sheriff. Each witness who appears before the	3203
board in obedience to a subpoena shall receive the fees and	3204
mileage provided for under section 119.094 of the Revised Code.	3205

(4) All hearings, investigations, and inspections of the	3206
board shall be considered civil actions for the purposes of	3207
section 2305.252 of the Revised Code.	3208

(5) A report required to be submitted to the board under this	3209
chapter, a complaint, or information received by the board	3210
pursuant to an investigation or pursuant to an inspection under	3211
division (E) of section 4731.054 of the Revised Code is	3212
confidential and not subject to discovery in any civil action.	3213

The board shall conduct all investigations or inspections and	3214
proceedings in a manner that protects the confidentiality of	3215
patients and persons who file complaints with the board. The board	3216
shall not make public the names or any other identifying	3217
information about patients or complainants unless proper consent	3218
is given or, in the case of a patient, a waiver of the patient	3219
privilege exists under division (B) of section 2317.02 of the	3220
Revised Code, except that consent or a waiver of that nature is	3221
not required if the board possesses reliable and substantial	3222
evidence that no bona fide physician-patient relationship exists.	3223

The board may share any information it receives pursuant to	3224
an investigation or inspection, including patient records and	3225
patient record information, with law enforcement agencies, other	3226
licensing boards, and other governmental agencies that are	3227
prosecuting, adjudicating, or investigating alleged violations of	3228
statutes or administrative rules. An agency or board that receives	3229
the information shall comply with the same requirements regarding	3230
confidentiality as those with which the state medical board must	3231
comply, notwithstanding any conflicting provision of the Revised	3232
Code or procedure of the agency or board that applies when it is	3233
dealing with other information in its possession. In a judicial	3234
proceeding, the information may be admitted into evidence only in	3235
accordance with the Rules of Evidence, but the court shall require	3236
that appropriate measures are taken to ensure that confidentiality	3237
is maintained with respect to any part of the information that	3238
contains names or other identifying information about patients or	3239
complainants whose confidentiality was protected by the state	3240
medical board when the information was in the board's possession.	3241
Measures to ensure confidentiality that may be taken by the court	3242
include sealing its records or deleting specific information from	3243
its records.	3244

(6) On a quarterly basis, the board shall prepare a report	3245
that documents the disposition of all cases during the preceding	3246
three months. The report shall contain the following information	3247
for each case with which the board has completed its activities:	3248

(a) The case number assigned to the complaint or alleged	3249
violation;	3250

(b) The type of certificate to practice, if any, held by the	3251
individual against whom the complaint is directed;	3252

(c) A description of the allegations contained in the	3253
complaint;	3254

(d) The disposition of the case.

3255

The report shall state how many cases are still pending and	3256
shall be prepared in a manner that protects the identity of each	3257
person involved in each case. The report shall be a public record	3258
under section 149.43 of the Revised Code.	3259

(G) If the secretary and supervising member determine both of	3260
the following, they may recommend that the board suspend an	3261
individual's certificate to practice without a prior hearing:	3262

(1) That there is clear and convincing evidence that an	3263
individual has violated division (B) of this section;	3264

(2) That the individual's continued practice presents a	3265
danger of immediate and serious harm to the public.	3266

Written allegations shall be prepared for consideration by	3267
the board. The board, upon review of those allegations and by an	3268
affirmative vote of not fewer than six of its members, excluding	3269
the secretary and supervising member, may suspend a certificate	3270
without a prior hearing. A telephone conference call may be	3271
utilized for reviewing the allegations and taking the vote on the	3272
summary suspension.	3273

The board shall issue a written order of suspension by	3274
certified mail or in person in accordance with section 119.07 of	3275
the Revised Code. The order shall not be subject to suspension by	3276
the court during pendency of any appeal filed under section 119.12	3277
of the Revised Code. If the individual subject to the summary	3278
suspension requests an adjudicatory hearing by the board, the date	3279
set for the hearing shall be within fifteen days, but not earlier	3280
than seven days, after the individual requests the hearing, unless	3281
otherwise agreed to by both the board and the individual.	3282

Any summary suspension imposed under this division shall	3283
remain in effect, unless reversed on appeal, until a final	3284
adjudicative order issued by the board pursuant to this section	3285
and Chapter 119. of the Revised Code becomes effective. The board	3286
shall issue its final adjudicative order within seventy-five days	3287
after completion of its hearing. A failure to issue the order	3288
within seventy-five days shall result in dissolution of the	3289
summary suspension order but shall not invalidate any subsequent,	3290
final adjudicative order.	3291

(H) If the board takes action under division (B)(9), (11), or	3292
(13) of this section and the judicial finding of guilt, guilty	3293
plea, or judicial finding of eligibility for intervention in lieu	3294
of conviction is overturned on appeal, upon exhaustion of the	3295
criminal appeal, a petition for reconsideration of the order may	3296
be filed with the board along with appropriate court documents.	3297
Upon receipt of a petition of that nature and supporting court	3298
documents, the board shall reinstate the individual's certificate	3299
to practice. The board may then hold an adjudication under Chapter	3300
119. of the Revised Code to determine whether the individual	3301
committed the act in question. Notice of an opportunity for a	3302
hearing shall be given in accordance with Chapter 119. of the	3303
Revised Code. If the board finds, pursuant to an adjudication held	3304
under this division, that the individual committed the act or if	3305
no hearing is requested, the board may order any of the sanctions	3306
identified under division (B) of this section.	3307

(I) The certificate to practice issued to an individual under	3308
this chapter and the individual's practice in this state are	3309
automatically suspended as of the date of the individual's second	3310
or subsequent plea of guilty to, or judicial finding of guilt of,	3311
a violation of section 2919.123 of the Revised Code, or the date	3312
the individual pleads guilty to, is found by a judge or jury to be	3313
guilty of, or is subject to a judicial finding of eligibility for	3314
intervention in lieu of conviction in this state or treatment or	3315
intervention in lieu of conviction in another jurisdiction for any	3316
of the following criminal offenses in this state or a	3317
substantially equivalent criminal offense in another jurisdiction:	3318
aggravated murder, murder, voluntary manslaughter, felonious	3319
assault, kidnapping, rape, sexual battery, gross sexual	3320
imposition, aggravated arson, aggravated robbery, or aggravated	3321
burglary. Continued practice after suspension shall be considered	3322
practicing without a certificate.	3323

The board shall notify the individual subject to the	3324
suspension by certified mail or in person in accordance with	3325
section 119.07 of the Revised Code. If an individual whose	3326
certificate is automatically suspended under this division fails	3327
to make a timely request for an adjudication under Chapter 119. of	3328
the Revised Code, the board shall do whichever of the following is	3329
applicable:	3330

(1) If the automatic suspension under this division is for a	3331
second or subsequent plea of guilty to, or judicial finding of	3332
guilt of, a violation of section 2919.123 of the Revised Code, the	3333
board shall enter an order suspending the individual's certificate	3334
to practice for a period of at least one year or, if determined	3335
appropriate by the board, imposing a more serious sanction	3336
involving the individual's certificate to practice.	3337

(2) In all circumstances in which division (I)(1) of this	3338
section does not apply, enter a final order permanently revoking	3339
the individual's certificate to practice.	3340

(J) If the board is required by Chapter 119. of the Revised	3341
Code to give notice of an opportunity for a hearing and if the	3342
individual subject to the notice does not timely request a hearing	3343
in accordance with section 119.07 of the Revised Code, the board	3344
is not required to hold a hearing, but may adopt, by an	3345
affirmative vote of not fewer than six of its members, a final	3346
order that contains the board's findings. In that final order, the	3347
board may order any of the sanctions identified under division (A)	3348
or (B) of this section.	3349

(K) Any action taken by the board under division (B) of this	3350
section resulting in a suspension from practice shall be	3351
accompanied by a written statement of the conditions under which	3352
the individual's certificate to practice may be reinstated. The	3353
board shall adopt rules governing conditions to be imposed for	3354
reinstatement. Reinstatement of a certificate suspended pursuant	3355
to division (B) of this section requires an affirmative vote of	3356
not fewer than six members of the board.	3357

(L) When the board refuses to grant a certificate to an	3358
applicant, revokes an individual's certificate to practice,	3359
refuses to register an applicant, or refuses to reinstate an	3360
individual's certificate to practice, the board may specify that	3361
its action is permanent. An individual subject to a permanent	3362
action taken by the board is forever thereafter ineligible to hold	3363
a certificate to practice and the board shall not accept an	3364
application for reinstatement of the certificate or for issuance	3365
of a new certificate.	3366

(M) Notwithstanding any other provision of the Revised Code,	3367
all of the following apply:	3368

(1) The surrender of a certificate issued under this chapter	3369
shall not be effective unless or until accepted by the board. A	3370
telephone conference call may be utilized for acceptance of the	3371
surrender of an individual's certificate to practice. The	3372
telephone conference call shall be considered a special meeting	3373
under division (F) of section 121.22 of the Revised Code.	3374
Reinstatement of a certificate surrendered to the board requires	3375
an affirmative vote of not fewer than six members of the board.	3376

(2) An application for a certificate made under the	3377
provisions of this chapter may not be withdrawn without approval	3378
of the board.	3379

(3) Failure by an individual to renew a certificate of	3380
registration in accordance with this chapter shall not remove or	3381
limit the board's jurisdiction to take any disciplinary action	3382
under this section against the individual.	3383

(4) At the request of the board, a certificate holder shall	3384
immediately surrender to the board a certificate that the board	3385
has suspended, revoked, or permanently revoked.	3386

(N) Sanctions shall not be imposed under division (B)(28) of	3387
this section against any person who waives deductibles and	3388
copayments as follows:	3389

(1) In compliance with the health benefit plan that expressly	3390
allows such a practice. Waiver of the deductibles or copayments	3391
shall be made only with the full knowledge and consent of the plan	3392
purchaser, payer, and third-party administrator. Documentation of	3393
the consent shall be made available to the board upon request.	3394

(2) For professional services rendered to any other person	3395
authorized to practice pursuant to this chapter, to the extent	3396
allowed by this chapter and rules adopted by the board.	3397

(O) Under the board's investigative duties described in this	3398
section and subject to division (F) of this section, the board	3399
shall develop and implement a quality intervention program	3400
designed to improve through remedial education the clinical and	3401
communication skills of individuals authorized under this chapter	3402
to practice medicine and surgery, osteopathic medicine and	3403
surgery, and podiatric medicine and surgery. In developing and	3404
implementing the quality intervention program, the board may do	3405
all of the following:	3406

(1) Offer in appropriate cases as determined by the board an	3407
educational and assessment program pursuant to an investigation	3408
the board conducts under this section;	3409

(2) Select providers of educational and assessment services,	3410
including a quality intervention program panel of case reviewers;	3411

(3) Make referrals to educational and assessment service	3412
providers and approve individual educational programs recommended	3413
by those providers. The board shall monitor the progress of each	3414
individual undertaking a recommended individual educational	3415
program.	3416

(4) Determine what constitutes successful completion of an	3417
individual educational program and require further monitoring of	3418
the individual who completed the program or other action that the	3419
board determines to be appropriate;	3420

(5) Adopt rules in accordance with Chapter 119. of the	3421
Revised Code to further implement the quality intervention	3422
program.	3423

An individual who participates in an individual educational	3424
program pursuant to this division shall pay the financial	3425
obligations arising from that educational program.	3426

Sec. 4731.281.  (A) On or before the deadline established	3427
under division (B) of this section for applying for renewal of a	3428
certificate of registration, each person holding a certificate	3429
under this chapter to practice medicine and surgery, osteopathic	3430
medicine and surgery, or podiatric medicine and surgery shall	3431
certify to the state medical board that in the preceding two years	3432
the person has completed one hundred hours of continuing medical	3433
education. The certification shall be made upon the application	3434
for biennial registration submitted pursuant to division (B) of	3435
this section. The board shall adopt rules providing for pro rata	3436
reductions by month of the number of hours of continuing education	3437
required for persons who are in their first registration period,	3438
who have been disabled due to illness or accident, or who have	3439
been absent from the country.	3440

In determining whether a course, program, or activity	3441
qualifies for credit as continuing medical education, the board	3442
shall approve all continuing medical education taken by persons	3443
holding a certificate to practice medicine and surgery that is	3444
certified by the Ohio state medical association, all continuing	3445
medical education taken by persons holding a certificate to	3446
practice osteopathic medicine and surgery that is certified by the	3447
Ohio osteopathic association, and all continuing medical education	3448
taken by persons holding a certificate to practice podiatric	3449
medicine and surgery that is certified by the Ohio podiatric	3450
medical association. Each person holding a certificate to practice	3451
under this chapter shall be given sufficient choice of continuing	3452
education programs to ensure that the person has had a reasonable	3453
opportunity to participate in continuing education programs that	3454
are relevant to the person's medical practice in terms of subject	3455
matter and level.	3456

The board may require a random sample of persons holding a	3457
certificate to practice under this chapter to submit materials	3458
documenting completion of the continuing medical education	3459
requirement during the preceding registration period, but this	3460
provision shall not limit the board's authority to investigate	3461
pursuant to section 4731.22 of the Revised Code.	3462

(B)(1) Every person holding a certificate under this chapter	3463
to practice medicine and surgery, osteopathic medicine and	3464
surgery, or podiatric medicine and surgery wishing to renew that	3465
certificate shall apply to the board for a certificate of	3466
registration upon an application furnished by the board, and pay	3467
to the board at the time of application a fee of three hundred	3468
five dollars, according to the following schedule:	3469

(a) Persons whose last name begins with the letters "A"	3470
through "B," on or before April 1, 2001, and the first day of	3471
April of every odd-numbered year thereafter;	3472

(b) Persons whose last name begins with the letters "C"	3473
through "D," on or before January 1, 2001, and the first day of	3474
January of every odd-numbered year thereafter;	3475

(c) Persons whose last name begins with the letters "E"	3476
through "G," on or before October 1, 2000, and the first day of	3477
October of every even-numbered year thereafter;	3478

(d) Persons whose last name begins with the letters "H"	3479
through "K," on or before July 1, 2000, and the first day of July	3480
of every even-numbered year thereafter;	3481

(e) Persons whose last name begins with the letters "L"	3482
through "M," on or before April 1, 2000, and the first day of	3483
April of every even-numbered year thereafter;	3484

(f) Persons whose last name begins with the letters "N"	3485
through "R," on or before January 1, 2000, and the first day of	3486
January of every even-numbered year thereafter;	3487

(g) Persons whose last name begins with the letter "S," on or	3488
before October 1, 1999, and the first day of October of every	3489
odd-numbered year thereafter;	3490

(h) Persons whose last name begins with the letters "T"	3491
through "Z," on or before July 1, 1999, and the first day of July	3492
of every odd-numbered year thereafter.	3493

The board shall deposit the fee in accordance with section	3494
4731.24 of the Revised Code, except that the board shall deposit	3495
twenty dollars of the fee into the state treasury to the credit of	3496
the physician loan repayment fund created by section 3702.78 of	3497
the Revised Code.	3498

(2) The board shall mail or cause to be mailed to every	3499
person registered to practice medicine and surgery, osteopathic	3500
medicine and surgery, or podiatric medicine and surgery, a notice	3501
of registration renewal addressed to the person's last known	3502
address or may cause the notice to be sent to the person through	3503
the secretary of any recognized medical, osteopathic, or podiatric	3504
society, according to the following schedule:	3505

(a) To persons whose last name begins with the letters "A"	3506
through "B," on or before January 1, 2001, and the first day of	3507
January of every odd-numbered year thereafter;	3508

(b) To persons whose last name begins with the letters "C"	3509
through "D," on or before October 1, 2000, and the first day of	3510
October of every even-numbered year thereafter;	3511

(c) To persons whose last name begins with the letters "E"	3512
through "G," on or before July 1, 2000, and the first day of July	3513
of every even-numbered year thereafter;	3514

(d) To persons whose last name begins with the letters "H"	3515
through "K," on or before April 1, 2000, and the first day of	3516
April of every even-numbered year thereafter;	3517

(e) To persons whose last name begins with the letters "L"	3518
through "M," on or before January 1, 2000, and the first day of	3519
January of every even-numbered year thereafter;	3520

(f) To persons whose last name begins with the letters "N"	3521
through "R," on or before October 1, 1999, and the first day of	3522
October of every odd-numbered year thereafter;	3523

(g) To persons whose last name begins with the letter "S," on	3524
or before July 1, 1999, and the first day of July of every	3525
odd-numbered year thereafter;	3526

(h) To persons whose last name begins with the letters "T"	3527
through "Z," on or before April 1, 1999, and the first day of	3528
April of every odd-numbered year thereafter.	3529

(3) Failure of any person to receive a notice of renewal from	3530
the board shall not excuse the person from the requirements	3531
contained in this section.	3532

(4) The board's notice shall inform the applicant of the	3533
renewal procedure. The board shall provide the application for	3534
registration renewal in a form determined by the board.	3535

(5) The applicant shall provide in the application the	3536
applicant's full name, principal practice address and residence	3537
address, the number of the applicant's certificate to practice,	3538
and any other information required by the board.	3539

(6)(a) Except as provided in division (B)(6)(b) of this	3540
section, in the case of an applicant who prescribes or personally	3541
furnishes opioid analgesics or benzodiazepines, as defined in	3542
section 3719.01 of the Revised Code, the applicant shall certify	3543
to the board whether the applicant has been granted access to the	3544
drug database established and maintained by the state board of	3545
pharmacy pursuant to section 4729.75 of the Revised Code.	3546

(b) The requirement in division (B)(6)(a) of this section	3547
does not apply if eitherany of the following is the case:	3548

(i) The state board of pharmacy notifies the state medical	3549
board pursuant to section 4729.861 of the Revised Code that the	3550
applicant has been restricted from obtaining further information	3551
from the drug database.	3552

(ii) The state board of pharmacy no longer maintains the drug	3553
database.	3554

(iii) The applicant does not practice medicine and surgery,	3555
osteopathic medicine and surgery, or podiatric medicine and	3556
surgery in this state.	3557

(c) If an applicant certifies to the state medical board that	3558
the applicant has been granted access to the drug database and the	3559
board finds through an audit or other means that the applicant has	3560
not been granted access, the board may take action under section	3561
4731.22 of the Revised Code.	3562

(7) The applicant shall include with the application a list	3563
of the names and addresses of any clinical nurse specialists,	3564
certified nurse-midwives, or certified nurse practitioners with	3565
whom the applicant is currently collaborating, as defined in	3566
section 4723.01 of the Revised Code. Every person registered under	3567
this section shall give written notice to the state medical board	3568
of any change of principal practice address or residence address	3569
or in the list within thirty days of the change.	3570

(8) The applicant shall report any criminal offense to which	3571
the applicant has pleaded guilty, of which the applicant has been	3572
found guilty, or for which the applicant has been found eligible	3573
for intervention in lieu of conviction, since last filing an	3574
application for a certificate of registration.	3575

(9) The applicant shall execute and deliver the application	3576
to the board in a manner prescribed by the board.	3577

(C) The board shall issue to any person holding a certificate	3578
under this chapter to practice medicine and surgery, osteopathic	3579
medicine and surgery, or podiatric medicine and surgery, upon	3580
application and qualification therefor in accordance with this	3581
section, a certificate of registration under the seal of the	3582
board. A certificate of registration shall be valid for a two-year	3583
period.	3584

(D) Failure of any certificate holder to register and comply	3585
with this section shall operate automatically to suspend the	3586
holder's certificate to practice. Continued practice after the	3587
suspension of the certificate to practice shall be considered as	3588
practicing in violation of section 4731.41, 4731.43, or 4731.60 of	3589
the Revised Code. If the certificate has been suspended pursuant	3590
to this division for two years or less, it may be reinstated. The	3591
board shall reinstate a certificate to practice suspended for	3592
failure to register upon an applicant's submission of a renewal	3593
application, the biennial registration fee, and the applicable	3594
monetary penalty. The penalty for reinstatement shall be fifty	3595
dollars. If the certificate has been suspended pursuant to this	3596
division for more than two years, it may be restored. Subject to	3597
section 4731.222 of the Revised Code, the board may restore a	3598
certificate to practice suspended for failure to register upon an	3599
applicant's submission of a restoration application, the biennial	3600
registration fee, and the applicable monetary penalty and	3601
compliance with sections 4776.01 to 4776.04 of the Revised Code.	3602
The board shall not restore to an applicant a certificate to	3603
practice unless the board, in its discretion, decides that the	3604
results of the criminal records check do not make the applicant	3605
ineligible for a certificate issued pursuant to section 4731.14,	3606
4731.56, or 4731.57 of the Revised Code. The penalty for	3607
restoration shall be one hundred dollars. The board shall deposit	3608
the penalties in accordance with section 4731.24 of the Revised	3609
Code.	3610

(E) If an individual certifies completion of the number of	3611
hours and type of continuing medical education required to receive	3612
a certificate of registration or reinstatement of a certificate to	3613
practice, and the board finds through the random samples it	3614
conducts under this section or through any other means that the	3615
individual did not complete the requisite continuing medical	3616
education, the board may impose a civil penalty of not more than	3617
five thousand dollars. The board's finding shall be made pursuant	3618
to an adjudication under Chapter 119. of the Revised Code and by	3619
an affirmative vote of not fewer than six members.	3620

A civil penalty imposed under this division may be in	3621
addition to or in lieu of any other action the board may take	3622
under section 4731.22 of the Revised Code. The board shall deposit	3623
civil penalties in accordance with section 4731.24 of the Revised	3624
Code.	3625

(F) The state medical board may obtain information not	3626
protected by statutory or common law privilege from courts and	3627
other sources concerning malpractice claims against any person	3628
holding a certificate to practice under this chapter or practicing	3629
as provided in section 4731.36 of the Revised Code.	3630

(G) Each mailing sent by the board under division (B)(2) of	3631
this section to a person registered to practice medicine and	3632
surgery or osteopathic medicine and surgery shall inform the	3633
applicant of the reporting requirement established by division (H)	3634
of section 3701.79 of the Revised Code. At the discretion of the	3635
board, the information may be included on the application for	3636
registration or on an accompanying page.	3637

Sec. 4773.03.  (A) Each individual seeking a license to	3638
practice as a general x-ray machine operator, radiographer,	3639
radiation therapy technologist, or nuclear medicine technologist	3640
shall apply to the department of health on a form the department	3641
shall prescribe and provide. The application shall be accompanied	3642
by the appropriate license application fee established in rules	3643
adopted under section 4773.08 of the Revised Code.	3644

(B) The department shall review all applications received and	3645
issue the appropriate general x-ray machine operator,	3646
radiographer, radiation therapy technologist, or nuclear medicine	3647
technologist license to each applicant who meets all of the	3648
following requirements:	3649

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

3650

(2) Is of good moral character.;

3651

(3) Except as provided in division (C) of this section,	3652
passes the examination administered under section 4773.04 of the	3653
Revised Code for the applicant's area of practice.;	3654

(4) Complies with any other licensing standards established	3655
in rules adopted under section 4773.08 of the Revised Code.	3656

(C) An applicant is not required to take a licensing	3657
examination if anyone of the following applyapplies to the	3658
applicant:	3659

(1) The individual is applying for a license as a general	3660
x-ray machine operator and holds certification in that area of	3661
practice from the American registry of radiologic technologists or	3662
the American chiropractic registry of radiologic technologists.	3663

(2) The individual is applying for a license as a	3664
radiographer and holds certification in that area of practice from	3665
the American registry of radiologic technologists.	3666

(3) The individual is applying for a license as a radiation	3667
therapy technologist and holds certification in that area of	3668
practice from the American registry of radiologic technologists.	3669

(4) The individual is applying for a license as a nuclear	3670
medicine technologist and holds certification in that area of	3671
practice from the American registry of radiologic technologists or	3672
the nuclear medicine technology certification board.	3673

(5) The individual holds a conditional license issued under	3674
section 4773.05 of the Revised Code and has completed the	3675
continuing education requirements established in rules adopted	3676
under section 4773.08 of the Revised Code.	3677

(6) The individual holds a license, certificate, or other	3678
credential issued by another state that the department determines	3679
uses standards for radiologic professions that are at least equal	3680
to those established under this chapter.	3681

(D) A license issued under this section expires biennially on	3682
the license holder's birthday, except for an initial license which	3683
expires on the license holder's birthday following two years after	3684
it is issued. For an initial license, the fee established in rules	3685
adopted under section 4773.08 of the Revised Code may be increased	3686
in proportion to the amount of time beyond two years that the	3687
license may be valid.	3688

A license may be renewed if. To be eligible for renewal, the	3689
license holder completesmust complete the continuing education	3690
requirements specified in rules adopted by the department under	3691
section 4773.08 of the Revised Code. Applications for license	3692
renewal shall be accompanied by the appropriate renewal fee	3693
established in rules adopted under section 4773.08 of the Revised	3694
Code. Renewals shall be made in accordance with the standard	3695
renewal procedure established under Chapter 4745. of the Revised	3696
Code.	3697

(E)(1) A license that has lapsed or otherwise become inactive	3698
may be reinstated. An individual seeking reinstatement of a	3699
license shall apply to the department on a form the department	3700
shall prescribe and provide. The application shall be accompanied	3701
by the appropriate reinstatement fee established in rules adopted	3702
under section 4773.08 of the Revised Code.	3703

(2) To be eligible for reinstatement, both of the following	3704
apply:	3705

(a) An applicant must continue to meet the conditions for	3706
receiving an initial license, including the examination or	3707
certification requirements specified in division (B) or (C) of	3708
this section. In the case of an applicant seeking reinstatement	3709
based on having passed an examination administered under section	3710
4773.04 of the Revised Code, the length of time that has elapsed	3711
since the examination was passed is not a consideration in	3712
determining whether the applicant is eligible for reinstatement.	3713

(b) The applicant must complete the continuing education	3714
requirements for reinstatement established in rules adopted under	3715
section 4773.08 of the Revised Code.	3716

(F) The department shall refuse to issue or, renew, or	3717
reinstate and may suspend or revoke a general x-ray machine	3718
operator, radiographer, radiation therapy technologist, or nuclear	3719
medicine technologist license if the applicant or license holder	3720
does not comply with the applicable requirements of this chapter	3721
or rules adopted under it.	3722

Sec. 4773.08.  The director of health shall adopt rules to	3723
implement and administer this chapter. In adopting the rules, the	3724
director shall consider any recommendations made by the radiation	3725
advisory council created under section 3701.93 of the Revised	3726
Code. The rules shall be adopted in accordance with Chapter 119.	3727
of the Revised Code and shall not be less stringent than any	3728
applicable standards specified in 42 C.F.R. 75. The rules shall	3729
establish all of the following:	3730

(A) Standards for licensing general x-ray machine operators,	3731
radiographers, radiation therapy technologists, and nuclear	3732
medicine technologists;	3733

(B) Application and, renewal, and reinstatement fees for	3734
licenses issued under this chapter that do not exceed the cost	3735
incurred in issuing and, renewing, and reinstating the licenses;	3736

(C) Standards for accreditation of educational programs and	3737
approval of continuing education programs in general x-ray machine	3738
operation, radiography, radiation therapy technology, and nuclear	3739
medicine technology;	3740

(D) Fees for accrediting educational programs and approving	3741
continuing education programs in general x-ray machine operation,	3742
radiography, radiation therapy technology, and nuclear medicine	3743
technology that do not exceed the cost incurred in accrediting the	3744
educational programs;	3745

(E) Fees for issuing conditional licenses under section	3746
4773.05 of the Revised Code that do not exceed the cost incurred	3747
in issuing the licenses;	3748

(F) Continuing education requirements that must be met to	3749
have a license renewed or reinstated under section 4773.03 of the	3750
Revised Code;	3751

(G) Continuing education requirements that the holder of a	3752
conditional license must meet to receive a license issued under	3753
section 4773.03 of the Revised Code;	3754

(H) Any other rules necessary for the implementation or	3755
administration of this chapter.	3756

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

3757

"Bed need" means the number of long-term care beds a county	3758
needs as determined by the director of health pursuant to division	3759
(B)(3) of section 3702.593 of the Revised Code.	3760

"Bed need excess" means that a county's bed need is such that	3761
one or more long-term care beds may be relocated from the county	3762
according to the director's determination of the county's bed	3763
need.	3764

(B) Every provider agreement with a nursing facility provider	3765
shall prohibitdo both of the following:	3766

(1) Permit the provider to exclude one or more parts of the	3767
nursing facility from the provider agreement, even though those	3768
parts meet federal and state standards for medicaid certification,	3769
if all of the following apply:	3770

(a) The nursing facility initially obtained both its nursing	3771
home license under Chapter 3721. of the Revised Code and medicaid	3772
certification on or after January 1, 2008.	3773

(b) The nursing facility is located in a county that has a	3774
bed need excess at the time the provider excludes the parts from	3775
the provider agreement.	3776

(c) Federal law permits the provider to exclude the parts	3777
from the provider agreement.	3778

(d) The provider gives the department of medicaid written	3779
notice of the exclusion not less than forty-five days before the	3780
first day of the calendar quarter in which the exclusion is to	3781
occur.	3782

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

3783

(1)(a) Discriminating against a resident on the basis of	3784
race, color, sex, creed, or national origin;	3785

(2)(b) Subject to division (C)(D) of this section, failing or	3786
refusing to do either of the following:	3787

(a)(i) Except as otherwise prohibited under section 5165.82	3788
of the Revised Code, admit as a resident of the nursing facility	3789
an individual because the individual is, or may (as a resident of	3790
the nursing facility) become, a medicaid recipient unless at least	3791
eightytwenty-five per cent of the nursing facility's	3792
medicaid-certified beds are occupied by medicaid recipients at the	3793
time the person would otherwise be admitted;	3794

(b)(ii) Retain as a resident of the nursing facility an	3795
individual because the individual is, or may (as a resident of the	3796
nursing facility) become, a medicaid recipient.	3797

(B)(C) For the purpose of division (A)(B)(2)(b)(ii) of this	3798
section, a medicaid recipient who is a resident of a nursing	3799
facility shall be considered a resident of the nursing facility	3800
during any hospital stays totaling less than twenty-five days	3801
during any twelve-month period.	3802

(C)(D) Nothing in this section shall bar a provider from	3803
doing any of the following:	3804

(1) If the provider is a religious organization operating a	3805
religious or denominational nursing facility from giving	3806
preference to persons of the same religion or denomination;	3807

(2) Giving preference to persons with whom the provider has	3808
contracted to provide continuing care;	3809

(3) If the nursing facility is a county home organized under	3810
Chapter 5155. of the Revised Code, admitting residents exclusively	3811
from the county in which the county home is located;	3812

(4) Retaining residents who have resided in the provider's	3813
nursing facility for not less than one year as private pay	3814
patients and who subsequently become medicaid recipients, but	3815
refusing to accept as a resident any person who is, or may (as a	3816
resident of the nursing facility) become a medicaid recipient, if	3817
all of the following apply:	3818

(a) The provider does not refuse to retain any resident who	3819
has resided in the provider's nursing facility for not less than	3820
one year as a private pay resident because the resident becomes a	3821
medicaid recipient, except as necessary to comply with division	3822
(C)(D)(4)(b) of this section;	3823

(b) The number of medicaid recipients retained under division	3824
(C)(D)(4) of this section does not at any time exceed ten per cent	3825
of all the residents in the nursing facility;	3826

(c) On July 1, 1980, all the residents in the nursing	3827
facility were private pay residents.	3828

(D)(E) No provider shall violate the provider agreement	3829
obligations imposed by this section.	3830

(F) A nursing facility provider who excludes one or more	3831
parts of the nursing facility from a provider agreement pursuant	3832
to division (B)(1) of this section does not violate division (C)	3833
of section 3702.53 of the Revised Code.	3834

Sec. 5165.513. (A) A provider that enters into a provider	3835
agreement with the department of medicaid under section 5165.511	3836
or 5165.512 of the Revised Code shall do all of the following:	3837

(A)(1) Comply with all applicable federal statutes and	3838
regulations;	3839

(B)(2) Comply with section 5165.07 of the Revised Code and	3840
all other applicable state statutes and rules;	3841

(C)(3) Subject to division (B) of this section, comply with	3842
all the terms and conditions of the exiting operator's provider	3843
agreement, including, but not limited to, all of the following:	3844

(1)(a) Any plan of correction;

3845

(2)(b) Compliance with health and safety standards;

3846

(3)(c) Compliance with the ownership and financial interest	3847
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	3848

(4)(d) Compliance with the civil rights requirements of 45	3849
C.F.R. parts 80, 84, and 90;	3850

(5)(e) Compliance with additional requirements imposed by the	3851
department;	3852

(6)(f) Any sanctions relating to remedies for violation of	3853
the provider agreement, including deficiencies, compliance	3854
periods, accountability periods, monetary penalties, notification	3855
for correction of contract violations, and history of	3856
deficiencies.	3857

(B) Division (A)(3) of this section does not prohibit a	3858
nursing facility provider from excluding one or more parts of the	3859
nursing facility from the provider agreement pursuant to division	3860
(B)(1) of section 5165.08 of the Revised Code.	3861

Sec. 5165.515. The department of medicaid may enter into a	3862
provider agreement as provided in section 5165.07 of the Revised	3863
Code, rather than section 5165.511 or 5165.512 of the Revised	3864
Code, with an entering operator if the entering operator does not	3865
agree to a provider agreement that satisfies the requirements of	3866
division (C)(A)(3) of section 5165.513 of the Revised Code. The	3867
department may not enter into the provider agreement unless the	3868
department of health certifies the nursing facility for	3869
participation in medicaid. The effective date of the provider	3870
agreement shall not precede any of the following:	3871

(A) The date that the department of health certifies the	3872
nursing facility;	3873

(B) The effective date of the change of operator;

3874

(C) The date the requirement of section 5165.51 of the	3875
Revised Code is satisfied.	3876

Sec. 5165.99.  (A) Whoever violates section 5165.102 or	3877
division (D)(E) of section 5165.08 of the Revised Code shall be	3878
fined not less than five hundred dollars nor more than one	3879
thousand dollars for the first offense and not less than one	3880
thousand dollars nor more than five thousand dollars for each	3881
subsequent offense. Fines paid under this section shall be	3882
deposited in the state treasury to the credit of the general	3883
revenue fund.	3884

(B) Whoever violates division (D) of section 5165.88 of the	3885
Revised Code is guilty of registering a false complaint, a	3886
misdemeanor of the first degree.	3887

Section 2.  That existing sections 2925.02, 3701.63, 3701.64,	3888
3719.01, 3719.061, 4715.14, 4715.30, 4723.28, 4723.481, 4723.486,	3889
4725.16, 4725.19, 4729.12, 4729.16, 4729.18, 4729.85, 4729.86,	3890
4730.25, 4730.41, 4730.48, 4731.22, 4731.281, 4773.03, 4773.08,	3891
5165.08, 5165.513, 5165.515, and 5165.99 and sections 4715.15,	3892
4723.433, 4730.093, and 4731.77 of the Revised Code are hereby	3893
repealed.	3894

Section 3. That the versions of sections 4715.30, 4715.302,	3895
4723.28, 4723.487, 4725.092, 4725.19, 4730.25, 4730.53, 4731.055,	3896
and 4731.22 of the Revised Code that are scheduled to take effect	3897
April 1, 2015, be amended to read as follows:	3898

Sec. 4715.30.  (A) An applicant for or holder of a	3899
certificate or license issued under this chapter is subject to	3900
disciplinary action by the state dental board for any of the	3901
following reasons:	3902

(1) Employing or cooperating in fraud or material deception	3903
in applying for or obtaining a license or certificate;	3904

(2) Obtaining or attempting to obtain money or anything of	3905
value by intentional misrepresentation or material deception in	3906
the course of practice;	3907

(3) Advertising services in a false or misleading manner or	3908
violating the board's rules governing time, place, and manner of	3909
advertising;	3910

(4) Commission of an act that constitutes a felony in this	3911
state, regardless of the jurisdiction in which the act was	3912
committed;	3913

(5) Commission of an act in the course of practice that	3914
constitutes a misdemeanor in this state, regardless of the	3915
jurisdiction in which the act was committed;	3916

(6) Conviction of, a plea of guilty to, a judicial finding of	3917
guilt of, a judicial finding of guilt resulting from a plea of no	3918
contest to, or a judicial finding of eligibility for intervention	3919
in lieu of conviction for, any felony or of a misdemeanor	3920
committed in the course of practice;	3921

(7) Engaging in lewd or immoral conduct in connection with	3922
the provision of dental services;	3923

(8) Selling, prescribing, giving away, or administering drugs	3924
for other than legal and legitimate therapeutic purposes, or	3925
conviction of, a plea of guilty to, a judicial finding of guilt	3926
of, a judicial finding of guilt resulting from a plea of no	3927
contest to, or a judicial finding of eligibility for intervention	3928
in lieu of conviction for, a violation of any federal or state law	3929
regulating the possession, distribution, or use of any drug;	3930

(9) Providing or allowing dental hygienists, expanded	3931
function dental auxiliaries, or other practitioners of auxiliary	3932
dental occupations working under the certificate or license	3933
holder's supervision, or a dentist holding a temporary limited	3934
continuing education license under division (C) of section 4715.16	3935
of the Revised Code working under the certificate or license	3936
holder's direct supervision, to provide dental care that departs	3937
from or fails to conform to accepted standards for the profession,	3938
whether or not injury to a patient results;	3939

(10) Inability to practice under accepted standards of the	3940
profession because of physical or mental disability, dependence on	3941
alcohol or other drugs, or excessive use of alcohol or other	3942
drugs;	3943

(11) Violation of any provision of this chapter or any rule	3944
adopted thereunder;	3945

(12) Failure to use universal blood and body fluid	3946
precautions established by rules adopted under section 4715.03 of	3947
the Revised Code;	3948

(13) Except as provided in division (H) of this section,	3949
either of the following:	3950

(a) Waiving the payment of all or any part of a deductible or	3951
copayment that a patient, pursuant to a health insurance or health	3952
care policy, contract, or plan that covers dental services, would	3953
otherwise be required to pay if the waiver is used as an	3954
enticement to a patient or group of patients to receive health	3955
care services from that certificate or license holder;	3956

(b) Advertising that the certificate or license holder will	3957
waive the payment of all or any part of a deductible or copayment	3958
that a patient, pursuant to a health insurance or health care	3959
policy, contract, or plan that covers dental services, would	3960
otherwise be required to pay.	3961

(14) Failure to comply with section 4715.302 or 4729.79 of	3962
the Revised Code, unless the state board of pharmacy no longer	3963
maintains a drug database pursuant to section 4729.75 of the	3964
Revised Code;	3965

(15) Any of the following actions taken by an agency	3966
responsible for authorizing, certifying, or regulating an	3967
individual to practice a health care occupation or provide health	3968
care services in this state or another jurisdiction, for any	3969
reason other than the nonpayment of fees: the limitation,	3970
revocation, or suspension of an individual's license to practice;	3971
acceptance of an individual's license surrender; denial of a	3972
license; refusal to renew or reinstate a license; imposition of	3973
probation; or issuance of an order of censure or other reprimand;	3974

(16) Failure to cooperate in an investigation conducted by	3975
the board under division (D) of section 4715.03 of the Revised	3976
Code, including failure to comply with a subpoena or order issued	3977
by the board or failure to answer truthfully a question presented	3978
by the board at a deposition or in written interrogatories, except	3979
that failure to cooperate with an investigation shall not	3980
constitute grounds for discipline under this section if a court of	3981
competent jurisdiction has issued an order that either quashes a	3982
subpoena or permits the individual to withhold the testimony or	3983
evidence in issue;	3984

(17) Failure to comply with the requirements in section	3985
3719.061 of the Revised Code before issuing tofor a minor a	3986
prescription for a controlled substance containing an opioid	3987
analgesic, as defined in section 3719.01 of the Revised Code.	3988

(B) A manager, proprietor, operator, or conductor of a dental	3989
facility shall be subject to disciplinary action if any dentist,	3990
dental hygienist, expanded function dental auxiliary, or qualified	3991
personnel providing services in the facility is found to have	3992
committed a violation listed in division (A) of this section and	3993
the manager, proprietor, operator, or conductor knew of the	3994
violation and permitted it to occur on a recurring basis.	3995

(C) Subject to Chapter 119. of the Revised Code, the board	3996
may take one or more of the following disciplinary actions if one	3997
or more of the grounds for discipline listed in divisions (A) and	3998
(B) of this section exist:	3999

(1) Censure the license or certificate holder;

4000

(2) Place the license or certificate on probationary status	4001
for such period of time the board determines necessary and require	4002
the holder to:	4003

(a) Report regularly to the board upon the matters which are	4004
the basis of probation;	4005

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

4006

(c) Continue or renew professional education until a	4007
satisfactory degree of knowledge or clinical competency has been	4008
attained in specified areas.	4009

(3) Suspend the certificate or license;

4010

(4) Revoke the certificate or license.

4011

Where the board places a holder of a license or certificate	4012
on probationary status pursuant to division (C)(2) of this	4013
section, the board may subsequently suspend or revoke the license	4014
or certificate if it determines that the holder has not met the	4015
requirements of the probation or continues to engage in activities	4016
that constitute grounds for discipline pursuant to division (A) or	4017
(B) of this section.	4018

Any order suspending a license or certificate shall state the	4019
conditions under which the license or certificate will be	4020
restored, which may include a conditional restoration during which	4021
time the holder is in a probationary status pursuant to division	4022
(C)(2) of this section. The board shall restore the license or	4023
certificate unconditionally when such conditions are met.	4024

(D) If the physical or mental condition of an applicant or a	4025
license or certificate holder is at issue in a disciplinary	4026
proceeding, the board may order the license or certificate holder	4027
to submit to reasonable examinations by an individual designated	4028
or approved by the board and at the board's expense. The physical	4029
examination may be conducted by any individual authorized by the	4030
Revised Code to do so, including a physician assistant, a clinical	4031
nurse specialist, a certified nurse practitioner, or a certified	4032
nurse-midwife. Any written documentation of the physical	4033
examination shall be completed by the individual who conducted the	4034
examination.	4035

Failure to comply with an order for an examination shall be	4036
grounds for refusal of a license or certificate or summary	4037
suspension of a license or certificate under division (E) of this	4038
section.	4039

(E) If a license or certificate holder has failed to comply	4040
with an order under division (D) of this section, the board may	4041
apply to the court of common pleas of the county in which the	4042
holder resides for an order temporarily suspending the holder's	4043
license or certificate, without a prior hearing being afforded by	4044
the board, until the board conducts an adjudication hearing	4045
pursuant to Chapter 119. of the Revised Code. If the court	4046
temporarily suspends a holder's license or certificate, the board	4047
shall give written notice of the suspension personally or by	4048
certified mail to the license or certificate holder. Such notice	4049
shall inform the license or certificate holder of the right to a	4050
hearing pursuant to Chapter 119. of the Revised Code.	4051

(F) Any holder of a certificate or license issued under this	4052
chapter who has pleaded guilty to, has been convicted of, or has	4053
had a judicial finding of eligibility for intervention in lieu of	4054
conviction entered against the holder in this state for aggravated	4055
murder, murder, voluntary manslaughter, felonious assault,	4056
kidnapping, rape, sexual battery, gross sexual imposition,	4057
aggravated arson, aggravated robbery, or aggravated burglary, or	4058
who has pleaded guilty to, has been convicted of, or has had a	4059
judicial finding of eligibility for treatment or intervention in	4060
lieu of conviction entered against the holder in another	4061
jurisdiction for any substantially equivalent criminal offense, is	4062
automatically suspended from practice under this chapter in this	4063
state and any certificate or license issued to the holder under	4064
this chapter is automatically suspended, as of the date of the	4065
guilty plea, conviction, or judicial finding, whether the	4066
proceedings are brought in this state or another jurisdiction.	4067
Continued practice by an individual after the suspension of the	4068
individual's certificate or license under this division shall be	4069
considered practicing without a certificate or license. The board	4070
shall notify the suspended individual of the suspension of the	4071
individual's certificate or license under this division by	4072
certified mail or in person in accordance with section 119.07 of	4073
the Revised Code. If an individual whose certificate or license is	4074
suspended under this division fails to make a timely request for	4075
an adjudicatory hearing, the board shall enter a final order	4076
revoking the individual's certificate or license.	4077

(G) If the supervisory investigative panel determines both of	4078
the following, the panel may recommend that the board suspend an	4079
individual's certificate or license without a prior hearing:	4080

(1) That there is clear and convincing evidence that an	4081
individual has violated division (A) of this section;	4082

(2) That the individual's continued practice presents a	4083
danger of immediate and serious harm to the public.	4084

Written allegations shall be prepared for consideration by	4085
the board. The board, upon review of those allegations and by an	4086
affirmative vote of not fewer than four dentist members of the	4087
board and seven of its members in total, excluding any member on	4088
the supervisory investigative panel, may suspend a certificate or	4089
license without a prior hearing. A telephone conference call may	4090
be utilized for reviewing the allegations and taking the vote on	4091
the summary suspension.	4092

The board shall issue a written order of suspension by	4093
certified mail or in person in accordance with section 119.07 of	4094
the Revised Code. The order shall not be subject to suspension by	4095
the court during pendency or any appeal filed under section 119.12	4096
of the Revised Code. If the individual subject to the summary	4097
suspension requests an adjudicatory hearing by the board, the date	4098
set for the hearing shall be within fifteen days, but not earlier	4099
than seven days, after the individual requests the hearing, unless	4100
otherwise agreed to by both the board and the individual.	4101

Any summary suspension imposed under this division shall	4102
remain in effect, unless reversed on appeal, until a final	4103
adjudicative order issued by the board pursuant to this section	4104
and Chapter 119. of the Revised Code becomes effective. The board	4105
shall issue its final adjudicative order within seventy-five days	4106
after completion of its hearing. A failure to issue the order	4107
within seventy-five days shall result in dissolution of the	4108
summary suspension order but shall not invalidate any subsequent,	4109
final adjudicative order.	4110

(H) Sanctions shall not be imposed under division (A)(13) of	4111
this section against any certificate or license holder who waives	4112
deductibles and copayments as follows:	4113

(1) In compliance with the health benefit plan that expressly	4114
allows such a practice. Waiver of the deductibles or copayments	4115
shall be made only with the full knowledge and consent of the plan	4116
purchaser, payer, and third-party administrator. Documentation of	4117
the consent shall be made available to the board upon request.	4118

(2) For professional services rendered to any other person	4119
who holds a certificate or license issued pursuant to this chapter	4120
to the extent allowed by this chapter and the rules of the board.	4121

(I) In no event shall the board consider or raise during a	4122
hearing required by Chapter 119. of the Revised Code the	4123
circumstances of, or the fact that the board has received, one or	4124
more complaints about a person unless the one or more complaints	4125
are the subject of the hearing or resulted in the board taking an	4126
action authorized by this section against the person on a prior	4127
occasion.	4128

(J) The board may share any information it receives pursuant	4129
to an investigation under division (D) of section 4715.03 of the	4130
Revised Code, including patient records and patient record	4131
information, with law enforcement agencies, other licensing	4132
boards, and other governmental agencies that are prosecuting,	4133
adjudicating, or investigating alleged violations of statutes or	4134
administrative rules. An agency or board that receives the	4135
information shall comply with the same requirements regarding	4136
confidentiality as those with which the state dental board must	4137
comply, notwithstanding any conflicting provision of the Revised	4138
Code or procedure of the agency or board that applies when it is	4139
dealing with other information in its possession. In a judicial	4140
proceeding, the information may be admitted into evidence only in	4141
accordance with the Rules of Evidence, but the court shall require	4142
that appropriate measures are taken to ensure that confidentiality	4143
is maintained with respect to any part of the information that	4144
contains names or other identifying information about patients or	4145
complainants whose confidentiality was protected by the state	4146
dental board when the information was in the board's possession.	4147
Measures to ensure confidentiality that may be taken by the court	4148
include sealing its records or deleting specific information from	4149
its records.	4150

Sec. 4715.302. (A) As used in this section, "drug:

4151

(1) "Drug database" means the database established and	4152
maintained by the state board of pharmacy pursuant to section	4153
4729.75 of the Revised Code.	4154

(2) "Opioid analgesic" and "benzodiazepine" have the same	4155
meanings as in section 3719.01 of the Revised Code.	4156

(B) Except as provided in divisions (C) and (E) of this	4157
section, a dentist shall comply with all of the following as	4158
conditions of prescribing a drug that is either an opioid	4159
analgesic or a benzodiazepine, or personally furnishing a complete	4160
or partial supply of such a drug, as part of a patient's course of	4161
treatment for a particular condition:	4162

(1) Before initially prescribing or furnishing the drug, the	4163
dentist or the dentist's delegate shall request from the drug	4164
database a report of information related to the patient that	4165
covers at least the twelve months immediately preceding the date	4166
of the request. If the dentist practices primarily in a county of	4167
this state that adjoins another state, the dentist or delegate	4168
also shall request a report of any information available in the	4169
drug database that pertains to prescriptions issued or drugs	4170
furnished to the patient in the state adjoining that county.	4171

(2) If the patient's course of treatment for the condition	4172
continues for more than ninety days after the initial report is	4173
requested, the dentist or delegate shall make periodic requests	4174
for reports of information from the drug database until the course	4175
of treatment has ended. The requests shall be made at intervals	4176
not exceeding ninety days, determined according to the date the	4177
initial request was made. The request shall be made in the same	4178
manner provided in division (B)(1) of this section for requesting	4179
the initial report of information from the drug database.	4180

(3) On receipt of a report under division (B)(1) or (2) of	4181
this section, the dentist shall assess the information in the	4182
report. The dentist shall document in the patient's record that	4183
the report was received and the information was assessed.	4184

(C)(1) Division (B) of this section does not apply if a drug	4185
database report regarding the patient is not available. In this	4186
event, the dentist shall document in the patient's record the	4187
reason that the report is not available.	4188

(2) Division (B) of this section does not apply if the drug	4189
is prescribed or personally furnished in an amount indicated for a	4190
period not to exceed seven days.	4191

(D) With respect to prescribing or personally furnishing any	4192
drug that is not an opioid analgesic or a benzodiazepine but is	4193
included in the drug database pursuant to rules adopted under	4194
section 4729.84 of the Revised Code, theThe state dental board	4195
shallmay adopt rules that establish standards and procedures to	4196
be followed by a dentist regarding the review of patient	4197
information available through the drug database under division	4198
(A)(5) of section 4729.80 of the Revised Code. The rules shall be	4199
adopted in accordance with Chapter 119. of the Revised Code.	4200

(E) This section and theany rules adopted under it do not	4201
apply if the state board of pharmacy no longer maintains the drug	4202
database.	4203

Sec. 4723.28.  (A) The board of nursing, by a vote of a	4204
quorum, may impose one or more of the following sanctions if it	4205
finds that a person committed fraud in passing an examination	4206
required to obtain a license, certificate of authority, or	4207
dialysis technician certificate issued by the board or to have	4208
committed fraud, misrepresentation, or deception in applying for	4209
or securing any nursing license, certificate of authority, or	4210
dialysis technician certificate issued by the board: deny, revoke,	4211
suspend, or place restrictions on any nursing license, certificate	4212
of authority, or dialysis technician certificate issued by the	4213
board; reprimand or otherwise discipline a holder of a nursing	4214
license, certificate of authority, or dialysis technician	4215
certificate; or impose a fine of not more than five hundred	4216
dollars per violation.	4217

(B) The board of nursing, by a vote of a quorum, may impose	4218
one or more of the following sanctions: deny, revoke, suspend, or	4219
place restrictions on any nursing license, certificate of	4220
authority, or dialysis technician certificate issued by the board;	4221
reprimand or otherwise discipline a holder of a nursing license,	4222
certificate of authority, or dialysis technician certificate; or	4223
impose a fine of not more than five hundred dollars per violation.	4224
The sanctions may be imposed for any of the following:	4225

(1) Denial, revocation, suspension, or restriction of	4226
authority to engage in a licensed profession or practice a health	4227
care occupation, including nursing or practice as a dialysis	4228
technician, for any reason other than a failure to renew, in Ohio	4229
or another state or jurisdiction;	4230

(2) Engaging in the practice of nursing or engaging in	4231
practice as a dialysis technician, having failed to renew a	4232
nursing license or dialysis technician certificate issued under	4233
this chapter, or while a nursing license or dialysis technician	4234
certificate is under suspension;	4235

(3) Conviction of, a plea of guilty to, a judicial finding of	4236
guilt of, a judicial finding of guilt resulting from a plea of no	4237
contest to, or a judicial finding of eligibility for a pretrial	4238
diversion or similar program or for intervention in lieu of	4239
conviction for, a misdemeanor committed in the course of practice;	4240

(4) Conviction of, a plea of guilty to, a judicial finding of	4241
guilt of, a judicial finding of guilt resulting from a plea of no	4242
contest to, or a judicial finding of eligibility for a pretrial	4243
diversion or similar program or for intervention in lieu of	4244
conviction for, any felony or of any crime involving gross	4245
immorality or moral turpitude;	4246

(5) Selling, giving away, or administering drugs or	4247
therapeutic devices for other than legal and legitimate	4248
therapeutic purposes; or conviction of, a plea of guilty to, a	4249
judicial finding of guilt of, a judicial finding of guilt	4250
resulting from a plea of no contest to, or a judicial finding of	4251
eligibility for a pretrial diversion or similar program or for	4252
intervention in lieu of conviction for, violating any municipal,	4253
state, county, or federal drug law;	4254

(6) Conviction of, a plea of guilty to, a judicial finding of	4255
guilt of, a judicial finding of guilt resulting from a plea of no	4256
contest to, or a judicial finding of eligibility for a pretrial	4257
diversion or similar program or for intervention in lieu of	4258
conviction for, an act in another jurisdiction that would	4259
constitute a felony or a crime of moral turpitude in Ohio;	4260

(7) Conviction of, a plea of guilty to, a judicial finding of	4261
guilt of, a judicial finding of guilt resulting from a plea of no	4262
contest to, or a judicial finding of eligibility for a pretrial	4263
diversion or similar program or for intervention in lieu of	4264
conviction for, an act in the course of practice in another	4265
jurisdiction that would constitute a misdemeanor in Ohio;	4266

(8) Self-administering or otherwise taking into the body any	4267
dangerous drug, as defined in section 4729.01 of the Revised Code,	4268
in any way that is not in accordance with a legal, valid	4269
prescription issued for that individual, or self-administering or	4270
otherwise taking into the body any drug that is a schedule I	4271
controlled substance;	4272

(9) Habitual or excessive use of controlled substances, other	4273
habit-forming drugs, or alcohol or other chemical substances to an	4274
extent that impairs the individual's ability to provide safe	4275
nursing care or safe dialysis care;	4276

(10) Impairment of the ability to practice according to	4277
acceptable and prevailing standards of safe nursing care or safe	4278
dialysis care because of the use of drugs, alcohol, or other	4279
chemical substances;	4280

(11) Impairment of the ability to practice according to	4281
acceptable and prevailing standards of safe nursing care or safe	4282
dialysis care because of a physical or mental disability;	4283

(12) Assaulting or causing harm to a patient or depriving a	4284
patient of the means to summon assistance;	4285

(13) Misappropriation or attempted misappropriation of money	4286
or anything of value in the course of practice;	4287

(14) Adjudication by a probate court of being mentally ill or	4288
mentally incompetent. The board may reinstate the person's nursing	4289
license or dialysis technician certificate upon adjudication by a	4290
probate court of the person's restoration to competency or upon	4291
submission to the board of other proof of competency.	4292

(15) The suspension or termination of employment by the	4293
department of defense or the veterans administration of the United	4294
States for any act that violates or would violate this chapter;	4295

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

4296

(17) Violation of any restrictions placed by the board on a	4297
nursing license or dialysis technician certificate;	4298

(18) Failure to use universal and standard precautions	4299
established by rules adopted under section 4723.07 of the Revised	4300
Code;	4301

(19) Failure to practice in accordance with acceptable and	4302
prevailing standards of safe nursing care or safe dialysis care;	4303

(20) In the case of a registered nurse, engaging in	4304
activities that exceed the practice of nursing as a registered	4305
nurse;	4306

(21) In the case of a licensed practical nurse, engaging in	4307
activities that exceed the practice of nursing as a licensed	4308
practical nurse;	4309

(22) In the case of a dialysis technician, engaging in	4310
activities that exceed those permitted under section 4723.72 of	4311
the Revised Code;	4312

(23) Aiding and abetting a person in that person's practice	4313
of nursing without a license or practice as a dialysis technician	4314
without a certificate issued under this chapter;	4315

(24) In the case of a certified registered nurse anesthetist,	4316
clinical nurse specialist, certified nurse-midwife, or certified	4317
nurse practitioner, except as provided in division (M) of this	4318
section, either of the following:	4319

(a) Waiving the payment of all or any part of a deductible or	4320
copayment that a patient, pursuant to a health insurance or health	4321
care policy, contract, or plan that covers such nursing services,	4322
would otherwise be required to pay if the waiver is used as an	4323
enticement to a patient or group of patients to receive health	4324
care services from that provider;	4325

(b) Advertising that the nurse will waive the payment of all	4326
or any part of a deductible or copayment that a patient, pursuant	4327
to a health insurance or health care policy, contract, or plan	4328
that covers such nursing services, would otherwise be required to	4329
pay.	4330

(25) Failure to comply with the terms and conditions of	4331
participation in the chemical dependency monitoring program	4332
established under section 4723.35 of the Revised Code;	4333

(26) Failure to comply with the terms and conditions required	4334
under the practice intervention and improvement program	4335
established under section 4723.282 of the Revised Code;	4336

(27) In the case of a certified registered nurse anesthetist,	4337
clinical nurse specialist, certified nurse-midwife, or certified	4338
nurse practitioner:	4339

(a) Engaging in activities that exceed those permitted for	4340
the nurse's nursing specialty under section 4723.43 of the Revised	4341
Code;	4342

(b) Failure to meet the quality assurance standards	4343
established under section 4723.07 of the Revised Code.	4344

(28) In the case of a clinical nurse specialist, certified	4345
nurse-midwife, or certified nurse practitioner, failure to	4346
maintain a standard care arrangement in accordance with section	4347
4723.431 of the Revised Code or to practice in accordance with the	4348
standard care arrangement;	4349

(29) In the case of a clinical nurse specialist, certified	4350
nurse-midwife, or certified nurse practitioner who holds a	4351
certificate to prescribe issued under section 4723.48 of the	4352
Revised Code, failure to prescribe drugs and therapeutic devices	4353
in accordance with section 4723.481 of the Revised Code;	4354

(30) Prescribing any drug or device to perform or induce an	4355
abortion, or otherwise performing or inducing an abortion;	4356

(31) Failure to establish and maintain professional	4357
boundaries with a patient, as specified in rules adopted under	4358
section 4723.07 of the Revised Code;	4359

(32) Regardless of whether the contact or verbal behavior is	4360
consensual, engaging with a patient other than the spouse of the	4361
registered nurse, licensed practical nurse, or dialysis technician	4362
in any of the following:	4363

(a) Sexual contact, as defined in section 2907.01 of the	4364
Revised Code;	4365

(b) Verbal behavior that is sexually demeaning to the patient	4366
or may be reasonably interpreted by the patient as sexually	4367
demeaning.	4368

(33) Assisting suicide, as defined in section 3795.01 of the	4369
Revised Code;	4370

(34) Failure to comply with the requirements in section	4371
3719.061 of the Revised Code before issuing tofor a minor a	4372
prescription for a controlled substance containing an opioid.	4373
analgesic, as defined in section 3719.01 of the Revised Code;	4374

(34)(35) Failure to comply with section 4723.487 of the	4375
Revised Code, unless the state board of pharmacy no longer	4376
maintains a drug database pursuant to section 4729.75 of the	4377
Revised Code.	4378

(C) Disciplinary actions taken by the board under divisions	4379
(A) and (B) of this section shall be taken pursuant to an	4380
adjudication conducted under Chapter 119. of the Revised Code,	4381
except that in lieu of a hearing, the board may enter into a	4382
consent agreement with an individual to resolve an allegation of a	4383
violation of this chapter or any rule adopted under it. A consent	4384
agreement, when ratified by a vote of a quorum, shall constitute	4385
the findings and order of the board with respect to the matter	4386
addressed in the agreement. If the board refuses to ratify a	4387
consent agreement, the admissions and findings contained in the	4388
agreement shall be of no effect.	4389

(D) The hearings of the board shall be conducted in	4390
accordance with Chapter 119. of the Revised Code, the board may	4391
appoint a hearing examiner, as provided in section 119.09 of the	4392
Revised Code, to conduct any hearing the board is authorized to	4393
hold under Chapter 119. of the Revised Code.	4394

In any instance in which the board is required under Chapter	4395
119. of the Revised Code to give notice of an opportunity for a	4396
hearing and the applicant, licensee, or certificate holder does	4397
not make a timely request for a hearing in accordance with section	4398
119.07 of the Revised Code, the board is not required to hold a	4399
hearing, but may adopt, by a vote of a quorum, a final order that	4400
contains the board's findings. In the final order, the board may	4401
order any of the sanctions listed in division (A) or (B) of this	4402
section.	4403

(E) If a criminal action is brought against a registered	4404
nurse, licensed practical nurse, or dialysis technician for an act	4405
or crime described in divisions (B)(3) to (7) of this section and	4406
the action is dismissed by the trial court other than on the	4407
merits, the board shall conduct an adjudication to determine	4408
whether the registered nurse, licensed practical nurse, or	4409
dialysis technician committed the act on which the action was	4410
based. If the board determines on the basis of the adjudication	4411
that the registered nurse, licensed practical nurse, or dialysis	4412
technician committed the act, or if the registered nurse, licensed	4413
practical nurse, or dialysis technician fails to participate in	4414
the adjudication, the board may take action as though the	4415
registered nurse, licensed practical nurse, or dialysis technician	4416
had been convicted of the act.	4417

If the board takes action on the basis of a conviction, plea,	4418
or a judicial finding as described in divisions (B)(3) to (7) of	4419
this section that is overturned on appeal, the registered nurse,	4420
licensed practical nurse, or dialysis technician may, on	4421
exhaustion of the appeal process, petition the board for	4422
reconsideration of its action. On receipt of the petition and	4423
supporting court documents, the board shall temporarily rescind	4424
its action. If the board determines that the decision on appeal	4425
was a decision on the merits, it shall permanently rescind its	4426
action. If the board determines that the decision on appeal was	4427
not a decision on the merits, it shall conduct an adjudication to	4428
determine whether the registered nurse, licensed practical nurse,	4429
or dialysis technician committed the act on which the original	4430
conviction, plea, or judicial finding was based. If the board	4431
determines on the basis of the adjudication that the registered	4432
nurse, licensed practical nurse, or dialysis technician committed	4433
such act, or if the registered nurse, licensed practical nurse, or	4434
dialysis technician does not request an adjudication, the board	4435
shall reinstate its action; otherwise, the board shall permanently	4436
rescind its action.	4437

Notwithstanding the provision of division (C)(2) of section	4438
2953.32 of the Revised Code specifying that if records pertaining	4439
to a criminal case are sealed under that section the proceedings	4440
in the case shall be deemed not to have occurred, sealing of the	4441
following records on which the board has based an action under	4442
this section shall have no effect on the board's action or any	4443
sanction imposed by the board under this section: records of any	4444
conviction, guilty plea, judicial finding of guilt resulting from	4445
a plea of no contest, or a judicial finding of eligibility for a	4446
pretrial diversion program or intervention in lieu of conviction.	4447

The board shall not be required to seal, destroy, redact, or	4448
otherwise modify its records to reflect the court's sealing of	4449
conviction records.	4450

(F) The board may investigate an individual's criminal	4451
background in performing its duties under this section. As part of	4452
such investigation, the board may order the individual to submit,	4453
at the individual's expense, a request to the bureau of criminal	4454
identification and investigation for a criminal records check and	4455
check of federal bureau of investigation records in accordance	4456
with the procedure described in section 4723.091 of the Revised	4457
Code.	4458

(G) During the course of an investigation conducted under	4459
this section, the board may compel any registered nurse, licensed	4460
practical nurse, or dialysis technician or applicant under this	4461
chapter to submit to a mental or physical examination, or both, as	4462
required by the board and at the expense of the individual, if the	4463
board finds reason to believe that the individual under	4464
investigation may have a physical or mental impairment that may	4465
affect the individual's ability to provide safe nursing care.	4466
Failure of any individual to submit to a mental or physical	4467
examination when directed constitutes an admission of the	4468
allegations, unless the failure is due to circumstances beyond the	4469
individual's control, and a default and final order may be entered	4470
without the taking of testimony or presentation of evidence.	4471

If the board finds that an individual is impaired, the board	4472
shall require the individual to submit to care, counseling, or	4473
treatment approved or designated by the board, as a condition for	4474
initial, continued, reinstated, or renewed authority to practice.	4475
The individual shall be afforded an opportunity to demonstrate to	4476
the board that the individual can begin or resume the individual's	4477
occupation in compliance with acceptable and prevailing standards	4478
of care under the provisions of the individual's authority to	4479
practice.	4480

For purposes of this division, any registered nurse, licensed	4481
practical nurse, or dialysis technician or applicant under this	4482
chapter shall be deemed to have given consent to submit to a	4483
mental or physical examination when directed to do so in writing	4484
by the board, and to have waived all objections to the	4485
admissibility of testimony or examination reports that constitute	4486
a privileged communication.	4487

(H) The board shall investigate evidence that appears to show	4488
that any person has violated any provision of this chapter or any	4489
rule of the board. Any person may report to the board any	4490
information the person may have that appears to show a violation	4491
of any provision of this chapter or rule of the board. In the	4492
absence of bad faith, any person who reports such information or	4493
who testifies before the board in any adjudication conducted under	4494
Chapter 119. of the Revised Code shall not be liable for civil	4495
damages as a result of the report or testimony.	4496

(I) All of the following apply under this chapter with	4497
respect to the confidentiality of information:	4498

(1) Information received by the board pursuant to a complaint	4499
or an investigation is confidential and not subject to discovery	4500
in any civil action, except that the board may disclose	4501
information to law enforcement officers and government entities	4502
for purposes of an investigation of either a licensed health care	4503
professional, including a registered nurse, licensed practical	4504
nurse, or dialysis technician, or a person who may have engaged in	4505
the unauthorized practice of nursing or dialysis care. No law	4506
enforcement officer or government entity with knowledge of any	4507
information disclosed by the board pursuant to this division shall	4508
divulge the information to any other person or government entity	4509
except for the purpose of a government investigation, a	4510
prosecution, or an adjudication by a court or government entity.	4511

(2) If an investigation requires a review of patient records,	4512
the investigation and proceeding shall be conducted in such a	4513
manner as to protect patient confidentiality.	4514

(3) All adjudications and investigations of the board shall	4515
be considered civil actions for the purposes of section 2305.252	4516
of the Revised Code.	4517

(4) Any board activity that involves continued monitoring of	4518
an individual as part of or following any disciplinary action	4519
taken under this section shall be conducted in a manner that	4520
maintains the individual's confidentiality. Information received	4521
or maintained by the board with respect to the board's monitoring	4522
activities is not subject to discovery in any civil action and is	4523
confidential, except that the board may disclose information to	4524
law enforcement officers and government entities for purposes of	4525
an investigation of a licensee or certificate holder.	4526

(J) Any action taken by the board under this section	4527
resulting in a suspension from practice shall be accompanied by a	4528
written statement of the conditions under which the person may be	4529
reinstated to practice.	4530

(K) When the board refuses to grant a license or certificate	4531
to an applicant, revokes a license or certificate, or refuses to	4532
reinstate a license or certificate, the board may specify that its	4533
action is permanent. An individual subject to permanent action	4534
taken by the board is forever ineligible to hold a license or	4535
certificate of the type that was refused or revoked and the board	4536
shall not accept from the individual an application for	4537
reinstatement of the license or certificate or for a new license	4538
or certificate.	4539

(L) No unilateral surrender of a nursing license, certificate	4540
of authority, or dialysis technician certificate issued under this	4541
chapter shall be effective unless accepted by majority vote of the	4542
board. No application for a nursing license, certificate of	4543
authority, or dialysis technician certificate issued under this	4544
chapter may be withdrawn without a majority vote of the board. The	4545
board's jurisdiction to take disciplinary action under this	4546
section is not removed or limited when an individual has a license	4547
or certificate classified as inactive or fails to renew a license	4548
or certificate.	4549

(M) Sanctions shall not be imposed under division (B)(24) of	4550
this section against any licensee who waives deductibles and	4551
copayments as follows:	4552

(1) In compliance with the health benefit plan that expressly	4553
allows such a practice. Waiver of the deductibles or copayments	4554
shall be made only with the full knowledge and consent of the plan	4555
purchaser, payer, and third-party administrator. Documentation of	4556
the consent shall be made available to the board upon request.	4557

(2) For professional services rendered to any other person	4558
licensed pursuant to this chapter to the extent allowed by this	4559
chapter and the rules of the board.	4560

Sec. 4723.487. (A) As used in this section, "drug:

4561

(1) "Drug database" means the database established and	4562
maintained by the state board of pharmacy pursuant to section	4563
4729.75 of the Revised Code.	4564

(2) "Opioid analgesic" and "benzodiazepine" have the same	4565
meanings as in section 3719.01 of the Revised Code.	4566

(B) Except as provided in divisions (C) and (E) of this	4567
section, an advanced practice registered nurse holding a	4568
certificate to prescribe issued under this chapter shall comply	4569
with all of the following as conditions of prescribing a drug that	4570
is either an opioid analgesic or a benzodiazepine as part of a	4571
patient's course of treatment for a particular condition:	4572

(1) Before initially prescribing the drug, the nurse or the	4573
nurse's delegate shall request from the drug database a report of	4574
information related to the patient that covers at least the twelve	4575
months immediately preceding the date of the request. If the nurse	4576
practices primarily in a county of this state that adjoins another	4577
state, the nurse or delegate also shall request a report of any	4578
information available in the drug database that pertains to	4579
prescriptions issued or drugs furnished to the patient in the	4580
state adjoining that county.	4581

(2) If the patient's course of treatment for the condition	4582
continues for more than ninety days after the initial report is	4583
requested, the nurse or delegate shall make periodic requests for	4584
reports of information from the drug database until the course of	4585
treatment has ended. The requests shall be made at intervals not	4586
exceeding ninety days, determined according to the date the	4587
initial request was made. The request shall be made in the same	4588
manner provided in division (B)(1) of this section for requesting	4589
the initial report of information from the drug database.	4590

(3) On receipt of a report under division (B)(1) or (2) of	4591
this section, the nurse shall assess the information in the	4592
report. The nurse shall document in the patient's record that the	4593
report was received and the information was assessed.	4594

(C) Division (B) of this section does not apply if in any of	4595
the following circumstances:	4596

(1) A drug database report regarding the patient is not	4597
available, in which case the nurse shall document in the patient's	4598
record the reason that the report is not available.	4599

(2) The drug is prescribed in an amount indicated for a	4600
period not to exceed seven days.	4601

(3) The drug is prescribed for the treatment of cancer or	4602
another condition associated with cancer.	4603

(4) The drug is prescribed to a hospice patient in a hospice	4604
care program, as those terms are defined in section 3712.01 of the	4605
Revised Code, or any other patient diagnosed as terminally ill.	4606

(5) The drug is prescribed for administration in a hospital,	4607
nursing home, or residential care facility.	4608

(D) With respect to prescribing any drug that is not an	4609
opioid analgesic or a benzodiazepine but is included in the drug	4610
database pursuant to rules adopted under section 4729.84 of the	4611
Revised Code, theThe board of nursing shallmay adopt rules, in	4612
accordance with Chapter 119. of the Revised Code, that establish	4613
standards and procedures to be followed by an advanced practice	4614
registered nurse with a certificate to prescribe issued under	4615
section 4723.48 of the Revised Code regarding the review of	4616
patient information available through the drug database under	4617
division (A)(5) of section 4729.80 of the Revised Code. The rules	4618
shall be adopted in accordance with Chapter 119. of the Revised	4619
Code.	4620

(E) This section and theany rules adopted under it do not	4621
apply if the state board of pharmacy no longer maintains the drug	4622
database.	4623

Sec. 4725.092. (A) As used in this section, "drug database"	4624
means the database established and maintained by the state board	4625
of pharmacy pursuant to section 4729.75 of the Revised Code.	4626

(B) Except as provided in divisions (C) and (E) of this	4627
section, an optometrist holding a therapeutic pharmaceutical	4628
agents certificate shall comply with all of the following as	4629
conditions of prescribing a drug that is either an opioid	4630
analgesic or a benzodiazepine, or personally furnishing a complete	4631
or partial supply of such a drug, as part of a patient's course of	4632
treatment for a particular condition:	4633

(1) Before initially prescribing or furnishing the drug, the	4634
optometrist or the optometrist's delegate shall request from the	4635
drug database a report of information related to the patient that	4636
covers at least the twelve months immediately preceding the date	4637
of the request. If the optometrist practices primarily in a county	4638
of this state that adjoins another state, the optometrist or	4639
delegate also shall request a report of any information available	4640
in the drug database that pertains to prescriptions issued or	4641
drugs furnished to the patient in the state adjoining that county.	4642

(2) If the patient's course of treatment for the condition	4643
continues for more than ninety days after the initial report is	4644
requested, the optometrist or delegate shall make periodic	4645
requests for reports of information from the drug database until	4646
the course of treatment has ended. The requests shall be made at	4647
intervals not exceeding ninety days, determined according to the	4648
date the initial request was made. The request shall be made in	4649
the same manner provided in division (B)(1) of this section for	4650
requesting the initial report of information from the drug	4651
database.	4652

(3) On receipt of a report under division (B)(1) or (2) of	4653
this section, the optometrist shall assess the information in the	4654
report. The optometrist shall document in the patient's record	4655
that the report was received and the information was assessed.	4656

(C)(1) Division (B) of this section does not apply if a drug	4657
database report regarding the patient is not available. In this	4658
event, the optometrist shall document in the patient's record the	4659
reason that the report is not available.	4660

(2) Division (B) of this section does not apply if the drug	4661
is prescribed or personally furnished in an amount indicated for a	4662
period not to exceed seven days.	4663

(D) With respect to prescribing or personally furnishing any	4664
drug that is not an opioid analgesic or a benzodiazepine but is	4665
included in the drug database pursuant to rules adopted under	4666
section 4729.84 of the Revised Code, theThe state board of	4667
optometry shall adopt rules that establish standards and	4668
procedures to be followed by an optometrist who holds a	4669
therapeutic pharmaceutical agents certificate regarding the review	4670
of patient information available through the drug database under	4671
division (A)(5) of section 4729.80 of the Revised Code. The rules	4672
shall be adopted in accordance with Chapter 119. of the Revised	4673
Code.	4674

(E)(C) This section and the rules adopted under it do not	4675
apply if the state board of pharmacy no longer maintains the drug	4676
database.	4677

Sec. 4725.19.  (A) In accordance with Chapter 119. of the	4678
Revised Code and by an affirmative vote of a majority of its	4679
members, the state board of optometry, for any of the reasons	4680
specified in division (B) of this section, shall refuse to grant a	4681
certificate of licensure to an applicant and may, with respect to	4682
a licensed optometrist, do one or more of the following:	4683

(1) Suspend the operation of any certificate of licensure,	4684
topical ocular pharmaceutical agents certificate, or therapeutic	4685
pharmaceutical agents certificate, or all certificates granted by	4686
it to the optometrist;	4687

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

4688

(3) Limit or otherwise place restrictions on any or all of	4689
the certificates;	4690

(4) Reprimand the optometrist;

4691

(5) Impose a monetary penalty. If the reason for which the	4692
board is imposing the penalty involves a criminal offense that	4693
carries a fine under the Revised Code, the penalty shall not	4694
exceed the maximum fine that may be imposed for the criminal	4695
offense. In any other case, the penalty imposed by the board shall	4696
not exceed five hundred dollars.	4697

(6) Require the optometrist to take corrective action	4698
courses.	4699

The amount and content of corrective action courses shall be	4700
established by the board in rules adopted under section 4725.09 of	4701
the Revised Code.	4702

(B) The sanctions specified in division (A) of this section	4703
may be taken by the board for any of the following reasons:	4704

(1) Committing fraud in passing the licensing examination or	4705
making false or purposely misleading statements in an application	4706
for a certificate of licensure;	4707

(2) Being at any time guilty of immorality, regardless of the	4708
jurisdiction in which the act was committed;	4709

(3) Being guilty of dishonesty or unprofessional conduct in	4710
the practice of optometry;	4711

(4) Being at any time guilty of a felony, regardless of the	4712
jurisdiction in which the act was committed;	4713

(5) Being at any time guilty of a misdemeanor committed in	4714
the course of practice, regardless of the jurisdiction in which	4715
the act was committed;	4716

(6) Violating the conditions of any limitation or other	4717
restriction placed by the board on any certificate issued by the	4718
board;	4719

(7) Engaging in the practice of optometry as provided in	4720
division (A)(1), (2), or (3) of section 4725.01 of the Revised	4721
Code when the certificate authorizing that practice is under	4722
suspension, in which case the board shall permanently revoke the	4723
certificate;	4724

(8) Being denied a license to practice optometry in another	4725
state or country or being subject to any other sanction by the	4726
optometric licensing authority of another state or country, other	4727
than sanctions imposed for the nonpayment of fees;	4728

(9) Departing from or failing to conform to acceptable and	4729
prevailing standards of care in the practice of optometry as	4730
followed by similar practitioners under the same or similar	4731
circumstances, regardless of whether actual injury to a patient is	4732
established;	4733

(10) Failing to maintain comprehensive patient records;

4734

(11) Advertising a price of optical accessories, eye	4735
examinations, or other products or services by any means that	4736
would deceive or mislead the public;	4737

(12) Being addicted to the use of alcohol, stimulants,	4738
narcotics, or any other substance which impairs the intellect and	4739
judgment to such an extent as to hinder or diminish the	4740
performance of the duties included in the person's practice of	4741
optometry;	4742

(13) Engaging in the practice of optometry as provided in	4743
division (A)(2) or (3) of section 4725.01 of the Revised Code	4744
without authority to do so or, if authorized, in a manner	4745
inconsistent with the authority granted;	4746

(14) Failing to make a report to the board as required by	4747
division (A) of section 4725.21 or section 4725.31 of the Revised	4748
Code;	4749

(15) Soliciting patients from door to door or establishing	4750
temporary offices, in which case the board shall suspend all	4751
certificates held by the optometrist;	4752

(16) Failing to comply with section 4725.092 of the Revised	4753
Code, unless the state board of pharmacy no longer maintains a	4754
drug database pursuant to section 4729.75 of the Revised Code;	4755

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

4756

(a) Waiving the payment of all or any part of a deductible or	4757
copayment that a patient, pursuant to a health insurance or health	4758
care policy, contract, or plan that covers optometric services,	4759
would otherwise be required to pay if the waiver is used as an	4760
enticement to a patient or group of patients to receive health	4761
care services from that optometrist.	4762

(b) Advertising that the optometrist will waive the payment	4763
of all or any part of a deductible or copayment that a patient,	4764
pursuant to a health insurance or health care policy, contract, or	4765
plan that covers optometric services, would otherwise be required	4766
to pay.	4767

(17) Failing to comply with the requirements in section	4768
3719.061 of the Revised Code before issuing tofor a minor a	4769
prescription for a controlled substance containingan analgesic	4770
controlled substance authorized pursuant to section 4725.091 of	4771
the Revised Code that is an opioid analgesic, as defined in	4772
section 3719.01 of the Revised Code.	4773

(C) Any person who is the holder of a certificate of	4774
licensure, or who is an applicant for a certificate of licensure	4775
against whom is preferred any charges, shall be furnished by the	4776
board with a copy of the complaint and shall have a hearing before	4777
the board in accordance with Chapter 119. of the Revised Code.	4778

(D) Sanctions shall not be imposed under division (B)(17) of	4779
this section against any optometrist who waives deductibles and	4780
copayments:	4781

(1) In compliance with the health benefit plan that expressly	4782
allows such a practice. Waiver of the deductibles or copayments	4783
shall be made only with the full knowledge and consent of the plan	4784
purchaser, payer, and third-party administrator. Documentation of	4785
the consent shall be made available to the board upon request.	4786

(2) For professional services rendered to any other	4787
optometrist licensed by the board, to the extent allowed by	4788
sections 4725.01 to 4725.34 of the Revised Code and the rules of	4789
the board.	4790

Sec. 4730.25.  (A) The state medical board, by an affirmative	4791
vote of not fewer than six members, may revoke or may refuse to	4792
grant a certificate to practice as a physician assistant or a	4793
certificate to prescribe to a person found by the board to have	4794
committed fraud, misrepresentation, or deception in applying for	4795
or securing the certificate.	4796

(B) The board, by an affirmative vote of not fewer than six	4797
members, shall, to the extent permitted by law, limit, revoke, or	4798
suspend an individual's certificate to practice as a physician	4799
assistant or certificate to prescribe, refuse to issue a	4800
certificate to an applicant, refuse to reinstate a certificate, or	4801
reprimand or place on probation the holder of a certificate for	4802
any of the following reasons:	4803

(1) Failure to practice in accordance with the conditions	4804
under which the supervising physician's supervision agreement with	4805
the physician assistant was approved, including the requirement	4806
that when practicing under a particular supervising physician, the	4807
physician assistant must practice only according to the physician	4808
supervisory plan the board approved for that physician or the	4809
policies of the health care facility in which the supervising	4810
physician and physician assistant are practicing;	4811

(2) Failure to comply with the requirements of this chapter,	4812
Chapter 4731. of the Revised Code, or any rules adopted by the	4813
board;	4814

(3) Violating or attempting to violate, directly or	4815
indirectly, or assisting in or abetting the violation of, or	4816
conspiring to violate, any provision of this chapter, Chapter	4817
4731. of the Revised Code, or the rules adopted by the board;	4818

(4) Inability to practice according to acceptable and	4819
prevailing standards of care by reason of mental illness or	4820
physical illness, including physical deterioration that adversely	4821
affects cognitive, motor, or perceptive skills;	4822

(5) Impairment of ability to practice according to acceptable	4823
and prevailing standards of care because of habitual or excessive	4824
use or abuse of drugs, alcohol, or other substances that impair	4825
ability to practice;	4826

(6) Administering drugs for purposes other than those	4827
authorized under this chapter;	4828

(7) Willfully betraying a professional confidence;

4829

(8) Making a false, fraudulent, deceptive, or misleading	4830
statement in soliciting or advertising for employment as a	4831
physician assistant; in connection with any solicitation or	4832
advertisement for patients; in relation to the practice of	4833
medicine as it pertains to physician assistants; or in securing or	4834
attempting to secure a certificate to practice as a physician	4835
assistant, a certificate to prescribe, or approval of a	4836
supervision agreement.	4837

As used in this division, "false, fraudulent, deceptive, or	4838
misleading statement" means a statement that includes a	4839
misrepresentation of fact, is likely to mislead or deceive because	4840
of a failure to disclose material facts, is intended or is likely	4841
to create false or unjustified expectations of favorable results,	4842
or includes representations or implications that in reasonable	4843
probability will cause an ordinarily prudent person to	4844
misunderstand or be deceived.	4845

(9) Representing, with the purpose of obtaining compensation	4846
or other advantage personally or for any other person, that an	4847
incurable disease or injury, or other incurable condition, can be	4848
permanently cured;	4849

(10) The obtaining of, or attempting to obtain, money or	4850
anything of value by fraudulent misrepresentations in the course	4851
of practice;	4852

(11) A plea of guilty to, a judicial finding of guilt of, or	4853
a judicial finding of eligibility for intervention in lieu of	4854
conviction for, a felony;	4855

(12) Commission of an act that constitutes a felony in this	4856
state, regardless of the jurisdiction in which the act was	4857
committed;	4858

(13) A plea of guilty to, a judicial finding of guilt of, or	4859
a judicial finding of eligibility for intervention in lieu of	4860
conviction for, a misdemeanor committed in the course of practice;	4861

(14) A plea of guilty to, a judicial finding of guilt of, or	4862
a judicial finding of eligibility for intervention in lieu of	4863
conviction for, a misdemeanor involving moral turpitude;	4864

(15) Commission of an act in the course of practice that	4865
constitutes a misdemeanor in this state, regardless of the	4866
jurisdiction in which the act was committed;	4867

(16) Commission of an act involving moral turpitude that	4868
constitutes a misdemeanor in this state, regardless of the	4869
jurisdiction in which the act was committed;	4870

(17) A plea of guilty to, a judicial finding of guilt of, or	4871
a judicial finding of eligibility for intervention in lieu of	4872
conviction for violating any state or federal law regulating the	4873
possession, distribution, or use of any drug, including	4874
trafficking in drugs;	4875

(18) Any of the following actions taken by the state agency	4876
responsible for regulating the practice of physician assistants in	4877
another state, for any reason other than the nonpayment of fees:	4878
the limitation, revocation, or suspension of an individual's	4879
license to practice; acceptance of an individual's license	4880
surrender; denial of a license; refusal to renew or reinstate a	4881
license; imposition of probation; or issuance of an order of	4882
censure or other reprimand;	4883

(19) A departure from, or failure to conform to, minimal	4884
standards of care of similar physician assistants under the same	4885
or similar circumstances, regardless of whether actual injury to a	4886
patient is established;	4887

(20) Violation of the conditions placed by the board on a	4888
certificate to practice as a physician assistant, a certificate to	4889
prescribe, a physician supervisory plan, or supervision agreement;	4890

(21) Failure to use universal blood and body fluid	4891
precautions established by rules adopted under section 4731.051 of	4892
the Revised Code;	4893

(22) Failure to cooperate in an investigation conducted by	4894
the board under section 4730.26 of the Revised Code, including	4895
failure to comply with a subpoena or order issued by the board or	4896
failure to answer truthfully a question presented by the board at	4897
a deposition or in written interrogatories, except that failure to	4898
cooperate with an investigation shall not constitute grounds for	4899
discipline under this section if a court of competent jurisdiction	4900
has issued an order that either quashes a subpoena or permits the	4901
individual to withhold the testimony or evidence in issue;	4902

(23) Assisting suicide, as defined in section 3795.01 of the	4903
Revised Code;	4904

(24) Prescribing any drug or device to perform or induce an	4905
abortion, or otherwise performing or inducing an abortion;	4906

(25) Failure to comply with section 4730.53 of the Revised	4907
Code, unless the board no longer maintains a drug database	4908
pursuant to section 4729.75 of the Revised Code;	4909

(25)(26) Failure to comply with the requirements in section	4910
3719.061 of the Revised Code before issuing tofor a minor a	4911
prescription for a controlled substance containing an opioid	4912
analgesic, as defined in section 3719.01 of the Revised Code.	4913

(C) Disciplinary actions taken by the board under divisions	4914
(A) and (B) of this section shall be taken pursuant to an	4915
adjudication under Chapter 119. of the Revised Code, except that	4916
in lieu of an adjudication, the board may enter into a consent	4917
agreement with a physician assistant or applicant to resolve an	4918
allegation of a violation of this chapter or any rule adopted	4919
under it. A consent agreement, when ratified by an affirmative	4920
vote of not fewer than six members of the board, shall constitute	4921
the findings and order of the board with respect to the matter	4922
addressed in the agreement. If the board refuses to ratify a	4923
consent agreement, the admissions and findings contained in the	4924
consent agreement shall be of no force or effect.	4925

(D) For purposes of divisions (B)(12), (15), and (16) of this	4926
section, the commission of the act may be established by a finding	4927
by the board, pursuant to an adjudication under Chapter 119. of	4928
the Revised Code, that the applicant or certificate holder	4929
committed the act in question. The board shall have no	4930
jurisdiction under these divisions in cases where the trial court	4931
renders a final judgment in the certificate holder's favor and	4932
that judgment is based upon an adjudication on the merits. The	4933
board shall have jurisdiction under these divisions in cases where	4934
the trial court issues an order of dismissal upon technical or	4935
procedural grounds.	4936

(E) The sealing of conviction records by any court shall have	4937
no effect upon a prior board order entered under the provisions of	4938
this section or upon the board's jurisdiction to take action under	4939
the provisions of this section if, based upon a plea of guilty, a	4940
judicial finding of guilt, or a judicial finding of eligibility	4941
for intervention in lieu of conviction, the board issued a notice	4942
of opportunity for a hearing prior to the court's order to seal	4943
the records. The board shall not be required to seal, destroy,	4944
redact, or otherwise modify its records to reflect the court's	4945
sealing of conviction records.	4946

(F) For purposes of this division, any individual who holds a	4947
certificate issued under this chapter, or applies for a	4948
certificate issued under this chapter, shall be deemed to have	4949
given consent to submit to a mental or physical examination when	4950
directed to do so in writing by the board and to have waived all	4951
objections to the admissibility of testimony or examination	4952
reports that constitute a privileged communication.	4953

(1) In enforcing division (B)(4) of this section, the board,	4954
upon a showing of a possible violation, may compel any individual	4955
who holds a certificate issued under this chapter or who has	4956
applied for a certificate pursuant to this chapter to submit to a	4957
mental examination, physical examination, including an HIV test,	4958
or both a mental and physical examination. The expense of the	4959
examination is the responsibility of the individual compelled to	4960
be examined. Failure to submit to a mental or physical examination	4961
or consent to an HIV test ordered by the board constitutes an	4962
admission of the allegations against the individual unless the	4963
failure is due to circumstances beyond the individual's control,	4964
and a default and final order may be entered without the taking of	4965
testimony or presentation of evidence. If the board finds a	4966
physician assistant unable to practice because of the reasons set	4967
forth in division (B)(4) of this section, the board shall require	4968
the physician assistant to submit to care, counseling, or	4969
treatment by physicians approved or designated by the board, as a	4970
condition for an initial, continued, reinstated, or renewed	4971
certificate. An individual affected under this division shall be	4972
afforded an opportunity to demonstrate to the board the ability to	4973
resume practicing in compliance with acceptable and prevailing	4974
standards of care.	4975

(2) For purposes of division (B)(5) of this section, if the	4976
board has reason to believe that any individual who holds a	4977
certificate issued under this chapter or any applicant for a	4978
certificate suffers such impairment, the board may compel the	4979
individual to submit to a mental or physical examination, or both.	4980
The expense of the examination is the responsibility of the	4981
individual compelled to be examined. Any mental or physical	4982
examination required under this division shall be undertaken by a	4983
treatment provider or physician qualified to conduct such	4984
examination and chosen by the board.	4985

Failure to submit to a mental or physical examination ordered	4986
by the board constitutes an admission of the allegations against	4987
the individual unless the failure is due to circumstances beyond	4988
the individual's control, and a default and final order may be	4989
entered without the taking of testimony or presentation of	4990
evidence. If the board determines that the individual's ability to	4991
practice is impaired, the board shall suspend the individual's	4992
certificate or deny the individual's application and shall require	4993
the individual, as a condition for initial, continued, reinstated,	4994
or renewed certification to practice or prescribe, to submit to	4995
treatment.	4996

Before being eligible to apply for reinstatement of a	4997
certificate suspended under this division, the physician assistant	4998
shall demonstrate to the board the ability to resume practice or	4999
prescribing in compliance with acceptable and prevailing standards	5000
of care. The demonstration shall include the following:	5001

(a) Certification from a treatment provider approved under	5002
section 4731.25 of the Revised Code that the individual has	5003
successfully completed any required inpatient treatment;	5004

(b) Evidence of continuing full compliance with an aftercare	5005
contract or consent agreement;	5006

(c) Two written reports indicating that the individual's	5007
ability to practice has been assessed and that the individual has	5008
been found capable of practicing according to acceptable and	5009
prevailing standards of care. The reports shall be made by	5010
individuals or providers approved by the board for making such	5011
assessments and shall describe the basis for their determination.	5012

The board may reinstate a certificate suspended under this	5013
division after such demonstration and after the individual has	5014
entered into a written consent agreement.	5015

When the impaired physician assistant resumes practice or	5016
prescribing, the board shall require continued monitoring of the	5017
physician assistant. The monitoring shall include compliance with	5018
the written consent agreement entered into before reinstatement or	5019
with conditions imposed by board order after a hearing, and, upon	5020
termination of the consent agreement, submission to the board for	5021
at least two years of annual written progress reports made under	5022
penalty of falsification stating whether the physician assistant	5023
has maintained sobriety.	5024

(G) If the secretary and supervising member determine that	5025
there is clear and convincing evidence that a physician assistant	5026
has violated division (B) of this section and that the	5027
individual's continued practice or prescribing presents a danger	5028
of immediate and serious harm to the public, they may recommend	5029
that the board suspend the individual's certificate to practice or	5030
prescribe without a prior hearing. Written allegations shall be	5031
prepared for consideration by the board.	5032

The board, upon review of those allegations and by an	5033
affirmative vote of not fewer than six of its members, excluding	5034
the secretary and supervising member, may suspend a certificate	5035
without a prior hearing. A telephone conference call may be	5036
utilized for reviewing the allegations and taking the vote on the	5037
summary suspension.	5038

The board shall issue a written order of suspension by	5039
certified mail or in person in accordance with section 119.07 of	5040
the Revised Code. The order shall not be subject to suspension by	5041
the court during pendency of any appeal filed under section 119.12	5042
of the Revised Code. If the physician assistant requests an	5043
adjudicatory hearing by the board, the date set for the hearing	5044
shall be within fifteen days, but not earlier than seven days,	5045
after the physician assistant requests the hearing, unless	5046
otherwise agreed to by both the board and the certificate holder.	5047

A summary suspension imposed under this division shall remain	5048
in effect, unless reversed on appeal, until a final adjudicative	5049
order issued by the board pursuant to this section and Chapter	5050
119. of the Revised Code becomes effective. The board shall issue	5051
its final adjudicative order within sixty days after completion of	5052
its hearing. Failure to issue the order within sixty days shall	5053
result in dissolution of the summary suspension order, but shall	5054
not invalidate any subsequent, final adjudicative order.	5055

(H) If the board takes action under division (B)(11), (13),	5056
or (14) of this section, and the judicial finding of guilt, guilty	5057
plea, or judicial finding of eligibility for intervention in lieu	5058
of conviction is overturned on appeal, upon exhaustion of the	5059
criminal appeal, a petition for reconsideration of the order may	5060
be filed with the board along with appropriate court documents.	5061
Upon receipt of a petition and supporting court documents, the	5062
board shall reinstate the certificate to practice or prescribe.	5063
The board may then hold an adjudication under Chapter 119. of the	5064
Revised Code to determine whether the individual committed the act	5065
in question. Notice of opportunity for hearing shall be given in	5066
accordance with Chapter 119. of the Revised Code. If the board	5067
finds, pursuant to an adjudication held under this division, that	5068
the individual committed the act, or if no hearing is requested,	5069
it may order any of the sanctions identified under division (B) of	5070
this section.	5071

(I) The certificate to practice issued to a physician	5072
assistant and the physician assistant's practice in this state are	5073
automatically suspended as of the date the physician assistant	5074
pleads guilty to, is found by a judge or jury to be guilty of, or	5075
is subject to a judicial finding of eligibility for intervention	5076
in lieu of conviction in this state or treatment or intervention	5077
in lieu of conviction in another state for any of the following	5078
criminal offenses in this state or a substantially equivalent	5079
criminal offense in another jurisdiction: aggravated murder,	5080
murder, voluntary manslaughter, felonious assault, kidnapping,	5081
rape, sexual battery, gross sexual imposition, aggravated arson,	5082
aggravated robbery, or aggravated burglary. Continued practice	5083
after the suspension shall be considered practicing without a	5084
certificate.	5085

The board shall notify the individual subject to the	5086
suspension by certified mail or in person in accordance with	5087
section 119.07 of the Revised Code. If an individual whose	5088
certificate is suspended under this division fails to make a	5089
timely request for an adjudication under Chapter 119. of the	5090
Revised Code, the board shall enter a final order permanently	5091
revoking the individual's certificate to practice.	5092

(J) In any instance in which the board is required by Chapter	5093
119. of the Revised Code to give notice of opportunity for hearing	5094
and the individual subject to the notice does not timely request a	5095
hearing in accordance with section 119.07 of the Revised Code, the	5096
board is not required to hold a hearing, but may adopt, by an	5097
affirmative vote of not fewer than six of its members, a final	5098
order that contains the board's findings. In that final order, the	5099
board may order any of the sanctions identified under division (A)	5100
or (B) of this section.	5101

(K) Any action taken by the board under division (B) of this	5102
section resulting in a suspension shall be accompanied by a	5103
written statement of the conditions under which the physician	5104
assistant's certificate may be reinstated. The board shall adopt	5105
rules in accordance with Chapter 119. of the Revised Code	5106
governing conditions to be imposed for reinstatement.	5107
Reinstatement of a certificate suspended pursuant to division (B)	5108
of this section requires an affirmative vote of not fewer than six	5109
members of the board.	5110

(L) When the board refuses to grant to an applicant a	5111
certificate to practice as a physician assistant or a certificate	5112
to prescribe, revokes an individual's certificate, refuses to	5113
issue a certificate, or refuses to reinstate an individual's	5114
certificate, the board may specify that its action is permanent.	5115
An individual subject to a permanent action taken by the board is	5116
forever thereafter ineligible to hold the certificate and the	5117
board shall not accept an application for reinstatement of the	5118
certificate or for issuance of a new certificate.	5119

(M) Notwithstanding any other provision of the Revised Code,	5120
all of the following apply:	5121

(1) The surrender of a certificate issued under this chapter	5122
is not effective unless or until accepted by the board.	5123
Reinstatement of a certificate surrendered to the board requires	5124
an affirmative vote of not fewer than six members of the board.	5125

(2) An application made under this chapter for a certificate,	5126
approval of a physician supervisory plan, or approval of a	5127
supervision agreement may not be withdrawn without approval of the	5128
board.	5129

(3) Failure by an individual to renew a certificate in	5130
accordance with section 4730.14 or section 4730.48 of the Revised	5131
Code shall not remove or limit the board's jurisdiction to take	5132
disciplinary action under this section against the individual.	5133

Sec. 4730.53. (A) As used in this section, "drug:

5134

(1) "Drug database" means the database established and	5135
maintained by the state board of pharmacy pursuant to section	5136
4729.75 of the Revised Code.	5137

(2) "Opioid analgesic" and "benzodiazepine" have the same	5138
meanings as in section 3719.01 of the Revised Code.	5139

(B) Except as provided in divisions (C) and (E) of this	5140
section, a physician assistant holding a certificate to prescribe	5141
issued under this chapter shall comply with all of the following	5142
as conditions of prescribing a drug that is either an opioid	5143
analgesic or a benzodiazepine as part of a patient's course of	5144
treatment for a particular condition:	5145

(1) Before initially prescribing the drug, the physician	5146
assistant or the physician assistant's delegate shall request from	5147
the drug database a report of information related to the patient	5148
that covers at least the twelve months immediately preceding the	5149
date of the request. If the physician assistant practices	5150
primarily in a county of this state that adjoins another state,	5151
the physician assistant or delegate also shall request a report of	5152
any information available in the drug database that pertains to	5153
prescriptions issued or drugs furnished to the patient in the	5154
state adjoining that county.	5155

(2) If the patient's course of treatment for the condition	5156
continues for more than ninety days after the initial report is	5157
requested, the physician assistant or delegate shall make periodic	5158
requests for reports of information from the drug database until	5159
the course of treatment has ended. The requests shall be made at	5160
intervals not exceeding ninety days, determined according to the	5161
date the initial request was made. The request shall be made in	5162
the same manner provided in division (B)(1) of this section for	5163
requesting the initial report of information from the drug	5164
database.	5165

(3) On receipt of a report under division (B)(1) or (2) of	5166
this section, the physician assistant shall assess the information	5167
in the report. The physician assistant shall document in the	5168
patient's record that the report was received and the information	5169
was assessed.	5170

(C) Division (B) of this section does not apply in any of the	5171
following circumstances:	5172

(1) A drug database report regarding the patient is not	5173
available, in which case the physician assistant shall document in	5174
the patient's record the reason that the report is not available.	5175

(2) The drug is prescribed in an amount indicated for a	5176
period not to exceed seven days.	5177

(3) The drug is prescribed for the treatment of cancer or	5178
another condition associated with cancer.	5179

(4) The drug is prescribed to a hospice patient in a hospice	5180
care program, as those terms are defined in section 3712.01 of the	5181
Revised Code, or any other patient diagnosed as terminally ill.	5182

(5) The drug is prescribed for administration in a hospital,	5183
nursing home, or residential care facility.	5184

(D) With respect to prescribing any drug that is not an	5185
opioid analgesic or a benzodiazepine but is included in the drug	5186
database pursuant to rules adopted under section 4729.84 of the	5187
Revised Code, theThe state medical board shallmay adopt rules	5188
that establish standards and procedures to be followed by a	5189
physician assistant who holds a certificate to prescribe issued	5190
under this chapter regarding the review of patient information	5191
available through the drug database under division (A)(5) of	5192
section 4729.80 of the Revised Code. The rules shall be adopted in	5193
accordance with Chapter 119. of the Revised Code.	5194

(E) This section and theany rules adopted under it do not	5195
apply if the state board of pharmacy no longer maintains the drug	5196
database.	5197

Sec. 4731.055. (A) As used in this section:

5198

(1) "Drug database" means the database established and	5199
maintained by the state board of pharmacy pursuant to section	5200
4729.75 of the Revised Code.	5201

(2) "Physician" means an individual authorized under this	5202
chapter to practice medicine and surgery, osteopathic medicine and	5203
surgery, or podiatric medicine and surgery.	5204

(3) "Opioid analgesic" and "benzodiazepine" have the same	5205
meanings as in section 3719.01 of the Revised Code.	5206

(B) Except as provided in divisions (C) and (E) of this	5207
section, a physician shall comply with all of the following as	5208
conditions of prescribing a drug that is either an opioid	5209
analgesic or a benzodiazepine, or personally furnishing a complete	5210
or partial supply of such a drug, as part of a patient's course of	5211
treatment for a particular condition:	5212

(1) Before initially prescribing or furnishing the drug, the	5213
physician or the physician's delegate shall request from the drug	5214
database a report of information related to the patient that	5215
covers at least the twelve months immediately preceding the date	5216
of the request. If the physician practices primarily in a county	5217
of this state that adjoins another state, the physician or	5218
delegate also shall request a report of any information available	5219
in the drug database that pertains to prescriptions issued or	5220
drugs furnished to the patient in the state adjoining that county.	5221

(2) If the patient's course of treatment for the condition	5222
continues for more than ninety days after the initial report is	5223
requested, the physician or delegate shall make periodic requests	5224
for reports of information from the drug database until the course	5225
of treatment has ended. The requests shall be made at intervals	5226
not exceeding ninety days, determined according to the date the	5227
initial request was made. The request shall be made in the same	5228
manner provided in division (B)(1) of this section for requesting	5229
the initial report of information from the drug database.	5230

(3) On receipt of a report under division (B)(1) or (2) of	5231
this section, the physician shall assess the information in the	5232
report. The physician shall document in the patient's record that	5233
the report was received and the information was assessed.	5234

(C) Division (B) of this section does not apply in any of the	5235
following circumstances:	5236

(1) A drug database report regarding the patient is not	5237
available, in which case the physician shall document in the	5238
patient's record the reason that the report is not available.	5239

(2) The drug is prescribed or personally furnished in an	5240
amount indicated for a period not to exceed seven days.	5241

(3) The drug is prescribed or personally furnished for the	5242
treatment of cancer or another condition associated with cancer.	5243

(4) The drug is prescribed or personally furnished to a	5244
hospice patient in a hospice care program, as those terms are	5245
defined in section 3712.01 of the Revised Code, or any other	5246
patient diagnosed as terminally ill.	5247

(5) The drug is prescribed or personally furnished for	5248
administration in a hospital, nursing home, or residential care	5249
facility.	5250

(6) The drug is prescribed or personally furnished to treat	5251
acute pain resulting from a surgical or other invasive procedure	5252
or a delivery.	5253

(D) With respect to prescribing or personally furnishing any	5254
drug that is not an opioid analgesic or a benzodiazepine but is	5255
included in the drug database pursuant to rules adopted under	5256
section 4729.84 of the Revised Code, theThe state medical board	5257
shallmay adopt rules that establish standards and procedures to	5258
be followed by a physician regarding the review of patient	5259
information available through the drug database under division	5260
(A)(5) of section 4729.80 of the Revised Code. The rules shall be	5261
adopted in accordance with Chapter 119. of the Revised Code.	5262

(E) This section and theany rules adopted under it do not	5263
apply if the state board of pharmacy no longer maintains the drug	5264
database.	5265

Sec. 4731.22.  (A) The state medical board, by an affirmative	5266
vote of not fewer than six of its members, may limit, revoke, or	5267
suspend an individual's certificate to practice, refuse to grant a	5268
certificate to an individual, refuse to register an individual,	5269
refuse to reinstate a certificate, or reprimand or place on	5270
probation the holder of a certificate if the individual or	5271
certificate holder is found by the board to have committed fraud	5272
during the administration of the examination for a certificate to	5273
practice or to have committed fraud, misrepresentation, or	5274
deception in applying for or securing any certificate to practice	5275
or certificate of registration issued by the board.	5276

(B) The board, by an affirmative vote of not fewer than six	5277
members, shall, to the extent permitted by law, limit, revoke, or	5278
suspend an individual's certificate to practice, refuse to	5279
register an individual, refuse to reinstate a certificate, or	5280
reprimand or place on probation the holder of a certificate for	5281
one or more of the following reasons:	5282

(1) Permitting one's name or one's certificate to practice or	5283
certificate of registration to be used by a person, group, or	5284
corporation when the individual concerned is not actually	5285
directing the treatment given;	5286

(2) Failure to maintain minimal standards applicable to the	5287
selection or administration of drugs, or failure to employ	5288
acceptable scientific methods in the selection of drugs or other	5289
modalities for treatment of disease;	5290

(3) Selling, giving away, personally furnishing, prescribing,	5291
or administering drugs for other than legal and legitimate	5292
therapeutic purposes or a plea of guilty to, a judicial finding of	5293
guilt of, or a judicial finding of eligibility for intervention in	5294
lieu of conviction of, a violation of any federal or state law	5295
regulating the possession, distribution, or use of any drug;	5296

(4) Willfully betraying a professional confidence.

5297

For purposes of this division, "willfully betraying a	5298
professional confidence" does not include providing any	5299
information, documents, or reports to a child fatality review	5300
board under sections 307.621 to 307.629 of the Revised Code and	5301
does not include the making of a report of an employee's use of a	5302
drug of abuse, or a report of a condition of an employee other	5303
than one involving the use of a drug of abuse, to the employer of	5304
the employee as described in division (B) of section 2305.33 of	5305
the Revised Code. Nothing in this division affects the immunity	5306
from civil liability conferred by that section upon a physician	5307
who makes either type of report in accordance with division (B) of	5308
that section. As used in this division, "employee," "employer,"	5309
and "physician" have the same meanings as in section 2305.33 of	5310
the Revised Code.	5311

(5) Making a false, fraudulent, deceptive, or misleading	5312
statement in the solicitation of or advertising for patients; in	5313
relation to the practice of medicine and surgery, osteopathic	5314
medicine and surgery, podiatric medicine and surgery, or a limited	5315
branch of medicine; or in securing or attempting to secure any	5316
certificate to practice or certificate of registration issued by	5317
the board.	5318

As used in this division, "false, fraudulent, deceptive, or	5319
misleading statement" means a statement that includes a	5320
misrepresentation of fact, is likely to mislead or deceive because	5321
of a failure to disclose material facts, is intended or is likely	5322
to create false or unjustified expectations of favorable results,	5323
or includes representations or implications that in reasonable	5324
probability will cause an ordinarily prudent person to	5325
misunderstand or be deceived.	5326

(6) A departure from, or the failure to conform to, minimal	5327
standards of care of similar practitioners under the same or	5328
similar circumstances, whether or not actual injury to a patient	5329
is established;	5330

(7) Representing, with the purpose of obtaining compensation	5331
or other advantage as personal gain or for any other person, that	5332
an incurable disease or injury, or other incurable condition, can	5333
be permanently cured;	5334

(8) The obtaining of, or attempting to obtain, money or	5335
anything of value by fraudulent misrepresentations in the course	5336
of practice;	5337

(9) A plea of guilty to, a judicial finding of guilt of, or a	5338
judicial finding of eligibility for intervention in lieu of	5339
conviction for, a felony;	5340

(10) Commission of an act that constitutes a felony in this	5341
state, regardless of the jurisdiction in which the act was	5342
committed;	5343

(11) A plea of guilty to, a judicial finding of guilt of, or	5344
a judicial finding of eligibility for intervention in lieu of	5345
conviction for, a misdemeanor committed in the course of practice;	5346

(12) Commission of an act in the course of practice that	5347
constitutes a misdemeanor in this state, regardless of the	5348
jurisdiction in which the act was committed;	5349

(13) A plea of guilty to, a judicial finding of guilt of, or	5350
a judicial finding of eligibility for intervention in lieu of	5351
conviction for, a misdemeanor involving moral turpitude;	5352

(14) Commission of an act involving moral turpitude that	5353
constitutes a misdemeanor in this state, regardless of the	5354
jurisdiction in which the act was committed;	5355

(15) Violation of the conditions of limitation placed by the	5356
board upon a certificate to practice;	5357

(16) Failure to pay license renewal fees specified in this	5358
chapter;	5359

(17) Except as authorized in section 4731.31 of the Revised	5360
Code, engaging in the division of fees for referral of patients,	5361
or the receiving of a thing of value in return for a specific	5362
referral of a patient to utilize a particular service or business;	5363

(18) Subject to section 4731.226 of the Revised Code,	5364
violation of any provision of a code of ethics of the American	5365
medical association, the American osteopathic association, the	5366
American podiatric medical association, or any other national	5367
professional organizations that the board specifies by rule. The	5368
state medical board shall obtain and keep on file current copies	5369
of the codes of ethics of the various national professional	5370
organizations. The individual whose certificate is being suspended	5371
or revoked shall not be found to have violated any provision of a	5372
code of ethics of an organization not appropriate to the	5373
individual's profession.	5374

For purposes of this division, a "provision of a code of	5375
ethics of a national professional organization" does not include	5376
any provision that would preclude the making of a report by a	5377
physician of an employee's use of a drug of abuse, or of a	5378
condition of an employee other than one involving the use of a	5379
drug of abuse, to the employer of the employee as described in	5380
division (B) of section 2305.33 of the Revised Code. Nothing in	5381
this division affects the immunity from civil liability conferred	5382
by that section upon a physician who makes either type of report	5383
in accordance with division (B) of that section. As used in this	5384
division, "employee," "employer," and "physician" have the same	5385
meanings as in section 2305.33 of the Revised Code.	5386

(19) Inability to practice according to acceptable and	5387
prevailing standards of care by reason of mental illness or	5388
physical illness, including, but not limited to, physical	5389
deterioration that adversely affects cognitive, motor, or	5390
perceptive skills.	5391

In enforcing this division, the board, upon a showing of a	5392
possible violation, may compel any individual authorized to	5393
practice by this chapter or who has submitted an application	5394
pursuant to this chapter to submit to a mental examination,	5395
physical examination, including an HIV test, or both a mental and	5396
a physical examination. The expense of the examination is the	5397
responsibility of the individual compelled to be examined. Failure	5398
to submit to a mental or physical examination or consent to an HIV	5399
test ordered by the board constitutes an admission of the	5400
allegations against the individual unless the failure is due to	5401
circumstances beyond the individual's control, and a default and	5402
final order may be entered without the taking of testimony or	5403
presentation of evidence. If the board finds an individual unable	5404
to practice because of the reasons set forth in this division, the	5405
board shall require the individual to submit to care, counseling,	5406
or treatment by physicians approved or designated by the board, as	5407
a condition for initial, continued, reinstated, or renewed	5408
authority to practice. An individual affected under this division	5409
shall be afforded an opportunity to demonstrate to the board the	5410
ability to resume practice in compliance with acceptable and	5411
prevailing standards under the provisions of the individual's	5412
certificate. For the purpose of this division, any individual who	5413
applies for or receives a certificate to practice under this	5414
chapter accepts the privilege of practicing in this state and, by	5415
so doing, shall be deemed to have given consent to submit to a	5416
mental or physical examination when directed to do so in writing	5417
by the board, and to have waived all objections to the	5418
admissibility of testimony or examination reports that constitute	5419
a privileged communication.	5420

(20) Except when civil penalties are imposed under section	5421
4731.225 or 4731.281 of the Revised Code, and subject to section	5422
4731.226 of the Revised Code, violating or attempting to violate,	5423
directly or indirectly, or assisting in or abetting the violation	5424
of, or conspiring to violate, any provisions of this chapter or	5425
any rule promulgated by the board.	5426

This division does not apply to a violation or attempted	5427
violation of, assisting in or abetting the violation of, or a	5428
conspiracy to violate, any provision of this chapter or any rule	5429
adopted by the board that would preclude the making of a report by	5430
a physician of an employee's use of a drug of abuse, or of a	5431
condition of an employee other than one involving the use of a	5432
drug of abuse, to the employer of the employee as described in	5433
division (B) of section 2305.33 of the Revised Code. Nothing in	5434
this division affects the immunity from civil liability conferred	5435
by that section upon a physician who makes either type of report	5436
in accordance with division (B) of that section. As used in this	5437
division, "employee," "employer," and "physician" have the same	5438
meanings as in section 2305.33 of the Revised Code.	5439

(21) The violation of section 3701.79 of the Revised Code or	5440
of any abortion rule adopted by the public health council pursuant	5441
to section 3701.341 of the Revised Code;	5442

(22) Any of the following actions taken by an agency	5443
responsible for authorizing, certifying, or regulating an	5444
individual to practice a health care occupation or provide health	5445
care services in this state or another jurisdiction, for any	5446
reason other than the nonpayment of fees: the limitation,	5447
revocation, or suspension of an individual's license to practice;	5448
acceptance of an individual's license surrender; denial of a	5449
license; refusal to renew or reinstate a license; imposition of	5450
probation; or issuance of an order of censure or other reprimand;	5451

(23) The violation of section 2919.12 of the Revised Code or	5452
the performance or inducement of an abortion upon a pregnant woman	5453
with actual knowledge that the conditions specified in division	5454
(B) of section 2317.56 of the Revised Code have not been satisfied	5455
or with a heedless indifference as to whether those conditions	5456
have been satisfied, unless an affirmative defense as specified in	5457
division (H)(2) of that section would apply in a civil action	5458
authorized by division (H)(1) of that section;	5459

(24) The revocation, suspension, restriction, reduction, or	5460
termination of clinical privileges by the United States department	5461
of defense or department of veterans affairs or the termination or	5462
suspension of a certificate of registration to prescribe drugs by	5463
the drug enforcement administration of the United States	5464
department of justice;	5465

(25) Termination or suspension from participation in the	5466
medicare or medicaid programs by the department of health and	5467
human services or other responsible agency for any act or acts	5468
that also would constitute a violation of division (B)(2), (3),	5469
(6), (8), or (19) of this section;	5470

(26) Impairment of ability to practice according to	5471
acceptable and prevailing standards of care because of habitual or	5472
excessive use or abuse of drugs, alcohol, or other substances that	5473
impair ability to practice.	5474

For the purposes of this division, any individual authorized	5475
to practice by this chapter accepts the privilege of practicing in	5476
this state subject to supervision by the board. By filing an	5477
application for or holding a certificate to practice under this	5478
chapter, an individual shall be deemed to have given consent to	5479
submit to a mental or physical examination when ordered to do so	5480
by the board in writing, and to have waived all objections to the	5481
admissibility of testimony or examination reports that constitute	5482
privileged communications.	5483

If it has reason to believe that any individual authorized to	5484
practice by this chapter or any applicant for certification to	5485
practice suffers such impairment, the board may compel the	5486
individual to submit to a mental or physical examination, or both.	5487
The expense of the examination is the responsibility of the	5488
individual compelled to be examined. Any mental or physical	5489
examination required under this division shall be undertaken by a	5490
treatment provider or physician who is qualified to conduct the	5491
examination and who is chosen by the board.	5492

Failure to submit to a mental or physical examination ordered	5493
by the board constitutes an admission of the allegations against	5494
the individual unless the failure is due to circumstances beyond	5495
the individual's control, and a default and final order may be	5496
entered without the taking of testimony or presentation of	5497
evidence. If the board determines that the individual's ability to	5498
practice is impaired, the board shall suspend the individual's	5499
certificate or deny the individual's application and shall require	5500
the individual, as a condition for initial, continued, reinstated,	5501
or renewed certification to practice, to submit to treatment.	5502

Before being eligible to apply for reinstatement of a	5503
certificate suspended under this division, the impaired	5504
practitioner shall demonstrate to the board the ability to resume	5505
practice in compliance with acceptable and prevailing standards of	5506
care under the provisions of the practitioner's certificate. The	5507
demonstration shall include, but shall not be limited to, the	5508
following:	5509

(a) Certification from a treatment provider approved under	5510
section 4731.25 of the Revised Code that the individual has	5511
successfully completed any required inpatient treatment;	5512

(b) Evidence of continuing full compliance with an aftercare	5513
contract or consent agreement;	5514

(c) Two written reports indicating that the individual's	5515
ability to practice has been assessed and that the individual has	5516
been found capable of practicing according to acceptable and	5517
prevailing standards of care. The reports shall be made by	5518
individuals or providers approved by the board for making the	5519
assessments and shall describe the basis for their determination.	5520

The board may reinstate a certificate suspended under this	5521
division after that demonstration and after the individual has	5522
entered into a written consent agreement.	5523

When the impaired practitioner resumes practice, the board	5524
shall require continued monitoring of the individual. The	5525
monitoring shall include, but not be limited to, compliance with	5526
the written consent agreement entered into before reinstatement or	5527
with conditions imposed by board order after a hearing, and, upon	5528
termination of the consent agreement, submission to the board for	5529
at least two years of annual written progress reports made under	5530
penalty of perjury stating whether the individual has maintained	5531
sobriety.	5532

(27) A second or subsequent violation of section 4731.66 or	5533
4731.69 of the Revised Code;	5534

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

5535

(a) Waiving the payment of all or any part of a deductible or	5536
copayment that a patient, pursuant to a health insurance or health	5537
care policy, contract, or plan that covers the individual's	5538
services, otherwise would be required to pay if the waiver is used	5539
as an enticement to a patient or group of patients to receive	5540
health care services from that individual;	5541

(b) Advertising that the individual will waive the payment of	5542
all or any part of a deductible or copayment that a patient,	5543
pursuant to a health insurance or health care policy, contract, or	5544
plan that covers the individual's services, otherwise would be	5545
required to pay.	5546

(29) Failure to use universal blood and body fluid	5547
precautions established by rules adopted under section 4731.051 of	5548
the Revised Code;	5549

(30) Failure to provide notice to, and receive acknowledgment	5550
of the notice from, a patient when required by section 4731.143 of	5551
the Revised Code prior to providing nonemergency professional	5552
services, or failure to maintain that notice in the patient's	5553
file;	5554

(31) Failure of a physician supervising a physician assistant	5555
to maintain supervision in accordance with the requirements of	5556
Chapter 4730. of the Revised Code and the rules adopted under that	5557
chapter;	5558

(32) Failure of a physician or podiatrist to enter into a	5559
standard care arrangement with a clinical nurse specialist,	5560
certified nurse-midwife, or certified nurse practitioner with whom	5561
the physician or podiatrist is in collaboration pursuant to	5562
section 4731.27 of the Revised Code or failure to fulfill the	5563
responsibilities of collaboration after entering into a standard	5564
care arrangement;	5565

(33) Failure to comply with the terms of a consult agreement	5566
entered into with a pharmacist pursuant to section 4729.39 of the	5567
Revised Code;	5568

(34) Failure to cooperate in an investigation conducted by	5569
the board under division (F) of this section, including failure to	5570
comply with a subpoena or order issued by the board or failure to	5571
answer truthfully a question presented by the board in an	5572
investigative interview, an investigative office conference, at a	5573
deposition, or in written interrogatories, except that failure to	5574
cooperate with an investigation shall not constitute grounds for	5575
discipline under this section if a court of competent jurisdiction	5576
has issued an order that either quashes a subpoena or permits the	5577
individual to withhold the testimony or evidence in issue;	5578

(35) Failure to supervise an oriental medicine practitioner	5579
or acupuncturist in accordance with Chapter 4762. of the Revised	5580
Code and the board's rules for providing that supervision;	5581

(36) Failure to supervise an anesthesiologist assistant in	5582
accordance with Chapter 4760. of the Revised Code and the board's	5583
rules for supervision of an anesthesiologist assistant;	5584

(37) Assisting suicide, as defined in section 3795.01 of the	5585
Revised Code;	5586

(38) Failure to comply with the requirements of section	5587
2317.561 of the Revised Code;	5588

(39) Failure to supervise a radiologist assistant in	5589
accordance with Chapter 4774. of the Revised Code and the board's	5590
rules for supervision of radiologist assistants;	5591

(40) Performing or inducing an abortion at an office or	5592
facility with knowledge that the office or facility fails to post	5593
the notice required under section 3701.791 of the Revised Code;	5594

(41) Failure to comply with the standards and procedures	5595
established in rules under section 4731.054 of the Revised Code	5596
for the operation of or the provision of care at a pain management	5597
clinic;	5598

(42) Failure to comply with the standards and procedures	5599
established in rules under section 4731.054 of the Revised Code	5600
for providing supervision, direction, and control of individuals	5601
at a pain management clinic;	5602

(43) Failure to comply with the requirements of section	5603
4729.79 or 4731.055 of the Revised Code, unless the state board of	5604
pharmacy no longer maintains a drug database pursuant to section	5605
4729.75 of the Revised Code;	5606

(44) Failure to comply with the requirements of section	5607
2919.171 of the Revised Code or failure to submit to the	5608
department of health in accordance with a court order a complete	5609
report as described in section 2919.171 of the Revised Code;	5610

(45) Practicing at a facility that is subject to licensure as	5611
a category III terminal distributor of dangerous drugs with a pain	5612
management clinic classification unless the person operating the	5613
facility has obtained and maintains the license with the	5614
classification;	5615

(46) Owning a facility that is subject to licensure as a	5616
category III terminal distributor of dangerous drugs with a pain	5617
management clinic classification unless the facility is licensed	5618
with the classification;	5619

(47) Failure to comply with the requirement regarding	5620
maintaining notes described in division (B) of section 2919.191 of	5621
the Revised Code or failure to satisfy the requirements of section	5622
2919.191 of the Revised Code prior to performing or inducing an	5623
abortion upon a pregnant woman;	5624

(48) Failure to comply with the requirements in section	5625
3719.061 of the Revised Code before issuing tofor a minor a	5626
prescription for a controlled substance containing an opioid	5627
analgesic, as defined in section 3719.01 of the Revised Code.	5628

(C) Disciplinary actions taken by the board under divisions	5629
(A) and (B) of this section shall be taken pursuant to an	5630
adjudication under Chapter 119. of the Revised Code, except that	5631
in lieu of an adjudication, the board may enter into a consent	5632
agreement with an individual to resolve an allegation of a	5633
violation of this chapter or any rule adopted under it. A consent	5634
agreement, when ratified by an affirmative vote of not fewer than	5635
six members of the board, shall constitute the findings and order	5636
of the board with respect to the matter addressed in the	5637
agreement. If the board refuses to ratify a consent agreement, the	5638
admissions and findings contained in the consent agreement shall	5639
be of no force or effect.	5640

A telephone conference call may be utilized for ratification	5641
of a consent agreement that revokes or suspends an individual's	5642
certificate to practice. The telephone conference call shall be	5643
considered a special meeting under division (F) of section 121.22	5644
of the Revised Code.	5645

If the board takes disciplinary action against an individual	5646
under division (B) of this section for a second or subsequent plea	5647
of guilty to, or judicial finding of guilt of, a violation of	5648
section 2919.123 of the Revised Code, the disciplinary action	5649
shall consist of a suspension of the individual's certificate to	5650
practice for a period of at least one year or, if determined	5651
appropriate by the board, a more serious sanction involving the	5652
individual's certificate to practice. Any consent agreement	5653
entered into under this division with an individual that pertains	5654
to a second or subsequent plea of guilty to, or judicial finding	5655
of guilt of, a violation of that section shall provide for a	5656
suspension of the individual's certificate to practice for a	5657
period of at least one year or, if determined appropriate by the	5658
board, a more serious sanction involving the individual's	5659
certificate to practice.	5660

(D) For purposes of divisions (B)(10), (12), and (14) of this	5661
section, the commission of the act may be established by a finding	5662
by the board, pursuant to an adjudication under Chapter 119. of	5663
the Revised Code, that the individual committed the act. The board	5664
does not have jurisdiction under those divisions if the trial	5665
court renders a final judgment in the individual's favor and that	5666
judgment is based upon an adjudication on the merits. The board	5667
has jurisdiction under those divisions if the trial court issues	5668
an order of dismissal upon technical or procedural grounds.	5669

(E) The sealing of conviction records by any court shall have	5670
no effect upon a prior board order entered under this section or	5671
upon the board's jurisdiction to take action under this section	5672
if, based upon a plea of guilty, a judicial finding of guilt, or a	5673
judicial finding of eligibility for intervention in lieu of	5674
conviction, the board issued a notice of opportunity for a hearing	5675
prior to the court's order to seal the records. The board shall	5676
not be required to seal, destroy, redact, or otherwise modify its	5677
records to reflect the court's sealing of conviction records.	5678

(F)(1) The board shall investigate evidence that appears to	5679
show that a person has violated any provision of this chapter or	5680
any rule adopted under it. Any person may report to the board in a	5681
signed writing any information that the person may have that	5682
appears to show a violation of any provision of this chapter or	5683
any rule adopted under it. In the absence of bad faith, any person	5684
who reports information of that nature or who testifies before the	5685
board in any adjudication conducted under Chapter 119. of the	5686
Revised Code shall not be liable in damages in a civil action as a	5687
result of the report or testimony. Each complaint or allegation of	5688
a violation received by the board shall be assigned a case number	5689
and shall be recorded by the board.	5690

(2) Investigations of alleged violations of this chapter or	5691
any rule adopted under it shall be supervised by the supervising	5692
member elected by the board in accordance with section 4731.02 of	5693
the Revised Code and by the secretary as provided in section	5694
4731.39 of the Revised Code. The president may designate another	5695
member of the board to supervise the investigation in place of the	5696
supervising member. No member of the board who supervises the	5697
investigation of a case shall participate in further adjudication	5698
of the case.	5699

(3) In investigating a possible violation of this chapter or	5700
any rule adopted under this chapter, or in conducting an	5701
inspection under division (E) of section 4731.054 of the Revised	5702
Code, the board may question witnesses, conduct interviews,	5703
administer oaths, order the taking of depositions, inspect and	5704
copy any books, accounts, papers, records, or documents, issue	5705
subpoenas, and compel the attendance of witnesses and production	5706
of books, accounts, papers, records, documents, and testimony,	5707
except that a subpoena for patient record information shall not be	5708
issued without consultation with the attorney general's office and	5709
approval of the secretary and supervising member of the board.	5710

(a) Before issuance of a subpoena for patient record	5711
information, the secretary and supervising member shall determine	5712
whether there is probable cause to believe that the complaint	5713
filed alleges a violation of this chapter or any rule adopted	5714
under it and that the records sought are relevant to the alleged	5715
violation and material to the investigation. The subpoena may	5716
apply only to records that cover a reasonable period of time	5717
surrounding the alleged violation.	5718

(b) On failure to comply with any subpoena issued by the	5719
board and after reasonable notice to the person being subpoenaed,	5720
the board may move for an order compelling the production of	5721
persons or records pursuant to the Rules of Civil Procedure.	5722

(c) A subpoena issued by the board may be served by a	5723
sheriff, the sheriff's deputy, or a board employee designated by	5724
the board. Service of a subpoena issued by the board may be made	5725
by delivering a copy of the subpoena to the person named therein,	5726
reading it to the person, or leaving it at the person's usual	5727
place of residence, usual place of business, or address on file	5728
with the board. When serving a subpoena to an applicant for or the	5729
holder of a certificate issued under this chapter, service of the	5730
subpoena may be made by certified mail, return receipt requested,	5731
and the subpoena shall be deemed served on the date delivery is	5732
made or the date the person refuses to accept delivery. If the	5733
person being served refuses to accept the subpoena or is not	5734
located, service may be made to an attorney who notifies the board	5735
that the attorney is representing the person.	5736

(d) A sheriff's deputy who serves a subpoena shall receive	5737
the same fees as a sheriff. Each witness who appears before the	5738
board in obedience to a subpoena shall receive the fees and	5739
mileage provided for under section 119.094 of the Revised Code.	5740

(4) All hearings, investigations, and inspections of the	5741
board shall be considered civil actions for the purposes of	5742
section 2305.252 of the Revised Code.	5743

(5) A report required to be submitted to the board under this	5744
chapter, a complaint, or information received by the board	5745
pursuant to an investigation or pursuant to an inspection under	5746
division (E) of section 4731.054 of the Revised Code is	5747
confidential and not subject to discovery in any civil action.	5748

The board shall conduct all investigations or inspections and	5749
proceedings in a manner that protects the confidentiality of	5750
patients and persons who file complaints with the board. The board	5751
shall not make public the names or any other identifying	5752
information about patients or complainants unless proper consent	5753
is given or, in the case of a patient, a waiver of the patient	5754
privilege exists under division (B) of section 2317.02 of the	5755
Revised Code, except that consent or a waiver of that nature is	5756
not required if the board possesses reliable and substantial	5757
evidence that no bona fide physician-patient relationship exists.	5758

The board may share any information it receives pursuant to	5759
an investigation or inspection, including patient records and	5760
patient record information, with law enforcement agencies, other	5761
licensing boards, and other governmental agencies that are	5762
prosecuting, adjudicating, or investigating alleged violations of	5763
statutes or administrative rules. An agency or board that receives	5764
the information shall comply with the same requirements regarding	5765
confidentiality as those with which the state medical board must	5766
comply, notwithstanding any conflicting provision of the Revised	5767
Code or procedure of the agency or board that applies when it is	5768
dealing with other information in its possession. In a judicial	5769
proceeding, the information may be admitted into evidence only in	5770
accordance with the Rules of Evidence, but the court shall require	5771
that appropriate measures are taken to ensure that confidentiality	5772
is maintained with respect to any part of the information that	5773
contains names or other identifying information about patients or	5774
complainants whose confidentiality was protected by the state	5775
medical board when the information was in the board's possession.	5776
Measures to ensure confidentiality that may be taken by the court	5777
include sealing its records or deleting specific information from	5778
its records.	5779

(6) On a quarterly basis, the board shall prepare a report	5780
that documents the disposition of all cases during the preceding	5781
three months. The report shall contain the following information	5782
for each case with which the board has completed its activities:	5783

(a) The case number assigned to the complaint or alleged	5784
violation;	5785

(b) The type of certificate to practice, if any, held by the	5786
individual against whom the complaint is directed;	5787

(c) A description of the allegations contained in the	5788
complaint;	5789

(d) The disposition of the case.

5790

The report shall state how many cases are still pending and	5791
shall be prepared in a manner that protects the identity of each	5792
person involved in each case. The report shall be a public record	5793
under section 149.43 of the Revised Code.	5794

(G) If the secretary and supervising member determine both of	5795
the following, they may recommend that the board suspend an	5796
individual's certificate to practice without a prior hearing:	5797

(1) That there is clear and convincing evidence that an	5798
individual has violated division (B) of this section;	5799

(2) That the individual's continued practice presents a	5800
danger of immediate and serious harm to the public.	5801

Written allegations shall be prepared for consideration by	5802
the board. The board, upon review of those allegations and by an	5803
affirmative vote of not fewer than six of its members, excluding	5804
the secretary and supervising member, may suspend a certificate	5805
without a prior hearing. A telephone conference call may be	5806
utilized for reviewing the allegations and taking the vote on the	5807
summary suspension.	5808

The board shall issue a written order of suspension by	5809
certified mail or in person in accordance with section 119.07 of	5810
the Revised Code. The order shall not be subject to suspension by	5811
the court during pendency of any appeal filed under section 119.12	5812
of the Revised Code. If the individual subject to the summary	5813
suspension requests an adjudicatory hearing by the board, the date	5814
set for the hearing shall be within fifteen days, but not earlier	5815
than seven days, after the individual requests the hearing, unless	5816
otherwise agreed to by both the board and the individual.	5817

Any summary suspension imposed under this division shall	5818
remain in effect, unless reversed on appeal, until a final	5819
adjudicative order issued by the board pursuant to this section	5820
and Chapter 119. of the Revised Code becomes effective. The board	5821
shall issue its final adjudicative order within seventy-five days	5822
after completion of its hearing. A failure to issue the order	5823
within seventy-five days shall result in dissolution of the	5824
summary suspension order but shall not invalidate any subsequent,	5825
final adjudicative order.	5826

(H) If the board takes action under division (B)(9), (11), or	5827
(13) of this section and the judicial finding of guilt, guilty	5828
plea, or judicial finding of eligibility for intervention in lieu	5829
of conviction is overturned on appeal, upon exhaustion of the	5830
criminal appeal, a petition for reconsideration of the order may	5831
be filed with the board along with appropriate court documents.	5832
Upon receipt of a petition of that nature and supporting court	5833
documents, the board shall reinstate the individual's certificate	5834
to practice. The board may then hold an adjudication under Chapter	5835
119. of the Revised Code to determine whether the individual	5836
committed the act in question. Notice of an opportunity for a	5837
hearing shall be given in accordance with Chapter 119. of the	5838
Revised Code. If the board finds, pursuant to an adjudication held	5839
under this division, that the individual committed the act or if	5840
no hearing is requested, the board may order any of the sanctions	5841
identified under division (B) of this section.	5842

(I) The certificate to practice issued to an individual under	5843
this chapter and the individual's practice in this state are	5844
automatically suspended as of the date of the individual's second	5845
or subsequent plea of guilty to, or judicial finding of guilt of,	5846
a violation of section 2919.123 of the Revised Code, or the date	5847
the individual pleads guilty to, is found by a judge or jury to be	5848
guilty of, or is subject to a judicial finding of eligibility for	5849
intervention in lieu of conviction in this state or treatment or	5850
intervention in lieu of conviction in another jurisdiction for any	5851
of the following criminal offenses in this state or a	5852
substantially equivalent criminal offense in another jurisdiction:	5853
aggravated murder, murder, voluntary manslaughter, felonious	5854
assault, kidnapping, rape, sexual battery, gross sexual	5855
imposition, aggravated arson, aggravated robbery, or aggravated	5856
burglary. Continued practice after suspension shall be considered	5857
practicing without a certificate.	5858

The board shall notify the individual subject to the	5859
suspension by certified mail or in person in accordance with	5860
section 119.07 of the Revised Code. If an individual whose	5861
certificate is automatically suspended under this division fails	5862
to make a timely request for an adjudication under Chapter 119. of	5863
the Revised Code, the board shall do whichever of the following is	5864
applicable:	5865

(1) If the automatic suspension under this division is for a	5866
second or subsequent plea of guilty to, or judicial finding of	5867
guilt of, a violation of section 2919.123 of the Revised Code, the	5868
board shall enter an order suspending the individual's certificate	5869
to practice for a period of at least one year or, if determined	5870
appropriate by the board, imposing a more serious sanction	5871
involving the individual's certificate to practice.	5872

(2) In all circumstances in which division (I)(1) of this	5873
section does not apply, enter a final order permanently revoking	5874
the individual's certificate to practice.	5875

(J) If the board is required by Chapter 119. of the Revised	5876
Code to give notice of an opportunity for a hearing and if the	5877
individual subject to the notice does not timely request a hearing	5878
in accordance with section 119.07 of the Revised Code, the board	5879
is not required to hold a hearing, but may adopt, by an	5880
affirmative vote of not fewer than six of its members, a final	5881
order that contains the board's findings. In that final order, the	5882
board may order any of the sanctions identified under division (A)	5883
or (B) of this section.	5884

(K) Any action taken by the board under division (B) of this	5885
section resulting in a suspension from practice shall be	5886
accompanied by a written statement of the conditions under which	5887
the individual's certificate to practice may be reinstated. The	5888
board shall adopt rules governing conditions to be imposed for	5889
reinstatement. Reinstatement of a certificate suspended pursuant	5890
to division (B) of this section requires an affirmative vote of	5891
not fewer than six members of the board.	5892

(L) When the board refuses to grant a certificate to an	5893
applicant, revokes an individual's certificate to practice,	5894
refuses to register an applicant, or refuses to reinstate an	5895
individual's certificate to practice, the board may specify that	5896
its action is permanent. An individual subject to a permanent	5897
action taken by the board is forever thereafter ineligible to hold	5898
a certificate to practice and the board shall not accept an	5899
application for reinstatement of the certificate or for issuance	5900
of a new certificate.	5901

(M) Notwithstanding any other provision of the Revised Code,	5902
all of the following apply:	5903

(1) The surrender of a certificate issued under this chapter	5904
shall not be effective unless or until accepted by the board. A	5905
telephone conference call may be utilized for acceptance of the	5906
surrender of an individual's certificate to practice. The	5907
telephone conference call shall be considered a special meeting	5908
under division (F) of section 121.22 of the Revised Code.	5909
Reinstatement of a certificate surrendered to the board requires	5910
an affirmative vote of not fewer than six members of the board.	5911

(2) An application for a certificate made under the	5912
provisions of this chapter may not be withdrawn without approval	5913
of the board.	5914

(3) Failure by an individual to renew a certificate of	5915
registration in accordance with this chapter shall not remove or	5916
limit the board's jurisdiction to take any disciplinary action	5917
under this section against the individual.	5918

(4) At the request of the board, a certificate holder shall	5919
immediately surrender to the board a certificate that the board	5920
has suspended, revoked, or permanently revoked.	5921

(N) Sanctions shall not be imposed under division (B)(28) of	5922
this section against any person who waives deductibles and	5923
copayments as follows:	5924

(1) In compliance with the health benefit plan that expressly	5925
allows such a practice. Waiver of the deductibles or copayments	5926
shall be made only with the full knowledge and consent of the plan	5927
purchaser, payer, and third-party administrator. Documentation of	5928
the consent shall be made available to the board upon request.	5929

(2) For professional services rendered to any other person	5930
authorized to practice pursuant to this chapter, to the extent	5931
allowed by this chapter and rules adopted by the board.	5932

(O) Under the board's investigative duties described in this	5933
section and subject to division (F) of this section, the board	5934
shall develop and implement a quality intervention program	5935
designed to improve through remedial education the clinical and	5936
communication skills of individuals authorized under this chapter	5937
to practice medicine and surgery, osteopathic medicine and	5938
surgery, and podiatric medicine and surgery. In developing and	5939
implementing the quality intervention program, the board may do	5940
all of the following:	5941

(1) Offer in appropriate cases as determined by the board an	5942
educational and assessment program pursuant to an investigation	5943
the board conducts under this section;	5944

(2) Select providers of educational and assessment services,	5945
including a quality intervention program panel of case reviewers;	5946

(3) Make referrals to educational and assessment service	5947
providers and approve individual educational programs recommended	5948
by those providers. The board shall monitor the progress of each	5949
individual undertaking a recommended individual educational	5950
program.	5951

(4) Determine what constitutes successful completion of an	5952
individual educational program and require further monitoring of	5953
the individual who completed the program or other action that the	5954
board determines to be appropriate;	5955

(5) Adopt rules in accordance with Chapter 119. of the	5956
Revised Code to further implement the quality intervention	5957
program.	5958

An individual who participates in an individual educational	5959
program pursuant to this division shall pay the financial	5960
obligations arising from that educational program.	5961

Section 4.  That the existing versions of sections 4715.30,	5962
4715.302, 4723.28, 4723.487, 4725.092, 4725.19, 4730.25, 4730.53,	5963
4731.055, and 4731.22 of the Revised Code that are scheduled to	5964
take effect April 1, 2015, are hereby repealed.	5965

Section 5.  Sections 3 and 4 of this act shall take effect	5966
April 1, 2015.	5967

Section 6.  An individual may apply for reinstatement of a	5968
license under division (E) of section 4773.03 of the Revised Code,	5969
as amended by this act, even if the individual had applied prior	5970
to the effective date of this section for a new license pursuant	5971
to paragraph (O) of rule 3701-72-02 of the Administrative Code and	5972
the application was denied. The Department of Health shall accept	5973
and review the individual's application for reinstatement. If the	5974
applicant meets the requirements of division (E) of section	5975
4773.03 of the Revised Code, as amended by this act, the	5976
Department shall reinstate the applicant's license to practice as	5977
a general x-ray machine operator, radiographer, radiation therapy	5978
technologist, or nuclear medicine technologist.	5979

Section 7.  Sections 1 and 2 of this act, except sections	5980
4773.03, 4773.08, 5165.08, 5165.513, 5165.515, and 5165.99 of the	5981
Revised Code, take effect ninety days after the effective date of	5982
this section.	5983

Sections 4773.03, 4773.08, 5165.08, 5165.513, 5165.515, and	5984
5165.99 of the Revised Code, as amended by this act, take effect	5985
January 1, 2015.	5986

Section 8.  The versions of sections 5165.08, 5165.513,	5987
5165.515, and 5165.99 of the Revised Code presented in this act	5988
are the versions of the sections that result from Sections 110.25,	5989
110.26, and 110.27 of Am. Sub. H.B. 59 of the 130th General	5990
Assembly.	5991

Section 9.  The General Assembly, applying the principle	5992
stated in division (B) of section 1.52 of the Revised Code that	5993
amendments are to be harmonized if reasonably capable of	5994
simultaneous operation, finds that the following sections,	5995
presented in this act as composites of the sections as amended by	5996
the acts indicated, are the resulting versions of the sections in	5997
effect prior to the effective date of the sections as presented in	5998
this act:	5999

Section 2925.02 of the Revised Code as amended by both Sub.	6000
H.B. 64 and Am. Sub. H.B. 86 of the 129th General Assembly.	6001

Section 3701.63 of the Revised Code as amended by both Am.	6002
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly.	6003

Sections 4715.30, 4723.28, 4725.19, 4730.25, and 4731.22 of	6004
the Revised Code as amended by Sub. H.B. 314, Am. Sub. H.B. 341,	6005
and Am. Sub. H.B. 483 all of the 130th General Assembly.	6006

Section 4729.12 of the Revised Code as amended by Am. Sub.	6007
H.B. 341, Am. Sub. H.B. 483, and Am. Sub. H.B. 488, all of the	6008
130th General Assembly.	6009

Section 10.  This act is hereby declared to be an emergency	6010
measure necessary for the immediate preservation of the public	6011
peace, health, and safety. The reason for such necessity is to	6012
provide continuity in the operation of nursing facilities in this	6013
state and in the provision of services by radiologic personnel to	6014
the residents of this state. Therefore, this act shall go into	6015
immediate effect.	6016