As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 305

Senator Kearney 

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A BILL

To amend sections 4715.03, 4715.10, 4715.22, and

1

4715.30 of the Revised Code to limit the term of

2

office of the Executive Director of the State

3

Dental Board.

4

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

Section 1. That sections 4715.03, 4715.10, 4715.22, and	5
4715.30 of the Revised Code be amended to read as follows:	6

Sec. 4715.03.  (A) The state dental board shall organize by	7
electing from its members a president, secretary, and	8
vice-secretary. The secretary and vice-secretary shall be elected	9
from the members of the board who are dentists. It shall hold	10
meetings monthly at least eight months a year at such times and	11
places as the board designates. A majority of the members of the	12
board shall constitute a quorum. The board shall make such	13
reasonable rules as it determines necessary pursuant to Chapter	14
119. of the Revised Code.	15

(B) The board shall appoint an executive director. The term	16
of office for the executive director shall be four years. The	17
executive director may be reappointed to serve one additional	18
term. The board may employ other individuals as necessary to	19
administer and enforce this chapter.	20

(C) A concurrence of a majority of the members of the board	21
shall be required to do any of the following:	22

(1) Grant, refuse, suspend, place on probationary status,	23
revoke, refuse to renew, or refuse to reinstate a license or	24
censure a license holder or take any other action authorized under	25
section 4715.30 of the Revised Code;	26

(2) Seek an injunction under section 4715.05 of the Revised	27
Code;	28

(3) Enter into a consent agreement with a license holder;

29

(4) If the board develops and implements the quality	30
intervention program under section 4715.031 of the Revised Code,	31
refer a license holder to the program;	32

(5) Terminate an investigation conducted under division (D)	33
of this section;	34

(6) Dismiss any complaint filed with the board.

35

(C)(D)(1) The board shall adopt rules in accordance with	36
Chapter 119. of the Revised Code to do both of the following:	37

(a) Establish standards for the safe practice of dentistry	38
and dental hygiene by qualified practitioners and shall, through	39
its policies and activities, promote such practice;	40

(b) Establish universal blood and body fluid precautions that	41
shall be used by each person licensed under this chapter who	42
performs exposure prone invasive procedures.	43

(2) The rules adopted under division (C)(D)(1)(b) of this	44
section shall define and establish requirements for universal	45
blood and body fluid precautions that include the following:	46

(a) Appropriate use of hand washing;

47

(b) Disinfection and sterilization of equipment;

48

(c) Handling and disposal of needles and other sharp	49
instruments;	50

(d) Wearing and disposal of gloves and other protective	51
garments and devices.	52

(D)(E) The board shall administer and enforce the provisions	53
of this chapter. The board shall, in accordance with sections	54
4715.032 to 4715.035 of the Revised Code, investigate evidence	55
which appears to show that any person has violated any provision	56
of this chapter. Any person may report to the board under oath any	57
information such person may have appearing to show a violation of	58
any provision of this chapter. In the absence of bad faith, any	59
person who reports such information or who testifies before the	60
board in any disciplinary proceeding conducted pursuant to Chapter	61
119. of the Revised Code is not liable for civil damages as a	62
result of making the report or providing testimony. If after	63
investigation and reviewing the recommendation of the supervisory	64
investigative panel issued pursuant to section 4715.034 of the	65
Revised Code the board determines that there are reasonable	66
grounds to believe that a violation of this chapter has occurred,	67
the board shall, except as provided in this chapter, conduct	68
disciplinary proceedings pursuant to Chapter 119. of the Revised	69
Code, seek an injunction under section 4715.05 of the Revised	70
Code, enter into a consent agreement with a license holder, or	71
provide for a license holder to participate in the quality	72
intervention program established under section 4715.031 of the	73
Revised Code if the board develops and implements that program.	74

For the purpose of any disciplinary proceeding or any	75
investigation conducted under this division, the board may	76
administer oaths, order the taking of depositions, issue subpoenas	77
in accordance with section 4715.033 of the Revised Code, compel	78
the attendance and testimony of persons at depositions, and compel	79
the production of books, accounts, papers, documents, or other	80
tangible things. The hearings and investigations of the board	81
shall be considered civil actions for the purposes of section	82
2305.252 of the Revised Code. Notwithstanding section 121.22 of	83
the Revised Code and except as provided in section 4715.036 of the	84
Revised Code, proceedings of the board relative to the	85
investigation of a complaint or the determination whether there	86
are reasonable grounds to believe that a violation of this chapter	87
has occurred are confidential and are not subject to discovery in	88
any civil action.	89

(E)(F)(1) The board shall examine or cause to be examined	90
eligible applicants to practice dental hygiene. The board may	91
distinguish by rule different classes of qualified personnel	92
according to skill levels and require all or only certain of these	93
classes of qualified personnel to be examined and certified by the	94
board.	95

(2) The board shall administer a written jurisprudence	96
examination to each applicant for a license to practice dentistry.	97
The examination shall cover only the statutes and administrative	98
rules governing the practice of dentistry in this state.	99

(F)(G) In accordance with Chapter 119. of the Revised Code,	100
the board shall adopt, and may amend or rescind, rules	101
establishing the eligibility criteria, the application and permit	102
renewal procedures, and safety standards applicable to a dentist	103
licensed under this chapter who applies for a permit to employ or	104
use conscious intravenous sedation. These rules shall include all	105
of the following:	106

(1) The eligibility requirements and application procedures	107
for an eligible dentist to obtain a conscious intravenous sedation	108
permit;	109

(2) The minimum educational and clinical training standards	110
required of applicants, which shall include satisfactory	111
completion of an advanced cardiac life support course;	112

(3) The facility equipment and inspection requirements;

113

(4) Safety standards;

114

(5) Requirements for reporting adverse occurrences.

115

Sec. 4715.10. (A) As used in this section, "accredited dental	116
college" means a dental college accredited by the commission on	117
dental accreditation or a dental college that has educational	118
standards recognized by the commission on dental accreditation and	119
is approved by the state dental board.	120

(B) Each person who desires to practice dentistry in this	121
state shall file a written application for a license with the	122
secretary of the state dental board. The application shall be on a	123
form prescribed by the board and verified by oath. Each applicant	124
shall furnish satisfactory proof to the board that the applicant	125
has met the requirements of divisions (C) and (D) of this section,	126
and if the applicant is a graduate of an unaccredited dental	127
college located outside the United States, division (E) of this	128
section.	129

(C) To be granted a license to practice dentistry, an	130
applicant must meet all of the following requirements:	131

(1) Be at least eighteen years of age;

132

(2) Be of good moral character;

133

(3) Be a graduate of an accredited dental college or of a	134
dental college located outside the United States who meets the	135
standards adopted under section 4715.11 of the Revised Code;	136

(4) Have passed parts I and II of the examination given by	137
the national board of dental examiners;	138

(5) Have passed a written jurisprudence examination	139
administered by the state dental board under division (E)(F)(2) of	140
section 4715.03 of the Revised Code;	141

(6) Pay the fee required by division (A)(1) of section	142
4715.13 of the Revised Code.	143

(D) To be granted a license to practice dentistry, an	144
applicant must meet any one of the following requirements:	145

(1) Have taken an examination administered by any of the	146
following regional testing agencies and received on each component	147
of the examination a passing score as specified in division (A) of	148
section 4715.11 of the Revised Code: the central regional dental	149
testing service, inc., northeast regional board of dental	150
examiners, inc., the southern regional dental testing agency,	151
inc., or the western regional examining board;	152

(2) Have taken an examination administered by the state	153
dental board and received a passing score as established by the	154
board;	155

(3) Possess a license in good standing from another state and	156
have actively engaged in the legal and reputable practice of	157
dentistry in another state or in the armed forces of the United	158
States, the United States public health service, or the United	159
States department of veterans' affairs for five years immediately	160
preceding application.	161

(E) To be granted a license to practice dentistry, a graduate	162
of an unaccredited dental college located outside the United	163
States must meet both of the following requirements:	164

(1) Have taken a basic science and laboratory examination	165
consistent with rules adopted under section 4715.11 of the Revised	166
Code and received a passing score as established by the board;	167

(2) Have had sufficient clinical training in an accredited	168
institution to reasonably assure a level of competency equal to	169
that of graduates of accredited dental colleges, as determined by	170
the board.	171

Sec. 4715.22.  (A)(1) This section applies only when a	172
licensed dental hygienist is not practicing under a permit issued	173
pursuant to section 4715.363 of the Revised Code authorizing	174
practice under the oral health access supervision of a dentist.	175

(2) As used in this section, "health care facility" means	176
either of the following:	177

(a) A hospital registered under section 3701.07 of the	178
Revised Code;	179

(b) A "home" as defined in section 3721.01 of the Revised	180
Code.	181

(B) A licensed dental hygienist shall practice under the	182
supervision, order, control, and full responsibility of a dentist	183
licensed under this chapter. A dental hygienist may practice in a	184
dental office, public or private school, health care facility,	185
dispensary, or public institution. Except as provided in division	186
(C) or (D) of this section, a dental hygienist may not provide	187
dental hygiene services to a patient when the supervising dentist	188
is not physically present at the location where the dental	189
hygienist is practicing.	190

(C) A dental hygienist may provide, for not more than fifteen	191
consecutive business days, dental hygiene services to a patient	192
when the supervising dentist is not physically present at the	193
location at which the services are provided if all of the	194
following requirements are met:	195

(1) The dental hygienist has at least two years and a minimum	196
of three thousand hours of experience in the practice of dental	197
hygiene.	198

(2) The dental hygienist has successfully completed a course	199
approved by the state dental board in the identification and	200
prevention of potential medical emergencies.	201

(3) The dental hygienist complies with written protocols for	202
emergencies the supervising dentist establishes.	203

(4) The dental hygienist does not perform, while the	204
supervising dentist is absent from the location, procedures while	205
the patient is anesthetized, definitive root planing, definitive	206
subgingival curettage, or other procedures identified in rules the	207
state dental board adopts.	208

(5) The supervising dentist has evaluated the dental	209
hygienist's skills.	210

(6) The supervising dentist examined the patient not more	211
than seven months prior to the date the dental hygienist provides	212
the dental hygiene services to the patient.	213

(7) The dental hygienist complies with written protocols or	214
written standing orders that the supervising dentist establishes.	215

(8) The supervising dentist completed and evaluated a medical	216
and dental history of the patient not more than one year prior to	217
the date the dental hygienist provides dental hygiene services to	218
the patient and, except when the dental hygiene services are	219
provided in a health care facility, the supervising dentist	220
determines that the patient is in a medically stable condition.	221

(9) If the dental hygiene services are provided in a health	222
care facility, a doctor of medicine and surgery or osteopathic	223
medicine and surgery who holds a current certificate issued under	224
Chapter 4731. of the Revised Code or a registered nurse licensed	225
under Chapter 4723. of the Revised Code is present in the health	226
care facility when the services are provided.	227

(10) In advance of the appointment for dental hygiene	228
services, the patient is notified that the supervising dentist	229
will be absent from the location and that the dental hygienist	230
cannot diagnose the patient's dental health care status.	231

(11) The dental hygienist is employed by, or under contract	232
with, one of the following:	233

(a) The supervising dentist;

234

(b) A dentist licensed under this chapter who is one of the	235
following:	236

(i) The employer of the supervising dentist;

237

(ii) A shareholder in a professional association formed under	238
Chapter 1785. of the Revised Code of which the supervising dentist	239
is a shareholder;	240

(iii) A member or manager of a limited liability company	241
formed under Chapter 1705. of the Revised Code of which the	242
supervising dentist is a member or manager;	243

(iv) A shareholder in a corporation formed under division (B)	244
of section 1701.03 of the Revised Code of which the supervising	245
dentist is a shareholder;	246

(v) A partner or employee of a partnership or a limited	247
liability partnership formed under Chapter 1775. or 1776. of the	248
Revised Code of which the supervising dentist is a partner or	249
employee.	250

(c) A government entity that employs the dental hygienist to	251
provide dental hygiene services in a public school or in	252
connection with other programs the government entity administers.	253

(D) A dental hygienist may provide dental hygiene services to	254
a patient when the supervising dentist is not physically present	255
at the location at which the services are provided if the services	256
are provided as part of a dental hygiene program that is approved	257
by the state dental board and all of the following requirements	258
are met:	259

(1) The program is operated through a school district board	260
of education or the governing board of an educational service	261
center; the board of health of a city or general health district	262
or the authority having the duties of a board of health under	263
section 3709.05 of the Revised Code; a national, state, district,	264
or local dental association; or any other public or private entity	265
recognized by the state dental board.	266

(2) The supervising dentist is employed by or a volunteer	267
for, and the patients are referred by, the entity through which	268
the program is operated.	269

(3)(a) Except as provided in division (D)(3)(b) of this	270
section, the services are performed after examination and	271
diagnosis by the dentist and in accordance with the dentist's	272
written treatment plan.	273

(b) The requirement in division (D)(3)(a) of this section	274
does not apply when the only service to be provided by the dental	275
hygienist is the placement of pit and fissure sealants.	276

(E) No person shall do either of the following:

277

(1) Practice dental hygiene in a manner that is separate or	278
otherwise independent from the dental practice of a supervising	279
dentist;	280

(2) Establish or maintain an office or practice that is	281
primarily devoted to the provision of dental hygiene services.	282

(F) The state dental board shall adopt rules under division	283
(C)(D) of section 4715.03 of the Revised Code identifying	284
procedures a dental hygienist may not perform when practicing in	285
the absence of the supervising dentist pursuant to division (C) or	286
(D) of this section.	287

Sec. 4715.30.  (A) An applicant for or holder of a	288
certificate or license issued under this chapter is subject to	289
disciplinary action by the state dental board for any of the	290
following reasons:	291

(1) Employing or cooperating in fraud or material deception	292
in applying for or obtaining a license or certificate;	293

(2) Obtaining or attempting to obtain money or anything of	294
value by intentional misrepresentation or material deception in	295
the course of practice;	296

(3) Advertising services in a false or misleading manner or	297
violating the board's rules governing time, place, and manner of	298
advertising;	299

(4) Commission of an act that constitutes a felony in this	300
state, regardless of the jurisdiction in which the act was	301
committed;	302

(5) Commission of an act in the course of practice that	303
constitutes a misdemeanor in this state, regardless of the	304
jurisdiction in which the act was committed;	305

(6) Conviction of, a plea of guilty to, a judicial finding of	306
guilt of, a judicial finding of guilt resulting from a plea of no	307
contest to, or a judicial finding of eligibility for intervention	308
in lieu of conviction for, any felony or of a misdemeanor	309
committed in the course of practice;	310

(7) Engaging in lewd or immoral conduct in connection with	311
the provision of dental services;	312

(8) Selling, prescribing, giving away, or administering drugs	313
for other than legal and legitimate therapeutic purposes, or	314
conviction of, a plea of guilty to, a judicial finding of guilt	315
of, a judicial finding of guilt resulting from a plea of no	316
contest to, or a judicial finding of eligibility for intervention	317
in lieu of conviction for, a violation of any federal or state law	318
regulating the possession, distribution, or use of any drug;	319

(9) Providing or allowing dental hygienists, expanded	320
function dental auxiliaries, or other practitioners of auxiliary	321
dental occupations working under the certificate or license	322
holder's supervision, or a dentist holding a temporary limited	323
continuing education license under division (C) of section 4715.16	324
of the Revised Code working under the certificate or license	325
holder's direct supervision, to provide dental care that departs	326
from or fails to conform to accepted standards for the profession,	327
whether or not injury to a patient results;	328

(10) Inability to practice under accepted standards of the	329
profession because of physical or mental disability, dependence on	330
alcohol or other drugs, or excessive use of alcohol or other	331
drugs;	332

(11) Violation of any provision of this chapter or any rule	333
adopted thereunder;	334

(12) Failure to use universal blood and body fluid	335
precautions established by rules adopted under section 4715.03 of	336
the Revised Code;	337

(13) Except as provided in division (H) of this section,	338
either of the following:	339

(a) Waiving the payment of all or any part of a deductible or	340
copayment that a patient, pursuant to a health insurance or health	341
care policy, contract, or plan that covers dental services, would	342
otherwise be required to pay if the waiver is used as an	343
enticement to a patient or group of patients to receive health	344
care services from that certificate or license holder;	345

(b) Advertising that the certificate or license holder will	346
waive the payment of all or any part of a deductible or copayment	347
that a patient, pursuant to a health insurance or health care	348
policy, contract, or plan that covers dental services, would	349
otherwise be required to pay.	350

(14) Failure to comply with section 4729.79 of the Revised	351
Code, unless the state board of pharmacy no longer maintains a	352
drug database pursuant to section 4729.75 of the Revised Code;	353

(15) Any of the following actions taken by an agency	354
responsible for authorizing, certifying, or regulating an	355
individual to practice a health care occupation or provide health	356
care services in this state or another jurisdiction, for any	357
reason other than the nonpayment of fees: the limitation,	358
revocation, or suspension of an individual's license to practice;	359
acceptance of an individual's license surrender; denial of a	360
license; refusal to renew or reinstate a license; imposition of	361
probation; or issuance of an order of censure or other reprimand;	362

(16) Failure to cooperate in an investigation conducted by	363
the board under division (D)(E) of section 4715.03 of the Revised	364
Code, including failure to comply with a subpoena or order issued	365
by the board or failure to answer truthfully a question presented	366
by the board at a deposition or in written interrogatories, except	367
that failure to cooperate with an investigation shall not	368
constitute grounds for discipline under this section if a court of	369
competent jurisdiction has issued an order that either quashes a	370
subpoena or permits the individual to withhold the testimony or	371
evidence in issue.	372

(B) A manager, proprietor, operator, or conductor of a dental	373
facility shall be subject to disciplinary action if any dentist,	374
dental hygienist, expanded function dental auxiliary, or qualified	375
personnel providing services in the facility is found to have	376
committed a violation listed in division (A) of this section and	377
the manager, proprietor, operator, or conductor knew of the	378
violation and permitted it to occur on a recurring basis.	379

(C) Subject to Chapter 119. of the Revised Code, the board	380
may take one or more of the following disciplinary actions if one	381
or more of the grounds for discipline listed in divisions (A) and	382
(B) of this section exist:	383

(1) Censure the license or certificate holder;

384

(2) Place the license or certificate on probationary status	385
for such period of time the board determines necessary and require	386
the holder to:	387

(a) Report regularly to the board upon the matters which are	388
the basis of probation;	389

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

390

(c) Continue or renew professional education until a	391
satisfactory degree of knowledge or clinical competency has been	392
attained in specified areas.	393

(3) Suspend the certificate or license;

394

(4) Revoke the certificate or license.

395

Where the board places a holder of a license or certificate	396
on probationary status pursuant to division (C)(2) of this	397
section, the board may subsequently suspend or revoke the license	398
or certificate if it determines that the holder has not met the	399
requirements of the probation or continues to engage in activities	400
that constitute grounds for discipline pursuant to division (A) or	401
(B) of this section.	402

Any order suspending a license or certificate shall state the	403
conditions under which the license or certificate will be	404
restored, which may include a conditional restoration during which	405
time the holder is in a probationary status pursuant to division	406
(C)(2) of this section. The board shall restore the license or	407
certificate unconditionally when such conditions are met.	408

(D) If the physical or mental condition of an applicant or a	409
license or certificate holder is at issue in a disciplinary	410
proceeding, the board may order the license or certificate holder	411
to submit to reasonable examinations by an individual designated	412
or approved by the board and at the board's expense. The physical	413
examination may be conducted by any individual authorized by the	414
Revised Code to do so, including a physician assistant, a clinical	415
nurse specialist, a certified nurse practitioner, or a certified	416
nurse-midwife. Any written documentation of the physical	417
examination shall be completed by the individual who conducted the	418
examination.	419

Failure to comply with an order for an examination shall be	420
grounds for refusal of a license or certificate or summary	421
suspension of a license or certificate under division (E) of this	422
section.	423

(E) If a license or certificate holder has failed to comply	424
with an order under division (D) of this section, the board may	425
apply to the court of common pleas of the county in which the	426
holder resides for an order temporarily suspending the holder's	427
license or certificate, without a prior hearing being afforded by	428
the board, until the board conducts an adjudication hearing	429
pursuant to Chapter 119. of the Revised Code. If the court	430
temporarily suspends a holder's license or certificate, the board	431
shall give written notice of the suspension personally or by	432
certified mail to the license or certificate holder. Such notice	433
shall inform the license or certificate holder of the right to a	434
hearing pursuant to Chapter 119. of the Revised Code.	435

(F) Any holder of a certificate or license issued under this	436
chapter who has pleaded guilty to, has been convicted of, or has	437
had a judicial finding of eligibility for intervention in lieu of	438
conviction entered against the holder in this state for aggravated	439
murder, murder, voluntary manslaughter, felonious assault,	440
kidnapping, rape, sexual battery, gross sexual imposition,	441
aggravated arson, aggravated robbery, or aggravated burglary, or	442
who has pleaded guilty to, has been convicted of, or has had a	443
judicial finding of eligibility for treatment or intervention in	444
lieu of conviction entered against the holder in another	445
jurisdiction for any substantially equivalent criminal offense, is	446
automatically suspended from practice under this chapter in this	447
state and any certificate or license issued to the holder under	448
this chapter is automatically suspended, as of the date of the	449
guilty plea, conviction, or judicial finding, whether the	450
proceedings are brought in this state or another jurisdiction.	451
Continued practice by an individual after the suspension of the	452
individual's certificate or license under this division shall be	453
considered practicing without a certificate or license. The board	454
shall notify the suspended individual of the suspension of the	455
individual's certificate or license under this division by	456
certified mail or in person in accordance with section 119.07 of	457
the Revised Code. If an individual whose certificate or license is	458
suspended under this division fails to make a timely request for	459
an adjudicatory hearing, the board shall enter a final order	460
revoking the individual's certificate or license.	461

(G) If the supervisory investigative panel determines both of	462
the following, the panel may recommend that the board suspend an	463
individual's certificate or license without a prior hearing:	464

(1) That there is clear and convincing evidence that an	465
individual has violated division (A) of this section;	466

(2) That the individual's continued practice presents a	467
danger of immediate and serious harm to the public.	468

Written allegations shall be prepared for consideration by	469
the board. The board, upon review of those allegations and by an	470
affirmative vote of not fewer than four dentist members of the	471
board and seven of its members in total, excluding any member on	472
the supervisory investigative panel, may suspend a certificate or	473
license without a prior hearing. A telephone conference call may	474
be utilized for reviewing the allegations and taking the vote on	475
the summary suspension.	476

The board shall issue a written order of suspension by	477
certified mail or in person in accordance with section 119.07 of	478
the Revised Code. The order shall not be subject to suspension by	479
the court during pendency or any appeal filed under section 119.12	480
of the Revised Code. If the individual subject to the summary	481
suspension requests an adjudicatory hearing by the board, the date	482
set for the hearing shall be within fifteen days, but not earlier	483
than seven days, after the individual requests the hearing, unless	484
otherwise agreed to by both the board and the individual.	485

Any summary suspension imposed under this division shall	486
remain in effect, unless reversed on appeal, until a final	487
adjudicative order issued by the board pursuant to this section	488
and Chapter 119. of the Revised Code becomes effective. The board	489
shall issue its final adjudicative order within seventy-five days	490
after completion of its hearing. A failure to issue the order	491
within seventy-five days shall result in dissolution of the	492
summary suspension order but shall not invalidate any subsequent,	493
final adjudicative order.	494

(H) Sanctions shall not be imposed under division (A)(13) of	495
this section against any certificate or license holder who waives	496
deductibles and copayments as follows:	497

(1) In compliance with the health benefit plan that expressly	498
allows such a practice. Waiver of the deductibles or copayments	499
shall be made only with the full knowledge and consent of the plan	500
purchaser, payer, and third-party administrator. Documentation of	501
the consent shall be made available to the board upon request.	502

(2) For professional services rendered to any other person	503
who holds a certificate or license issued pursuant to this chapter	504
to the extent allowed by this chapter and the rules of the board.	505

(I) In no event shall the board consider or raise during a	506
hearing required by Chapter 119. of the Revised Code the	507
circumstances of, or the fact that the board has received, one or	508
more complaints about a person unless the one or more complaints	509
are the subject of the hearing or resulted in the board taking an	510
action authorized by this section against the person on a prior	511
occasion.	512

(J) The board may share any information it receives pursuant	513
to an investigation under division (D)(E) of section 4715.03 of	514
the Revised Code, including patient records and patient record	515
information, with law enforcement agencies, other licensing	516
boards, and other governmental agencies that are prosecuting,	517
adjudicating, or investigating alleged violations of statutes or	518
administrative rules. An agency or board that receives the	519
information shall comply with the same requirements regarding	520
confidentiality as those with which the state dental board must	521
comply, notwithstanding any conflicting provision of the Revised	522
Code or procedure of the agency or board that applies when it is	523
dealing with other information in its possession. In a judicial	524
proceeding, the information may be admitted into evidence only in	525
accordance with the Rules of Evidence, but the court shall require	526
that appropriate measures are taken to ensure that confidentiality	527
is maintained with respect to any part of the information that	528
contains names or other identifying information about patients or	529
complainants whose confidentiality was protected by the state	530
dental board when the information was in the board's possession.	531
Measures to ensure confidentiality that may be taken by the court	532
include sealing its records or deleting specific information from	533
its records.	534

Section 2.  That existing sections 4715.03, 4715.10, 4715.22,	535
and 4715.30 of the Revised Code are hereby repealed.	536