The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 606 |
REPRESENTATIVES SCHURING-BRADING-TIBERI-GARCIA-LEWIS-VAN VYVEN-
OLMAN-WACHTMANN-MAIER-GRENDELL-PATTON-TERWILLEGER-TAVARES-
VESPER-ALLEN-CATES-REID-SALERNO-VERICH-WILSON-COLONNA-
SCHULER-ROMAN-PADGETT-BRITTON-MALLORY-HOUSEHOLDER-MASON
A BILL
To amend sections 119.12, 121.22, 503.41, 1785.01, 2151.421,
2317.02, 2925.01, 3719.121,
4713.01, 4713.12, 4713.14, 4730.12, 4730.25,
4730.26, 4730.27,
4730.31, 4730.32, 4730.34,
4731.08, 4731.13, 4731.142, 4731.15, 4731.151,
4731.16 to 4731.20, 4731.22,
4731.221, 4731.222, 4731.223, 4731.224,
4731.225, 4731.25, 4731.281, 4731.29,
4731.291, 4731.341, 4731.41,
4731.61, 4731.99, 4773.01, and 5123.61 and to
enact section 4731.98 of the
Revised Code to make revisions in the disciplinary
procedures
used by the State Medical Board and to make other
changes regarding the
Board's licensing and
enforcement
duties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 119.12, 121.22, 503.41, 1785.01, 2151.421,
2317.02, 2925.01, 3719.121,
4713.01, 4713.12, 4713.14, 4730.12, 4730.25, 4730.26, 4730.27, 4730.31,
4730.32, 4730.34,
4731.08, 4731.13, 4731.142, 4731.15, 4731.151, 4731.16, 4731.17, 4731.18,
4731.19, 4731.20, 4731.22, 4731.221, 4731.222, 4731.223,
4731.224, 4731.225, 4731.25, 4731.281, 4731.29, 4731.291, 4731.341, 4731.41,
4731.61, 4731.99, 4773.01, and 5123.61 be amended and section 4731.98 of the
Revised Code be enacted to read as follows:
Sec. 119.12. Any party adversely affected by any order of
an agency issued pursuant to an adjudication denying an applicant
admission to an examination, or denying the issuance or renewal
of a license or registration of a licensee, or revoking or
suspending a license, or allowing the payment of a forfeiture
under section 4301.252 of the Revised Code, may appeal from the
order of the agency to the court of common pleas of the county in
which the place of business of the licensee is located or the
county in which the licensee is a resident, provided that appeals
from decisions of the liquor control commission may be to the
court of common pleas of Franklin county and appeals from
decisions of the state medical board, chiropractic examining
board, and board of nursing shall be to the court of common pleas
of Franklin county. If any such party is not a resident of and
has no place of business in this state, he THE PARTY may appeal
to the
court of common pleas of Franklin county.
Any party adversely affected by any order of an agency
issued pursuant to any other adjudication may appeal to the court
of common pleas of Franklin county, except that appeals from
orders of the fire marshal issued under Chapter 3737. of the
Revised Code may be to the court of common pleas of the county in
which the building of the aggrieved person is located.
This section does not apply to appeals from the department
of taxation.
Any party desiring to appeal shall file a notice of appeal
with the agency setting forth the order appealed from and the
grounds of his THE PARTY'S appeal. A copy of such notice of
appeal shall
also be filed by the appellant with the court. Unless otherwise
provided by law relating to a particular agency, such notices of
appeal shall be filed within fifteen days after the mailing of
the notice of the agency's order as provided in this section.
For purposes of this paragraph, an order includes a determination
appealed pursuant to division (C) of section 119.092 of the
Revised Code.
The filing of a notice of appeal shall not automatically
operate as a suspension of the order of an agency. If it appears
to the court that an unusual hardship to the appellant will
result from the execution of the agency's order pending
determination of the appeal, the court may grant a suspension and
fix its terms. If an appeal is taken from the judgment of the
court and the court has previously granted a suspension of the
agency's order as provided in this section, such suspension of
the agency's order shall not be vacated and shall be given full
force and effect until the matter is finally adjudicated. No
renewal of a license or permit shall be denied by reason of such
suspended order during the period of the appeal from the decision
of the court of common pleas. In the case of an appeal from the
state medical board or chiropractic examining board, the court
may grant a suspension and fix its terms if it appears to the
court that an unusual hardship to the appellant will result from
the execution of the agency's order pending determination of the
appeal and the health, safety, and welfare of the public will not
be threatened by suspension of the order. This provision shall
not be construed to limit the factors the court may consider in
determining whether to suspend an order of any other agency
pending determination of an appeal.
The final order of adjudication may apply to any renewal of
a license or permit which has been granted during the period of
the appeal.
Notwithstanding any other provision of this section, any
order issued by a court of common pleas suspending the effect of
an order of the liquor control commission that suspends or
revokes a permit issued under Chapter 4303. of the Revised Code,
or that allows the payment of a forfeiture under section 4301.252
of the Revised Code, shall terminate not more than fifteen months
after the date of the filing of a notice of appeal in the court
of common pleas, even if the matter has not been finally
adjudicated within that time.
Notwithstanding any other provision of this section, any
order issued by a court of common pleas suspending the effect of
an order of the state medical board or chiropractic examining
board that limits, revokes, suspends, places on probation, or
refuses to register or reinstate a certificate issued by the
board or reprimands the holder of such a certificate shall
terminate not more than fifteen months after the date of the
filing of a notice of appeal in the court of common pleas, or
upon the rendering of a final decision or order in the appeal by
the court of common pleas, whichever occurs first.
Within thirty days after receipt of a notice of appeal from
an order in any case in which a hearing is required by sections
119.01 to 119.13 of the Revised Code, the agency shall prepare
and certify to the court a complete record of the proceedings in
the case. Failure of the agency to comply within the time
allowed, upon motion, shall cause the court to enter a finding in
favor of the party adversely affected. Additional time, however,
may be granted by the court, not to exceed thirty days, when it
is shown that the agency has made substantial effort to comply.
Such record shall be prepared and transcribed and the expense of
it shall be taxed as a part of the costs on the appeal. The
appellant shall provide security for costs satisfactory to the
court of common pleas. Upon demand by any interested party, the
agency shall furnish at the cost of the party requesting it a
copy of the stenographic report of testimony offered and evidence
submitted at any hearing and a copy of the complete record.
Notwithstanding any other provision of this section, any
party desiring to appeal an order or decision of the state
personnel board of review shall, at the time of filing a notice
of appeal with the board, provide a security deposit in an amount
and manner prescribed in rules that the board shall adopt in
accordance with this chapter. In addition, the board is not
required to prepare or transcribe the record of any of its
proceedings unless the appellant has provided the deposit
described above. The failure of the board to prepare or
transcribe a record for an appellant who has not provided a
security deposit shall not cause a court to enter a finding
adverse to the board.
Unless otherwise provided by law, in the hearing of the
appeal, the court is confined to the record as certified to it by
the agency. Unless otherwise provided by law, the court may
grant a request for the admission of additional evidence when
satisfied that such additional evidence is newly discovered and
could not with reasonable diligence have been ascertained prior
to the hearing before the agency.
The court shall conduct a hearing on such appeal and shall
give preference to all proceedings under sections 119.01 to
119.13 of the Revised Code, over all other civil cases,
irrespective of the position of the proceedings on the calendar
of the court. An appeal from an order of the state medical board
issued pursuant to division (D)(G) of EITHER
section 4730.25 OR 4731.22 of the Revised
Code or the chiropractic examining board issued pursuant to
section 4734.101 of the Revised Code shall be set down for
hearing at the earliest possible time and takes precedence over
all other actions. The hearing in the court of common pleas
shall proceed as in the trial of a civil action, and the court
shall determine the rights of the parties in accordance with the
laws applicable to such action. At such hearing, counsel may be
heard on oral argument, briefs may be submitted, and evidence
introduced if the court has granted a request for the
presentation of additional evidence.
The court may affirm the order of the agency complained of
in the appeal if it finds, upon consideration of the entire
record and such additional evidence as the court has admitted,
that the order is supported by reliable, probative, and
substantial evidence and is in accordance with law. In the
absence of such a finding, it may reverse, vacate, or modify the
order or make such other ruling as is supported by reliable,
probative, and substantial evidence and is in accordance with
law. The court shall award compensation for fees in accordance
with section 2335.39 of the Revised Code to a prevailing party,
other than an agency, in an appeal filed pursuant to this
section.
The judgment of the court shall be final and conclusive
unless reversed, vacated, or modified on appeal. Such appeals
may be taken either by the party or the agency, shall proceed as
in the case of appeals in civil actions, and shall be pursuant to
the Rules of Appellate Procedure and, to the extent not in
conflict with those rules, Chapter 2505. of the Revised Code.
Such appeal by the agency shall be taken on questions of law
relating to the constitutionality, construction, or
interpretation of statutes and rules of the agency, and in such
appeal the court may also review and determine the correctness of
the judgment of the court of common pleas that the order of the
agency is not supported by any reliable, probative, and
substantial evidence in the entire record.
The court shall certify its judgment to such agency or take
such other action necessary to give its judgment effect.
Sec. 121.22. (A) This section shall be liberally
construed to require public officials to take official action and
to conduct all deliberations upon official business only in open
meetings unless the subject matter is specifically excepted by
law.
(B) As used in this section:
(1) "Public body" means any of the following:
(a) Any board, commission, committee, council, or similar
decision-making body of a state agency, institution, or
authority, and any legislative authority or board, commission,
committee, council, agency, authority, or similar
decision-making body of
any county, township, municipal corporation, school district, or
other political subdivision or local public institution;
(b) Any committee or subcommittee of a body described in
division (B)(1)(a) of this section;
(c) A court of jurisdiction of a sanitary district organized
wholly for the purpose of providing a water supply for domestic, municipal,
and public use when meeting
for the purpose of the appointment, removal, or reappointment of a member of
the board of directors of such a district pursuant to section 6115.10 of the Revised Code, if
applicable, or for any other matter related to
such a district other than litigation involving the district. As used in
division (B)(1)(c) of this section, "court of
jurisdiction" has the same meaning as "court" in section 6115.01 of the Revised Code.
(2) "Meeting" means any prearranged discussion of the
public business of the public body by a majority of its members.
(3) "Regulated individual" means either of the following:
(a) A student in a state or local public educational
institution;
(b) A person who is, voluntarily or involuntarily, an
inmate, patient, or resident of a state or local institution
because of criminal behavior, mental illness or retardation,
disease, disability, age, or other condition requiring custodial
care.
(C) All meetings of any public body are declared to be
public meetings open to the public at all times. A member of a
public body shall be present in person at a meeting open to
the
public to be considered present or to vote at the meeting and for
purposes of determining whether a quorum is present at the
meeting.
The minutes of a regular or special meeting of any
public body shall be promptly prepared, filed, and maintained and
shall be open to public inspection. The minutes need only
reflect the general subject matter of discussions in executive
sessions authorized under division (G) or (J) of this section.
(D) This section does not apply to a grand jury, to an
audit conference conducted by the auditor of state or independent
certified public accountants with officials of the public office
that is the subject of the audit, to the adult parole authority
when its hearings are conducted at a correctional institution for
the sole purpose of interviewing inmates to determine parole or
pardon, to the organized crime investigations commission
established under section 177.01 of the Revised Code, to the
state medical board when determining whether to suspend a
certificate without a prior hearing pursuant to division
(D)(G) of
EITHER section 4730.25 OR 4731.22 of the Revised Code,
to the board of nursing when
determining whether to suspend a license without a prior hearing
pursuant to division (B) of section 4723.181 of the Revised Code,
or to the executive committee of the emergency response
commission when determining whether to issue an enforcement order
or request that a civil action, civil penalty action, or criminal
action be brought to enforce Chapter 3750. of the Revised Code.
(E) The controlling board, the development financing
advisory council, the industrial technology and enterprise
advisory council,
the tax credit authority, or the minority development
financing advisory board, when meeting to consider granting
assistance pursuant to Chapter 122. or 166. of the Revised Code,
in order to protect the interest of the applicant or the possible
investment of public funds, by unanimous vote of all board,
council,
or authority members present, may close the meeting
during
consideration of the following information confidentially
received by the authority, council, or board from
the
applicant:
(1) Marketing plans;
(2) Specific business strategy;
(3) Production techniques and trade secrets;
(4) Financial projections;
(5) Personal financial statements of the applicant or
members of the applicant's immediate family, including, but not
limited to,
tax records or other similar information not open to public
inspection.
The vote by the authority, council, or board to
accept
or reject the application, as well as all proceedings of the
authority, council, or board not subject to this
division,
shall be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a
reasonable method whereby any person may determine the time and
place of all regularly scheduled meetings and the time, place,
and purpose of all special meetings. A public body shall not
hold a special meeting unless it gives at least twenty-four
hours' advance notice to the news media that have requested
notification, except in the event of an emergency requiring
immediate official action. In the event of an emergency, the
member or members calling the meeting shall notify the news media
that have requested notification immediately of the time, place,
and purpose of the meeting.
The rule shall provide that any person, upon request
and payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public
business is to be discussed. Provisions for advance notification
may include, but are not limited to, mailing the agenda of
meetings to all subscribers on a mailing list or mailing notices
in self-addressed, stamped envelopes provided by the person.
(G) Except as provided in division (J) of this
section, the members of a public body may hold an executive
session only after a majority of a quorum of the public body
determines, by a roll call vote, to hold an executive
session and only
at a regular or special meeting for the sole purpose of the
consideration of any of the following matters:
(1) To consider the appointment, employment, dismissal,
discipline, promotion, demotion, or compensation of a public
employee or official, or the investigation of charges or
complaints against a public employee, official, licensee, or
regulated individual, unless the public employee, official,
licensee, or regulated individual requests a public hearing.
Except as otherwise provided by law, no public body shall hold an
executive session for the discipline of an elected official for
conduct related to the performance of the elected official's
official duties or for
the elected official's removal from office. If a public body holds
an executive
session pursuant to division (G)(1) of this section, the motion
and vote to hold that executive session shall state which one or
more of the approved purposes listed in division (G)(1) of this
section are the purposes for which the executive session is to be
held, but need not include the name of any person to be
considered at the meeting.
(2) To consider the purchase of property for public
purposes, or for the sale of property at competitive bidding, if
premature disclosure of information would give an unfair
competitive or bargaining advantage to a person whose personal,
private interest is adverse to the general public interest. No
member of a public body shall use division (G)(2) of
this section as a
subterfuge
for providing covert information to prospective buyers or
sellers. A purchase or sale of public property is void if the
seller or buyer of the public property has received covert
information from a member of a public body that has not been
disclosed to the general public in sufficient time for other
prospective buyers and sellers to prepare and submit offers.
If the minutes of the public body show that all meetings
and deliberations of the public body have been conducted in
compliance with this section, any instrument executed by the
public body purporting to convey, lease, or otherwise dispose of
any right, title, or interest in any public property shall be
conclusively presumed to have been executed in compliance with
this section insofar as title or other interest of any bona fide
purchasers, lessees, or transferees of the property is concerned.
(3) Conferences with an attorney for the public body
concerning disputes involving the public body that are the
subject of pending or imminent court action;
(4) Preparing for, conducting, or reviewing negotiations
or bargaining sessions with public employees concerning their
compensation or other terms and conditions of their employment;
(5) Matters required to be kept confidential by federal
law or regulations or state statutes;
(6) Specialized details of security arrangements if
disclosure of the matters discussed might reveal information that
could be used for the purpose of committing, or avoiding
prosecution for, a violation of the law.
If a public body holds an executive session to consider any
of the matters listed in divisions (G)(2) to (6) of this section,
the motion and vote to hold that executive session shall state
which one or more of the approved matters listed in those
divisions are to be considered at the executive session.
A public body specified in division (B)(1)(c) of
this section shall not hold an executive session when meeting for the purposes
specified in that division.
(H) A resolution, rule, or formal action of any kind is
invalid unless adopted in an open meeting of the public body. A
resolution, rule, or formal action adopted in an open meeting
that results from deliberations in a meeting not open to the
public is invalid unless the deliberations were for a purpose
specifically authorized in division (G) or (J) of this section and
conducted at an executive session held in compliance with this
section. A resolution, rule, or formal action adopted in an open
meeting is invalid if the public body that adopted the
resolution, rule, or formal action violated division (F) of this
section.
(I)(1) Any person may bring an action to enforce this section. An action
under
division (I)(1) of this section shall
be brought within two years after the date of the alleged
violation or threatened violation. Upon proof of a violation or
threatened violation of this section in an action brought by any
person, the court of common pleas shall issue an injunction to
compel the members of the public body to comply with its
provisions.
(2)(a) If the court of common pleas issues an injunction
pursuant to division (I)(1) of this section, the court shall
order the public body that it enjoins to pay a civil forfeiture
of five hundred dollars to the party that sought the injunction
and shall award to that party all court costs and, subject to
reduction as described in
division (I)(2) of this section, reasonable attorney's
fees. The court, in its discretion, may reduce an award of
attorney's fees to the party that sought the injunction or not
award attorney's fees to that party if the court determines both
of the following:
(i) That, based on the ordinary application of statutory
law and case law as it existed at the time of violation or
threatened violation that was the basis of the injunction, a
well-informed public body reasonably would believe that the
public body was not violating or threatening to violate this
section;
(ii) That a well-informed public body reasonably would
believe that the conduct or threatened conduct that was the basis
of the injunction would serve the public policy that underlies
the authority that is asserted as permitting that conduct or
threatened conduct.
(b) If the court of common pleas does not issue an
injunction pursuant to division (I)(1) of this section and the
court determines at that time that the bringing of the action was
frivolous conduct, as defined in division (A) of section 2323.51
of the Revised Code, the court shall award to the public body all
court costs and reasonable attorney's fees, as determined by the
court.
(3) Irreparable harm and prejudice to the party that
sought the injunction shall be conclusively and irrebuttably
presumed upon proof of a violation or threatened violation of
this section.
(4) A member of a public body who knowingly violates an
injunction issued pursuant to division (I)(1) of this section may
be removed from office by an action brought in the court of
common pleas for that purpose by the prosecuting attorney or the
attorney general.
(J)(1) Pursuant to division (C) of section 5901.09 of the Revised Code,
a veterans service commission shall hold an executive session for one or more
of the following purposes unless an applicant requests a public
hearing:
(a) Interviewing an applicant for financial assistance under
sections 5901.01 to 5901.15 of the Revised Code;
(b) Discussing applications, statements, and other documents
described in division (B) of section 5901.09 of the Revised
Code;
(c) Reviewing matters relating to an applicant's request for
financial assistance under sections 5901.01 to 5901.15 of the Revised Code.
(2) A veterans service commission shall not exclude an applicant for,
recipient of, or former recipient of financial assistance under sections
5901.01 to 5901.15 of the Revised Code, and
shall not exclude representatives selected by the
applicant, recipient, or former recipient, from a meeting that the commission
conducts as an executive session that pertains to the applicant's,
recipient's, or former recipient's application for financial assistance.
(3) A veterans service commission shall vote on the grant or denial of
financial assistance under sections 5901.01 to 5901.15
of the Revised Code only in an open
meeting of the commission. The minutes of the meeting shall indicate the
name, address, and occupation
of the applicant, whether the assistance was granted or denied, the amount of
the assistance if assistance is granted, and the votes for and against the
granting of assistance.
Sec. 503.41. (A) A board of township trustees, by
resolution, may regulate and require the registration of massage
establishments and their employees within the unincorporated
territory of the township. In accordance with sections 503.40 to
503.49 of the Revised Code, for that purpose, the board, by a
majority vote of all members, may adopt, amend, administer, and
enforce regulations within the unincorporated territory of the
township.
(B) A board may adopt regulations and amendments under
this section only after public hearing at not fewer than two
regular sessions of the board. The board shall cause to be
published in at least one newspaper of general circulation in the
township notice of the public hearings, including the time, date,
and place, once a week for two weeks immediately preceding the
hearings. The board shall make available proposed regulations or
amendments to the public at the office of the board.
(C) Regulations or amendments adopted by the board are
effective thirty days after the date of adoption unless, within
thirty days after the adoption of the regulations or amendments,
the township clerk receives a petition, signed by a number of
qualified electors residing in the unincorporated area of the
township equal to not less than ten per cent of the total vote
cast for all candidates for governor in the area at the most recent
general election at which a governor was
elected,
requesting the board to submit the regulations or amendments to
the electors of the area for approval or rejection at the next
primary or general election occurring at least seventy-five days
after the board receives the petition.
No regulation or amendment for which the referendum vote
has been requested is effective unless a majority of the vote
cast on the issue is in favor of the regulation or amendment.
Upon certification by the board of elections that a majority of
the votes cast on the issue was in favor of the regulation or
amendment, the regulation or amendment takes immediate effect.
(D) The board shall make available regulations it adopts
or amends to the public at the office of the board and shall
cause to be published a notice of the availability of the
regulations in at least one newspaper of general circulation in
the township within ten days after their adoption or amendment.
(E) Nothing in sections 503.40 to 503.49 of the Revised
Code shall be construed to allow a board of township trustees to
regulate the practice of any limited branch of medicine or
surgery in accordance with sections SPECIFIED IN SECTION 4731.15
and 4731.16 of the
Revised Code or the practice of providing therapeutic massage by
a licensed physician, a licensed chiropractor, a licensed
podiatrist, a licensed nurse, or any other licensed health
professional. As used in this division, "licensed" means
licensed, certified, or registered to practice in this state.
Sec. 1785.01. As used in this chapter:
(A) "Professional service" means any type of professional
service that may be performed only pursuant to a license,
certificate, or other legal authorization
issued pursuant to Chapter 4701., 4703., 4705., 4715., 4723., 4725., 4729.,
4730.,
4731.,
4732., 4733., 4734., or 4741., sections 4755.01 to 4755.12,
or 4755.40 to 4755.56 of the Revised Code to certified
public accountants, licensed public accountants, architects,
attorneys, dentists, nurses,
optometrists, pharmacists, PHYSICIAN ASSISTANTS,
doctors of medicine and surgery, doctors of osteopathic
medicine and surgery, doctors of podiatric medicine and surgery,
practitioners of the limited branches of
medicine or surgery specified in section 4731.15 of
the Revised Code, psychologists, professional engineers,
chiropractors, veterinarians, occupational therapists,
and physical therapists.
(B) "Professional association" means an association
organized under this chapter for the sole purpose of rendering
one of the professional services authorized under Chapter 4701.,
4703., 4705., 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4733.,
4734., or 4741., sections 4755.01 to 4755.12, or
4755.40 to 4755.56 of the Revised Code, a
combination of the
professional services authorized under Chapters 4703. and 4733.
of the Revised Code,
or a combination of the professional services
of optometrists authorized under Chapter 4725. of the Revised Code,
chiropractors
authorized under Chapter 4734. of the Revised Code,
psychologists authorized under
Chapter 4732. of the Revised Code, registered or licensed
practical nurses authorized under
Chapter 4723. of the Revised Code,
pharmacists authorized under Chapter 4729. of the Revised
Code, physical therapists authorized under sections 4755.40 to
4755.53 of the Revised Code, and doctors of
medicine and surgery, osteopathic medicine and surgery, or podiatric medicine
and surgery authorized under Chapter 4731. of the Revised Code.
Sec. 2151.421. (A)(1)(a) No person described listed in division
(A)(1)(b) of this section who is acting in an
official or
professional capacity and knows or suspects that a child under
eighteen years of age or a mentally
retarded, developmentally disabled, or physically impaired child under
twenty-one years of age has suffered or faces a
threat of suffering any physical or mental wound, injury,
disability, or condition of a nature that reasonably indicates
abuse or neglect of the child, shall fail to immediately report
that knowledge or suspicion to the public
children services agency or a municipal or
county peace officer in the county in which the child resides or
in which the abuse or neglect is occurring or has occurred.
(b) Division
(A)(1)(a)
of this section applies to any person who is an attorney;
physician, including a hospital intern or resident; dentist;
podiatrist; practitioner of a limited branch of medicine or
surgery as defined SPECIFIED in section 4731.15 of the
Revised
Code; registered nurse;
licensed practical nurse; visiting nurse; other health care
professional; licensed psychologist; licensed school
psychologist; speech pathologist or audiologist; coroner;
administrator or employee of a child day-care center;
administrator or employee of a certified child care agency or
other public or private children services agency; school
teacher; school employee; school authority; person engaged in
social work or the practice of professional counseling; or a
person rendering spiritual treatment through prayer in
accordance with the tenets of a well-recognized religion.
(2) An attorney or a physician is not required to make a report
pursuant
to division (A)(1) of this section concerning any communication
the attorney or physician
receives from a
client or patient in an attorney-client or physician-patient
relationship, if, in accordance with division (A) or (B)
of section
2317.02 of the Revised Code, the attorney or physician could not
testify with
respect to that communication in a civil or criminal proceeding,
except that the client or patient is deemed to have waived any
testimonial
privilege under division (A) or (B) of section 2317.02 of the
Revised
Code with respect to that communication and the attorney or physician
shall
make a report pursuant to division (A)(1) of this section with
respect to that communication, if all of the following apply:
(a) The client or patient, at the time of the communication, is
either a child under eighteen years of age or a
mentally retarded, developmentally disabled, or
physically impaired person under twenty-one
years of age.
(b) The attorney of OR physician knows or suspects, as a result
of the
communication or any observations made during that communication,
that the client or patient has suffered or faces a threat of suffering
any
physical or mental wound, injury, disability, or condition of a
nature that reasonably indicates abuse or neglect of the client or
patient.
(c) The attorney-client or physician-patient relationship does not
arise out of
the client's or patient's attempt to have an abortion without the
notification
of her parents, guardian, or custodian in accordance with section
2151.85 of the Revised Code.
(B) Anyone, who knows or suspects that a child under
eighteen years of age or a mentally
retarded, developmentally disabled, or physically impaired person
under twenty-one years of age has suffered or faces a
threat of suffering any physical or mental wound, injury,
disability, or other condition of a nature that reasonably
indicates abuse or neglect of the child, may report or cause
reports to be made of that knowledge or suspicion to the public
children services agency or to a municipal
or
county peace officer.
(C) Any report made pursuant to division (A) or (B) of
this section shall be made forthwith either by telephone or in person
and shall be followed by a written report, if requested
by the receiving agency or officer. The written report shall
contain:
(1) The names and addresses of the child and the child's parents
or the person or persons having custody of the child, if known;
(2) The child's age and the nature and extent of the
child's known or suspected injuries, abuse, or neglect or of the
known or suspected threat of injury, abuse, or neglect, including
any evidence of previous injuries, abuse, or neglect;
(3) Any other information that might be helpful in
establishing the cause of the known or suspected injury, abuse,
or neglect or of the known or suspected threat of injury, abuse,
or neglect.
Any person, who is required by division (A) of this section
to report known or suspected child abuse or child neglect, may
take or cause to be taken color photographs of areas of trauma
visible on a child and, if medically indicated, cause to be
performed radiological examinations of the child.
(D)(1) Upon the receipt of a report concerning the possible
abuse or neglect of a child or the possible threat of abuse or
neglect of a child, the municipal or county peace officer who
receives the report shall refer the report to the appropriate
public children services
agency.
(2) On receipt of a report pursuant to this
division or division (A) or
(B) of this section, the public
children services agency shall comply with section 2151.422 of
the Revised
Code.
(E) No township, municipal, or county peace officer shall remove a child
about whom a report is made pursuant to this section from the child's parents,
stepparents, or guardian or any other persons having custody of the child
without consultation with the
public children services agency, unless,
in
the judgment of the officer, and, if the
report was made by physician, the physician,
immediate removal is considered essential to protect the child
from further abuse or neglect.
The agency that
must be consulted shall be the agency conducting the
investigation of the report as determined pursuant to section
2151.422 of the Revised
Code.
(F)(1) Except as
provided in section 2151.422 of the Revised Code, the public
children
services agency shall investigate, within twenty-four
hours, each
report of known or suspected child abuse or child neglect and of
a known or suspected threat of child abuse or child neglect that
is referred to it under this section to determine the
circumstances surrounding the injuries, abuse, or neglect or the
threat of injury, abuse, or neglect, the cause of the injuries,
abuse, neglect, or threat, and the person or persons responsible.
The investigation shall be made in cooperation with the law
enforcement agency and in accordance with the memorandum of understanding
prepared under
division (J) of this section. A
failure to make the investigation in accordance with the memorandum is
not grounds for, and shall not result in,
the
dismissal of any charges or complaint arising from the report or
the suppression of any evidence obtained as a result of the
report and does not give, and shall not be construed as giving,
any rights or any grounds for appeal or post-conviction relief to
any person. The public
children
services agency shall report each case to a central
registry which
the state department of human services shall maintain in order to
determine whether prior reports have been made in other counties
concerning the child or other principals in the case. The
public children services agency shall submit a report of its
investigation,
in writing to the law enforcement agency.
(2) The public children
services agency shall make any recommendations to the
county
prosecuting attorney or city director of law that it considers
necessary to protect any children that are brought to its
attention.
(G)(1)(a) Except as provided in division (H)(3) of this
section, anyone or any hospital, institution, school, health
department, or agency participating in the making of reports
under division (A) of this section, anyone or any hospital,
institution, school, health department, or agency participating
in good faith in the making of reports under division (B) of this
section, and anyone participating in good faith in a judicial
proceeding resulting from the reports, shall be immune from any
civil or criminal liability for injury, death, or loss to person
or property that otherwise might be incurred or imposed as a
result of the making of the reports or the participation in the
judicial proceeding. Notwithstanding
(b) NOTWITHSTANDING section 4731.22 of the
Revised Code, the physician-patient privilege shall not be a
ground for excluding evidence regarding a child's injuries,
abuse, or neglect, or the cause of the injuries, abuse, or
neglect in any judicial proceeding resulting from a report
submitted pursuant to this section.
(2) In any civil or criminal action or proceeding in which
it is alleged and proved that participation in the making of a
report under this section was not in good faith or participation
in a judicial proceeding resulting from a report made under this
section was not in good faith, the court shall award the
prevailing party reasonable attorney's fees and costs and, if a
civil action or proceeding is voluntarily dismissed, may award
reasonable attorney's fees and costs to the party against whom
the civil action or proceeding is brought.
(H)(1) Except as provided in divisions (H)(4),
(M), and (N) of this
section, a report made under this section is confidential.
The information provided in a report made pursuant to this
section and the name of the person who made the report shall not
be released for use, and shall not be used, as evidence in any
civil action or proceeding brought against the person who made
the report. In a criminal proceeding, the report is admissible
in evidence in accordance with the Rules of Evidence and is
subject to discovery in accordance with the Rules of Criminal
Procedure.
(2) No person shall permit or encourage the unauthorized
dissemination of the contents of any report made under this
section.
(3) A person who knowingly makes or causes another person
to make a false report under division (B) of this section that
alleges that any person has committed an act or omission that
resulted in a child being an abused child or a neglected child is
guilty of a violation of section 2921.14 of the Revised Code.
(4) A public children services agency shall advise
a person alleged to have inflicted abuse or neglect on a child
who is the subject of a report made pursuant to this section of the
disposition of the investigation. The agency shall not provide to the person
any information that identifies the
person who made the report, statements of witnesses, or police or other
investigative reports.
(I) Any report that is required by this section shall
result in protective services and emergency supportive services
being made available by the public children services
agency on behalf of
the children about whom
the report is made, in an effort to prevent further neglect or
abuse, to enhance their welfare, and, whenever possible, to
preserve the family unit intact.
The agency
required to provide the services shall be the agency conducting
the investigation of the report pursuant to section 2151.422 of
the Revised
Code.
(J)(1) Each public children services agency shall prepare
a
memorandum of understanding that is signed by all of the following:
(a) If there is
only one juvenile judge in the county, the juvenile judge of the
county or the juvenile judge's representative;
(b) If there is more than
one juvenile
judge in the county, a juvenile judge or the
juvenile judges' representative selected by the juvenile judges
or, if they are unable to do so for any reason, the juvenile judge who is
senior in point of
service or the senior juvenile judge's representative;
(c) The county
peace officer;
(d) All
chief municipal peace officers within the county;
(e) Other law enforcement officers handling child abuse and
neglect cases in the county;
(f) The prosecuting
attorney of the county; public
(g) If the public children services agency is not the county
department of
human services agency, the county department of human
services.
(2) A memorandum of understanding shall set forth the normal
operating procedure to be employed by
all concerned officials in the execution of their respective
responsibilities under this section and division (C) of section
2919.21, division (B)(1) of section 2919.22, division (B) of
section 2919.23, and section 2919.24 of the Revised Code and
shall have as two of its primary goals the elimination of all
unnecessary interviews of children who are the subject of reports
made pursuant to division (A) or (B) of this section and, when
feasible, providing for only one interview of a child who is the
subject of any report made pursuant to division (A) or (B) of
this section. A failure to follow the procedure set forth in the
memorandum by
the concerned
officials is not grounds for, and shall not result in, the
dismissal of any charges or complaint arising from any reported
case of abuse or neglect or the suppression of any evidence
obtained as a result of any reported child abuse or child neglect
and does not give, and shall not be construed as giving, any
rights or any grounds for appeal or post-conviction relief to any
person.
(3) A memorandum of understanding shall include all of the
following:
(a) The roles
and responsibilities for handling emergency and non-emergency cases of
abuse
and neglect;
(b) Standards and procedures to be used in handling and
coordinating investigations of reported cases of child abuse and
reported cases of child neglect, methods to be used in
interviewing the child who is the subject of the report and who
allegedly was abused or neglected, and standards and procedures
addressing the categories of persons who may interview the child
who is the subject of the report and who allegedly was abused or
neglected.
(K)(1) Except as provided in division
(K)(4) of this section, a person who is required to make
a report pursuant to division (A) of this section may
make a reasonable number of requests of the public children services
agency that receives or is
referred the report to be provided with
the following information:
(a) Whether the agency has initiated an
investigation of the report;
(b) Whether the agency is continuing to
investigate the report;
(c) Whether the agency is otherwise
involved
with the child who is the subject of the report;
(d) The general status of the health and safety of the
child who is the subject of the report;
(e) Whether the report has resulted in the filing of a
complaint in juvenile court or of criminal charges in another
court.
(2) A person may request the information specified in division (K)(1) of this
section only if, at the time the report is made, the person's name, address,
and telephone number are provided to the person who receives the report.
When a municipal or county peace officer or employee of a
public children services
agency
receives a report pursuant to division (A) or
(B) of this section the recipient of the report shall inform the person of the
right to request the
information described in division (K)(1) of this section. The recipient of
the report shall include in the initial child abuse or child neglect
report that the person making the report was so informed and, if
provided at the time of the making of the report, shall include
the person's name, address, and telephone number in the report.
Each request is subject to verification of the identity of the person making
the
report. If that person's
identity is verified, the agency shall
provide the person with
the information described in division (K)(1) of this section
a reasonable number of times, except that the agency shall not disclose
any confidential information
regarding the child who is the subject of the report other than
the information described in those divisions.
(3) A request made pursuant to division (K)(1) of this section is not a
substitute for any report required to be made pursuant to division (A) of this
section.
(4) If an agency other than the agency that
received or was referred the report is conducting the
investigation of the report pursuant to section 2151.422 of the
Revised
Code, the agency conducting the
investigation shall comply with the requirements of division
(K) OF THIS SECTION.
(L) The department of human services shall adopt rules in accordance
with Chapter
119. of the Revised Code to
implement this section.
The department may enter into a
plan of cooperation with
any other governmental entity to aid in ensuring that children
are protected from abuse and neglect. The department shall make
recommendations to the attorney general that the department
determines are necessary to protect children from child abuse and
child neglect.
(M) No later than the end of the day
following the day on which a public children services agency
receives a report of alleged child abuse or child
neglect, or a report of an alleged threat of child abuse or child
neglect, that allegedly occurred in or involved an out-of-home
care entity, the agency shall provide
written notice
of the allegations contained in and the person named as the alleged
perpetrator in the report to the administrator, director, or other chief
administrative officer of the out-of-home care entity that is the
subject of the report unless the administrator, director, or
other chief administrative officer is named as an alleged
perpetrator in the report. If the administrator, director, or
other chief administrative officer of an out-of-home care entity
is named as an alleged perpetrator in a report of alleged child
abuse or child neglect, or a report of an alleged threat of child
abuse or child neglect, that allegedly occurred in or involved
the out-of-home care entity, the agency shall provide the written notice
to
the owner or governing board of the out-of-home care entity that
is the subject of the report. The agency
shall not provide
witness statements or police or other investigative reports.
(N) No later than three days after the day on
which a public children services agency that
conducted the investigation as determined pursuant to section 2151.422
of the Revised Code makes a
disposition of an investigation involving a report of alleged
child abuse or child neglect, or a report of an alleged threat of
child abuse or child neglect, that allegedly occurred in or
involved an out-of-home care entity, the
agency
shall send written notice of the disposition of the
investigation to the administrator, director, or other chief
administrative officer and the owner or governing board of the
out-of-home care entity. The agency shall
not provide witness
statements or police or other investigative reports.
Sec. 2317.02. The following persons shall not testify in
certain respects:
(A) An attorney, concerning a communication made TO the
attorney by the attorney's a client in that relation or the
attorney's advice to the a client, except
that the attorney may testify by express consent of the client
or, if the client is deceased, by the express consent of the
surviving spouse or the executor or administrator of the estate
of the deceased client and except that, if the client voluntarily
testifies or is deemed by section 2151.421 of the Revised Code to
have waived any testimonial privilege under this division, the
attorney may be compelled to testify on the same subject;
(B)(1) A physician or a dentist concerning a communication
made TO the physician or dentist by the
physician's or dentist's a patient in that relation or the
physician's or dentist's advice to the a
patient, except as otherwise provided in this division, division (B)(2), and
division (B)(3) of this section, and except that, if the patient
is deemed by section 2151.421 of the Revised Code to have waived
any testimonial privilege under this division, the physician may
be compelled to testify on the same subject.
The testimonial privilege ESTABLISHED under this division does not
apply, and a physician or dentist may testify or may be compelled
to testify, in any of the following circumstances:
(a) In any civil action, in accordance with the discovery
provisions of the Rules of Civil Procedure in connection with a
civil action, or in connection with a claim under Chapter 4123.
of the Revised Code, under any of the following circumstances:
(i) If the patient or the guardian or other legal
representative of the patient gives express consent;
(ii) If the patient is deceased, the spouse of the patient
or the executor or administrator of the patient's estate
gives express consent;
(iii) If a medical claim, dental claim, chiropractic
claim, or optometric claim, as defined in section 2305.11 of the
Revised Code, an action for wrongful death, any other type of
civil action, or a claim under Chapter 4123. of the Revised Code
is filed by the patient, the personal representative of the
estate of the patient if deceased, or the patient's guardian
or other legal representative.
(b) In any criminal action concerning any test or the
results of any test that determines the presence or concentration of alcohol,
a drug of abuse, or alcohol and a drug of abuse in the patient's
blood, breath, urine, or other bodily substance at any time
relevant to the criminal offense in question.
(c) IN ANY CRIMINAL ACTION AGAINST A PHYSICIAN
OR DENTIST. IN SUCH AN ACTION, THE TESTIMONIAL PRIVILEGE
ESTABLISHED UNDER THIS DIVISION DOES NOT PROHIBIT THE ADMISSION
INTO EVIDENCE, IN ACCORDANCE WITH THE
RULES OF
EVIDENCE, OF A PATIENT'S
MEDICAL OR DENTAL RECORDS OR OTHER COMMUNICATIONS BETWEEN A
PATIENT AND THE PHYSICIAN OR DENTIST THAT ARE RELATED TO THE
ACTION AND OBTAINED BY SUBPOENA, SEARCH WARRANT, OR OTHER LAWFUL
MEANS. A COURT THAT PERMITS OR COMPELS A PHYSICIAN OR DENTIST
TO TESTIFY IN SUCH AN ACTION OR PERMITS THE INTRODUCTION INTO
EVIDENCE OF PATIENT RECORDS OR OTHER COMMUNICATIONS IN SUCH AN
ACTION SHALL REQUIRE THAT APPROPRIATE MEASURES BE TAKEN TO
ENSURE THAT THE CONFIDENTIALITY OF ANY PATIENT NAMED OR
OTHERWISE IDENTIFIED IN THE RECORDS IS MAINTAINED. MEASURES TO
ENSURE CONFIDENTIALITY THAT MAY BE TAKEN BY THE COURT INCLUDE
SEALING ITS RECORDS OR DELETING SPECIFIC INFORMATION FROM ITS
RECORDS.
(2)(a) If any law enforcement officer submits a written statement to a health
care provider that states that an official criminal investigation has begun
regarding a specified person or that a criminal action or proceeding has been
commenced against a specified person, that requests the provider to supply to
the officer copies of any records the provider possesses that pertain to any
test or the results of any test administered to the specified person to
determine the presence or concentration of alcohol, a drug of abuse, or alcohol
and a drug of abuse in the person's blood, breath, or urine at any time
relevant to the criminal offense in question, and that conforms to section
2317.022 of the Revised Code, the provider, except to the extent specifically
prohibited by any law of this state or of the United States, shall supply to
the officer a copy of any of the requested records the provider possesses. If
the health care provider does not possess any of the requested records, the
provider shall give the officer a written statement that indicates that the
provider does not possess any of the requested records.
(b) If a health care provider possesses any records of the type described in
division (B)(2)(a) of this section regarding the person in question at any
time relevant to the criminal offense in question, in lieu of personally
testifying as to the results of the test in question, the custodian of the
records may submit a certified copy of the records, and, upon its submission,
the certified copy is qualified as authentic evidence and may be admitted as
evidence in accordance with the Rules of Evidence. Division (A) of section
2317.422 of the Revised Code does not apply to any certified copy of records
submitted in accordance with this division. Nothing in this division shall be
construed to limit the right of any party to call as a witness the person who
administered the test to which the records pertain, the person under whose
supervision the test was administered, the custodian of the records, the
person who made the records, or the person under whose supervision the records
were made.
(3)(a) If the testimonial privilege described in division
(B)(1) of this section does not apply as provided in division
(B)(1)(a)(iii) of this section, a physician or dentist may be
compelled to testify or to submit to discovery under the Rules of
Civil Procedure only as to a communication made TO the physician
or dentist by the patient in question in that relation, or the physician's or
dentist's advice to the
patient in question, that related causally or historically to
physical or mental injuries that are relevant to issues in the
medical claim, dental claim, chiropractic claim, or optometric
claim, action for wrongful death, other civil action, or claim
under Chapter 4123. of the Revised Code.
(b) If the testimonial privilege described in division (B)(1) of this section
does not apply to a physician or dentist as provided in division (B)(1)(b) of
this section, the physician or dentist, in lieu of personally testifying as to
the results of the test in question, may submit a certified copy of those
results, and, upon its submission, the certified copy is qualified as authentic
evidence and may be admitted as evidence in accordance with the Rules of
Evidence. Division (A) of section 2317.422 of the Revised Code does not apply
to any certified copy of results submitted in accordance with this division.
Nothing in this division shall be construed to limit the right of any party to
call as a witness the person who administered the test in question, the person
under whose supervision the test was administered, the custodian of the results
of the test, the person who compiled the results, or the person under whose
supervision the results were compiled.
(4)(a) As used in divisions (B)(1) to (3) of this section,
"communication" means acquiring, recording, or transmitting any
information, in any manner, concerning any facts, opinions, or
statements necessary to enable a physician or dentist to
diagnose, treat, prescribe, or act for a patient. A
"communication" may include, but is not limited to, any medical
or dental, office, or hospital communication such as a record,
chart, letter, memorandum, laboratory test and results, x-ray,
photograph, financial statement, diagnosis, or prognosis.
(b) As used in division (B)(2) of this section, "health care provider" has
the same meaning as in section 3729.01 of the Revised Code.
(5) Divisions (B)(1), (2), (3), and (4) of this section apply
to doctors of medicine, doctors of osteopathic medicine, doctors
of podiatry, and dentists.
(6) Nothing in divisions (B)(1) to (5) of this section
affects, or shall be construed as affecting, the immunity from
civil liability conferred by section 2305.33 of the Revised Code
upon physicians who report an employee's use of a drug of abuse,
or a condition of an employee other than one involving the use of
a drug of abuse, to the employer of the employee in accordance
with division (B) of that section. As used in this division
(B)(6) OF THIS SECTION,
"employee," "employer," and "physician" have the same meanings as
in section 2305.33 of the Revised Code.
(C) A member of the clergy, rabbi, priest, or regularly
ordained,
accredited, or licensed minister of an established and legally
cognizable church, denomination, or sect, when the cleric MEMBER OF
THE CLERGY,
rabbi, priest, or minister remains accountable to the authority
of that church, denomination, or sect, concerning a confession
made, or any information confidentially communicated, TO the
clergyman MEMBER OF THE CLERGY, rabbi, priest, or minister for
a religious counseling purpose in the clergyman's
MEMBER OF THE CLERGY'S, rabbi's,
priest's, or minister's professional character;
however, the cleric MEMBER OF THE CLERGY, rabbi, priest, or
minister
may testify by
express consent of the person making the communication, except
when the disclosure of the information is in violation of the
clergyman's rabbi's, priest's, or minister's a sacred trust.
(D) Husband or wife, concerning any communication made by
one to the other, or an act done by either in the presence of the
other, during coverture, unless the communication was made, or
act done, in the known presence or hearing of a third person
competent to be a witness; and such rule is the same if the
marital relation has ceased to exist.
(E) A person who assigns a claim or interest, concerning
any matter in respect to which the person would not, if a
party, be permitted to testify;
(F) A person who, if a party, would be restricted
under section 2317.03 of the Revised Code, when the
property or thing is sold or transferred by an executor,
administrator, guardian, trustee, heir, devisee, or legatee,
shall be restricted in the same manner in any action or
proceeding concerning the property or thing.
(G)(1) A school guidance counselor who holds a valid
educator license from the state board of education as
provided for in section 3319.22 of the Revised Code, a person
licensed under Chapter 4757. of the Revised Code
as a professional clinical counselor, professional counselor,
social worker, or independent
social worker, or registered under Chapter 4757. of the Revised Code as a
social work assistant concerning a confidential communication such person
such person's received from a client in that relation or
such person's the person's advice to the a client unless any of
the following applies:
(a) The communication or advice indicates clear and
present danger to the client or other persons. For the purposes
of this division, cases in which there are indications of present
or past child abuse or neglect of the client constitute a clear
and present danger.
(b) The client gives express consent to the testimony.
(c) If the client is deceased, the surviving spouse or the
executor or administrator of the estate of the deceased client
gives express consent.
(d) The client voluntarily testifies, in which case the
school guidance counselor or person licensed or registered under
Chapter 4757. of the Revised Code may
be compelled to testify on the same subject.
(e) The court in camera determines that the information
communicated by the client is not germane to the counselor-client
or social worker-client relationship.
(f) A court, in an action brought against a school, its
administration, or any of its personnel by the client, rules
after an in-camera inspection that the testimony of the school
guidance counselor is relevant to that action.
(2) Nothing in division (G)(1) of this section shall
relieve a
school guidance counselor or a person licensed or registered under Chapter
4757. of the Revised Code
from the requirement to report information concerning
child abuse or neglect under section 2151.421 of the Revised Code.
(H) A mediator acting under a mediation order issued under
division (A) of section 3109.052 of the Revised Code or otherwise
issued in any proceeding for divorce, dissolution, legal
separation, annulment, or the allocation of parental rights and
responsibilities for the care of children, in any action or
proceeding, other than a criminal, delinquency, child abuse,
child neglect, or dependent child action or proceeding, that is
brought by or against either parent who takes part in mediation
in accordance with the order and that pertains to the mediation
process, to any information discussed or presented in the
mediation process, to the allocation of parental rights and
responsibilities for the care of the parents' children, or to the
awarding of visitation rights in relation to their children.
(I) A communications assistant, acting within the scope of
the communication that assistant's authority, when providing
telecommunications relay service
pursuant to section 4931.35 of the Revised Code or Title II of
the "Communications Act of 1934," 104 Stat. 366 (1990), 47 U.S.C.
225, concerning a communication made through a telecommunications
relay service.
Nothing in this section shall limit any immunity or
privilege granted under federal law or regulation. Nothing in
this section shall limit the obligation of a communications
assistant to divulge information or testify when mandated by
federal law or regulation or pursuant to subpoena in a criminal
proceeding.
Sec. 2925.01. As used in this chapter:
(A) "Administer," "controlled substance," "dispense,"
"distribute," "federal drug abuse control laws," "hypodermic,"
"manufacturer," "official written order," "person,"
"pharmacist," "pharmacy," "practitioner," "prescription," "sale,"
"schedule I," "schedule II," "schedule III," "schedule IV,"
"schedule V," and "wholesaler" have the same meanings as in
section 3719.01 of the Revised Code.
(B) "Drug dependent person" and "drug of abuse" have the
same meanings as in section 3719.011 of the Revised Code.
(C) "Drug," "dangerous drug," and "Federal Food, Drug, and
Cosmetic Act" have the same meanings as in section 4729.02 of the
Revised Code.
(D) "Bulk amount" of a controlled substance means any of
the following:
(1) For any compound, mixture, preparation, or substance
included in schedule I, schedule II, or schedule III,
with the exception of marihuana, cocaine, L.S.D., heroin, and hashish and
except as provided in division (D)(2) or (5) of this
section, whichever of the following is applicable:
(a) An amount equal to or exceeding ten grams or
twenty-five unit doses of a compound, mixture, preparation, or
substance that is or contains any amount of a schedule I opiate
or opium derivative;
(b) An amount equal to or exceeding ten grams
of a
compound, mixture, preparation, or substance that is or contains
any amount of raw or gum opium;
(c) An amount equal to or exceeding thirty
grams or ten
unit doses of a compound, mixture, preparation, or substance that
is or contains any amount of a schedule I hallucinogen other than
tetrahydrocannabinol or
lysergic acid
amide, or a schedule I stimulant or
depressant;
(d) An amount equal to or exceeding twenty
grams or five
times the maximum daily dose in the usual dose range specified in
a standard pharmaceutical reference manual of a compound,
mixture, preparation, or substance that is or contains any amount
of a schedule II opiate or opium derivative;
(e) An amount equal to or exceeding five grams or ten unit
doses of a compound, mixture, preparation, or substance that is
or contains any amount of phencyclidine;
(f) An amount equal to or exceeding one hundred twenty
grams or thirty times the maximum daily dose in the usual dose
range specified in a standard pharmaceutical reference manual of
a compound, mixture, preparation, or substance that is or
contains any amount of a schedule II stimulant that is in a final
dosage form manufactured by a person authorized by the Federal
Food, Drug, and Cosmetic Act and the federal drug abuse control
laws, that is or contains any amount of a schedule II depressant
substance or a schedule II hallucinogenic substance;
(g) An amount equal to or exceeding three
grams of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule II stimulant, or any of its salts or
isomers, that is not in a final dosage form manufactured by a
person authorized by the Federal Food, Drug, and Cosmetic Act and
the federal drug abuse control laws.
(2) An amount equal to or exceeding one
hundred twenty
grams or thirty times the maximum daily dose in the usual dose
range specified
in a standard pharmaceutical reference manual of a compound,
mixture,
preparation, or substance that is or contains any amount of a
schedule
III or IV substance other than an anabolic
steroid or a schedule III opiate or opium derivative;
(3) An amount equal to or exceeding twenty grams or five times the maximum
daily dose in the usual dose range specified in a standard pharmaceutical
reference manual of a compound, mixture, specification
PREPARATION, or substance that is
or contains any amount of a schedule III opiate or opium derivative;
(4) An amount equal to or exceeding two hundred fifty
milliliters or two hundred fifty grams of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule V substance;
(5) An amount equal to or exceeding two
hundred solid
dosage units, sixteen grams, or sixteen milliliters of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule III anabolic steroid.
(E) "Unit dose" means an amount or unit of a compound,
mixture, or preparation containing a controlled substance that is
separately identifiable and is in a form indicating that
indicates that it is the amount or unit by which
the controlled
substance is separately administered to or taken by an
individual.
(F) "Cultivate" includes planting, watering, fertilizing,
or tilling.
(G) "Drug abuse offense" means any of the following:
(1) A violation of division (A) of section 2913.02 that
constitutes theft of drugs, or a violation of section 2925.02,
2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13,
2925.22, 2925.23, 2925.31,
2925.32, 2925.36, or 2925.37 of the Revised Code;
(2) A violation of an existing or former law of this or
any other state or of the United States that is substantially
equivalent to any section listed in division (G)(1) of this
section;
(3) An offense under an existing or former law of this or
any other state, or of the United States, of which planting,
cultivating, harvesting, processing, making, manufacturing,
producing, shipping, transporting, delivering, acquiring,
possessing, storing, distributing, dispensing, selling, inducing
another to use, administering to another, using, or otherwise
dealing with a controlled substance is an element;
(4) A conspiracy to commit, attempt to commit, or complicity in
committing or attempting to commit any offense under division
(G)(1), (2), or (3) of this section.
(H) "Felony drug abuse offense" means any drug abuse
offense that would constitute a felony under the laws of this
state, any other state, or the United States.
(I) "Harmful intoxicant" does not include beer or
intoxicating liquor but means any compound, mixture,
preparation, or substance the gas, fumes, or vapor of which when
inhaled can induce intoxication, excitement, giddiness,
irrational behavior, depression, stupefaction, paralysis,
unconsciousness, asphyxiation, or other harmful physiological
effects, and includes, but is not limited to, any of the
following:
(1) Any volatile organic solvent, plastic cement, model
cement, fingernail polish remover, lacquer thinner, cleaning
fluid, gasoline, or other preparation containing a volatile
organic solvent;
(2) Any aerosol propellant;
(3) Any fluorocarbon refrigerant;
(4) Any anesthetic gas.
(J) "Manufacture" means to plant, cultivate, harvest,
process, make, prepare, or otherwise engage in any part of the
production of a drug, by propagation, extraction, chemical
synthesis, or compounding, or any combination of the same, and
includes packaging, repackaging, labeling, and other activities
incident to production.
(K) "Possess" or "possession" means having control over a
thing or substance, but may not be inferred solely from mere
access to the thing or substance through ownership or occupation
of the premises upon which the thing or substance is found.
(L) "Sample drug" means a drug or pharmaceutical
preparation that would be hazardous to health or safety if used
without the supervision of a practitioner, or a drug of abuse,
and that, at one time, had been placed in a container plainly
marked as a sample by a manufacturer.
(M) "Standard pharmaceutical reference manual" means the
current edition, with cumulative changes if any, of any of the
following reference works:
(1) "The National Formulary";
(2) "The United States Pharmacopeia," prepared by
authority of the United States Pharmacopeial Convention, Inc.;
(3) Other standard references that are approved by the
state board of pharmacy.
(N) "Juvenile" means a person under eighteen years of age.
(O) "Counterfeit controlled substance" means any of the
following:
(1) Any drug that bears, or whose container or label
bears, a trademark, trade name, or other identifying mark used
without authorization of the owner of rights to that trademark,
trade name, or identifying mark;
(2) Any unmarked or unlabeled substance that is
represented to be a controlled substance manufactured, processed,
packed, or distributed by a person other than the person that
manufactured, processed, packed, or distributed it;
(3) Any substance that is represented to be a controlled
substance but is not a controlled substance or is a different
controlled substance;
(4) Any substance other than a controlled substance that a
reasonable person would believe to be a controlled substance
because of its similarity in shape, size, and color, or its
markings, labeling, packaging, distribution, or the price for
which it is sold or offered for sale.
(P) An offense is "committed in the vicinity of a school" if the
offender commits the offense on school premises, in a school building, or
within one thousand feet of the boundaries of any school premises.
(Q) "School" means any school operated by a board of
education or any school for which the state board of education
prescribes minimum standards under section 3301.07 of the Revised
Code, whether or not any instruction, extracurricular activities,
or training provided by the school is being conducted at the time
a criminal offense is committed.
(R) "School premises" means either of the following:
(1) The parcel of real property on which any school is
situated, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted
on the premises at the time a criminal offense is committed;
(2) Any other parcel of real property that is owned or
leased by a board of education of a school or the governing body
of a school for which the state board of education prescribes
minimum standards under section 3301.07 of the Revised Code and
on which some of the instruction, extracurricular activities, or
training of the school is conducted, whether or not any
instruction, extracurricular activities, or training provided by
the school is being conducted on the parcel of real property at
the time a criminal offense is committed.
(S) "School building" means any building in which any of
the instruction, extracurricular activities, or training provided
by a school is conducted, whether or not any instruction,
extracurricular activities, or training provided by the school is
being conducted in the school building at the time a criminal
offense is committed.
(T) "Disciplinary counsel" means the disciplinary counsel
appointed by the board of commissioners on grievances and
discipline of the supreme court under the Rules for the
Government of the Bar of Ohio.
(U) "Certified grievance committee" means a duly
constituted and organized committee of the Ohio state bar
association or of one or more local bar associations of the state
of Ohio that complies with the criteria set forth in Rule V,
section 6 of the Rules for the Government of the Bar of Ohio.
(V) "Professional license" means any license, permit,
certificate, registration, qualification, admission, temporary
license, temporary permit, temporary certificate, or temporary
registration that is described in divisions (W)(1) to (35) of
this section and that qualifies a person as a professionally
licensed person.
(W) "Professionally licensed person" means any of the
following:
(1) A person who has obtained a license as a manufacturer
of controlled substances or a wholesaler of controlled substances
under Chapter 3719. of the Revised Code;
(2) A person who has received a certificate or temporary
certificate as a certified public accountant or who has
registered as a public accountant under Chapter 4701. of the
Revised Code and who holds a live permit issued under that
chapter;
(3) A person who holds a certificate of qualification to
practice architecture issued or renewed and registered under
Chapter 4703. of the Revised Code;
(4) A person who is registered as a landscape architect
under Chapter 4703. of the Revised Code or who holds a permit as
a landscape architect issued under that chapter;
(5) A person licensed as an auctioneer or apprentice
auctioneer or licensed to operate an auction company under
Chapter 4707. of the Revised Code;
(6) A person who has been issued a certificate of
registration as a registered barber under Chapter 4709. of the
Revised Code;
(7) A person licensed and regulated to engage in the
business of a debt pooling company by a legislative authority,
under authority of Chapter 4710. of the Revised Code;
(8) A person who has been issued a cosmetologist's
license, manicurist's license, esthetician's license, managing
cosmetologist's license, managing manicurist's license, managing
esthetician's license, cosmetology instructor's license,
manicurist instructor's license, esthetician instructor's
license, or tanning facility permit under Chapter 4713. of the
Revised Code;
(9) A person who has been issued a license to practice
dentistry, a general anesthesia permit, a conscious intravenous
sedation permit, a limited resident's license, a limited teaching
license, a dental hygienist's license, or a dental hygienist's
teacher's certificate under Chapter 4715. of the Revised Code;
(10) A person who has been issued an embalmer's license, a
funeral director's license, or a funeral home license, or who has
been registered for a funeral director's apprenticeship under
Chapter 4717. of the Revised Code;
(11) A person who has been licensed as a registered nurse
or practical nurse, or who has been issued a certificate for the
practice of nurse-midwifery under Chapter 4723. of the Revised
Code;
(12) A person who has been licensed to practice optometry
or to engage in optical dispensing under Chapter 4725. of the
Revised Code;
(13) A person licensed to act as a pawnbroker under
Chapter 4727. of the Revised Code;
(14) A person licensed to act as a precious metals dealer
under Chapter 4728. of the Revised Code;
(15) A person registered as a pharmacist, a pharmacy
intern, a wholesale distributor of dangerous drugs, or a terminal
distributor of dangerous drugs under Chapter 4729. of the Revised
Code;
(16) A person who is authorized to practice as a physician assistant under
Chapter 4730. of the Revised Code;
(17) A person who has been issued a certificate to
practice medicine and surgery, osteopathic medicine and surgery,
a limited branch of medicine or surgery, or podiatry under
Chapter 4731. of the Revised Code;
(18) A person licensed as a psychologist or school
psychologist under Chapter 4732. of the Revised Code;
(19) A person registered to practice the profession of
engineering or surveying under Chapter 4733. of the Revised Code;
(20) A person who has been issued a certificate LICENSE to
practice chiropractic under Chapter 4734. of the Revised Code;
(21) A person licensed to act as a real estate broker,
real estate salesman, limited real estate broker, or limited real
estate salesman under Chapter 4735. of the Revised Code;
(22) A person registered as a registered sanitarian under
Chapter 4736. of the Revised Code;
(23) A person licensed to operate or maintain a junkyard
under Chapter 4737. of the Revised Code;
(24) A person who has been issued a motor vehicle salvage
dealer's license under Chapter 4738. of the Revised Code;
(25) A person who has been licensed to act as a steam
engineer under Chapter 4739. of the Revised Code;
(26) A person who has been issued a license or temporary
permit to practice veterinary medicine or any of its branches, or
who is registered as a graduate animal technician under Chapter
4741. of the Revised Code;
(27) A person who has been issued a hearing aid dealer's
or fitter's license or trainee permit under Chapter 4747. of the
Revised Code;
(28) A person who has been issued a class A, class B, or
class C license or who has been registered as an investigator or
security guard employee under Chapter 4749. of the Revised Code;
(29) A person licensed and registered to practice as a
nursing home administrator under Chapter 4751. of the Revised
Code;
(30) A person licensed to practice as a speech SPEECH-LANGUAGE
pathologist
or audiologist under Chapter 4753. of the Revised Code;
(31) A person issued a license as an occupational
therapist or physical therapist under Chapter 4755. of the
Revised Code;
(32) A person who is licensed as a professional clinical counselor or
professional counselor, licensed as a social worker or independent social
worker, or registered as a social work
assistant under Chapter 4757. of the Revised Code;
(33) A person issued a license to practice dietetics under
Chapter 4759. of the Revised Code;
(34) A person who has been issued a license or temporary
LIMITED permit to practice respiratory therapy under Chapter 4761. of
the
Revised Code;
(35) A person who has been issued a real estate appraiser
certificate under Chapter 4763. of the Revised Code.
(X) "Cocaine" means any of the following:
(1) A cocaine salt, isomer, or derivative, a salt of a
cocaine isomer or derivative, or the base form of cocaine;
(2) Coca leaves or a salt, compound, derivative, or
preparation of coca leaves, including ecgonine, a salt, isomer,
or derivative of ecgonine, or a salt of an isomer or derivative
of ecgonine;
(3) A salt, compound, derivative, or preparation of a
substance identified in division
(X)(1) or (2) of this section
that is chemically equivalent to or identical with any of those
substances, except that the substances shall not include
decocainized coca leaves or extraction of coca leaves if the
extractions do not contain cocaine or ecgonine.
(Y) "L.S.D." means
lysergic acid diethylamide.
(Z) "Hashish" means the resin or a preparation of the resin
contained in marihuana, whether in solid form or in a liquid concentrate,
liquid extract, or liquid distillate form.
(AA) "Marihuana" has the same meaning as in section
3719.01 of the Revised Code,
except that it does not include hashish.
(BB) An offense is "committed in the vicinity of a
juvenile" if
the offender commits the offense within one hundred feet of a juvenile or
within the view of a juvenile, regardless of whether the
offender knows the age of the juvenile, whether the offender knows the offense
is being committed within one hundred feet of or within view of the juvenile,
or whether the juvenile actually views the commission of the offense.
(CC) "Presumption for a prison term" or "presumption that a
prison term shall be imposed" means a presumption, as described in division
(D) of section 2929.13 of the Revised Code, that a prison term is a necessary
sanction for a felony in order to comply with the purposes and principles of
sentencing under section 2929.11 of the Revised Code.
(DD) "Major drug offender" has the same meaning as in section
2929.01 of the Revised Code.
(EE) "Minor drug possession offense" means either of the
following:
(1) A violation of section 2925.11 of the Revised Code as
it existed prior to July 1, 1996;
(2) A violation of section 2925.11 of the Revised Code as it exists on and
after July 1, 1996, this that is a misdemeanor or a felony of the fifth
degree.
(FF) "Mandatory prison term" has the same meaning as
in section 2929.01 of the Revised Code.
(GG) "Crack cocaine" means a compound, mixture, preparation, or
substance that is or contains any amount of cocaine that is analytically
identified as the base form of cocaine or that is in a form that resembles
rocks or pebbles generally intended for individual use.
Sec. 3719.121. (A) Except as otherwise provided in
section 4723.28, 4730.25, or 4731.22 of the Revised
Code, the license, certificate, or
registration of any practitioner,
nurse, physician assistant, pharmacist, manufacturer, or
wholesaler, who is or becomes
addicted to the use of controlled substances, shall be
suspended by the board that authorized the person's license,
certificate,
or registration until the person offers satisfactory proof
to the board that the person no longer is addicted to the use of
controlled substances.
(B) If the board under which a
person has been issued a license, certificate, or
evidence of registration
determines that there is clear and
convincing evidence that continuation of the person's professional
practice or method of distributing controlled substances
presents a danger of immediate and serious harm to others, the board
may suspend the person's license, certificate, or
registration without a hearing.
Except as otherwise provided in sections 4715.30, 4723.281, 4730.25,
and
4731.22 of the Revised Code, the board shall follow the procedure
for suspension without a prior hearing in
section
119.07 of the Revised Code. The suspension shall remain in
effect, unless removed by the board, until the board's final
adjudication order becomes effective, except that if the board
does not issue its final adjudication order within ninety days
after the hearing, the suspension shall be void on the
ninety-first day after the hearing.
(C) On receiving notification pursuant to section 2929.24
or 3719.12 of the Revised Code, the board under which a person has been
issued a license, certificate, or evidence of registration
immediately
shall suspend the license, certificate,
or registration of that person on a plea of guilty
to,
a finding by a jury or court of the person's guilt of, or conviction of a
felony drug abuse offense; a
finding by a court of the person's eligibility for treatment
in lieu of conviction; a
plea of guilty to, or a finding by a jury or court of
the person's guilt of, or the person's conviction of
an offense in another jurisdiction that is essentially the same as a
felony drug abuse offense; or a finding by a court of
the person's eligibility for treatment in lieu of conviction in another
jurisdiction. The board shall notify the holder of the license,
certificate, or registration of the suspension, which shall
remain in effect
until the board holds an adjudicatory hearing ADJUDICATION
under Chapter 119. of the Revised Code.
Sec. 4713.01. As used in sections 4713.01 to 4713.21 of
the Revised Code:
(A) The practice of cosmetology includes work done for
pay, free, or otherwise, by any person, which work is usually
performed by hairdressers, cosmetologists, cosmeticians, or
beauty culturists, however denominated, in beauty salons; which
work is for the embellishment, cleanliness, and beautification of
hair, wigs, and postiches, such as arranging, dressing, pressing,
curling, waving, permanent waving, cleansing, cutting, singeing,
bleaching, coloring, weaving, or similar work, and the massaging,
cleansing, stimulating, manipulating, exercising, or similar work
by the use of manual massage techniques or mechanical or
electrically operated apparatus or appliances, or cosmetics,
preparations, tonics, antiseptics, creams, or lotions, and of
manicuring the nails or application of artificial nails, which
enumerated practices shall be inclusive of the practice of
cosmetology, but not in limitation thereof. Sections 4713.01 to
4713.21 of the Revised Code do not permit any of the services or
arts described in this division to be used for the treatment or
cure of any physical or mental diseases or ailments.
The retail sale or the trial demonstration by application
to the skin for purposes of retail sale of cosmetics,
preparations, tonics, antiseptics, creams, lotions, wigs, and
postiches shall not be considered the practice of cosmetology.
(B) "Cosmetologist," "cosmetician," "beauty culturist,"
or "hairdresser," means any person who, for pay, free, or
otherwise, engages in the practice of cosmetology.
(C) "Manicurist" means any person who, for pay, free, or
otherwise, engages only in the occupation of manicuring the nails
of any person or the application of artificial or sculptured
nails, or both.
(D) "The practice of esthetics" includes work done for
pay, free, or otherwise, by any person, which work is the
application of cosmetics, tonics, antiseptics, creams, lotions,
or other preparations for the purpose of skin beautification and
includes preparation of the skin by manual massage techniques or
by use of electrical, mechanical, or other apparatus.
(E) "Esthetician" means any person who, for pay, free, or
otherwise, engages only in the practice of esthetics.
(F) "Beauty salon" means any premises, building, or part
of a building, in which any branch of cosmetology, except the
occupation of a manicurist when carried on in a barber shop
licensed under Chapter 4709. of the Revised Code, or the
occupation of a cosmetologist is practiced.
(G) "Student" means any person who is engaged in learning
or acquiring knowledge of the occupation of a cosmetologist,
manicurist, or esthetician in a school of cosmetology.
(H) "School of cosmetology" means any premises, building,
or part of a building in which students are instructed in the
theories and practices of cosmetology, manicuring, and esthetics.
(I) "Managing cosmetologist" means any person who has met
the requirements of division (D) of section 4713.04 of the
Revised Code, and has applied for and received a managing
cosmetologist license.
(J) "Cosmetology instructor" means any person who has met
the requirements of division (E) of section 4713.04 of the
Revised Code, and has applied for and received an instructor's
license.
(K) "Apprentice instructor" means any licensee of the state board of
cosmetology who is engaged in learning or acquiring
knowledge of the occupation of an instructor, in any branch of cosmetology in
a
duly licensed school of cosmetology.
(L) "Cosmetic therapy" and "cosmetic therapist" have HAS the
same meanings MEANING as in section 4731.15 of the Revised Code.
(M) "Nail salon" means any premises, building, or part of
a building in which manicurists engage only in the occupation of
manicuring the nails of any person or the application of
artificial or sculptured nails, or both. For administrative
purposes, a nail salon is deemed the equivalent of a beauty salon
and is subject to appropriate rules with respect to sanitation
and sterilization. A licensed manicurist may practice the
occupation of manicuring nails in a nail salon, in a beauty
salon, or in a barber shop.
(N) "Esthetics salon" means any premises, building, or
part of a building in which esthetics is performed by a person
licensed as a cosmetologist or esthetician. For administrative
purposes, an esthetics salon is deemed the equivalent of a beauty
salon and is subject to the appropriate rules with respect to
sanitation and sterilization.
(O) "Managing manicurist" means any person who has met the
requirements of division (H) of section 4713.04 of the Revised
Code, and has applied for and received a managing manicurist
license.
(P) "Manicurist instructor" means any person who meets the
requirements of division (L) of section 4713.04 of the Revised
Code and who has applied for and received a manicurist instructor
license.
(Q) "Managing esthetician" means any person who has met
the requirements of division (J) of section 4713.04 of the
Revised Code, and has applied for and received a managing
esthetician's license.
(R) "Esthetics instructor" means any person who meets the
requirements of division (K) of section 4713.04 of the Revised
Code and who has applied for and received an esthetics instructor
license.
(S) "Glamour photography" means the combination of a photographic service or
product with the delivery of a cosmetology service advertised or sold to the
public.
Sec. 4713.12. Sections 4713.01 to 4713.21 of the Revised
Code do not prohibit service in cases of emergency or domestic
administration, without compensation. The following persons
shall be exempt from the provisions of such sections:
(A) All persons authorized to practice medicine, surgery,
dentistry, and nursing or any of its branches in this state;
(B) Commissioned surgical and medical officers of the
United States army, navy, or marine hospital service when engaged
in the actual performance of their official duties, and
attendants attached to same;
(C) Barbers, insofar as their usual and ordinary vocation
and profession is concerned;
(D) Funeral directors, embalmers, and apprentices licensed
or registered under Chapter 4717. of the Revised Code;
(E) Persons who are engaged in the retail sale, cleaning,
or beautification of wigs and postiches but who do not engage in
any other act constituting the practice of cosmetology;
(F) Volunteers of hospitals, and homes as defined in
section 3721.01 of the Revised Code, who render service to
registered patients and inpatients who reside in such hospitals
or homes. Such volunteers shall not use or work with any
chemical products such as permanent wave, hair dye, or chemical
hair relaxer, which without proper training would pose a health
or safety problem to the patient.
(G) Nurses aides and other employees of hospitals and
homes as defined in section 3721.01 of the Revised Code, who
render cosmetology services to registered patients only as part
of general patient care services and who do not charge patients
directly on a fee for service basis;
(H) Cosmetic therapists who HOLD CURRENT, VALID CERTIFICATES TO
practice cosmetic therapy in premises approved ISSUED by the
state medical board under Chapter 4731. SECTION 4731.15
of the Revised Code;
(I) Photographers engaged in delivering a glamour photography service in a
licensed salon, so long as the person advertising and operating the glamour
photography service is properly licensed under this chapter by the state board
of cosmetology.
Sec. 4713.14. (A) Beauty salons shall be in charge of and
under the immediate supervision of a licensed managing
cosmetologist and esthetics salons shall be in charge of and
under the immediate supervision of a licensed managing
cosmetologist or a licensed managing esthetician. Beauty salons
and esthetics salons shall be equipped to provide potable running
hot and cold water and proper drainage, to sanitize all
instruments and supplies used therein in the practice of
cosmetology and any of its branches, and to sterilize all
instruments and supplies used therein by cosmetic therapists
licensed AUTHORIZED TO PRACTICE under section 4731.15 of the
Revised Code. Except as
provided in division (C) of this section, rooms licensed as
beauty salons or esthetics salons shall be used only for the
practice of services regulated and licensed under this chapter
and section 4731.15 of the Revised Code, be kept in a clean and
sanitary condition, and be properly ventilated. Nothing in this
section shall be construed to forbid the retailing of cosmetics,
preparations, tonics, antiseptics, creams, lotions, wigs,
postiches, and other items related to the practice of
cosmetology, including clothing, or forbid the provision of glamour
photography, in a beauty salon or esthetics
salon. No food shall be sold in rooms used as beauty salons or
esthetics salons.
(B) Nail salons shall be in charge of and under the
immediate supervision of a licensed managing manicurist or a
licensed managing cosmetologist. Nail salons shall be equipped
to provide potable running hot and cold water and proper
drainage, and to sanitize all instruments and supplies used
therein in the manicuring of nails or in the practice of massage.
Rooms licensed as nail salons shall be used only for the practice
of services regulated and licensed under this chapter, and must
be kept in a clean and sanitary condition and be properly
ventilated. Nothing in this section shall be construed to forbid
the retailing of cosmetics, creams, lotions, and other items
related to the manicuring of nails, including clothing, in a nail
salon. No food shall be sold in rooms used as nail salons.
(C) Where the owner or operator of a beauty salon, nail
salon, or a school of cosmetology has a permit issued under
section 4713.25 of the Revised Code, tanning facilities may be
operated in beauty salons, nail salons, and schools of
cosmetology in accordance with rules that the state board of
cosmetology may adopt pertaining to the operation of tanning
facilities in beauty salons, nail salons, and schools.
(D) The owner or operator of a beauty salon or nail salon
may provide massage services at the salon if the services are
provided in accordance with any rules adopted under section
4713.02 of the Revised Code and the person giving the service
holds a current, valid certificate issued under section 4731.15
of the Revised Code. Any room used to provide massage services
in a salon shall be used for only that purpose and is subject to
the requirements relating to cleanliness and ventilation
established in division (A) of this section.
Sec. 4730.12. (A) A person seeking to renew a certificate of registration as
a physician assistant shall, on or before the thirty-first day of January
of each even-numbered year, apply for renewal of the certificate.
The state medical board shall send
renewal notices at least one month prior to the
expiration date.
Applications shall be submitted to the board on forms the board shall
prescribe and furnish. Each application shall be accompanied by a biennial
renewal fee of fifty dollars. The board shall deposit the fees in accordance
with section 4731.24 of the Revised Code.
The applicant shall report any criminal offense that constitutes grounds
for
refusing to issue a certificate of registration under
section 4730.25 of the Revised Code TO WHICH THE APPLICANT HAS PLEADED
GUILTY, of
which the applicant has been found guilty, or to which the applicant
has
entered a plea of guilty or
no contest FOR WHICH THE APPLICANT HAS BEEN FOUND ELIGIBLE FOR
TREATMENT IN LIEU OF CONVICTION, since last receiving
SIGNING AN APPLICATION FOR a
certificate of registration as a
physician assistant.
(B) To be eligible for renewal, a physician
assistant must certify to the board both of the following:
(1) That the physician assistant has maintained certification by the
national commission on certification of physician assistants by meeting the
commission's standards to hold current certification, including completion of
continuing medical education requirements and passing periodic recertification
examinations;
(2) Except as provided in divisions DIVISION (D)
of this section, that the physician assistant has completed
during the
current registration period not less than one hundred hours of
continuing medical education acceptable to the board. The board shall adopt
rules in accordance with Chapter
119. of the Revised Code specifying the types of
continuing medical education that must be
completed to fulfill the board's requirements. The board shall not adopt
rules
that require a physician assistant to complete in any registration period more
than one hundred hours of continuing medical education acceptable to the
board. In fulfilling the board's requirements, a physician assistant may use
continuing medical education courses or programs completed to maintain
certification by the national commission on certification of physician
assistants if the commission's standards for acceptable courses and programs
are at least equivalent to the standards established by the board.
(C) If an applicant submits a complete renewal application and
qualifies for
renewal pursuant to division (B) of this section, the board
shall issue to the applicant a renewed certificate of
registration as a physician assistant. The board may require a
random sample of physician assistants to submit materials
documenting certification by the national commission on
certification of physician assistants and completion of the
required number of hours of continuing medical education.
(D) The board shall provide for pro rata
reductions by month of the number of hours of continuing
education that must be completed for individuals who are in their
first registration period, who have been disabled due to illness
or accident, or who have been absent from the country. The board
shall adopt rules,
in accordance with Chapter 119. of the
Revised Code, as necessary to implement this division.
(E) A certificate of registration that is not renewed on or
before its expiration date IS automatically lapses
SUSPENDED on
that ITS EXPIRATION date. The state medical
board, in its discretion, may SHALL reinstate a lapsed
certificate SUSPENDED FOR FAILURE TO RENEW upon the
payment AN APPLICANT'S SUBMISSION of all delinquent THE
BIENNIAL renewal fees, a
FEE, THE APPLICABLE MONETARY penalty of twenty-five dollars, and
successful completion of CERTIFICATION THAT the number
of hours of continuing education necessary to have a lapsed certificate
reinstated HAVE BEEN COMPLETED, as
specified in rules the board shall adopt in accordance with Chapter
119. of the Revised Code. THE PENALTY FOR REINSTATEMENT SHALL BE
TWENTY-FIVE DOLLARS IF
THE CERTIFICATE HAS BEEN SUSPENDED FOR TWO YEARS OR LESS AND
FIFTY DOLLARS IF THE CERTIFICATE HAS BEEN SUSPENDED FOR MORE THAN
TWO YEARS. THE BOARD SHALL DEPOSIT PENALTIES IN ACCORDANCE WITH
SECTION 4731.24 OF THE REVISED CODE.
(F) IF AN INDIVIDUAL CERTIFIES THAT THE INDIVIDUAL
HAS COMPLETED THE NUMBER OF HOURS AND TYPE OF CONTINUING MEDICAL
EDUCATION REQUIRED FOR RENEWAL OR REINSTATEMENT OF A CERTIFICATE
OF REGISTRATION AS A PHYSICIAN ASSISTANT, AND THE BOARD FINDS
THROUGH A RANDOM SAMPLE CONDUCTED UNDER DIVISION (C) OF
THIS SECTION OR THROUGH ANY OTHER MEANS THAT THE INDIVIDUAL DID
NOT COMPLETE THE REQUISITE CONTINUING MEDICAL EDUCATION, THE
BOARD MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN FIVE THOUSAND
DOLLARS. THE BOARD'S FINDING SHALL BE MADE PURSUANT TO AN
ADJUDICATION UNDER CHAPTER 119. OF THE REVISED
CODE AND BY AN AFFIRMATIVE VOTE OF NOT FEWER THAN SIX
MEMBERS.
A CIVIL PENALTY IMPOSED UNDER THIS DIVISION MAY BE IN
ADDITION TO OR IN LIEU OF ANY OTHER ACTION THE BOARD MAY TAKE
UNDER SECTION 4730.25 OF THE REVISED CODE. THE
BOARD SHALL DEPOSIT CIVIL PENALTIES IN ACCORDANCE WITH SECTION
4731.24 OF THE REVISED CODE.
Sec. 4730.25. (A) The state medical board, pursuant to an adjudication
under Chapter 119. of the Revised Code and by
a AN AFFIRMATIVE vote of not fewer than six members, may revoke
or may refuse to
grant a certificate of registration as a physician assistant to a
person found by the board to have committed fraud,
misrepresentation, or deception in applying for or securing the
certificate.
(B) The board, pursuant to an adjudication under
Chapter 119. of the Revised Code and by a AN AFFIRMATIVE
vote of not fewer than six members, shall, to the extent
permitted by law, limit, revoke, or suspend a AN INDIVIDUAL'S
certificate of registration as a physician assistant, refuse to
issue a certificate to an applicant, refuse to reinstate a
certificate, or reprimand or place on probation the holder
of a certificate
for any of the following reasons:
(1) Failure to practice in accordance
with the conditions under which the supervising physician's supervision
agreement with
the physician assistant was approved, including the requirement
that when practicing under a particular supervising physician,
the physician assistant must practice only according to the standard or
supplemental utilization plan the board approved for that physician;
(2) Failure to comply with the requirements of this
chapter, Chapter 4731. of the Revised Code, or any rules adopted
by the board;
(3) Violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of, or
conspiring to violate, any provision of this chapter,
Chapter 4731. of the Revised Code, or the
rules adopted by the board;
(4) Inability to practice according to
acceptable and prevailing standards of care by reason of mental
illness or physical illness, including physical deterioration
that adversely affects cognitive, motor, or perceptive skills;
(5) Impairment of ability to practice according to
acceptable and prevailing standards of care because of habitual
or excessive use or abuse of drugs, alcohol, or other substances
that impair ability to practice;
(6) Administering drugs for purposes other than those
authorized under this chapter;
(7) Willfully betraying a professional confidence;
(8) Soliciting patients or publishing MAKING a false,
fraudulent,
deceptive, or misleading statement. As IN SOLICITING OR ADVERTISING
FOR PATIENTS, IN RELATION TO THE
PRACTICE OF MEDICINE AS IT PERTAINS TO PHYSICIAN ASSISTANTS, OR
IN SECURING OR ATTEMPTING TO SECURE A CERTIFICATE OF
REGISTRATION TO PRACTICE AS A PHYSICIAN ASSISTANT OR APPROVAL OF
A SUPERVISION AGREEMENT.
AS used in this division,
"false, fraudulent, deceptive, or misleading statement" means a
statement that includes a misrepresentation of fact, is likely to
mislead or deceive because of a failure to disclose material
facts, is intended or is likely to create false or unjustified
expectations of favorable results, or includes representations or
implications that in reasonable probability will cause an
ordinarily prudent person to misunderstand or be deceived.
(9) Representing, with the purpose of obtaining
compensation or other advantage personally or for any other
person, that an incurable disease or injury, or other incurable
condition, can be permanently cured;
(10) The obtaining of, or attempting to obtain, money or
anything of value by fraudulent misrepresentations in the course
of practice;
(11) A plea of guilty to, or a judicial
finding of guilt of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN
LIEU OF CONVICTION FOR, a felony;
(12) Commission of an act that constitutes a felony in
this state, regardless of the jurisdiction in which the act was
committed;
(13) A plea of guilty to, or a judicial
finding of guilt of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN
LIEU OF CONVICTION FOR, a misdemeanor committed in the course of
practice;
(14) A plea of guilty to, or a judicial
finding of guilt of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN
LIEU OF CONVICTION FOR, a misdemeanor
involving moral turpitude;
(15) Commission of an act IN THE COURSE OF PRACTICE that constitutes a
misdemeanor in this state,
regardless of the jurisdiction in which the act was
committed, if the act was committed in the course of practice;
(16) Commission of an act INVOLVING MORAL TURPITUDE that constitutes a
misdemeanor in this state, regardless of the jurisdiction in
which the act was committed, if the act involves moral turpitude;
(17) Trafficking in drugs, or a A plea of guilty to
or, a
judicial finding of guilt of, OR A JUDICIAL FINDING OF ELIGIBILITY
FOR TREATMENT IN LIEU OF CONVICTION FOR violating any state or federal law
regulating the possession, distribution, or use of any drug,
INCLUDING TRAFFICKING IN DRUGS;
(18) The ANY OF THE FOLLOWING ACTIONS TAKEN BY THE
STATE AGENCY RESPONSIBLE FOR REGULATING THE PRACTICE OF PHYSICIAN ASSISTANTS
IN ANOTHER STATE, FOR ANY REASON OTHER THAN THE
NONPAYMENT OF FEES: THE limitation, revocation, or suspension by
another
state of a AN INDIVIDUAL'S
license, certificate, or registration to practice issued by the
proper licensing authority of that state, the; ACCEPTANCE OF AN
INDIVIDUAL'S LICENSE SURRENDER; DENIAL OF A LICENSE; refusal to
license, certify, register, RENEW or reinstate an applicant
by that authority, the A LICENSE; imposition of probation
by that authority,; or the issuance of an order of
censure or other reprimand by that authority for any reason, other than
nonpayment of fees;
(19) A departure from, or failure to conform to,
minimal standards of care of similar physician assistants under
the same or similar circumstances, regardless of whether actual
injury to a patient is established;
(20) Violation of the conditions placed
by the board on a certificate of registration, physician
assistant utilization plan, or supervision agreement;
(21) Violation of the conditions on which
a temporary certificate of registration is issued;
(22) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4731.051
of the Revised Code;
(23) FAILURE TO COOPERATE IN AN INVESTIGATION CONDUCTED BY
THE BOARD UNDER SECTION 4730.26 OF THE REVISED
CODE, INCLUDING FAILURE TO COMPLY WITH A SUBPOENA OR
ORDER ISSUED BY THE BOARD OR FAILURE TO ANSWER TRUTHFULLY A
QUESTION PRESENTED BY THE BOARD AT A DEPOSITION OR IN WRITTEN
INTERROGATORIES, EXCEPT THAT FAILURE TO COOPERATE WITH AN
INVESTIGATION SHALL NOT CONSTITUTE GROUNDS FOR DISCIPLINE UNDER
THIS SECTION IF A COURT OF COMPETENT JURISDICTION HAS ISSUED AN
ORDER THAT EITHER QUASHES A SUBPOENA OR PERMITS THE INDIVIDUAL
TO WITHHOLD THE TESTIMONY OR EVIDENCE IN ISSUE.
(C) DISCIPLINARY ACTIONS TAKEN BY THE BOARD UNDER DIVISIONS (A)
AND (B)
OF THIS SECTION SHALL BE TAKEN PURSUANT TO AN ADJUDICATION UNDER
CHAPTER 119. of the Revised Code, EXCEPT THAT IN LIEU OF AN ADJUDICATION, THE BOARD
MAY ENTER INTO A CONSENT AGREEMENT
WITH A PHYSICIAN ASSISTANT OR APPLICANT TO RESOLVE AN
ALLEGATION OF A VIOLATION OF THIS CHAPTER OR ANY RULE ADOPTED
UNDER IT. A CONSENT AGREEMENT, WHEN RATIFIED BY AN
AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS OF THE BOARD,
SHALL CONSTITUTE THE FINDINGS AND ORDER OF THE BOARD WITH
RESPECT TO THE MATTER ADDRESSED IN THE AGREEMENT. IF THE BOARD
REFUSES TO RATIFY A CONSENT AGREEMENT, THE ADMISSIONS AND
FINDINGS CONTAINED IN THE CONSENT AGREEMENT SHALL BE OF NO FORCE
OR EFFECT.
(D) For purposes of divisions (B)(12), (15), and (16) of this
section, the commission of the act may be established by a
finding by the board, pursuant to an
adjudication under Chapter 119. of the Revised Code, that the applicant
or certificate holder committed the act in question. The board shall have no
jurisdiction under these divisions in cases where the trial court
renders a final judgment in the certificate holder's favor and
that judgment is based upon an adjudication on the merits. The
board shall have jurisdiction under these divisions in cases
where the trial court issues an order of dismissal upon technical
or procedural grounds.
(E) The sealing of conviction records by any court shall have
no effect
upon a prior board order entered under the provisions of this
section or upon the board's jurisdiction to take action under the
provisions of this section if a notice of opportunity for hearing
has been issued, based upon conviction, a plea of guilty,
or
a judicial finding of guilt, OR A JUDICIAL FINDING OF ELIGIBILITY
FOR TREATMENT IN
LIEU OF CONVICTION, THE BOARD ISSUED A NOTICE OF OPPORTUNITY FOR
HEARING prior to the court's order to seal the records. THE BOARD
SHALL NOT BE REQUIRED TO SEAL, DESTROY, REDACT, OR
OTHERWISE MODIFY ITS RECORDS TO REFLECT THE COURT'S SEALING OF
CONVICTION RECORDS.
(D)(F) For purposes of this division, any
individual who holds a certificate of registration issued under
this chapter, or applies for a certificate of registration, shall
be deemed to have given consent to submit to a mental or
physical examination when directed to do so in writing by the
board and to have waived all objections to the admissibility of
testimony or examination reports that constitute a privileged
communication.
(1) In enforcing division (B)(4) of this
section, the board, upon a showing of a possible violation, may
compel any individual who holds a certificate of registration
issued under this chapter or who has applied for a certificate of
registration pursuant to this chapter to submit to a mental or
EXAMINATION, physical examination, INCLUDING AN
HIV TEST, or both, as required by and at the expense
of the board A MENTAL AND PHYSICAL EXAMINATION. THE EXPENSE OF
THE EXAMINATION IS THE RESPONSIBILITY OF
THE INDIVIDUAL COMPELLED TO BE EXAMINED. Failure of any
individual to submit to a mental or
physical examination when directed OR CONSENT TO AN HIV
TEST ORDERED BY THE BOARD constitutes an admission of
the allegations against the individual unless the failure is due to
circumstances beyond the individual's control, and a default and final order
may be entered without the taking of testimony or presentation of
evidence. If the board finds a physician assistant unable to
practice because of the reasons set forth in this division
(B)(4) OF THIS SECTION, the
board shall require the physician assistant to submit to care,
counseling, or treatment by physicians approved or designated by
the board, as a condition for an initial, continued, reinstated,
or renewed certificate of registration. An individual affected
under this division shall be afforded an opportunity to
demonstrate to the board the ability to resume practicing in compliance with
acceptable and prevailing standards of care.
(2) For purposes of division (B)(5) of this
section, if the board has reason to believe that any individual
who holds a certificate of registration issued under this chapter
or any applicant for a certificate of registration suffers such
impairment, the board may compel the individual to submit to a
mental or physical examination, or both. The EXPENSE OF THE
examination shall be at IS the expense
RESPONSIBILITY of the
board INDIVIDUAL COMPELLED TO BE EXAMINED. Any mental or
physical
examination required under this division shall be undertaken by a
treatment provider or physician qualified to conduct such
examination and chosen by the board.
Failure of the individual to submit to a mental or
physical examination ordered by
the board constitutes an
admission of the allegations against the individual unless the failure is
due to circumstances beyond the individual's control, and a
default and final order may be entered without the taking of
testimony or presentation of evidence. If the board determines
that the individual's ability to practice is impaired, the board
shall suspend the individual's certificate or deny the individual's
application and shall
require the individual, as a condition for initial, continued,
reinstated, or renewed licensure to practice, to submit to
treatment.
Before being eligible to apply for reinstatement of a
certificate suspended under this division, the physician
assistant shall demonstrate to the board the ability to resume
practice in compliance with acceptable and prevailing standards
of care. The demonstration shall include the
following:
(a) Certification from a treatment provider
approved under section 4731.25 of the Revised
Code that the individual has successfully completed any required
inpatient treatment;
(b) Evidence of continuing full compliance with
an aftercare contract or consent agreement;
(c) Two written reports indicating that the
individual's ability to practice has been assessed and that the individual
has been found capable of practicing according to acceptable and
prevailing standards of care. The reports shall be made by
individuals or providers approved by the board for making such
assessments and shall describe the basis for this THEIR
determination.
The board may reinstate a certificate suspended under
this division after such demonstration and after the individual
has entered into a written consent agreement.
When the impaired physician assistant resumes practice,
the board shall require continued monitoring of the physician
assistant, which. THE MONITORING shall include
compliance with the written
consent agreement entered into before reinstatement or with
conditions imposed by board order after a hearing, and, upon
termination of the consent agreement, submission to the board for
at least two years of annual written progress reports made under
penalty of falsification stating whether the physician assistant
has maintained sobriety.
(E)(G) If the secretary and supervising member
determine that there is clear and convincing evidence that a
physician assistant has violated division (B) of this
section and that the individual's continued practice
presents a danger of immediate and serious harm to the public,
they may recommend that the board suspend the individual's certificate to
practice without
a prior hearing. Written allegations shall be prepared for
consideration by the board members.
The board, upon review of those allegations and by a AN
AFFIRMATIVE
vote of not fewer than six of its members, excluding the
secretary and supervising member, may suspend a certificate
without a prior hearing. A telephone conference call may be
utilized for reviewing the allegations and taking the vote ON THE SUMMARY
SUSPENSION.
The board shall issue a written order of suspension by
certified mail or in person in accordance with section 119.07 of
the Revised Code. The order shall not be
subject to suspension by the court during pendency of any appeal
filed under section 119.12 of the Revised
Code. If the physician assistant requests an adjudicatory
hearing by the board, the date set for the hearing shall be
within fifteen days, but not earlier than seven days, after the
physician assistant requests the hearing, unless otherwise
agreed to by both the board and the certificate holder.
A summary suspension imposed under this division shall
remain in effect, unless reversed on appeal, until a final
adjudicative order issued by the board pursuant to this section
and Chapter 119. of the Revised Code
becomes effective. The board shall issue its final adjudicative
order within sixty days after completion of its hearing. Failure to issue the
order within sixty days shall result in
dissolution of the summary suspension order, but shall not
invalidate any subsequent, final adjudicative order.
(F)(H) If the board should take TAKES
action under
division (B)(11), (13), or (14) of this section, and the
conviction, judicial finding of guilt, or guilty plea,
OR
JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION is
overturned on appeal, upon exhaustion of the criminal appeal, a
petition for reconsideration of the order may be filed with the
board along with appropriate court documents. Upon receipt of
a petition and supporting court documents, the board shall
reinstate the petitioner's certificate OF REGISTRATION. The
board may then hold an adjudication UNDER CHAPTER 119. of the Revised Code to
determine whether the
individual committed the act in question. Notice of
opportunity for hearing shall be given in accordance with
Chapter 119. of the Revised Code. If the
board finds, pursuant to an adjudication held under
this division, that the individual committed the act, or if no
hearing is requested, it may order any of the sanctions
identified under division (B) of this section.
(G)(I) The certificate of registration of a
physician
assistant and
the physician assistant's practice in this state are automatically suspended
as of the date the physician assistant pleads guilty to, OR
is found by a judge
or jury to be guilty of, or is subject to a judicial finding of
eligibility for treatment in lieu of conviction for either ANY of
the
following:
(1) In this state, aggravated CRIMINAL OFFENSES IN THIS STATE OR A
SUBSTANTIALLY EQUIVALENT CRIMINAL OFFENSE IN ANOTHER JURISDICTION:
AGGRAVATED murder, murder, voluntary
manslaughter, felonious assault, kidnapping, rape, sexual
battery, gross sexual imposition, aggravated arson, aggravated
robbery, or aggravated burglary;
(2) In another jurisdiction, any criminal offense substantially equivalent
to those specified in division (G)(1) of this section. CONTINUED
Continued
practice after
the suspension
shall be considered practicing without a
certificate. The
THE board shall notify the individual subject to
the suspension by certified mail or in person in accordance with section
119.07 of the Revised Code. If an individual whose
certificate is suspended under this division fails to make a
timely request for an adjudicatory hearing
ADJUDICATION UNDER CHAPTER 119. of the Revised Code, the board shall enter
a final order PERMANENTLY revoking the INDIVIDUAL'S certificate
OF
REGISTRATION.
(H)(J) In any instance in which the board is required
by
Chapter 119. of the Revised Code to give notice of
opportunity for hearing and the applicant or certificate holder
INDIVIDUAL SUBJECT TO THE NOTICE does not timely request a hearing in
accordance with section
119.07 of the Revised Code, the board is not required
to hold a hearing, but may adopt, by a AN AFFIRMATIVE vote of
not fewer than
six of its members, a final order that contains the board's
findings. In that final order, the board may order any of the
sanctions identified under division (A) OR (B) of this
section.
(I)(K) Any action taken by the board under
division (B) of this section resulting in a suspension
shall be accompanied by a written statement of the
conditions under which the physician assistant ASSISTANT'S
CERTIFICATE may be reinstated. The board
shall adopt rules in accordance with
Chapter 119. of the Revised Code
governing conditions to be imposed for
reinstatement. Reinstatement of a certificate suspended pursuant
to division (B) of this section requires an affirmative
vote of not fewer than six members of the board.
(J) An individual's failure to renew a certificate of
registration as a physician assistant shall have no effect on the board's
jurisdiction to take any action under this section against the individual.
(K)(L) WHEN THE BOARD
REFUSES TO GRANT A CERTIFICATE OF REGISTRATION AS A
PHYSICIAN ASSISTANT TO AN APPLICANT,
REVOKES AN INDIVIDUAL'S CERTIFICATE
OF REGISTRATION, REFUSES TO ISSUE A CERTIFICATE OF REGISTRATION,
OR REFUSES TO REINSTATE AN INDIVIDUAL'S CERTIFICATE OF
REGISTRATION, THE BOARD MAY SPECIFY THAT ITS ACTION IS
PERMANENT. AN INDIVIDUAL SUBJECT TO A PERMANENT ACTION TAKEN BY
THE BOARD IS FOREVER THEREAFTER INELIGIBLE TO HOLD A CERTIFICATE
OF REGISTRATION AS A PHYSICIAN ASSISTANT AND THE BOARD SHALL NOT ACCEPT AN
APPLICATION FOR REINSTATEMENT OF THE CERTIFICATE OR FOR ISSUANCE
OF A NEW CERTIFICATE.
(M) Notwithstanding any other provision of the
Revised Code, ALL OF the FOLLOWING APPLY:
(1) THE surrender of a certificate of
registration as a physician assistant issued under this chapter
is not effective UNLESS OR until accepted by the board. Reinstatement
of
a certificate surrendered to the board requires an affirmative
vote of not fewer than six members of the board.
Notwithstanding any other provision of the
Revised Code, no (2) AN application made under this
chapter for a certificate of registration, approval of a standard
or supplemental utilization plan, or approval of a supervision
agreement may NOT be withdrawn without approval of the board.
(3) FAILURE BY AN INDIVIDUAL TO RENEW A CERTIFICATE
OF REGISTRATION IN ACCORDANCE WITH SECTION 4730.12 OF THE
REVISED CODE SHALL NOT REMOVE OR LIMIT THE BOARD'S
JURISDICTION TO TAKE DISCIPLINARY ACTION UNDER THIS SECTION AGAINST
THE INDIVIDUAL.
Sec. 4730.26. (A) The state medical board
shall investigate evidence that appears to show that any person
has violated this chapter or a rule adopted under it. Any person
may report to the board in a signed writing any information the
person has that appears to show a violation of any provision of
this chapter or rule adopted under it. In the absence of bad faith, a person
who reports such information or testifies before the board in an
adjudication hearing CONDUCTED UNDER CHAPTER 119. of the Revised Code
shall not be liable for civil damages as a
result of reporting the information or providing testimony.
EACH
Each complaint or allegation of a violation received by
the board shall be assigned a case number and be recorded by the
board. Information received by the board pursuant to an
investigation is confidential and not subject to discovery in any
civil action.
(B) Investigations of alleged violations of this chapter or
rules adopted under it shall be supervised by the supervising
member elected by the board in accordance with section 4731.02 of
the Revised Code and by the secretary as provided
in section 4730.33 of the Revised Code. The
president may designate another member of the board to supervise
the investigation in place of the supervising member. A member
of the board who supervises the investigation of a case shall
not participate in further adjudication of the case.
(C) In investigating a possible violation of this chapter or
a rule adopted under it, the board may administer oaths, order
the taking of depositions, issue subpoenas, and compel the
attendance of witnesses and production of books, accounts,
papers, records, documents, and testimony, except that a subpoena
for patient record information shall not be issued without
consultation with the attorney general's office and approval of
the secretary of the board, the AND supervising member, and a
member of the board who is authorized under Chapter
4731. of the Revised Code to
practice medicine and surgery, osteopathic medicine and surgery,
or podiatry. Before issuance of a subpoena FOR PATIENT RECORD
INFORMATION, the three board members SECRETARY AND SUPERVISING
MEMBER shall determine whether there is probable cause to
believe that the complaint filed alleges a violation of this
chapter or a rule adopted under it and that the records sought
are relevant to the alleged violation and material to the
investigation. The SUBPOENA MAY APPLY ONLY TO records must
THAT cover a reasonable period of
time surrounding the alleged violation. On
ON failure to comply
with any subpoena issued by the board and after reasonable notice
to the person being subpoenaed, the board may move for an order
compelling the production of persons or records pursuant to the
Rules of Civil Procedure. Each officer
A SUBPOENA ISSUED BY THE BOARD MAY BE SERVED BY A SHERIFF,
THE SHERIFF'S DEPUTY, OR A BOARD EMPLOYEE DESIGNATED BY THE
BOARD. SERVICE OF A
SUBPOENA ISSUED BY THE BOARD MAY BE MADE BY DELIVERING A COPY OF THE SUBPOENA
TO THE PERSON NAMED THEREIN, READING IT TO THE PERSON, OR LEAVING IT AT
THE PERSON'S USUAL PLACE OF RESIDENCE. WHEN THE PERSON BEING
SERVED IS A PHYSICIAN ASSISTANT, SERVICE OF THE SUBPOENA MAY BE
MADE BY CERTIFIED MAIL, RESTRICTED DELIVERY, RETURN RECEIPT
REQUESTED, AND THE SUBPOENA SHALL BE DEEMED SERVED ON THE DATE
DELIVERY IS MADE OR THE DATE THE PERSON REFUSES TO ACCEPT
DELIVERY.
A SHERIFF'S DEPUTY who serves such A subpoena shall
receive the same fees as a sheriff, and each. EACH
witness who appears before the board in obedience to a subpoena shall receive
the fees and mileage provided for witnesses in civil cases in the courts of
common pleas.
(D) All hearings and investigations of the board shall be
considered civil actions for the purposes of section 2305.251 of
the Revised Code.
(E) INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN
INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY CIVIL
ACTION.
The board shall conduct all investigations and
proceedings in such a manner as to protect patient THAT
PROTECTS THE confidentiality OF PATIENTS AND PERSONS WHO FILE
COMPLAINTS
WITH THE BOARD. The board shall not make public THE names
or ANY other identifying information about patients OR
COMPLAINANTS unless proper consent is given or, IN THE CASE OF A
PATIENT, a waiver of the patient privilege exists under division
(B) of section 2317.02 of the Revised
Code, except that consent or a waiver is not required
if the board possesses reliable and
substantial evidence that no
bona fide physician-patient relationship exists.
(B) THE BOARD MAY
SHARE ANY INFORMATION IT RECEIVES PURSUANT TO AN INVESTIGATION, INCLUDING
PATIENT RECORDS AND PATIENT RECORD INFORMATION, WITH OTHER LICENSING BOARDS
AND GOVERNMENTAL AGENCIES
THAT ARE INVESTIGATING ALLEGED PROFESSIONAL MISCONDUCT AND WITH LAW
ENFORCEMENT AGENCIES AND OTHER GOVERNMENTAL
AGENCIES THAT ARE INVESTIGATING OR PROSECUTING ALLEGED CRIMINAL OFFENSES. A
BOARD OR AGENCY THAT RECEIVES THE INFORMATION SHALL COMPLY WITH THE
SAME REQUIREMENTS REGARDING CONFIDENTIALITY AS THOSE WITH WHICH THE STATE
MEDICAL BOARD MUST COMPLY, NOTWITHSTANDING ANY CONFLICTING PROVISION of the Revised Code OR
PROCEDURE OF THE BOARD OR AGENCY THAT APPLIES WHEN THE BOARD OR AGENCY IS
DEALING WITH OTHER INFORMATION IN ITS POSSESSION. THE INFORMATION MAY
BE ADMITTED INTO EVIDENCE IN A CRIMINAL TRIAL IN ACCORDANCE WITH
THE RULES OF EVIDENCE, BUT THE COURT SHALL REQUIRE
THAT APPROPRIATE MEASURES ARE TAKEN TO ENSURE THAT CONFIDENTIALITY IS
MAINTAINED WITH RESPECT TO ANY PART OF THE INFORMATION THAT CONTAINS NAMES OR
OTHER IDENTIFYING INFORMATION ABOUT PATIENTS OR COMPLAINANTS WHOSE
CONFIDENTIALITY WAS PROTECTED BY THE STATE MEDICAL BOARD WHEN THE INFORMATION
WAS IN THE BOARD'S POSSESSION. MEASURES TO ENSURE CONFIDENTIALITY THAT MAY BE
TAKEN BY THE COURT
INCLUDE SEALING ITS RECORDS OR DELETING SPECIFIC INFORMATION FROM ITS
RECORDS.
(F) The state medical board shall develop
requirements for and provide appropriate initial and continuing
training for investigators employed by the board to carry out its
duties under this chapter. The training and continuing education
may include enrollment in courses operated or approved by the
Ohio peace officer training council that the board
considers appropriate under conditions set forth in section
109.79 of the Revised Code.
(C)(G) On a quarterly basis, the board shall
prepare a report that documents the disposition of all cases
during the preceding three months. The report shall contain the
following information for each case with which the board has
completed its activities:
(1) The case number assigned to the complaint or
alleged violation pursuant to division (A) of this
section;
(2) The type of certificate to practice, if any, held
by the individual against whom the complaint is directed;
(3) A description of the allegations contained in the
complaint;
(4) The disposition of the case.
The report shall state how many cases are still pending,
and shall be prepared in such a manner as to protect THAT
PROTECTS the identity
of each person involved in each case. The report shall be
submitted to the physician assistant policy committee of the board
and is a public record for purposes of section 149.43 of the Revised
Code.
Sec. 4730.27. If the state medical board has reason
to believe that any person who has been granted a certificate of
registration under this chapter is mentally ill or mentally
incompetent, it may file in the probate court of the county in
which such person has a legal residence an affidavit in the form
prescribed in section 5122.11 of the Revised Code
and signed by the board secretary or a member of the secretary's staff,
whereupon the same proceedings shall be had as provided in
Chapter 5122. of the Revised Code. The
attorney general may represent the board in any proceeding
commenced under this section.
If a physician assistant is
adjudged by a probate court to be mentally ill or mentally
incompetent, the individual's certificate of registration shall be
automatically suspended
until the individual has filed with the board a certified copy of an
adjudication by a probate court of being restored to
competency or has submitted to the board proof, satisfactory to
the board, of having been discharged as being restored to
competency in the manner and form provided in section 5122.38 of
the Revised Code. The judge of the court shall
immediately notify the board of an adjudication of incompetence
and note any suspension of a certificate in the margin of the
court's record of the certificate. In the absence of fraud or
bad faith, neither the board nor any member, agent,
representative, or employee of the board shall be held liable in
damages by any person by reason of the filing of the affidavit
referred to in this section.
Sec. 4730.31. (A) As used in this section,
"prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(B) Whenever any person holding a valid
certificate issued pursuant to this chapter pleads guilty to or
is convicted of, IS SUBJECT TO A JUDICIAL FINDING OF GUILT OF,
OR IS SUBJECT TO A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF
CONVICTION FOR a violation of Chapter 2907., 2925., or
3719. of the Revised Code or of any substantively
comparable ordinance of a municipal corporation in connection
with practicing as a physician assistant, the prosecutor in the case shall, on
forms
prescribed and provided by the state medical board, promptly
notify the board of the conviction. Within thirty days of
receipt of such information, the board shall initiate action in
accordance with Chapter 119. of the Revised
Code to determine whether to suspend or revoke the
certificate under section 4730.31 of the Revised
Code.
(C) The prosecutor in any case against any
person holding a valid certificate issued pursuant to this
chapter shall, on forms prescribed and provided by the state
medical board, notify the board of any of the following:
(1) A plea of guilty to, or a judicial finding of guilt
of, OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION
FOR a felony, or a case where the trial court issues an order of
dismissal upon technical or procedural grounds of a felony
charge;
(2) A plea of guilty to, or a judicial finding of guilt
of, OR JUDICIAL FINDING OR ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION
FOR a misdemeanor committed in the course of practice, or a case
where the trial court issues an order of dismissal upon technical
or procedural grounds of a charge of a misdemeanor, if the
alleged act was committed in the course of practice;
(3) A plea of guilty to, or a judicial finding of guilt
of, OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION
FOR a misdemeanor involving moral turpitude, or a case where the
trial court issues an order of dismissal upon technical or
procedural grounds of a charge of a misdemeanor involving moral
turpitude.
The report shall include the name and address of the
certificate holder, the nature of the offense for which the
action was taken, and the certified court documents recording the
action.
Sec. 4730.32. (A) Within sixty days after
the completion IMPOSITION of any formal disciplinary
procedure ACTION taken by any HEALTH CARE FACILITY, INCLUDING
A hospital, HEALTH CARE FACILITY OPERATED BY AN INSURING
CORPORATION, AMBULATORY SURGICAL CENTER, or other health
care SIMILAR facility, against any person
INDIVIDUAL holding a valid certificate of registration as a physician
assistant, the chief administrator or executive officer of the facility shall
report to the state medical board the name of the certificate holder
INDIVIDUAL, the action taken by the facility, and a summary of the
underlying facts leading to the action taken. Upon request, the board shall
be provided CERTIFIED copies of the patient records minus
patient identifiers which THAT were the basis for the facility's
action. Prior to release to the board, the summary shall be
approved by the peer review committee which THAT reviewed the
case or
by the governing board of the facility.
The filing or nonfiling of a report with the board OR DECISION NOT
TO FILE A REPORT, investigation by the board, or any disciplinary action
taken by the board, shall DOES not preclude a health care
facility from taking
disciplinary action against a physician assistant.
IN THE ABSENCE OF FRAUD OR BAD FAITH, NO INDIVIDUAL OR ENTITY THAT PROVIDES
PATIENT RECORDS TO THE BOARD SHALL BE LIABLE IN DAMAGES TO ANY
PERSON AS A RESULT OF PROVIDING THE RECORDS.
(B) Any A physician assistant, PROFESSIONAL ASSOCIATION
OR society of physician assistants,
physician, or PROFESSIONAL ASSOCIATION OR society of
physicians, OR HEALTH CARE FACILITY that believes a violation of
any provision of this chapter, Chapter 4731.
of the Revised Code, or rule of the
board has
occurred shall report to the board the information
upon which the belief is based. This division does not require
any person or organization that is a treatment provider approved
by the board under section 4731.25 of the Revised
Code or any employee, agent, or representative of such a
provider to make reports with respect to a physician assistant
participating in treatment or aftercare so FOR SUBSTANCE ABUSE
AS long as the physician
assistant maintains participation in accordance with the
requirements of section 4731.25 of the Revised
Code and the person TREATMENT PROVIDER or organization
EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE PROVIDER has no reason to
believe that the physician assistant has violated any
provision of this chapter or rule adopted under it, other than
being impaired by alcohol, drugs, or other substances. This
division does not require reporting by any member of an impaired
practitioner committee established by a hospital HEALTH CARE
FACILITY or by any representative or agent of a committee or program
sponsored by a
professional association OR SOCIETY of physician assistants to provide
peer
assistance to physician assistants with substance abuse problems
with respect to a physician assistant who has been referred for
examination to a treatment program approved by the board under
section 4731.25 of the Revised Code if the
physician assistant cooperates with the referral for examination
and with any determination that the physician assistant should enter treatment
and so AS
long as the committee member, representative, or agent has no
reason to believe that the physician assistant has ceased to
participate in the treatment program in accordance with section
4731.25 of the Revised Code or has violated any
provision of this chapter or rule adopted under it, other than
being impaired by alcohol, drugs, or other substances.
(C) Any professional ASSOCIATION OR society composed primarily
of physician assistants that suspends or revokes an individual's
membership in that society for violations of professional ethics,
or for reasons of professional incompetence or professional
malpractice, within sixty days after a final decision, shall
report to the board, on forms prescribed and provided by the
board, the name of the member INDIVIDUAL, the action taken by
the society PROFESSIONAL ORGANIZATION,
and a summary of the underlying facts leading to the action
taken.
The filing or nonfiling of a report with the board,
investigation by the board, or any disciplinary action taken by
the board, shall not preclude a professional society
ORGANIZATION from taking
disciplinary action against a physician assistant.
(D) Any insurer providing professional
liability insurance to any person holding a valid certificate of
registration as a physician assistant or any other entity that
seeks to indemnify the professional liability of a physician
assistant shall notify the board within thirty days after the
final disposition of any written claim for damages where such
disposition results in a payment exceeding twenty-five thousand
dollars. The notice shall contain the following information:
(1) The name and address of the person submitting the
notification;
(2) The name and address of the insured who is the
subject of the claim;
(3) The name of the person filing the written claim;
(4) The date of final disposition;
(5) If applicable, the identity of the court in which
the final disposition of the claim took place.
(E) On the basis of the reporting provisions in
this section, the THE board may investigate possible violations of
this chapter or the rules adopted under it. The board may also
investigate THAT ARE BROUGHT TO ITS ATTENTION AS A RESULT OF THE
REPORTING
REQUIREMENTS OF THIS SECTION, EXCEPT THAT THE BOARD SHALL
CONDUCT AN INVESTIGATION IF A POSSIBLE VIOLATION INVOLVES repeated
malpractice. As used in this division,
"repeated malpractice" means three or more claims for
malpractice within the previous A five-year period, each
resulting
in a judgment or settlement in excess of twenty-five thousand
dollars in favor of the claimant, and each involving negligent
conduct by the physician assistant.
(F) All summaries, reports, and records
received and maintained by the board pursuant to this section
shall be held in confidence and shall not be subject to discovery
or introduction in evidence in any federal or state civil action
involving a physician assistant, supervising physician, or health care
facility arising out of
matters that are the subject of such THE reporting to the
board REQUIRED BY THIS SECTION. The board may use the information
obtained only as the basis for
an investigation, as evidence in a disciplinary hearing against
a physician assistant or supervising physician, or in any subsequent trial or
appeal of a
board action or order.
The board may disclose the summaries and reports it
receives under this section only to health care facility committees
within or
outside this state that are involved in credentialing or recredentialing a
physician assistant or supervising physician or
reviewing their privilege to
practice within a particular facility. The board shall indicate
whether or not the information has been verified. Information
thus transmitted by the board shall be subject to the same
confidentiality provisions as when maintained by the board.
(G) Except for reports filed by an individual
pursuant to division (B) of this section, THE BOARD SHALL SEND a copy
of any reports or summaries received by the board IT RECEIVES
pursuant to this section shall be sent to the physician assistant by
the
board. The physician assistant shall have the right to file a
statement with the board concerning the correctness or relevance
of the information. Such THE statement shall at all times
accompany
that part of the record in contention.
(H) A person, health care facility,
association, society, AN INDIVIDUAL or insurer ENTITY
that reports to the board or
refers an impaired physician assistant to a treatment provider
approved by the board under section 4731.25 of the
Revised Code shall not be subject to suit for
civil damages as a result of the report, referral, or provision
of the information.
(I) In the absence of fraud or bad faith, a
professional association OR SOCIETY of physician assistants that
sponsors a
committee or program to provide peer assistance to a physician
assistant with substance abuse problems, a representative or
agent of such a committee or program, and a member of the state
medical board shall not be held liable in damages to any person by
reason of actions taken to refer a physician assistant to a
treatment provider approved under section 4731.25 of the
Revised Code for examination or treatment.
Sec. 4730.34. In the absence of fraud or bad faith,
neither the STATE MEDICAL board nor any, A
current or former BOARD member, AN agent OF THE BOARD,
A PERSON FORMALLY REQUESTED BY THE BOARD TO BE THE BOARD'S
representative, or AN employee of the board shall NOT be held
liable in
damages to any person as the result of any act, omission,
proceeding, conduct, or decision related to official duties
undertaken or performed pursuant to this chapter. If a current
or former member, agent, representative, or employee ANY SUCH
PERSON requests to be defended
by the
state against any claim or action arising out of
any act, omission, proceeding, conduct, or decision related to
the person's official duties, and if the request is made in
writing at a reasonable time before trial and the person
requesting defense cooperates in good faith in the defense of the
claim or action, the state shall provide and pay for such THE
PERSON'S defense and shall pay any resulting judgment, compromise, or
settlement. At no time shall the state pay that ANY part of a
claim or judgment which THAT is for punitive or exemplary
damages.
Sec. 4731.08. Except as provided in sections 4731.29 and 4731.291 to 4731.294
of the Revised Code, AND UNTIL NOVEMBER 15, 1998, IN SECTION
4731.295 of the Revised Code, each person who desires to practice medicine and
surgery
or osteopathic medicine and surgery in this state shall file with the
secretary
of the state medical board a written application for admission to the
examination conducted by the board under section 4731.13 of the Revised Code.
The applicant shall file the application under oath on a form prescribed by
the
board. The applicant shall furnish evidence satisfactory to the board that
he THE APPLICANT is more than eighteen years of age and of good
moral character.
Sec. 4731.13. Except as provided in sections 4731.29 and
4731.291 to 4731.294 of the Revised Code, AND UNTIL NOVEMBER 15,
1998, IN SECTION 4731.295 of the Revised Code, the state medical board
shall examine each individual who desires to practice medicine
and surgery or osteopathic medicine and surgery in this state.
The board shall conduct the examination of these individuals in
accordance with rules the board shall adopt. Each individual
shall be examined in such subjects as the board requires. The
board shall examine in subjects pertinent to current medical
educational standards.
The board may use as its examination all or part of a
standard medical licensing examination established for purposes
of determining the competence of individuals to practice medicine
and surgery or osteopathic medicine and surgery in the United
States.
Sec. 4731.142. (A) Except as provided in division
(C)(B) of
this section, an individual must demonstrate proficiency in
spoken English to receive a certificate TO PRACTICE issued under
section
4731.14 of the Revised Code if the individual's eligibility
for the
certificate is based in part on certification from the
educational commission for foreign medical graduates and fulfillment of
the undergraduate requirements established
by section
4731.09 of the Revised Code at an institution outside the United
States. The individual may demonstrate such proficiency only by
one of the following:
(1) Obtaining OBTAINING a score of fifty FORTY or
higher
on
the test of spoken English conducted by the educational testing
service;
(2) Obtaining a score of at least forty but
less
than fifty on the test of spoken English
conducted
by the educational testing service and being determined by the
state medical board, following an appearance before the board, to
be able to communicate adequately in spoken English for the
practice of medicine and surgery or osteopathic medicine and
surgery.
(B) At an individual's request, the board shall afford
the individual
subject to division (A)(2) of this section an opportunity to
appear before the board to demonstrate proficiency in spoken
English. The determination of whether the individual is able to
communicate adequately in spoken English shall be made by vote of
the majority of members present. The individual is not entitled
to appeal under Chapter 119. of the Revised Code a determination
by the board that the individual's ability to communicate in
spoken English is
not adequate for the practice of medicine and surgery or
osteopathic medicine and surgery.
(C) An individual is not required to demonstrate
proficiency in spoken English in accordance with division (A) of
this section if the individual was required to demonstrate
such proficiency
as a condition of certification from the educational
commission for foreign medical graduates.
Sec. 4731.15. (A)(1) The state medical board also shall
examine and register persons desiring to practice a limited
branch of medicine or surgery, and shall establish rules
governing such limited practice. Such REGULATE THE FOLLOWING
limited branches of
medicine or surgery are: massage THERAPY and cosmetic
therapy,
AND TO THE EXTENT SPECIFIED IN
SECTION 4731.151 of the Revised Code, NAPRAPATHY AND MECHANOTHERAPY. THE BOARD SHALL ADOPT
RULES GOVERNING THE LIMITED BRANCHES OF MEDICINE UNDER ITS JURISDICTION. THE
RULES SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. of the Revised Code.
(2) As used in this chapter:
(a) "Approved electric modalities" means electric
modalities approved by the state medical board for use in
cosmetic therapy.
(b), "Cosmetic COSMETIC therapy" means the
systematic friction,
stroking, slapping, and kneading or tapping to the face, neck,
scalp, or shoulders through the use of approved electric
modalities, and additionally may include the permanent removal of
hair from the human body through the use of approved electric
modalities
APPROVED BY THE BOARD FOR USE IN COSMETIC THERAPY, AND
ADDITIONALLY MAY INCLUDE THE SYSTEMATIC
FRICTION, STROKING, SLAPPING, AND KNEADING OR TAPPING OF THE
FACE, NECK, SCALP, OR SHOULDERS.
(c) "Cosmetic therapist" means a person who holds a
certificate to practice cosmetic therapy issued by the state
medical board under this chapter and who is registered with the
board under this chapter.
(B) All persons who hold a certificate to practice a
limited branch of medicine or surgery issued by the state medical
board, whether residents of this state or not, shall on or before
the first day of June 1983, and on or before the first day of
June every second year thereafter OF EACH ODD-NUMBERED YEAR,
register with the state
medical board on a form prescribed by the board and shall pay at
such time a biennial registration fee of fifty
dollars. At
least one month in advance of the date of registration, a written
notice that the biennial registration fee is due on or before the
first day of June shall be sent to each holder of a certificate
to practice a limited branch of medicine or surgery, at the
person's last known address. All persons who hold a certificate
to practice a limited branch of medicine or surgery issued by the
state medical board shall provide the board written notice of any
change of address. A
A certificate to practice a limited branch of
medicine or surgery shall be automatically suspended if the fee
is not paid by the first day of September of the year it is due,
and continued. CONTINUED practice after the suspension of
the certificate to
practice shall be considered as practicing without a license in
violation of sections 4731.34 and 4731.41 of the Revised Code.
An applicant for reinstatement of SUBJECT TO SECTION 4731.222 OF THE
REVISED CODE, THE BOARD SHALL REINSTATE a certificate to
practice
suspended for failure to register shall submit the applicant's current and
delinquent registration fees and a
ON AN APPLICANT'S PAYMENT OF THE BIENNIAL REGISTRATION
FEE AND THE APPLICABLE MONETARY PENALTY. WITH REGARD TO
REINSTATEMENT OF A CERTIFICATE TO PRACTICE COSMETIC THERAPY, THE
APPLICANT ALSO SHALL SUBMIT WITH THE APPLICATION A CERTIFICATION
THAT THE NUMBER OF HOURS OF CONTINUING EDUCATION NECESSARY TO
HAVE A SUSPENDED CERTIFICATE REINSTATED HAVE BEEN COMPLETED, AS
SPECIFIED IN RULES THE BOARD SHALL ADOPT IN ACCORDANCE WITH
CHAPTER 119. OF THE
REVISED
CODE. THE
penalty of FOR REINSTATEMENT SHALL BE twenty-five dollars
IF THE CERTIFICATE HAS BEEN SUSPENDED FOR TWO YEARS OR LESS
AND FIFTY DOLLARS IF THE CERTIFICATE HAS BEEN SUSPENDED FOR MORE
THAN TWO YEARS.
Sec. 4731.151. (A) Notwithstanding the provisions of
section 4731.15 of the Revised Code specifying the types of
limited branches of medicine or surgery to be examined and
registered by the state medical board, naprapaths NAPRAPATHS who
received a certificate to practice from the board prior to March 2, 1992,
may continue to practice naprapathy, as defined in rules adopted
by the board. Such naprapaths shall practice in accordance with
rules adopted by the board.
(B)(1) As used in this division:
(a) "Mechanotherapy" means all of the following:
(i) Examining patients by verbal inquiry;
(ii) Examination of the musculoskeletal system by hand;
(iii) Visual inspection and observation;
(iv) Diagnosing a patient's condition only as to whether
the patient has a disorder of the musculoskeletal system;
(v) In the treatment of patients, employing the techniques
of advised or supervised exercise; electrical neuromuscular
stimulation; massage or manipulation; or air, water, heat, cold,
sound, or infrared ray therapy only to those disorders of the
musculoskeletal system that are amenable to treatment by such
techniques and that are identifiable by examination performed in
accordance with division (B)(1)(a)(i) of this section and
diagnosable in accordance with division (B)(1)(a)(ii) of this
section.
(b) "Educational requirements" means the completion of a
course of study appropriate for certification to practice
mechanotherapy on or before November 3, 1985, as determined by
rules adopted under this chapter.
(2) Notwithstanding the provisions of section 4731.15 of
the Revised Code specifying the types of limited branches of
medicine or surgery to be examined and registered by the board,
mechanotherapists MECHANOTHERAPISTS who received a certificate to
practice from the board prior to March 2, 1992, may continue to practice
mechanotherapy, as defined in rules adopted by the board. Such
mechanotherapists shall practice in accordance with rules adopted
by the board.
A person authorized by this division to practice as a
mechanotherapist may examine, diagnose, and assume responsibility
for the care of patients with due regard for first aid and the
hygienic and nutritional care of the patients. Roentgen rays
shall be used by a mechanotherapist only for diagnostic purposes.
(3) A person who holds a certificate to practice
mechanotherapy and completed educational requirements in
mechanotherapy on or before November 3, 1985, is entitled to use
the title "doctor of mechanotherapy" and is a "physician" who
performs "medical services" for the purposes of Chapters 4121.
and 4123. of the Revised Code and the program established under
section 5111.01 of the Revised Code, and shall receive payment or
reimbursement as provided under those chapters and that section.
(C) Rules adopted under this section shall be adopted in
accordance with Chapter 119. of the Revised Code.
Sec. 4731.16. The examination STATE MEDICAL BOARD SHALL CONDUCT
EXAMINATIONS of all applicants for certification to
practice a THE limited branch BRANCHES of medicine
or surgery OF MASSAGE THERAPY AND COSMETIC THERAPY. THE
EXAMINATIONS shall be conducted under rules prescribed
ADOPTED by the state medical board and at such times
and places as the board
may determine. Such THE FEE FOR EITHER EXAMINATION IS TWO HUNDRED
FIFTY DOLLARS.
FOR THE PURPOSE OF CONDUCTING EXAMINATIONS, THE
BOARD MAY CALL TO ITS AID ANY PERSON OF ESTABLISHED REPUTATION AND
KNOWN ABILITY IN THE LIMITED BRANCH OF MEDICINE FOR WHICH THE
EXAMINATION IS BEING HELD. A PERSON CALLED TO ASSIST IN AN
EXAMINATION SHALL BE REIMBURSED FOR THE PERSON'S SERVICES.
REIMBURSEMENT SHALL BE NOT MORE THAN ONE HUNDRED DOLLARS PER DAY
AND AN AMOUNT FIXED AND ALLOWED BY THE BOARD FOR THE PERSON'S
ACTUAL AND NECESSARY EXPENSES.
EACH examination shall be given in
anatomy, physiology,
chemistry, bacteriology, pathology, hygiene, diagnosis, and in such
ANY other
subjects appropriate to the limited branches BRANCH of medicine
or surgery for which
certification is requested as the board may require.
Applicants, EXCEPT THAT APPLICANTS for certificates to
practice massage or Swedish movement THERAPY shall not be
examined in pathology and diagnosis.
IF AN APPLICANT FAILS AN EXAMINATION MORE THAN TWICE,
IN WHOLE OR IN PART, THE BOARD MAY REQUIRE THAT THE APPLICANT
OBTAIN ADDITIONAL TRAINING AS A CONDITION OF BEING ELIGIBLE
FOR FURTHER EXAMINATION.
Sec. 4731.17. For the purpose of conducting examinations
provided for in sections 4731.15 and 4731.16 of the Revised Code,
the state medical board shall call to its aid any person of
established reputation and known ability in the particular
limited branch in which the examination is being held. Any
person called by the board to its aid, as provided in this
section, shall be reimbursed for the person's services not
more than one hundred dollars per day and the person's
actual and necessary expenses to be fixed and allowed by the board.
If the AN applicant passes such THE examination
TO PRACTICE MASSAGE THERAPY OR COSMETIC THERAPY CONDUCTED UNDER SECTION
4731.16 of the Revised Code and has paid the
fee of two hundred fifty dollars REQUIRED UNDER THAT SECTION,
the STATE MEDICAL board shall issue its TO THE APPLICANT THE
APPROPRIATE certificate
to that effect PRACTICE. Such certificate shall authorize the
holder
thereof to practice such THE limited branch of medicine or
surgery as
may be specified therein, but shall not permit the holder to
practice any other LIMITED branch of medicine or surgery, nor
shall it permit
the holder to treat infectious, contagious, or venereal diseases, or to
prescribe or administer drugs, or to perform surgery OR PRACTICE MEDICINE
IN ANY OTHER FORM.
Sec. 4731.18. The state medical board may dispense with the examination of
applicants for limited certificates to practice a THE
limited branch BRANCHES of medicine or
surgery upon OF MASSAGE THERAPY AND COSMETIC THERAPY IN the same
reciprocal conditions with respect to such limited branches as are provided
in MANNER THAT CERTIFICATES ARE
ISSUED UNDER section 4731.29 of the Revised Code with respect to
physicians and surgeons generally TO INDIVIDUALS TO PRACTICE MEDICINE
AND SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY. In such cases the
state medical THE board shall MAY recognize
ANY national examining boards of the appropriate limited
branches of
medicine.
Sec. 4731.19. The state medical board shall determine the
standing of the
schools, colleges, or institutions giving instruction in THE limited
branches of medicine or surgery OF MASSAGE THERAPY AND COSMETIC
THERAPY. If there shall at any time be such schools,
colleges, or
institutions giving instruction in such limited branches, the
applicant for a
certificate to practice a limited branch of medicine or surgery
shall, as a
condition of admission to the examination, produce a diploma or
certificate
from a school, college, or institution in good standing as
determined by the
board, showing the completion of the required courses of
instruction.
The entrance examiner of the board shall determine the sufficiency of the
preliminary education of applicants for such limited certificate as is
provided in A CERTIFICATE TO PRACTICE MASSAGE THERAPY OR COSMETIC
THERAPY IN THE SAME MANNER THAT SUFFICIENCY OF PRELIMINARY EDUCATION IS
DETERMINED
UNDER section 4731.09 of the Revised Code. The, EXCEPT
THAT THE board may adopt rules defining and
establishing for any THE limited branch of medicine or
surgery such preliminary educational requirements, THAT ARE
less exacting than those prescribed by such section, as the nature of the case
may require.
Sec. 4731.20. Sections 4731.07, 4731.08, and 4731.14 to 4731.26 of the
Revised Code shall govern THE POWERS AND DUTIES CONFERRED BY THIS
CHAPTER ON the state medical board, INCLUDING all of the
BOARD'S officers mentioned therein, and the applicants for
and recipients of limited certificates to practice a limited branch of
medicine or surgery. In addition to
FOR PURPOSES OF REGULATING THE PRACTICES OF MEDICINE AND SURGERY,
OSTEOPATHIC MEDICINE AND SURGERY, AND PODIATRY, SHALL APPLY IN THE SAME
MANNER, WITH ANY MODIFICATIONS THE BOARD CONSIDERS NECESSARY, FOR PURPOSES OF
REGULATING THE PRACTICES OF LIMITED BRANCHES OF MEDICINE, INCLUDING the
power of the board to revoke and
suspend certificates provided for in
TAKE DISCIPLINARY ACTIONS UNDER section 2301.373 or 4731.22 of
the Revised Code it may also revoke or
suspend the certificate of any one to whom a limited certificate has been
issued upon proof of violation of the rules established by the board governing
such limited practice.
Sec. 4731.22. (A) The state medical board, pursuant to an
adjudication under Chapter 119. of the Revised Code and
by a AN AFFIRMATIVE vote of not fewer than six of its members,
may revoke or may
refuse to grant a certificate to a person found by the board to
have committed fraud in passing DURING THE ADMINISTRATION OF the
examination FOR A CERTIFICATE TO PRACTICE or to have
committed fraud, misrepresentation, or deception in applying for
or securing any license or certificate TO PRACTICE OR CERTIFICATE OF
REGISTRATION issued by the board.
(B) The board, pursuant to an adjudication under
Chapter 119. of the Revised Code and by a AN AFFIRMATIVE
vote of not fewer than
six members, shall, to the extent permitted by law, limit,
revoke, or suspend a AN INDIVIDUAL'S certificate TO
PRACTICE, refuse to register or AN INDIVIDUAL, refuse
to
reinstate an applicant A CERTIFICATE, or reprimand or place on
probation the
holder of a certificate for one or more of the following reasons:
(1) Permitting one's name or one's CERTIFICATE TO PRACTICE OR
certificate of
registration to be used by a person, group, or corporation when
the individual concerned is not actually directing the treatment
given;
(2) Failure to use reasonable care discrimination in MAINTAIN
MINIMAL STANDARDS APPLICABLE TO the
SELECTION OR administration of drugs, or failure to employ acceptable
scientific methods in the selection of drugs or other modalities
for treatment of disease;
(3) Selling, prescribing, giving away, or administering
drugs for other than legal and legitimate therapeutic purposes or
a plea of guilty to, or a judicial finding of guilt of, OR A
JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION
OF, a
violation of any federal or state law regulating the possession,
distribution, or use of any drug;
(4) Willfully betraying a professional confidence. For
FOR purposes of this division, "willfully betraying a professional
confidence" does not include the making of a report of an
employee's use of a drug of abuse, or a report of a condition of
an employee other than one involving the use of a drug of abuse,
to the employer of the employee as described in division (B) of
section 2305.33 of the Revised Code, and nothing.
NOTHING in this division
affects the immunity from
civil liability conferred by that section upon a physician who
makes either type of report in accordance with division (B) of
that section. As used in this division, "employee," "employer,"
and "physician" have the same meanings as in section 2305.33 of
the Revised Code.
(5) Soliciting patients or publishing MAKING a false,
fraudulent,
deceptive, or misleading statement
IN THE SOLICITATION OF OR ADVERTISING
FOR PATIENTS; IN RELATION
TO THE PRACTICE OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE
AND SURGERY, PODIATRY, OR A LIMITED BRANCH OF MEDICINE;
OR IN SECURING OR ATTEMPTING TO SECURE ANY CERTIFICATE
TO PRACTICE OR CERTIFICATE OF REGISTRATION ISSUED BY THE BOARD.
As used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive
because of a failure to disclose material facts, is intended or
is likely to create false or unjustified expectations of
favorable results, or includes representations or implications
that in reasonable probability will cause an ordinarily prudent
person to misunderstand or be deceived.
(6) A departure from, or the failure to conform to,
minimal standards of care of similar practitioners under the same
or similar circumstances, whether or not actual injury to a
patient is established;
(7) Representing, with the purpose of obtaining
compensation or other advantage for self AS PERSONAL GAIN or for
any other
person, that an incurable disease or injury, or other incurable
condition, can be permanently cured;
(8) The obtaining of, or attempting to obtain, money or
anything of value by fraudulent misrepresentations in the course
of practice;
(9) A plea of guilty to, or a judicial finding of guilt
of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF
CONVICTION FOR, a felony;
(10) Commission of an act that constitutes a felony in
this state, regardless of the jurisdiction in which the act was
committed;
(11) A plea of guilty to, or a judicial finding of guilt
of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF
CONVICTION FOR, a misdemeanor committed in the course of practice;
(12) Commission of an act IN THE COURSE OF PRACTICE that constitutes a
misdemeanor
in this state, regardless of the jurisdiction in which the act was
committed, if the act was committed in the course of practice;
(13) A plea of guilty to, or a judicial finding of guilt
of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF
CONVICTION FOR, a misdemeanor involving moral turpitude;
(14) Commission of an act INVOLVING MORAL TURPITUDE that constitutes a
misdemeanor
in this state, regardless of the jurisdiction in which the act was
committed, if the act involves moral turpitude;
(15) Violation of the conditions of limitation placed by
the board upon a certificate to practice or violation of the
conditions of limitation upon which a limited or temporary
registration or certificate to practice is issued;
(16) Failure to pay license renewal fees specified in this
chapter;
(17) Engaging in the division of fees
for referral of patients, or
the
receiving of a thing of value in return for a specific referral of a patient
to utilize a particular service or business;
(18)(a) Subject to section 4731.226 of the Revised Code, violation of
any provision of a code of ethics
of the American medical association, the American osteopathic
association, the American podiatric medical association, or any
other national professional organizations as are determined, THAT
THE BOARD SPECIFIES by
rule, by the state medical board. The state medical board shall
obtain and keep on file current copies of the codes of ethics of
the various national professional organizations. The
practitioner INDIVIDUAL whose certificate is being suspended or
revoked
shall not be found to have violated any provision of a code of
ethics of an organization not appropriate to the practitioner's
INDIVIDUAL'S profession.
(b) For purposes of this division, a "provision of a code
of ethics of a national professional organization" does not
include any provision of a code of ethics of a specified national
professional organization that would preclude the making of a
report by a physician of an employee's use of a drug of abuse, or
of a condition of an employee other than one involving the use of
a drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code, and
nothing. NOTHING
in this division affects the
immunity from civil liability conferred by that section upon a
physician who makes either type of report in accordance with
division (B) of that section. As used in this division,
"employee," "employer," and "physician" have the same meanings as
in section 2305.33 of the Revised Code.
(19) Inability to practice according to acceptable and
prevailing standards of care by reason of mental illness or
physical illness, including, but not limited to, physical
deterioration that adversely affects cognitive, motor, or
perceptive skills. In
IN enforcing this division, the board, upon a
showing of a possible violation, may compel any individual
licensed or certified AUTHORIZED to practice by this chapter or
who has
applied for licensure or certification SUBMITTED AN APPLICATION
pursuant to this chapter
to submit to a mental or EXAMINATION, physical
examination, INCLUDING AN HIV TEST, or both, as
required by and at the expense of the board A MENTAL AND A PHYSICAL
EXAMINATION. THE EXPENSE OF THE
EXAMINATION IS THE RESPONSIBILITY OF THE INDIVIDUAL COMPELLED TO BE
EXAMINED. Failure of any
individual to submit to a mental or physical examination when
directed OR CONSENT TO AN HIV TEST ORDERED BY THE BOARD
constitutes an admission of the allegations against the
individual
unless the failure is due to circumstances beyond the individual's control,
and a default and final order may be entered without the taking
of testimony or presentation of evidence. If the board finds a
physician AN INDIVIDUAL unable to practice because of the reasons
set forth in
this division, the board shall require the physician INDIVIDUAL
to submit to
care, counseling, or treatment by physicians approved or
designated by the board, as a condition for initial, continued,
reinstated, or renewed licensure AUTHORITY to practice. An
individual
licensed by this chapter affected under this division shall be
afforded an opportunity to demonstrate to the board that the individual
can THE ABILITY TO
resume practice in compliance with acceptable and prevailing
standards under the provisions of the individual's certificate.
For the
purpose of this division, any individual licensed or certified WHO
APPLIES FOR OR RECEIVES A CERTIFICATE to
practice by UNDER this chapter accepts the privilege of
practicing in
this state and, by so doing or by the making and filing of a
registration or application to practice in this state, shall be
deemed to have given consent to submit to a mental or
physical examination when directed to do so in writing by the
board, and to have waived all objections to the admissibility of
testimony or examination reports that constitute a privileged
communication.
(20) Except as provided in division (B)(27) of this
section and WHEN CIVIL PENALTIES ARE IMPOSED UNDER section 4731.225
OR 4731.281 of the Revised Code, and subject to section
4731.226 of the Revised Code, violating or
attempting to violate, directly or indirectly, or assisting in or
abetting the violation of, or conspiring to violate, any
provisions of this chapter or any rule promulgated by the board.
This
THIS division does not apply to a violation or attempted
violation of, assisting in or abetting the violation of, or a
conspiracy to violate, any provision of this chapter or any rule
promulgated ADOPTED by the board that would preclude the making
of a
report by a physician of an employee's use of a drug of abuse, or
of a condition of an employee other than one involving the use of
a drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code, and
nothing. NOTHING
in this division affects the
immunity from civil liability conferred by that section upon a
physician who makes either type of report in accordance with
division (B) of that section. As used in this division,
"employee," "employer," and "physician" have the same meanings as
in section 2305.33 of the Revised Code.
(21) The violation of any abortion rule adopted by the
public health council pursuant to section 3701.341 of the Revised
Code;
(22) The
ANY OF THE FOLLOWING ACTIONS TAKEN BY THE STATE AGENCY
RESPONSIBLE FOR REGULATING THE PRACTICE OF MEDICINE AND SURGERY, OSTEOPATHIC
MEDICINE AND SURGERY, PODIATRY, OR THE LIMITED BRANCHES OF MEDICINE IN
ANOTHER STATE, FOR ANY REASON OTHER THAN THE NONPAYMENT OF FEES:
THE
limitation, revocation, or suspension by another
state of a AN INDIVIDUAL'S license or certificate to
practice issued by the
proper licensing authority of that state, the; ACCEPTANCE OF AN
INDIVIDUAL'S LICENSE SURRENDER; DENIAL OF A LICENSE; refusal to
license,
register, RENEW or reinstate an applicant by that authority,
the
A LICENSE; imposition of probation by that
authority,; or the
issuance of an order of censure or other reprimand by that authority for
any reason, other than
nonpayment of fees;
(23) The violation of section 2919.12 of the Revised Code
or the performance or inducement of an abortion upon a pregnant
woman with actual knowledge that the conditions specified in
division (B) of section 2317.56 of the Revised Code have not been
satisfied or with a heedless indifference as to whether those
conditions have been satisfied, unless an affirmative defense as
specified in division (H)(2) of that section would apply in a
civil action authorized by division (H)(1) of that section;
(24) The revocation, suspension, restriction, reduction,
or termination of clinical privileges by the UNITED
STATES department of
defense, or the DEPARTMENT OF veterans administration
of the United States, for
any act or acts that also would constitute a violation of
this chapter
AFFAIRS OR THE TERMINATION OR SUSPENSION OF A CERTIFICATE OF
REGISTRATION TO PRESCRIBE DRUGS BY THE DRUG ENFORCEMENT
ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF
JUSTICE;
(25) Termination or suspension from PARTICIPATION IN THE medicare or
medicaid
programs by the department of health and human services or other
responsible agency for any act or acts that also would
constitute a violation of division (B)(2), (3), (6), (8), or (19)
of this section;
(26) Impairment of ability to practice according to
acceptable and prevailing standards of care because of habitual
or excessive use or abuse of drugs, alcohol, or other substances
that impair ability to practice.
For the purposes of this division, any individual licensed
or certified under AUTHORIZED TO PRACTICE BY this chapter accepts
the privilege of
practicing in this state subject to supervision by the board. By
filing a registration or AN application for licensure or
by holding a
license or certificate TO PRACTICE under this chapter, an
individual shall
be deemed to have given consent to submit to a mental or
physical examination when ordered to do so by the board in
writing, and to have waived all objections to the admissibility
of testimony or examination reports that constitute privileged
communications.
If it has reason to believe that any individual licensed or
certified under AUTHORIZED TO PRACTICE BY this chapter or any
applicant for a license or
certification TO PRACTICE suffers such impairment, the board may compel
the
individual to submit to a mental or physical examination, or
both. The EXPENSE OF THE examination shall be at IS the
expense RESPONSIBILITY of the board INDIVIDUAL
COMPELLED TO BE EXAMINED. Any
mental or physical examination required under this division shall
be undertaken by a treatment provider or physician who is qualified to
conduct the examination and who is chosen by the
board.
Failure of the individual to submit to a mental or physical
examination ordered by the board constitutes an admission of the
allegations against the individual unless the failure is due to
circumstances beyond the individual's control, and a default and
final order may be entered without the taking of testimony or
presentation of evidence. If the board determines that the
individual's ability to practice is impaired, the board shall
suspend the individual's certificate or deny the
individual's application and shall require
the individual, as a condition for initial, continued,
reinstated, or renewed licensure CERTIFICATION to practice, to
submit to
treatment.
Before being eligible to apply for reinstatement of a
license CERTIFICATE suspended under this division, the
IMPAIRED practitioner shall
demonstrate to the board that the practitioner can ABILITY
TO resume practice in
compliance with acceptable and prevailing standards of care under
the provisions of the practitioner's certificate. The
demonstration shall
include, but shall not be limited to, the following:
(a) Certification from a treatment provider approved under
section 4731.25 of the Revised Code that the practitioner
INDIVIDUAL has
successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an
aftercare contract or consent agreement;
(c) Two written reports indicating that the individual's
ability to practice has been assessed and that the individual has
been found capable of practicing according to acceptable and prevailing
standards of care. The reports shall be made by individuals or
providers approved by the board for making the assessments and
shall describe the basis for this THEIR determination.
The board may reinstate a license CERTIFICATE suspended under
this
division after that demonstration and after the individual has
entered into a written consent agreement.
When the impaired practitioner resumes practice after
reinstatement of the practitioner's license, the board shall
require continued
monitoring of the practitioner, which INDIVIDUAL. THE
MONITORING shall include, but not be
limited to, compliance with the written consent agreement entered
into before reinstatement or with conditions imposed by board
order after a hearing, and, upon termination of the consent
agreement, submission to the board for at least two years of
annual written progress reports made under penalty of perjury
stating whether the practitioner INDIVIDUAL has maintained
sobriety.
(27) A second or subsequent violation of section 4731.66
or 4731.69 of the Revised Code;
(28) Except as provided in division (J)(N) of this section:
(a) Waiving the payment of all or any part of a
deductible or copayment that a patient, pursuant to a health
insurance or health care policy, contract, or plan that covers
the practitioner's INDIVIDUAL'S services, otherwise would be
required
to pay if the waiver is used as an enticement to a patient or group of
patients to receive health care services from that provider
INDIVIDUAL;
(b) Advertising that the practitioner INDIVIDUAL will waive the
payment of all or
any part of a deductible or copayment that a patient, pursuant to
a health insurance or health care policy, contract, or plan that
covers the practitioner's INDIVIDUAL'S services, otherwise would
be
required to pay.
(29) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4731.051
of the Revised Code;
(30) Failure of a collaborating physician to perform
the responsibilities agreed to by the
physician in the protocol
established between the physician and an advanced practice nurse
in accordance with section 4723.56 of the Revised Code;
(31) Failure to provide notice to, and receive
acknowledgment of the
notice from, a patient when required by section 4731.143 of the Revised Code
prior to providing nonemergency professional services, or failure to maintain
that notice in the patient's file;
(32) Failure of a physician supervising a physician assistant to
maintain supervision in accordance with the requirements of Chapter
4730. of the Revised Code and the rules adopted under that chapter;
(33) Failure of a physician or podiatrist to maintain a standard care
arrangement with a clinical nurse specialist, certified nurse-midwife, or
certified nurse practitioner with whom the physician or podiatrist is in
collaboration pursuant to section 4731.27 of the Revised Code and practice in
accordance with
the arrangement;
(34) FAILURE TO COOPERATE IN AN INVESTIGATION CONDUCTED BY
THE BOARD UNDER DIVISION (F) OF THIS SECTION, INCLUDING
FAILURE TO COMPLY WITH A SUBPOENA OR ORDER ISSUED BY THE BOARD
OR FAILURE TO ANSWER TRUTHFULLY A QUESTION PRESENTED BY THE
BOARD AT A DEPOSITION OR IN WRITTEN INTERROGATORIES, EXCEPT THAT
FAILURE TO COOPERATE WITH AN INVESTIGATION SHALL NOT CONSTITUTE
GROUNDS FOR DISCIPLINE UNDER THIS SECTION IF A COURT OF
COMPETENT JURISDICTION HAS ISSUED AN ORDER THAT EITHER QUASHES A
SUBPOENA OR PERMITS THE INDIVIDUAL TO WITHHOLD THE TESTIMONY OR
EVIDENCE IN ISSUE.
(C) DISCIPLINARY ACTIONS TAKEN BY THE BOARD UNDER DIVISIONS
(A) AND (B) OF THIS SECTION SHALL BE TAKEN PURSUANT TO AN
ADJUDICATION UNDER CHAPTER 119. of the Revised Code, EXCEPT THAT IN LIEU OF AN
ADJUDICATION, THE BOARD MAY ENTER INTO A CONSENT AGREEMENT WITH AN
INDIVIDUAL TO RESOLVE AN ALLEGATION OF A VIOLATION OF THIS CHAPTER OR ANY RULE
ADOPTED UNDER IT. A CONSENT AGREEMENT, WHEN RATIFIED BY AN
AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS OF THE BOARD,
SHALL CONSTITUTE THE FINDINGS AND ORDER OF THE BOARD WITH
RESPECT TO THE MATTER ADDRESSED IN THE AGREEMENT. IF THE BOARD
REFUSES TO RATIFY A CONSENT AGREEMENT, THE ADMISSIONS AND
FINDINGS CONTAINED IN THE CONSENT AGREEMENT SHALL BE OF NO FORCE
OR EFFECT.
(D) For purposes of divisions (B)(10), (12), and (14) of this
section, the commission of the act may be established by a
finding by the board, pursuant to an adjudication under
Chapter 119. of the Revised Code, that the applicant or
certificate holder INDIVIDUAL committed the act. The board
does not have jurisdiction under those divisions if
the trial court renders a final judgment in the certificate
holder's INDIVIDUAL'S favor and that judgment is based upon an
adjudication on
the merits. The board has jurisdiction under those
divisions if the trial court issues an order of
dismissal upon technical or procedural grounds.
(E) The sealing of conviction records shall have no effect upon
a prior board order entered under this section
or upon the board's jurisdiction to take action under this section if a
notice
of an opportunity for a hearing
has been issued, based upon a conviction, plea of guilty,
or A
judicial finding of guilt prior to the court order, OR A
JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN
LIEU OF CONVICTION, THE BOARD ISSUED A NOTICE OF OPPORTUNITY FOR
HEARING PRIOR TO THE COURT'S ORDER TO SEAL THE RECORDS. THE
BOARD SHALL NOT BE REQUIRED TO SEAL, DESTROY, REDACT, OR
OTHERWISE MODIFY ITS RECORDS TO REFLECT THE COURT'S SEALING OF
CONVICTION RECORDS.
(C)(F)(1) The board shall investigate evidence that appears
to show that any A person has violated any provision of this
chapter or any rule adopted under it. Any person may report to the board
in a signed writing
any information that the person may have that appears to show a
violation of any provision of this chapter or any rule
adopted under it. In the absence of bad
faith, any person who reports information of that nature or who testifies
before the board in any adjudication hearing conducted under
Chapter 119. of the Revised Code shall not be liable
in damages in a civil action as a result of the report or
testimony. EACH
Each complaint or allegation of a violation received by the
board shall be assigned a case number and shall be recorded by
the board. Information received by the board pursuant to an
investigation shall be confidential and not subject to discovery
in any civil action.
(2) Investigations of alleged violations of this chapter or any rule
adopted under it shall
be supervised by the supervising member elected by the board in
accordance with section 4731.02 of the Revised Code and by the
secretary as provided in section 4731.39 of the Revised Code. The president
may designate another member of the board to
supervise the investigation in place of the supervising member. No member of
the board who supervises the investigation of a case
shall participate in further adjudication of the case.
For the purpose of investigation of (3) IN
INVESTIGATING a possible violation of
division (B)(3), (8), (9), (11), or (15) of this section, the
board may administer oaths, order the taking of depositions,
issue subpoenas, and compel the attendance of witnesses and
production of books, accounts, papers, records, documents, and
testimony.
In investigating possible violations of all remaining
divisions of this section and sections of this chapter or any rule adopted
under this chapter, the board
also may administer oaths, order the taking of depositions, issue
subpoenas, and compel the attendance of witnesses and production
of books, accounts, papers, records, documents, and testimony.
However, in those instances WHEN ISSUING A SUBPOENA FOR PATIENT
RECORD INFORMATION, other than for patient records
provided to the board pursuant to the reporting provisions of
division (A) of section 4731.224 of the Revised Code, a THE
subpoena
for patient record information shall not be issued without
consultation with the attorney general's office and approval of
the secretary of the board, the AND supervising member, and a
member
of the board who holds a certificate issued under
this chapter authorizing the practice of medicine and
surgery, osteopathic
medicine and surgery, or podiatry. Before issuance of a
subpoena of that nature FOR PATIENT RECORD INFORMATION, the
three board members SECRETARY AND SUPERVISING MEMBER shall
determine
whether there is probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that the records
sought are relevant
to the alleged violation and material to the investigation. Those
THE SUBPOENA MAY APPLY ONLY TO records must THAT cover a
reasonable period of time surrounding the
alleged violation. Upon
ON failure to comply with any subpoena
issued by the board and after reasonable notice to the person
being subpoenaed, the board may move for an order compelling the
production of persons or records pursuant to the Rules of Civil
Procedure. Each officer
A SUBPOENA ISSUED BY THE BOARD MAY BE SERVED BY A SHERIFF,
THE SHERIFF'S DEPUTY, OR A BOARD EMPLOYEE DESIGNATED BY THE
BOARD. SERVICE OF A SUBPOENA ISSUED BY THE BOARD MAY BE
MADE BY DELIVERING A COPY OF THE SUBPOENA TO THE
PERSON NAMED THEREIN, READING IT TO THE PERSON, OR LEAVING IT AT
THE PERSON'S USUAL PLACE OF RESIDENCE. WHEN THE PERSON BEING
SERVED IS A PERSON WHOSE PRACTICE IS AUTHORIZED BY THIS CHAPTER,
SERVICE OF THE SUBPOENA MAY BE MADE BY CERTIFIED MAIL,
RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED, AND THE SUBPOENA
SHALL BE DEEMED SERVED ON THE DATE DELIVERY IS MADE OR THE DATE
THE PERSON REFUSES TO ACCEPT DELIVERY.
A SHERIFF'S DEPUTY
who serves a subpoena of that
nature shall receive the same fees as a sheriff, and each.
EACH witness who
appears, BEFORE THE BOARD in
obedience to a subpoena, before the board, shall receive the fees
and mileage provided for witnesses in civil cases in the courts
of common pleas.
(4) All hearings and investigations of the board shall be
considered civil actions for the purposes of section 2305.251 of
the Revised Code.
(5) INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN
INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY CIVIL
ACTION.
The board shall conduct all investigations and proceedings
in a manner that protects patient THE
confidentiality OF PATIENTS AND PERSONS WHO FILE COMPLAINTS WITH THE
BOARD. The
board shall not make public THE names or ANY other identifying
information about patients OR COMPLAINANTS unless proper consent is
given or, IN THE CASE OF A PATIENT, a
waiver of the patient privilege exists under division (B) of
section 2317.02 of the Revised Code, except that no consent
or A waiver of that nature is NOT required if the board
possesses reliable and
substantial evidence that no bona fide physician-patient
relationship exists.
(2) In the absence of fraud or bad faith, neither the
board, nor any current or former member, agent, representative, or
employee of the board, nor any provider of educational and
assessment services selected by the board for the quality intervention
program shall be held liable in damages to any
person as the result of any act, omission, proceeding, conduct,
or decision related to official duties undertaken or
performed pursuant to this chapter. If a current or former member, agent,
representative, or employee of the board or a provider of educational and
assessment services selected by the board for the quality intervention
program requests the state to defend against any claim or action arising
out of any act, omission, proceeding, conduct, or decision related to the
person's official duties, if the request is made in writing at a
reasonable time before trial, and if the person requesting
defense cooperates in good faith in the defense of the claim or action,
the state shall provide and pay for the defense and shall
pay any resulting judgment, compromise, or settlement. At no time
shall the state pay that part of a claim or judgment that
is for punitive or exemplary damages.
(3) On
THE BOARD MAY
SHARE ANY INFORMATION IT RECEIVES PURSUANT TO AN INVESTIGATION, INCLUDING
PATIENT RECORDS AND PATIENT RECORD
INFORMATION, WITH OTHER LICENSING BOARDS AND GOVERNMENTAL AGENCIES
THAT ARE INVESTIGATING ALLEGED PROFESSIONAL MISCONDUCT AND WITH LAW
ENFORCEMENT AGENCIES AND OTHER GOVERNMENTAL
AGENCIES THAT ARE INVESTIGATING OR PROSECUTING ALLEGED CRIMINAL OFFENSES. A
BOARD OR AGENCY THAT RECEIVES THE INFORMATION SHALL COMPLY WITH THE SAME
REQUIREMENTS REGARDING CONFIDENTIALITY AS THOSE WITH WHICH THE STATE MEDICAL
BOARD MUST COMPLY, NOTWITHSTANDING ANY CONFLICTING PROVISION of the Revised Code OR PROCEDURE
OF THE BOARD OR AGENCY THAT APPLIES WHEN THE BOARD OR AGENCY IS DEALING WITH
OTHER INFORMATION IN ITS POSSESSION. THE INFORMATION MAY
BE ADMITTED INTO EVIDENCE IN A CRIMINAL TRIAL IN ACCORDANCE WITH
THE RULES OF EVIDENCE, BUT THE COURT SHALL REQUIRE
THAT APPROPRIATE MEASURES ARE TAKEN TO ENSURE THAT
CONFIDENTIALITY IS MAINTAINED WITH RESPECT TO ANY PART OF THE INFORMATION THAT
CONTAINS NAMES OR OTHER IDENTIFYING INFORMATION ABOUT PATIENTS OR COMPLAINANTS
WHOSE CONFIDENTIALITY WAS PROTECTED BY THE STATE MEDICAL BOARD WHEN THE
INFORMATION WAS IN THE BOARD'S POSSESSION. MEASURES TO ENSURE CONFIDENTIALITY
THAT MAY BE TAKEN BY THE COURT INCLUDE SEALING ITS RECORDS OR DELETING
SPECIFIC INFORMATION
FROM ITS RECORDS.
(6) ON
a quarterly basis, the board shall prepare a report
that documents the disposition of all cases during the preceding
three months. The report shall contain the following information
for each case with which the board has completed its activities:
(a) The case number assigned to the complaint or alleged
violation pursuant to division (C)(1) of this section;
(b) The type of license or certificate to practice, if
any, held by the individual against whom the complaint is
directed;
(c) A description of the allegations contained in the
complaint;
(d) The disposition of the case.
The report shall state how many cases are still pending
and shall be prepared in a manner that
protects the identity
of each person involved in each case. The report shall be a
public record under section 149.43 of the Revised Code.
(D)(G) If the secretary and supervising member determine that
there is clear and convincing evidence that a certificate holder
AN INDIVIDUAL has violated division (B) of this section and that the
certificate holder's INDIVIDUAL'S continued practice presents a
danger of
immediate and serious harm to the public, they may recommend that
the board suspend the certificate holder's INDIVIDUAL'S
certificate TO PRACTICE without a
prior hearing. Written allegations shall be prepared for consideration by the
board members.
The board, upon review of those allegations and by a AN
AFFIRMATIVE vote
of not fewer than six of its members, excluding the secretary and
supervising member, may suspend a certificate without a prior
hearing. A telephone conference call may be utilized for
reviewing the allegations and taking the vote ON THE
SUMMARY SUSPENSION.
The board shall issue a written order of suspension by
certified mail or in person in accordance with section 119.07 of
the Revised Code. The order shall not be subject to
suspension
by the court during pendency of any appeal filed under section
119.12 of the Revised Code. If the certificate holder INDIVIDUAL
SUBJECT TO THE SUMMARY SUSPENSION requests
an adjudicatory hearing by the board, the date set for that THE
hearing shall be within fifteen days, but not earlier than seven
days, after the certificate holder has requested a INDIVIDUAL
REQUESTS THE hearing,
unless otherwise agreed to by both the board and the certificate
holder INDIVIDUAL.
Any summary suspension imposed under this division shall
remain in effect, unless reversed on appeal, until a final
adjudicative order issued by the board pursuant to this section
and Chapter 119. of the Revised Code becomes effective. The
board shall issue its final adjudicative order within sixty days
after completion of its hearing. A failure to issue the order
within sixty days shall result in dissolution of the summary
suspension order but shall not invalidate any subsequent, final
adjudicative order.
(E)(H) If the board takes action under division
(B)(9), (11), or (13) of this section and the conviction, judicial
finding of guilt, or guilty plea, OR JUDICIAL FINDING OF
ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION is overturned on appeal,
upon
exhaustion of the criminal appeal, a petition for reconsideration
of the order may be filed with the board along with appropriate
court documents. Upon receipt of a petition of that
nature and supporting court documents, the board shall reinstate the
petitioner's INDIVIDUAL'S certificate TO PRACTICE. The
board may then hold an adjudication UNDER CHAPTER 119. of the Revised Code to
determine whether the applicant or certificate holder INDIVIDUAL
committed
the act in question. Notice of an opportunity for a hearing
shall be given in accordance with Chapter 119. of the Revised Code. If the
board finds, pursuant to an adjudication held under this division,
that the applicant or certificate holder INDIVIDUAL committed
the act or if
no hearing is requested, the board may order any of the sanctions
identified under division (B) of this section. The board
does not have jurisdiction under division (B)(10), (12), or (14) of
this section if the trial court renders a final
judgment in the certificate holder's favor and that judgment is
based upon an adjudication on the merits. The board has
jurisdiction under those divisions if the trial court
issues an order of dismissal upon technical or procedural
grounds.
(F)(I) The certificate or license TO
PRACTICE issued to an
individual under
this chapter and the individual's practice in this
state are automatically suspended as of the date the individual pleads
guilty to, OR is found by a judge
or jury to be guilty of, or is subject to a judicial
finding of eligibility for treatment in lieu of conviction for either
ANY of the
following:
(1) In this state, aggravated CRIMINAL OFFENSES IN THIS STATE OR A
SUBSTANTIALLY EQUIVALENT CRIMINAL OFFENSE IN ANOTHER JURISDICTION:
AGGRAVATED
murder, murder, voluntary
manslaughter, felonious assault, kidnapping, rape, sexual
battery, gross sexual imposition, aggravated arson, aggravated
robbery, or aggravated burglary;
(2) In another jurisdiction, any criminal offense
substantially equivalent to those specified in division (F)(1) of
this section. CONTINUED
Continued
practice after suspension of the individual's
certificate or license shall be considered practicing
without a certificate or license. The
THE
board shall notify the
individual subject to the suspension by certified mail or in person in
accordance with section 119.07 of the Revised Code. If an
individual whose certificate or license is suspended under this
division fails to make a timely request for an adjudicatory
hearing ADJUDICATION UNDER CHAPTER 119. of the Revised Code,
the board shall enter a final order PERMANENTLY revoking the
INDIVIDUAL'S certificate or license TO PRACTICE.
(G)(J) If the board is required by
Chapter 119. of the Revised Code to give notice of an
opportunity for a hearing and if the applicant or certificate
holder INDIVIDUAL SUBJECT TO THE NOTICE does not timely request a
hearing in accordance with section
119.07 of the Revised Code, the board is not required
to hold a hearing, but may adopt, by a AN AFFIRMATIVE vote of
not fewer than
six of its members, a final order that contains the board's
findings. In that final order, the board may order any of the
sanctions identified under division
(A) OR (B) of this section.
(H)(K) Any action taken by the board under division (B) of
this section resulting in a suspension from practice shall be
accompanied by a written statement of the conditions under which
the INDIVIDUAL'S certificate holder TO PRACTICE may be
reinstated to practice. The board
shall adopt rules governing conditions to be imposed for
reinstatement. Reinstatement of a certificate suspended pursuant
to division (B) of this section requires an affirmative vote of
not fewer than six members of the board.
(I)(L) WHEN THE BOARD
REFUSES TO GRANT A CERTIFICATE TO AN APPLICANT,
REVOKES AN INDIVIDUAL'S
CERTIFICATE TO PRACTICE, REFUSES TO REGISTER AN APPLICANT, OR
REFUSES TO REINSTATE AN INDIVIDUAL'S CERTIFICATE TO PRACTICE,
THE BOARD MAY SPECIFY THAT ITS ACTION IS PERMANENT. AN
INDIVIDUAL SUBJECT TO A PERMANENT ACTION TAKEN BY THE BOARD IS
FOREVER THEREAFTER INELIGIBLE TO HOLD A CERTIFICATE TO PRACTICE
AND THE BOARD SHALL NOT ACCEPT AN APPLICATION FOR REINSTATEMENT OF THE
CERTIFICATE OR FOR ISSUANCE OF A NEW CERTIFICATE.
(M) Notwithstanding any other provision of the Revised
Code, no ALL OF THE FOLLOWING APPLY:
(1) THE surrender of a license or certificate issued under this
chapter shall NOT be effective
unless or until accepted by the board. Reinstatement of a
certificate surrendered to the board requires an affirmative vote
of not fewer than six members of the board.
Notwithstanding any other provision of the Revised Code, no
(2) AN application for a license or certificate made
under the
provisions of this chapter
may NOT be withdrawn without approval of the board.
(3) FAILURE BY AN INDIVIDUAL TO RENEW A CERTIFICATE
OF REGISTRATION IN ACCORDANCE WITH THIS CHAPTER SHALL NOT REMOVE OR LIMIT THE
BOARD'S
JURISDICTION TO TAKE ANY DISCIPLINARY ACTION UNDER THIS SECTION
AGAINST THE INDIVIDUAL.
(J)(N) Sanctions shall not be imposed under division
(B)(28) of this section against any person who
waives deductibles and copayments as follows:
(1) In compliance with the health benefit plan that
expressly allows such a practice. Waiver of the deductibles or
copayments shall be made only with the full knowledge and consent of
the plan purchaser, payer, and third-party administrator. Documentation of
the consent shall be made available to the board upon request.
(2) For professional services rendered to any other person
authorized to practice pursuant to this chapter,
to the extent allowed by this
chapter and rules adopted by the board.
(K)(O) Under the board's investigative duties described in
this
section and subject to division (C)(F) of this section, the
board shall
develop and implement a quality intervention program designed to improve
physicians' clinical and communication skills through remedial
education THE CLINICAL AND COMMUNICATION SKILLS OF INDIVIDUALS AUTHORIZED
UNDER THIS CHAPTER TO PRACTICE MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND
SURGERY, AND PODIATRY. In
developing and implementing the quality intervention program, the board may do
all of the following:
(1) Offer in appropriate cases as determined by the board an educational
and assessment program to physicians pursuant to an investigation the
board
conducts under this section;
(2) Select providers of educational and assessment services for
physicians, including a quality intervention program panel of case
reviewers;
(3) Refer physicians MAKE REFERRALS to educational and
assessment service providers and
approve individual educational programs recommended by those providers. The
board shall monitor the progress of each physician INDIVIDUAL
undertaking an A RECOMMENDED INDIVIDUAL educational
program of that nature.
(4) Determine WHAT CONSTITUTES successful completion of an
INDIVIDUAL educational program undertaken
by a referred physician and require further monitoring of a
physician THE INDIVIDUAL WHO COMPLETED THE PROGRAM or other
action that the board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the Revised Code to
further
implement the quality intervention program.
A physician AN INDIVIDUAL who participates in an individual
educational program pursuant
to this division shall pay the financial obligations arising from that
educational program.
Sec. 4731.221. If the state medical board has reason to
believe that any person who has been granted a certificate under
Chapter 4731. of the Revised Code is mentally ill or mentally
incompetent, it may file in the probate court of the county in
which such person has a legal residence an affidavit in the form
prescribed in section 5122.11 of the Revised Code and signed by
the board secretary or a member of his THE BOARD SECRETARY'S
staff, whereupon the same
proceedings shall be had as provided in Chapter 5122. of the
Revised Code. The attorney general may represent the board in
any proceeding commenced under this section.
If any person who has been granted a certificate is
adjudged by a probate court to be mentally ill or mentally
incompetent, his THE PERSON'S certificate shall be automatically
suspended
until such person has filed with the state medical board a
certified copy of an adjudication by a probate court of his THE
PERSON'S
subsequent restoration to competency or has submitted to such
board proof, satisfactory to the board, that he THE PERSON has
been
discharged as having a restoration to competency in the manner
and form provided in section 5122.38 of the Revised Code. The
judge of such court shall forthwith notify the state medical
board of an adjudication of incompetence, and shall note any
suspension of a certificate in the margin of the court's record
of such certificate. In the absence of fraud or bad faith,
neither the state medical board nor any member, agent,
representative, or employee thereof shall be held liable in
damages by any person by reason of the filing of the affidavit
referred to in this section.
Sec. 4731.222. Before restoring to good standing a
certificate issued under this chapter that has been in a
suspended or inactive state for any cause for more than two
years, or before issuing a certificate pursuant to section
4731.18, 4731.29, 4731.295, 4731.57, or 4731.571 of the
Revised Code to an applicant who for more than two years has not been
engaged in the practice of medicine,
osteopathic medicine, or podiatry, OR A LIMITED BRANCH OF
MEDICINE as an active practitioner, as a
participant in a
postgraduate training program approved by the state medical
board, or PROGRAM OF GRADUATE MEDICAL EDUCATION, AS DEFINED IN SECTION
4731.091 of the Revised Code, as a student in good standing at a medical or
osteopathic school or A college of podiatry approved
DETERMINED by the board TO BE IN GOOD STANDING, OR AS A STUDENT IN A
SCHOOL, COLLEGE, OR INSTITUTION GIVING INSTRUCTION IN A LIMITED BRANCH OF
MEDICINE DETERMINED BY THE BOARD TO BE IN GOOD STANDING UNDER SECTION 4731.19
of the Revised Code, the
state medical board may require the applicant to pass an oral or
written examination, or both, to determine the applicant's
present fitness to resume practice.
The authority of the board to impose terms and conditions
includes the following:
(A) Requiring the applicant to obtain additional training
and to pass an examination upon completion of such training;
(B) Restricting or limiting the extent, scope, or type of
practice of the applicant.
The board shall consider the moral background and the
activities of the applicant during the period of suspension or
inactivity, in accordance with section 4731.08 of the Revised
Code.
Sec. 4731.223. (A) As used in this section, "prosecutor"
has the same meaning as in section 2935.01 of the Revised Code.
(B) Whenever any person holding a valid certificate issued
pursuant to this chapter is convicted of or
pleads guilty to, IS SUBJECT TO A JUDICIAL FINDING OF GUILT OF, OR
IS SUBJECT TO A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF
CONVICTION FOR a violation of Chapter 2907., 2925., or 3719. of the
Revised Code
or of any substantively comparable ordinance of a municipal
corporation in connection with the person's practice, the
prosecutor in
the case, on forms prescribed and provided by the state
medical board, shall promptly notify the board of the conviction or
guilty plea. Within thirty days of receipt of that
information, the board
shall initiate action in accordance with Chapter 119. of the
Revised Code to determine whether to suspend or revoke the
certificate under section 4731.22 of the Revised Code.
(C) The prosecutor in any case against any person holding
a valid certificate issued pursuant to this chapter, on
forms prescribed and provided by the state medical board, shall notify
the board of any of the following:
(1) A plea of guilty to, or a finding of guilt by a jury
or court of,
OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION
FOR
a felony, or a case in which the trial
court issues an order of dismissal upon technical or procedural grounds of a
felony charge;
(2) A plea of guilty to, or
a finding of guilt by a jury
or court of,
OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION
FOR
a misdemeanor committed in the course of practice, or a case
in which the trial court issues an order of dismissal upon
technical
or procedural grounds of a charge of a misdemeanor, if the
alleged act was committed in the course of practice;
(3) A plea of guilty to, or a finding of guilt by a jury
or court of,
OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION
FOR
a misdemeanor involving moral turpitude, or a case
in which the trial court issues an order of dismissal upon
technical or
procedural grounds of a charge of a misdemeanor involving moral
turpitude.
The report shall include the name and address of the
certificate holder, the nature of the offense for which the
action was taken, and the certified court documents recording the
action.
Sec. 4731.224. (A) Within sixty days after the completion
IMPOSITION of any formal disciplinary procedure ACTION
taken by any HEALTH CARE FACILITY, INCLUDING A hospital
or, HEALTH CARE FACILITY OPERATED BY A HEALTH INSURING
CORPORATION, ambulatory surgical center, OR SIMILAR
FACILITY, against any person INDIVIDUAL holding a
valid
certificate TO PRACTICE issued pursuant to this chapter, the chief
administrator or executive officer of the facility shall report
to the STATE MEDICAL board the name of the certificate holder
INDIVIDUAL, the action taken by the facility, and a summary of the
underlying facts leading to the action taken. Upon request, the board shall
be provided CERTIFIED copies of the patient records minus patient
identifiers which THAT
were the basis for the facility's action. Prior to release to
the board, the summary shall be approved by the peer review
committee which THAT reviewed the case or by the governing board
of
the facility. As used in this division, "formal disciplinary
procedure ACTION" means any procedure ACTION
resulting in the revocation,
restriction, reduction, or termination of clinical privileges for
violations of professional ethics, or for reasons of medical
incompetence, medical malpractice, or drug or alcohol abuse.
"FORMAL DISCIPLINARY ACTION" INCLUDES A SUMMARY ACTION,
AN ACTION THAT TAKES EFFECT NOTWITHSTANDING ANY APPEAL RIGHTS
THAT MAY EXIST, AND AN ACTION THAT RESULTS IN AN INDIVIDUAL
SURRENDERING CLINICAL PRIVILEGES WHILE UNDER INVESTIGATION AND
DURING PROCEEDINGS REGARDING THE ACTION BEING TAKEN OR IN RETURN
FOR NOT BEING INVESTIGATED OR HAVING PROCEEDINGS HELD. "Formal
disciplinary procedure ACTION" does not include any
action taken
for the sole reason of failure to maintain records on a timely
basis or failure to attend staff or section meetings.
The filing or nonfiling of a report with the board,
investigation by the board, or any disciplinary action taken by
the board, shall not preclude any action by a health care
facility or professional society to suspend, restrict, or revoke
the INDIVIDUAL'S CLINICAL privileges or membership of such
physician.
IN THE ABSENCE OF FRAUD OR BAD FAITH, NO INDIVIDUAL OR ENTITY THAT PROVIDES
PATIENT RECORDS TO THE BOARD SHALL BE LIABLE IN DAMAGES TO ANY
PERSON AS A RESULT OF PROVIDING THE RECORDS.
(B) If any individual authorized to practice under
this chapter or any, PROFESSIONAL
association or society of SUCH individuals authorized to
practice under this chapter, OR HEALTH CARE FACILITY
believes that a violation of any provision of this chapter,
Chapter 4730. of the Revised Code, or any rule of the board has
occurred, the individual, association ORGANIZATION, or
society FACILITY shall report to the board the information upon
which the belief is based. This division does not require any person or
organization that is a treatment provider approved by the board under
section
4731.25 of
the Revised Code or any employee, agent, or representative of
such a provider to make reports with respect to a AN IMPAIRED
practitioner participating in treatment or aftercare so FOR
SUBSTANCE ABUSE AS long as the
practitioner maintains participation in accordance with the
requirements of section 4731.25 of the Revised Code, and so AS
long as the association, society, or individual TREATMENT PROVIDER
OR EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE PROVIDER has no reason to
believe that the practitioner has violated any provision of this
chapter or any rule adopted under it, other than the provisions of
division
(B)(26) of section
4731.22 of the Revised Code. This division does not require
reporting by any member of an impaired practitioner committee
established by a hospital HEALTH CARE FACILITY or by any
representative or agent of a committee or program sponsored by a professional
association OR SOCIETY of
individuals authorized to practice under this chapter
to provide peer
assistance to practitioners with substance abuse problems with
respect to a practitioner who has been referred for examination
to a treatment program approved by the board under section
4731.25 of the Revised Code if the practitioner cooperates with
the referral for examination and with any determination that the
physician assistant PRACTITIONER
should enter treatment and so AS long as the committee member,
representative, or agent has no reason to believe that the
practitioner has ceased to participate in the treatment program
in accordance with section 4731.25 of the Revised Code or has
violated any provision of this chapter or any rule
adopted under it,
other than the provisions
of division (B)(26) of section 4731.22 of the Revised Code.
(C) Any professional ASSOCIATION OR society composed primarily of
doctors
of medicine and surgery, doctors of osteopathic medicine and
surgery, or doctors of podiatry, OR PRACTITIONERS OF LIMITED
BRANCHES OF MEDICINE that suspends or
revokes an individual's membership in that society for violations
of professional ethics, or for reasons of professional
incompetence or professional malpractice, within sixty days after
a final decision shall report to the board, on forms prescribed
and provided by the board, the name of the member INDIVIDUAL,
the action taken by the society PROFESSIONAL ORGANIZATION, and a
summary of the underlying facts
leading to the action taken.
THE FILING OF A REPORT WITH THE BOARD OR DECISION NOT TO FILE A REPORT,
INVESTIGATION BY THE BOARD, OR ANY DISCIPLINARY ACTION TAKEN BY
THE BOARD, DOES NOT PRECLUDE A PROFESSIONAL ORGANIZATION FROM
TAKING DISCIPLINARY ACTION AGAINST AN INDIVIDUAL.
(D) Any insurer providing professional liability insurance
to any person holding a valid certificate issued pursuant to AN
INDIVIDUAL AUTHORIZED TO PRACTICE UNDER this chapter, or any other entity
that seeks to indemnify the professional liability of any person holding a
valid certificate issued pursuant to this chapter SUCH AN
INDIVIDUAL, shall notify the board within thirty days after the
final disposition of any written claim for damages where such disposition
results in a payment which exceeds EXCEEDING twenty-five
thousand dollars. Such THE notice shall contain the
following information:
(1) The name and address of the person submitting the
notification;
(2) The name and address of the insured who is the subject
of the claim;
(3) The name of the person filing the written claim;
(4) The date of final disposition;
(5) If applicable, the identity of the court in which the
final disposition of the claim took place.
(E) On the basis of the reporting provisions in this
section, the THE board may investigate possible violations of this
chapter or a rule THE RULES adopted under it. The board may
also investigate THAT ARE BROUGHT TO ITS ATTENTION AS A RESULT OF THE
REPORTING
REQUIREMENTS OF THIS SECTION, EXCEPT THAT THE BOARD SHALL
CONDUCT AN INVESTIGATION IF A POSSIBLE VIOLATION INVOLVES repeated
malpractice. As
used in this division, "repeated malpractice" is MEANS three or
more claims for medical malpractice within the previous A
five-year
period, each resulting in a judgment or settlement in excess of
twenty-five thousand dollars in favor of the claimant, and each
involving negligent conduct by the physician PRACTICING
INDIVIDUAL.
(F) All summaries, reports, and records received and
maintained by the board pursuant to this section shall be held in
confidence and shall not be subject to discovery or introduction
in evidence in any federal or state civil action involving a
health care professional or facility arising out of matters which
THAT are the subject of such THE reporting to the
board REQUIRED BY THIS SECTION. The board may only use the
information obtained ONLY as the basis for an investigation, as
evidence in a disciplinary hearing against the certificate holder AN
INDIVIDUAL WHOSE PRACTICE IS REGULATED UNDER THIS CHAPTER, or in any
subsequent trial or appeal of a
board action or order.
The board may only disclose the summaries and reports which
it receives under this section ONLY to hospital HEALTH CARE
FACILITY committees within or outside Ohio which THIS STATE
THAT are involved in credentialling CREDENTIALING or
recredentialling RECREDENTIALING the certificate
holder INDIVIDUAL or in reviewing his THE
INDIVIDUAL'S clinical privileges. The board shall indicate whether or not
the information has been verified. Information thus transmitted by
the board shall be subject to the same confidentiality provisions
as when maintained by the board.
(G) Except for reports filed by an individual
pursuant to division (B) of this section, THE BOARD SHALL SEND a copy
of any reports or summaries received by the board IT RECEIVES
pursuant to this section shall be sent to the certificate holder by
the board INDIVIDUAL WHO IS THE SUBJECT OF THE REPORTS OR
SUMMARIES. The certificate holder INDIVIDUAL shall have the
right to file a statement with the board concerning the correctness or
relevance of the information. Such THE statement shall at all
times accompany that part of the record in
contention.
(H) Any person, health care facility, association,
society, AN INDIVIDUAL or insurer who ENTITY THAT,
pursuant to this section, reports to the board or who refers an
impaired practitioner to a treatment provider approved by the
board under section 4731.25 of the Revised Code
shall not be subject to suit for
civil damages as a
result of the report, referral, or provision of the information.
(I) In the absence of fraud or bad faith, no professional
association OR SOCIETY of individuals authorized to practice under
this chapter that
sponsors a committee or program to provide peer assistance to
practitioners with substance abuse problems, no representative or
agent of such a committee or program, and no member of the state
medical board shall be held liable in damages to any person by
reason of actions taken to refer a practitioner to a treatment
provider approved under section 4731.25 of the Revised Code for
examination or treatment.
Sec. 4731.225. If the holder of a certificate ISSUED under this
chapter violates division (A), (B), or (C) of section 4731.66 or section
4731.69 of the Revised Code, or if any other person violates division (B) or
(C) of section 4731.66 or
section 4731.69 of the Revised Code, the state medical board, pursuant to an
adjudication hearing conducted in accordance with UNDER Chapter
119. of the Revised Code and a AN AFFIRMATIVE vote of not fewer
than six of its members, shall:
(A) For a first violation, impose a civil penalty of not more than five
thousand dollars;
(B) For each subsequent violation, impose a civil penalty of not more than
twenty thousand dollars and, if the violator is a certificate holder, proceed
under division (B)(27) of section 4731.22 of the Revised Code.
Sec. 4731.25. The state medical board, in accordance with
Chapter 119. of the Revised Code, shall adopt and may amend and
rescind rules establishing standards for approval of physicians
and facilities as treatment providers for impaired practitioners
who are regulated under this chapter or Chapter 4730. of the Revised Code.
The rules shall include standards for both inpatient and
outpatient treatment. The rules shall provide that in order to
be approved, a treatment provider must have the capability of
making an initial examination to determine what type of treatment
an impaired practitioner requires. Subject to the rules, the
board shall review and approve treatment providers on a regular
basis. The board, at its discretion, may withdraw or deny
approval subject to the rules.
An approved impaired practitioner treatment provider shall:
(A) Report to the board the name of any practitioner
suffering or showing evidence of suffering impairment as
described in division (B)(6)(5) of section 4730.25 of the
Revised Code or
division (B)(26) of section 4731.22 of the Revised
Code who fails to comply within one week with a referral for
examination;
(B) Report to the board the name of any impaired
practitioner who fails to enter treatment within forty-eight
hours following the provider's determination that the
practitioner needs treatment;
(C) Require every practitioner who enters treatment to
agree to a treatment contract establishing the terms of treatment
and aftercare, including any required supervision or restrictions
of practice during treatment or aftercare;
(D) Require a practitioner to suspend practice upon entry
into any required inpatient treatment;
(E) Report to the board any failure by an impaired
practitioner to comply with the terms of the treatment contract
during inpatient or outpatient treatment or aftercare;
(F) Report to the board the resumption of practice of any
impaired practitioner before the treatment provider has made a
clear determination that the practitioner is capable of
practicing according to acceptable and prevailing standards of
care;
(G) Require a practitioner who resumes practice after
completion of treatment to comply with an aftercare contract that
meets the requirements of rules adopted by the board for approval
of treatment providers;
(H) Report the identity of any practitioner practicing
under the terms of an aftercare contract to hospital
administrators, medical chiefs of staff, and chairpersons of
impaired practitioner committees of all health care
institutions at
which the practitioner holds clinical privileges or otherwise
practices. If the
practitioner does not hold clinical privileges at any health care
institution, the treatment provider shall report the
practitioner's identity to the impaired physicians PRACTITIONER
committee of the county medical society, osteopathic academy, or podiatric
medical association in every county in which the practitioner
practices. If there are no impaired physicians PRACTITIONER
committees in the
county, the treatment provider shall report the practitioner's
identity to the president or other designated member of the
county medical society, osteopathic academy, or podiatric medical
association.
(I) Report to the board the identity of any practitioner
who suffers a relapse at any time during or following aftercare.
Any individual authorized to practice under this
chapter who enters into
treatment by an approved treatment provider shall be deemed to
have waived any confidentiality requirements that would otherwise
prevent the treatment provider from making reports required under
this section.
In the absence of fraud or bad faith, no person or
organization that conducts an approved impaired practitioner
treatment program, no member of such an organization,
and no employee, representative, or agent of the treatment
provider shall be held liable in damages to any person by reason
of actions taken or recommendations made by the treatment
provider or its employees, representatives, or agents.
Sec. 4731.281. (A) On or before the deadline established under division
(B) of this section for applying for renewal
of a certificate of registration,
each person
holding a certificate under this chapter to practice medicine and
surgery, osteopathic medicine and surgery, or podiatry shall
certify to the state medical board that in the preceding two years the person
has completed one
hundred hours of continuing medical education. The
certification shall be made upon the application for BIENNIAL
registration
furnished by the board SUBMITTED pursuant to DIVISION
(B) OF this section. For purposes of
meeting this requirement,
THE BOARD SHALL ADOPT RULES PROVIDING FOR PRO RATA
REDUCTIONS BY
MONTH OF THE NUMBER OF HOURS OF CONTINUING EDUCATION REQUIRED
FOR PERSONS WHO ARE IN THEIR FIRST REGISTRATION PERIOD, WHO HAVE A
REGISTRATION PERIOD OF LESS THAN TWO YEARS DUE TO INITIAL IMPLEMENTATION OF
THE STAGGERED RENEWAL SCHEDULE ESTABLISHED UNDER DIVISION (B) OF THIS
SECTION, WHO HAVE
BEEN DISABLED DUE TO ILLNESS OR ACCIDENT, OR WHO HAVE BEEN
ABSENT FROM THE COUNTRY.
IN DETERMINING WHETHER A COURSE, PROGRAM, OR ACTIVITY
QUALIFIES FOR CREDIT AS CONTINUING MEDICAL EDUCATION, THE BOARD
SHALL APPROVE all continuing medical education taken
by persons holding a certificate to practice medicine and surgery
shall be THAT IS certified by the Ohio state medical association
and
approved by the board;, all continuing medical education taken by
persons holding a certificate to practice osteopathic medicine
and surgery shall be THAT IS certified by the Ohio osteopathic
association and approved by the board;, and all continuing
medical
education taken by persons holding a certificate to practice
podiatry shall be THAT IS certified by the Ohio podiatric
medical
association and approved by the board. The board shall adopt
rules providing for pro rata adjustments by month of
the hours of
continuing education required by this section for persons who are
in their first registration period, who have a registration period of
less than two years due to initial implementation of the staggered renewal
schedule established under division (B) of
this section, who have been disabled due to
illness or accident, or who have been absent from the country.
Each person holding a certificate to practice under this chapter
shall be given sufficient choice of continuing education programs
to ensure that the person has had a reasonable opportunity to
participate
in continuing education programs that are relevant to the person's
medical
practice in terms of subject matter and level. The
THE board may
require a random sample of persons holding a certificate to
practice under this chapter to submit materials documenting
completion of the continuing medical education requirement during
the preceding registration period, but this provision shall not
limit the board's authority to investigate pursuant to section
4731.22 of the Revised Code.
(B)(1) Every person holding a certificate under this chapter to
practice medicine and surgery, osteopathic medicine and surgery,
or podiatry wishing to renew that certificate shall
apply to the board for a certificate of
registration upon an application furnished by the board, and pay TO THE
BOARD AT THE TIME OF APPLICATION a fee of two
hundred seventy-five dollars to the board, according to the following
schedule:
(a) Persons whose last name begins with the letters "A" through
"B," on or before April 1, 2001, and the first day of April of every
odd-numbered year thereafter;
(b) Persons whose last name begins with the letters "C" through
"D," on or before January 1, 2001, and the first day of January of every
odd-numbered year thereafter;
(c) Persons whose last name begins with the
letters "E" through
"G," on or before
October 1, 2000, and the first
day of October of every
even-numbered year thereafter;
(d) Persons whose last name begins
with the letters "H" through
"K," on or before
July 1, 2000, and the first day
of July of every even-numbered
year thereafter;
(e) Persons whose last name begins with the
letters "L" through
"M," on or before
April 1, 2000, and the first
day of April of every
even-numbered year thereafter;
(f) Persons whose last name begins with the
letters "N" through
"R," on or before
January 1, 2000, and the first
day of January of every
even-numbered year thereafter;
(g) Persons whose last name begins
with the letter "S," on or
before October 1, 1999, and the
first day of October of every
odd-numbered year thereafter;
(h) Persons whose last name begins
with the letters "T" through "Z," on or before
July 1, 1999, and the first day of July of every
odd-numbered year thereafter.
The board shall deposit the
fee in accordance with section 4731.24 of
the Revised Code, except that,
until July 30, 2001, the
board shall deposit twenty dollars of the fee into the state treasury
to the credit of the physician loan repayment fund created by
section 3702.78 of the Revised Code.
The board
shall assess a penalty of twenty-five dollars for late
applications. The board shall deposit penalties in accordance with section
4731.24 of the Revised Code.
(2) The board shall mail or cause to be mailed to
every person
registered to practice medicine and surgery, osteopathic medicine
and surgery, or podiatry, an application for registration
addressed to the PERSON'S last known post-office address of such
person or
may cause such THE application to be sent to such
THE person through the
secretary of any recognized medical, osteopathic, or podiatric
society, according
to the following schedule:
(a) To persons whose last name begins with the letters "A" through
"B," on or before January 1, 2001, and the first
day of January of every
odd-numbered year thereafter;
(b) To persons whose last name begins with the
letters "C" through
"D," on or before
October 1, 2000, and the first
day of October of every
even-numbered year thereafter;
(c) To persons whose last name begins with the
letters "E" through
"G," on or before
July 1, 2000, and the first day
of July of every even-numbered
year thereafter;
(d) To persons whose last name begins
with the letters "H" through
"K," on or before
April 1, 2000, and the first
day of April of every
even-numbered year thereafter;
(e) To persons whose last name begins with the
letters "L" through
"M," on or before
January 1, 2000, and the first
day of January of every
even-numbered year thereafter;
(f) To persons whose last name begins with the
letters "N" through
"R," on or before
October 1, 1999, and the first
day of October of every
odd-numbered year thereafter;
(g) To persons whose last name begins
with the letter "S," on or
before July 1, 1999, and the
first day of July of every
odd-numbered year thereafter;
(h) To persons whose last name begins
with the letters "T" through
"Z," on or before
April 1, 1999, and the first
day of April of every
odd-numbered year thereafter.
Failure of any person to receive an application from
the board shall not excuse the person from the requirements
contained in
this section. The application shall contain proper spaces for the
applicant's signature and the insertion of the required
information, including a statement that the person has
fulfilled the
continuing education requirements imposed by this section.
The applicant shall write or cause to be written upon the
application so furnished the applicant's full name,
principal
practice
address and residence address, the number of the applicant's
certificate to
practice, and any other facts for the identification of the
applicant as a person holding a certificate to practice under
this chapter as the board considers necessary. The
applicant shall include with the application a list of the names and addresses
of any clinical nurse specialists, certified nurse-midwives, or certified
nurse practitioners with whom the applicant is currently collaborating,
as defined in section 4723.02 of the Revised Code.
The applicant shall
execute
and deliver the application to the board by mail or in
person. Every person
registered under this section shall give written notice to the
board of any change of principal practice address or residence
address or in the list within thirty days of the change.
The applicant shall report any criminal offense that
constitutes grounds for refusal of registration under section
4731.22 of the Revised Code TO WHICH THE APPLICANT HAS PLEADED
GUILTY, of which the applicant has been
found guilty, or
to which the applicant has entered a plea of guilty or no
contest FOR WHICH THE APPLICANT HAS BEEN FOUND ELIGIBLE FOR TREATMENT
IN LIEU OF CONVICTION, since the LAST
signing of the applicant's latest preceding AN application for
a certificate to
practice medicine or surgery OF REGISTRATION.
(C) The board shall issue to any person holding a certificate
under this chapter to practice medicine and surgery, osteopathic
medicine and surgery, or podiatry, upon application and
qualification therefor in accordance with this section, a
certificate of registration under the seal of the board. Such A
certificate OF REGISTRATION shall be valid for a two-year period,
commencing on
the first day of the third month after the registration fee
is due and expiring on the last day of
the month two years
thereafter.
The board shall publish
and
cause to be mailed to each person registered under this section,
upon request, a printed list of the persons so registered.
(D) Failure of any certificate holder to register and comply
with this section shall operate automatically to suspend the
holder's
certificate to practice, and the continued. CONTINUED
practice after the
suspension of the certificate to practice shall be considered as
practicing without a license IN VIOLATION OF SECTION 4731.41,
4731.43, OR 4731.60 OF THE REVISED CODE. A
SUBJECT TO SECTION 4731.222 OF THE REVISED CODE, THE
BOARD SHALL REINSTATE A certificate to practice
suspended for less than two years for failure to register shall
be reinstated by the board upon AN APPLICANT'S submission of the
current and
delinquent BIENNIAL registration fees FEE, the
twenty-five-dollar APPLICABLE MONETARY penalty for
late applications, and certification by signature of the
applicant that the applicant has completed the requisite
continuing medical education. THE PENALTY FOR REINSTATEMENT SHALL BE
FIFTY DOLLARS IF
THE CERTIFICATE HAS BEEN SUSPENDED FOR TWO YEARS OR LESS AND
ONE HUNDRED DOLLARS IF THE CERTIFICATE HAS BEEN SUSPENDED FOR MORE
THAN TWO YEARS. THE BOARD SHALL DEPOSIT THE PENALTIES IN
ACCORDANCE WITH SECTION 4731.24 OF THE REVISED
CODE.
(E) IF AN INDIVIDUAL CERTIFIES COMPLETION OF THE NUMBER OF HOURS
AND
TYPE OF CONTINUING MEDICAL EDUCATION REQUIRED TO RECEIVE A
CERTIFICATE OF REGISTRATION OR REINSTATEMENT OF A CERTIFICATE TO
PRACTICE, AND THE BOARD FINDS THROUGH THE RANDOM SAMPLES IT
CONDUCTS UNDER THIS SECTION OR THROUGH ANY OTHER MEANS THAT THE
INDIVIDUAL DID NOT COMPLETE THE REQUISITE CONTINUING MEDICAL
EDUCATION, THE BOARD MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN
FIVE THOUSAND DOLLARS. THE BOARD'S FINDING SHALL BE MADE
PURSUANT TO AN ADJUDICATION UNDER CHAPTER 119. OF THE
REVISED CODE AND BY AN AFFIRMATIVE VOTE OF NOT
FEWER THAN SIX MEMBERS.
A CIVIL PENALTY IMPOSED UNDER THIS DIVISION MAY BE IN
ADDITION TO OR IN LIEU OF ANY OTHER ACTION THE BOARD MAY TAKE
UNDER SECTION 4731.22 OF THE REVISED CODE. THE
BOARD SHALL DEPOSIT CIVIL PENALTIES IN ACCORDANCE WITH SECTION
4731.24 OF THE REVISED CODE.
(E)(F) The state medical board may obtain information not
protected by statutory or common law privilege from courts and
other sources concerning malpractice claims against any person
holding a certificate to practice under this chapter or
practicing as provided in section 4731.36 of the Revised Code.
Sec. 4731.29. (A) When a person licensed to practice
medicine and surgery or osteopathic medicine and surgery by the
licensing department of another state, a diplomate of the
national board of medical examiners or the national board of
examiners for osteopathic physicians and surgeons, or a
licentiate of the medical council of Canada wishes to remove to
this state to practice his profession, he THE PERSON
shall file an application with the state medical board. The board may, in its
discretion, by an affirmative vote of not less than six of its
members, issue to him a ITS certificate to practice medicine and
surgery or osteopathic medicine and surgery without requiring the
applicant to submit to examination, provided he THE APPLICANT
submits evidence
satisfactory to the board that he meets OF MEETING the same age,
moral character, and educational requirements individuals must meet
under sections 4731.08, 4731.09, 4731.091, and 4731.14 of the
Revised Code and, if applicable, that he demonstrates proficiency
in spoken English in accordance with division (E) of this
section.
(B) The state medical board shall issue or deny its
certificate TO PRACTICE within sixty days after the receipt of a
complete application to practice medicine and surgery, or osteopathic
medicine and surgery, under division (A) of this section. Within
thirty days after receipt of an application, the state medical
board shall provide the applicant with written notice, by
certified mail, of any information required before an application
can be considered complete for purposes of this section.
(C) If an applicant is under investigation pursuant to
section 4731.22 of the Revised Code, the state medical board
shall conclude the investigation within ninety days of receipt of
a complete application unless extended by written consent of the
applicant or unless the board determines that a substantial
question of such a violation OF THIS CHAPTER OR THE RULES ADOPTED
UNDER IT exists and the board has notified the applicant in writing of the
reasons for the continuation of the investigation. If the board determines
that the applicant has IS not violated section 4731.22 of the
Revised Code IN VIOLATION, it shall
issue a certificate within forty-five days of that determination.
(D) A fee of three hundred dollars shall be submitted with
each application for certification under this section.
(E)(1) Except as otherwise provided in this division
(E)(2) OF THIS SECTION, an applicant licensed to practice
medicine and surgery or
osteopathic medicine and surgery by the licensing department of
another state who received that license based in part on
certification from the educational commission for foreign medical
graduates shall demonstrate proficiency in spoken English if he THE
APPLICANT fulfilled the undergraduate requirements for a certificate
issued
under this section at an institution outside the United States.
The applicant may demonstrate such proficiency only in the manner
described in section 4731.142 of the Revised Code for individuals
attempting to receive certificates issued under section 4731.14
of the Revised Code. An
(2) AN applicant DESCRIBED IN DIVISION (E)(1) OF
THIS SECTION is not required to demonstrate
proficiency in spoken English if either of the following apply:
(1)(a) During the five years immediately preceding the date
of his application, the applicant's license has been unrestricted
and the applicant has been actively practicing medicine and
surgery or osteopathic medicine and surgery in the United States.
(2)(b) The applicant was required to demonstrate such
proficiency as a condition of his RECEIVING certification from
the
educational commission for foreign medical graduates.
Sec. 4731.291. (A) The state medical board may issue,
without examination, a training certificate to any person who
wishes AN INDIVIDUAL SEEKING to pursue an internship, residency, or
clinical fellowship
program in this state, WHO DOES NOT HOLD A CERTIFICATE TO PRACTICE
MEDICINE
AND SURGERY OR OSTEOPATHIC MEDICINE OR SURGERY ISSUED UNDER THIS
CHAPTER, SHALL APPLY TO THE STATE MEDICAL BOARD FOR A TRAINING
CERTIFICATE. THE APPLICATION SHALL BE MADE ON FORMS THAT THE
BOARD SHALL FURNISH AND SHALL BE ACCOMPANIED BY AN APPLICATION
FEE OF SEVENTY-FIVE DOLLARS.
(B) An applicant for a training certificate shall furnish
proof satisfactory to the board of all the following:
(1) The EVIDENCE SATISFACTORY TO THE BOARD THAT THE applicant
is at least eighteen years of age and is
of good
moral character.
(2) The EVIDENCE SATISFACTORY TO THE BOARD THAT THE applicant
has been accepted or appointed to
participate in
this state in one of the following:
(a) An internship or residency program accredited by
either the accreditation council for graduate medical education
of the American medical association or the American osteopathic
association;
(b) A clinical fellowship program at an institution with a
residency program accredited by either the accreditation council
for graduate medical education of the American medical
association or the American osteopathic association that is in a
clinical field the same as or related to the clinical field of
the fellowship program.
The applicant shall indicate;
(3) INFORMATION IDENTIFYING the beginning and ending dates
of the period for which the applicant has been accepted or
appointed to
participate in the internship, residency, or clinical fellowship
program;
(4) ANY OTHER INFORMATION THAT THE BOARD REQUIRES.
(C) A (B) IF NO GROUNDS FOR DENYING A CERTIFICATE UNDER
SECTION 4731.22 OF THE REVISED CODE APPLY, AND THE
APPLICANT MEETS THE REQUIREMENTS OF DIVISION (A) OF THIS
SECTION, THE BOARD SHALL ISSUE A TRAINING CERTIFICATE TO THE
APPLICANT. THE BOARD SHALL NOT REQUIRE AN EXAMINATION AS A
CONDITION OF RECEIVING A TRAINING CERTIFICATE.
A training certificate issued pursuant to this section
shall be valid only for the period of one year, but may in the
discretion of the board and upon application duly made, be
renewed annually for a maximum of five years. The fee for RENEWAL OF a
training certificate or any renewal thereof shall be
thirty-five dollars. The
THE board shall maintain a register of all
individuals
who hold training certificates.
(D)(C) The holder of a valid training certificate shall be
entitled to perform such acts as may be prescribed by or
incidental to the holder's internship, residency, or
clinical fellowship program, but the holder shall not be
entitled otherwise to engage in the practice of medicine and surgery or
osteopathic medicine and surgery in this state. The holder
shall limit activities under the
certificate to the programs of the hospitals or facilities for
which the training certificate is issued. The holder shall train
only under the supervision of the physicians responsible for
supervision as part of the internship, residency, or clinical
fellowship program. A training certificate may be revoked by the
board upon proof, satisfactory to the board, that the holder
thereof has engaged in practice in this state outside the scope
of the internship, residency, or clinical fellowship program for
which the training certificate has been issued, or upon proof,
satisfactory to the board, that the holder thereof has engaged in
unethical conduct or that there are grounds for action against
the holder under section 4731.22 of the Revised Code.
(E)(D) The board may adopt rules as the board finds
necessary
to effect the purpose of this section.
Sec. 4731.341. The practice of medicine in all of its
branches or the treatment of human ailments without the
use
of
drugs or medicines and without operative surgery by any person not at that
time
holding a
valid
and current certificate as provided by Chapter 4723., 4725., or
4731. of the Revised Code is hereby declared to be inimical to
the public welfare and to constitute a public nuisance. The
attorney general, the prosecuting attorney of any county in which
the offense was committed or the offender resides, the state
medical board, or any other person having knowledge of a person
engaged EITHER DIRECTLY OR BY COMPLICITY in the practice of medicine
without having first obtained
a certificate to do so pursuant to such chapters, may on or after
January 1, 1969, in accord with provisions of the Revised Code
governing injunctions, maintain an action in the name of the
state to enjoin any person from engaging EITHER DIRECTLY OR BY
COMPLICITY
in the unlawful practice
of medicine in all of its branches, or the treatment of human
ailments without the use of drugs or medicines and without
operative surgery, by
applying for an injunction in any court of competent
jurisdiction.
Prior to application for such injunction, the secretary of
the state medical board shall notify the person allegedly engaged EITHER
DIRECTLY OR BY COMPLICITY in the unlawful practice of medicine or any of
its branches by
registered mail that the secretary has received information
indicating that this person is so engaged. Said person shall
answer the secretary within thirty days showing that the person is
either
properly licensed for the stated activity or that the person is not
in
violation of Chapter 4723. or 4731. of the Revised Code. If
the answer is not forthcoming within thirty
days after notice by the
secretary, the secretary shall request that the attorney general,
the prosecuting attorney of the county in which the offense was
committed or the offender resides, or the state medical board
proceed as authorized in this section.
Upon the filing of a verified petition in court, the court
shall conduct a hearing on the petition and shall give the same
preference to this proceeding as is given all proceedings under
Chapter
119. of the Revised Code, irrespective of the
position of the proceeding on the calendar of the court.
Such injunction proceedings shall be in addition to, and
not in lieu of, all penalties and other remedies provided in
Chapters 4723. and 4731. of the Revised Code.
Sec. 4731.41. No person shall practice medicine or AND
surgery, or any of its branches, without a THE
APPROPRIATE certificate from the state medical board; no TO
ENGAGE IN THE PRACTICE. NO person shall advertise or announce himself
as CLAIM TO THE PUBLIC TO BE a practitioner of medicine or
AND surgery, or any of its branches, without a certificate from the
board; no. NO person not being a licensee shall
open or conduct an office or other place for such practice without a
certificate from the board; no. NO person shall conduct
an office in the name of some person who has a
certificate to practice medicine or AND surgery, or any of its
branches; and no. NO person shall practice medicine
or AND surgery, or
any of its branches, after a THE PERSON'S certificate has been
revoked, or, if suspended, during the time of such suspension. Any person
licensed as a cosmetic therapist and holding a certificate issued
by the state medical board pursuant to Chapter 4731. of the
Revised Code may advertise and offer the service of cosmetic
therapy and conduct an office for the practice thereof under such
rules and regulations as may be prescribed by the state medical
board. Section 1701.03 of the Revised Code is not applicable to
the practice of cosmetic therapy, except that no corporation
shall be licensed to practice cosmetic therapy.
A certificate signed by the secretary OF THE BOARD to which is affixed
the official seal of the board to the effect that it appears from
the records of the board that no such certificate to practice
medicine or AND surgery, or any of its branches, in the
THIS state has been issued to any such THE person
specified therein, or that a certificate TO PRACTICE, if issued, has
been revoked or suspended, shall be
received as prima-facie evidence of the record of such THE board
in
any court or before any officer of the state.
Sec. 4731.61. The certificate of a podiatrist may be revoked,
limited, or
suspended; the holder of a certificate may be placed on probation
or
reprimanded; or an applicant may be refused registration or
reinstatement for
violations of section 4731.22 or sections 4731.51 to 4731.60 of
the Revised
Code by a AN AFFIRMATIVE vote of not less than six members of
the state medical
board.
This section does not preclude the application to, or limit the
operation or
effect upon, podiatrists of other sections of Chapter 4731. of
the Revised
Code.
Sec. 4731.98. IN THE ABSENCE OF FRAUD OR BAD FAITH,
THE STATE MEDICAL BOARD, A CURRENT OR FORMER BOARD MEMBER, AN AGENT OF THE
BOARD,
A PERSON FORMALLY REQUESTED BY THE BOARD TO BE THE BOARD'S REPRESENTATIVE,
AN EMPLOYEE OF THE BOARD, OR A PROVIDER OF EDUCATIONAL AND ASSESSMENT SERVICES
SELECTED BY THE BOARD FOR THE QUALITY INTERVENTION PROGRAM SHALL NOT BE HELD
LIABLE IN
DAMAGES TO ANY PERSON AS THE RESULT OF ANY ACT, OMISSION,
PROCEEDING, CONDUCT, OR DECISION RELATED TO OFFICIAL DUTIES
UNDERTAKEN OR PERFORMED PURSUANT TO THIS CHAPTER. IF
ANY SUCH PERSON ASKS TO BE DEFENDED
BY THE
STATE AGAINST ANY CLAIM OR ACTION ARISING OUT OF
ANY ACT, OMISSION, PROCEEDING, CONDUCT, OR DECISION RELATED TO
THE PERSON'S OFFICIAL DUTIES, AND IF THE REQUEST IS MADE IN
WRITING AT A REASONABLE TIME BEFORE TRIAL AND THE PERSON
REQUESTING DEFENSE COOPERATES IN GOOD FAITH IN THE DEFENSE OF THE
CLAIM OR ACTION, THE STATE SHALL PROVIDE AND PAY FOR THE PERSON'S DEFENSE
AND SHALL PAY ANY RESULTING JUDGMENT, COMPROMISE, OR
SETTLEMENT. AT NO TIME SHALL THE STATE PAY ANY PART OF A CLAIM
OR JUDGMENT THAT IS FOR PUNITIVE OR EXEMPLARY DAMAGES.
Sec. 4731.99. (A) Whoever violates section 4731.41 or,
4731.43, OR 4731.60 of the Revised Code is guilty of a
misdemeanor FELONY of the first FIFTH degree on a
first offense and a felony of the fifth FOURTH
degree on each subsequent offense.
(B) Whoever violates section 4731.49, 4731.50, 4731.60, or
4731.81 of the Revised Code is guilty of a misdemeanor of the
fourth degree on a first offense and a misdemeanor of the first degree
on each subsequent offense.
(C) Whoever violates section 4731.46 or 4731.47 of the
Revised Code is guilty of a felony of the fifth degree.
(D) Whoever violates section 4731.48 of the Revised Code
is guilty of a misdemeanor of the fourth degree.
(E) Whoever violates division (A), (B), (C), or (D) of
section 4731.224 of the Revised Code is guilty of a minor
misdemeanor on a first offense and a misdemeanor of the fourth degree
on
each subsequent offense, except
that an individual guilty of a subsequent offense shall not be
subject to imprisonment, but to a fine alone of up to one
thousand dollars for each offense.
Sec. 4773.01. As used in this chapter:
(A) "General x-ray machine operator" means an individual
who performs standard, diagnostic, radiologic procedures; whose
performance of radiologic procedures is limited to specific body
sites; and who does not, to any significant degree, determine the
site or dosage of radiation to which a patient is exposed.
(B) "Chiropractor" means an individual licensed under
Chapter 4734. of the Revised Code to practice chiropractic.
(C) "Ionizing radiation" means any electromagnetic or
particulate radiation that interacts with atoms to produce
ionization in matter, including x-rays, gamma rays, alpha and
beta particles, high speed electrons, neutrons, and other nuclear
particles.
(D) "Physician" means an individual who holds a
certificate issued under Chapter 4731. of the Revised Code
authorizing him THE INDIVIDUAL to practice medicine and surgery
or osteopathic medicine and surgery.
(E) "Podiatrist" means an individual who holds a
certificate issued under Chapter 4731. of the Revised Code
authorizing him THE INDIVIDUAL to practice podiatry.
(F) "Nuclear medicine technologist" means an individual
who prepares and administers radio-pharmaceuticals to human
beings and conducts in vivo or in vitro detection and measurement
of radioactivity for medical purposes.
(G) "Radiation therapy technologist" means an individual
who utilizes ionizing radiation-generating equipment for
therapeutic purposes on human subjects.
(H) "Radiographer" means an individual who performs a
comprehensive scope of diagnostic radiologic procedures employing
equipment that emits ionizing radiation, exposes radiographs, and
performs other procedures that contribute significantly to
determining the site or dosage of ionizing radiation to which a
patient is exposed.
(I) "Mechanotherapist" means an individual who holds a
certificate issued under section 4731.151 4731.15 of the
Revised Code authorizing him THE INDIVIDUAL to practice
mechanotherapy.
Sec. 5123.61. (A) As used in this section:
(1) "Mentally retarded or developmentally disabled adult"
means a person who is eighteen years of age or older and is a
mentally retarded or developmentally disabled person.
(2) "Law enforcement agency" means the state highway
patrol, the police department of a municipal corporation, or a
county sheriff.
(B) The department of mental retardation and developmental
disabilities shall establish a registry office for the purpose of
maintaining reports of abuse and neglect made to the department
under this section and reports received from county boards of
mental retardation and developmental disabilities under section
5126.31 of the Revised Code.
(C)(1) Any person listed in division (C)(2) of this
section, having reason to believe that a mentally retarded or
developmentally disabled adult has suffered any wound, injury,
disability, or condition of such a nature as to reasonably
indicate abuse or neglect of that adult, shall immediately report
or cause reports to be made of such information to a law
enforcement agency or to the county board of mental retardation
and developmental disabilities, except that if the report
concerns a resident of a facility operated by the department of
mental retardation and developmental disabilities the report
shall be made either to a law enforcement agency or to the
department.
(2) All of the following persons are required to make a
report under division (C)(1) of this section:
(a) Any physician, including a hospital intern or
resident, any dentist, podiatrist, chiropractor, practitioner of
a limited branch of medicine or surgery as defined
SPECIFIED in section
4731.15 of the Revised Code, hospital administrator or employee
of a hospital, nurse licensed under Chapter 4723. of the Revised
Code, employee of an ambulatory health facility as defined in
section 5101.61 of the Revised Code, employee of a home health
agency, employee of an adult care facility licensed under Chapter
3722. OF THE Revised Code, or employee of a community mental health
facility;
(b) Any school teacher or school authority, social worker,
psychologist, attorney, peace officer, coroner, clergyman, or
residents' rights advocate as defined in section 3721.10 of the
Revised Code;
(c) A superintendent, board member, or employee of a
county board of mental retardation and developmental
disabilities; an administrator, board member, or employee of a
residential facility licensed under section 5123.19 of the
Revised Code; or an administrator, board member, or employee of
any other public or private provider of services to a mentally
retarded or developmentally disabled adult;
(d) A member of a citizen's advisory council established at
an institution or branch institution of the department of mental
retardation and developmental disabilities under section 5123.092
of the Revised Code;
(e) A person who, while acting in an official or professional
capacity, renders spiritual treatment through
prayer in accordance with the tenets of an organized religion.
(3) The reporting requirements of this division do not
apply to members of the legal rights service commission or to
employees of the legal rights service.
(D) The reports required under division (C) of this
section shall be made forthwith by telephone or in person and
shall be followed by a written report. The reports shall contain
the following:
(1) The names and addresses of the mentally retarded or
developmentally disabled adult and the adult's custodian, if known;
(2) The mentally retarded or developmentally disabled
adult's age and the nature and extent of the adult's injuries or
physical neglect, including any evidence of previous injuries or physical
neglect;
(3) Any other information which might be helpful in
establishing the cause of the injury, abuse, or physical neglect.
(E) When a physician performing services as a member of
the staff of a hospital or similar institution has reason to
believe that a mentally retarded or developmentally disabled
adult has suffered injury, abuse, or physical neglect, the physician
shall notify the person in charge of the institution or that person's
designated delegate, who shall make the necessary reports.
(F) Any person having reasonable cause to believe that a
mentally retarded or developmentally disabled adult has suffered
abuse or neglect may report the belief, or cause a report to be
made, to a law enforcement agency or the county board of mental
retardation and developmental disabilities, or, if the adult is a
resident of a facility operated by the department of mental
retardation and developmental disabilities, to a law enforcement
agency or to the department.
(G)(1) Upon the receipt of a report concerning the
possible nonaccidental infliction of a physical injury upon a
mentally retarded or developmentally disabled adult, the law
enforcement agency shall inform the county board of mental
retardation and developmental disabilities or, if the adult is a
resident of a facility operated by the department of mental
retardation and developmental disabilities, the director of the
department or the director's designee.
(2) On receipt of a report under this section, the
department of mental retardation and developmental disabilities
shall notify the law enforcement agency.
(3) When a county board of mental retardation and
developmental disabilities receives a report under this section,
the superintendent of the board or an individual the superintendent
designates
under division (H) of this section shall notify the law
enforcement agency and the department of mental retardation and
developmental disabilities.
(H) The superintendent of the board may designate an
individual to be responsible for notifying the law enforcement
agency and the department when the county board receives a report
under this section.
(I) A mentally retarded or developmentally disabled adult
about whom a report is made may be removed from the adult's place
of residence only by law enforcement officers who consider that the adult's
immediate removal is essential to protect the adult from further injury or
abuse or in accordance with the order of a court made pursuant to section
5126.33 of the Revised Code.
(J) A law enforcement agency shall investigate each report
of abuse or neglect made under this section. In addition, the
department, in cooperation with law enforcement officials, shall
investigate each report regarding a resident of a facility
operated by the department to determine the circumstances
surrounding the injury, the cause of the injury, and the person
responsible. The department shall determine, with the registry
office which shall be maintained by the department, whether prior
reports have been made concerning the mentally retarded or
developmentally disabled adult or other principals in the case.
The department shall submit a report of its investigation, in
writing, to the law enforcement agency, and with the consent of
the adult, shall provide such protective services as are
necessary to protect the adult. The law enforcement agency shall
make a written report of its findings to the department.
If the adult is not a resident of a facility operated by
the department, the county board of mental retardation and
developmental disabilities shall review the report of abuse or
neglect in accordance with sections 5126.30 to 5126.33 of the
Revised Code and the law enforcement agency shall make the
written report of its findings to the county board.
(K) Any person or any hospital, institution, school,
health department, or agency participating in the making of
reports pursuant to this section, any person participating as a
witness in an administrative or judicial proceeding resulting
from the reports, or any person or governmental entity that
discharges responsibilities under sections 5126.31 to 5126.33 of
the Revised Code shall be immune from any civil or criminal
liability that might otherwise be incurred or imposed as a result
of such actions except liability for perjury, unless the person
or governmental entity has acted in bad faith or with malicious
purpose.
(L) No employer or any person with the authority to do so
shall discharge, demote, transfer, prepare a negative work
performance evaluation, reduce pay or benefits, terminate work
privileges, or take any other action detrimental to an employee
or retaliate against an employee as a result of the employee's
having made a report under this section. This division does not
preclude an employer or person with authority from taking action
with regard to an employee who has made a report under this
section if there is another reasonable basis for the action.
(M) Reports made under this section are not public records
as defined in section 149.43 of the Revised Code. Information
contained in the reports on request shall be made available to
the adult who is the subject of the report, to the adult's legal
counsel,
and to agencies authorized to receive information in the report
by the department or by a county board of mental retardation and
developmental disabilities.
(N) Notwithstanding section 4731.22 of the Revised Code,
the physician-patient privilege shall not be a ground for
excluding evidence regarding a mentally retarded or
developmentally disabled adult's injuries or physical neglect or
the cause thereof in any judicial proceeding resulting from a
report submitted pursuant to this section.
Section 2. That existing sections 119.12, 121.22, 503.41, 1785.01, 2151.421,
2317.02, 2925.01,
3719.121, 4713.01, 4713.12, 4713.14, 4730.12, 4730.25,
4730.26, 4730.27, 4730.31, 4730.32,
4730.34, 4731.08, 4731.13, 4731.142, 4731.15, 4731.151, 4731.16,
4731.17, 4731.18, 4731.19, 4731.20, 4731.22, 4731.221, 4731.222, 4731.223,
4731.224, 4731.225, 4731.25, 4731.281, 4731.29, 4731.291,
4731.341, 4731.41, 4731.61, 4731.99, 4773.01, and 5123.61 of the Revised Code
are hereby repealed.
Section 3. Section 2151.421 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General
Assembly, with the new language of
neither of the acts shown in capital letters.
Section 2317.02 of the Revised Code is presented in this act
as a composite of the section as amended by both
Sub. S.B. 223 and Am. Sub. S.B. 230 of the 121st General Assembly, with the
new language of
neither of the acts shown in capital letters.
Section 2925.01 of the Revised Code is presented in this act
as a composite of the section as amended by
Sub. H.B. 125, Am. Sub. S.B. 143, Sub. S.B. 223, and Am. Sub. S.B. 269 of the
121st General Assembly, with the new language of
none of the acts shown in capital letters.
This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
|