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.
|
Sub. S. B. No. 86As Reported by the House Civil and Commercial Law CommitteeAs Reported by the House Civil and Commercial Law Committee
125th General Assembly | Regular Session | 2003-2004 |
| |
SENATORS Stivers, Miller, Goodman, Jacobson, Randy Gardner, Coughlin, Amstutz, Brady, Herington, Fedor, Wachtmann, Schuring, Mumper, Spada, Harris, Nein, Carey, Schuler, DiDonato, Prentiss, Robert Gardner, Armbruster, White
REPRESENTATIVES Latta, Seitz
A BILL
To amend sections 2305.113, 2305.234, 2711.22, 3701.071, 3719.81, 4713.02, 4715.42, 4723.01, 4723.03, 4723.28, 4723.44, 4723.48, 4723.482, 4729.01, 4731.22, and 4731.295 of the Revised Code to extend immunity from liability for services provided by volunteer health care professionals and workers to additional health care facilities and locations and to nonprofit health care referral organizations, to provide additional requirements for the immunity of a health care professional, to increase the maximum allowable income of individuals who may be served by volunteers having immunity from liability, and to specify the nurses who may refer to themselves as advanced practice nurses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2305.113, 2305.234, 2711.22, 3701.071, 3719.81, 4713.02, 4715.42, 4723.01, 4723.03, 4723.28, 4723.44, 4723.48, 4723.482, 4729.01, 4731.22, and 4731.295 of the Revised Code be amended to read as follows:
Sec. 2305.113. (A) Except as otherwise provided in this
section, an action upon a medical, dental, optometric, or
chiropractic claim shall be commenced within one year after the
cause of action accrued. (B)(1) If prior to the expiration of the one-year period
specified in division (A) of this section, a claimant who
allegedly possesses a medical, dental, optometric, or chiropractic
claim gives to the person who is the subject of that claim written
notice that the claimant is considering bringing an action upon
that claim, that action may be commenced against the person
notified at any time within one hundred eighty days after the
notice is so given.
(2) An insurance company shall not consider the existence or
nonexistence of a written notice described in division (B)(1) of
this section in setting the liability insurance premium rates that
the company may charge the company's insured person who is
notified by that written notice.
(C) Except as to persons within the age of minority or of
unsound mind as provided by section 2305.16 of the Revised Code,
and except as provided in division (D) of this section,
both of
the following apply:
(1) No action upon a medical, dental, optometric, or
chiropractic claim shall be commenced more than four years after
the occurrence of the act or omission constituting the alleged
basis of the medical, dental, optometric, or chiropractic claim. (2) If an action upon a medical, dental, optometric, or
chiropractic claim is not commenced within four years after the
occurrence of the act or omission constituting the alleged basis
of the medical, dental, optometric, or chiropractic claim, then,
any action upon that
claim is barred.
(D)(1) If a person making a medical claim, dental claim,
optometric claim, or chiropractic claim, in the exercise of
reasonable care and diligence, could not have discovered the
injury resulting from the act or omission constituting the alleged
basis of the claim within three years after the occurrence of the
act or omission, but, in the exercise of reasonable care and
diligence, discovers the injury resulting from that act or
omission before the expiration of the four-year period specified
in division (C)(1) of this section, the person may commence an
action upon the claim not later than one year after the person
discovers the injury resulting from that act or omission. (2) If the alleged basis of a medical claim, dental claim,
optometric claim, or chiropractic claim is the occurrence of an
act or omission that involves a foreign object that is left in the
body of the person making the claim, the person may commence an
action upon the claim not later than one year after the person
discovered the foreign object or not later than one year after the
person, with reasonable care and diligence, should have discovered
the foreign object. (3) A person who commences an action upon a medical claim,
dental claim, optometric claim, or chiropractic claim under the
circumstances described in division (D)(1) or (2) of this section
has the affirmative burden of proving, by clear and convincing
evidence, that the person, with
reasonable care and diligence,
could not have discovered the
injury resulting from the act or
omission constituting the alleged
basis of the claim within the
three-year period
described in division (D)(1) of this
section or
within the one-year period described in division (D)(2) of this
section, whichever is
applicable.
(E) As used in this section:
(1) "Hospital" includes any person, corporation,
association, board, or authority that is responsible for the
operation of any hospital licensed or registered in the state,
including, but not limited to, those that are owned or operated by
the state, political subdivisions, any person, any corporation, or
any combination of the state, political subdivisions, persons, and
corporations. "Hospital" also includes any person, corporation,
association, board, entity, or authority that is responsible for
the operation of any clinic that employs a full-time staff of
physicians practicing in more than one recognized medical
specialty and rendering advice, diagnosis, care, and treatment to
individuals. "Hospital" does not include any hospital operated by
the government of the United States or any of its branches. (2) "Physician" means a person who is licensed to practice
medicine and surgery or osteopathic medicine and surgery by the
state medical board or a person who otherwise is authorized to
practice medicine and surgery or osteopathic medicine and surgery
in this state.
(3) "Medical claim" means any claim that is asserted in any
civil action against a physician, podiatrist, hospital, home, or
residential facility, against
any employee or agent of a
physician, podiatrist, hospital, home, or residential facility, or
against a licensed practical nurse, registered nurse, advanced
practice nurse, physical therapist, physician assistant, emergency
medical technician-basic, emergency medical
technician-intermediate, or emergency medical
technician-paramedic, and that arises
out of the medical
diagnosis, care, or treatment of any person.
"Medical claim"
includes the following: (a) Derivative claims for relief that arise
from the medical
diagnosis, care, or treatment of a person;
(b) Claims that arise out of the medical diagnosis, care, or
treatment of any person and to which either of the following
applies:
(i) The claim results from acts or omissions in providing
medical care.
(ii) The claim results from the hiring, training,
supervision, retention, or termination of caregivers providing
medical diagnosis, care, or treatment.
(c) Claims that arise out of the medical diagnosis, care,
or treatment of any person and that are brought under section
3721.17 of the Revised Code. (4) "Podiatrist" means any person who is licensed to practice
podiatric medicine and surgery by the state medical board.
(5) "Dentist" means any person who is licensed to practice
dentistry by the state dental board.
(6) "Dental claim" means any claim that is asserted in any
civil action against a dentist, or against any employee or agent
of a dentist, and that arises out of a dental operation or the
dental diagnosis, care, or treatment of any person. "Dental claim"
includes derivative claims for relief that arise from a dental
operation or the dental diagnosis, care, or treatment of a person. (7) "Derivative claims for relief" include, but are not
limited to, claims of a parent, guardian, custodian, or spouse of
an individual who was the subject of any medical diagnosis, care,
or treatment, dental diagnosis, care, or treatment, dental
operation, optometric diagnosis, care, or treatment, or
chiropractic diagnosis, care, or treatment, that arise from that
diagnosis, care, treatment, or operation, and that seek the
recovery of damages for any of the following: (a) Loss of society, consortium, companionship, care,
assistance, attention, protection, advice, guidance, counsel,
instruction, training, or education, or any other intangible loss
that was sustained by the parent, guardian, custodian, or spouse;
(b) Expenditures of the parent, guardian, custodian, or
spouse for medical, dental, optometric, or chiropractic care or
treatment, for rehabilitation services, or for other care,
treatment, services, products, or accommodations provided to the
individual who was the subject of the medical diagnosis, care, or
treatment, the dental diagnosis, care, or treatment, the dental
operation, the optometric diagnosis, care, or treatment, or the
chiropractic diagnosis, care, or treatment.
(8) "Registered nurse" means any person who is licensed to
practice nursing as a registered nurse by the state board of
nursing. (9) "Chiropractic claim" means any claim that is asserted in
any civil action against a chiropractor, or against any employee
or agent of a chiropractor, and that arises out of the
chiropractic diagnosis, care, or treatment of any person.
"Chiropractic claim" includes derivative claims for relief that
arise from the chiropractic diagnosis, care, or treatment of a
person.
(10) "Chiropractor" means any person who is licensed to
practice chiropractic by the state chiropractic examining board.
(11) "Optometric claim" means any claim that is asserted in
any civil action against an optometrist, or against any employee
or agent of an optometrist, and that arises out of the optometric
diagnosis, care, or treatment of any person. "Optometric claim"
includes derivative claims for relief that arise from the
optometric diagnosis, care, or treatment of a person. (12) "Optometrist" means any person licensed to practice
optometry by the state board of optometry. (13) "Physical therapist" means any person who is licensed to
practice physical therapy under Chapter 4755. of the Revised Code. (14) "Home" has the same meaning as in section 3721.10 of
the Revised Code.
(15) "Residential facility" means a facility licensed under
section 5123.19 of the Revised Code.
(16) "Advanced practice nurse" means any certified nurse
practitioner, clinical nurse specialist, or certified registered
nurse anesthetist, or a certified nurse-midwife certified by the
board of nursing under has the same meaning as in section 4723.41 4723.01 of the Revised Code. (17) "Licensed practical nurse" means any person who is
licensed to practice nursing as a licensed practical nurse by the
state board of nursing pursuant to Chapter 4723. of the Revised
Code. (18) "Physician assistant" means any person who holds a
valid certificate of registration or temporary certificate of
registration issued pursuant to Chapter 4730. of the Revised Code. (19) "Emergency medical technician-basic," "emergency
medical technician-intermediate," and "emergency medical
technician-paramedic" means any person who is certified under
Chapter 4765. of the Revised Code as an emergency medical
technician-basic, emergency medical technician-intermediate, or
emergency medical technician-paramedic, whichever is applicable.
Sec. 2305.234. (A) As used in this section: (1)
"Chiropractic claim,"
"medical claim," and
"optometric
claim"
have the same meanings as in section
2305.113 of
the Revised
Code. (2)
"Dental claim" has the same meaning as in section
2305.113 of the Revised
Code, except that it does not include any
claim arising out of a dental
operation or any derivative claim
for relief that arises out of a dental
operation. (3)
"Governmental health care program" has the same meaning
as in
section
4731.65 of the Revised Code. (4)
"Health care facility or location" means a hospital, clinic, ambulatory surgical facility, office of a health care professional or associated group of health care professionals, training institution for health care professionals, or any other place where medical, dental, or other health-related diagnosis, care, or treatment is provided to a person. (5) "Health care professional" means any of the following
who
provide medical, dental, or other health-related
diagnosis,
care,
or treatment: (a) Physicians authorized under Chapter 4731. of the Revised
Code to practice
medicine and surgery or osteopathic medicine and
surgery; (b) Registered nurses, advanced Advanced practice nurses, as defined in section 4723.01 of the Revised Code, and registered nurses and
licensed practical nurses licensed
under Chapter
4723. of the
Revised Code; (c) Physician assistants authorized to practice under
Chapter 4730. of the
Revised Code; (d) Dentists and dental hygienists licensed under Chapter
4715. of the
Revised Code; (e) Physical therapists, physical therapist assistants, occupational therapists, and occupational therapy assistants licensed under Chapter 4755. of the
Revised
Code; (f) Chiropractors licensed under Chapter 4734. of the
Revised Code; (g) Optometrists licensed under Chapter 4725. of the Revised
Code; (h) Podiatrists authorized under Chapter 4731. of the
Revised Code to
practice podiatry; (i) Dietitians licensed under Chapter 4759. of the Revised
Code; (j) Pharmacists licensed under Chapter 4729. of the
Revised
Code; (k) Emergency medical technicians-basic, emergency medical
technicians-intermediate, and emergency medical
technicians-paramedic, certified under Chapter 4765. of the
Revised Code; (l) Respiratory care professionals licensed under Chapter 4761. of the Revised Code; (m) Speech-language pathologists and audiologists licensed under Chapter 4753. of the Revised Code. (5)(6)
"Health care worker" means a person other than a health
care
professional who provides medical, dental, or other
health-related care or
treatment under the direction of a health
care professional with the authority
to direct that individual's
activities, including
medical technicians, medical assistants,
dental assistants,
orderlies, aides, and individuals acting in
similar capacities.
(6)(7)
"Indigent and uninsured person" means a person who meets
all of the
following requirements:
(a) The person's income is not greater than one two hundred
fifty per
cent of the current poverty line as defined by the
United States office of
management and budget and revised in
accordance with section 673(2) of the
"Omnibus Budget
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as
amended. (b) The person is not eligible to receive medical assistance
under Chapter
5111., disability medical assistance
under Chapter 5115. of the
Revised Code, or assistance under any
other governmental health care
program. (c) Either of the following applies: (i) The person is not a policyholder, certificate
holder,
insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance
or health care policy, contract, or plan. (ii) The person is a policyholder, certificate holder,
insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance
or health care policy, contract, or plan, but the insurer,
policy,
contract, or plan denies coverage or is the subject of
insolvency
or bankruptcy proceedings in any jurisdiction. (7)(8) "Nonprofit health care referral organization" means an entity that is not operated for profit and refers patients to, or arranges for the provision of, health-related diagnosis, care, or treatment by a health care professional or health care worker.
(9)
"Operation" means any procedure that involves cutting or
otherwise
infiltrating human tissue by mechanical means, including
surgery, laser
surgery, ionizing radiation, therapeutic
ultrasound, or the removal of
intraocular foreign bodies.
"Operation" does not include the administration
of medication by
injection, unless the injection is administered in
conjunction
with a procedure infiltrating human tissue by mechanical means
other than the administration of medicine by injection. "Operation" does not include routine dental restorative procedures, the scaling of teeth, or extractions of teeth that are not impacted. (8)
"Nonprofit shelter or health care facility" means
a
charitable nonprofit corporation organized and
operated pursuant
to Chapter 1702. of the Revised
Code, or any charitable
organization not organized and not operated
for profit, that
provides shelter, health care services, or
shelter and health care
services to indigent and uninsured persons,
except that
"shelter
or
health care facility" does not include a hospital as defined in
section
3727.01 of the Revised Code, a facility licensed under
Chapter 3721. of the
Revised Code, or a medical facility that is
operated for profit.
(9)(10)
"Tort action" means a civil action for
damages for
injury, death, or loss to person or property other
than a civil
action for damages for a breach of contract or
another agreement
between persons or government entities.
(10)(11)
"Volunteer" means an individual who provides any
medical, dental, or
other health-care related diagnosis, care, or
treatment without
the expectation of receiving and without receipt
of any compensation or other
form of remuneration from an indigent
and uninsured person,
another person on behalf of an indigent and
uninsured person, any shelter or
health care facility or location, any nonprofit health care referral organization, or any
other person or government entity.
(11)(12) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.
(B)(1) Subject to divisions (E)(F) and (F)(G)(3) of this section,
a health care
professional who is a volunteer and complies with
division (B)(2) of this
section is not liable in damages to any
person or government entity in a tort
or other civil action,
including an action on a medical, dental,
chiropractic,
optometric, or other health-related claim, for injury, death, or
loss to person or property that allegedly arises from an action or
omission of the volunteer in the provision at a nonprofit shelter
or health
care facility to an indigent and uninsured person of
medical, dental, or other
health-related diagnosis, care, or
treatment, including the provision of samples of medicine and
other medical
products, unless the action or omission constitutes
willful or wanton
misconduct. (2) To qualify for the immunity described in division
(B)(1)
of this section, a health care professional shall
do all of the
following prior to providing diagnosis, care, or treatment: (a) Determine, in good faith, that the indigent and
uninsured
person is mentally capable of giving informed consent to
the provision of the diagnosis, care, or treatment and is
not
subject to duress or under undue influence; (b) Inform the person of the provisions of this section, including notifying the person that, by giving informed consent to the provision of the diagnosis, care, or treatment, the person cannot hold the health care professional liable for damages in a tort or other civil action, including an action on a medical, dental, chiropractic, optometric, or other health-related claim, unless the action or omission of the health care professional constitutes willful or wanton misconduct; (c) Obtain the informed consent of the person and a written
waiver, signed by the person or by
another individual on behalf of
and in the presence of the person, that states
that the person is
mentally competent to give informed consent and,
without being
subject to duress or under undue influence, gives
informed consent
to the provision of the diagnosis, care, or
treatment subject to
the provisions of this section. A written waiver under division (B)(2)(c) of this section shall state clearly and in conspicuous type that the person or other individual who signs the waiver is signing it with full knowledge that, by giving informed consent to the provision of the diagnosis, care, or treatment, the person cannot bring a tort or other civil action, including an action on a medical, dental, chiropractic, optometric, or other health-related claim, against the health care professional unless the action or omission of the health care professional constitutes willful or wanton misconduct. (3) A physician or podiatrist who is not covered
by medical
malpractice insurance, but complies with division
(B)(2) of this
section, is not required to comply with division (A) of section
4731.143 of the Revised Code. (C) Subject to divisions (E)(F) and (F)(G)(3) of this section,
health care workers
who are volunteers are not liable in damages
to any person or government
entity in a tort or other civil
action, including an action upon a medical,
dental, chiropractic,
optometric, or other health-related claim, for injury,
death, or
loss to person or property that allegedly arises from
an action or
omission of the health care worker in the
provision at a nonprofit
shelter or health care facility to an indigent and
uninsured
person of medical, dental, or other health-related diagnosis,
care,
or treatment, unless the action or omission constitutes
willful or wanton
misconduct. (D) Subject to divisions (F) and (G)(3) of this section, a nonprofit health care referral organization is not liable in damages to any person or government entity in a tort or other civil action, including an action on a medical, dental, chiropractic, optometric, or other health-related claim, for injury, death, or loss to person or property that allegedly arises from an action or omission of the nonprofit health care referral organization in referring indigent and uninsured persons to, or arranging for the provision of, medical, dental, or other health-related diagnosis, care, or treatment by a health care professional described in division (B)(1) of this section or a health care worker described in division (C) of this section, unless the action or omission constitutes willful or wanton misconduct. (E) Subject to divisions (E)(F) and (F)(G)(3) of this section and
to the extent that the registration requirements of section 3701.071
of the Revised Code apply, a nonprofit shelter or
health care facility or location associated
with a health care professional
described in division (B)(1) of this section or, a health care
worker described in division (C) of this section, or a nonprofit health care referral organization described in division (D) of this section is
not liable in
damages to any person or government entity in a tort or other
civil action, including an action on a medical, dental,
chiropractic,
optometric, or
other health-related claim, for
injury, death, or loss to person or property
that allegedly arises
from an action or omission of the health care
professional or
worker in providing for or nonprofit health care referral organization relative to the shelter or facility medical,
dental,
or other health-related diagnosis, care, or treatment provided to an
indigent
and uninsured person on behalf of or at the health care facility or location, unless the action or omission
constitutes willful or
wanton misconduct. (E)(F)(1) Except as provided in division (E)(F)(2) of this
section, the immunities provided by divisions
(B), (C), and (D), and (E) of
this section are not
available to an individual or to a
nonprofit
shelter a health care professional, health care worker, nonprofit health care referral organization, or health care facility or location if, at the time of an alleged
injury, death, or loss to person or property, the individuals
health care professionals or health care workers involved are
providing one of the following:
(a) Any medical, dental, or other health-related diagnosis,
care,
or treatment pursuant
to a community service work order
entered by a court under division
(B) of section 2951.02 of the
Revised
Code or imposed by a court as a community control
sanction; (b) Performance of an operation; (2) Division (E)(F)(1) of this section does not apply to an
individual who provides, or a nonprofit shelter or health care
facility at
which the individual when a health care professional or health care worker provides, medical, dental, or other health-related diagnosis, care, or
treatment that is
necessary to preserve the life of a person in a
medical emergency. (F)(G)(1) This section does not create a new cause
of action or
substantive legal right against a health care professional,
health
care worker, nonprofit health care referral organization, or nonprofit
shelter or health care facility or location.
(2) This section does not affect any immunities from
civil
liability or defenses established by another section of the
Revised Code or available at common law to which
an individual or
a nonprofit shelter health care professional, health care worker, nonprofit health care referral organization, or
health care facility or location may be entitled in
connection with the
provision of emergency or other medical, dental, or other health-related diagnosis,
care, or
treatment. (3) This section does not grant an immunity from tort
or
other civil liability to an individual or a nonprofit shelter health care professional, health care worker, nonprofit health care referral organization, or
health
care facility or location for actions that are outside the scope of
authority of health
care professionals or health care workers. (4) This section does not affect any legal responsibility of
a
health care professional or, health care worker, or nonprofit health care referral organization to comply with
any applicable law of this state or rule of an agency of this
state. (5) This section does not affect any legal
responsibility of
a nonprofit shelter or health care facility or location to comply
with any
applicable law of this state, rule of an agency of this
state, or
local code, ordinance, or regulation that pertains to
or regulates
building, housing, air pollution, water pollution,
sanitation,
health, fire, zoning, or safety.
Sec. 2711.22.
(A) Except as otherwise provided in this
section, a written contract between a patient and a hospital or
healthcare provider to settle by binding arbitration
any
dispute or controversy arising
out of the diagnosis,
treatment, or
care
of the patient rendered by a
hospital
or
healthcare provider,
that is
entered into prior to
the
diagnosis,
treatment, or care
of the
patient is valid, irrevocable, and enforceable
once the contract is signed by all parties. The
contract
remains valid, irrevocable, and enforceable until or
unless the
patient or the patient's legal representative rescinds
the
contract by written notice within thirty days of the signing
of
the contract. A guardian or other legal representative of the
patient may give written notice of the rescission of the contract
if the patient is incapacitated or a minor. (B) As used in this section
and in
sections 2711.23 and 2711.24 of the Revised Code: (1) "Healthcare provider" means a physician,
podiatrist,
dentist, licensed practical nurse, registered nurse, advanced
practice nurse, chiropractor, optometrist, physician assistant,
emergency medical technician-basic, emergency medical
technician-intermediate, emergency medical technician-paramedic,
or physical therapist. (2) "Hospital," "physician," "podiatrist," "dentist,"
"licensed practical nurse,"
"registered nurse," "advanced practice
nurse," "chiropractor,"
"optometrist," "physician assistant,"
"emergency medical technician-basic," "emergency medical
technician-intermediate," "emergency medical
technician-paramedic," "physical
therapist," "medical claim,"
"dental
claim," "optometric claim,"
and "chiropractic claim" have
the same
meanings as in section
2305.113 of the Revised Code.
(3) "Advanced practice nurse" has the same meaning as in section 4723.01 of the Revised Code.
Sec. 3701.071. (A) As used in this section, "nonprofit: (1) "Indigent and uninsured person" has the same meaning as in section 2305.234 of the Revised Code. (2) "Nonprofit shelter
or health care facility" has the same meaning as in section 2305.234 of the
Revised Code means a charitable nonprofit corporation organized and operated pursuant to Chapter 1702. of the Revised Code, or any charitable organization not organized and not operated for profit, that provides shelter, health care services, or shelter and health care services to indigent and uninsured persons. "Nonprofit shelter or health care facility" does not include a hospital, as defined in section 3727.01 of the Revised Code, a facility licensed under Chapter 3721. of the Revised Code, or a medical facility that is operated for profit. (B) A nonprofit shelter or health care facility operating in this
state shall register on the first day of January each year with the
department of health. The immunity provided by division (D)(E) of
section 2305.234 of the Revised Code is not available to a nonprofit shelter
or health care facility until the shelter or facility registers with the
department in accordance with this section. (C) A nonprofit shelter or health care facility operating in this
state shall keep records of all patients who receive medical, dental, or other
health-related diagnosis, care, or treatment at the shelter or facility. The
department of health shall monitor the quality of care provided to patients at
nonprofit shelters or health care facilities. The monitoring program may be
conducted by contracting with another entity or through any other method
authorized by law. The department may solicit and accept funds from private
sources to fund the monitoring program.
Sec. 3719.81. (A) A person may furnish another a sample
of any drug of abuse, or of any drug or pharmaceutical
preparation that would be hazardous to health or safety if
used without the supervision of a licensed health
professional authorized to prescribe drugs, if all of
the following apply: (1) The sample is furnished by a manufacturer,
manufacturer's representative, or wholesale dealer in
pharmaceuticals to a licensed health professional
authorized to prescribe drugs, or is furnished by such a
professional to a patient for use as medication; (2) The drug is in the original container in which it was
placed by the manufacturer, and the container is plainly
marked as a sample; (3) Prior to its being furnished, the drug sample has been
stored under the proper conditions to prevent its deterioration
or contamination; (4) If the drug is of a type which deteriorates with time,
the sample container is plainly marked with the date beyond which
the drug sample is unsafe to use, and the date has not
expired
on the sample furnished. Compliance with the labeling
requirements of the "Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040
(1938), 21 U.S.C.A. 301, as amended, shall be deemed compliance
with this
section. (5) The drug is distributed, stored, or discarded in such
a way that the drug sample may not be acquired or used by any
unauthorized person, or by any person, including a child, for
whom it may present a health or safety hazard. (B) Division (A) of this section does not do any of the
following: (1) Apply to or restrict the furnishing of any sample of a
nonnarcotic substance
if the substance may, under the "Federal Food, Drug, and
Cosmetic Act" and under the laws of this state, otherwise
be lawfully sold over the counter without a prescription; (2) Authorize
a licensed health professional authorized to prescribe drugs who is a clinical
nurse
specialist, certified nurse-midwife, or certified nurse practitioner, or
advanced practice nurse
to furnish a
sample of a drug that is not a drug the nurse is
authorized to prescribe; (3) Authorize an optometrist to furnish a sample of a
drug that is not a drug the optometrist is authorized to prescribe. (C) The state board of pharmacy shall, in accordance with
Chapter 119. of the Revised Code, adopt rules as
necessary to give effect to this section.
Sec. 4713.02. (A) There is hereby created the state board
of cosmetology, consisting of
all of the following
members
appointed by the governor, with the advice and consent of the
senate: (1) One person holding a current, valid cosmetologist,
managing cosmetologist, or cosmetology instructor license at the
time of appointment; (2) Two persons holding current, valid managing
cosmetologist licenses and actively engaged in managing beauty
salons at the time
of appointment; (3)
One person who holds a current, valid independent
contractor license at the time of appointment or the owner or
manager of a licensed salon in which at least one person holding a
current, valid independent contractor license practices a branch
of cosmetology; (4) One person who represents individuals who teach the
theory and practice of a branch of cosmetology at a vocational
school; (5) One owner of a
licensed school of cosmetology; (6) One owner of at least five
licensed
salons; (7) One person who is either an advanced practice nurse
approved under section 4723.55 of the Revised Code, a certified
nurse practitioner or clinical nurse specialist holding a
certificate of authority under section 4723.41 of the Revised
Code, or a physician authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery or osteopathic medicine and
surgery; (8) One person representing the general public. (B) The superintendent of public instruction shall nominate
three persons for the governor to choose from when making an
appointment under division (A)(4) of this section. (C) All members shall be at least twenty-five years of age,
residents of the state, and citizens of the United States. No
more than two members, at any time, shall be graduates of the
same
school of cosmetology. Except for the initial members appointed under
divisions (A)(3) and (4) of this section, terms of
office are for
five years. The term of the
initial member appointed
under division (A)(3) of this section
shall be three years. The
term of the initial member appointed
under division (A)(4) of this
section shall be four years. Terms
shall commence on the first
day of November and
end on the
thirty-first day of October.
Each member shall hold office from
the date of appointment
until
the end of the term for which
appointed. In case of
a vacancy
occurring on the board, the
governor shall, in the same
manner
prescribed for the regular
appointment to the board, fill
the
vacancy by appointing a member.
Any member appointed to fill
a
vacancy occurring prior to the
expiration of the term for which
the member's predecessor was
appointed shall hold office for
the
remainder
of such term. Any
member shall continue in office
subsequent to
the expiration date
of the member's term until
the
member's successor takes office, or
until a period of sixty days
has elapsed,
whichever occurs
first.
Before entering upon the
discharge of the duties
of the office of
member, each member shall
take, and file with the
secretary of
state, the oath of office
required by Section 7 of Article XV,
Ohio
Constitution. The members of the board shall receive an amount fixed
pursuant to Chapter 124. of the Revised Code per diem for every
meeting of the board which they attend, together with their
necessary expenses, and mileage for each mile necessarily
traveled. The members of the board shall annually elect, from among
their number, a chairperson. The board shall prescribe the duties of its officers and
establish an office at Columbus, Ohio. The board shall keep all
records and files at the office and have the records and files at
all reasonable hours open to public inspection. The board also
shall adopt a seal.
Sec. 4715.42. (A)(1) As used in this section, "indigent and
uninsured person," "nonprofit shelter or health care facility," and
"operation" have the same meanings as in section 2305.234 of
the Revised Code.
(2) For the purposes of this section, a person shall be
considered retired from practice if the person's license has been
surrendered or allowed to expire with the intention of ceasing to
practice as a dentist or dental hygienist for remuneration. (B) The state dental board may issue, without examination, a
volunteer's certificate to a person who is retired from practice so that
the person may provide dental services to indigent and
uninsured persons at nonprofit shelters or health care facilities. (C) An application for a volunteer's certificate shall include
all of the following: (1) A copy of the applicant's degree from dental college or
dental hygiene school. (2) One of the following, as applicable: (a) A copy of the applicant's most recent license to practice
dentistry or dental hygiene issued by a jurisdiction in the United
States that licenses persons to practice dentistry or dental
hygiene. (b) A copy of the applicant's most recent license equivalent to a
license to practice dentistry or dental hygiene in one or more branches
of the United States armed services that the United States
government issued. (3) Evidence of one of the following, as applicable: (a) The applicant has maintained for at least ten years prior to
retirement full licensure in good standing in any jurisdiction in the
United States that licenses persons to practice dentistry
or dental hygiene. (b) The applicant has practiced as a dentist or dental hygienist
in good standing for at least ten years prior to retirement in one or
more branches of the United States armed services. (4) A notarized statement from the applicant, on a form
prescribed by the board, that the applicant will not accept any form of
remuneration for any dental services rendered while in possession of a
volunteer's certificate. (D) The holder of a volunteer's certificate may provide dental
services only on the premises of a nonprofit shelter or health care
facility and only to indigent and uninsured persons. The
holder shall not accept any form of remuneration for providing dental
services while in possession of the certificate. Except in a dental
emergency, the holder shall not perform any operation. The board may
revoke a volunteer's certificate on receiving proof satisfactory
to the board that the holder has engaged in practice in this state
outside the scope of the holder's certificate or that there are
grounds for action against the person under section 4715.30 of the
Revised Code. (E)(1) A volunteer's certificate shall be valid for a period of
three years, and may be renewed upon the application of the holder, unless the certificate was previously revoked under division
(D) of this section. The board shall maintain a register of all
persons who hold volunteer's certificates. The board shall not charge a fee for issuing or
renewing a certificate pursuant to this section. (2) To be eligible for renewal of a volunteer's certificate, the
holder of the certificate shall certify to the board completion of sixty
hours of continuing dental education that meets the requirements of
section 4715.141 of the Revised Code and the rules adopted under
that section, or completion of eighteen hours of continuing dental
hygiene education that meets the requirements of section
4715.25 of the Revised Code and the rules adopted under that
section, as the case may be. The board may not renew a
certificate if the holder has not complied with the appropriate
continuing education requirements. The nonprofit shelter or
health care facility in Any entity for which the holder provides dental services
may pay for or reimburse the holder for any costs incurred in obtaining the
required continuing education credits. (3) The board shall issue to each person who qualifies under this
section for a volunteer's certificate a wallet certificate and a wall
certificate that state that the certificate holder is authorized to
provide dental services pursuant to the laws of this state. The
holder shall keep the wallet certificate on the holder's person
while providing dental services and shall display the wall
certificate prominently in the nonprofit shelter or health care
facility at the location where the holder primarily practices. (4) The holder of a volunteer's certificate issued pursuant to
this section is subject to the immunity provisions in section 2305.234
of the Revised Code. (F) The board shall adopt rules in accordance with
Chapter 119.
of the Revised Code to administer and enforce this
section.
Sec. 4723.01. As used in this chapter: (A)
"Registered nurse" means an individual who holds a
current, valid license issued under this chapter that authorizes
the practice of nursing as a registered nurse. (B)
"Practice of nursing as a registered nurse" means
providing to individuals and groups nursing care requiring
specialized knowledge, judgment, and skill derived from the
principles of biological, physical, behavioral, social, and
nursing sciences. Such nursing care includes: (1) Identifying patterns of human responses to actual or
potential health problems amenable to a nursing regimen; (2) Executing a nursing regimen through the selection,
performance, management, and evaluation of nursing actions; (3) Assessing health status for the purpose of providing
nursing care; (4) Providing health counseling and health teaching; (5) Administering medications, treatments, and executing
regimens authorized by an individual who is
authorized to practice
in this state and is acting within the course of the
individual's
professional practice; (6) Teaching, administering, supervising, delegating, and
evaluating nursing practice. (C)
"Nursing regimen" may include preventative,
restorative,
and health-promotion activities. (D)
"Assessing health status" means the collection of data
through nursing assessment techniques, which may include
interviews, observation, and physical evaluations for the purpose
of providing nursing care. (E)
"Licensed practical nurse" means an individual who
holds
a current, valid license issued under this chapter that
authorizes
the practice of nursing as a licensed practical nurse. (F)
"The practice of nursing as a licensed practical
nurse"
means providing to individuals and groups nursing care
requiring
the application of basic knowledge of the biological,
physical,
behavioral, social, and nursing sciences at the
direction of a
licensed physician, dentist, podiatrist,
optometrist,
chiropractor, or registered nurse. Such nursing
care includes: (1) Observation, patient teaching, and care in a diversity
of health care settings; (2) Contributions to the planning, implementation, and
evaluation of nursing; (3) Administration of medications and treatments
authorized
by an individual who is
authorized to practice in this state and
is acting within the course of the
individual's professional
practice, except that administration of
intravenous therapy shall
be performed only in accordance with section
4723.17 or 4723.171
of the Revised Code. Medications may be administered by a
licensed
practical nurse upon proof of completion of a course in
medication administration approved by the board of nursing. (4) Administration to an adult of intravenous therapy
authorized by an individual who is authorized to practice in this
state and is acting within the course of the individual's
professional
practice, on the condition that the licensed
practical nurse is authorized
under section 4723.17 or 4723.171 of
the Revised Code to perform intravenous therapy
and performs
intravenous
therapy only in accordance with those sections. (G)
"Certified registered
nurse anesthetist" means a
registered nurse who holds a valid
certificate of authority issued
under this chapter that
authorizes the practice of nursing as a
certified registered
nurse anesthetist in accordance with section
4723.43 of the
Revised Code and rules adopted by the board of
nursing. (H)
"Clinical nurse specialist" means a registered
nurse who
holds a valid certificate of authority issued under
this chapter
that authorizes the practice of nursing as a
clinical nurse
specialist in accordance with section 4723.43 of
the Revised Code
and rules adopted by the board
of nursing. (I)
"Certified nurse-midwife" means a registered nurse who
holds a valid certificate of authority issued under this chapter
that authorizes the practice of nursing as a certified
nurse-midwife in
accordance with section 4723.43 of the Revised
Code and rules adopted by the board of nursing. (J)
"Certified nurse practitioner" means a registered nurse
who holds a valid certificate of authority issued under this
chapter that authorizes the practice of nursing as a certified
nurse
practitioner in accordance with section 4723.43 of the
Revised Code and rules adopted by the board of
nursing. (K)
"Physician" means an individual
authorized under Chapter
4731. of
the Revised Code to practice
medicine and surgery or
osteopathic medicine and surgery. (L)
"Collaboration" or
"collaborating" means the
following: (1) In the case of a clinical nurse specialist, except
as
provided in division (L)(3) of this section, or a
certified nurse
practitioner, that one or more podiatrists acting
within the scope
of
practice of podiatry in accordance with section 4731.51 of the
Revised Code and with whom the nurse has entered into a
standard
care arrangement or one or more physicians
with whom the nurse has
entered into a
standard care arrangement are continuously
available to communicate with the clinical nurse specialist or
certified nurse practitioner either in person or by radio,
telephone, or
other form of telecommunication; (2) In the case of a certified nurse-midwife, that one
or
more physicians with whom the certified nurse-midwife has entered
into
a standard care arrangement are
continuously available to
communicate with the certified nurse-midwife
either in person or
by radio, telephone, or other form of
telecommunication; (3) In the case of a clinical nurse specialist who practices
the nursing specialty of mental health or psychiatric
mental
health without being authorized to prescribe drugs and therapeutic
devices, that one or more physicians are
continuously
available to
communicate with the nurse either in person or by radio,
telephone, or other form of telecommunication. (M)
"Supervision," as it pertains to a certified
registered
nurse
anesthetist, means that the certified
registered nurse
anesthetist is under the direction of a podiatrist acting
within
the podiatrist's scope of practice in accordance with section
4731.51
of the Revised
Code, a dentist acting within the dentist's
scope of practice in accordance with Chapter
4715. of the Revised
Code, or a physician, and, when administering
anesthesia, the
certified registered nurse anesthetist is in the immediate
presence of the podiatrist, dentist, or physician. (N)
"Standard care arrangement," except as it
pertains to an
advanced practice nurse, means a
written, formal guide for
planning and evaluating a patient's health care that
is developed
by one or more collaborating
physicians or podiatrists and a
clinical nurse
specialist, certified nurse-midwife, or certified
nurse practitioner and meets
the requirements of section 4723.431
of the
Revised Code. (O)
"Advanced practice nurse," until three years and eight
months
after May 17, 2000, means a
registered nurse who is
approved by the
board of nursing under section 4723.55 of the
Revised Code
to practice as an advanced practice nurse certified registered nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner. (P)
"Dialysis care" means the care and procedures that a
dialysis technician is authorized to provide and perform, as
specified in
section 4723.72 of the Revised Code. (Q)
"Dialysis technician" means an individual who holds a
current, valid certificate or temporary certificate issued under
this chapter
that authorizes the individual to practice as a
dialysis technician in
accordance with section 4723.72 of the
Revised Code. (R) "Certified community health worker" means an individual who holds a current, valid certificate as a community health worker issued by the board of nursing under section 4723.85 of the Revised Code.
Sec. 4723.03. (A) No person shall engage in the practice
of
nursing as a registered nurse, represent the person as
being a
registered nurse, or use the title
"registered nurse," the
initials
"R.N.," or any other title implying that the person is a
registered nurse, for a fee, salary, or other consideration, or
as
a volunteer, without holding a current, valid license as a
registered nurse under this chapter. (B) No person shall engage in the practice of nursing as a
licensed practical nurse, represent the
person as
being a
licensed
practical nurse, or use the title
"licensed practical
nurse," the
initials
"L.P.N.," or any other title implying that
the person is
a licensed practical nurse, for a fee, salary, or
other
consideration, or as a volunteer, without holding a current,
valid license as a practical nurse under this chapter. (C) No person shall use the titles or initials
"graduate
nurse,"
"G.N.,"
"professional nurse,"
"P.N.,"
"graduate practical
nurse,"
"G.P.N.,"
"practical nurse,"
"P.N.,"
"trained nurse,"
"T.N.," or any other statement, title, or initials that would
imply or represent to the public that the person is authorized to
practice nursing in this state, except as follows: (1) A person licensed under this chapter to practice nursing
as a registered
nurse may use that title and the initials
"R.N."; (2) A person licensed
under this chapter to practice nursing
as a licensed practical
nurse may use that title and the initials
"L.P.N."; (3) A person authorized under this chapter to practice
nursing as a certified registered nurse anesthetist may use that
title, the initials
"C.R.N.A." or
"N.A.," and
any other title or
initials approved by the board of nursing; (4) A person authorized under this chapter to practice
nursing as a clinical nurse specialist may use that title, the
initials
"C.N.S.," and any other title or
initials approved by the
board; (5) A person authorized under this chapter to practice
nursing as a certified nurse-midwife may use that title, the
initials
"C.N.M.," and any other title
or initials approved by the
board; (6) A person authorized under this chapter to practice
nursing as a certified nurse practitioner may use that title, the
initials
"C.N.P.," and any other
title or initials approved by the
board; (7) A person authorized under this chapter to practice as a certified registered nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner may use the title "advanced practice nurse," the initials "A.P.N.," and any other title or initials approved by the board. (D) No person shall employ a person not licensed as a
registered nurse under this chapter to engage in the practice of
nursing as a registered nurse. No person shall employ a person
not licensed as a practical nurse under this chapter to engage in
the practice of nursing as a licensed practical nurse. (E) No person shall sell or fraudulently
obtain or furnish
any nursing diploma, license, certificate, renewal, or record, or
aid or abet such acts.
Sec. 4723.28. (A) The board of nursing, by a vote of
a
quorum, may revoke
or may refuse to grant a nursing license,
certificate of
authority, or dialysis technician
certificate
to a
person
found by
the board to have committed fraud in passing an
examination
required to obtain the license, certificate of
authority, or
dialysis technician certificate or to have committed
fraud,
misrepresentation, or
deception in applying for or securing
any
nursing license,
certificate of authority, or dialysis
technician
certificate
issued by the
board. (B)
Subject to division (N) of this section, the board of
nursing,
by a vote of a
quorum, may
impose one or more of the
following sanctions: deny,
revoke,
suspend, or place restrictions
on any nursing
license,
certificate
of authority, or dialysis
technician
certificate issued by
the
board; reprimand or otherwise
discipline a holder of a
nursing
license, certificate of
authority, or dialysis technician
certificate; or impose a fine of
not more than five hundred
dollars
per violation. The sanctions
may be imposed for any of
the
following: (1) Denial, revocation, suspension, or restriction of
authority to
practice a
health
care
occupation, including nursing
or practice
as a dialysis technician, for any reason other than a
failure to renew, in Ohio or another state or jurisdiction; (2) Engaging in the practice of nursing or engaging in
practice as a
dialysis technician, having failed to
renew a
nursing license or dialysis technician certificate
issued under
this chapter, or while a nursing license or dialysis
technician
certificate is under
suspension; (3) Conviction of, a plea of guilty to, a judicial
finding
of guilt of, a judicial finding of guilt resulting from a
plea of
no contest to, or a judicial finding of eligibility for
intervention
in lieu of conviction for, a misdemeanor committed in
the course of
practice; (4) Conviction of, a plea of guilty to, a judicial
finding
of guilt of, a judicial finding of guilt resulting from a
plea of
no contest to, or a judicial finding of eligibility for
intervention
in
lieu of conviction for, any felony or of any crime
involving gross
immorality or moral turpitude; (5) Selling, giving away, or administering drugs or
therapeutic devices for
other than legal and legitimate
therapeutic purposes; or conviction of,
a plea of guilty to, a
judicial finding of guilt of, a
judicial finding of guilt
resulting from a plea of no contest to, or a
judicial finding of
eligibility for intervention in lieu of conviction
for, violating
any municipal, state, county, or federal drug law; (6) Conviction of, a plea of guilty to, a judicial
finding
of guilt of, a judicial finding of guilt resulting from a
plea of
no contest to, or a judicial finding of eligibility for
intervention
in lieu of conviction for, an act in another
jurisdiction that
would
constitute a felony or a crime of moral
turpitude in Ohio; (7) Conviction of, a plea of guilty to, a judicial
finding
of guilt of, a judicial finding of guilt resulting from a
plea of
no contest to, or a judicial finding of eligibility for
intervention
in lieu of conviction for, an act in the course of
practice in
another
jurisdiction that would constitute a
misdemeanor in Ohio; (8) Self-administering or otherwise taking into the body
any
dangerous drug, as defined in section 4729.01 of the Revised Code,
in any way not in accordance with a legal,
valid
prescription
issued for that individual; (9) Habitual indulgence in the use of controlled
substances,
other habit-forming drugs, or alcohol or other
chemical substances
to an extent that impairs ability to
practice; (10) Impairment of the ability to practice according to
acceptable and prevailing standards of safe nursing care because
of habitual or excessive use
of
drugs, alcohol, or other chemical
substances that impair the ability to practice; (11) Impairment of the ability to practice according to
acceptable and
prevailing standards of safe nursing care because
of a physical or mental
disability; (12) Assaulting or causing harm to a patient or depriving
a
patient of the means to summon assistance; (13) Obtaining or attempting to obtain money or anything
of
value by intentional misrepresentation or material deception
in
the course of practice; (14) Adjudication by a probate court of being mentally ill
or mentally
incompetent. The board may restore the person's
nursing license or
dialysis technician certificate upon
adjudication
by a probate court of the person's restoration to
competency or
upon submission to the board of other proof of
competency. (15) The suspension or termination of employment by the
department of defense or the veterans administration of the
United
States for any act that violates or would violate this
chapter; (16) Violation of this chapter or any rules adopted under
it; (17) Violation of any restrictions placed on a nursing
license or
dialysis technician certificate by
the board; (18) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4723.07 of
the Revised Code; (19) Failure to practice in accordance with acceptable
and
prevailing standards of safe nursing care or safe dialysis care; (20) In the case of a registered nurse, engaging in
activities that exceed the practice of nursing as a registered
nurse; (21) In the case of a licensed practical nurse, engaging
in
activities that exceed the practice of nursing as a licensed
practical nurse; (22) In the case of a dialysis technician, engaging in
activities that
exceed those permitted under section 4723.72 of
the Revised Code; (23) Aiding and abetting a person in
that person's practice
of
nursing without a license or practice as a dialysis technician
without a
certificate issued under this chapter; (24) In the case of a certified registered nurse
anesthetist,
clinical nurse specialist,
certified nurse-midwife, or
certified nurse practitioner,
or
advanced practice nurse, except
as provided in division (M) of this
section, either of the
following: (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 such nursing
services, would otherwise 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; (b) Advertising that the nurse 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 such nursing services, would otherwise be required to
pay. (25) Failure to comply with the terms and conditions of
participation in
the chemical dependency monitoring program
established under section
4723.35 of the Revised Code; (26) Failure to comply with the terms and conditions
required under the
practice intervention and improvement program
established under section
4723.282 of the Revised Code; (27) In the case of a certified registered nurse
anesthetist,
clinical
nurse specialist, certified nurse-midwife,
or certified nurse
practitioner: (a) Engaging in activities that exceed those
permitted for
the nurse's nursing specialty under section 4723.43 of the
Revised
Code; (b) Failure to meet the quality assurance standards
established under section 4723.07 of the
Revised Code. (28) In the case of a clinical nurse specialist,
certified
nurse-midwife, or certified nurse practitioner, failure to
maintain a standard
care arrangement in accordance with section
4723.431 of the
Revised Code or to practice in accordance with the
standard
care arrangement; (29) In the case of a
clinical nurse specialist, certified
nurse-midwife,
or certified nurse practitioner who holds a
certificate to
prescribe issued under section 4723.48 of the
Revised Code, failure to prescribe drugs and
therapeutic devices
in accordance with section 4723.481 of the
Revised Code; (30) Prescribing any drug or device
to perform or induce an
abortion, or otherwise performing or inducing an
abortion; (31) Failure to establish and maintain professional
boundaries with a patient, as specified in rules adopted under
section 4723.07
of the Revised Code; (32) Regardless of whether the contact or verbal behavior
is
consensual, engaging with a patient other than the spouse of the
registered
nurse, licensed practical nurse, or dialysis technician
in any of the following: (a) Sexual contact, as defined in section 2907.01 of the
Revised Code; (b) Verbal behavior that is sexually demeaning to the
patient or
may be reasonably interpreted by the patient as
sexually demeaning.
(33) Assisting suicide as defined in section 3795.01 of the
Revised Code. (C) Disciplinary actions taken by the board under divisions
(A)
and (B) of this section shall be taken pursuant to an
adjudication
conducted under Chapter 119. of the Revised Code,
except that in lieu of a hearing,
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 a vote of a quorum, 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
agreement shall be of no effect. (D) The hearings of the board shall be conducted in
accordance
with Chapter 119. of the Revised Code, the board may
appoint a hearing examiner, as
provided in section 119.09 of the
Revised Code, to conduct any hearing the board is
authorized
to
hold under Chapter 119. of the Revised Code. In any instance in which the board is required under Chapter
119.
of the Revised Code to give notice of an opportunity for a
hearing and the applicant or
license holder does not make a timely
request for 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 vote of a quorum, a final order that contains the
board's
findings. In the final order, the board may order any of
the sanctions listed
in division (A) or (B) of this section. (E) If a criminal action is brought against a registered
nurse,
licensed
practical nurse, or dialysis
technician for an
act
or crime described in divisions (B)(3) to (7)
of this section and
the action is dismissed by the trial court
other than on the
merits, the board shall conduct an
adjudication to determine
whether the
registered nurse, licensed practical nurse, or
dialysis technician
committed the act
on which the action was
based. If the board determines on the
basis of the adjudication
that the registered nurse,
licensed practical nurse, or dialysis
technician committed the act,
or if the registered nurse, licensed
practical nurse,
or dialysis technician fails to participate in
the
adjudication, the
board may take action as though the
registered nurse,
licensed practical nurse, or dialysis technician
had been
convicted of the act. If the board takes action on the basis of a conviction,
plea,
or a judicial
finding as described
in divisions (B)(3) to (7)
of
this section that is overturned on
appeal, the registered
nurse,
licensed practical
nurse, or dialysis technician may, on
exhaustion of the appeal
process, petition the board for
reconsideration of its action.
On receipt of the petition and
supporting court documents, the
board shall temporarily rescind
its action. If the board
determines that the decision on appeal
was a decision on the
merits, it shall permanently rescind its
action. If the board
determines that the decision on appeal was
not a decision on the
merits, it shall conduct an
adjudication
to determine
whether the registered nurse, licensed practical
nurse, or dialysis technician committed the act on which the
original conviction, plea, or judicial finding was
based.
If the
board determines on the basis of the adjudication
that the
registered nurse, licensed practical nurse, or
dialysis technician
committed such act, or if the
registered nurse, licensed practical
nurse, or dialysis technician does
not request an adjudication,
the board shall reinstate
its action;
otherwise, the board shall
permanently rescind its action. Notwithstanding the provision of division (C)(2) of section
2953.32 of the Revised Code specifying that if records pertaining
to a criminal case are sealed under that section the proceedings
in the case shall be deemed not to have occurred, sealing of the
records of a conviction on which the board has based an action
under this section shall have no effect on the board's action or
any sanction imposed by the board under this section. The board shall not be required to
seal, destroy, redact, or
otherwise modify its records to reflect the court's
sealing of
conviction records. (F) The board may investigate an individual's criminal
background
in performing its duties under this section. (G) During the course of an investigation conducted under
this section, the board
may compel any registered nurse,
licensed
practical nurse, or dialysis technician or applicant under this
chapter to submit to a
mental or physical
examination, or both, as
required by the board and at the expense
of the individual, if the
board finds reason to believe that the
individual under
investigation may have a physical or mental impairment that
may
affect the individual's ability to provide safe nursing care.
Failure
of any individual to submit to a
mental or physical
examination when directed constitutes an
admission of the
allegations, 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 that an individual
is impaired, the board
shall require the individual to submit to
care, counseling, or
treatment approved or designated by the
board, as a condition for
initial, continued, reinstated, or
renewed authority to practice.
The individual shall
be afforded
an opportunity to demonstrate to
the board that the individual can
begin or resume
the individual's
occupation in compliance with acceptable and
prevailing
standards
of care under the provisions of the individual's authority
to
practice.
For purposes
of this division, any
registered nurse,
licensed practical nurse, or dialysis technician or
applicant
under this chapter
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. (H) The board shall investigate evidence that appears to
show that any person has violated any provision of this chapter
or
any rule of the board. Any person may report to the board any
information the person may have that appears to show a violation
of any provision of this chapter or rule of the board. In the
absence of bad faith, any person who reports such information or
who testifies before the board in any adjudication
conducted under
Chapter 119. of the Revised Code shall not be
liable for civil
damages as a result of the report or testimony. (I) All of the following apply under this chapter with
respect to
the confidentiality of information: (1) Information received by the board pursuant to an
investigation is confidential and not subject to discovery in any
civil action, except that the board may disclose information to
law
enforcement officers and government entities investigating a
registered
nurse, licensed practical nurse, or dialysis
technician
or a person who may have engaged in the unauthorized practice of
nursing. No law enforcement officer or government entity with
knowledge of any information disclosed by the board pursuant to
this division
shall divulge the information to any other person or
government entity except
for the purpose of an adjudication by a
court or licensing or registration
board or officer to which the
person to whom the information relates is a
party. (2) If an investigation requires a review of
patient
records,
the investigation and proceeding shall be conducted in
such a
manner as to protect patient confidentiality. (3) All adjudications and investigations of
the board shall
be
considered civil actions for the purposes of section 2305.252
of
the Revised Code. (4) Any board activity that involves continued
monitoring of
an individual as part of or following any disciplinary action
taken under this section shall be conducted in a manner that
maintains the
individual's confidentiality. Information received
or maintained by the board
with respect to the board's monitoring
activities is confidential and not
subject to discovery in any
civil action. (J) Any action taken by the board under this section
resulting in a suspension from practice shall be accompanied by a
written statement of the conditions under which the person may be
reinstated to practice. (K) When the board refuses to grant a license or
certificate
to an applicant, revokes a license or
certificate, or refuses to
reinstate a license or certificate, the board may
specify that its
action is permanent. An individual subject to permanent
action
taken by the board is forever ineligible to hold a license or
certificate of the type that was refused or revoked and the board
shall not
accept from the individual an application for
reinstatement of the license or
certificate or for a new license
or certificate. (L) No unilateral surrender of a nursing license,
certificate of authority, or dialysis technician certificate
issued
under this
chapter shall be effective unless accepted by
majority vote of
the board. No application for a nursing license,
certificate
of authority, or dialysis technician certificate
issued under this
chapter may be withdrawn without a majority vote
of the board. The board's
jurisdiction to take disciplinary
action under this section is not removed or
limited when an
individual has a license or certificate
classified as inactive or
fails to renew a license or certificate. (M) Sanctions shall not be imposed under
division (B)(24) of
this section against any licensee 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
licensed pursuant to this chapter to the extent allowed by this
chapter and the rules of the board. (N)(1) Any person who enters
a prelicensure nursing
education program on or after June 1, 2003,
and who subsequently
applies under division (A) of section 4723.09
of the Revised Code
for licensure to practice as a
registered
nurse or as a licensed
practical nurse and any person who applies
under division (B) of
that section for license by endorsement to
practice nursing as a
registered nurse or as a licensed practical
nurse shall submit a
request to the bureau of
criminal
identification and investigation
for the bureau to conduct a
criminal records check of the
applicant and to send the results to
the board, in accordance with
section 4723.09 of the Revised Code. The board shall refuse to grant a license to practice
nursing
as a registered nurse or as a licensed practical nurse
under
section 4723.09 of the Revised Code to a person who entered a
prelicensure nursing education program on or after June 1, 2003,
and applied under division (A) of section 4723.09 of the Revised
Code for the license or a person who applied under division (B) of
that section for the license, if the
criminal records check
performed in accordance with division (C) of
that section
indicates that the person has pleaded guilty to, been
convicted
of, or has had a judicial finding of guilt for violating
section
2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02,
2907.03,
2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code
or a
substantially similar law of another state, the United
States, or
another country. (2) Any person who enters
a dialysis training program on or
after June 1, 2003,
and who
subsequently applies for a certificate
to practice as a
dialysis
technician shall submit a request to the
bureau of criminal
identification and
investigation for the bureau
to conduct a
criminal records check of the applicant and to send
the results to
the board, in accordance with section 4723.75 of
the Revised
Code. The board shall refuse to issue a certificate to
practice as
a dialysis technician under section 4723.75 of the
Revised Code to
a person who entered a dialysis training program on or after June
1, 2003, and whose criminal records check performed in
accordance
with division (C) of that section indicates that the
person has
pleaded guilty to, been convicted of, or has had a
judicial
finding of guilt for violating section 2903.01, 2903.02,
2903.03,
2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02,
2911.01, or
2911.11 of the Revised Code or a substantially similar
law of
another state, the United States, or another country.
Sec. 4723.44. (A) No person shall do any of the following unless
the person
holds a current, valid certificate
of authority to practice nursing as a certified
registered nurse anesthetist, clinical nurse specialist,
certified nurse-midwife, or certified nurse practitioner issued by the
board of
nursing under this chapter: (1) Engage in the practice of nursing as a certified
registered nurse anesthetist, clinical nurse specialist,
certified nurse-midwife, or certified nurse practitioner for a fee, salary, or
other consideration, or as a volunteer; (2) Represent the person as being a
certified
registered
nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or
certified nurse practitioner; (3) Use any title or initials implying that the person is a
certified registered nurse anesthetist, clinical nurse
specialist, certified nurse-midwife, or certified nurse practitioner; (4) Represent the person as being an advanced practice nurse; (5) Use any title or initials implying that the person is an advanced practice nurse. (B) No person who is not certified by the
national council on certification of nurse anesthetists of the
American association of nurse anesthetists, the national
council on recertification of nurse anesthetists of the
American association of nurse anesthetists, or another
national certifying organization approved by the board under
section 4723.46 of the Revised Code shall use
the
title "certified registered nurse anesthetist" or the
initials "C.R.N.A.," or
any other title or initial implying that the person has been
certified by the council or
organization. (C) No certified registered nurse anesthetist,
clinical nurse specialist, certified nurse-midwife, or certified nurse
practitioner shall do any of the following: (1) Engage, for a fee, salary, or other consideration,
or as a volunteer, in the practice of a nursing specialty other
than the specialty designated on the nurse's current, valid certificate
of authority issued by the board under this chapter; (2) Represent the person as being
authorized to practice any nursing specialty other than the specialty
designated on the current, valid certificate; (3) Use the title "certified registered nurse
anesthetist" or the initials "N.A." or "C.R.N.A.," the title "clinical nurse
specialist" or the initials
"C.N.S.," the title "certified nurse-midwife" or the initials
"C.N.M.," the title "certified nurse
practitioner" or the initials
"C.N.P.," or any other title or
initials implying that the nurse is authorized to practice any nursing
specialty other than the specialty designated on the nurse's current,
valid certificate; (4) Enter into a standard care arrangement with a physician or podiatrist
whose practice is not the same as or similar to the nurse's nursing
specialty; (5) Prescribe drugs or therapeutic devices unless the
nurse holds a current, valid certificate to prescribe issued
under section 4723.48 of the Revised Code; (6) Prescribe drugs or
therapeutic devices under a certificate to prescribe in a manner that does not
comply with section 4723.481 of the
Revised Code; (7) Prescribe any drug or device to perform or induce an
abortion, or otherwise Perform or induce an abortion. (D) No person shall knowingly employ a person
to engage in the practice of nursing as a certified registered
nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or
certified nurse practitioner unless the person so employed holds a current,
valid certificate of authority to engage in that nursing
specialty issued by the board under this chapter. (E) A certificate certified by the executive director
of the board, under the official seal of the
board, to the effect that it appears from the
records that no certificate of authority to practice
nursing as a certified registered nurse
anesthetist, clinical nurse specialist, certified nurse-midwife, or certified
nurse
practitioner has been issued to any person specified therein,
or that a certificate, if issued, has been revoked or suspended,
shall be received as prima-facie evidence of the record in any
court or before any officer of the state.
Sec. 4723.48. (A) A clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner seeking authority
to prescribe
drugs and
therapeutic devices shall file with the
board of nursing a written
application for a certificate to
prescribe. The board of nursing
shall issue a certificate to
prescribe to each applicant who meets
the requirements specified
in section 4723.482 or 4723.484 of the
Revised Code. Except as provided in division (B) of this section, the
initial
certificate to prescribe that the board issues to an
applicant shall be issued
as an externship certificate. Under an
externship certificate,
the nurse may obtain
experience in
prescribing drugs and therapeutic devices by
participating in an
externship that evaluates the nurse's
competence, knowledge, and
skill in pharmacokinetic principles and
their clinical application
to the specialty being practiced.
During the externship, the
nurse may prescribe drugs and
therapeutic devices only when one or
more physicians are providing
supervision in accordance with rules
adopted under section 4723.50
of the Revised Code. After completing the
externship, the holder of an externship
certificate may apply for a new
certificate
to prescribe. On
receipt of the new certificate, the nurse may
prescribe drugs and
therapeutic devices in collaboration with one
or more physicians
or podiatrists. (B) In the case of an advanced practice nurse an applicant who
on May
17,
2000, is was approved
under section 4723.56 of the Revised Code to
prescribe
drugs and therapeutic devices, the initial certificate
to prescribe that the
board issues to the nurse applicant under this section
shall not be an externship
certificate.
The nurse applicant shall be issued
a certificate to prescribe that permits
the nurse recipient to prescribe
drugs and therapeutic devices in
collaboration with one or more
physicians or podiatrists.
Sec. 4723.482. (A) An applicant shall include with the
application submitted under section
4723.48 of the Revised Code all of the following: (1) Subject to section 4723.483 of the Revised Code,
evidence of
holding a current, valid certificate of authority issued under
section 4723.41 of the Revised Code to practice as a
clinical
nurse specialist, certified nurse-midwife, or certified nurse practitioner; (2) Except for an advanced practice
nurse a person who on the effective date of this section is May 17, 2000, was approved under
section 4723.56 of the Revised Code to prescribe drugs and
therapeutic devices,
evidence of successfully completing the instruction in
advanced pharmacology and related topics specified in division
(B) of this section; (3) The fee required by section 4723.08 of the Revised
Code for
a certificate to prescribe; (4) Any additional information the board requires pursuant to
rules adopted under section 4723.50 of the Revised Code. (B) All of the following apply to the instruction required under
division (A)(2) of this section: (1) The instruction must be obtained not longer than three years
before the application for the certificate to prescribe is filed. (2) The instruction must be obtained through a course of study
consisting of planned classroom and clinical study that is approved
by the board of nursing in accordance with standards established in
rules adopted under section 4723.50 of the Revised Code. (3) The content of the instruction must be specific to the
applicant's nursing specialty and include all of the following: (a) A minimum of thirty contact hours of training in advanced
pharmacology that includes pharmacokinetic principles and clinical application
and the use of
drugs and therapeutic devices in the prevention of illness and
maintenance of health; (b) Training in the fiscal and ethical implications of
prescribing drugs and therapeutic devices; (c) Training in the state and federal laws that apply to the
authority to prescribe; (d) Any additional training required pursuant to rules
adopted
under section 4723.50 of the Revised Code.
Sec. 4729.01. As used in this chapter:
(A) "Pharmacy," except when used in a context that refers to the practice of pharmacy, means any area, room, rooms, place of business, department, or portion of any of the foregoing where the practice of pharmacy is conducted.
(B) "Practice of pharmacy" means providing pharmacist care requiring specialized knowledge, judgment, and skill derived from the principles of biological, chemical, behavioral, social, pharmaceutical, and clinical sciences. As used in this division, "pharmacist care" includes the following:
(1) Interpreting prescriptions; (2) Compounding or dispensing drugs and dispensing drug therapy related devices;
(3) Counseling individuals with regard to their drug therapy, recommending drug therapy related devices, and assisting in the selection of drugs and appliances for treatment of common diseases and injuries and providing instruction in the proper use of the drugs and appliances; (4) Performing drug regimen reviews with individuals by discussing all of the drugs that the individual is taking and explaining the interactions of the drugs;
(5) Performing drug utilization reviews with licensed health professionals authorized to prescribe drugs when the pharmacist determines that an individual with a prescription has a drug regimen that warrants additional discussion with the prescriber;
(6) Advising an individual and the health care professionals treating an individual with regard to the individual's drug therapy; (7) Acting pursuant to a consult agreement with a physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery, if an agreement has been established with the physician; (8) Administering the adult immunizations specified in section 4729.41 of the Revised Code, if the pharmacist has met the requirements of that section.
(C) "Compounding" means the preparation, mixing, assembling, packaging, and labeling of one or more drugs in any of the following circumstances: (1) Pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs;
(2) Pursuant to the modification of a prescription made in accordance with a consult agreement;
(3) As an incident to research, teaching activities, or chemical analysis; (4) In anticipation of prescription drug orders based on routine, regularly observed dispensing patterns.
(D) "Consult agreement" means an agreement to manage an individual's drug therapy that has been entered into by a pharmacist and a physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.
(1) Any article recognized in the United States pharmacopoeia and national formulary, or any supplement to them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals; (2) Any other article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;
(3) Any article, other than food, intended to affect the structure or any function of the body of humans or animals;
(4) Any article intended for use as a component of any article specified in division (C)(E)(1), (2), or (3) of this section; but does not include devices or their components, parts, or accessories.
(F) "Dangerous drug" means any of the following: (1) Any drug to which either of the following applies:
(a) Under the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is required to bear a label containing the legend "Caution: Federal law prohibits dispensing without prescription" or "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian" or any similar restrictive statement, or the drug may be dispensed only upon a prescription;
(b) Under Chapter 3715. or 3719. of the Revised Code, the drug may be dispensed only upon a prescription.
(2) Any drug that contains a schedule V controlled substance and that is exempt from Chapter 3719. of the Revised Code or to which that chapter does not apply;
(3) Any drug intended for administration by injection into the human body other than through a natural orifice of the human body. (G) "Federal drug abuse control laws" has the same meaning as in section 3719.01 of the Revised Code.
(H) "Prescription" means a written, electronic, or oral order for drugs or combinations or mixtures of drugs to be used by a particular individual or for treating a particular animal, issued by a licensed health professional authorized to prescribe drugs.
(I) "Licensed health professional authorized to prescribe drugs" or "prescriber" means an individual who is authorized by law to prescribe drugs or dangerous drugs or drug therapy related devices in the course of the individual's professional practice, including only the following:
(1) A dentist licensed under Chapter 4715. of the Revised Code;
(2) Until January 17, 2000, an advanced practice nurse approved under section 4723.56 of the Revised Code to prescribe drugs and therapeutic devices; (3) A clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner who holds a certificate to prescribe issued under section 4723.48 of the Revised Code;
(4)(3) An optometrist licensed under Chapter 4725. of the Revised Code to practice optometry under a therapeutic pharmaceutical agents certificate;
(5)(4) A physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatry;
(6)(5) A veterinarian licensed under Chapter 4741. of the Revised Code.
(J) "Sale" and "sell" include delivery, transfer, barter, exchange, or gift, or offer therefor, and each such transaction made by any person, whether as principal proprietor, agent, or employee. (K) "Wholesale sale" and "sale at wholesale" mean any sale in which the purpose of the purchaser is to resell the article purchased or received by the purchaser.
(L) "Retail sale" and "sale at retail" mean any sale other than a wholesale sale or sale at wholesale. (M) "Retail seller" means any person that sells any dangerous drug to consumers without assuming control over and responsibility for its administration. Mere advice or instructions regarding administration do not constitute control or establish responsibility.
(N) "Price information" means the price charged for a prescription for a particular drug product and, in an easily understandable manner, all of the following:
(1) The proprietary name of the drug product;
(2) The established (generic) name of the drug product; (3) The strength of the drug product if the product contains a single active ingredient or if the drug product contains more than one active ingredient and a relevant strength can be associated with the product without indicating each active ingredient. The established name and quantity of each active ingredient are required if such a relevant strength cannot be so associated with a drug product containing more than one ingredient.
(5) The price charged for a specific quantity of the drug product. The stated price shall include all charges to the consumer, including, but not limited to, the cost of the drug product, professional fees, handling fees, if any, and a statement identifying professional services routinely furnished by the pharmacy. Any mailing fees and delivery fees may be stated separately without repetition. The information shall not be false or misleading. (O) "Wholesale distributor of dangerous drugs" means a person engaged in the sale of dangerous drugs at wholesale and includes any agent or employee of such a person authorized by the person to engage in the sale of dangerous drugs at wholesale. (P) "Manufacturer of dangerous drugs" means a person, other than a pharmacist, who manufactures dangerous drugs and who is engaged in the sale of those dangerous drugs within this state.
(Q) "Terminal distributor of dangerous drugs" means a person who is engaged in the sale of dangerous drugs at retail, or any person, other than a wholesale distributor or a pharmacist, who has possession, custody, or control of dangerous drugs for any purpose other than for that person's own use and consumption, and includes pharmacies, hospitals, nursing homes, and laboratories and all other persons who procure dangerous drugs for sale or other distribution by or under the supervision of a pharmacist or licensed health professional authorized to prescribe drugs. (R) "Promote to the public" means disseminating a representation to the public in any manner or by any means, other than by labeling, for the purpose of inducing, or that is likely to induce, directly or indirectly, the purchase of a dangerous drug at retail.
(S) "Person" includes any individual, partnership, association, limited liability company, or corporation, the state, any political subdivision of the state, and any district, department, or agency of the state or its political subdivisions.
(T) "Finished dosage form" has the same meaning as in section 3715.01 of the Revised Code. (U) "Generically equivalent drug" has the same meaning as in section 3715.01 of the Revised Code.
(V) "Animal shelter" means a facility operated by a humane society or any society organized under Chapter 1717. of the Revised Code or a dog pound operated pursuant to Chapter 955. of the Revised Code. (W) "Food" has the same meaning as in section 3715.01 of the Revised Code.
Sec. 4731.22. (A) The state medical board,
by 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 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 certificate to practice or certificate of
registration issued
by the board. (B) The board, by an affirmative
vote of not fewer than
six
members, shall, to the extent permitted by law, limit,
revoke, or
suspend an individual's certificate to
practice, refuse to
register an individual, refuse
to reinstate 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 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, giving away, personally furnishing,
prescribing, or
administering drugs for other than legal and
legitimate therapeutic purposes
or a plea of guilty to, a judicial
finding of guilt of, or a
judicial finding of eligibility for
intervention 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 purposes of this division, "willfully betraying a
professional
confidence" does not include providing any
information, documents, or reports
to a child fatality review
board under sections 307.621 to 307.629 of the
Revised Code and
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.
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) 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, podiatric medicine and surgery, 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 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, a judicial finding of guilt
of, or
a judicial finding of eligibility for
intervention 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, a judicial finding of guilt
of, or
a judicial finding of eligibility for
intervention 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; (13) A plea of guilty to, a judicial finding of guilt
of, or
a judicial finding of eligibility for
intervention 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; (15) Violation of the conditions of limitation placed by
the
board upon a certificate to practice; (16) Failure to pay license renewal fees specified in this
chapter; (17) Except as authorized in section 4731.31 of the Revised
Code,
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) 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 that
the board specifies by
rule. The
state medical board shall
obtain and keep on file current copies
of the codes of ethics of
the various national professional
organizations. The
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
individual's profession. For purposes of this division, a "provision of a code
of
ethics of a national professional organization" does not
include
any provision 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. 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 enforcing this division, the board, upon a
showing of a
possible violation, may compel any individual
authorized to
practice by this chapter or
who has
submitted an application
pursuant to this chapter
to submit to a mental examination,
physical
examination, including an HIV test, or both a mental
and
a physical
examination. The expense of the
examination is the
responsibility of the individual compelled to be
examined.
Failure
to submit to a mental or physical examination
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 an
individual unable
to practice because of the reasons
set forth in
this division, the
board shall require the 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
authority to practice. An
individual
affected under this division
shall be
afforded an opportunity to demonstrate to the board 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 who
applies for or receives a certificate to
practice under this
chapter accepts the privilege of
practicing in
this state and, by
so doing, 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 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 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
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. 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) Any of the following actions taken by the agency
responsible for regulating the practice of medicine and surgery,
osteopathic
medicine and surgery, podiatric medicine and surgery,
or the limited branches of medicine in
another jurisdiction, for
any reason other than the
nonpayment of fees: the
limitation,
revocation, or suspension of an individual's license
to practice;
acceptance of an
individual's license surrender; denial of a
license; refusal to
renew or reinstate
a license; imposition of
probation; or
issuance of an order of censure or other reprimand; (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 department of veterans
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 authorized
to practice
by this chapter accepts
the privilege of
practicing in
this state subject to supervision by the board. By
filing an
application for or
holding a
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 authorized to
practice by
this chapter or any applicant for
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 is the
responsibility of the
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 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 certification to practice, to
submit to treatment. Before being eligible to apply for reinstatement of a
certificate suspended under this division, the
impaired
practitioner shall
demonstrate to the board the 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
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 their determination. The board may reinstate a 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, the board
shall
require continued
monitoring of the 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 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 (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 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
individual; (b) Advertising that the 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 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 fulfill
the
responsibilities agreed to by the
physician
and an advanced
practice nurse
participating in a pilot program under section
4723.52 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)(31) 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)(32) Failure of a physician or podiatrist to enter into 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
or failure to fulfill the
responsibilities of collaboration after entering
into a standard
care arrangement;
(34)(33) Failure to comply with the terms of a consult agreement
entered into with a pharmacist pursuant to section 4729.39 of the
Revised Code;
(35)(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;
(36)(35) Failure to supervise an acupuncturist in accordance
with
Chapter 4762. of the Revised Code and the board's rules for
supervision of an
acupuncturist;
(37)(36) Failure to supervise an anesthesiologist assistant in
accordance with
Chapter 4760. of the Revised Code and the board's
rules for supervision of an
anesthesiologist assistant;
(38)(37) Assisting suicide as defined in section 3795.01 of the
Revised Code.
(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 individual committed the act.
The board
does not have jurisdiction under those divisions if
the
trial court renders a final judgment in the 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 by any court 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,
based upon a plea of guilty,
a judicial finding of guilt, or a
judicial finding of eligibility for intervention in
lieu of
conviction, the board issued a notice of opportunity for
a 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. (F)(1) The board shall investigate evidence that appears
to
show that 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 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
complaint or
allegation of a violation received by the
board shall be assigned
a case number and shall be recorded by
the board. (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. (3) In investigating a possible violation of
this chapter or
any rule adopted
under this chapter, 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 and supervising member
of the board.
Before issuance of a
subpoena for patient record information, the
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.
The subpoena may apply only to
records that cover a
reasonable period of time surrounding the
alleged violation. 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. 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 shall receive the
same fees as a
sheriff. 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. (4) All hearings and investigations of the board shall be
considered civil actions for the purposes of section 2305.252 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 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 of that nature is not required if the board
possesses reliable and
substantial evidence that no bona fide
physician-patient
relationship exists. The board may
share any information it receives pursuant to
an investigation, including
patient records and patient record
information, with law
enforcement agencies, other licensing
boards, and other
governmental
agencies that are prosecuting,
adjudicating, or investigating alleged
violations of statutes or
administrative rules. An agency
or board 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 agency or board that applies when it is
dealing with
other information in its possession. In a judicial
proceeding,
the information
may
be admitted into evidence only 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; (b) The type of 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. (G) If the secretary and supervising member determine that
there is clear and convincing evidence that
an individual 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. The board, upon review of those allegations and by 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 individual
subject to the summary
suspension 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 individual
requests the hearing,
unless
otherwise agreed to by both the board and the 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. (H) If the board takes action under division
(B)(9), (11),
or (13) of this section and the judicial
finding of guilt, guilty
plea, or judicial finding of
eligibility for intervention 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
individual's certificate
to practice. 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 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 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. (I) The certificate 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, is found by a judge
or jury to be guilty of, or is
subject to a judicial
finding of eligibility for intervention in
lieu of conviction in this state
or treatment or intervention in
lieu of conviction in another
jurisdiction for
any of the
following
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.
Continued
practice after suspension shall be considered practicing
without a certificate. 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 adjudication under
Chapter 119. of the
Revised Code,
the board shall enter a final order permanently
revoking the
individual's certificate to practice.
(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
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 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. (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 to practice may be
reinstated. 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. (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,
all of the following apply: (1) The surrender of a 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. (2) An application for a 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. (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. (O) Under the board's investigative duties described in
this
section and subject to division (F) of this section, the
board
shall
develop and implement a quality intervention program
designed to improve
through remedial
education the clinical and
communication skills of individuals authorized
under this chapter
to practice medicine and surgery, osteopathic medicine and
surgery, and podiatric medicine and surgery. 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 pursuant to an investigation
the
board conducts under this section; (2) Select providers of educational and assessment services,
including a
quality intervention program panel of case reviewers; (3) 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
individual
undertaking a recommended individual educational
program. (4) Determine what constitutes successful completion of an
individual educational program and require further monitoring of
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. An individual who participates in an individual
educational
program pursuant
to this division shall pay the financial
obligations arising from that
educational program.
Sec. 4731.295. (A)(1) As used in this section, "indigent
and uninsured person," "nonprofit shelter or health care facility," and
"operation" have
the same meanings as in section 2305.234 of the Revised Code.
(2) For the purposes of this section, a person shall be considered retired
from practice if the person's license or certificate has expired with the
person's intention of
ceasing to practice medicine and
surgery or osteopathic medicine and surgery for remuneration. (B) The state medical board may issue, without examination, a
volunteer's certificate to a person who is retired from practice so that the
person may provide medical services to indigent and uninsured persons at
nonprofit shelters or health care facilities. The board shall deny
issuance of a
volunteer's certificate to a person who is not qualified under this section to
hold a volunteer's certificate. (C) An application for a volunteer's certificate shall include
all of the following: (1) A copy of the applicant's degree of medicine or osteopathic medicine. (2) One of the following, as applicable: (a) A copy of the applicant's most recent license or certificate
authorizing the practice of medicine and surgery or osteopathic medicine and
surgery issued by a jurisdiction in the United States that licenses persons to
practice medicine and surgery or osteopathic medicine and
surgery. (b) A copy of the applicant's most recent license equivalent to a license to
practice medicine and surgery or osteopathic medicine and surgery in one or
more branches of the United States armed services that the
United States government issued. (3) Evidence of one of the following, as applicable: (a) That the applicant has maintained for at least ten years prior to
retirement full licensure in good standing in any jurisdiction in the
United States that licenses persons to practice medicine and
surgery or osteopathic medicine and surgery. (b) That the applicant has practiced for at least ten years prior to
retirement in good standing as a doctor of medicine and surgery or osteopathic
medicine and surgery in one or more of the branches of the United
States armed services. (4) A notarized statement from the applicant, on a form prescribed by the
board, that the applicant will not accept any form of remuneration for any
medical services rendered while in possession of a volunteer's certificate. (D) The holder of a volunteer's certificate may provide medical
services only on the premises of a nonprofit shelter or health care facility
and only to indigent and uninsured persons. The holder shall not accept any
form of remuneration for providing medical services while in possession of the
certificate. Except in a medical emergency, the holder shall not perform any
operation or deliver babies. The board may revoke a volunteer's certificate
on receiving proof satisfactory to the board that the holder has engaged in
practice in this state outside the scope of the certificate. (E)(1) A volunteer's certificate shall be valid for a period of
three years, unless earlier
revoked under division (D) of this section or
pursuant to section 4731.22 of the Revised
Code. A volunteer's certificate
may be renewed upon the application of the holder. The board
shall maintain a register of all persons who hold volunteer's certificates.
The board shall not charge a fee for issuing or renewing a certificate
pursuant to this section. (2) To be eligible for renewal of a volunteer's certificate the holder of
the certificate shall certify to the board completion of one hundred fifty
hours of continuing medical education that meets
the requirements of section 4731.281 of the Revised Code regarding
certification by private associations and
approval by the board. The board may not renew a certificate if
the holder has not complied with the continuing medical education
requirements. The nonprofit shelter or health care facility in Any entity for which the
holder provides medical services may pay for or reimburse the holder for any
costs incurred in obtaining the required continuing medical education
credits. (3) The board shall issue to each person who qualifies under this section
for a volunteer's certificate a wallet certificate and a wall
certificate that
state that the certificate holder is authorized to provide medical services
pursuant to the laws
of this state. The holder shall keep the wallet
certificate on the holder's person
while providing medical services and shall display the wall
certificate prominently in
the nonprofit shelter or health care facility at the location where the holder primarily
practices. (4) The holder of a volunteer's certificate issued pursuant to this section
is subject to the immunity provisions in section 2305.234 of the Revised Code. (F) The board shall adopt rules in accordance with Chapter 119.
of the Revised Code to administer and enforce this section.
Section 2. That existing sections 2305.113, 2305.234, 2711.22, 3701.071, 3719.81, 4713.02, 4715.42, 4723.01, 4723.03, 4723.28, 4723.44, 4723.48, 4723.482, 4729.01, 4731.22, and 4731.295 of the Revised Code are hereby repealed.
Section 3. (A) As used in this section, "health care professional," "health care worker," "indigent and uninsured person," "nonprofit health care referral organization," and "volunteer" have the same meanings as in section 2305.234 of the Revised Code, as amended by this act. (B) The Ohio Medical Malpractice Commission created by Section 4 of Am. Sub. S.B. 281 of the 124th General Assembly shall have the following duties, in addition to the other duties provided by law for the Commission:
(1) To study the affordability and availability of medical malpractice insurance for health care professionals and health care workers who are volunteers and for nonprofit health care referral organizations;
(2) To study the feasibility of whether the state of Ohio should provide catastrophic claims coverage, or an insurance pool of any kind, for health care professionals and health care workers to utilize as volunteers in providing medical, dental, or other health-related diagnosis, care, or treatment to indigent and uninsured persons;
(3) To study the feasibility of whether the state of Ohio should create a fund to provide compensation to indigent and uninsured persons who receive medical, dental, or other health-related diagnosis, care, or treatment from health care professionals or health care workers who are volunteers, for any injury, death, or loss to person or property as a result of the negligence or other misconduct by those health care professionals or workers;
(4) To study whether the Good Samaritan laws of other states offer approaches that are materially different from the Ohio Good Samaritan Law as amended by this act, as contained in section 2305.234 of the Revised Code.
(C) The Commission shall submit a report of its findings regarding all of the matters provided in division (B) of this section to the members of the General Assembly not later than two years after the effective date of this act.
(D) The Department of Insurance shall provide any technical, professional, and clerical employees that are necessary for the Commission to perform its duties under this section. Section 4. This act's amendment of division (A)(7) of section 4713.02 of the Revised Code does not affect the term of office of any person serving as a member of the State Board of Cosmetology on the effective date of this act. Section 5. This act's amendment of division (B)(24) of section 4723.28 of the Revised Code does not remove the authority of the Board of Nursing to conduct investigations and take disciplinary actions regarding a person who engaged in the activities specified in that division while participating in one of the advanced practice nurse pilot programs operated pursuant to sections 4723.52 to 4723.60 of the Revised Code prior to the January 17, 2004, effective date of the repeal of those sections, as provided in Section 3 of Am. Sub. H.B. 241 of the 123rd General Assembly.
Section 6. This act's amendment of division (B)(30) of section 4731.22 of the Revised Code does not remove the State Medical Board's authority to conduct investigations and take disciplinary actions regarding the failure of a collaborating physician to fulfill the responsibilities agreed to by the physician and an advanced practice nurse participating in one of the pilot programs operated pursuant to sections 4723.52 to 4723.60 of the Revised Code prior to the January 17, 2004, effective date of the repeal of those sections, as provided in Section 3 of Am. Sub. H.B. 241 of the 123rd General Assembly. Section 7. Section 2305.234 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 95 and Am. Sub. S.B. 51 of
the 125th General Assembly. Section 4723.28 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 474 and Sub. S.B. 179 of
the 124th General Assembly. Section 4731.22 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 474 and Sub. S.B. 179 of
the 124th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composites are the resulting
versions of the sections in effect prior to the effective date of
the sections as presented in this act.
|