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(128th General Assembly)
(Substitute House Bill Number 215)
AN ACT
To amend sections 119.12, 4715.03, 4715.031, 4715.06,
4715.14, 4715.141, 4715.30, and 4753.06 and to
enact sections 4715.032, 4715.033, 4715.034,
4715.035, 4715.036, 4715.037, 4715.038, 4715.039,
4715.0310, 4753.091, and 5111.0211 of the Revised
Code and to contingently amend Section 3 of Sub.
H.B. 190 of the 128th General Assembly to modify
the laws governing investigations and hearings
conducted by the State Dental Board, to modify the
laws specifying when certain continuing education
requirements for dental hygienists are applicable,
to modify the laws governing the licensure of
audiologists and speech-language pathologists, to
modify the laws governing appeals of
administrative adjudications, and to specify a
situation in which a nursing facility is not
required to submit a Medicaid claim for Medicare
cost-sharing expenses.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 119.12, 4715.03, 4715.031, 4715.06,
4715.14, 4715.141, 4715.30, and 4753.06 be amended and sections
4715.032, 4715.033, 4715.034, 4715.035, 4715.036, 4715.037,
4715.038, 4715.039, 4715.0310, 4753.091, and 5111.0211 of the
Revised Code be enacted to read as follows:
Sec. 119.12. Any party adversely affected by any order of an
agency issued pursuant to an adjudication denying an applicant
admission to an examination, or denying the issuance or renewal of
a license or registration of a licensee, or revoking or suspending
a license, or allowing the payment of a forfeiture under section
4301.252 of the Revised Code may appeal from the order of the
agency to the court of common pleas of the county in which the
place of business of the licensee is located or the county in
which the licensee is a resident, except that appeals from
decisions of the liquor control commission, the state medical
board, state chiropractic board, and board of nursing shall be to
the court of common pleas of Franklin county. If any party
appealing from the order is not a resident of and has no place of
business in this state, the party may appeal to the court of
common pleas of Franklin county.
Any party adversely affected by any order of an agency issued
pursuant to any other adjudication may appeal to the court of
common pleas of Franklin county, except that appeals from orders
of the fire marshal issued under Chapter 3737. of the Revised Code
may be to the court of common pleas of the county in which the
building of the aggrieved person is located and except that
appeals under division (B) of section 124.34 of the Revised Code
from a decision of the state personnel board of review or a
municipal or civil service township civil service commission shall
be taken to the court of common pleas of the county in which the
appointing authority is located or, in the case of an appeal by
the department of rehabilitation and correction, to the court of
common pleas of Franklin county.
This section does not apply to appeals from the department of
taxation.
Any party desiring to appeal shall file a notice of appeal
with the agency setting forth the order appealed from and the
grounds of the party's appeal stating that the agency's order is
not supported by reliable, probative, and substantial evidence and
is not in accordance with law. The notice of appeal may, but need
not, set forth the specific grounds of the party's appeal beyond
the statement that the agency's order is not supported by
reliable, probative, and substantial evidence and is not in
accordance with law. A copy of the The notice of appeal shall also
be filed by the appellant with the court. In filing a notice of
appeal with the agency or court, the notice that is filed may be
either the original notice or a copy of the original notice.
Unless otherwise provided by law relating to a particular agency,
notices of appeal shall be filed within fifteen days after the
mailing of the notice of the agency's order as provided in this
section. For purposes of this paragraph, an order includes a
determination appealed pursuant to division (C) of section 119.092
of the Revised Code.
The amendments made to this paragraph by
Sub. H.B. 215 of the 128th general assembly are procedural, and
this paragraph as amended by those amendments shall be applied
retrospectively to all appeals pursuant to this paragraph filed
before the effective date of those amendments but not earlier than
May 7, 2009, which was the date the supreme court of Ohio released
its opinion and judgment in Medcorp, Inc. v. Ohio Dep't. of Job
and Family Servs. (2009), 121 Ohio St.3d 622.
The filing of a notice of appeal shall not automatically
operate as a suspension of the order of an agency. If it appears
to the court that an unusual hardship to the appellant will result
from the execution of the agency's order pending determination of
the appeal, the court may grant a suspension and fix its terms. If
an appeal is taken from the judgment of the court and the court
has previously granted a suspension of the agency's order as
provided in this section, the suspension of the agency's order
shall not be vacated and shall be given full force and effect
until the matter is finally adjudicated. No renewal of a license
or permit shall be denied by reason of the suspended order during
the period of the appeal from the decision of the court of common
pleas. In the case of an appeal from the state medical board or
state chiropractic board, the court may grant a suspension and fix
its terms if it appears to the court that an unusual hardship to
the appellant will result from the execution of the agency's order
pending determination of the appeal and the health, safety, and
welfare of the public will not be threatened by suspension of the
order. This provision shall not be construed to limit the factors
the court may consider in determining whether to suspend an order
of any other agency pending determination of an appeal.
The final order of adjudication may apply to any renewal of a
license or permit which has been granted during the period of the
appeal.
Notwithstanding any other provision of this section, any
order issued by a court of common pleas or a court of appeals
suspending the effect of an order of the liquor control commission
issued pursuant to Chapter 4301. or 4303. of the Revised Code that
suspends, revokes, or cancels a permit issued under Chapter 4303.
of the Revised Code or that allows the payment of a forfeiture
under section 4301.252 of the Revised Code shall terminate not
more than six months after the date of the filing of the record of
the liquor control commission with the clerk of the court of
common pleas and shall not be extended. The court of common pleas,
or the court of appeals on appeal, shall render a judgment in that
matter within six months after the date of the filing of the
record of the liquor control commission with the clerk of the
court of common pleas. A court of appeals shall not issue an order
suspending the effect of an order of the liquor control commission
that extends beyond six months after the date on which the record
of the liquor control commission is filed with a court of common
pleas.
Notwithstanding any other provision of this section, any
order issued by a court of common pleas suspending the effect of
an order of the state medical board or state chiropractic board
that limits, revokes, suspends, places on probation, or refuses to
register or reinstate a certificate issued by the board or
reprimands the holder of the certificate shall terminate not more
than fifteen months after the date of the filing of a notice of
appeal in the court of common pleas, or upon the rendering of a
final decision or order in the appeal by the court of common
pleas, whichever occurs first.
Within thirty days after receipt of a notice of appeal from
an order in any case in which a hearing is required by sections
119.01 to 119.13 of the Revised Code, the agency shall prepare and
certify to the court a complete record of the proceedings in the
case. Failure of the agency to comply within the time allowed,
upon motion, shall cause the court to enter a finding in favor of
the party adversely affected. Additional time, however, may be
granted by the court, not to exceed thirty days, when it is shown
that the agency has made substantial effort to comply. The record
shall be prepared and transcribed, and the expense of it shall be
taxed as a part of the costs on the appeal. The appellant shall
provide security for costs satisfactory to the court of common
pleas. Upon demand by any interested party, the agency shall
furnish at the cost of the party requesting it a copy of the
stenographic report of testimony offered and evidence submitted at
any hearing and a copy of the complete record.
Notwithstanding any other provision of this section, any
party desiring to appeal an order or decision of the state
personnel board of review shall, at the time of filing a notice of
appeal with the board, provide a security deposit in an amount and
manner prescribed in rules that the board shall adopt in
accordance with this chapter. In addition, the board is not
required to prepare or transcribe the record of any of its
proceedings unless the appellant has provided the deposit
described above. The failure of the board to prepare or transcribe
a record for an appellant who has not provided a security deposit
shall not cause a court to enter a finding adverse to the board.
Unless otherwise provided by law, in the hearing of the
appeal, the court is confined to the record as certified to it by
the agency. Unless otherwise provided by law, the court may grant
a request for the admission of additional evidence when satisfied
that the additional evidence is newly discovered and could not
with reasonable diligence have been ascertained prior to the
hearing before the agency.
The court shall conduct a hearing on the appeal and shall
give preference to all proceedings under sections 119.01 to 119.13
of the Revised Code, over all other civil cases, irrespective of
the position of the proceedings on the calendar of the court. An
appeal from an order of the state medical board issued pursuant to
division (G) of either section 4730.25 or 4731.22 of the Revised
Code, or the state chiropractic board issued pursuant to section
4734.37 of the Revised Code, or the liquor control commission
issued pursuant to Chapter 4301. or 4303. of the Revised Code
shall be set down for hearing at the earliest possible time and
takes precedence over all other actions. The hearing in the court
of common pleas shall proceed as in the trial of a civil action,
and the court shall determine the rights of the parties in
accordance with the laws applicable to a civil action. At the
hearing, counsel may be heard on oral argument, briefs may be
submitted, and evidence may be introduced if the court has granted
a request for the presentation of additional evidence.
The court may affirm the order of the agency complained of in
the appeal if it finds, upon consideration of the entire record
and any additional evidence the court has admitted, that the order
is supported by reliable, probative, and substantial evidence and
is in accordance with law. In the absence of this finding, it may
reverse, vacate, or modify the order or make such other ruling as
is supported by reliable, probative, and substantial evidence and
is in accordance with law. The court shall award compensation for
fees in accordance with section 2335.39 of the Revised Code to a
prevailing party, other than an agency, in an appeal filed
pursuant to this section.
The judgment of the court shall be final and conclusive
unless reversed, vacated, or modified on appeal. These appeals may
be taken either by the party or the agency, shall proceed as in
the case of appeals in civil actions, and shall be pursuant to the
Rules of Appellate Procedure and, to the extent not in conflict
with those rules, Chapter 2505. of the Revised Code. An appeal by
the agency shall be taken on questions of law relating to the
constitutionality, construction, or interpretation of statutes and
rules of the agency, and, in the appeal, the court may also review
and determine the correctness of the judgment of the court of
common pleas that the order of the agency is not supported by any
reliable, probative, and substantial evidence in the entire
record.
The court shall certify its judgment to the agency or take
any other action necessary to give its judgment effect.
Sec. 4715.03. (A) The state dental board shall organize by
the election electing from its members of a president and a,
secretary, and vice-secretary.
The secretary and vice-secretary
shall be elected from the members of the board who are dentists.
It shall hold meetings monthly at least eight months a year at
such times and places as the board designates. A majority of the
members of the board shall constitute a quorum. The board shall
make such reasonable rules as it determines necessary pursuant to
Chapter 119. of the Revised Code.
(B) A concurrence of a majority of the members of the board
shall be required to grant, do any of the following:
(1) Grant, refuse, suspend, place on probationary status,
revoke, refuse to renew, or refuse to reinstate a license or
censure a license holder or take any other action authorized under
section 4715.30 of the Revised Code;
(2) Seek an injunction under section 4715.05 of the Revised
Code;
(3) Enter into a consent agreement with a license holder;
(4) If the board develops and implements the quality
intervention program under section 4715.031 of the Revised Code,
refer a license holder to the program;
(5) Terminate an investigation conducted under division (D)
of this section;
(6) Dismiss any complaint filed with the board.
(C)(1) The board shall adopt rules establishing in accordance
with Chapter 119. of the Revised Code to do both of the following:
(a) Establish standards for the safe practice of dentistry
and dental hygiene by qualified practitioners and shall, through
its policies and activities, promote such practice.;
The board shall adopt rules in accordance with Chapter 119.
of the Revised Code establishing (b) Establish universal blood and
body fluid precautions that shall be used by each person licensed
under this chapter who performs exposure prone invasive
procedures. The
(2) The rules adopted under division (C)(1)(b) of this
section shall define and establish requirements for universal
blood and body fluid precautions that include the following:
(1)(a) Appropriate use of hand washing;
(2)(b) Disinfection and sterilization of equipment;
(3)(c) Handling and disposal of needles and other sharp
instruments;
(4)(d) Wearing and disposal of gloves and other protective
garments and devices.
(D) The board shall administer and enforce the provisions of
this chapter. The board shall, in accordance with sections
4715.032 to 4715.035 of the Revised Code, investigate evidence
which appears to show that any person has violated any provision
of this chapter. Any person may report to the board under oath any
information such person may have appearing to show a violation of
any provision of this chapter. In the absence of bad faith, any
person who reports such information or who testifies before the
board in any disciplinary proceeding conducted pursuant to Chapter
119. of the Revised Code is not liable for civil damages as a
result of making the report or providing testimony. If after
investigation and reviewing the recommendation of the supervisory
investigative panel issued pursuant to section 4715.034 of the
Revised Code the board determines that there are reasonable
grounds to believe that a violation of this chapter has occurred,
the board shall, except as provided in this chapter, conduct
disciplinary proceedings pursuant to Chapter 119. of the Revised
Code, seek an injunction under section 4715.05 of the Revised
Code, enter into a consent agreement with a license holder, or
provide for a license holder to participate in the quality
intervention program established under section 4715.031 of the
Revised Code if the board develops and implements that program.
The board shall not dismiss any complaint or terminate any
investigation except by a majority vote of its members. For
For the purpose of any disciplinary proceeding or any
investigation conducted under this division, the board may
administer oaths, order the taking of depositions, issue subpoenas
in accordance with section 4715.033 of the Revised Code, compel
the attendance and testimony of persons at depositions, and compel
the production of books, accounts, papers, documents, or other
tangible things. The hearings and investigations of the board
shall be considered civil actions for the purposes of section
2305.252 of the Revised Code. Notwithstanding section 121.22 of
the Revised Code and except as provided in section 4715.036 of the
Revised Code, proceedings of the board relative to the
investigation of a complaint or the determination whether there
are reasonable grounds to believe that a violation of this chapter
has occurred are confidential and are not subject to discovery in
any civil action.
(E)(1) The board shall examine or cause to be examined
eligible applicants to practice dental hygiene. The board may
distinguish by rule different classes of qualified personnel
according to skill levels and require all or only certain of these
classes of qualified personnel to be examined and certified by the
board.
(2) The board shall administer a written jurisprudence
examination to each applicant for a license to practice dentistry.
The examination shall cover only the statutes and administrative
rules governing the practice of dentistry in this state.
(F) In accordance with Chapter 119. of the Revised Code, the
board shall adopt, and may amend or rescind, rules establishing
the eligibility criteria, the application and permit renewal
procedures, and safety standards applicable to a dentist licensed
under this chapter who applies for a permit to employ or use
conscious intravenous sedation. These rules shall include all of
the following:
(1) The eligibility requirements and application procedures
for an eligible dentist to obtain a conscious intravenous sedation
permit;
(2) The minimum educational and clinical training standards
required of applicants, which shall include satisfactory
completion of an advanced cardiac life support course;
(3) The facility equipment and inspection requirements;
(4) Safety standards;
(5) Requirements for reporting adverse occurrences.
Sec. 4715.031. (A) The state dental board shall may develop
and implement a quality intervention program. The board may
propose that the holder of a license issued by the board
participate in the program if the board determines pursuant to an
investigation conducted under section 4715.03 of the Revised Code
that there are reasonable grounds to believe the license holder
has violated a provision of this chapter due to a clinical or
communication problem that could be improved through participation
in the program and determines that the license holder's
participation in the program is appropriate. The board shall refer
a license holder who agrees to participate in the program to an
educational and assessment service provider selected by the board.
The (B) If the board develops and implements a quality
intervention program, all of the following apply:
(1) The board shall select, by a concurrence of a majority of
the board's members, educational and assessment service providers,
which may include quality intervention program panels of case
reviewers. A provider selected by the board to provide services to
a license holder shall recommend to the board the educational and
assessment services the license holder should receive under the
program. The license holder may begin participation in the program
if the board approves the services the provider recommends. The
license holder shall not be required to participate in the program
beyond one hundred eighty days from the date the license holder
agrees to participate in the program under this division. The
license holder shall pay the amounts charged by the provider for
the services.
(2) The board shall monitor a license holder's progress in
the program and determine whether the license holder has
successfully completed the program. If the board determines that
the license holder has successfully completed the program, it may
continue to monitor the license holder, take other action it
considers appropriate, or both. The additional monitoring, other
action taken by the board, or both, shall not continue beyond one
year from the date the license holder agrees to participate in the
program under this division. If the board determines that the
license holder has not successfully completed the program, it
shall, as soon as possible thereafter, commence disciplinary
proceedings against the license holder under section 4715.03 of
the Revised Code.
(3) The board shall elect, from the board's members who are
dentists, a coordinator to administer the quality intervention
program.
(C) The board may adopt rules in accordance with Chapter 119.
of the Revised Code to further implement the quality intervention
program.
Sec. 4715.032. There is hereby created the supervisory
investigative panel of the state dental board. The supervisory
investigative panel shall consist solely of the board's secretary
and vice-secretary. The supervisory investigative panel shall
supervise all of the board's investigations.
Sec. 4715.033. (A) All subpoenas the state dental board
seeks to issue with respect to an investigation shall, subject to
division (B) of this section, be authorized by the supervisory
investigative panel.
(B) Before the supervisory investigative panel authorizes the
board to issue a subpoena, the panel shall consult with the office
of the attorney general and 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 information
sought pursuant to the subpoena is relevant to the alleged
violation and material to the investigation.
(C)(1) Any subpoena to compel the production of records that
the board issues after authorization by the supervisory
investigative panel shall pertain to records that cover a
reasonable period of time surrounding the alleged violation.
(2)(a) Except as provided in division (C)(2)(b) of this
section, the subpoena shall state that the person being subpoenaed
has a reasonable period of time that is not less than three
calendar days to comply with the subpoena.
(b) If the board's secretary determines that the person being
subpoenaed represents a clear and immediate danger to the public
health and safety, the subpoena shall state that the person being
subpoenaed must immediately comply with the subpoena.
(D) On a person's failure to comply with a subpoena issued by
the board and after reasonable notice to that person of the
failure, the board may move for an order compelling the production
of persons or records pursuant to the Rules of Civil Procedure.
Sec. 4715.034. (A) At any time during an investigation, the
supervisory investigative panel may ask to meet with the
individual who is the subject of the investigation. At the
conclusion of the investigation, the panel shall recommend that
the state dental board do one of the following:
(1) Pursue disciplinary action under section 4715.30 of the
Revised Code;
(2) Seek an injunction under section 4715.05 of the Revised
Code;
(3) Enter into a consent agreement if the subject of the
investigation is a licensee;
(4) Refer the individual to the quality intervention program,
if that program is developed and implemented under section
4715.031 of the Revised Code and the subject of the investigation
is a licensee;
(5) Terminate the investigation.
(B) The supervisory investigative panel's recommendation
shall be in writing and specify the reasons for the
recommendation. Except as provided in section 4715.035 of the
Revised Code, the panel shall make its recommendation not later
than one year after the date the panel begins to supervise the
investigation or, if the investigation pertains to an alleged
violation of division (A)(7) of section 4715.30 of the Revised
Code, not later than two years after the panel begins to supervise
the investigation.
Once the panel makes its recommendation, the members of the
panel shall not participate in any deliberations the board has on
the case.
Sec. 4715.035. Both of the following periods of time shall
not be counted for purposes of determining the time within which
the supervisory investigative panel is required to make its
recommendation to the state dental board under section 4715.034 of
the Revised Code:
(A) The period during which the panel suspends the
investigation of an individual because the individual is also the
subject of a criminal investigation and the panel is asked to do
so by the entity conducting the criminal investigation or the
panel determines it is necessary to do so as a result of the
criminal investigation.
(B) The period beginning when the board moves for an order
compelling the production of persons or records, as permitted by
division (D) of section 4715.033 of the Revised Code, and ending
when either of the following occurs:
(1) The court renders a decision not to issue the order.
(2) The court renders a decision to issue the order and the
person subject to the order produces the persons or records.
Sec. 4715.036. (A) As used in this section:
(1) "Personal identifying information" has the same meaning
as in section 2913.49 of the Revised Code.
(2) "Confidential law enforcement investigatory record" has
the same meaning as in section 149.43 of the Revised Code, except
that it excludes information provided by an information source or
witness to whom confidentiality has been reasonably promised,
which information would reasonably tend to disclose the source's
or witness's identity.
(B) If the state dental board notifies an applicant, license
holder, or other individual of an opportunity for a hearing
pursuant to section 119.07 of the Revised Code, the board shall
state in the notice that the individual is entitled to receive at
least sixty days before the hearing, on the individual's request
and as described in division (C) of this section, one copy of each
item the board procures or creates in the course of its
investigation on the individual. Such items may include, but are
not limited to, the one or more complaints filed with the board;
correspondence, reports, and statements; deposition transcripts;
and patient dental records.
(C) On receipt of a request for copies of investigative items
from an individual who is notified under division (B) of this
section of an opportunity for a hearing, the board shall provide
the copies to the individual in accordance with, and subject to,
all of the following:
(1) The board shall provide the copies in a timely manner.
(2) The board may charge a fee for providing the copies, but
the amount of the fee shall be set at a reasonable cost to the
individual.
(3) Before providing the copies, the board shall determine
whether the investigative items contain any personal identifying
information regarding a complainant. If the board determines that
the investigative items contain such personal identifying
information, or any other information that would reveal the
complainant's identity, the board shall redact the information
from the copies it provides to the individual.
(4) The board shall not provide either of the following:
(a) Any information that is subject to the attorney-client
privilege or work product doctrine, or that would reveal the
investigatory processes or methods of investigation used by the
board;
(b) Any information that would constitute a confidential law
enforcement investigatory record.
(D) If a request for copies of investigative items is made
pursuant to this section, the board in its scheduling of a hearing
for the individual shall, notwithstanding section 119.07 of the
Revised Code, schedule the hearing for a date that is at least
sixty-one days after the board provides the individual with the
copies of the items.
(E)(1) After the board notifies an individual of an
opportunity for a hearing, the individual may ask the board to
issue either or both of the following:
(a) A subpoena to compel the attendance and testimony of any
witness at the hearing;
(b) A subpoena for the production of books, records, papers,
or other tangible items.
(2) On receipt of an individual's request under division
(E)(1) of this section, the board shall issue the subpoena.
In the case of a subpoena for the production of books,
records, papers, or other tangible items, the person or government
entity subject to the subpoena shall comply with the subpoena at
least thirty days prior to the date the individual's hearing is
scheduled to be held.
Sec. 4715.037. (A) Notwithstanding the permissive nature of
hearing referee or examiner appointments under section 119.09 of
the Revised Code, the state dental board shall appoint, by a
concurrence of a majority of its members, three referees or
examiners to conduct the hearings the board is required to hold
pursuant to sections 119.01 to 119.13 of the Revised Code.
Referees or examiners appointed under this section shall be
attorneys who have been admitted to the practice of law in this
state. In making the appointments, the board shall not appoint an
attorney who is a board employee or represents the board in any
other manner.
(B)(1) Referees or examiners appointed under this section
shall serve not more than the following number of consecutive
one-year terms:
(a) In the case of the first initial appointee, three;
(b) In the case of the second initial appointee, four;
(c) In the case of the third initial appointee and all
successor appointees, five.
(2) The board may not refuse to reappoint a referee or
examiner before the referee or examiner has served the maximum
number of terms applicable to the referee or examiner unless the
referee or examiner does not seek to serve the maximum number of
terms or the board, by a concurrence of a majority of its members,
determines there is cause not to reappoint the referee or
examiner.
(C) The board shall assign one referee or examiner appointed
under this section to conduct each hearing. Assignments shall be
made in the order the board receives requests for hearings without
regard to the experience or background of a particular referee or
examiner or the consideration of any factor other than whether the
referee or examiner is available at the appropriate time.
Sec. 4715.038. A hearing referee or examiner assigned to
conduct a hearing pursuant to section 4715.037 of the Revised Code
shall hear and consider the oral and documented evidence
introduced by the parties during the hearing. Not later than
thirty days following the close of the hearing, the referee or
examiner shall issue to the state dental board, in writing,
proposed findings of fact and conclusions of law. Along with the
proposed findings of fact and conclusions of law, the board shall
be given copies of the record of the hearing and all exhibits and
documents presented by the parties at the hearing.
Sec. 4715.039. Prior to the state dental board's decision of
a case, the board shall allow the parties or their counsel an
opportunity to present oral arguments on the proposed findings of
fact and conclusions of law issued by the hearing referee or
examiner under section 4715.038 of the Revised Code. Not later
than sixty days following the board's receipt of the proposed
findings of fact and conclusions of law, or a date mutually agreed
to by the board and the applicant for or holder of a certificate
or license issued under this chapter, the board shall render a
decision. The decision shall be in writing and contain findings of
fact and conclusions of law.
Copies of the board's decision shall be delivered to the
applicant, licensee, or certificate holder personally or by
certified mail. The board's decision shall be considered final on
the date personal delivery of the decision is made or the date the
decision is mailed.
An individual may appeal a decision by the board in
accordance with the procedure specified in Chapter 119. of the
Revised Code.
Sec. 4715.0310. A notice of opportunity for a hearing issued
by the state dental board pursuant to section 119.07 of the
Revised Code and the name of the hearing referee or examiner the
board assigns to a hearing pursuant to section 4715.037 of the
Revised Code are public records under section 149.43 of the
Revised Code.
Sec. 4715.06. Each member of the state dental board shall
receive an amount fixed pursuant to division (J) of section 124.15
of the Revised Code for each day actually employed in the
discharge of the official duties of the member, and the necessary
expenses of the member. The secretary
and vice-secretary shall
receive reimbursement be reimbursed for necessary expenses
incurred by the secretary in the discharge of the official duties
of the secretary and vice-secretary, respectively. All vouchers of
the board shall be approved by the board president or executive
secretary, or both, as authorized by the board.
Sec. 4715.14. (A) Each person who is licensed to practice
dentistry in Ohio shall, on or before the first day of January of
each even-numbered year, register with the state dental board. The
registration shall be made on a form prescribed by the board and
furnished by the secretary, shall include the licensee's name,
address, license number, and such other reasonable information as
the board may consider necessary, and shall include payment of a
biennial registration fee of two hundred forty-five dollars.
Except as provided in division (D)(E) of this section, this fee
shall be paid to the treasurer of state. All such registrations
Subject to division (C) of this section, a registration shall be
in effect for the two-year period beginning on the first day of
January of the even-numbered year and ending on the last day of
December of the following odd-numbered year, and shall be renewed
in accordance with the standard renewal procedure of sections
4745.01 to 4745.03 of the Revised Code. The failure of a licensee
to renew the licensee's registration in accordance with this
section shall result in an automatic suspension of the licensee's
license to practice dentistry.
(B) Any dentist whose license has been suspended under this
section may be reinstated by the payment of the biennial
registration fee and in addition thereto eighty-one dollars to
cover costs of the reinstatement; excepting that to any
A licensed
dentist who desires to temporarily retire from practice, and who
has given the board notice in writing to that effect, the board
shall grant be granted such a retirement, provided only that at
that time all previous registration fees and additional costs of
reinstatement have been paid.
(C) Not later than the thirty-first day of January of an
even-numbered year, the board shall send a notice by certified
mail to a dentist who fails to renew a license in accordance with
division (A) of this section. The notice shall state all of the
following:
(1) That the board has not received the registration form and
fee described in that division;
(2) That the license shall remain valid and in good standing
until the first day of April following the last day of December of
the odd-numbered year in which the dentist was scheduled to renew
if the dentist remains in compliance with all other applicable
provisions of this chapter and any rule adopted under it;
(3) That the license may be renewed until the first day of
April following the last day of December of the odd-numbered year
in which the dentist was scheduled to renew by the payment of the
biennial registration fee and an additional fee of one hundred
dollars to cover the cost of late renewal;
(4) That unless the board receives the registration form and
fee before the first day of April following the last day of
December of the odd-numbered year in which the dentist was
scheduled to renew, the board may, on or after the relevant first
day of April, initiate disciplinary action against the dentist
pursuant to Chapter 119. of the Revised Code;
(5) That a dentist whose license has been suspended as a
result of disciplinary action initiated pursuant to division
(C)(4) of this section may be reinstated by the payment of the
biennial registration fee and an additional fee of three hundred
dollars to cover the cost of reinstatement.
(D) Each dentist licensed to practice, whether a resident or
not, shall notify the secretary in writing of any change in the
dentist's office address or employment within ten days after such
change has taken place. On the first day of July of every
even-numbered year, the secretary shall issue a printed roster of
the names and addresses so registered.
(D)(E) Twenty dollars of each biennial registration fee shall
be paid to the dentist loan repayment fund created under section
3702.95 of the Revised Code.
Sec. 4715.141. (A) Each licensed dentist shall complete
biennially not less than forty hours of continuing dental
education, which may include, but is not limited to, attendance at
lectures, study clubs, college and postgraduate courses, or
scientific sessions of conventions, research, graduate study,
teaching, service as a clinician, or correspondence courses.
Continuing dental education programs include, but are not limited
to, programs that address any of the following:
(1) Compentency Competency in treating patients who are
medically compromised or who experience medical emergencies during
the course of dental treatment;
(2) Knowledge of pharmaceutical products and the protocol of
the proper use of medications;
(3) Competency to diagnose oral pathology;
(4) Awareness of currently accepted methods of infection
control;
(5) Basic medical and scientific subjects including, but not
limited to, biology, physiology, pathology, biochemistry, and
pharmacology;
(6) Clinical and technological subjects including, but not
limited to, clinical techniques and procedures, materials, and
equipment;
(7) Subjects pertinent to health and safety.
Dentists shall earn continuing education credits at the rate
of one-half credit for each twenty-five to thirty contact minutes
of instruction and one credit hour for each fifty to sixty contact
minutes of instruction.
(B) Programs meeting the general requirements of division (A)
of this section may be developed and offered to dentists by any of
the following agencies or organizations:
(1) National, state, district, or local dental associations
affiliated with the American dental association or national dental
association;
(2) Accredited dental colleges or schools;
(3) Other organizations, schools, or agencies approved by the
state dental board.
(C) Each licensed dentist shall submit to the board at the
time of biennial registration pursuant to section 4715.14 of the
Revised Code a sworn affidavit, on a form acceptable to the state
dental board, attesting that he the dentist has completed
continuing education programs in compliance with this section and
listing the date, location, sponsor, subject matter, and hours
completed of the programs.
A licensed dentist shall retain in his records for a period
of at least three years such receipts, vouchers, or certificates
as may be necessary to document completion of continuing education
programs. With cause, the board may request such documentation
from licensed dentists, and the board may request such
documentation from licensed dentists selected at random without
cause.
(D) The board may excuse licensed dentists, as a group or as
individuals, from all or any part of the requirements of this
section because of an unusual circumstance, emergency, or special
hardship.
(E) Failure to comply with the requirements of this section
constitutes a failure to renew registration pursuant to section
4715.14 of the Revised Code The board shall notify a dentist who
fails to submit the affidavit required by division (C) of this
section of both of the following:
(1) That the board has not received the affidavit;
(2) That unless the board receives the affidavit before the
first day of April following the last day of December by which the
dentist was required to submit the affidavit, the board may, on or
after the relevant first day of April, initiate disciplinary
action against the dentist pursuant to Chapter 119. of the Revised
Code.
Sec. 4715.30. (A) The An applicant for or holder of a
certificate or license issued under this chapter is subject to
disciplinary action by the state dental board for any of the
following reasons:
(1) Employing or cooperating in fraud or material deception
in applying for or obtaining a license or certificate;
(2) Obtaining or attempting to obtain money or anything of
value by intentional misrepresentation or material deception in
the course of practice;
(3) Advertising services in a false or misleading manner or
violating the board's rules governing time, place, and manner of
advertising;
(4) Conviction of a misdemeanor committed in the course of
practice or of any felony;
(5) Engaging in lewd or immoral conduct in connection with
the provision of dental services;
(6) Selling, prescribing, giving away, or administering drugs
for other than legal and legitimate therapeutic purposes, or
conviction of violating any law of this state or the federal
government regulating the possession, distribution, or use of any
drug;
(7) Providing or allowing dental hygienists, expanded
function dental auxiliaries, or other practitioners of auxiliary
dental occupations working under the certificate or license
holder's supervision, or a dentist holding a temporary limited
continuing education license under division (C) of section 4715.16
of the Revised Code working under the certificate or license
holder's direct supervision, to provide dental care that departs
from or fails to conform to accepted standards for the profession,
whether or not injury to a patient results;
(8) Inability to practice under accepted standards of the
profession because of physical or mental disability, dependence on
alcohol or other drugs, or excessive use of alcohol or other
drugs;
(9) Violation of any provision of this chapter or any rule
adopted thereunder;
(10) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4715.03 of
the Revised Code;
(11) 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 dental 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.
(12) Advertising that the certificate or license holder 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 dental services, would
otherwise be required to pay.
(B) A manager, proprietor, operator, or conductor of a dental
facility shall be subject to disciplinary action if any dentist,
dental hygienist, expanded function dental auxiliary, or qualified
personnel providing services in the facility is found to have
committed a violation listed in division (A) of this section and
the manager, proprietor, operator, or conductor knew of the
violation and permitted it to occur on a recurring basis.
(C) Subject to Chapter 119. of the Revised Code, the board
may take one or more of the following disciplinary actions if one
or more of the grounds for discipline listed in divisions (A) and
(B) of this section exist:
(1) Censure the license or certificate holder;
(2) Place the license or certificate on probationary status
for such period of time the board determines necessary and require
the holder to:
(a) Report regularly to the board upon the matters which are
the basis of probation;
(b) Limit practice to those areas specified by the board;
(c) Continue or renew professional education until a
satisfactory degree of knowledge or clinical competency has been
attained in specified areas.
(3) Suspend the certificate or license;
(4) Revoke the certificate or license.
Where the board places a holder of a license or certificate
on probationary status pursuant to division (C)(2) of this
section, the board may subsequently suspend or revoke the license
or certificate if it determines that the holder has not met the
requirements of the probation or continues to engage in activities
that constitute grounds for discipline pursuant to division (A) or
(B) of this section.
Any order suspending a license or certificate shall state the
conditions under which the license or certificate will be
restored, which may include a conditional restoration during which
time the holder is in a probationary status pursuant to division
(C)(2) of this section. The board shall restore the license or
certificate unconditionally when such conditions are met.
(D) If the physical or mental condition of an applicant or a
license or certificate holder is at issue in a disciplinary
proceeding, the board may order the license or certificate holder
to submit to reasonable examinations by an individual designated
or approved by the board and at the board's expense. The physical
examination may be conducted by any individual authorized by the
Revised Code to do so, including a physician assistant, a clinical
nurse specialist, a certified nurse practitioner, or a certified
nurse-midwife. Any written documentation of the physical
examination shall be completed by the individual who conducted the
examination.
Failure to comply with an order for an examination shall be
grounds for refusal of a license or certificate or summary
suspension of a license or certificate under division (E) of this
section.
(E) If the board has reason to believe that the a license or
certificate holder represents a clear and immediate danger to the
public health and safety if the holder is allowed to continue to
practice, or if the holder has failed to comply with an order
under division (D) of this section, the board may apply to the
court of common pleas of the county in which the holder resides
for an order temporarily suspending the holder's license or
certificate, without a prior hearing being afforded by the board,
until the board conducts an adjudication hearing pursuant to
Chapter 119. of the Revised Code. If the court temporarily
suspends a holder's license or certificate, the board shall give
written notice of the suspension personally or by certified mail
to the license or certificate holder. Such notice shall include
specific facts and reasons for finding a clear and immediate
danger to the public health and safety and shall inform the
license or certificate holder of the right to a hearing pursuant
to Chapter 119. of the Revised Code.
(F) Any holder of a certificate or license issued under this
chapter who has pleaded guilty to, has been convicted of, or has
had a judicial finding of eligibility for intervention in lieu of
conviction entered against the holder in this state for aggravated
murder, murder, voluntary manslaughter, felonious assault,
kidnapping, rape, sexual battery, gross sexual imposition,
aggravated arson, aggravated robbery, or aggravated burglary, or
who has pleaded guilty to, has been convicted of, or has had a
judicial finding of eligibility for treatment or intervention in
lieu of conviction entered against the holder in another
jurisdiction for any substantially equivalent criminal offense, is
automatically suspended from practice under this chapter in this
state and any certificate or license issued to the holder under
this chapter is automatically suspended, as of the date of the
guilty plea, conviction, or judicial finding, whether the
proceedings are brought in this state or another jurisdiction.
Continued practice by an individual after the suspension of the
individual's certificate or license under this division shall be
considered practicing without a certificate or license. The board
shall notify the suspended individual of the suspension of the
individual's certificate or license under this division by
certified mail or in person in accordance with section 119.07 of
the Revised Code. If an individual whose certificate or license is
suspended under this division fails to make a timely request for
an adjudicatory hearing, the board shall enter a final order
revoking the individual's certificate or license.
(G) Notwithstanding divisions (A)(11) and (12) of this
section, sanctions shall not be imposed against any licensee who
waives deductibles and copayments:
(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. Such 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.
(H) In no event shall the board consider or raise during a
hearing required by Chapter 119. of the Revised Code the
circumstances of, or the fact that the board has received, one or
more complaints about a person unless the one or more complaints
are the subject of the hearing or resulted in the board taking an
action authorized by this section against the person on a prior
occasion.
Sec. 4753.06. No person is eligible for licensure as a
speech-language pathologist or audiologist unless:
(A) The person has obtained a broad general education to
serve as a background for the person's specialized academic
training and preparatory professional experience. Such background
may include study from among the areas of human psychology,
sociology, psychological and physical development, the physical
sciences, especially those that pertain to acoustic and biological
phenomena, and human anatomy and physiology, including
neuroanatomy and neurophysiology.
(B) If the person seeks licensure as a speech-language
pathologist, the person submits to the board of speech-language
pathology and audiology an official transcript demonstrating that
the person has at least a master's degree in speech-language
pathology or the equivalent as determined by the board. The
person's academic credit must include course work accumulated in
the completion of a well-integrated course of study approved by
the board and delineated by rule dealing with the normal aspects
of human communication, development and disorders thereof, and
clinical techniques for the evaluation and the improvement or
eradication of such disorders. The course work must have been
completed at colleges or universities accredited by regional or
national accrediting organizations recognized by the board.
(C) If Except as provided in division (F)(1)(b) of this
section, if the person seeks licensure as an audiologist, the
person submits to the board an official transcript demonstrating
that the person has at least a doctor of audiology degree or the
equivalent as determined by the board. The person's academic
credit must include course work accumulated in the completion of a
well-integrated course of study approved by the board and
delineated by rules dealing with the normal aspects of human
hearing, balance, and related development and clinical evaluation,
audiologic diagnosis, and treatment of disorders of human hearing,
balance, and related development. The course work must have been
completed in an audiology program that is accredited by an
organization recognized by the United States department of
education and operated by a college or university accredited by a
regional or national accrediting organization recognized by the
board.
(D) The person submits to the board evidence of the
completion of appropriate, supervised clinical experience in the
professional area, speech-language pathology or audiology, for
which licensure is requested, dealing with a variety of
communication disorders. The appropriateness of the experience
shall be determined under rules of the board. This experience
shall have been obtained in an accredited college or university,
in a cooperating program of an accredited college or university,
or in another program approved by the board.
(E) The person submits to the board evidence that the person
has passed the examination for licensure to practice
speech-language pathology or audiology pursuant to division (B) of
section 4753.05 of the Revised Code.
(F) If the (1) In the case of either of the following, the
person presents to the board written evidence that the person has
obtained professional experience:
(a) The person seeks licensure as a speech-language
pathologist;
(b) The person submits to the board an application for seeks
licensure as an audiologist and does not meet the requirements of
division (C) of this section regarding a doctor of audiology
degree, but before January 1, 2006, and meets the person met the
requirements of division (B) of this section regarding a master's
degree in audiology as that division existed on December 31, 2005,
but not the requirements of division (C) of this section regarding
a doctor of audiology degree or if the person seeks licensure as a
speech-language pathologist, the person presents to the board
written evidence that the person has obtained professional
experience. The
(2) The professional experience shall be appropriately
supervised as determined by board rule. The amount of professional
experience shall be determined by board rule and shall be bona
fide clinical work that has been accomplished in the major
professional area, speech-language pathology or audiology, in
which licensure is being sought. If the person seeks licensure as
a speech-language pathologist, this experience shall not begin
until the requirements of divisions (B), (D), and (E) of this
section have been completed unless approved by the board. If the
person seeks licensure as an audiologist, this experience shall
not begin until the requirements of division (B) of this section,
as that division existed on December 31, 2005, and divisions (D)
and (E) of this section have been completed unless approved by the
board. Before beginning the supervised professional experience
pursuant to this section, the applicant for licensure to practice
speech-language pathology or audiology shall obtain a conditional
license pursuant to section 4753.071 of the Revised Code.
Sec. 4753.091. (A) A person licensed under this chapter may
apply to the board of speech-language pathology and audiology to
have the person's license classified as inactive. If a fee is
charged under division (B) of this section, the person shall
include the fee with the application.
If the person's license is in good standing, the person is
not the subject of any complaint, the person is not the subject of
an investigation or disciplinary action by the board, and the
person meets any other requirements established by the board in
rules adopted under this section, the board shall classify the
license as inactive. The inactive classification shall become
effective on the date immediately following the date that the
person's license is scheduled to expire.
(B) The board may charge a fee for classifying a license as
inactive.
(C) During the period that a license is classified as
inactive, the person may not engage in the practice of
speech-language pathology or the practice of audiology, as
applicable, in this state or make any representation to the public
indicating that the person is actively licensed under this
chapter.
(D) A person whose license has been classified as inactive
may apply to the board to have the license reactivated. The board
shall reactivate the license if the person meets the requirements
established by the board in rules adopted under this section.
(E) The board's jurisdiction to take disciplinary action
under this chapter is not removed or limited when a person's
license is classified as inactive under this section.
(F) The board shall adopt rules as necessary for classifying
a license as inactive and reactivating an inactive license. The
rules shall be adopted in accordance with Chapter 119. of the
Revised Code.
Sec. 5111.0211. As used in this section, "nursing facility"
and "provider" have the same meanings as in section 5111.20 of the
Revised Code.
The provider of a nursing facility is not required to submit
a claim to the department of job and family services regarding the
medicare cost-sharing expenses of a resident of the nursing
facility who, under federal law, is eligible to have the medicaid
program pay for a part of the cost-sharing expenses if the
provider determines that, under rules adopted under section
5111.02 of the Revised Code, the nursing facility would not
receive a medicaid payment for any part of the medicare
cost-sharing expenses. In such a situation, a claim for the
medicare cost-sharing expenses shall be considered to have been
adjudicated at no payment.
SECTION 2. That existing sections 119.12, 4715.03, 4715.031,
4715.06, 4715.14, 4715.141, 4715.30, and 4753.06 of the Revised
Code are hereby repealed.
SECTION 3. The amendment by this act to division (A) of
section 4715.03 of the Revised Code requiring that the secretary
of the State Dental Board be a dentist shall not apply to the
secretary serving on the Board on the effective date of this
section.
SECTION 4. That Section 3 of Sub. H.B. 190 of the 128th
General Assembly be contingently amended to read as follows:
Sec. 3. (A) As used in this section, "registration period"
has the same meaning as in section 4715.241 of the Revised Code,
as enacted by this act Sub. H.B. 190 of the 128th General
Assembly.
(B) Notwithstanding Both of the following apply with respect
to the implementation of the provisions of section 4715.25 of the
Revised Code, as amended by this act Sub. H.B. 190 of the 128th
General Assembly, that increase from twelve to twenty-four the
minimum number of hours of continuing education that a dental
hygienist must certify to the State Dental Board when applying for
a renewal of registration, a dental hygienist whose registration
expired on December 31, 2009,:
(1) Notwithstanding those provisions, in the case of a dental
hygienist who is seeking a registration renewal that is to be
effective in the 2010-2011 registration period, the dental
hygienist remains subject to the former requirement to certify
completion of a minimum of twelve hours of continuing education
when applying for a renewal of registration for the 2010 to 2011
registration period.
(2) In the case of a dental hygienist who is seeking a
registration renewal that is to be effective in the 2012-2013
registration period, the dental hygienist is subject to the
requirement of those provisions to certify completion of a minimum
of twenty-four hours of continuing education.
SECTION 5. That existing Section 3 of Sub. H.B. 190 of the
128th General Assembly is hereby contingently repealed.
SECTION 6. The amendment by this act of Section 3 of Sub.
H.B. 190 of the 128th General Assembly is contingent on the
section becoming law.
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