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Sub. H. B. No. 215 As Reported by the House Committee on HealthAs Reported by the House Committee on Health
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Letson, Mecklenborg
Cosponsors:
Representatives Hagan, Luckie, Fende, Mallory, Gardner, Lehner, Garland, Boyd, Yuko, Snitchler, Huffman, Bacon, Winburn
A BILL
To amend sections 4715.03, 4715.031, 4715.06,
4715.14,
4715.141,
4715.24, 4715.25, and 4715.30
and to
enact
sections 4715.032, 4715.033,
4715.034,
4715.035,
4715.036, 4715.037,
4715.038, 4715.039, and
4715.0310 of the Revised
Code to modify the law
governing investigations
and hearings conducted by
the State Dental Board.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4715.03, 4715.031, 4715.06, 4715.14,
4715.141,
4715.24, 4715.25, and 4715.30 be amended and sections
4715.032,
4715.033, 4715.034, 4715.035, 4715.036, 4715.037,
4715.038,
4715.039, and 4715.0310 of the Revised Code be enacted
to read as
follows:
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) The board shall adopt rules establishing in accordance
with Chapter 119. of the Revised Code to do all of the following:
(1) 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 (2) 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
rules
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.
(3) For purposes of division (A)(4) of section 4715.30 of the
Revised Code, identify criminal offenses that are substantially
related to the practice of dentistry, dental hygiene, or any other
profession the board regulates. The board shall identify a
misdemeanor or felony as such an offense only if the nature of the
misdemeanor or felony has a direct bearing on the fitness or
ability of the individual to perform one or more of the duties or
responsibilities necessarily related to the practice of dentistry,
dental hygiene, or the other professions the board regulates.
(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;
(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 board shall select If the board develops and implements
the quality intervention program, the board shall do all of the
following:
(1) 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 thirty
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.
The board shall monitor (2) 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) Elect from the board's members who are dentists a
coordinator to administer the quality intervention program.
(B) 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
desires 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) 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.
(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) The supervisory investigative panel may
ask to meet
with the individual who is the subject of the
investigation at any
time during the investigation of the
individual. 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, specify
the reasons for the recommendation,
and, except
as provided in
section 4715.035 of the Revised Code,
be made not
later than one
year after the date the panel begins
to
supervise the
investigation.
Once the panel makes a recommendation under this section, the
secretary and vice-secretary of the board shall not participate in
any deliberations the board
has on the case.
Sec. 4715.035. A recommendation made by the supervisory
investigative panel regarding an
investigation in which a
violation of division (A)(7) of section
4715.30 of the Revised
Code is alleged shall be made not later
than two years after the
panel begins to supervise the
investigation.
Sec. 4715.036. (A) If the state dental board notifies an
individual who
is 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, on request and at no
cost to the individual, one
copy of each item the board procures
or creates in the course of
its investigation on the individual
at least sixty days prior to
the hearing. Items may include, but
are not limited to, the
complaint or complaints filed with the
board; correspondence,
reports, and statements of any kind;
deposition transcripts; and
patient dental records.
(B) If a request for investigative items is made pursuant to
this section, the hearing shall,
notwithstanding section 119.07
of the Revised Code, be scheduled
for a date that is at least
sixty-one days after the board
provides the individual with the
investigative materials.
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, five 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 at law who have been admitted to the practice of law and
who are classified as either administrative law attorney examiners
or as administrative law attorney examiner administrators under
the state job classification plan adopted under section 124.14 of
the Revised Code.
(B)(1) Referees or examiners appointed under this section
shall serve no more than the following number of consecutive
one-year terms:
(a) In the case of two of the initial appointees, eight;
(b) In the case of two other of the initial appointees, nine;
(c) In the case of the one other 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) The board shall notify a dentist who fails to renew a
license in accordance with division (A) of this section of 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 June 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
June 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 eighty-one
dollars to cover the cost of late renewal;
(4) That unless the board receives the registration form and
fee before the first day of June 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 June, 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 two 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 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 June 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 June, initiate disciplinary
action against the dentist pursuant to Chapter 119. of the Revised
Code.
Sec. 4715.24. (A) Each person who is licensed to practice
as
a dental hygienist 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
one hundred
five
dollars. This fee shall be paid to the treasurer of state.
All
such registrations shall be in effect for the two-year period
beginning on the first day of January of each 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
registration in
accordance with this section shall result in the
automatic
suspension of the licensee's license to practice
as a dental
hygienist.
(B) Any The board shall notify a dental hygienist who fails
to renew a license in accordance with division (A) of this section
of 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 June following the last day of December of
the odd-numbered year in which the dental hygienist was scheduled
to renew if the dental hygienist 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
June following the last day of December of the odd-numbered year
in which the dental hygienist was scheduled to renew by the
payment of the biennial registration fee and an additional fee of
eighty-one dollars to cover the cost of late renewal;
(4) That unless the board receives the registration form and
fee before the first day of June following the last day of
December of the odd-numbered year in which the dental hygienist
was scheduled to renew, the board may, on or after the relevant
first day of June, initiate disciplinary action against the dental
hygienist pursuant to Chapter 119. of the Revised Code;
(5) That a dental hygienist whose license has been suspended
under as a result of disciplinary action initiated pursuant to
division (B)(4) of this section may be reinstated by the payment
of the
biennial registration fee and in addition thereto
thirty-one
an additional fee of two hundred dollars to cover the
costs of reinstatement.
(C) The license of a dental hygienist shall be exhibited
in
a
conspicuous place in the room in which the dental hygienist
practices. Each dental hygienist licensed to practice, whether a
resident or not, shall notify the secretary in writing of any
change in the dental hygienist's office address or
employment
within ten days after
the change takes place.
Sec. 4715.25. (A) Every person licensed to practice as a
dental hygienist and required to register with the state dental
board shall certify to the board at the time of applying for a
renewal of registration that in the two-year period preceding two
years the registration period for which the renewal is sought the
registrant has completed a minimum of twelve twenty-four hours of
continuing
dental hygiene education. Certification shall be made
upon the
application for registration prescribed by the board
pursuant to
section 4715.24 of the Revised Code.
Continuing education programs may be developed and offered
to
dental hygienists by any of the following agencies or
organizations:
(1) National, state, district, or local dental hygienists'
associations affiliated with the American dental hygienists'
association;
(2) National, state, district, or local dental
associations
affiliated with the American dental association or
national dental
association;
(3) Accredited dental hygiene colleges or schools;
(4) Accredited dental colleges or schools;
(5) Other organizations, schools, paraprofessional
programs,
or agencies approved by the state dental board.
(B) A licensed dental hygienist shall retain in his the
dental
hygienist's 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 dental
hygienists, and the board may request such documentation from
licensed dental hygienists at random without cause.
(C) The board may excuse licensed dental hygienists, 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.
(D) Failure to comply with the requirements of this
section
constitutes a failure to renew registration pursuant to
section
4715.24 of the Revised Code The board shall notify a dental
hygienist who fails to submit the certification required by
division (A) of this section of both of the following:
(1) That the board has not received the certification;
(2) That unless the board receives the certification before
the first day of June following the last day of December by which
the dental hygienist was required to submit the certification, the
board may, on or after the relevant first day of June, initiate
disciplinary action against the dental hygienist 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 or plea of guilty to a misdemeanor
committed in the course of
practice or of any felony criminal
offense identified by the board in rules adopted under section
4715.03 of the Revised Code as a criminal offense that is
substantially related to the practice of
dentistry, dental
hygiene, or any other profession the board regulates;
(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) Under no circumstances shall the board consider or raise
during a hearing required by Chapter 119. of the
Revised Code any
action authorized under this section that the
board took on a
prior occasion with respect to a person if the
charges in the
subsequent action relate to events or circumstances
that occurred
in the same time period and are of the same nature
as the charges
in the prior action.
Section 2. That existing sections 4715.03, 4715.031,
4715.06, 4715.14,
4715.141, 4715.24, 4715.25, and 4715.30 of the
Revised Code are
hereby repealed.
Section 3. (A) As used in this section, "registration
period"
means the two-year period during which a dental
hygienist's registration is in effect under section 4715.24 of the
Revised Code.
(B) Notwithstanding the provisions of section 4715.25 of the
Revised Code, as amended by this act, that increases 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 expires on December 31,
2009, remains subject
to the
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.
Section 4. 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.
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