130th Ohio General Assembly
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Sub. H. B. No. 215  As Reported by the House Committee on Health
As Reported by the House Committee on Health

128th General Assembly
Regular Session
2009-2010
Sub. H. B. No. 215


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;
(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 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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