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Sub. H. B. No. 417 As Passed by the SenateAs Passed by the Senate
|129th General Assembly|
Representatives Duffey, Thompson, Hall, Beck, Blair, Pelanda, Terhar, Patmon, Kozlowski, Reece, Hill, Hackett, Uecker, Yuko, Anielski, Antonio, Baker, Boose, Boyd, Butler, Garland, Hagan, C., Huffman, Johnson, Luckie, Lundy, Milkovich, Newbold, Ramos, Sykes, Winburn, Young Speaker Batchelder
Senators Brown, Bacon, Beagle, Hite, Hughes, Jones, Manning, Sawyer, Seitz, Tavares, Wagoner
To enact section 4731.228 of the Revised Code
regarding responsibility for notifying patients
that a physician's employment by a health care
entity has been terminated.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4731.228 of the Revised Code be
enacted to read as follows:
Sec. 4731.228. (A) As used in this section:
(1) "Federally qualified health center" has the same meaning
as in section 3701.047 of the Revised Code.
(2) "Federally qualified health center look-alike" has the
same meaning as in section 3701.047 of the Revised Code.
(3) "Health care entity" means any of the following that
employs a physician to provide physician services:
(a) A hospital registered with the department of health under
section 3701.07 of the Revised Code;
(b) A corporation formed under division (B) of section
1701.03 of the Revised Code;
(c) A corporation formed under Chapter 1702. of the Revised
(d) A limited liability company formed under Chapter 1705. of
the Revised Code;
(e) A health insuring corporation holding a certificate of
authority under Chapter 1751. of the Revised Code;
(g) A professional association formed under Chapter 1785. of
the Revised Code.
(4) "Physician" means an individual authorized under this
chapter to practice medicine and surgery, osteopathic medicine and
surgery, or podiatric medicine and surgery.
(5) "Physician services" means direct patient care services
provided by a physician pursuant to a certificate issued to the
physician by the state medical board.
(6) "Termination" means the end of a physician's employment
with a health care entity for any reason.
(B) This section applies when a physician's employment with a
health care entity to provide physician services is terminated for
any reason, unless the physician continues to provide medical
services for patients of the health care entity on an independent
(C)(1) Except as provided in division (C)(2) of this section,
a health care entity shall send notice of the termination of a
physician's employment to each patient who received physician
services from the physician in the two-year period immediately
preceding the date of employment termination. Only patients of the
health care entity who received services from the physician are to
receive the notice.
(2) If the health care entity provides to the physician a
list of patients treated and patient contact information, the
health care entity may require the physician to send the notice
required by this section.
(D) The notice provided under division (C) of this section
shall be provided not later than the date of termination or thirty
days after the health care entity has actual knowledge of
termination or resignation of the physician, whichever is later.
The notice shall be provided in accordance with rules adopted by
the state medical board under section 4731.05 of the Revised Code.
The notice shall include at least all of the following:
(1) A notice to the patient that the physician will no longer
be practicing medicine as an employee of the health care entity;
(2) Except in situations in which the health care entity has
a good faith concern that the physician's conduct or the medical
care provided by the physician would jeopardize the health and
safety of patients, the physician's name and, if known by the
health care entity, information provided by the physician that the
patient may use to contact the physician;
(3) The date on which the physician ceased or will cease to
practice as an employee of the health care entity;
(4) Contact information for an alternative physician or
physicians employed by the health care entity or contact
information for a group practice that can provide care for the
(5) Contact information that enables the patient to obtain
information on the patient's medical records.
(E) The requirements of this section do not apply to any of
(1) A physician rendering services to a patient on an
episodic basis or in an emergency department or urgent care
center, when it should not be reasonably expected that related
medical services will be rendered by the physician to the patient
in the future;
(2) A medical director or other physician providing services
in a similar capacity to a medical director to patients through a
hospice care program licensed pursuant to section 3712.04 of the
(3) Medical residents, interns, and fellows who work in
hospitals, health systems, federally qualified health centers, and
federally qualified health center look-alikes as part of their
medical education and training.
(4) A physician providing services to a patient through a
community mental health agency certified by the director of mental
health under section 5119.611 of the Revised Code or an alcohol
and drug addiction program certified by the department of alcohol
and drug addiction services under section 3793.06 of the Revised
(5) A physician providing services to a patient through a
federally qualified health center or a federally qualified health
Section 2. Not later than six months after the effective date
of this section, the State Medical Board shall revise rule
4731-27-01 of the Administrative Code in accordance with section
4731.228 of the Revised Code.