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Sub. H. B. No. 438 As Reported by the House Health and Aging CommitteeAs Reported by the House Health and Aging Committee
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Fende, Barnes, Carney, Garland, Schuring, Yuko
A BILL
To amend section 4731.293 of the Revised Code to
specify requirements for obtaining and renewing a
clinical research faculty certificate and to
declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4731.293 of the Revised Code be
amended to read as follows:
Sec. 4731.293. (A) The state medical board may issue,
without examination, a visiting medical clinical research faculty
certificate to any person who applies for the certificate and
provides to the board all of the following:
(1) Evidence satisfactory to the board of all of the
following:
(a) That the applicant holds a current, unrestricted license
to practice medicine and surgery or osteopathic medicine and
surgery issued by another state or country and;
(b) That the applicant has been appointed to serve in this
state on the academic staff of a medical school accredited by the
liaison committee on medical education or an osteopathic medical
school accredited by the American osteopathic association;
(c) That the applicant is an international medical graduate
who holds a medical degree from an educational institution listed
in the international medical education directory;
(d) That the applicant will be permitted to work only under
the authority of the department director or chairperson of a
teaching hospital affiliated with the medical school where the
applicant's teaching and research activities will occur.
(2) An affidavit and supporting documentation from the dean
of the medical school or the department director or chairperson of
a teaching hospital affiliated with the school that the applicant
is qualified to perform teaching and research activities;
(3) A description from the medical school or teaching
hospital of the scope of practice in which the applicant will be
involved, including the types of teaching, research, and
procedures in which the applicant will be engaged;
(4) A description of the type and amount of patient contact
that will occur in connection with the applicant's teaching and
research activities. Except as provided in division (E) of this
section, the board shall not issue more than one visiting medical
faculty certificate to any particular person.
(B) An applicant for a visiting medical an initial clinical
research faculty certificate
shall submit evidence satisfactory
to the board that the applicant meets the requirements of division
(A) of this section. The applicant shall pay a fee of three
hundred seventy-five dollars.
The board shall maintain a register
of all persons who hold a visiting medical faculty certificate.
(C) The holder of a visiting medical clinical research
faculty certificate may practice medicine and surgery or
osteopathic medicine and surgery only as is incidental to the
certificate holder's teaching or research duties at the medical
school or
the a teaching hospitals hospital affiliated with the
school. The board may revoke a certificate on receiving proof
satisfactory to the board that the certificate holder of the
certificate has engaged in practice in this state outside the
scope of the certificate or that there are grounds for action
against the certificate holder under section 4731.22 of the
Revised Code.
(D) A visiting medical clinical research faculty certificate
is valid for
the shorter of three years or the duration of, except
that the certificate ceases to be valid if the holder's
appointment to the academic staff of the school is no longer
valid. The certificate may not be renewed.
(E) If a person was granted a visiting medical faculty
certificate before the effective date of this amendment, the
person may apply for a second visiting medical faculty
certificate, unless the person's first certificate was revoked.
The board may issue the second certificate if the applicant
complies with division (B) of this section (1) A clinical research
faculty certificate may be renewed for an additional three-year
period. There is no limit on the number of times a certificate may
be renewed. A person seeking renewal of a certificate shall apply
to the board and is eligible for renewal if the applicant does all
of the following:
(a) Pays a renewal fee of three hundred seventy-five dollars;
(b) Provides to the board an affidavit and supporting
documentation from the dean of the medical school or the
department director or chairperson of a teaching hospital
affiliated with the school that the applicant is in compliance
with the applicant's current clinical research faculty
certificate;
(c) Provides evidence satisfactory to the board of all of the
following:
(i) That the applicant continues to maintain a current,
unrestricted license to practice medicine and surgery or
osteopathic medicine and surgery issued by another state or
country;
(ii) That the applicant's initial appointment to serve in
this state on the academic staff of a medical school is still
valid or has been renewed;
(iii) That the applicant has satisfied the same continuing
medical education requirements set forth in section 4731.281 of
the Revised Code that apply to a person who holds a certificate to
practice medicine and surgery or osteopathic medicine and surgery
issued under this chapter.
(2) Regardless of whether the certificate has expired, a
person who was granted a visiting medical faculty certificate
under this section as it existed immediately prior to the
effective date of this amendment may apply for a clinical research
faculty certificate as a renewal. The board may issue the clinical
research faculty certificate if the applicant meets the
requirements of division (E)(1) of this section. The board may not
issue a clinical research faculty certificate if the visiting
medical faculty certificate was revoked.
(F) The board shall maintain a register of all persons who
hold clinical research faculty certificates.
(G) The board may adopt any rules it considers necessary to
implement this section. The rules shall be adopted in accordance
with Chapter 119. of the Revised Code.
Section 2. That existing section 4731.293 of the Revised
Code is hereby repealed.
Section 3. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for this necessity is that
swift enactment will allow several extraordinary doctors to renew
their certificates and continue their work in Ohio without
interruption. Otherwise, these doctors will not be permitted to
work in Ohio and will leave the state. Therefore, this act shall
go into immediate effect.
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