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H. B. No. 607 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Gonzales, Wachtmann
Cosponsors:
Representatives Blair, Johnson
A BILL
To amend sections 4715.30, 4723.28, 4725.19, 4725.53,
4729.16, 4730.02, 4730.25, 4731.22, 4732.17,
4734.31, 4753.10, 4755.11, 4755.47, 4755.64,
4757.36, 4758.30, 4759.07, 4760.13, 4761.09,
4762.13, 4774.13, 4778.14, and 4779.28 and to
enact section 4745.04 of the Revised Code to
require certain health care professionals to wear,
when providing direct patient care, an
identification card, badge, or similar device that
includes a photograph of the professional and
specifies the license held by the professional and
to make certain changes regarding advertising for
health care services.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4715.30, 4723.28,
4725.19,
4725.53, 4729.16,
4730.02, 4730.25, 4731.22, 4732.17,
4734.31,
4753.10, 4755.11, 4755.47,
4755.64, 4757.36, 4758.30, 4759.07,
4760.13, 4761.09, 4762.13, 4774.13, 4778.14, and
4779.28 be
amended and section 4745.04 of the Revised Code be enacted to read
as follows:
Sec. 4715.30. (A) An applicant for or holder of a
certificate or license issued under this chapter is subject to
disciplinary action by the state dental board for any of the
following reasons:
(1) Employing or cooperating in fraud or material deception
in applying for or obtaining a license or certificate;
(2) Obtaining or attempting to obtain money or anything of
value by intentional misrepresentation or material deception in
the course of practice;
(3) Advertising services in a false or misleading manner or
violating the board's rules governing time, place, and manner of
advertising;
(4) Conviction of a misdemeanor committed in the course of
practice or of any felony;
(5) Engaging in lewd or immoral conduct in connection with
the provision of dental services;
(6) Selling, prescribing, giving away, or administering drugs
for other than legal and legitimate therapeutic purposes, or
conviction of violating any law of this state or the federal
government regulating the possession, distribution, or use of any
drug;
(7) Providing or allowing dental hygienists, expanded
function dental auxiliaries, or other practitioners of auxiliary
dental occupations working under the certificate or license
holder's supervision, or a dentist holding a temporary limited
continuing education license under division (C) of section 4715.16
of the Revised Code working under the certificate or license
holder's direct supervision, to provide dental care that departs
from or fails to conform to accepted standards for the profession,
whether or not injury to a patient results;
(8) Inability to practice under accepted standards of the
profession because of physical or mental disability, dependence on
alcohol or other drugs, or excessive use of alcohol or other
drugs;
(9) Violation of any provision of this chapter or any rule
adopted thereunder;
(10) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4715.03 of
the Revised Code;
(11) Waiving the payment of all or any part of a deductible
or copayment that a patient, pursuant to a health insurance or
health care policy, contract, or plan that covers dental services,
would otherwise be required to pay if the waiver is used as an
enticement to a patient or group of patients to receive health
care services from that provider;
(12) Advertising that the certificate or license holder will
waive the payment of all or any part of a deductible or copayment
that a patient, pursuant to a health insurance or health care
policy, contract, or plan that covers dental services, would
otherwise be required to pay;
(13) Failure to comply with section 4729.79 of the Revised
Code, unless the state board of pharmacy no longer maintains a
drug database pursuant to section 4729.75 of the Revised Code;
(14) Failure to comply with the requirements of section
4745.04 of the Revised Code.
(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 a license or
certificate holder represents a clear and immediate danger to the
public health and safety if the holder is allowed to continue to
practice, or if the holder has failed to comply with an order
under division (D) of this section, the board may apply to the
court of common pleas of the county in which the holder resides
for an order temporarily suspending the holder's license or
certificate, without a prior hearing being afforded by the board,
until the board conducts an adjudication hearing pursuant to
Chapter 119. of the Revised Code. If the court temporarily
suspends a holder's license or certificate, the board shall give
written notice of the suspension personally or by certified mail
to the license or certificate holder. Such notice shall include
specific facts and reasons for finding a clear and immediate
danger to the public health and safety and shall inform the
license or certificate holder of the right to a hearing pursuant
to Chapter 119. of the Revised Code.
(F) Any holder of a certificate or license issued under this
chapter who has pleaded guilty to, has been convicted of, or has
had a judicial finding of eligibility for intervention in lieu of
conviction entered against the holder in this state for aggravated
murder, murder, voluntary manslaughter, felonious assault,
kidnapping, rape, sexual battery, gross sexual imposition,
aggravated arson, aggravated robbery, or aggravated burglary, or
who has pleaded guilty to, has been convicted of, or has had a
judicial finding of eligibility for treatment or intervention in
lieu of conviction entered against the holder in another
jurisdiction for any substantially equivalent criminal offense, is
automatically suspended from practice under this chapter in this
state and any certificate or license issued to the holder under
this chapter is automatically suspended, as of the date of the
guilty plea, conviction, or judicial finding, whether the
proceedings are brought in this state or another jurisdiction.
Continued practice by an individual after the suspension of the
individual's certificate or license under this division shall be
considered practicing without a certificate or license. The board
shall notify the suspended individual of the suspension of the
individual's certificate or license under this division by
certified mail or in person in accordance with section 119.07 of
the Revised Code. If an individual whose certificate or license is
suspended under this division fails to make a timely request for
an adjudicatory hearing, the board shall enter a final order
revoking the individual's certificate or license.
(G) Notwithstanding divisions (A)(11) and (12) of this
section, sanctions shall not be imposed against any licensee who
waives deductibles and copayments:
(1) In compliance with the health benefit plan that expressly
allows such a practice. Waiver of the deductibles or copayments
shall be made only with the full knowledge and consent of the plan
purchaser, payer, and third-party administrator. Such consent
shall be made available to the board upon request.
(2) For professional services rendered to any other person
licensed pursuant to this chapter to the extent allowed by this
chapter and the rules of the board.
(H) In no event shall the board consider or raise during a
hearing required by Chapter 119. of the Revised Code the
circumstances of, or the fact that the board has received, one or
more complaints about a person unless the one or more complaints
are the subject of the hearing or resulted in the board taking an
action authorized by this section against the person on a prior
occasion.
Sec. 4723.28. (A) The board of nursing, by a vote of a
quorum, may revoke or may refuse to grant a nursing license,
certificate of authority, or dialysis technician certificate to a
person found by the board to have committed fraud in passing an
examination required to obtain the license, certificate of
authority, or dialysis technician certificate or to have committed
fraud, misrepresentation, or deception in applying for or securing
any nursing license, certificate of authority, or dialysis
technician certificate issued by the board.
(B) Subject to division (N) of this section, the board of
nursing, by a vote of a quorum, may impose one or more of the
following sanctions: deny, revoke, suspend, or place restrictions
on any nursing license, certificate of authority, or dialysis
technician certificate issued by the board; reprimand or otherwise
discipline a holder of a nursing license, certificate of
authority, or dialysis technician certificate; or impose a fine of
not more than five hundred dollars per violation. The sanctions
may be imposed for any of the following:
(1) Denial, revocation, suspension, or restriction of
authority to practice a health care occupation, including nursing
or practice as a dialysis technician, for any reason other than a
failure to renew, in Ohio or another state or jurisdiction;
(2) Engaging in the practice of nursing or engaging in
practice as a dialysis technician, having failed to renew a
nursing license or dialysis technician certificate issued under
this chapter, or while a nursing license or dialysis technician
certificate is under suspension;
(3) Conviction of, a plea of guilty to, a judicial finding of
guilt of, a judicial finding of guilt resulting from a plea of no
contest to, or a judicial finding of eligibility for intervention
in lieu of conviction for, a misdemeanor committed in the course
of practice;
(4) Conviction of, a plea of guilty to, a judicial finding of
guilt of, a judicial finding of guilt resulting from a plea of no
contest to, or a judicial finding of eligibility for intervention
in lieu of conviction for, any felony or of any crime involving
gross immorality or moral turpitude;
(5) Selling, giving away, or administering drugs or
therapeutic devices for other than legal and legitimate
therapeutic purposes; or conviction of, a plea of guilty to, a
judicial finding of guilt of, a judicial finding of guilt
resulting from a plea of no contest to, or a judicial finding of
eligibility for intervention in lieu of conviction for, violating
any municipal, state, county, or federal drug law;
(6) Conviction of, a plea of guilty to, a judicial finding of
guilt of, a judicial finding of guilt resulting from a plea of no
contest to, or a judicial finding of eligibility for intervention
in lieu of conviction for, an act in another jurisdiction that
would constitute a felony or a crime of moral turpitude in Ohio;
(7) Conviction of, a plea of guilty to, a judicial finding of
guilt of, a judicial finding of guilt resulting from a plea of no
contest to, or a judicial finding of eligibility for intervention
in lieu of conviction for, an act in the course of practice in
another jurisdiction that would constitute a misdemeanor in Ohio;
(8) Self-administering or otherwise taking into the body any
dangerous drug, as defined in section 4729.01 of the Revised Code,
in any way not in accordance with a legal, valid prescription
issued for that individual, or self-administering or otherwise
taking into the body any drug that is a schedule I controlled
substance;
(9) Habitual indulgence in the use of controlled substances,
other habit-forming drugs, or alcohol or other chemical substances
to an extent that impairs ability to practice;
(10) Impairment of the ability to practice according to
acceptable and prevailing standards of safe nursing care because
of habitual or excessive use of drugs, alcohol, or other chemical
substances that impair the ability to practice;
(11) Impairment of the ability to practice according to
acceptable and prevailing standards of safe nursing care because
of a physical or mental disability;
(12) Assaulting or causing harm to a patient or depriving a
patient of the means to summon assistance;
(13) Obtaining or attempting to obtain money or anything of
value by intentional misrepresentation or material deception in
the course of practice;
(14) Adjudication by a probate court of being mentally ill or
mentally incompetent. The board may restore the person's nursing
license or dialysis technician certificate upon adjudication by a
probate court of the person's restoration to competency or upon
submission to the board of other proof of competency.
(15) The suspension or termination of employment by the
department of defense or the veterans administration of the United
States for any act that violates or would violate this chapter;
(16) Violation of this chapter or any rules adopted under it;
(17) Violation of any restrictions placed on a nursing
license or dialysis technician certificate by the board;
(18) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4723.07 of
the Revised Code;
(19) Failure to practice in accordance with acceptable and
prevailing standards of safe nursing care or safe dialysis care;
(20) In the case of a registered nurse, engaging in
activities that exceed the practice of nursing as a registered
nurse;
(21) In the case of a licensed practical nurse, engaging in
activities that exceed the practice of nursing as a licensed
practical nurse;
(22) In the case of a dialysis technician, engaging in
activities that exceed those permitted under section 4723.72 of
the Revised Code;
(23) Aiding and abetting a person in that person's practice
of nursing without a license or practice as a dialysis technician
without a certificate issued under this chapter;
(24) In the case of a certified registered nurse anesthetist,
clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner, except as provided in division (M) of this
section, either of the following:
(a) 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 such nursing 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;
(b) Advertising that the nurse 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 such nursing services, would otherwise be required to
pay.
(25) Failure to comply with the terms and conditions of
participation in the chemical dependency monitoring program
established under section 4723.35 of the Revised Code;
(26) Failure to comply with the terms and conditions required
under the practice intervention and improvement program
established under section 4723.282 of the Revised Code;
(27) In the case of a certified registered nurse anesthetist,
clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner:
(a) Engaging in activities that exceed those permitted for
the nurse's nursing specialty under section 4723.43 of the Revised
Code;
(b) Failure to meet the quality assurance standards
established under section 4723.07 of the Revised Code.
(28) In the case of a clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner, failure to
maintain a standard care arrangement in accordance with section
4723.431 of the Revised Code or to practice in accordance with the
standard care arrangement;
(29) In the case of a clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner who holds a
certificate to prescribe issued under section 4723.48 of the
Revised Code, failure to prescribe drugs and therapeutic devices
in accordance with section 4723.481 of the Revised Code;
(30) Prescribing any drug or device to perform or induce an
abortion, or otherwise performing or inducing an abortion;
(31) Failure to establish and maintain professional
boundaries with a patient, as specified in rules adopted under
section 4723.07 of the Revised Code;
(32) Regardless of whether the contact or verbal behavior is
consensual, engaging with a patient other than the spouse of the
registered nurse, licensed practical nurse, or dialysis technician
in any of the following:
(a) Sexual contact, as defined in section 2907.01 of the
Revised Code;
(b) Verbal behavior that is sexually demeaning to the patient
or may be reasonably interpreted by the patient as sexually
demeaning.
(33) Assisting suicide as defined in section 3795.01 of the
Revised Code;
(34) Making a false, fraudulent, deceptive, or misleading
statement in the solicitation of or advertising for patients in
relation to the practice of nursing or the practice of a dialysis
technician;
(35) Failure to comply with the requirements of section
4745.04 of the Revised Code.
(C) Disciplinary actions taken by the board under divisions
(A) and (B) of this section shall be taken pursuant to an
adjudication conducted under Chapter 119. of the Revised Code,
except that in lieu of a hearing, the board may enter into a
consent agreement with an individual to resolve an allegation of a
violation of this chapter or any rule adopted under it. A consent
agreement, when ratified by a vote of a quorum, shall constitute
the findings and order of the board with respect to the matter
addressed in the agreement. If the board refuses to ratify a
consent agreement, the admissions and findings contained in the
agreement shall be of no effect.
(D) The hearings of the board shall be conducted in
accordance with Chapter 119. of the Revised Code, the board may
appoint a hearing examiner, as provided in section 119.09 of the
Revised Code, to conduct any hearing the board is authorized to
hold under Chapter 119. of the Revised Code.
In any instance in which the board is required under Chapter
119. of the Revised Code to give notice of an opportunity for a
hearing and the applicant or license holder does not make a timely
request for a hearing in accordance with section 119.07 of the
Revised Code, the board is not required to hold a hearing, but may
adopt, by a vote of a quorum, a final order that contains the
board's findings. In the final order, the board may order any of
the sanctions listed in division (A) or (B) of this section.
(E) If a criminal action is brought against a registered
nurse, licensed practical nurse, or dialysis technician for an act
or crime described in divisions (B)(3) to (7) of this section and
the action is dismissed by the trial court other than on the
merits, the board shall conduct an adjudication to determine
whether the registered nurse, licensed practical nurse, or
dialysis technician committed the act on which the action was
based. If the board determines on the basis of the adjudication
that the registered nurse, licensed practical nurse, or dialysis
technician committed the act, or if the registered nurse, licensed
practical nurse, or dialysis technician fails to participate in
the adjudication, the board may take action as though the
registered nurse, licensed practical nurse, or dialysis technician
had been convicted of the act.
If the board takes action on the basis of a conviction, plea,
or a judicial finding as described in divisions (B)(3) to (7) of
this section that is overturned on appeal, the registered nurse,
licensed practical nurse, or dialysis technician may, on
exhaustion of the appeal process, petition the board for
reconsideration of its action. On receipt of the petition and
supporting court documents, the board shall temporarily rescind
its action. If the board determines that the decision on appeal
was a decision on the merits, it shall permanently rescind its
action. If the board determines that the decision on appeal was
not a decision on the merits, it shall conduct an adjudication to
determine whether the registered nurse, licensed practical nurse,
or dialysis technician committed the act on which the original
conviction, plea, or judicial finding was based. If the board
determines on the basis of the adjudication that the registered
nurse, licensed practical nurse, or dialysis technician committed
such act, or if the registered nurse, licensed practical nurse, or
dialysis technician does not request an adjudication, the board
shall reinstate its action; otherwise, the board shall permanently
rescind its action.
Notwithstanding the provision of division (C)(2) of section
2953.32 of the Revised Code specifying that if records pertaining
to a criminal case are sealed under that section the proceedings
in the case shall be deemed not to have occurred, sealing of the
records of a conviction on which the board has based an action
under this section shall have no effect on the board's action or
any sanction imposed by the board under this section.
The board shall not be required to seal, destroy, redact, or
otherwise modify its records to reflect the court's sealing of
conviction records.
(F) The board may investigate an individual's criminal
background in performing its duties under this section.
(G) During the course of an investigation conducted under
this section, the board may compel any registered nurse, licensed
practical nurse, or dialysis technician or applicant under this
chapter to submit to a mental or physical examination, or both, as
required by the board and at the expense of the individual, if the
board finds reason to believe that the individual under
investigation may have a physical or mental impairment that may
affect the individual's ability to provide safe nursing care.
Failure of any individual to submit to a mental or physical
examination when directed constitutes an admission of the
allegations, unless the failure is due to circumstances beyond the
individual's control, and a default and final order may be entered
without the taking of testimony or presentation of evidence.
If the board finds that an individual is impaired, the board
shall require the individual to submit to care, counseling, or
treatment approved or designated by the board, as a condition for
initial, continued, reinstated, or renewed authority to practice.
The individual shall be afforded an opportunity to demonstrate to
the board that the individual can begin or resume the individual's
occupation in compliance with acceptable and prevailing standards
of care under the provisions of the individual's authority to
practice.
For purposes of this division, any registered nurse, licensed
practical nurse, or dialysis technician or applicant under this
chapter shall be deemed to have given consent to submit to a
mental or physical examination when directed to do so in writing
by the board, and to have waived all objections to the
admissibility of testimony or examination reports that constitute
a privileged communication.
(H) The board shall investigate evidence that appears to show
that any person has violated any provision of this chapter or any
rule of the board. Any person may report to the board any
information the person may have that appears to show a violation
of any provision of this chapter or rule of the board. In the
absence of bad faith, any person who reports such information or
who testifies before the board in any adjudication conducted under
Chapter 119. of the Revised Code shall not be liable for civil
damages as a result of the report or testimony.
(I) All of the following apply under this chapter with
respect to the confidentiality of information:
(1) Information received by the board pursuant to an
investigation is confidential and not subject to discovery in any
civil action, except that the board may disclose information to
law enforcement officers and government entities investigating
either a licensed health care professional, including a registered
nurse, licensed practical nurse, or dialysis technician, or a
person who may have engaged in the unauthorized practice of
nursing. No law enforcement officer or government entity with
knowledge of any information disclosed by the board pursuant to
this division shall divulge the information to any other person or
government entity except for the purpose of a government
investigation, a prosecution, or an adjudication by a court or
government entity.
(2) If an investigation requires a review of patient records,
the investigation and proceeding shall be conducted in such a
manner as to protect patient confidentiality.
(3) All adjudications and investigations of the board shall
be considered civil actions for the purposes of section 2305.252
of the Revised Code.
(4) Any board activity that involves continued monitoring of
an individual as part of or following any disciplinary action
taken under this section shall be conducted in a manner that
maintains the individual's confidentiality. Information received
or maintained by the board with respect to the board's monitoring
activities is confidential and not subject to discovery in any
civil action.
(J) Any action taken by the board under this section
resulting in a suspension from practice shall be accompanied by a
written statement of the conditions under which the person may be
reinstated to practice.
(K) When the board refuses to grant a license or certificate
to an applicant, revokes a license or certificate, or refuses to
reinstate a license or certificate, the board may specify that its
action is permanent. An individual subject to permanent action
taken by the board is forever ineligible to hold a license or
certificate of the type that was refused or revoked and the board
shall not accept from the individual an application for
reinstatement of the license or certificate or for a new license
or certificate.
(L) No unilateral surrender of a nursing license, certificate
of authority, or dialysis technician certificate issued under this
chapter shall be effective unless accepted by majority vote of the
board. No application for a nursing license, certificate of
authority, or dialysis technician certificate issued under this
chapter may be withdrawn without a majority vote of the board. The
board's jurisdiction to take disciplinary action under this
section is not removed or limited when an individual has a license
or certificate classified as inactive or fails to renew a license
or certificate.
(M) Sanctions shall not be imposed under division (B)(24) of
this section against any licensee who waives deductibles and
copayments as follows:
(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. Documentation of
the 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.
(N)(1) Any person who enters a prelicensure nursing education
program on or after June 1, 2003, and who subsequently applies
under division (A) of section 4723.09 of the Revised Code for
licensure to practice as a registered nurse or as a licensed
practical nurse and any person who applies under division (B) of
that section for license by endorsement to practice nursing as a
registered nurse or as a licensed practical nurse shall submit a
request to the bureau of criminal identification and investigation
for the bureau to conduct a criminal records check of the
applicant and to send the results to the board, in accordance with
section 4723.09 of the Revised Code.
The board shall refuse to grant a license to practice nursing
as a registered nurse or as a licensed practical nurse under
section 4723.09 of the Revised Code to a person who entered a
prelicensure nursing education program on or after June 1, 2003,
and applied under division (A) of section 4723.09 of the Revised
Code for the license or a person who applied under division (B) of
that section for the license, if the criminal records check
performed in accordance with division (C) of that section
indicates that the person has pleaded guilty to, been convicted
of, or has had a judicial finding of guilt for violating section
2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02, 2907.03,
2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code or a
substantially similar law of another state, the United States, or
another country.
(2) Any person who enters a dialysis training program on or
after June 1, 2003, and who subsequently applies for a certificate
to practice as a dialysis technician shall submit a request to the
bureau of criminal identification and investigation for the bureau
to conduct a criminal records check of the applicant and to send
the results to the board, in accordance with section 4723.75 of
the Revised Code.
The board shall refuse to issue a certificate to practice as
a dialysis technician under section 4723.75 of the Revised Code to
a person who entered a dialysis training program on or after June
1, 2003, and whose criminal records check performed in accordance
with division (C) of that section indicates that the person has
pleaded guilty to, been convicted of, or has had a judicial
finding of guilt for violating section 2903.01, 2903.02, 2903.03,
2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or
2911.11 of the Revised Code or a substantially similar law of
another state, the United States, or another country.
Sec. 4725.19. (A) In accordance with Chapter 119. of the
Revised Code and by an affirmative vote of a majority of its
members, the state board of optometry, for any of the reasons
specified in division (B) of this section, shall refuse to grant a
certificate of licensure to an applicant and may, with respect to
a licensed optometrist, do one or more of the following:
(1) Suspend the operation of any certificate of licensure,
topical ocular pharmaceutical agents certificate, or therapeutic
pharmaceutical agents certificate, or all certificates granted by
it to the optometrist;
(2) Permanently revoke any or all of the certificates;
(3) Limit or otherwise place restrictions on any or all of
the certificates;
(4) Reprimand the optometrist;
(5) Impose a monetary penalty. If the reason for which the
board is imposing the penalty involves a criminal offense that
carries a fine under the Revised Code, the penalty shall not
exceed the maximum fine that may be imposed for the criminal
offense. In any other case, the penalty imposed by the board shall
not exceed five hundred dollars.
(B) The sanctions specified in division (A) of this section
may be taken by the board for any of the following reasons:
(1) Committing fraud in passing the licensing examination or
making false or purposely misleading statements in an application
for a certificate of licensure;
(2) Being at any time guilty of immorality, regardless of the
jurisdiction in which the act was committed;
(3) Being guilty of dishonesty or unprofessional conduct in
the practice of optometry;
(4) Being at any time guilty of a felony, regardless of the
jurisdiction in which the act was committed;
(5) Being at any time guilty of a misdemeanor committed in
the course of practice, regardless of the jurisdiction in which
the act was committed;
(6) Violating the conditions of any limitation or other
restriction placed by the board on any certificate issued by the
board;
(7) Engaging in the practice of optometry as provided in
division (A)(1), (2), or (3) of section 4725.01 of the Revised
Code when the certificate authorizing that practice is under
suspension, in which case the board shall permanently revoke the
certificate;
(8) Being denied a license to practice optometry in another
state or country or being subject to any other sanction by the
optometric licensing authority of another state or country, other
than sanctions imposed for the nonpayment of fees;
(9) Departing from or failing to conform to acceptable and
prevailing standards of care in the practice of optometry as
followed by similar practitioners under the same or similar
circumstances, regardless of whether actual injury to a patient is
established;
(10) Failing to maintain comprehensive patient records;
(11) Advertising a price of optical accessories, eye
examinations, or other products or services by any means that
would deceive or mislead the public;
(12) Being addicted to the use of alcohol, stimulants,
narcotics, or any other substance which impairs the intellect and
judgment to such an extent as to hinder or diminish the
performance of the duties included in the person's practice of
optometry;
(13) Engaging in the practice of optometry as provided in
division (A)(2) or (3) of section 4725.01 of the Revised Code
without authority to do so or, if authorized, in a manner
inconsistent with the authority granted;
(14) Failing to make a report to the board as required by
division (A) of section 4725.21 or section 4725.31 of the Revised
Code;
(15) Soliciting patients from door to door or establishing
temporary offices, in which case the board shall suspend all
certificates held by the optometrist;
(16) Except as provided in division (D) of this section:
(a) 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 optometric 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 optometrist.
(b) Advertising that the optometrist 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 optometric services, would otherwise be required
to pay;
(17) Failure to comply with the requirements of section
4745.04 of the Revised Code.
(C) Any person who is the holder of a certificate of
licensure, or who is an applicant for a certificate of licensure
against whom is preferred any charges, shall be furnished by the
board with a copy of the complaint and shall have a hearing before
the board in accordance with Chapter 119. of the Revised Code.
(D) Sanctions shall not be imposed under division (B)(16) of
this section against any optometrist 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. Documentation of
the consent shall be made available to the board upon request.
(2) For professional services rendered to any other
optometrist licensed by the board, to the extent allowed by
sections 4725.01 to 4725.34 of the Revised Code and the rules of
the board.
Sec. 4725.53. (A) The Ohio optical dispensers board, by a
majority vote of its members, may refuse to grant a license and,
in accordance with Chapter 119. of the Revised Code, may suspend
or revoke the license of a licensed dispensing optician or impose
a fine or order restitution pursuant to division (B) of this
section on any of the following grounds:
(1) Conviction of a crime involving moral turpitude or a
disqualifying offense as those terms are defined in section
4776.10 of the Revised Code;
(2) Obtaining or attempting to obtain a license by fraud or
deception;
(3) Obtaining any fee or making any sale of an optical aid by
means of fraud or misrepresentation;
(4) Habitual indulgence in the use of controlled substances
or other habit-forming drugs, or in the use of alcoholic liquors
to an extent that affects professional competency;
(5) Finding by a court of competent jurisdiction that the
applicant or licensee is incompetent by reason of mental illness
and no subsequent finding by the court of competency;
(6) Finding by a court of law that the licensee is guilty of
incompetence or negligence in the dispensing of optical aids;
(7) Knowingly permitting or employing a person whose license
has been suspended or revoked or an unlicensed person to engage in
optical dispensing;
(8) Permitting another person to use the licensee's license;
(9) Engaging in optical dispensing not pursuant to the
prescription of a licensed physician or licensed optometrist, but
nothing in this section shall prohibit the duplication or
replacement of previously prepared optical aids, except contact
lenses shall not be duplicated or replaced without a written
prescription;
(10) Violation of sections 4725.40 to 4725.59 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 optical
dispensing 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 licensee 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 optical dispensing services, would otherwise be
required to pay;
(13) Making a false, fraudulent, deceptive, or misleading
statement in the solicitation of or advertising for patients in
relation to the practice of a licensed dispensing optician;
(14) Failure to comply with the requirements of section
4745.04 of the Revised Code.
(B) The board may impose a fine of not more than five hundred
dollars for a first occurrence of an action that is grounds for
discipline under this section and of not less than five hundred
nor more than one thousand dollars for a subsequent occurrence, or
may order the licensee to make restitution to a person who has
suffered a financial loss as a result of the licensee's failure to
comply with sections 4725.40 to 4725.59 of the Revised Code.
(C) 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 copays 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.
Sec. 4729.16. (A) The state board of pharmacy, after notice
and hearing in accordance with Chapter 119. of the Revised Code,
may revoke, suspend, limit, place on probation, or refuse to grant
or renew an identification card, or may impose a monetary penalty
or forfeiture not to exceed in severity any fine designated under
the Revised Code for a similar offense, or in the case of a
violation of a section of the Revised Code that does not bear a
penalty, a monetary penalty or forfeiture of not more than five
hundred dollars, if the board finds a pharmacist or pharmacy
intern:
(1) Guilty of a felony or gross immorality;
(2) Guilty of dishonesty or unprofessional conduct in the
practice of pharmacy;
(3) Addicted to or abusing liquor or drugs or impaired
physically or mentally to such a degree as to render the
pharmacist or pharmacy intern unfit to practice pharmacy;
(4) Has been convicted of a misdemeanor related to, or
committed in, the practice of pharmacy;
(5) Guilty of willfully violating, conspiring to violate,
attempting to violate, or aiding and abetting the violation of any
of the provisions of this chapter, sections 3715.52 to 3715.72 of
the Revised Code, Chapter 2925. or 3719. of the Revised Code, or
any rule adopted by the board under those provisions;
(6) Guilty of permitting anyone other than a pharmacist or
pharmacy intern to practice pharmacy;
(7) Guilty of knowingly lending the pharmacist's or pharmacy
intern's name to an illegal practitioner of pharmacy or having
professional connection with an illegal practitioner of pharmacy;
(8) Guilty of dividing or agreeing to divide remuneration
made in the practice of pharmacy with any other individual,
including, but not limited to, any licensed health professional
authorized to prescribe drugs or any owner, manager, or employee
of a health care facility, residential care facility, or nursing
home;
(9) Has violated the terms of a consult agreement entered
into pursuant to section 4729.39 of the Revised Code;
(10) Has committed fraud, misrepresentation, or deception in
applying for or securing a license or identification card issued
by the board under this chapter or under Chapter 3715. or 3719. of
the Revised Code;
(11) Has made a false, fraudulent, deceptive, or misleading
statement in the solicitation of or advertising for patients in
relation to the practice of a pharmacist or a pharmacy intern;
(12) Has failed to comply with the requirements of section
4745.04 of the Revised Code.
(B) Any individual whose identification card is revoked,
suspended, or refused, shall return the identification card and
license to the offices of the state board of pharmacy within ten
days after receipt of notice of such action.
(C) As used in this section:
"Unprofessional conduct in the practice of pharmacy" includes
any of the following:
(1) Advertising or displaying signs that promote dangerous
drugs to the public in a manner that is false or misleading;
(2) Except as provided in section 4729.281 of the Revised
Code, the sale of any drug for which a prescription is required,
without having received a prescription for the drug;
(3) Knowingly dispensing medication pursuant to false or
forged prescriptions;
(4) Knowingly failing to maintain complete and accurate
records of all dangerous drugs received or dispensed in compliance
with federal laws and regulations and state laws and rules;
(5) Obtaining any remuneration by fraud, misrepresentation,
or deception.
(D) The board may suspend a license or identification card
under division (B) of section 3719.121 of the Revised Code by
utilizing a telephone conference call to review the allegations
and take a vote.
(E) If, pursuant to an adjudication under Chapter 119. of the
Revised Code, the board has reasonable cause to believe that a
pharmacist or pharmacy intern is physically or mentally impaired,
the board may require the pharmacist or pharmacy intern to submit
to a physical or mental examination, or both.
Sec. 4730.02. (A) No person shall hold that person out as
being able to function as a physician assistant, or use any words
or letters indicating or implying that the person is a physician
assistant, without a current, valid certificate to practice as a
physician assistant issued pursuant to this chapter.
(B) No person shall practice as a physician assistant without
the supervision, control, and direction of a physician.
(C) No person shall act as the supervising physician of a
physician assistant without having received the state medical
board's approval of a supervision agreement entered into with the
physician assistant.
(D) No person shall practice as a physician assistant without
having entered into a supervision agreement that has been approved
by the state medical board.
(E) No person acting as the supervising physician of a
physician assistant shall authorize the physician assistant to
perform services if either of the following is the case:
(1) The services are not within the physician's normal course
of practice and expertise;
(2) The services are inconsistent with the physician
supervisory plan approved by the state medical board for the
supervising physician or the policies of the health care facility
in which the physician and physician assistant are practicing.
(F) No person shall practice as a physician assistant in a
manner that is inconsistent with the physician supervisory plan
approved for the physician who is responsible for supervising the
physician assistant or the policies of the health care facility in
which the physician assistant is practicing.
(G) No person practicing as a physician assistant shall
prescribe any drug or device to perform or induce an abortion, or
otherwise perform or induce an abortion.
(H) No person shall advertise to provide services as a
physician assistant, except for the purpose of seeking employment.
(I) No person practicing as a physician assistant shall fail
to wear at all times when on duty a placard, plate, or other
device identifying that person as a "physician assistant."
Sec. 4730.25. (A) The state medical board, by an affirmative
vote of not fewer than six members, may revoke or may refuse to
grant a certificate to practice as a physician assistant or a
certificate to prescribe to a person found by the board to have
committed fraud, misrepresentation, or deception in applying for
or securing the certificate.
(B) The board, by an affirmative vote of not fewer than six
members, shall, to the extent permitted by law, limit, revoke, or
suspend an individual's certificate to practice as a physician
assistant or certificate to prescribe, refuse to issue a
certificate to an applicant, refuse to reinstate a certificate, or
reprimand or place on probation the holder of a certificate for
any of the following reasons:
(1) Failure to practice in accordance with the conditions
under which the supervising physician's supervision agreement with
the physician assistant was approved, including the requirement
that when practicing under a particular supervising physician, the
physician assistant must practice only according to the physician
supervisory plan the board approved for that physician or the
policies of the health care facility in which the supervising
physician and physician assistant are practicing;
(2) Failure to comply with the requirements of this chapter,
Chapter 4731. of the Revised Code, or any rules adopted by the
board;
(3) Violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of, or
conspiring to violate, any provision of this chapter, Chapter
4731. of the Revised Code, or the rules adopted by the board;
(4) Inability to practice according to acceptable and
prevailing standards of care by reason of mental illness or
physical illness, including physical deterioration that adversely
affects cognitive, motor, or perceptive skills;
(5) Impairment of ability to practice according to acceptable
and prevailing standards of care because of habitual or excessive
use or abuse of drugs, alcohol, or other substances that impair
ability to practice;
(6) Administering drugs for purposes other than those
authorized under this chapter;
(7) Willfully betraying a professional confidence;
(8) Making a false, fraudulent, deceptive, or misleading
statement in soliciting or advertising for employment as a
physician assistant; in connection with any solicitation or
advertisement for patients; in relation to the practice of
medicine as it pertains to physician assistants; or in securing or
attempting to secure a certificate to practice as a physician
assistant, a certificate to prescribe, or approval of a
supervision agreement.
As used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive because
of a failure to disclose material facts, is intended or is likely
to create false or unjustified expectations of favorable results,
or includes representations or implications that in reasonable
probability will cause an ordinarily prudent person to
misunderstand or be deceived.
(9) Representing, with the purpose of obtaining compensation
or other advantage personally or for any other person, that an
incurable disease or injury, or other incurable condition, can be
permanently cured;
(10) The obtaining of, or attempting to obtain, money or
anything of value by fraudulent misrepresentations in the course
of practice;
(11) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a felony;
(12) Commission of an act that constitutes a felony in this
state, regardless of the jurisdiction in which the act was
committed;
(13) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor committed in the course of practice;
(14) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor involving moral turpitude;
(15) Commission of an act in the course of practice that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(16) Commission of an act involving moral turpitude that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(17) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for violating any state or federal law regulating the
possession, distribution, or use of any drug, including
trafficking in drugs;
(18) Any of the following actions taken by the state agency
responsible for regulating the practice of physician assistants in
another state, for any reason other than the nonpayment of fees:
the limitation, revocation, or suspension of an individual's
license to practice; acceptance of an individual's license
surrender; denial of a license; refusal to renew or reinstate a
license; imposition of probation; or issuance of an order of
censure or other reprimand;
(19) A departure from, or failure to conform to, minimal
standards of care of similar physician assistants under the same
or similar circumstances, regardless of whether actual injury to a
patient is established;
(20) Violation of the conditions placed by the board on a
certificate to practice as a physician assistant, a certificate to
prescribe, a physician supervisory plan, or supervision agreement;
(21) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4731.051 of
the Revised Code;
(22) Failure to cooperate in an investigation conducted by
the board under section 4730.26 of the Revised Code, including
failure to comply with a subpoena or order issued by the board or
failure to answer truthfully a question presented by the board at
a deposition or in written interrogatories, except that failure to
cooperate with an investigation shall not constitute grounds for
discipline under this section if a court of competent jurisdiction
has issued an order that either quashes a subpoena or permits the
individual to withhold the testimony or evidence in issue;
(23) Assisting suicide as defined in section 3795.01 of the
Revised Code;
(24) Prescribing any drug or device to perform or induce an
abortion, or otherwise performing or inducing an abortion;
(25) Failure to comply with the requirements of section
4745.04 of the Revised Code.
(C) Disciplinary actions taken by the board under divisions
(A) and (B) of this section shall be taken pursuant to an
adjudication under Chapter 119. of the Revised Code, except that
in lieu of an adjudication, the board may enter into a consent
agreement with a physician assistant or applicant to resolve an
allegation of a violation of this chapter or any rule adopted
under it. A consent agreement, when ratified by an affirmative
vote of not fewer than six members of the board, shall constitute
the findings and order of the board with respect to the matter
addressed in the agreement. If the board refuses to ratify a
consent agreement, the admissions and findings contained in the
consent agreement shall be of no force or effect.
(D) For purposes of divisions (B)(12), (15), and (16) of this
section, the commission of the act may be established by a finding
by the board, pursuant to an adjudication under Chapter 119. of
the Revised Code, that the applicant or certificate holder
committed the act in question. The board shall have no
jurisdiction under these divisions in cases where the trial court
renders a final judgment in the certificate holder's favor and
that judgment is based upon an adjudication on the merits. The
board shall have jurisdiction under these divisions in cases where
the trial court issues an order of dismissal upon technical or
procedural grounds.
(E) The sealing of conviction records by any court shall have
no effect upon a prior board order entered under the provisions of
this section or upon the board's jurisdiction to take action under
the provisions of this section if, based upon a plea of guilty, a
judicial finding of guilt, or a judicial finding of eligibility
for intervention in lieu of conviction, the board issued a notice
of opportunity for a hearing prior to the court's order to seal
the records. The board shall not be required to seal, destroy,
redact, or otherwise modify its records to reflect the court's
sealing of conviction records.
(F) For purposes of this division, any individual who holds a
certificate issued under this chapter, or applies for a
certificate issued under this chapter, shall be deemed to have
given consent to submit to a mental or physical examination when
directed to do so in writing by the board and to have waived all
objections to the admissibility of testimony or examination
reports that constitute a privileged communication.
(1) In enforcing division (B)(4) of this section, the board,
upon a showing of a possible violation, may compel any individual
who holds a certificate issued under this chapter or who has
applied for a certificate pursuant to this chapter to submit to a
mental examination, physical examination, including an HIV test,
or both a mental and physical examination. The expense of the
examination is the responsibility of the individual compelled to
be examined. Failure to submit to a mental or physical examination
or consent to an HIV test ordered by the board constitutes an
admission of the allegations against the individual unless the
failure is due to circumstances beyond the individual's control,
and a default and final order may be entered without the taking of
testimony or presentation of evidence. If the board finds a
physician assistant unable to practice because of the reasons set
forth in division (B)(4) of this section, the board shall require
the physician assistant to submit to care, counseling, or
treatment by physicians approved or designated by the board, as a
condition for an initial, continued, reinstated, or renewed
certificate. An individual affected under this division shall be
afforded an opportunity to demonstrate to the board the ability to
resume practicing in compliance with acceptable and prevailing
standards of care.
(2) For purposes of division (B)(5) of this section, if the
board has reason to believe that any individual who holds a
certificate issued under this chapter or any applicant for a
certificate suffers such impairment, the board may compel the
individual to submit to a mental or physical examination, or both.
The expense of the examination is the responsibility of the
individual compelled to be examined. Any mental or physical
examination required under this division shall be undertaken by a
treatment provider or physician qualified to conduct such
examination and chosen by the board.
Failure to submit to a mental or physical examination ordered
by the board constitutes an admission of the allegations against
the individual unless the failure is due to circumstances beyond
the individual's control, and a default and final order may be
entered without the taking of testimony or presentation of
evidence. If the board determines that the individual's ability to
practice is impaired, the board shall suspend the individual's
certificate or deny the individual's application and shall require
the individual, as a condition for initial, continued, reinstated,
or renewed certification to practice or prescribe, to submit to
treatment.
Before being eligible to apply for reinstatement of a
certificate suspended under this division, the physician assistant
shall demonstrate to the board the ability to resume practice or
prescribing in compliance with acceptable and prevailing standards
of care. The demonstration shall include the following:
(a) Certification from a treatment provider approved under
section 4731.25 of the Revised Code that the individual has
successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an aftercare
contract or consent agreement;
(c) Two written reports indicating that the individual's
ability to practice has been assessed and that the individual has
been found capable of practicing according to acceptable and
prevailing standards of care. The reports shall be made by
individuals or providers approved by the board for making such
assessments and shall describe the basis for their determination.
The board may reinstate a certificate suspended under this
division after such demonstration and after the individual has
entered into a written consent agreement.
When the impaired physician assistant resumes practice or
prescribing, the board shall require continued monitoring of the
physician assistant. The monitoring shall include compliance with
the written consent agreement entered into before reinstatement or
with conditions imposed by board order after a hearing, and, upon
termination of the consent agreement, submission to the board for
at least two years of annual written progress reports made under
penalty of falsification stating whether the physician assistant
has maintained sobriety.
(G) If the secretary and supervising member determine that
there is clear and convincing evidence that a physician assistant
has violated division (B) of this section and that the
individual's continued practice or prescribing presents a danger
of immediate and serious harm to the public, they may recommend
that the board suspend the individual's certificate to practice or
prescribe without a prior hearing. Written allegations shall be
prepared for consideration by the board.
The board, upon review of those allegations and by an
affirmative vote of not fewer than six of its members, excluding
the secretary and supervising member, may suspend a certificate
without a prior hearing. A telephone conference call may be
utilized for reviewing the allegations and taking the vote on the
summary suspension.
The board shall issue a written order of suspension by
certified mail or in person in accordance with section 119.07 of
the Revised Code. The order shall not be subject to suspension by
the court during pendency of any appeal filed under section 119.12
of the Revised Code. If the physician assistant requests an
adjudicatory hearing by the board, the date set for the hearing
shall be within fifteen days, but not earlier than seven days,
after the physician assistant requests the hearing, unless
otherwise agreed to by both the board and the certificate holder.
A summary suspension imposed under this division shall remain
in effect, unless reversed on appeal, until a final adjudicative
order issued by the board pursuant to this section and Chapter
119. of the Revised Code becomes effective. The board shall issue
its final adjudicative order within sixty days after completion of
its hearing. Failure to issue the order within sixty days shall
result in dissolution of the summary suspension order, but shall
not invalidate any subsequent, final adjudicative order.
(H) If the board takes action under division (B)(11), (13),
or (14) of this section, and the judicial finding of guilt, guilty
plea, or judicial finding of eligibility for intervention in lieu
of conviction is overturned on appeal, upon exhaustion of the
criminal appeal, a petition for reconsideration of the order may
be filed with the board along with appropriate court documents.
Upon receipt of a petition and supporting court documents, the
board shall reinstate the certificate to practice or prescribe.
The board may then hold an adjudication under Chapter 119. of the
Revised Code to determine whether the individual committed the act
in question. Notice of opportunity for hearing shall be given in
accordance with Chapter 119. of the Revised Code. If the board
finds, pursuant to an adjudication held under this division, that
the individual committed the act, or if no hearing is requested,
it may order any of the sanctions identified under division (B) of
this section.
(I) The certificate to practice issued to a physician
assistant and the physician assistant's practice in this state are
automatically suspended as of the date the physician assistant
pleads guilty to, is found by a judge or jury to be guilty of, or
is subject to a judicial finding of eligibility for intervention
in lieu of conviction in this state or treatment or intervention
in lieu of conviction in another state for any of the following
criminal offenses in this state or a substantially equivalent
criminal offense in another jurisdiction: aggravated murder,
murder, voluntary manslaughter, felonious assault, kidnapping,
rape, sexual battery, gross sexual imposition, aggravated arson,
aggravated robbery, or aggravated burglary. Continued practice
after the suspension shall be considered practicing without a
certificate.
The board shall notify the individual subject to the
suspension by certified mail or in person in accordance with
section 119.07 of the Revised Code. If an individual whose
certificate is suspended under this division fails to make a
timely request for an adjudication under Chapter 119. of the
Revised Code, the board shall enter a final order permanently
revoking the individual's certificate to practice.
(J) In any instance in which the board is required by Chapter
119. of the Revised Code to give notice of opportunity for hearing
and the individual subject to the notice does not timely request a
hearing in accordance with section 119.07 of the Revised Code, the
board is not required to hold a hearing, but may adopt, by an
affirmative vote of not fewer than six of its members, a final
order that contains the board's findings. In that final order, the
board may order any of the sanctions identified under division (A)
or (B) of this section.
(K) Any action taken by the board under division (B) of this
section resulting in a suspension shall be accompanied by a
written statement of the conditions under which the physician
assistant's certificate may be reinstated. The board shall adopt
rules in accordance with Chapter 119. of the Revised Code
governing conditions to be imposed for reinstatement.
Reinstatement of a certificate suspended pursuant to division (B)
of this section requires an affirmative vote of not fewer than six
members of the board.
(L) When the board refuses to grant to an applicant a
certificate to practice as a physician assistant or a certificate
to prescribe, revokes an individual's certificate, refuses to
issue a certificate, or refuses to reinstate an individual's
certificate, the board may specify that its action is permanent.
An individual subject to a permanent action taken by the board is
forever thereafter ineligible to hold the certificate and the
board shall not accept an application for reinstatement of the
certificate or for issuance of a new certificate.
(M) Notwithstanding any other provision of the Revised Code,
all of the following apply:
(1) The surrender of a certificate issued under this chapter
is not effective unless or until accepted by the board.
Reinstatement of a certificate surrendered to the board requires
an affirmative vote of not fewer than six members of the board.
(2) An application made under this chapter for a certificate,
approval of a physician supervisory plan, or approval of a
supervision agreement may not be withdrawn without approval of the
board.
(3) Failure by an individual to renew a certificate in
accordance with section 4730.14 or section 4730.48 of the Revised
Code shall not remove or limit the board's jurisdiction to take
disciplinary action under this section against the individual.
Sec. 4731.22. (A) The state medical board, by an affirmative
vote of not fewer than six of its members, may revoke or may
refuse to grant a certificate to a person found by the board to
have committed fraud during the administration of the examination
for a certificate to practice or to have committed fraud,
misrepresentation, or deception in applying for or securing any
certificate to practice or certificate of registration issued by
the board.
(B) The board, by an affirmative vote of not fewer than six
members, shall, to the extent permitted by law, limit, revoke, or
suspend an individual's certificate to practice, refuse to
register an individual, refuse to reinstate a certificate, or
reprimand or place on probation the holder of a certificate for
one or more of the following reasons:
(1) Permitting one's name or one's certificate to practice or
certificate of registration to be used by a person, group, or
corporation when the individual concerned is not actually
directing the treatment given;
(2) Failure to maintain minimal standards applicable to the
selection or administration of drugs, or failure to employ
acceptable scientific methods in the selection of drugs or other
modalities for treatment of disease;
(3) Selling, giving away, personally furnishing, prescribing,
or administering drugs for other than legal and legitimate
therapeutic purposes or a plea of guilty to, a judicial finding of
guilt of, or a judicial finding of eligibility for intervention in
lieu of conviction of, a violation of any federal or state law
regulating the possession, distribution, or use of any drug;
(4) Willfully betraying a professional confidence.
For purposes of this division, "willfully betraying a
professional confidence" does not include providing any
information, documents, or reports to a child fatality review
board under sections 307.621 to 307.629 of the Revised Code and
does not include the making of a report of an employee's use of a
drug of abuse, or a report of a condition of an employee other
than one involving the use of a drug of abuse, to the employer of
the employee as described in division (B) of section 2305.33 of
the Revised Code. Nothing in this division affects the immunity
from civil liability conferred by that section upon a physician
who makes either type of report in accordance with division (B) of
that section. As used in this division, "employee," "employer,"
and "physician" have the same meanings as in section 2305.33 of
the Revised Code.
(5) Making a false, fraudulent, deceptive, or misleading
statement in the solicitation of or advertising for patients; in
relation to the practice of medicine and surgery, osteopathic
medicine and surgery, podiatric medicine and surgery, or a limited
branch of medicine; or in securing or attempting to secure any
certificate to practice or certificate of registration issued by
the board.
As used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive because
of a failure to disclose material facts, is intended or is likely
to create false or unjustified expectations of favorable results,
or includes representations or implications that in reasonable
probability will cause an ordinarily prudent person to
misunderstand or be deceived.
(6) A departure from, or the failure to conform to, minimal
standards of care of similar practitioners under the same or
similar circumstances, whether or not actual injury to a patient
is established;
(7) Representing, with the purpose of obtaining compensation
or other advantage as personal gain or for any other person, that
an incurable disease or injury, or other incurable condition, can
be permanently cured;
(8) The obtaining of, or attempting to obtain, money or
anything of value by fraudulent misrepresentations in the course
of practice;
(9) A plea of guilty to, a judicial finding of guilt of, or a
judicial finding of eligibility for intervention in lieu of
conviction for, a felony;
(10) Commission of an act that constitutes a felony in this
state, regardless of the jurisdiction in which the act was
committed;
(11) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor committed in the course of practice;
(12) Commission of an act in the course of practice that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(13) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor involving moral turpitude;
(14) Commission of an act involving moral turpitude that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(15) Violation of the conditions of limitation placed by the
board upon a certificate to practice;
(16) Failure to pay license renewal fees specified in this
chapter;
(17) Except as authorized in section 4731.31 of the Revised
Code, engaging in the division of fees for referral of patients,
or the receiving of a thing of value in return for a specific
referral of a patient to utilize a particular service or business;
(18) Subject to section 4731.226 of the Revised Code,
violation of any provision of a code of ethics of the American
medical association, the American osteopathic association, the
American podiatric medical association, or any other national
professional organizations that the board specifies by rule. The
state medical board shall obtain and keep on file current copies
of the codes of ethics of the various national professional
organizations. The individual whose certificate is being suspended
or revoked shall not be found to have violated any provision of a
code of ethics of an organization not appropriate to the
individual's profession.
For purposes of this division, a "provision of a code of
ethics of a national professional organization" does not include
any provision that would preclude the making of a report by a
physician of an employee's use of a drug of abuse, or of a
condition of an employee other than one involving the use of a
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in
this division affects the immunity from civil liability conferred
by that section upon a physician who makes either type of report
in accordance with division (B) of that section. As used in this
division, "employee," "employer," and "physician" have the same
meanings as in section 2305.33 of the Revised Code.
(19) Inability to practice according to acceptable and
prevailing standards of care by reason of mental illness or
physical illness, including, but not limited to, physical
deterioration that adversely affects cognitive, motor, or
perceptive skills.
In enforcing this division, the board, upon a showing of a
possible violation, may compel any individual authorized to
practice by this chapter or who has submitted an application
pursuant to this chapter to submit to a mental examination,
physical examination, including an HIV test, or both a mental and
a physical examination. The expense of the examination is the
responsibility of the individual compelled to be examined. Failure
to submit to a mental or physical examination or consent to an HIV
test ordered by the board constitutes an admission of the
allegations against the individual unless the failure is due to
circumstances beyond the individual's control, and a default and
final order may be entered without the taking of testimony or
presentation of evidence. If the board finds an individual unable
to practice because of the reasons set forth in this division, the
board shall require the individual to submit to care, counseling,
or treatment by physicians approved or designated by the board, as
a condition for initial, continued, reinstated, or renewed
authority to practice. An individual affected under this division
shall be afforded an opportunity to demonstrate to the board the
ability to resume practice in compliance with acceptable and
prevailing standards under the provisions of the individual's
certificate. For the purpose of this division, any individual who
applies for or receives a certificate to practice under this
chapter accepts the privilege of practicing in this state and, by
so doing, shall be deemed to have given consent to submit to a
mental or physical examination when directed to do so in writing
by the board, and to have waived all objections to the
admissibility of testimony or examination reports that constitute
a privileged communication.
(20) Except when civil penalties are imposed under section
4731.225 or 4731.281 of the Revised Code, and subject to section
4731.226 of the Revised Code, violating or attempting to violate,
directly or indirectly, or assisting in or abetting the violation
of, or conspiring to violate, any provisions of this chapter or
any rule promulgated by the board.
This division does not apply to a violation or attempted
violation of, assisting in or abetting the violation of, or a
conspiracy to violate, any provision of this chapter or any rule
adopted by the board that would preclude the making of a report by
a physician of an employee's use of a drug of abuse, or of a
condition of an employee other than one involving the use of a
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in
this division affects the immunity from civil liability conferred
by that section upon a physician who makes either type of report
in accordance with division (B) of that section. As used in this
division, "employee," "employer," and "physician" have the same
meanings as in section 2305.33 of the Revised Code.
(21) The violation of section 3701.79 of the Revised Code or
of any abortion rule adopted by the director of health pursuant to
section 3701.341 of the Revised Code;
(22) Any of the following actions taken by an agency
responsible for authorizing, certifying, or regulating an
individual to practice a health care occupation or provide health
care services in this state or another jurisdiction, for any
reason other than the nonpayment of fees: the limitation,
revocation, or suspension of an individual's license to practice;
acceptance of an individual's license surrender; denial of a
license; refusal to renew or reinstate a license; imposition of
probation; or issuance of an order of censure or other reprimand;
(23) The violation of section 2919.12 of the Revised Code or
the performance or inducement of an abortion upon a pregnant woman
with actual knowledge that the conditions specified in division
(B) of section 2317.56 of the Revised Code have not been satisfied
or with a heedless indifference as to whether those conditions
have been satisfied, unless an affirmative defense as specified in
division (H)(2) of that section would apply in a civil action
authorized by division (H)(1) of that section;
(24) The revocation, suspension, restriction, reduction, or
termination of clinical privileges by the United States department
of defense or department of veterans affairs or the termination or
suspension of a certificate of registration to prescribe drugs by
the drug enforcement administration of the United States
department of justice;
(25) Termination or suspension from participation in the
medicare or medicaid programs by the department of health and
human services or other responsible agency for any act or acts
that also would constitute a violation of division (B)(2), (3),
(6), (8), or (19) of this section;
(26) Impairment of ability to practice according to
acceptable and prevailing standards of care because of habitual or
excessive use or abuse of drugs, alcohol, or other substances that
impair ability to practice.
For the purposes of this division, any individual authorized
to practice by this chapter accepts the privilege of practicing in
this state subject to supervision by the board. By filing an
application for or holding a certificate to practice under this
chapter, an individual shall be deemed to have given consent to
submit to a mental or physical examination when ordered to do so
by the board in writing, and to have waived all objections to the
admissibility of testimony or examination reports that constitute
privileged communications.
If it has reason to believe that any individual authorized to
practice by this chapter or any applicant for certification to
practice suffers such impairment, the board may compel the
individual to submit to a mental or physical examination, or both.
The expense of the examination is the responsibility of the
individual compelled to be examined. Any mental or physical
examination required under this division shall be undertaken by a
treatment provider or physician who is qualified to conduct the
examination and who is chosen by the board.
Failure to submit to a mental or physical examination ordered
by the board constitutes an admission of the allegations against
the individual unless the failure is due to circumstances beyond
the individual's control, and a default and final order may be
entered without the taking of testimony or presentation of
evidence. If the board determines that the individual's ability to
practice is impaired, the board shall suspend the individual's
certificate or deny the individual's application and shall require
the individual, as a condition for initial, continued, reinstated,
or renewed certification to practice, to submit to treatment.
Before being eligible to apply for reinstatement of a
certificate suspended under this division, the impaired
practitioner shall demonstrate to the board the ability to resume
practice in compliance with acceptable and prevailing standards of
care under the provisions of the practitioner's certificate. The
demonstration shall include, but shall not be limited to, the
following:
(a) Certification from a treatment provider approved under
section 4731.25 of the Revised Code that the individual has
successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an aftercare
contract or consent agreement;
(c) Two written reports indicating that the individual's
ability to practice has been assessed and that the individual has
been found capable of practicing according to acceptable and
prevailing standards of care. The reports shall be made by
individuals or providers approved by the board for making the
assessments and shall describe the basis for their determination.
The board may reinstate a certificate suspended under this
division after that demonstration and after the individual has
entered into a written consent agreement.
When the impaired practitioner resumes practice, the board
shall require continued monitoring of the individual. The
monitoring shall include, but not be limited to, compliance with
the written consent agreement entered into before reinstatement or
with conditions imposed by board order after a hearing, and, upon
termination of the consent agreement, submission to the board for
at least two years of annual written progress reports made under
penalty of perjury stating whether the individual has maintained
sobriety.
(27) A second or subsequent violation of section 4731.66 or
4731.69 of the Revised Code;
(28) Except as provided in division (N) of this section:
(a) 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 the individual's
services, otherwise would 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 individual;
(b) Advertising that the individual 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 the individual's services, otherwise would be
required to pay.
(29) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4731.051 of
the Revised Code;
(30) Failure to provide notice to, and receive acknowledgment
of the notice from, a patient when required by section 4731.143 of
the Revised Code prior to providing nonemergency professional
services, or failure to maintain that notice in the patient's
file;
(31) Failure of a physician supervising a physician assistant
to maintain supervision in accordance with the requirements of
Chapter 4730. of the Revised Code and the rules adopted under that
chapter;
(32) Failure of a physician or podiatrist to enter into a
standard care arrangement with a clinical nurse specialist,
certified nurse-midwife, or certified nurse practitioner with whom
the physician or podiatrist is in collaboration pursuant to
section 4731.27 of the Revised Code or failure to fulfill the
responsibilities of collaboration after entering into a standard
care arrangement;
(33) Failure to comply with the terms of a consult agreement
entered into with a pharmacist pursuant to section 4729.39 of the
Revised Code;
(34) Failure to cooperate in an investigation conducted by
the board under division (F) of this section, including failure to
comply with a subpoena or order issued by the board or failure to
answer truthfully a question presented by the board at a
deposition or in written interrogatories, except that failure to
cooperate with an investigation shall not constitute grounds for
discipline under this section if a court of competent jurisdiction
has issued an order that either quashes a subpoena or permits the
individual to withhold the testimony or evidence in issue;
(35) Failure to supervise an acupuncturist in accordance with
Chapter 4762. of the Revised Code and the board's rules for
supervision of an acupuncturist;
(36) Failure to supervise an anesthesiologist assistant in
accordance with Chapter 4760. of the Revised Code and the board's
rules for supervision of an anesthesiologist assistant;
(37) Assisting suicide as defined in section 3795.01 of the
Revised Code;
(38) Failure to comply with the requirements of section
2317.561 of the Revised Code;
(39) Failure to supervise a radiologist assistant in
accordance with Chapter 4774. of the Revised Code and the board's
rules for supervision of radiologist assistants;
(40) Performing or inducing an abortion at an office or
facility with knowledge that the office or facility fails to post
the notice required under section 3701.791 of the Revised Code;
(41) Failure to comply with the standards and procedures
established in rules under section 4731.054 of the Revised Code
for the operation of or the provision of care at a pain management
clinic;
(42) Failure to comply with the standards and procedures
established in rules under section 4731.054 of the Revised Code
for providing supervision, direction, and control of individuals
at a pain management clinic;
(43) Failure to comply with the requirements of section
4729.79 of the Revised Code, unless the state board of pharmacy no
longer maintains a drug database pursuant to section 4729.75 of
the Revised Code;
(44) Failure to comply with the requirements of section
2919.171 of the Revised Code or failure to submit to the
department of health in accordance with a court order a complete
report as described in section 2919.171 of the Revised Code;
(45) Failure to supervise a genetic counselor holding a
supervised practice license in accordance with Chapter 4778. of
the Revised Code and the board's rules for supervision of the
genetic counselor;
(46) Failure to fulfill the responsibilities of collaboration
after entering into a collaborative agreement with a genetic
counselor under division (B) of section 4778.11 of the Revised
Code or failure to comply with the board's rules regarding such
agreements;
(47) Failure to comply with the requirements of section
4745.04 of the Revised Code.
(C) Disciplinary actions taken by the board under divisions
(A) and (B) of this section shall be taken pursuant to an
adjudication under Chapter 119. of the Revised Code, except that
in lieu of an adjudication, the board may enter into a consent
agreement with an individual to resolve an allegation of a
violation of this chapter or any rule adopted under it. A consent
agreement, when ratified by an affirmative vote of not fewer than
six members of the board, shall constitute the findings and order
of the board with respect to the matter addressed in the
agreement. If the board refuses to ratify a consent agreement, the
admissions and findings contained in the consent agreement shall
be of no force or effect.
A telephone conference call may be utilized for ratification
of a consent agreement that revokes or suspends an individual's
certificate to practice. The telephone conference call shall be
considered a special meeting under division (F) of section 121.22
of the Revised Code.
If the board takes disciplinary action against an individual
under division (B) of this section for a second or subsequent plea
of guilty to, or judicial finding of guilt of, a violation of
section 2919.123 of the Revised Code, the disciplinary action
shall consist of a suspension of the individual's certificate to
practice for a period of at least one year or, if determined
appropriate by the board, a more serious sanction involving the
individual's certificate to practice. Any consent agreement
entered into under this division with an individual that pertains
to a second or subsequent plea of guilty to, or judicial finding
of guilt of, a violation of that section shall provide for a
suspension of the individual's certificate to practice for a
period of at least one year or, if determined appropriate by the
board, a more serious sanction involving the individual's
certificate to practice.
(D) For purposes of divisions (B)(10), (12), and (14) of this
section, the commission of the act may be established by a finding
by the board, pursuant to an adjudication under Chapter 119. of
the Revised Code, that the individual committed the act. The board
does not have jurisdiction under those divisions if the trial
court renders a final judgment in the individual's favor and that
judgment is based upon an adjudication on the merits. The board
has jurisdiction under those divisions if the trial court issues
an order of dismissal upon technical or procedural grounds.
(E) The sealing of conviction records by any court shall have
no effect upon a prior board order entered under this section or
upon the board's jurisdiction to take action under this section
if, based upon a plea of guilty, a judicial finding of guilt, or a
judicial finding of eligibility for intervention in lieu of
conviction, the board issued a notice of opportunity for a hearing
prior to the court's order to seal the records. The board shall
not be required to seal, destroy, redact, or otherwise modify its
records to reflect the court's sealing of conviction records.
(F)(1) The board shall investigate evidence that appears to
show that a person has violated any provision of this chapter or
any rule adopted under it. Any person may report to the board in a
signed writing any information that the person may have that
appears to show a violation of any provision of this chapter or
any rule adopted under it. In the absence of bad faith, any person
who reports information of that nature or who testifies before the
board in any adjudication conducted under Chapter 119. of the
Revised Code shall not be liable in damages in a civil action as a
result of the report or testimony. Each complaint or allegation of
a violation received by the board shall be assigned a case number
and shall be recorded by the board.
(2) Investigations of alleged violations of this chapter or
any rule adopted under it shall be supervised by the supervising
member elected by the board in accordance with section 4731.02 of
the Revised Code and by the secretary as provided in section
4731.39 of the Revised Code. The president may designate another
member of the board to supervise the investigation in place of the
supervising member. No member of the board who supervises the
investigation of a case shall participate in further adjudication
of the case.
(3) In investigating a possible violation of this chapter or
any rule adopted under this chapter, the board may administer
oaths, order the taking of depositions, inspect and copy any
books, accounts, papers, records, or documents, issue subpoenas,
and compel the attendance of witnesses and production of books,
accounts, papers, records, documents, and testimony, except that a
subpoena for patient record information shall not be issued
without consultation with the attorney general's office and
approval of the secretary and supervising member of the board.
Before issuance of a subpoena for patient record information, the
secretary and supervising member shall 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 records sought are relevant to the alleged violation and
material to the investigation. The subpoena may apply only to
records that cover a reasonable period of time surrounding the
alleged violation.
On failure to comply with any subpoena issued by the board
and after reasonable notice to the person being subpoenaed, the
board may move for an order compelling the production of persons
or records pursuant to the Rules of Civil Procedure.
A subpoena issued by the board may be served by a sheriff,
the sheriff's deputy, or a board employee designated by the board.
Service of a subpoena issued by the board may be made by
delivering a copy of the subpoena to the person named therein,
reading it to the person, or leaving it at the person's usual
place of residence. When the person being served is a person whose
practice is authorized by this chapter, service of the subpoena
may be made by certified mail, restricted delivery, return receipt
requested, and the subpoena shall be deemed served on the date
delivery is made or the date the person refuses to accept
delivery.
A sheriff's deputy who serves a subpoena shall receive the
same fees as a sheriff. Each witness who appears before the board
in obedience to a subpoena shall receive the fees and mileage
provided for under section 119.094 of the Revised Code.
(4) All hearings and investigations of the board shall be
considered civil actions for the purposes of section 2305.252 of
the Revised Code.
(5) Information received by the board pursuant to an
investigation is confidential and not subject to discovery in any
civil action.
The board shall conduct all investigations and proceedings in
a manner that protects the confidentiality of patients and persons
who file complaints with the board. The board shall not make
public the names or any other identifying information about
patients or complainants unless proper consent is given or, in the
case of a patient, a waiver of the patient privilege exists under
division (B) of section 2317.02 of the Revised Code, except that
consent or a waiver of that nature is not required if the board
possesses reliable and substantial evidence that no bona fide
physician-patient relationship exists.
The board may share any information it receives pursuant to
an investigation, including patient records and patient record
information, with law enforcement agencies, other licensing
boards, and other governmental agencies that are prosecuting,
adjudicating, or investigating alleged violations of statutes or
administrative rules. An agency or board that receives the
information shall comply with the same requirements regarding
confidentiality as those with which the state medical board must
comply, notwithstanding any conflicting provision of the Revised
Code or procedure of the agency or board that applies when it is
dealing with other information in its possession. In a judicial
proceeding, the information may be admitted into evidence only in
accordance with the Rules of Evidence, but the court shall require
that appropriate measures are taken to ensure that confidentiality
is maintained with respect to any part of the information that
contains names or other identifying information about patients or
complainants whose confidentiality was protected by the state
medical board when the information was in the board's possession.
Measures to ensure confidentiality that may be taken by the court
include sealing its records or deleting specific information from
its records.
(6) On a quarterly basis, the board shall prepare a report
that documents the disposition of all cases during the preceding
three months. The report shall contain the following information
for each case with which the board has completed its activities:
(a) The case number assigned to the complaint or alleged
violation;
(b) The type of certificate to practice, if any, held by the
individual against whom the complaint is directed;
(c) A description of the allegations contained in the
complaint;
(d) The disposition of the case.
The report shall state how many cases are still pending and
shall be prepared in a manner that protects the identity of each
person involved in each case. The report shall be a public record
under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine both of
the following, they may recommend that the board suspend an
individual's certificate to practice without a prior hearing:
(1) That there is clear and convincing evidence that an
individual has violated division (B) of this section;
(2) That the individual's continued practice presents a
danger of immediate and serious harm to the public.
Written allegations shall be prepared for consideration by
the board. The board, upon review of those allegations and by an
affirmative vote of not fewer than six of its members, excluding
the secretary and supervising member, may suspend a certificate
without a prior hearing. A telephone conference call may be
utilized for reviewing the allegations and taking the vote on the
summary suspension.
The board shall issue a written order of suspension by
certified mail or in person in accordance with section 119.07 of
the Revised Code. The order shall not be subject to suspension by
the court during pendency of any appeal filed under section 119.12
of the Revised Code. If the individual subject to the summary
suspension requests an adjudicatory hearing by the board, the date
set for the hearing shall be within fifteen days, but not earlier
than seven days, after the individual requests the hearing, unless
otherwise agreed to by both the board and the individual.
Any summary suspension imposed under this division shall
remain in effect, unless reversed on appeal, until a final
adjudicative order issued by the board pursuant to this section
and Chapter 119. of the Revised Code becomes effective. The board
shall issue its final adjudicative order within seventy-five days
after completion of its hearing. A failure to issue the order
within seventy-five days shall result in dissolution of the
summary suspension order but shall not invalidate any subsequent,
final adjudicative order.
(H) If the board takes action under division (B)(9), (11), or
(13) of this section and the judicial finding of guilt, guilty
plea, or judicial finding of eligibility for intervention in lieu
of conviction is overturned on appeal, upon exhaustion of the
criminal appeal, a petition for reconsideration of the order may
be filed with the board along with appropriate court documents.
Upon receipt of a petition of that nature and supporting court
documents, the board shall reinstate the individual's certificate
to practice. The board may then hold an adjudication under Chapter
119. of the Revised Code to determine whether the individual
committed the act in question. Notice of an opportunity for a
hearing shall be given in accordance with Chapter 119. of the
Revised Code. If the board finds, pursuant to an adjudication held
under this division, that the individual committed the act or if
no hearing is requested, the board may order any of the sanctions
identified under division (B) of this section.
(I) The certificate to practice issued to an individual under
this chapter and the individual's practice in this state are
automatically suspended as of the date of the individual's second
or subsequent plea of guilty to, or judicial finding of guilt of,
a violation of section 2919.123 of the Revised Code, or the date
the individual pleads guilty to, is found by a judge or jury to be
guilty of, or is subject to a judicial finding of eligibility for
intervention in lieu of conviction in this state or treatment or
intervention in lieu of conviction in another jurisdiction for any
of the following criminal offenses in this state or a
substantially equivalent criminal offense in another jurisdiction:
aggravated murder, murder, voluntary manslaughter, felonious
assault, kidnapping, rape, sexual battery, gross sexual
imposition, aggravated arson, aggravated robbery, or aggravated
burglary. Continued practice after suspension shall be considered
practicing without a certificate.
The board shall notify the individual subject to the
suspension by certified mail or in person in accordance with
section 119.07 of the Revised Code. If an individual whose
certificate is automatically suspended under this division fails
to make a timely request for an adjudication under Chapter 119. of
the Revised Code, the board shall do whichever of the following is
applicable:
(1) If the automatic suspension under this division is for a
second or subsequent plea of guilty to, or judicial finding of
guilt of, a violation of section 2919.123 of the Revised Code, the
board shall enter an order suspending the individual's certificate
to practice for a period of at least one year or, if determined
appropriate by the board, imposing a more serious sanction
involving the individual's certificate to practice.
(2) In all circumstances in which division (I)(1) of this
section does not apply, enter a final order permanently revoking
the individual's certificate to practice.
(J) If the board is required by Chapter 119. of the Revised
Code to give notice of an opportunity for a hearing and if the
individual subject to the notice does not timely request a hearing
in accordance with section 119.07 of the Revised Code, the board
is not required to hold a hearing, but may adopt, by an
affirmative vote of not fewer than six of its members, a final
order that contains the board's findings. In that final order, the
board may order any of the sanctions identified under division (A)
or (B) of this section.
(K) Any action taken by the board under division (B) of this
section resulting in a suspension from practice shall be
accompanied by a written statement of the conditions under which
the individual's certificate to practice may be reinstated. The
board shall adopt rules governing conditions to be imposed for
reinstatement. Reinstatement of a certificate suspended pursuant
to division (B) of this section requires an affirmative vote of
not fewer than six members of the board.
(L) When the board refuses to grant a certificate to an
applicant, revokes an individual's certificate to practice,
refuses to register an applicant, or refuses to reinstate an
individual's certificate to practice, the board may specify that
its action is permanent. An individual subject to a permanent
action taken by the board is forever thereafter ineligible to hold
a certificate to practice and the board shall not accept an
application for reinstatement of the certificate or for issuance
of a new certificate.
(M) Notwithstanding any other provision of the Revised Code,
all of the following apply:
(1) The surrender of a certificate issued under this chapter
shall not be effective unless or until accepted by the board. A
telephone conference call may be utilized for acceptance of the
surrender of an individual's certificate to practice. The
telephone conference call shall be considered a special meeting
under division (F) of section 121.22 of the Revised Code.
Reinstatement of a certificate surrendered to the board requires
an affirmative vote of not fewer than six members of the board.
(2) An application for a certificate made under the
provisions of this chapter may not be withdrawn without approval
of the board.
(3) Failure by an individual to renew a certificate of
registration in accordance with this chapter shall not remove or
limit the board's jurisdiction to take any disciplinary action
under this section against the individual.
(N) Sanctions shall not be imposed under division (B)(28) of
this section against any person who waives deductibles and
copayments as follows:
(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. Documentation of
the consent shall be made available to the board upon request.
(2) For professional services rendered to any other person
authorized to practice pursuant to this chapter, to the extent
allowed by this chapter and rules adopted by the board.
(O) Under the board's investigative duties described in this
section and subject to division (F) of this section, the board
shall develop and implement a quality intervention program
designed to improve through remedial education the clinical and
communication skills of individuals authorized under this chapter
to practice medicine and surgery, osteopathic medicine and
surgery, and podiatric medicine and surgery. In developing and
implementing the quality intervention program, the board may do
all of the following:
(1) Offer in appropriate cases as determined by the board an
educational and assessment program pursuant to an investigation
the board conducts under this section;
(2) Select providers of educational and assessment services,
including a quality intervention program panel of case reviewers;
(3) Make referrals to educational and assessment service
providers and approve individual educational programs recommended
by those providers. The board shall monitor the progress of each
individual undertaking a recommended individual educational
program.
(4) Determine what constitutes successful completion of an
individual educational program and require further monitoring of
the individual who completed the program or other action that the
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the
Revised Code to further implement the quality intervention
program.
An individual who participates in an individual educational
program pursuant to this division shall pay the financial
obligations arising from that educational program.
Sec. 4732.17. (A) The state board of psychology may refuse
to issue a license to any applicant, may issue a reprimand, or
suspend or revoke the license of any licensed psychologist or
licensed school psychologist, on any of the following grounds:
(1) Conviction of a felony, or of any offense involving moral
turpitude, in a court of this or any other state or in a federal
court;
(2) Using fraud or deceit in the procurement of the license
to practice psychology or school psychology or knowingly assisting
another in the procurement of such a license through fraud or
deceit;
(3) Accepting commissions or rebates or other forms of
remuneration for referring persons to other professionals;
(4) Willful, unauthorized communication of information
received in professional confidence;
(5) Being negligent in the practice of psychology or school
psychology;
(6) Using any controlled substance or alcoholic beverage to
an extent that such use impairs the person's ability to perform
the work of a psychologist or school psychologist with safety to
the public;
(7) Subject to section 4732.28 of the Revised Code, violating
any rule of professional conduct promulgated by the board;
(8) Practicing in an area of psychology for which the person
is clearly untrained or incompetent;
(9) An adjudication by a court, as provided in section
5122.301 of the Revised Code, that the person is incompetent for
the purpose of holding the license. Such person may have the
person's license issued or restored only upon determination by a
court that the person is competent for the purpose of holding the
license and upon the decision by the board that such license be
issued or restored. The board may require an examination prior to
such issuance or restoration.
(10) 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 psychological
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;
(11) Advertising that the person 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 psychological services, would otherwise be
required to pay;
(12) Making a false, fraudulent, deceptive, or misleading
statement in the solicitation of or advertising for patients in
relation to the practice of psychology or school psychology;
(13) Failure to comply with the requirements of section
4745.04 of the Revised Code.
(B) Notwithstanding division (A)(10) and (11) of this
section, sanctions shall not be imposed against any licensee who
waives deductibles and copayments:
(a)(1) In compliance with the health benefit plan that
expressly allows such a practice. Waiver of the deductibles or
copays 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.
(b)(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.
(B)(C) Except as provided in section 4732.171 of the Revised
Code, before the board may deny, suspend, or revoke a license
under this section, or otherwise discipline the holder of a
license, written charges shall be filed with the board by the
secretary and a hearing shall be had thereon in accordance with
Chapter 119. of the Revised Code.
Sec. 4734.31. (A) The state chiropractic board may take any
of the actions specified in division (B) of this section against
an individual who has applied for or holds a license to practice
chiropractic in this state if any of the reasons specified in
division (C) of this section for taking action against an
individual are applicable. Except as provided in division (D) of
this section, actions taken against an individual shall be taken
in accordance with Chapter 119. of the Revised Code. The board may
specify that any action it takes is a permanent action. The
board's authority to take action against an individual is not
removed or limited by the individual's failure to renew a license.
(B) In its imposition of sanctions against an individual, the
board may do any of the following:
(1) Refuse to issue, renew, restore, or reinstate a license
to practice chiropractic or a certificate to practice acupuncture;
(2) Reprimand or censure a license holder;
(3) Place limits, restrictions, or probationary conditions on
a license holder's practice;
(4) Impose a civil fine of not more than five thousand
dollars according to a schedule of fines specified in rules that
the board shall adopt in accordance with Chapter 119. of the
Revised Code.
(5) Suspend a license to practice chiropractic or a
certificate to practice acupuncture for a limited or indefinite
period;
(6) Revoke a license to practice chiropractic or a
certificate to practice acupuncture.
(C) The board may take the actions specified in division (B)
of this section for any of the following reasons:
(1) A plea of guilty to, a judicial finding of guilt of, or a
judicial finding of eligibility for intervention in lieu of
conviction for, a felony in any jurisdiction, in which case a
certified copy of the court record shall be conclusive evidence of
the conviction;
(2) Commission of an act that constitutes a felony in this
state, regardless of the jurisdiction in which the act was
committed;
(3) A plea of guilty to, a judicial finding of guilt of, or a
judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor involving moral turpitude, as
determined by the board, in which case a certified copy of the
court record shall be conclusive evidence of the matter;
(4) Commission of an act involving moral turpitude that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(5) A plea of guilty to, a judicial finding of guilt of, or a
judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor committed in the course of practice,
in which case a certified copy of the court record shall be
conclusive evidence of the matter;
(6) Commission of an act in the course of practice that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(7) A violation or attempted violation of this chapter or the
rules adopted under it governing the practice of chiropractic and
the practice of acupuncture by a chiropractor licensed under this
chapter;
(8) Failure to cooperate in an investigation conducted by the
board, including failure to comply with a subpoena or order issued
by the board or failure to answer truthfully a question presented
by the board at a deposition or in written interrogatories, except
that failure to cooperate with an investigation shall not
constitute grounds for discipline under this section if the board
or a court of competent jurisdiction has issued an order that
either quashes a subpoena or permits the individual to withhold
the testimony or evidence in issue;
(9) Engaging in an ongoing professional relationship with a
person or entity that violates any provision of this chapter or
the rules adopted under it, unless the chiropractor makes a good
faith effort to have the person or entity comply with the
provisions;
(10) Retaliating against a chiropractor for the
chiropractor's reporting to the board or any other agency with
jurisdiction any violation of the law or for cooperating with the
board of another agency in the investigation of any violation of
the law;
(11) Aiding, abetting, assisting, counseling, or conspiring
with any person in that person's violation of any provision of
this chapter or the rules adopted under it, including the practice
of chiropractic without a license, the practice of acupuncture
without a certificate, or aiding, abetting, assisting, counseling,
or conspiring with any person in that person's unlicensed practice
of any other health care profession that has licensing
requirements;
(12) With respect to a report or record that is made, filed,
or signed in connection with the practice of chiropractic or
acupuncture, knowingly making or filing a report or record that is
false, intentionally or negligently failing to file a report or
record required by federal, state, or local law or willfully
impeding or obstructing the required filing, or inducing another
person to engage in any such acts;
(13) Making a false, fraudulent, or deceitful statement to
the board or any agent of the board during any investigation or
other official proceeding conducted by the board under this
chapter or in any filing that must be submitted to the board;
(14) Attempting to secure a license to practice chiropractic
or certificate to practice acupuncture or to corrupt the outcome
of an official board proceeding through bribery or any other
improper means;
(15) Willfully obstructing or hindering the board or any
agent of the board in the discharge of the board's duties;
(16) Habitually using drugs or intoxicants to the extent that
the person is rendered unfit for the practice of chiropractic or
acupuncture;
(17) Inability to practice chiropractic or acupuncture
according to acceptable and prevailing standards of care by reason
of chemical dependency, mental illness, or physical illness,
including conditions in which physical deterioration has adversely
affected the person's cognitive, motor, or perceptive skills and
conditions in which a chiropractor's continued practice may pose a
danger to the chiropractor or the public;
(18) Any act constituting gross immorality relative to the
person's practice of chiropractic or acupuncture, including acts
involving sexual abuse, sexual misconduct, or sexual exploitation;
(19) Exploiting a patient for personal or financial gain;
(20) Failing to maintain proper, accurate, and legible
records in the English language documenting each patient's care,
including, as appropriate, records of the following: dates of
treatment, services rendered, examinations, tests, x-ray reports,
referrals, and the diagnosis or clinical impression and clinical
treatment plan provided to the patient;
(21) Except as otherwise required by the board or by law,
disclosing patient information gained during the chiropractor's
professional relationship with a patient without obtaining the
patient's authorization for the disclosure;
(22) Commission of willful or gross malpractice, or willful
or gross neglect, in the practice of chiropractic or acupuncture;
(23) Failing to perform or negligently performing an act
recognized by the board as a general duty or the exercise of due
care in the practice of chiropractic or acupuncture, regardless of
whether injury results to a patient from the failure to perform or
negligent performance of the act;
(24) Engaging in any conduct or practice that impairs or may
impair the ability to practice chiropractic or acupuncture safely
and skillfully;
(25) Practicing, or claiming to be capable of practicing,
beyond the scope of the practice of chiropractic or acupuncture as
established under this chapter and the rules adopted under this
chapter;
(26) Accepting and performing professional responsibilities
as a chiropractor or chiropractor with a certificate to practice
acupuncture when not qualified to perform those responsibilities,
if the person knew or had reason to know that the person was not
qualified to perform them;
(27) Delegating any of the professional responsibilities of a
chiropractor or chiropractor with a certificate to practice
acupuncture to an employee or other individual when the delegating
chiropractor knows or had reason to know that the employee or
other individual is not qualified by training, experience, or
professional licensure to perform the responsibilities;
(28) Delegating any of the professional responsibilities of a
chiropractor or chiropractor with a certificate to practice
acupuncture to an employee or other individual in a negligent
manner or failing to provide proper supervision of the employee or
other individual to whom the responsibilities are delegated;
(29) Failing to refer a patient to another health care
practitioner for consultation or treatment when the chiropractor
knows or has reason to know that the referral is in the best
interest of the patient;
(30) Obtaining or attempting to obtain any fee or other
advantage by fraud or misrepresentation;
(31) Making misleading, deceptive, false, or fraudulent
representations in the practice of chiropractic or acupuncture;
(32) Being guilty of false, fraudulent, deceptive, or
misleading advertising or other solicitations for patients or
knowingly having professional connection with any person that
advertises or solicits for patients in such a manner;
(33) Violation of a provision of any code of ethics
established or adopted by the board under section 4734.16 of the
Revised Code;
(34) Failing to meet the examination requirements for receipt
of a license specified under section 4734.20 of the Revised Code;
(35) Actions taken for any reason, other than nonpayment of
fees, by the chiropractic or acupuncture licensing authority of
another state or country;
(36) Failing to maintain clean and sanitary conditions at the
clinic, office, or other place in which chiropractic services or
acupuncture services are provided;
(37) Except as provided in division (G) of this section:
(a) 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 the chiropractor's
services, otherwise would 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 chiropractor;
(b) Advertising that the chiropractor 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 the chiropractor's services, otherwise would be
required to pay.
(38) Failure to supervise an acupuncturist in accordance with
the provisions of section 4762.11 of the Revised Code that are
applicable to the supervising chiropractor of an acupuncturist;
(39) Failure to comply with the requirements of section
4745.04 of the Revised Code.
(D) The adjudication requirements of Chapter 119. of the
Revised Code apply to the board when taking actions against an
individual under this section, except as follows:
(1) An applicant is not entitled to an adjudication for
failing to meet the conditions specified under section 4734.20 of
the Revised Code for receipt of a license that involve the board's
examination on jurisprudence or the examinations of the national
board of chiropractic examiners.
(2) A person is not entitled to an adjudication if the person
fails to make a timely request for a hearing, in accordance with
Chapter 119. of the Revised Code.
(3) In lieu of an adjudication, the board may accept the
surrender of a license to practice chiropractic or certificate to
practice acupuncture from a chiropractor.
(4) In lieu of an adjudication, the board may enter into a
consent agreement with an individual to resolve an allegation of a
violation of this chapter or any rule adopted under it. A consent
agreement, when ratified by the board, shall constitute the
findings and order of the board with respect to the matter
addressed in the agreement. If the board refuses to ratify a
consent agreement, the admissions and findings contained in the
consent agreement shall be of no force or effect.
(E) This section does not require the board to hire, contract
with, or retain the services of an expert witness when the board
takes action against a chiropractor concerning compliance with
acceptable and prevailing standards of care in the practice of
chiropractic or acupuncture. As part of an action taken concerning
compliance with acceptable and prevailing standards of care, the
board may rely on the knowledge of its members for purposes of
making a determination of compliance, notwithstanding any expert
testimony presented by the chiropractor that contradicts the
knowledge and opinions of the members of the board.
(F) The sealing of conviction records by a court shall have
no effect on a prior board order entered under this section or on
the board's jurisdiction to take action under this section if,
based on a plea of guilty, a judicial finding of guilt, or a
judicial finding of eligibility for intervention in lieu of
conviction, the board issued a notice of opportunity for a hearing
prior to the court's order to seal the records. The board shall
not be required to seal, destroy, redact, or otherwise modify its
records to reflect the court's sealing of conviction records.
(G) Actions shall not be taken pursuant to division (C)(37)
of this section against any chiropractor who waives deductibles
and copayments as follows:
(1) In compliance with the health benefit plan that expressly
allows a practice of that nature. 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.
Documentation of the 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.
Sec. 4745.04. (A) As used in this section:
(1) "Advertisement" means any communication or statement,
whether printed, electronic, or oral, that names a health care
professional in connection with the professional's practice,
profession, or institution in which the professional is employed,
volunteers, or otherwise provides health care services.
"Advertisement" includes circulars, signs, newspaper or magazine
publications, business cards, letterhead, patient brochures, and
other oral or written communications.
(2) "Health care professional" means an individual licensed
to provide medical, dental, or other health-related diagnosis,
care, or treatment under Chapter 4715., 4723., 4725., 4729.,
4730., 4731., 4732., 4734., 4753., 4755., 4757., 4758., 4759.,
4760., 4761., 4762., 4765., 4773., 4774., 4778., or 4779. of the
Revised Code.
(B)(1) Except as provided in division (B)(3) of this section,
at all times when providing direct patient care, a health care
professional shall wear an identification card, badge, or similar
device that includes all of the following:
(a) A recent photograph of the professional;
(b) The professional's name;
(c) The type of license held by the professional;
(d) The expiration date of the professional's license.
(2) The identification card, badge, or similar device that is
worn pursuant to division (B)(1) of this section shall be of
sufficient size and shall be worn in a conspicuous place so as to
be visible to patients and other individuals.
(3) A health care professional is not subject to division
(B)(1) of this section if a safety or health risk to the health
care professional or a patient would be created as a result of the
professional wearing the identification card, badge, or similar
device.
(C)(1) Except as provided in division (C)(2) of this section,
all advertisements for health care services that name a health
care professional who provides direct patient care shall identify
the type of license held by the professional.
(2) Division (C)(1) of this section does not permit a
physician assistant to advertise to provide services as a
physician assistant in violation of division (H) of section
4730.02 of the Revised Code.
(D) Divisions (B) and (C) of this section do not apply to a
health care professional who practices at a location where direct
patient care is not provided.
Sec. 4753.10. In accordance with Chapter 119. of the Revised
Code, the board of speech-language pathology and audiology may
reprimand or place on probation a speech-language pathologist or
audiologist or suspend, revoke, or refuse to issue or renew the
license of a speech-language pathologist or audiologist.
Disciplinary actions may be taken by the board for conduct that
may result from but not necessarily be limited to:
(A) Fraud, deception, or misrepresentation in obtaining or
attempting to obtain a license;
(B) Fraud, deception, or misrepresentation in using a
license;
(D) Aiding or abetting unlicensed practice;
(E) Committing fraud, deception, or misrepresentation in the
practice of speech-language pathology or audiology including:
(1) Making or filing a false report or record in the practice
of speech-language pathology or audiology;
(2) Submitting a false statement to collect a fee;
(3) Obtaining a fee through fraud, deception, or
misrepresentation, or accepting commissions or rebates or other
forms of remuneration for referring persons to others.
(F) Using or promoting or causing the use of any misleading,
deceiving, improbable, or untruthful advertising matter,
promotional literature, testimonial, guarantee, warranty, label,
brand, insignia, or any other representation;
(G) Falsely representing the use or availability of services
or advice of a physician;
(H) Misrepresenting the applicant, licensee, or holder by
using the word "doctor" or any similar word, abbreviation, or
symbol if the use is not accurate or if the degree was not
obtained from an accredited institution;
(I) Committing any act of dishonorable, immoral, or
unprofessional conduct while engaging in the practice of
speech-language pathology or audiology;
(J) Engaging in illegal, incompetent, or habitually negligent
practice;
(K) Providing professional services while:
(1) Mentally incompetent;
(2) Under the influence of alcohol;
(3) Using any narcotic or controlled substance or other drug
that is in excess of therapeutic amounts or without valid medical
indication.
(L) Providing services or promoting the sale of devices,
appliances, or products to a person who cannot reasonably be
expected to benefit from such services, devices, appliances, or
products in accordance with results obtained utilizing appropriate
assessment procedures and instruments;
(M) Violating this chapter or any lawful order given or rule
adopted by the board;
(N) Being convicted of or pleading guilty or nolo contendere
to a felony or to a crime involving moral turpitude, whether or
not any appeal or other proceeding is pending to have the
conviction or plea set aside;
(O) Being disciplined by a licensing or disciplinary
authority of this or any other state or country or convicted or
disciplined by a court of this or any other state or country for
an act that would be grounds for disciplinary action under this
section;
(P) Failure to comply with the requirements of section
4745.04 of the Revised Code.
After revocation of a license under this section, application
may be made to the board for reinstatement. The board, in
accordance with an order of revocation as issued under Chapter
119. of the Revised Code, may require an examination for such
reinstatement.
If any person has engaged in any practice which constitutes
an offense under the provisions of this chapter or rules
promulgated thereunder by the board, the board may apply to the
court of common pleas of the county for an injunction or other
appropriate order restraining such conduct, and the court may
issue such order.
Any person who wishes to make a complaint against any person
licensed pursuant to this chapter shall submit the complaint in
writing to the board within one year from the date of the action
or event upon which the complaint is based. The board shall
determine whether the allegations in the complaint are of a
sufficiently serious nature to warrant formal disciplinary charges
against the licensee pursuant to this section. If the board
determines that formal disciplinary charges are warranted, it
shall proceed in accordance with the procedures established in
Chapter 119. of the Revised Code.
Sec. 4755.11. (A) In accordance with Chapter 119. of the
Revised Code, the occupational therapy section of the Ohio
occupational therapy, physical therapy, and athletic trainers
board may suspend, revoke, or refuse to issue or renew an
occupational therapist license, occupational therapy assistant
license, occupational therapist limited permit, occupational
therapy assistant limited permit, or reprimand, fine, or place a
license or limited permit holder on probation, for any of the
following:
(1) Conviction of an offense involving moral turpitude or a
felony, regardless of the state or country in which the conviction
occurred;
(2) Violation of any provision of sections 4755.04 to 4755.13
of the Revised Code;
(3) Violation of any lawful order or rule of the occupational
therapy section;
(4) Obtaining or attempting to obtain a license or limited
permit issued by the occupational therapy section by fraud or
deception, including the making of a false, fraudulent, deceptive,
or misleading statements in relation to these activities;
(5) Negligence, unprofessional conduct, or gross misconduct
in the practice of the profession of occupational therapy;
(6) Accepting commissions or rebates or other forms of
remuneration for referring persons to other professionals;
(7) Communicating, without authorization, information
received in professional confidence;
(8) Using controlled substances, habit forming drugs, or
alcohol to an extent that it impairs the ability to perform the
work of an occupational therapist, occupational therapy assistant,
occupational therapist limited permit holder, or occupational
therapy assistant limited permit holder;
(9) Practicing in an area of occupational therapy for which
the individual is untrained or incompetent;
(10) Failing the licensing or Ohio jurisprudence examination;
(11) Aiding, abetting, directing, or supervising the
unlicensed practice of occupational therapy;
(12) Denial, revocation, suspension, or restriction of
authority to practice a health care occupation, including
occupational therapy, for any reason other than a failure to
renew, in Ohio or another state or jurisdiction;
(13) Except as provided in division (B) of this section:
(a) 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 occupational therapy,
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;
(b) Advertising that the individual 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 occupational therapy, would otherwise be required
to pay.
(14) Working or representing oneself as an occupational
therapist, occupational therapy assistant, occupational therapist
limited permit holder, or occupational therapy assistant limited
permit holder without a current and valid license or limited
permit issued by the occupational therapy section;
(15) Engaging in a deceptive trade practice, as defined in
section 4165.02 of the Revised Code;
(16) Violation of the standards of ethical conduct in the
practice of occupational therapy as identified by the occupational
therapy section;
(17) A departure from, or the failure to conform to, minimal
standards of care required of licensees or limited permit holders,
whether or not actual injury to a patient is established;
(18) An adjudication by a court that the applicant, licensee,
or limited permit holder is incompetent for the purpose of holding
a license or limited permit and has not thereafter been restored
to legal capacity for that purpose;
(19)(a) Except as provided in division (A)(19)(b) of this
section, failure to cooperate with an investigation conducted by
the occupational therapy section, including failure to comply with
a subpoena or orders issued by the section or failure to answer
truthfully a question presented by the section at a deposition or
in written interrogatories.
(b) Failure to cooperate with an investigation does not
constitute grounds for discipline under this section if a court of
competent jurisdiction issues an order that either quashes a
subpoena or permits the individual to withhold the testimony or
evidence at issue.
(20) Conviction of a misdemeanor reasonably related to the
practice of occupational therapy, regardless of the state or
country in which the conviction occurred;
(21) Inability to practice according to acceptable and
prevailing standards of care because of mental or physical
illness, including physical deterioration that adversely affects
cognitive, motor, or perception skills;
(22) Violation of conditions, limitations, or agreements
placed by the occupational therapy section on a license or limited
permit to practice;
(23) Making a false, fraudulent, deceptive, or misleading
statement in the solicitation of or advertising for patients in
relation to the practice of occupational therapy;
(24) Failure to complete continuing education requirements as
prescribed in rules adopted by the occupational therapy section
under section 4755.06 of the Revised Code;
(25) Failure to comply with the requirements of section
4745.04 of the Revised Code.
(B) Sanctions shall not be imposed under division (A)(13) of
this section against any individual who waives deductibles and
copayments as follows:
(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. Documentation of
the consent shall be made available to the section upon request.
(2) For professional services rendered to any other person
licensed pursuant to sections 4755.04 to 4755.13 of the Revised
Code to the extent allowed by those sections and the rules of the
occupational therapy section.
(C) Except as provided in division (D) of this section, the
suspension or revocation of a license or limited permit under this
section is not effective until either the order for suspension or
revocation has been affirmed following an adjudication hearing, or
the time for requesting a hearing has elapsed.
When a license or limited permit is revoked under this
section, application for reinstatement may not be made sooner than
one year after the date of revocation. The occupational therapy
section may accept or refuse an application for reinstatement and
may require that the applicant pass an examination as a condition
of reinstatement.
When a license or limited permit holder is placed on
probation under this section, the occupational therapy section's
probation order shall be accompanied by a statement of the
conditions under which the individual may be removed from
probation and restored to unrestricted practice.
(D) On receipt of a complaint that a person who holds a
license or limited permit issued by the occupational therapy
section has committed any of the prohibited actions listed in
division (A) of this section, the section may immediately suspend
the license or limited permit prior to holding a hearing in
accordance with Chapter 119. of the Revised Code if it determines,
based on the complaint, that the licensee or limited permit holder
poses an immediate threat to the public. The section shall notify
the licensee or limited permit holder of the suspension in
accordance with section 119.07 of the Revised Code. If the
individual whose license or limited permit is suspended fails to
make a timely request for an adjudication under Chapter 119. of
the Revised Code, the section shall enter a final order
permanently revoking the individual's license or limited permit.
(E) If any person other than a person who holds a license or
limited permit issued under section 4755.08 of the Revised Code
has engaged in any practice that is prohibited under sections
4755.04 to 4755.13 of the Revised Code or the rules of the
occupational therapy section, the section may apply to the court
of common pleas of the county in which the violation occurred, for
an injunction or other appropriate order restraining this conduct,
and the court shall issue this order.
Sec. 4755.47. (A) In accordance with Chapter 119. of the
Revised Code, the physical therapy section of the Ohio
occupational therapy, physical therapy, and athletic trainers
board may refuse to grant a license to an applicant for an initial
or renewed license as a physical therapist or physical therapist
assistant or, by an affirmative vote of not less than five
members, may limit, suspend, or revoke the license of a physical
therapist or physical therapist assistant or reprimand, fine, or
place a license holder on probation, on any of the following
grounds:
(1) Habitual indulgence in the use of controlled substances,
other habit-forming drugs, or alcohol to an extent that affects
the individual's professional competency;
(2) Conviction of a felony or a crime involving moral
turpitude, regardless of the state or country in which the
conviction occurred;
(3) Obtaining or attempting to obtain a license issued by the
physical therapy section by fraud or deception, including the
making of a false, fraudulent, deceptive, or misleading statement;
(4) An adjudication by a court, as provided in section
5122.301 of the Revised Code, that the applicant or licensee is
incompetent for the purpose of holding the license and has not
thereafter been restored to legal capacity for that purpose;
(5) Subject to section 4755.471 of the Revised Code,
violation of the code of ethics adopted by the physical therapy
section;
(6) Violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of or
conspiring to violate sections 4755.40 to 4755.56 of the Revised
Code or any order issued or rule adopted under those sections;
(7) Failure of one or both of the examinations required under
section 4755.43 or 4755.431 of the Revised Code;
(8) Permitting the use of one's name or license by a person,
group, or corporation when the one permitting the use is not
directing the treatment given;
(9) Denial, revocation, suspension, or restriction of
authority to practice a health care occupation, including physical
therapy, for any reason other than a failure to renew, in Ohio or
another state or jurisdiction;
(10) Failure to maintain minimal standards of practice in the
administration or handling of drugs, as defined in section 4729.01
of the Revised Code, or failure to employ acceptable scientific
methods in the selection of drugs, as defined in section 4729.01
of the Revised Code, or other modalities for treatment;
(11) Willful betrayal of a professional confidence;
(12) Making a false, fraudulent, deceptive, or misleading
statement in the solicitation of or advertising for patients in
relation to the practice of physical therapy;
(13) A departure from, or the failure to conform to, minimal
standards of care required of licensees when under the same or
similar circumstances, whether or not actual injury to a patient
is established;
(14) Obtaining, or attempting to obtain, money or anything of
value by fraudulent misrepresentations in the course of practice;
(15) Violation of the conditions of limitation or agreements
placed by the physical therapy section on a license to practice;
(16) Failure to renew a license in accordance with section
4755.46 of the Revised Code;
(17) Except as provided in section 4755.471 of the Revised
Code, engaging in the division of fees for referral of patients or
receiving anything of value in return for a specific referral of a
patient to utilize a particular service or business;
(18) Inability to practice according to acceptable and
prevailing standards of care because of mental illness or physical
illness, including physical deterioration that adversely affects
cognitive, motor, or perception skills;
(19) The revocation, suspension, restriction, or termination
of clinical privileges by the United States department of defense
or department of veterans affairs;
(20) Termination or suspension from participation in the
medicare or medicaid program established under Title XVIII and
Title XIX, respectively, of the "Social Security Act," 49 Stat.
620 (1935), 42 U.S.C. 301, as amended, for an act or acts that
constitute a violation of sections 4755.40 to 4755.56 of the
Revised Code;
(21) Failure of a physical therapist to maintain supervision
of a student, physical therapist assistant, unlicensed support
personnel, other assistant personnel, or a license applicant in
accordance with the requirements of sections 4755.40 to 4755.56 of
the Revised Code and rules adopted under those sections;
(22) Failure to complete continuing education requirements as
prescribed in section 4755.51 or 4755.511 of the Revised Code or
to satisfy any rules applicable to continuing education
requirements that are adopted by the physical therapy section;
(23) Conviction of a misdemeanor when the act that
constitutes the misdemeanor occurs during the practice of physical
therapy;
(24)(a) Except as provided in division (A)(24)(b) of this
section, failure to cooperate with an investigation conducted by
the physical therapy section, including failure to comply with a
subpoena or orders issued by the section or failure to answer
truthfully a question presented by the section at a deposition or
in written interrogatories.
(b) Failure to cooperate with an investigation does not
constitute grounds for discipline under this section if a court of
competent jurisdiction issues an order that either quashes a
subpoena or permits the individual to withhold the testimony or
evidence at issue.
(25) Regardless of whether the contact or verbal behavior is
consensual, engaging with a patient other than the spouse of the
physical therapist or physical therapist assistant, in any of the
following:
(a) Sexual contact, as defined in section 2907.01 of the
Revised Code;
(b) Verbal behavior that is sexually demeaning to the patient
or may be reasonably interpreted by the patient as sexually
demeaning.
(26) Failure to notify the physical therapy section of a
change in name, business address, or home address within thirty
days after the date of change;
(27) Except as provided in division (B) of this section:
(a) 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 physical therapy, 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;
(b) Advertising that the individual 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 physical therapy, would otherwise be required to
pay;
(28) Violation of any section of this chapter or rule adopted
under it;
(29) Failure to comply with the requirements of section
4745.04 of the Revised Code.
(B) Sanctions shall not be imposed under division (A)(27) of
this section against any individual who waives deductibles and
copayments as follows:
(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. Documentation of
the consent shall be made available to the physical therapy
section upon request.
(2) For professional services rendered to any other person
licensed pursuant to sections 4755.40 to 4755.56 of the Revised
Code to the extent allowed by those sections and the rules of the
physical therapy section.
(C) When a license is revoked under this section, application
for reinstatement may not be made sooner than one year after the
date of revocation. The physical therapy section may accept or
refuse an application for reinstatement and may require that the
applicant pass an examination as a condition for reinstatement.
When a license holder is placed on probation under this
section, the physical therapy section's order for placement on
probation shall be accompanied by a statement of the conditions
under which the individual may be removed from probation and
restored to unrestricted practice.
(D) When an application for an initial or renewed license is
refused under this section, the physical therapy section shall
notify the applicant in writing of the section's decision to
refuse issuance of a license and the reason for its decision.
(E) On receipt of a complaint that a person licensed by the
physical therapy section has committed any of the actions listed
in division (A) of this section, the physical therapy section may
immediately suspend the license of the physical therapist or
physical therapist assistant prior to holding a hearing in
accordance with Chapter 119. of the Revised Code if it determines,
based on the complaint, that the person poses an immediate threat
to the public. The physical therapy section shall notify the
person of the suspension in accordance with section 119.07 of the
Revised Code. If the person fails to make a timely request for an
adjudication under Chapter 119. of the Revised Code, the physical
therapy section shall enter a final order permanently revoking the
person's license.
Sec. 4755.64. (A) In accordance with Chapter 119. of the
Revised Code, the athletic trainers section of the Ohio
occupational therapy, physical therapy, and athletic trainers
board may suspend, revoke, or refuse to issue or renew an athletic
trainers license, or reprimand, fine, or place a licensee on
probation, for any of the following:
(1) Conviction of a felony or offense involving moral
turpitude, regardless of the state or country in which the
conviction occurred;
(2) Violation of sections 4755.61 to 4755.65 of the Revised
Code or any order issued or rule adopted thereunder;
(3) Obtaining a license through fraud, false or misleading
representation, or concealment of material facts;
(4) Negligence or gross misconduct in the practice of
athletic training;
(5) Violating the standards of ethical conduct in the
practice of athletic training as adopted by the athletic trainers
section under section 4755.61 of the Revised Code;
(6) Using any controlled substance or alcohol to the extent
that the ability to practice athletic training at a level of
competency is impaired;
(7) Practicing in an area of athletic training for which the
individual is untrained, incompetent, or practicing without the
referral of a practitioner licensed under Chapter 4731. of the
Revised Code, a dentist licensed under Chapter 4715. of the
Revised Code, a chiropractor licensed under Chapter 4734. of the
Revised Code, or a physical therapist licensed under this chapter;
(8) Employing, directing, or supervising a person in the
performance of athletic training procedures who is not authorized
to practice as a licensed athletic trainer under this chapter;
(9) Misrepresenting educational attainments or the functions
the individual is authorized to perform for the purpose of
obtaining some benefit related to the individual's athletic
training practice;
(10) Failing the licensing examination;
(11) Aiding or abetting the unlicensed practice of athletic
training;
(12) Denial, revocation, suspension, or restriction of
authority to practice a health care occupation, including athletic
training, for any reason other than a failure to renew, in Ohio or
another state or jurisdiction;
(13) Making a false, fraudulent, deceptive, or misleading
statement in the solicitation of or advertising for patients in
relation to the practice of athletic training;
(14) Failure to comply with the requirements of section
4745.04 of the Revised Code.
(B) If the athletic trainers section places a licensee on
probation under division (A) of this section, the section's order
for placement on probation shall be accompanied by a written
statement of the conditions under which the person may be removed
from probation and restored to unrestricted practice.
(C) A licensee whose license has been revoked under division
(A) of this section may apply to the athletic trainers section for
reinstatement of the license one year following the date of
revocation. The athletic trainers section may accept or deny the
application for reinstatement and may require that the applicant
pass an examination as a condition for reinstatement.
(D) On receipt of a complaint that a person licensed by the
athletic trainers section has committed any of the prohibited
actions listed in division (A) of this section, the section may
immediately suspend the license of a licensed athletic trainer
prior to holding a hearing in accordance with Chapter 119. of the
Revised Code if it determines, based on the complaint, that the
licensee poses an immediate threat to the public. The section
shall notify the licensed athletic trainer of the suspension in
accordance with section 119.07 of the Revised Code. If the
individual whose license is suspended fails to make a timely
request for an adjudication under Chapter 119. of the Revised
Code, the section shall enter a final order permanently revoking
the individual's license.
Sec. 4757.36. (A) The appropriate professional standards
committee of the counselor, social worker, and marriage and family
therapist board may, in accordance with Chapter 119. of the
Revised Code, take any action specified in division (B) of this
section against an individual who has applied for or holds a
license to practice as a professional clinical counselor,
professional counselor, independent marriage and family therapist,
marriage and family therapist, social worker, or independent
social worker, or a certificate of registration to practice as a
social work assistant, for any reason described in division (C) of
this section.
(B) In its imposition of sanctions against an individual, the
board may do any of the following:
(1) Refuse to issue or refuse to renew a license or
certificate of registration;
(2) Suspend, revoke, or otherwise restrict a license or
certificate of registration;
(3) Reprimand an individual holding a license or certificate
of registration;
(4) Impose a fine in accordance with the graduated system of
fines established by the board in rules adopted under section
4757.10 of the Revised Code.
(C) The appropriate professional standards committee of the
board may take an action specified in division (B) of this section
for any of the following reasons:
(1) Commission of an act that violates any provision of this
chapter or rules adopted under it;
(2) Knowingly making a false statement on an application for
licensure or registration, or for renewal of a license or
certificate of registration;
(3) Accepting a commission or rebate for referring persons to
any professionals licensed, certified, or registered by any court
or board, commission, department, division, or other agency of the
state, including, but not limited to, individuals practicing
counseling, social work, or marriage and family therapy or
practicing in fields related to counseling, social work, or
marriage and family therapy;
(4) A failure to comply with section 4757.12 of the Revised
Code;
(5) A conviction in this or any other state of a crime that
is a felony in this state;
(6) A failure to perform properly as a professional clinical
counselor, professional counselor, independent marriage and family
therapist, marriage and family therapist, social work assistant,
social worker, or independent social worker due to the use of
alcohol or other drugs or any other physical or mental condition;
(7) A conviction in this state or in any other state of a
misdemeanor committed in the course of practice as a professional
clinical counselor, professional counselor, independent marriage
and family therapist, marriage and family therapist, social work
assistant, social worker, or independent social worker;
(8) Practicing outside the scope of practice applicable to
that person;
(9) Practicing in violation of the supervision requirements
specified under sections 4757.21 and 4757.26, and division (E) of
section 4757.30, of the Revised Code;
(10) A violation of the person's code of ethical practice
adopted by rule of the board pursuant to section 4757.11 of the
Revised Code;
(11) Revocation or suspension of a license or certificate of
registration, or the voluntary surrender of a license or
certificate of registration in another state or jurisdiction for
an offense that would be a violation of this chapter;
(12) Making a false, fraudulent, deceptive, or misleading
statement in the solicitation of or advertising for patients in
relation to the practice of a professional clinical counselor,
professional counselor, independent marriage and family therapist,
marriage and family therapist, social work assistant, social
worker, or independent social worker;
(13) Failure to comply with the requirements of section
4745.04 of the Revised Code.
(D) One year or more after the date of suspension or
revocation of a license or certificate of registration under this
section, application may be made to the appropriate professional
standards committee for reinstatement. The committee may accept or
refuse an application for reinstatement. If a license has been
suspended or revoked, the committee may require an examination for
reinstatement.
(E) On request of the board, the attorney general shall bring
and prosecute to judgment a civil action to collect any fine
imposed under division (B)(4) of this section that remains unpaid.
(F) All fines collected under division (B)(4) of this section
shall be deposited into the state treasury to the credit of the
occupational licensing and regulatory fund.
Sec. 4758.30. (A) The chemical dependency professionals
board, in accordance with Chapter 119. of the Revised Code, may
refuse to issue a license or certificate applied for under this
chapter; refuse to renew a license or certificate issued under
this chapter; suspend, revoke, or otherwise restrict a license or
certificate issued under this chapter; or reprimand an individual
holding a license or certificate issued under this chapter. These
actions may be taken by the board regarding the applicant for a
license or certificate or the individual holding a license or
certificate for one or more of the following reasons:
(1) Violation of any provision of this chapter or rules
adopted under it;
(2) Knowingly making a false statement on an application for
a license or certificate or for renewal, restoration, or
reinstatement of a license or certificate;
(3) Acceptance of a commission or rebate for referring an
individual to a person who holds a license or certificate issued
by, or who is registered with, an entity of state government,
including persons practicing chemical dependency counseling,
alcohol and other drug prevention services, or fields related to
chemical dependency counseling or alcohol and other drug
prevention services;
(4) Conviction in this or any other state of any crime that
is a felony in this state;
(5) Conviction in this or any other state of a misdemeanor
committed in the course of practice as an independent chemical
dependency counselor, chemical dependency counselor III, chemical
dependency counselor II, chemical dependency counselor I, chemical
dependency counselor assistant, prevention specialist II,
prevention specialist I, or registered applicant;
(6) Inability to practice as an independent chemical
dependency counselor, chemical dependency counselor III, chemical
dependency counselor II, chemical dependency counselor I, chemical
dependency counselor assistant, prevention specialist II,
prevention specialist I, or registered applicant due to abuse of
or dependency on alcohol or other drugs or other physical or
mental condition;
(7) Practicing outside the individual's scope of practice;
(8) Practicing without complying with the supervision
requirements specified under section 4758.56, 4758.59, or 4758.61
of the Revised Code;
(9) Violation of the code of ethical practice and
professional conduct for chemical dependency counseling or alcohol
and other drug prevention services adopted by the board pursuant
to section 4758.23 of the Revised Code;
(10) Revocation of a license or certificate or voluntary
surrender of a license or certificate in another state or
jurisdiction for an offense that would be a violation of this
chapter;
(11) Making a false, fraudulent, deceptive, or misleading
statement in the solicitation of or advertising for patients in
relation to the practice of an independent chemical dependency
counselor, chemical dependency counselor III, chemical dependency
counselor II, chemical dependency counselor I, chemical dependency
counselor assistant, prevention specialist II, prevention
specialist I, or registered applicant;
(12) Failure to comply with the requirements of section
4745.04 of the Revised Code.
(B) An individual whose license or certificate has been
suspended or revoked under this section may apply to the board for
reinstatement after an amount of time the board shall determine in
accordance with rules adopted under section 4758.20 of the Revised
Code. The board may accept or refuse an application for
reinstatement. The board may require an examination for
reinstatement of a license or certificate that has been suspended
or revoked.
Sec. 4759.07. (A) The Ohio board of dietetics may, in
accordance with Chapter 119. of the Revised Code, refuse to issue,
review, or renew, or may suspend, revoke, or impose probationary
conditions upon any license or permit to practice dietetics, if
the applicant has:
(1) Violated sections 4759.02 to 4759.10 of the Revised Code
or rules adopted under those sections;
(2) Knowingly made a false statement in his an application
for licensure or license renewal;
(3) Been convicted of any crime constituting a felony in this
or any other state;
(4) Been impaired in his ability to perform as a licensed
dietitian due to the use of a controlled substance or alcoholic
beverage;
(5) Been convicted of a misdemeanor committed in the course
of his work as a dietitian in this or any other state;
(6) A record of incompetent or negligent conduct in his the
practice of dietetics;
(7) Making a false, fraudulent, deceptive, or misleading
statement in the solicitation of or advertising for patients in
relation to the practice of dietetics;
(8) Failure to comply with the requirements of section
4745.04 of the Revised Code.
(B) One year or more after the date of suspension or
revocation of a license or permit, an application for
reinstatement of the license or permit may be made to the board.
The board shall grant or deny reinstatement with a hearing, at the
request of the applicant, in accordance with Chapter 119. of the
Revised Code and may impose conditions upon the reinstatement,
including the requirement of passing an examination approved by
the board.
Sec. 4760.13. (A) The state medical board, by an affirmative
vote of not fewer than six members, may revoke or may refuse to
grant a certificate of registration as an anesthesiologist
assistant to a person found by the board to have committed fraud,
misrepresentation, or deception in applying for or securing the
certificate.
(B) The board, by an affirmative vote of not fewer than six
members, shall, to the extent permitted by law, limit, revoke, or
suspend an individual's certificate of registration as an
anesthesiologist assistant, refuse to issue a certificate to an
applicant, refuse to reinstate a certificate, or reprimand or
place on probation the holder of a certificate for any of the
following reasons:
(1) Permitting the holder's name or certificate to be used by
another person;
(2) Failure to comply with the requirements of this chapter,
Chapter 4731. of the Revised Code, or any rules adopted by the
board;
(3) Violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of, or
conspiring to violate, any provision of this chapter, Chapter
4731. of the Revised Code, or the rules adopted by the board;
(4) A departure from, or failure to conform to, minimal
standards of care of similar practitioners under the same or
similar circumstances whether or not actual injury to the patient
is established;
(5) Inability to practice according to acceptable and
prevailing standards of care by reason of mental illness or
physical illness, including physical deterioration that adversely
affects cognitive, motor, or perceptive skills;
(6) Impairment of ability to practice according to acceptable
and prevailing standards of care because of habitual or excessive
use or abuse of drugs, alcohol, or other substances that impair
ability to practice;
(7) Willfully betraying a professional confidence;
(8) Making a false, fraudulent, deceptive, or misleading
statement in soliciting or advertising for patients or in securing
or attempting to secure a certificate of registration to practice
as an anesthesiologist assistant.
As used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive because
of a failure to disclose material facts, is intended or is likely
to create false or unjustified expectations of favorable results,
or includes representations or implications that in reasonable
probability will cause an ordinarily prudent person to
misunderstand or be deceived.
(9) The obtaining of, or attempting to obtain, money or a
thing of value by fraudulent misrepresentations in the course of
practice;
(10) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a felony;
(11) Commission of an act that constitutes a felony in this
state, regardless of the jurisdiction in which the act was
committed;
(12) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor committed in the course of practice;
(13) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor involving moral turpitude;
(14) Commission of an act in the course of practice that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(15) Commission of an act involving moral turpitude that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(16) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for violating any state or federal law regulating the
possession, distribution, or use of any drug, including
trafficking in drugs;
(17) Any of the following actions taken by the state agency
responsible for regulating the practice of anesthesiologist
assistants in another jurisdiction, for any reason other than the
nonpayment of fees: the limitation, revocation, or suspension of
an individual's license to practice; acceptance of an individual's
license surrender; denial of a license; refusal to renew or
reinstate a license; imposition of probation; or issuance of an
order of censure or other reprimand;
(18) Violation of the conditions placed by the board on a
certificate of registration;
(19) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4731.051 of
the Revised Code;
(20) Failure to cooperate in an investigation conducted by
the board under section 4760.14 of the Revised Code, including
failure to comply with a subpoena or order issued by the board or
failure to answer truthfully a question presented by the board at
a deposition or in written interrogatories, except that failure to
cooperate with an investigation shall not constitute grounds for
discipline under this section if a court of competent jurisdiction
has issued an order that either quashes a subpoena or permits the
individual to withhold the testimony or evidence in issue;
(21) Failure to comply with any code of ethics established by
the national commission for the certification of anesthesiologist
assistants;
(22) Failure to notify the state medical board of the
revocation or failure to maintain certification from the national
commission for certification of anesthesiologist assistants;
(23) Failure to comply with the requirements of section
4745.04 of the Revised Code.
(C) Disciplinary actions taken by the board under divisions
(A) and (B) of this section shall be taken pursuant to an
adjudication under Chapter 119. of the Revised Code, except that
in lieu of an adjudication, the board may enter into a consent
agreement with an anesthesiologist assistant or applicant to
resolve an allegation of a violation of this chapter or any rule
adopted under it. A consent agreement, when ratified by an
affirmative vote of not fewer than six members of the board, shall
constitute the findings and order of the board with respect to the
matter addressed in the agreement. If the board refuses to ratify
a consent agreement, the admissions and findings contained in the
consent agreement shall be of no force or effect.
(D) For purposes of divisions (B)(11), (14), and (15) of this
section, the commission of the act may be established by a finding
by the board, pursuant to an adjudication under Chapter 119. of
the Revised Code, that the applicant or certificate holder
committed the act in question. The board shall have no
jurisdiction under these divisions in cases where the trial court
renders a final judgment in the certificate holder's favor and
that judgment is based upon an adjudication on the merits. The
board shall have jurisdiction under these divisions in cases where
the trial court issues an order of dismissal on technical or
procedural grounds.
(E) The sealing of conviction records by any court shall have
no effect on a prior board order entered under the provisions of
this section or on the board's jurisdiction to take action under
the provisions of this section if, based upon a plea of guilty, a
judicial finding of guilt, or a judicial finding of eligibility
for intervention in lieu of conviction, the board issued a notice
of opportunity for a hearing prior to the court's order to seal
the records. The board shall not be required to seal, destroy,
redact, or otherwise modify its records to reflect the court's
sealing of conviction records.
(F) For purposes of this division, any individual who holds a
certificate of registration issued under this chapter, or applies
for a certificate of registration, shall be deemed to have given
consent to submit to a mental or physical examination when
directed to do so in writing by the board and to have waived all
objections to the admissibility of testimony or examination
reports that constitute a privileged communication.
(1) In enforcing division (B)(5) of this section, the board,
on a showing of a possible violation, may compel any individual
who holds a certificate of registration issued under this chapter
or who has applied for a certificate of registration pursuant to
this chapter to submit to a mental or physical examination, or
both. A physical examination may include an HIV test. The expense
of the examination is the responsibility of the individual
compelled to be examined. Failure to submit to a mental or
physical examination or consent to an HIV test ordered by the
board constitutes an admission of the allegations against the
individual unless the failure is due to circumstances beyond the
individual's control, and a default and final order may be entered
without the taking of testimony or presentation of evidence. If
the board finds an anesthesiologist assistant unable to practice
because of the reasons set forth in division (B)(5) of this
section, the board shall require the anesthesiologist assistant to
submit to care, counseling, or treatment by physicians approved or
designated by the board, as a condition for an initial, continued,
reinstated, or renewed certificate of registration. An individual
affected by this division shall be afforded an opportunity to
demonstrate to the board the ability to resume practicing in
compliance with acceptable and prevailing standards of care.
(2) For purposes of division (B)(6) of this section, if the
board has reason to believe that any individual who holds a
certificate of registration issued under this chapter or any
applicant for a certificate of registration suffers such
impairment, the board may compel the individual to submit to a
mental or physical examination, or both. The expense of the
examination is the responsibility of the individual compelled to
be examined. Any mental or physical examination required under
this division shall be undertaken by a treatment provider or
physician qualified to conduct such examination and chosen by the
board.
Failure to submit to a mental or physical examination ordered
by the board constitutes an admission of the allegations against
the individual unless the failure is due to circumstances beyond
the individual's control, and a default and final order may be
entered without the taking of testimony or presentation of
evidence. If the board determines that the individual's ability to
practice is impaired, the board shall suspend the individual's
certificate or deny the individual's application and shall require
the individual, as a condition for an initial, continued,
reinstated, or renewed certificate of registration, to submit to
treatment.
Before being eligible to apply for reinstatement of a
certificate suspended under this division, the anesthesiologist
assistant shall demonstrate to the board the ability to resume
practice in compliance with acceptable and prevailing standards of
care. The demonstration shall include the following:
(a) Certification from a treatment provider approved under
section 4731.25 of the Revised Code that the individual has
successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an aftercare
contract or consent agreement;
(c) Two written reports indicating that the individual's
ability to practice has been assessed and that the individual has
been found capable of practicing according to acceptable and
prevailing standards of care. The reports shall be made by
individuals or providers approved by the board for making such
assessments and shall describe the basis for their determination.
The board may reinstate a certificate suspended under this
division after such demonstration and after the individual has
entered into a written consent agreement.
When the impaired anesthesiologist assistant resumes
practice, the board shall require continued monitoring of the
anesthesiologist assistant. The monitoring shall include
monitoring of compliance with the written consent agreement
entered into before reinstatement or with conditions imposed by
board order after a hearing, and, on termination of the consent
agreement, submission to the board for at least two years of
annual written progress reports made under penalty of
falsification stating whether the anesthesiologist assistant has
maintained sobriety.
(G) If the secretary and supervising member determine that
there is clear and convincing evidence that an anesthesiologist
assistant has violated division (B) of this section and that the
individual's continued practice presents a danger of immediate and
serious harm to the public, they may recommend that the board
suspend the individual's certificate or registration without a
prior hearing. Written allegations shall be prepared for
consideration by the board.
The board, on review of the allegations and by an affirmative
vote of not fewer than six of its members, excluding the secretary
and supervising member, may suspend a certificate without a prior
hearing. A telephone conference call may be utilized for reviewing
the allegations and taking the vote on the summary suspension.
The board shall issue a written order of suspension by
certified mail or in person in accordance with section 119.07 of
the Revised Code. The order shall not be subject to suspension by
the court during pendency of any appeal filed under section 119.12
of the Revised Code. If the anesthesiologist assistant requests an
adjudicatory hearing by the board, the date set for the hearing
shall be within fifteen days, but not earlier than seven days,
after the anesthesiologist assistant requests the hearing, unless
otherwise agreed to by both the board and the certificate holder.
A summary suspension imposed under this division shall remain
in effect, unless reversed on appeal, until a final adjudicative
order issued by the board pursuant to this section and Chapter
119. of the Revised Code becomes effective. The board shall issue
its final adjudicative order within sixty days after completion of
its hearing. Failure to issue the order within sixty days shall
result in dissolution of the summary suspension order, but shall
not invalidate any subsequent, final adjudicative order.
(H) If the board takes action under division (B)(11), (13),
or (14) of this section, and the judicial finding of guilt, guilty
plea, or judicial finding of eligibility for intervention in lieu
of conviction is overturned on appeal, on exhaustion of the
criminal appeal, a petition for reconsideration of the order may
be filed with the board along with appropriate court documents. On
receipt of a petition and supporting court documents, the board
shall reinstate the certificate of registration. The board may
then hold an adjudication under Chapter 119. of the Revised Code
to determine whether the individual committed the act in question.
Notice of opportunity for hearing shall be given in accordance
with Chapter 119. of the Revised Code. If the board finds,
pursuant to an adjudication held under this division, that the
individual committed the act, or if no hearing is requested, it
may order any of the sanctions specified in division (B) of this
section.
(I) The certificate of registration of an anesthesiologist
assistant and the assistant's practice in this state are
automatically suspended as of the date the anesthesiologist
assistant pleads guilty to, is found by a judge or jury to be
guilty of, or is subject to a judicial finding of eligibility for
intervention in lieu of conviction in this state or treatment of
intervention in lieu of conviction in another jurisdiction for any
of the following criminal offenses in this state or a
substantially equivalent criminal offense in another jurisdiction:
aggravated murder, murder, voluntary manslaughter, felonious
assault, kidnapping, rape, sexual battery, gross sexual
imposition, aggravated arson, aggravated robbery, or aggravated
burglary. Continued practice after the suspension shall be
considered practicing without a certificate.
The board shall notify the individual subject to the
suspension by certified mail or in person in accordance with
section 119.07 of the Revised Code. If an individual whose
certificate is suspended under this division fails to make a
timely request for an adjudication under Chapter 119. of the
Revised Code, the board shall enter a final order permanently
revoking the individual's certificate of registration.
(J) In any instance in which the board is required by Chapter
119. of the Revised Code to give notice of opportunity for hearing
and the individual subject to the notice does not timely request a
hearing in accordance with section 119.07 of the Revised Code, the
board is not required to hold a hearing, but may adopt, by an
affirmative vote of not fewer than six of its members, a final
order that contains the board's findings. In the final order, the
board may order any of the sanctions identified under division (A)
or (B) of this section.
(K) Any action taken by the board under division (B) of this
section resulting in a suspension shall be accompanied by a
written statement of the conditions under which the
anesthesiologist assistant's certificate may be reinstated. The
board shall adopt rules in accordance with Chapter 119. of the
Revised Code governing conditions to be imposed for reinstatement.
Reinstatement of a certificate suspended pursuant to division (B)
of this section requires an affirmative vote of not fewer than six
members of the board.
(L) When the board refuses to grant a certificate of
registration as an anesthesiologist assistant to an applicant,
revokes an individual's certificate of registration, refuses to
renew a certificate of registration, or refuses to reinstate an
individual's certificate of registration, the board may specify
that its action is permanent. An individual subject to a permanent
action taken by the board is forever thereafter ineligible to hold
a certificate of registration as an anesthesiologist assistant and
the board shall not accept an application for reinstatement of the
certificate or for issuance of a new certificate.
(M) Notwithstanding any other provision of the Revised Code,
all of the following apply:
(1) The surrender of a certificate of registration issued
under this chapter is not effective unless or until accepted by
the board. Reinstatement of a certificate surrendered to the board
requires an affirmative vote of not fewer than six members of the
board.
(2) An application made under this chapter for a certificate
of registration may not be withdrawn without approval of the
board.
(3) Failure by an individual to renew a certificate of
registration in accordance with section 4760.06 of the Revised
Code shall not remove or limit the board's jurisdiction to take
disciplinary action under this section against the individual.
Sec. 4761.09. (A) The Ohio respiratory care board may refuse
to issue or renew a license or a limited permit, may issue a
reprimand, may suspend or permanently revoke a license or limited
permit, or may place a license or limited permit holder on
probation, on any of the following grounds:
(1) A plea of guilty to, a judicial finding of guilt of, or a
judicial finding of eligibility for intervention in lieu of
conviction for an offense involving moral turpitude or of a
felony, in which case a certified copy of the court record shall
be conclusive evidence of the matter;
(2) Violating any provision of this chapter or an order or
rule of the board;
(3) Assisting another person in that person's violation of
any provision of this chapter or an order or rule of the board;
(4) Obtaining a license or limited permit by means of fraud,
false or misleading representation, or concealment of material
facts or making any other material misrepresentation to the board;
(5) Being guilty of negligence or gross misconduct in the
practice of respiratory care;
(6) Violating the standards of ethical conduct adopted by the
board, in the practice of respiratory care;
(7) Engaging in dishonorable, unethical, or unprofessional
conduct of a character likely to deceive, defraud, or harm the
public;
(8) Using any dangerous drug, as defined in section 4729.01
of the Revised Code, or alcohol to the extent that the use impairs
the ability to practice respiratory care at an acceptable level of
competency;
(9) Practicing respiratory care while mentally incompetent;
(10) Accepting commissions, rebates, or other forms of
remuneration for patient referrals;
(11) Practicing in an area of respiratory care for which the
person is clearly untrained or incompetent or practicing in a
manner that conflicts with section 4761.17 of the Revised Code;
(12) Employing, directing, or supervising a person who is not
authorized to practice respiratory care under this chapter in the
performance of respiratory care procedures;
(13) Misrepresenting educational attainments or authorized
functions for the purpose of obtaining some benefit related to the
practice of respiratory care;
(14) Assisting suicide as defined in section 3795.01 of the
Revised Code;
(15) Making a false, fraudulent, deceptive, or misleading
statement in the solicitation of or advertising for patients in
relation to the practice of respiratory care;
(16) Failure to comply with the requirements of section
4745.04 of the Revised Code.
Before the board may take any action under this section,
other than issuance of a summary suspension order under division
(C) of this section, the executive director of the board shall
prepare and file written charges with the board. Disciplinary
actions taken by the board under this section shall be taken
pursuant to an adjudication under Chapter 119. of the Revised
Code, except that in lieu of an adjudication, the board may enter
into a consent agreement to resolve an allegation of a violation
of this chapter or any rule adopted under it. A consent agreement,
when ratified by the board, shall constitute the findings and
order of the board with respect to the matter addressed in the
agreement. If the board refuses to ratify a consent agreement, the
admissions and findings contained in the consent agreement shall
be of no effect.
(B) If the board orders a license or limited permit holder
placed on probation, the order shall be accompanied by a written
statement of the conditions under which the person may be restored
to practice.
The person may reapply to the board for original issuance of
a license after one year following the date the license was
denied.
A person may apply to the board for the reinstatement of a
license or limited permit after one year following the date of
suspension or refusal to renew. The board may accept or refuse the
application for reinstatement and may require that the applicant
pass a reexamination as a condition of eligibility for
reinstatement.
(C) If the president and secretary of the board determine
that there is clear and convincing evidence that a license or
limited permit holder has committed an act that is grounds for
board action under division (A) of this section and that continued
practice by the license or permit holder presents a danger of
immediate and serious harm to the public, the president and
secretary may recommend that the board suspend the license or
limited permit without a prior hearing. The president and
secretary shall submit in writing to the board the allegations
causing them to recommend the suspension.
On review of the allegations, the board, by a vote of not
less than seven of its members, may suspend a license or limited
permit without a prior hearing. The board may review the
allegations and vote on the suspension by a telephone conference
call.
If the board votes to suspend a license or limited permit
under this division, the board shall issue a written order of
summary suspension to the license or limited permit holder in
accordance with section 119.07 of the Revised Code. If the license
or limited permit holder requests a hearing by the board, the
board shall conduct the hearing in accordance with Chapter 119. of
the Revised Code. Notwithstanding section 119.12 of the Revised
Code, a court of common pleas shall not grant a suspension of the
board's order of summary suspension pending determination of an
appeal filed under that section.
Any order of summary suspension issued under this division
shall remain in effect until a final adjudication order issued by
the board pursuant to division (A) of this section becomes
effective. The board shall issue its final adjudication order
regarding an order of summary suspension issued under this
division not later than sixty days after completion of its
hearing. Failure to issue the order within sixty days shall result
in immediate dissolution of the suspension order, but shall not
invalidate any subsequent, final adjudication order.
Sec. 4762.13. (A) The state medical board, by an affirmative
vote of not fewer than six members, may revoke or may refuse to
grant a certificate to practice as an acupuncturist to a person
found by the board to have committed fraud, misrepresentation, or
deception in applying for or securing the certificate.
(B) The board, by an affirmative vote of not fewer than six
members, shall, to the extent permitted by law, limit, revoke, or
suspend an individual's certificate to practice as an
acupuncturist, refuse to issue a certificate to an applicant,
refuse to reinstate a certificate, or reprimand or place on
probation the holder of a certificate for any of the following
reasons:
(1) Permitting the holder's name or certificate to be used by
another person;
(2) Failure to comply with the requirements of this chapter,
Chapter 4731. of the Revised Code, or any rules adopted by the
board;
(3) Violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of, or
conspiring to violate, any provision of this chapter, Chapter
4731. of the Revised Code, or the rules adopted by the board;
(4) A departure from, or failure to conform to, minimal
standards of care of similar practitioners under the same or
similar circumstances whether or not actual injury to the patient
is established;
(5) Inability to practice according to acceptable and
prevailing standards of care by reason of mental illness or
physical illness, including physical deterioration that adversely
affects cognitive, motor, or perceptive skills;
(6) Impairment of ability to practice according to acceptable
and prevailing standards of care because of habitual or excessive
use or abuse of drugs, alcohol, or other substances that impair
ability to practice;
(7) Willfully betraying a professional confidence;
(8) Making a false, fraudulent, deceptive, or misleading
statement in soliciting or advertising for patients or in securing
or attempting to secure a certificate to practice as an
acupuncturist.
As used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive because
of a failure to disclose material facts, is intended or is likely
to create false or unjustified expectations of favorable results,
or includes representations or implications that in reasonable
probability will cause an ordinarily prudent person to
misunderstand or be deceived.
(9) Representing, with the purpose of obtaining compensation
or other advantage personally or for any other person, that an
incurable disease or injury, or other incurable condition, can be
permanently cured;
(10) The obtaining of, or attempting to obtain, money or a
thing of value by fraudulent misrepresentations in the course of
practice;
(11) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a felony;
(12) Commission of an act that constitutes a felony in this
state, regardless of the jurisdiction in which the act was
committed;
(13) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor committed in the course of practice;
(14) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor involving moral turpitude;
(15) Commission of an act in the course of practice that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(16) Commission of an act involving moral turpitude that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(17) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for violating any state or federal law regulating the
possession, distribution, or use of any drug, including
trafficking in drugs;
(18) Any of the following actions taken by the state agency
responsible for regulating the practice of acupuncture in another
jurisdiction, for any reason other than the nonpayment of fees:
the limitation, revocation, or suspension of an individual's
license to practice; acceptance of an individual's license
surrender; denial of a license; refusal to renew or reinstate a
license; imposition of probation; or issuance of an order of
censure or other reprimand;
(19) Violation of the conditions placed by the board on a
certificate to practice as an acupuncturist;
(20) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4731.051 of
the Revised Code;
(21) Failure to cooperate in an investigation conducted by
the board under section 4762.14 of the Revised Code, including
failure to comply with a subpoena or order issued by the board or
failure to answer truthfully a question presented by the board at
a deposition or in written interrogatories, except that failure to
cooperate with an investigation shall not constitute grounds for
discipline under this section if a court of competent jurisdiction
has issued an order that either quashes a subpoena or permits the
individual to withhold the testimony or evidence in issue;
(22) Failure to comply with the standards of the national
certification commission for acupuncture and oriental medicine
regarding professional ethics, commitment to patients, commitment
to the profession, and commitment to the public;
(23) Failure to have adequate professional liability
insurance coverage in accordance with section 4762.22 of the
Revised Code;
(24) Failure to comply with the requirements of section
4745.04 of the Revised Code.
(C) Disciplinary actions taken by the board under divisions
(A) and (B) of this section shall be taken pursuant to an
adjudication under Chapter 119. of the Revised Code, except that
in lieu of an adjudication, the board may enter into a consent
agreement with an acupuncturist or applicant to resolve an
allegation of a violation of this chapter or any rule adopted
under it. A consent agreement, when ratified by an affirmative
vote of not fewer than six members of the board, shall constitute
the findings and order of the board with respect to the matter
addressed in the agreement. If the board refuses to ratify a
consent agreement, the admissions and findings contained in the
consent agreement shall be of no force or effect.
(D) For purposes of divisions (B)(12), (15), and (16) of this
section, the commission of the act may be established by a finding
by the board, pursuant to an adjudication under Chapter 119. of
the Revised Code, that the applicant or certificate holder
committed the act in question. The board shall have no
jurisdiction under these divisions in cases where the trial court
renders a final judgment in the certificate holder's favor and
that judgment is based upon an adjudication on the merits. The
board shall have jurisdiction under these divisions in cases where
the trial court issues an order of dismissal upon technical or
procedural grounds.
(E) The sealing of conviction records by any court shall have
no effect upon a prior board order entered under the provisions of
this section or upon the board's jurisdiction to take action under
the provisions of this section if, based upon a plea of guilty, a
judicial finding of guilt, or a judicial finding of eligibility
for intervention in lieu of conviction, the board issued a notice
of opportunity for a hearing prior to the court's order to seal
the records. The board shall not be required to seal, destroy,
redact, or otherwise modify its records to reflect the court's
sealing of conviction records.
(F) For purposes of this division, any individual who holds a
certificate to practice issued under this chapter, or applies for
a certificate to practice, shall be deemed to have given consent
to submit to a mental or physical examination when directed to do
so in writing by the board and to have waived all objections to
the admissibility of testimony or examination reports that
constitute a privileged communication.
(1) In enforcing division (B)(5) of this section, the board,
upon a showing of a possible violation, may compel any individual
who holds a certificate to practice issued under this chapter or
who has applied for a certificate pursuant to this chapter to
submit to a mental examination, physical examination, including an
HIV test, or both a mental and physical examination. The expense
of the examination is the responsibility of the individual
compelled to be examined. Failure to submit to a mental or
physical examination or consent to an HIV test ordered by the
board constitutes an admission of the allegations against the
individual unless the failure is due to circumstances beyond the
individual's control, and a default and final order may be entered
without the taking of testimony or presentation of evidence. If
the board finds an acupuncturist unable to practice because of the
reasons set forth in division (B)(5) of this section, the board
shall require the acupuncturist to submit to care, counseling, or
treatment by physicians approved or designated by the board, as a
condition for an initial, continued, reinstated, or renewed
certificate to practice. An individual affected by this division
shall be afforded an opportunity to demonstrate to the board the
ability to resume practicing in compliance with acceptable and
prevailing standards of care.
(2) For purposes of division (B)(6) of this section, if the
board has reason to believe that any individual who holds a
certificate to practice issued under this chapter or any applicant
for a certificate suffers such impairment, the board may compel
the individual to submit to a mental or physical examination, or
both. The expense of the examination is the responsibility of the
individual compelled to be examined. Any mental or physical
examination required under this division shall be undertaken by a
treatment provider or physician qualified to conduct such
examination and chosen by the board.
Failure to submit to a mental or physical examination ordered
by the board constitutes an admission of the allegations against
the individual unless the failure is due to circumstances beyond
the individual's control, and a default and final order may be
entered without the taking of testimony or presentation of
evidence. If the board determines that the individual's ability to
practice is impaired, the board shall suspend the individual's
certificate or deny the individual's application and shall require
the individual, as a condition for an initial, continued,
reinstated, or renewed certificate, to submit to treatment.
Before being eligible to apply for reinstatement of a
certificate suspended under this division, the acupuncturist shall
demonstrate to the board the ability to resume practice in
compliance with acceptable and prevailing standards of care. The
demonstration shall include the following:
(a) Certification from a treatment provider approved under
section 4731.25 of the Revised Code that the individual has
successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an aftercare
contract or consent agreement;
(c) Two written reports indicating that the individual's
ability to practice has been assessed and that the individual has
been found capable of practicing according to acceptable and
prevailing standards of care. The reports shall be made by
individuals or providers approved by the board for making such
assessments and shall describe the basis for their determination.
The board may reinstate a certificate suspended under this
division after such demonstration and after the individual has
entered into a written consent agreement.
When the impaired acupuncturist resumes practice, the board
shall require continued monitoring of the acupuncturist. The
monitoring shall include monitoring of compliance with the written
consent agreement entered into before reinstatement or with
conditions imposed by board order after a hearing, and, upon
termination of the consent agreement, submission to the board for
at least two years of annual written progress reports made under
penalty of falsification stating whether the acupuncturist has
maintained sobriety.
(G) If the secretary and supervising member determine that
there is clear and convincing evidence that an acupuncturist has
violated division (B) of this section and that the individual's
continued practice presents a danger of immediate and serious harm
to the public, they may recommend that the board suspend the
individual's certificate to practice without a prior hearing.
Written allegations shall be prepared for consideration by the
board.
The board, upon review of the allegations and by an
affirmative vote of not fewer than six of its members, excluding
the secretary and supervising member, may suspend a certificate
without a prior hearing. A telephone conference call may be
utilized for reviewing the allegations and taking the vote on the
summary suspension.
The board shall issue a written order of suspension by
certified mail or in person in accordance with section 119.07 of
the Revised Code. The order shall not be subject to suspension by
the court during pendency of any appeal filed under section 119.12
of the Revised Code. If the acupuncturist requests an adjudicatory
hearing by the board, the date set for the hearing shall be within
fifteen days, but not earlier than seven days, after the
acupuncturist requests the hearing, unless otherwise agreed to by
both the board and the certificate holder.
A summary suspension imposed under this division shall remain
in effect, unless reversed on appeal, until a final adjudicative
order issued by the board pursuant to this section and Chapter
119. of the Revised Code becomes effective. The board shall issue
its final adjudicative order within sixty days after completion of
its hearing. Failure to issue the order within sixty days shall
result in dissolution of the summary suspension order, but shall
not invalidate any subsequent, final adjudicative order.
(H) If the board takes action under division (B)(11), (13),
or (14) of this section, and the judicial finding of guilt, guilty
plea, or judicial finding of eligibility for intervention in lieu
of conviction is overturned on appeal, upon exhaustion of the
criminal appeal, a petition for reconsideration of the order may
be filed with the board along with appropriate court documents.
Upon receipt of a petition and supporting court documents, the
board shall reinstate the certificate to practice. The board may
then hold an adjudication under Chapter 119. of the Revised Code
to determine whether the individual committed the act in question.
Notice of opportunity for hearing shall be given in accordance
with Chapter 119. of the Revised Code. If the board finds,
pursuant to an adjudication held under this division, that the
individual committed the act, or if no hearing is requested, it
may order any of the sanctions specified in division (B) of this
section.
(I) The certificate to practice of an acupuncturist and the
acupuncturist's practice in this state are automatically suspended
as of the date the acupuncturist pleads guilty to, is found by a
judge or jury to be guilty of, or is subject to a judicial finding
of eligibility for intervention in lieu of conviction in this
state or treatment or intervention in lieu of conviction in
another jurisdiction for any of the following criminal offenses in
this state or a substantially equivalent criminal offense in
another jurisdiction: aggravated murder, murder, voluntary
manslaughter, felonious assault, kidnapping, rape, sexual battery,
gross sexual imposition, aggravated arson, aggravated robbery, or
aggravated burglary. Continued practice after the suspension shall
be considered practicing without a certificate.
The board shall notify the individual subject to the
suspension by certified mail or in person in accordance with
section 119.07 of the Revised Code. If an individual whose
certificate is suspended under this division fails to make a
timely request for an adjudication under Chapter 119. of the
Revised Code, the board shall enter a final order permanently
revoking the individual's certificate to practice.
(J) In any instance in which the board is required by Chapter
119. of the Revised Code to give notice of opportunity for hearing
and the individual subject to the notice does not timely request a
hearing in accordance with section 119.07 of the Revised Code, the
board is not required to hold a hearing, but may adopt, by an
affirmative vote of not fewer than six of its members, a final
order that contains the board's findings. In the final order, the
board may order any of the sanctions identified under division (A)
or (B) of this section.
(K) Any action taken by the board under division (B) of this
section resulting in a suspension shall be accompanied by a
written statement of the conditions under which the
acupuncturist's certificate to practice may be reinstated. The
board shall adopt rules in accordance with Chapter 119. of the
Revised Code governing conditions to be imposed for reinstatement.
Reinstatement of a certificate suspended pursuant to division (B)
of this section requires an affirmative vote of not fewer than six
members of the board.
(L) When the board refuses to grant a certificate to practice
as an acupuncturist to an applicant, revokes an individual's
certificate, refuses to renew a certificate, or refuses to
reinstate an individual's certificate, the board may specify that
its action is permanent. An individual subject to a permanent
action taken by the board is forever thereafter ineligible to hold
a certificate to practice as an acupuncturist and the board shall
not accept an application for reinstatement of the certificate or
for issuance of a new certificate.
(M) Notwithstanding any other provision of the Revised Code,
all of the following apply:
(1) The surrender of a certificate to practice as an
acupuncturist issued under this chapter is not effective unless or
until accepted by the board. Reinstatement of a certificate
surrendered to the board requires an affirmative vote of not fewer
than six members of the board.
(2) An application made under this chapter for a certificate
may not be withdrawn without approval of the board.
(3) Failure by an individual to renew a certificate in
accordance with section 4762.06 of the Revised Code shall not
remove or limit the board's jurisdiction to take disciplinary
action under this section against the individual.
Sec. 4774.13. (A) The state medical board, by an affirmative
vote of not fewer than six members, may revoke or may refuse to
grant a certificate to practice as a radiologist assistant to an
individual found by the board to have committed fraud,
misrepresentation, or deception in applying for or securing the
certificate.
(B) The board, by an affirmative vote of not fewer than six
members, shall, to the extent permitted by law, limit, revoke, or
suspend an individual's certificate to practice as a radiologist
assistant, refuse to issue a certificate to an applicant, refuse
to reinstate a certificate, or reprimand or place on probation the
holder of a certificate for any of the following reasons:
(1) Permitting the holder's name or certificate to be used by
another person;
(2) Failure to comply with the requirements of this chapter,
Chapter 4731. of the Revised Code, or any rules adopted by the
board;
(3) Violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of, or
conspiring to violate, any provision of this chapter, Chapter
4731. of the Revised Code, or the rules adopted by the board;
(4) A departure from, or failure to conform to, minimal
standards of care of similar practitioners under the same or
similar circumstances whether or not actual injury to the patient
is established;
(5) Inability to practice according to acceptable and
prevailing standards of care by reason of mental illness or
physical illness, including physical deterioration that adversely
affects cognitive, motor, or perceptive skills;
(6) Impairment of ability to practice according to acceptable
and prevailing standards of care because of habitual or excessive
use or abuse of drugs, alcohol, or other substances that impair
ability to practice;
(7) Willfully betraying a professional confidence;
(8) Making a false, fraudulent, deceptive, or misleading
statement in soliciting or advertising for patients or in securing
or attempting to secure a certificate to practice as a radiologist
assistant.
As used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive because
of a failure to disclose material facts, is intended or is likely
to create false or unjustified expectations of favorable results,
or includes representations or implications that in reasonable
probability will cause an ordinarily prudent person to
misunderstand or be deceived.
(9) The obtaining of, or attempting to obtain, money or a
thing of value by fraudulent misrepresentations in the course of
practice;
(10) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a felony;
(11) Commission of an act that constitutes a felony in this
state, regardless of the jurisdiction in which the act was
committed;
(12) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor committed in the course of practice;
(13) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor involving moral turpitude;
(14) Commission of an act in the course of practice that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(15) Commission of an act involving moral turpitude that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(16) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for violating any state or federal law regulating the
possession, distribution, or use of any drug, including
trafficking in drugs;
(17) Any of the following actions taken by the state agency
responsible for regulating the practice of radiologist assistants
in another jurisdiction, for any reason other than the nonpayment
of fees: the limitation, revocation, or suspension of an
individual's license to practice; acceptance of an individual's
license surrender; denial of a license; refusal to renew or
reinstate a license; imposition of probation; or issuance of an
order of censure or other reprimand;
(18) Violation of the conditions placed by the board on a
certificate to practice as a radiologist assistant;
(19) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4731.051 of
the Revised Code;
(20) Failure to cooperate in an investigation conducted by
the board under section 4774.14 of the Revised Code, including
failure to comply with a subpoena or order issued by the board or
failure to answer truthfully a question presented by the board at
a deposition or in written interrogatories, except that failure to
cooperate with an investigation shall not constitute grounds for
discipline under this section if a court of competent jurisdiction
has issued an order that either quashes a subpoena or permits the
individual to withhold the testimony or evidence in issue;
(21) Failure to maintain a license as a radiographer under
Chapter 4773. of the Revised Code;
(22) Failure to maintain certification as a registered
radiologist assistant from the American registry of radiologic
technologists, including revocation by the registry of the
assistant's certification or failure by the assistant to meet the
registry's requirements for annual registration, or failure to
notify the board that the certification as a registered
radiologist assistant has not been maintained;
(23) Failure to comply with any of the rules of ethics
included in the standards of ethics established by the American
registry of radiologic technologists, as those rules apply to an
individual who holds the registry's certification as a registered
radiologist assistant;
(24) Failure to comply with the requirements of section
4745.04 of the Revised Code.
(C) Disciplinary actions taken by the board under divisions
(A) and (B) of this section shall be taken pursuant to an
adjudication under Chapter 119. of the Revised Code, except that
in lieu of an adjudication, the board may enter into a consent
agreement with a radiologist assistant or applicant to resolve an
allegation of a violation of this chapter or any rule adopted
under it. A consent agreement, when ratified by an affirmative
vote of not fewer than six members of the board, shall constitute
the findings and order of the board with respect to the matter
addressed in the agreement. If the board refuses to ratify a
consent agreement, the admissions and findings contained in the
consent agreement shall be of no force or effect.
(D) For purposes of divisions (B)(11), (14), and (15) of this
section, the commission of the act may be established by a finding
by the board, pursuant to an adjudication under Chapter 119. of
the Revised Code, that the applicant or certificate holder
committed the act in question. The board shall have no
jurisdiction under these divisions in cases where the trial court
renders a final judgment in the certificate holder's favor and
that judgment is based upon an adjudication on the merits. The
board shall have jurisdiction under these divisions in cases where
the trial court issues an order of dismissal on technical or
procedural grounds.
(E) The sealing of conviction records by any court shall have
no effect on a prior board order entered under the provisions of
this section or on the board's jurisdiction to take action under
the provisions of this section if, based upon a plea of guilty, a
judicial finding of guilt, or a judicial finding of eligibility
for intervention in lieu of conviction, the board issued a notice
of opportunity for a hearing prior to the court's order to seal
the records. The board shall not be required to seal, destroy,
redact, or otherwise modify its records to reflect the court's
sealing of conviction records.
(F) For purposes of this division, any individual who holds a
certificate to practice as a radiologist assistant issued under
this chapter, or applies for a certificate to practice, shall be
deemed to have given consent to submit to a mental or physical
examination when directed to do so in writing by the board and to
have waived all objections to the admissibility of testimony or
examination reports that constitute a privileged communication.
(1) In enforcing division (B)(5) of this section, the board,
on a showing of a possible violation, may compel any individual
who holds a certificate to practice as a radiologist assistant
issued under this chapter or who has applied for a certificate to
practice to submit to a mental or physical examination, or both. A
physical examination may include an HIV test. The expense of the
examination is the responsibility of the individual compelled to
be examined. Failure to submit to a mental or physical examination
or consent to an HIV test ordered by the board constitutes an
admission of the allegations against the individual unless the
failure is due to circumstances beyond the individual's control,
and a default and final order may be entered without the taking of
testimony or presentation of evidence. If the board finds a
radiologist assistant unable to practice because of the reasons
set forth in division (B)(5) of this section, the board shall
require the radiologist assistant to submit to care, counseling,
or treatment by physicians approved or designated by the board, as
a condition for an initial, continued, reinstated, or renewed
certificate to practice. An individual affected by this division
shall be afforded an opportunity to demonstrate to the board the
ability to resume practicing in compliance with acceptable and
prevailing standards of care.
(2) For purposes of division (B)(6) of this section, if the
board has reason to believe that any individual who holds a
certificate to practice as a radiologist assistant issued under
this chapter or any applicant for a certificate to practice
suffers such impairment, the board may compel the individual to
submit to a mental or physical examination, or both. The expense
of the examination is the responsibility of the individual
compelled to be examined. Any mental or physical examination
required under this division shall be undertaken by a treatment
provider or physician qualified to conduct such examination and
chosen by the board.
Failure to submit to a mental or physical examination ordered
by the board constitutes an admission of the allegations against
the individual unless the failure is due to circumstances beyond
the individual's control, and a default and final order may be
entered without the taking of testimony or presentation of
evidence. If the board determines that the individual's ability to
practice is impaired, the board shall suspend the individual's
certificate or deny the individual's application and shall require
the individual, as a condition for an initial, continued,
reinstated, or renewed certificate to practice, to submit to
treatment.
Before being eligible to apply for reinstatement of a
certificate suspended under this division, the radiologist
assistant shall demonstrate to the board the ability to resume
practice in compliance with acceptable and prevailing standards of
care. The demonstration shall include the following:
(a) Certification from a treatment provider approved under
section 4731.25 of the Revised Code that the individual has
successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an aftercare
contract or consent agreement;
(c) Two written reports indicating that the individual's
ability to practice has been assessed and that the individual has
been found capable of practicing according to acceptable and
prevailing standards of care. The reports shall be made by
individuals or providers approved by the board for making such
assessments and shall describe the basis for their determination.
The board may reinstate a certificate suspended under this
division after such demonstration and after the individual has
entered into a written consent agreement.
When the impaired radiologist assistant resumes practice, the
board shall require continued monitoring of the radiologist
assistant. The monitoring shall include monitoring of compliance
with the written consent agreement entered into before
reinstatement or with conditions imposed by board order after a
hearing, and, on termination of the consent agreement, submission
to the board for at least two years of annual written progress
reports made under penalty of falsification stating whether the
radiologist assistant has maintained sobriety.
(G) If the secretary and supervising member determine that
there is clear and convincing evidence that a radiologist
assistant has violated division (B) of this section and that the
individual's continued practice presents a danger of immediate and
serious harm to the public, they may recommend that the board
suspend the individual's certificate to practice without a prior
hearing. Written allegations shall be prepared for consideration
by the board.
The board, on review of the allegations and by an affirmative
vote of not fewer than six of its members, excluding the secretary
and supervising member, may suspend a certificate without a prior
hearing. A telephone conference call may be utilized for reviewing
the allegations and taking the vote on the summary suspension.
The board shall issue a written order of suspension by
certified mail or in person in accordance with section 119.07 of
the Revised Code. The order shall not be subject to suspension by
the court during pendency of any appeal filed under section 119.12
of the Revised Code. If the radiologist assistant requests an
adjudicatory hearing by the board, the date set for the hearing
shall be within fifteen days, but not earlier than seven days,
after the radiologist assistant requests the hearing, unless
otherwise agreed to by both the board and the certificate holder.
A summary suspension imposed under this division shall remain
in effect, unless reversed on appeal, until a final adjudicative
order issued by the board pursuant to this section and Chapter
119. of the Revised Code becomes effective. The board shall issue
its final adjudicative order within sixty days after completion of
its hearing. Failure to issue the order within sixty days shall
result in dissolution of the summary suspension order, but shall
not invalidate any subsequent, final adjudicative order.
(H) If the board takes action under division (B)(10), (12),
or (13) of this section, and the judicial finding of guilt, guilty
plea, or judicial finding of eligibility for intervention in lieu
of conviction is overturned on appeal, on exhaustion of the
criminal appeal, a petition for reconsideration of the order may
be filed with the board along with appropriate court documents. On
receipt of a petition and supporting court documents, the board
shall reinstate the certificate to practice as a radiologist
assistant. The board may then hold an adjudication under Chapter
119. of the Revised Code to determine whether the individual
committed the act in question. Notice of opportunity for hearing
shall be given in accordance with Chapter 119. of the Revised
Code. If the board finds, pursuant to an adjudication held under
this division, that the individual committed the act, or if no
hearing is requested, it may order any of the sanctions specified
in division (B) of this section.
(I) The certificate to practice of a radiologist assistant
and the assistant's practice in this state are automatically
suspended as of the date the radiologist assistant pleads guilty
to, is found by a judge or jury to be guilty of, or is subject to
a judicial finding of eligibility for intervention in lieu of
conviction in this state or treatment of intervention in lieu of
conviction in another jurisdiction for any of the following
criminal offenses in this state or a substantially equivalent
criminal offense in another jurisdiction: aggravated murder,
murder, voluntary manslaughter, felonious assault, kidnapping,
rape, sexual battery, gross sexual imposition, aggravated arson,
aggravated robbery, or aggravated burglary. Continued practice
after the suspension shall be considered practicing without a
certificate.
The board shall notify the individual subject to the
suspension by certified mail or in person in accordance with
section 119.07 of the Revised Code. If an individual whose
certificate is suspended under this division fails to make a
timely request for an adjudication under Chapter 119. of the
Revised Code, the board shall enter a final order permanently
revoking the individual's certificate to practice.
(J) In any instance in which the board is required by Chapter
119. of the Revised Code to give notice of opportunity for hearing
and the individual subject to the notice does not timely request a
hearing in accordance with section 119.07 of the Revised Code, the
board is not required to hold a hearing, but may adopt, by an
affirmative vote of not fewer than six of its members, a final
order that contains the board's findings. In the final order, the
board may order any of the sanctions identified under division (A)
or (B) of this section.
(K) Any action taken by the board under division (B) of this
section resulting in a suspension shall be accompanied by a
written statement of the conditions under which the radiologist
assistant's certificate may be reinstated. The board shall adopt
rules in accordance with Chapter 119. of the Revised Code
governing conditions to be imposed for reinstatement.
Reinstatement of a certificate suspended pursuant to division (B)
of this section requires an affirmative vote of not fewer than six
members of the board.
(L) When the board refuses to grant a certificate to practice
as a radiologist assistant to an applicant, revokes an
individual's certificate, refuses to renew a certificate, or
refuses to reinstate an individual's certificate, the board may
specify that its action is permanent. An individual subject to a
permanent action taken by the board is forever thereafter
ineligible to hold a certificate to practice as a radiologist
assistant and the board shall not accept an application for
reinstatement of the certificate or for issuance of a new
certificate.
(M) Notwithstanding any other provision of the Revised Code,
all of the following apply:
(1) The surrender of a certificate to practice as a
radiologist assistant issued under this chapter is not effective
unless or until accepted by the board. Reinstatement of a
certificate surrendered to the board requires an affirmative vote
of not fewer than six members of the board.
(2) An application made under this chapter for a certificate
to practice may not be withdrawn without approval of the board.
(3) Failure by an individual to renew a certificate to
practice in accordance with section 4774.06 of the Revised Code
shall not remove or limit the board's jurisdiction to take
disciplinary action under this section against the individual.
Sec. 4778.14. (A) The state medical board, by an affirmative
vote of not fewer than six members, may revoke or may refuse to
grant a license to practice as a genetic counselor to an
individual found by the board to have committed fraud,
misrepresentation, or deception in applying for or securing the
license.
(B) The board, by an affirmative vote of not fewer than six
members, shall, to the extent permitted by law, limit, revoke, or
suspend an individual's license to practice as a genetic
counselor, refuse to issue a license to an applicant, refuse to
reinstate a license, or reprimand or place on probation the holder
of a license for any of the following reasons:
(1) Permitting the holder's name or license to be used by
another person;
(2) Failure to comply with the requirements of this chapter,
Chapter 4731. of the Revised Code, or any rules adopted by the
board;
(3) Violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of, or
conspiring to violate, any provision of this chapter, Chapter
4731. of the Revised Code, or the rules adopted by the board;
(4) A departure from, or failure to conform to, minimal
standards of care of similar practitioners under the same or
similar circumstances whether or not actual injury to the patient
is established;
(5) Inability to practice according to acceptable and
prevailing standards of care by reason of mental illness or
physical illness, including physical deterioration that adversely
affects cognitive, motor, or perceptive skills;
(6) Impairment of ability to practice according to acceptable
and prevailing standards of care because of habitual or excessive
use or abuse of drugs, alcohol, or other substances that impair
ability to practice;
(7) Willfully betraying a professional confidence;
(8) Making a false, fraudulent, deceptive, or misleading
statement in soliciting or advertising for patients or in securing
or attempting to secure a license to practice as a genetic
counselor.
As used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive because
of a failure to disclose material facts, is intended or is likely
to create false or unjustified expectations of favorable results,
or includes representations or implications that in reasonable
probability will cause an ordinarily prudent person to
misunderstand or be deceived.
(9) The obtaining of, or attempting to obtain, money or a
thing of value by fraudulent misrepresentations in the course of
practice;
(10) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a felony;
(11) Commission of an act that constitutes a felony in this
state, regardless of the jurisdiction in which the act was
committed;
(12) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor committed in the course of practice;
(13) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor involving moral turpitude;
(14) Commission of an act in the course of practice that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(15) Commission of an act involving moral turpitude that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(16) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for violating any state or federal law regulating the
possession, distribution, or use of any drug, including
trafficking in drugs;
(17) Any of the following actions taken by an agency
responsible for authorizing, certifying, or regulating an
individual to practice a health care occupation or provide health
care services in this state or in another jurisdiction, for any
reason other than the nonpayment of fees: the limitation,
revocation, or suspension of an individual's license to practice;
acceptance of an individual's license surrender; denial of a
license; refusal to renew or reinstate a license; imposition of
probation; or issuance of an order of censure or other reprimand;
(18) Violation of the conditions placed by the board on a
license to practice as a genetic counselor;
(19) Failure to cooperate in an investigation conducted by
the board under section 4778.18 of the Revised Code, including
failure to comply with a subpoena or order issued by the board or
failure to answer truthfully a question presented by the board at
a deposition or in written interrogatories, except that failure to
cooperate with an investigation shall not constitute grounds for
discipline under this section if a court of competent jurisdiction
has issued an order that either quashes a subpoena or permits the
individual to withhold the testimony or evidence in issue;
(20) Failure to maintain the individual's status as a
certified genetic counselor;
(21) Failure to comply with the code of ethics established by
the national society of genetic counselors;
(22) Failure to comply with the requirements of section
4745.04 of the Revised Code.
(C) Disciplinary actions taken by the board under divisions
(A) and (B) of this section shall be taken pursuant to an
adjudication under Chapter 119. of the Revised Code, except that
in lieu of an adjudication, the board may enter into a consent
agreement with a genetic counselor or applicant to resolve an
allegation of a violation of this chapter or any rule adopted
under it. A consent agreement, when ratified by an affirmative
vote of not fewer than six members of the board, shall constitute
the findings and order of the board with respect to the matter
addressed in the agreement. If the board refuses to ratify a
consent agreement, the admissions and findings contained in the
consent agreement shall be of no force or effect.
A telephone conference call may be utilized for ratification
of a consent agreement that revokes or suspends an individual's
license. The telephone conference call shall be considered a
special meeting under division (F) of section 121.22 of the
Revised Code.
(D) For purposes of divisions (B)(11), (14), and (15) of this
section, the commission of the act may be established by a finding
by the board, pursuant to an adjudication under Chapter 119. of
the Revised Code, that the applicant or license holder committed
the act in question. The board shall have no jurisdiction under
these divisions in cases where the trial court renders a final
judgment in the license holder's favor and that judgment is based
upon an adjudication on the merits. The board shall have
jurisdiction under these divisions in cases where the trial court
issues an order of dismissal on technical or procedural grounds.
(E) The sealing of conviction records by any court shall have
no effect on a prior board order entered under the provisions of
this section or on the board's jurisdiction to take action under
the provisions of this section if, based upon a plea of guilty, a
judicial finding of guilt, or a judicial finding of eligibility
for intervention in lieu of conviction, the board issued a notice
of opportunity for a hearing or took other formal action under
Chapter 119. of the Revised Code prior to the court's order to
seal the records. The board shall not be required to seal,
destroy, redact, or otherwise modify its records to reflect the
court's sealing of conviction records.
(F) For purposes of this division, any individual who holds a
license to practice as a genetic counselor, or applies for a
license, shall be deemed to have given consent to submit to a
mental or physical examination when directed to do so in writing
by the board and to have waived all objections to the
admissibility of testimony or examination reports that constitute
a privileged communication.
(1) In enforcing division (B)(5) of this section, the board,
on a showing of a possible violation, may compel any individual
who holds a license to practice as a genetic counselor or who has
applied for a license to practice as a genetic counselor to submit
to a mental or physical examination, or both. A physical
examination may include an HIV test. The expense of the
examination is the responsibility of the individual compelled to
be examined. Failure to submit to a mental or physical examination
or consent to an HIV test ordered by the board constitutes an
admission of the allegations against the individual unless the
failure is due to circumstances beyond the individual's control,
and a default and final order may be entered without the taking of
testimony or presentation of evidence. If the board finds a
genetic counselor unable to practice because of the reasons set
forth in division (B)(5) of this section, the board shall require
the genetic counselor to submit to care, counseling, or treatment
by physicians approved or designated by the board, as a condition
for an initial, continued, reinstated, or renewed license to
practice. An individual affected by this division shall be
afforded an opportunity to demonstrate to the board the ability to
resume practicing in compliance with acceptable and prevailing
standards of care.
(2) For purposes of division (B)(6) of this section, if the
board has reason to believe that any individual who holds a
license to practice as a genetic counselor or any applicant for a
license suffers such impairment, the board may compel the
individual to submit to a mental or physical examination, or both.
The expense of the examination is the responsibility of the
individual compelled to be examined. Any mental or physical
examination required under this division shall be undertaken by a
treatment provider or physician qualified to conduct such
examination and chosen by the board.
Failure to submit to a mental or physical examination ordered
by the board constitutes an admission of the allegations against
the individual unless the failure is due to circumstances beyond
the individual's control, and a default and final order may be
entered without the taking of testimony or presentation of
evidence. If the board determines that the individual's ability to
practice is impaired, the board shall suspend the individual's
license or deny the individual's application and shall require the
individual, as a condition for an initial, continued, reinstated,
or renewed license, to submit to treatment.
Before being eligible to apply for reinstatement of a license
suspended under this division, the genetic counselor shall
demonstrate to the board the ability to resume practice in
compliance with acceptable and prevailing standards of care. The
demonstration shall include the following:
(a) Certification from a treatment provider approved under
section 4731.25 of the Revised Code that the individual has
successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an aftercare
contract or consent agreement;
(c) Two written reports indicating that the individual's
ability to practice has been assessed and that the individual has
been found capable of practicing according to acceptable and
prevailing standards of care. The reports shall be made by
individuals or providers approved by the board for making such
assessments and shall describe the basis for their determination.
The board may reinstate a license suspended under this
division after such demonstration and after the individual has
entered into a written consent agreement.
When the impaired genetic counselor resumes practice, the
board shall require continued monitoring of the genetic counselor.
The monitoring shall include monitoring of compliance with the
written consent agreement entered into before reinstatement or
with conditions imposed by board order after a hearing, and, on
termination of the consent agreement, submission to the board for
at least two years of annual written progress reports made under
penalty of falsification stating whether the genetic counselor has
maintained sobriety.
(G) If the secretary and supervising member determine both of
the following, they may recommend that the board suspend an
individual's license to practice without a prior hearing:
(1) That there is clear and convincing evidence that a
genetic counselor has violated division (B) of this section;
(2) That the individual's continued practice presents a
danger of immediate and serious harm to the public.
Written allegations shall be prepared for consideration by
the board. The board, on review of the allegations and by an
affirmative vote of not fewer than six of its members, excluding
the secretary and supervising member, may suspend a license
without a prior hearing. A telephone conference call may be
utilized for reviewing the allegations and taking the vote on the
summary suspension.
The board shall issue a written order of suspension by
certified mail or in person in accordance with section 119.07 of
the Revised Code. The order shall not be subject to suspension by
the court during pendency of any appeal filed under section 119.12
of the Revised Code. If the genetic counselor requests an
adjudicatory hearing by the board, the date set for the hearing
shall be within fifteen days, but not earlier than seven days,
after the genetic counselor requests the hearing, unless otherwise
agreed to by both the board and the genetic counselor.
A summary suspension imposed under this division shall remain
in effect, unless reversed on appeal, until a final adjudicative
order issued by the board pursuant to this section and Chapter
119. of the Revised Code becomes effective. The board shall issue
its final adjudicative order within sixty days after completion of
its hearing. Failure to issue the order within sixty days shall
result in dissolution of the summary suspension order, but shall
not invalidate any subsequent, final adjudicative order.
(H) If the board takes action under division (B)(10), (12),
or (13) of this section, and the judicial finding of guilt, guilty
plea, or judicial finding of eligibility for intervention in lieu
of conviction is overturned on appeal, on exhaustion of the
criminal appeal, a petition for reconsideration of the order may
be filed with the board along with appropriate court documents. On
receipt of a petition and supporting court documents, the board
shall reinstate the license to practice as a genetic counselor.
The board may then hold an adjudication under Chapter 119. of the
Revised Code to determine whether the individual committed the act
in question. Notice of opportunity for hearing shall be given in
accordance with Chapter 119. of the Revised Code. If the board
finds, pursuant to an adjudication held under this division, that
the individual committed the act, or if no hearing is requested,
it may order any of the sanctions specified in division (B) of
this section.
(I) The license to practice as a genetic counselor and the
counselor's practice in this state are automatically suspended as
of the date the genetic counselor pleads guilty to, is found by a
judge or jury to be guilty of, or is subject to a judicial finding
of eligibility for intervention in lieu of conviction in this
state or treatment of intervention in lieu of conviction in
another jurisdiction for any of the following criminal offenses in
this state or a substantially equivalent criminal offense in
another jurisdiction: aggravated murder, murder, voluntary
manslaughter, felonious assault, kidnapping, rape, sexual battery,
gross sexual imposition, aggravated arson, aggravated robbery, or
aggravated burglary. Continued practice after the suspension shall
be considered practicing without a license.
The board shall notify the individual subject to the
suspension by certified mail or in person in accordance with
section 119.07 of the Revised Code. If an individual whose license
is suspended under this division fails to make a timely request
for an adjudication under Chapter 119. of the Revised Code, the
board shall enter a final order permanently revoking the
individual's license to practice.
(J) In any instance in which the board is required by Chapter
119. of the Revised Code to give notice of opportunity for hearing
and the individual subject to the notice does not timely request a
hearing in accordance with section 119.07 of the Revised Code, the
board is not required to hold a hearing, but may adopt, by an
affirmative vote of not fewer than six of its members, a final
order that contains the board's findings. In the final order, the
board may order any of the sanctions identified under division (A)
or (B) of this section.
(K) Any action taken by the board under division (B) of this
section resulting in a suspension shall be accompanied by a
written statement of the conditions under which the license of the
genetic counselor may be reinstated. The board shall adopt rules
in accordance with Chapter 119. of the Revised Code governing
conditions to be imposed for reinstatement. Reinstatement of a
license suspended pursuant to division (B) of this section
requires an affirmative vote of not fewer than six members of the
board.
(L) When the board refuses to grant a license to practice as
a genetic counselor to an applicant, revokes an individual's
license, refuses to renew a license, or refuses to reinstate an
individual's license, the board may specify that its action is
permanent. An individual subject to a permanent action taken by
the board is forever thereafter ineligible to hold a license to
practice as a genetic counselor and the board shall not accept an
application for reinstatement of the license or for issuance of a
new license.
(M) Notwithstanding any other provision of the Revised Code,
all of the following apply:
(1) The surrender of a license to practice as a genetic
counselor is not effective unless or until accepted by the board.
A telephone conference call may be utilized for acceptance of the
surrender of an individual's license. The telephone conference
call shall be considered a special meeting under division (F) of
section 121.22 of the Revised Code. Reinstatement of a license
surrendered to the board requires an affirmative vote of not fewer
than six members of the board.
(2) An application made under this chapter for a license to
practice may not be withdrawn without approval of the board.
(3) Failure by an individual to renew a license in accordance
with section 4778.06 of the Revised Code shall not remove or limit
the board's jurisdiction to take disciplinary action under this
section against the individual.
Sec. 4779.28. (A) The board may, pursuant to an adjudication
under Chapter 119. of the Revised Code and by a vote of not fewer
than four of its members, limit, revoke, or suspend a license
issued under this chapter, refuse to issue a license to an
applicant, or reprimand or place on probation a license holder for
any of the following reasons:
(1) Conviction of, or a plea of guilty to, a misdemeanor or
felony involving moral turpitude;
(2) Any violation of this chapter;
(3) Committing fraud, misrepresentation, or deception in
applying for or securing a license issued under this chapter;
(4) Habitual use of drugs or intoxicants to the extent that
it renders the person unfit to practice;
(5) Violation of any rule adopted by the board under section
4779.08 of the Revised Code;
(6) A departure from, or failure to conform to, minimal
standards of care of similar orthotists, prosthetists,
orthotists-prosthetists, or pedorthists under the same or similar
circumstances, regardless of whether actual injury to a patient is
established;
(7) Obtaining or attempting to obtain money or anything of
value by fraudulent misrepresentation in the course of practice;
(8) Publishing a false, fraudulent, deceptive, or misleading
statement;
(9) Waiving the payment of all or part of a deductible or
copayment that a patient, pursuant to a health insurance or health
care policy, contract, or plan, 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 a person who
holds a license issued under this chapter;
(10) Advertising that a person who holds a license issued
under this chapter will waive the payment of all or part of a
deductible or copayment that a patient, pursuant to a health
insurance or health care policy, contract, or plan, that covers
the person's services, would otherwise be required to pay;
(11) Making a false, fraudulent, deceptive, or misleading
statement in the solicitation of or advertising for patients in
relation to the practice of an orthotist, prosthetist,
orthotist-prosthetist, or pedorthist;
(12) Failure to comply with the requirements of section
4745.04 of the Revised Code.
(B) For the purpose of investigating whether a person is
engaging or has engaged in conduct described in division (A) of
this section, the board may administer oaths, order the taking of
depositions, issue subpoenas, examine witnesses, and compel the
attendance of witnesses and production of books, accounts, papers,
records, documents, and testimony.
Section 2. That existing sections 4715.30, 4723.28, 4725.19,
4725.53, 4729.16, 4730.02, 4730.25, 4731.22, 4732.17, 4734.31,
4753.10, 4755.11, 4755.47, 4755.64, 4757.36, 4758.30, 4759.07,
4760.13, 4761.09, 4762.13, 4774.13, 4778.14, and 4779.28 of the
Revised Code are hereby repealed.
Section 3. Section 4731.22 of the Revised Code is presented
in this act as a composite of the section as amended by both Am.
Sub. H.B. 292 and Am. Sub. H.B. 487 of the 129th General Assembly.
The General Assembly, applying the principle stated in division
(B) of section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
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