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Sub. S. B. No. 301 As Enrolled
(129th General Assembly)
(Substitute Senate Bill Number 301)
AN ACT
To amend sections 3719.41, 4715.033, 4715.034,
4715.30, 4715.301, 4715.302, 4723.487, 4725.092,
4729.162, 4729.291, 4729.51, 4729.552, 4729.57,
4729.79, 4729.80, 4729.86, 4730.53, 4731.054,
4731.055, 4731.22, and 4731.39 of the Revised Code
regarding enforcement powers of certain health
care professional licensing boards, regulation of
pain management clinics, limits on
prescriber-furnished controlled substances, and
classifications of certain controlled substances.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 3719.41, 4715.033, 4715.034,
4715.30, 4715.301, 4715.302, 4723.487, 4725.092, 4729.162,
4729.291, 4729.51, 4729.552, 4729.57, 4729.79, 4729.80, 4729.86,
4730.53, 4731.054, 4731.055, 4731.22, and 4731.39 of the Revised
Code be amended to read as follows:
Sec. 3719.41. Controlled substance schedules I, II, III, IV,
and V are hereby established, which schedules include the
following, subject to amendment pursuant to section 3719.43 or
3719.44 of the Revised Code.
SCHEDULE I
(A) Narcotics-opiates
Any of the following opiates, including their isomers,
esters, ethers, salts, and salts of isomers, esters, and ethers,
unless specifically excepted under federal drug abuse control
laws, whenever the existence of these isomers, esters, ethers, and
salts is possible within the specific chemical designation:
(1) Acetyl-alpha-methylfentanyl
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);
(2) Acetylmethadol;
(3) Allylprodine;
(4) Alphacetylmethadol (except levo-alphacetylmethadol, also
known as levo-alpha-acetylmethadol, levomethadyl acetate, or
LAAM);
(5) Alphameprodine;
(6) Alphamethadol;
(7) Alpha-methylfentanyl
(N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide;
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);
(8) Alpha-methylthiofentanyl
(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-
phenylpropanamide);
(9) Benzethidine;
(10) Betacetylmethadol;
(11) Beta-hydroxyfentanyl
(N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl]-N- phenylpropanamide);
(12) Beta-hydroxy-3-methylfentanyl (other name:
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-
phenylpropanamide);
(13) Betameprodine;
(14) Betamethadol;
(15) Betaprodine;
(16) Clonitazene;
(17) Dextromoramide;
(18) Diampromide;
(19) Diethylthiambutene;
(20) Difenoxin;
(21) Dimenoxadol;
(22) Dimepheptanol;
(23) Dimethylthiambutene;
(24) Dioxaphetyl butyrate;
(25) Dipipanone;
(26) Ethylmethylthiambutene;
(27) Etonitazene;
(28) Etoxeridine;
(29) Furethidine;
(30) Hydroxypethidine;
(31) Ketobemidone;
(32) Levomoramide;
(33) Levophenacylmorphan;
(34) 3-methylfentanyl
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N- phenylpropanamide);
(35) 3-methylthiofentanyl
(N-[3-methyl-1-[2-(thienyl)ethyl]-4-piperidinyl]-N-
phenylpropanamide);
(36) Morpheridine;
(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(38) Noracymethadol;
(39) Norlevorphanol;
(40) Normethadone;
(41) Norpipanone;
(42) Para-fluorofentanyl
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide;
(43) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine;
(44) Phenadoxone;
(45) Phenampromide;
(46) Phenomorphan;
(47) Phenoperidine;
(48) Piritramide;
(49) Proheptazine;
(50) Properidine;
(51) Propiram;
(52) Racemoramide;
(53) Thiofentanyl
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide;
(54) Tilidine;
(55) Trimeperidine.
(B) Narcotics-opium derivatives
Any of the following opium derivatives, including their
salts, isomers, and salts of isomers, unless specifically excepted
under federal drug abuse control laws, whenever the existence of
these salts, isomers, and salts of isomers is possible within the
specific chemical designation:
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-n-oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) Dihydromorphine;
(9) Drotebanol;
(10) Etorphine (except hydrochloride salt);
(11) Heroin;
(12) Hydromorphinol;
(13) Methyldesorphine;
(14) Methyldihydromorphine;
(15) Morphine methylbromide;
(16) Morphine methylsulfonate;
(17) Morphine-n-oxide;
(18) Myrophine;
(19) Nicocodeine;
(20) Nicomorphine;
(21) Normorphine;
(22) Pholcodine;
(23) Thebacon.
(C) Hallucinogens
Any material, compound, mixture, or preparation that contains
any quantity of the following hallucinogenic substances, including
their salts, isomers, and salts of isomers, unless specifically
excepted under federal drug abuse control laws, whenever the
existence of these salts, isomers, and salts of isomers is
possible within the specific chemical designation. For the
purposes of this division only, "isomer" includes the optical
isomers, position isomers, and geometric isomers.
(1) Alpha-ethyltryptamine (some trade or other names:
etryptamine; Monase; alpha-ethyl-1H-indole-3-ethanamine;
3-(2-aminobutyl) indole; alpha-ET; and AET);
(2) 4-bromo-2,5-dimethoxyamphetamine (some trade or other
names: 4-bromo-2,5-dimethoxy-alpha-methyphenethylamine;
4-bromo-2,5-DMA);
(3) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other
names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane;
alpha-desmethyl DOB; 2C-B, Nexus);
(4) 2,5-dimethoxyamphetamine (some trade or other names:
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);
(5) 2,5-dimethoxy-4-ethylamphetamine (some trade or other
names: DOET);
(6) 4-methoxyamphetamine (some trade or other names:
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine;
PMA);
(7) 5-methoxy-3,4-methylenedioxy-amphetamine;
(8) 4-methyl-2,5-dimethoxy-amphetamine (some trade or other
names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM"
and "STP");
(9) 3,4-methylenedioxy amphetamine;
(10) 3,4-methylenedioxymethamphetamine (MDMA);
(11) 3,4-methylenedioxy-N-ethylamphetamine (also known as
N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl
MDA, MDE, MDEA);
(12) N-hydroxy-3,4-methylenedioxyamphetamine (also known as
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine and
N-hydroxy MDA);
(13) 3,4,5-trimethoxy amphetamine;
(14) Bufotenine (some trade or other names:
3-(beta-dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin;
5-hydroxy-N, N-dimethyltryptamine; mappine);
(15) Diethyltryptamine (some trade or other names: N,
N-diethyltryptamine; DET);
(16) Dimethyltryptamine (some trade or other names: DMT);
(17) Ibogaine (some trade or other names:
7-ethyl-6,6beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-
5H-pyrido[1',2':1,2] azepino [5, 4-b] indole; tabernanthe iboga);
(18) Lysergic acid diethylamide;
(19) Marihuana;
(20) Mescaline;
(21) Parahexyl (some trade or other names: 3-hexyl-1-
hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran;
synhexyl);
(22) Peyote (meaning all parts of the plant presently
classified botanically as "Lophophora williamsii Lemaire," whether
growing or not, the seeds of that plant, any extract from any part
of that plant, and every compound, manufacture, salts, derivative,
mixture, or preparation of that plant, its seeds, or its
extracts);
(23) N-ethyl-3-piperidyl benzilate;
(24) N-methyl-3-piperidyl benzilate;
(25) Psilocybin;
(26) Psilocyn;
(27) Tetrahydrocannabinols (synthetic equivalents of the
substances contained in the plant, or in the resinous extractives
of Cannabis, sp. and/or synthetic substances, derivatives, and
their isomers with similar chemical structure and pharmacological
activity such as the following: delta-1-cis or trans
tetrahydrocannabinol, and their optical isomers; delta-6-cis or
trans tetrahydrocannabinol, and their optical isomers;
delta-3,4-cis or trans tetrahydrocannabinol, and its optical
isomers. (Since nomenclature of these substances is not
internationally standardized, compounds of these structures,
regardless of numerical designation of atomic positions, are
covered.));
(28) Ethylamine analog of phencyclidine (some trade or other
names: N-ethyl-1-phenylcyclohexylamine;
(1-phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine;
cyclohexamine; PCE);
(29) Pyrrolidine analog of phencyclidine (some trade or other
names: 1-(1-phenylcyclohexyl)pyrrolidine; PCPy; PHP);
(30) Thiophene analog of phencyclidine (some trade or other
names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine; 2-thienyl analog
of phencyclidine; TPCP; TCP);
(31) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine;
(32) Hashish;
(33) Salvia divinorum;
(34) Salvinorin A;
(35) 1-Pentyl-3-(1-naphthoyl)indole (some trade or other
names: JWH-018);
(36) 1-Butyl-3-(1-naphthoyl)indole (some trade or other
names: JWH-073);
(37) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (some
trade or other names: JWH-200);
(38)
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(some trade or other names: CP-47,497);
(39)
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (some
trade or other names: cannabicyclohexanol; CP-47,497 C8
homologue);
(40) Methylone (3,4-methylenedioxymethcathinone);
(41) MDPV (3,4-methyenedioxypyrovalerone);
(42) Mephedrone (4-methylmethcathinone);
(43) 4-methoxymethcathinone;
(44) 4-fluoromethcathinone;
(45) 3-fluoromethcathinone.
(D) Depressants
Any material, compound, mixture, or preparation that contains
any quantity of the following substances having a depressant
effect on the central nervous system, including their salts,
isomers, and salts of isomers, unless specifically excepted under
federal drug abuse control laws, whenever the existence of these
salts, isomers, and salts of isomers is possible within the
specific chemical designation:
(1) Mecloqualone;
(2) Methaqualone.
(E) Stimulants
Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation that
contains any quantity of the following substances having a
stimulant effect on the central nervous system, including their
salts, isomers, and salts of isomers:
(1) Aminorex (some other names: aminoxaphen;
2-amino-5-phenyl-2-oxazoline; or
4,5-dihydro-5-phenyl-2-oxazolamine);
(2) Cathinone (some trade or other names:
2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,
2-aminopropiophenone, and norephedrone);
(3) Fenethylline;
(4) Methcathinone (some other names:
2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone;
2-methylamino)-1-phenylpropan-1-one;
alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone;
N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and
UR1432, its salts, optical isomers, and salts of optical isomers;
(5) (+/-)cis-4-methylaminorex
((+/-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
(6) N-ethylamphetamine;
(7) N,N-dimethylamphetamine (also known as
N,N-alpha-trimethyl-benzeneethanamine;
N,N-alpha-trimethylphenethylamine);
(8) Methylone (3,4-methylenedioxymethcathinone);
(9) MDPV (3,4-methylenedioxypyrovalerone);
(10) Mephedrone (4-methylmethcathinone);
(11) 4-methoxymethcathinone;
(12) 4-fluoromethcathinone;
(13) 3-fluoromethcathinone.
SCHEDULE II
(A) Narcotics-opium and opium derivatives
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any of the following
substances whether produced directly or indirectly by extraction
from substances of vegetable origin, independently by means of
chemical synthesis, or by a combination of extraction and chemical
synthesis:
(1) Opium and opiate, and any salt, compound, derivative, or
preparation of opium or opiate, excluding apomorphine,
thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene,
naloxone, and naltrexone, and their respective salts, but
including the following:
(a) Raw opium;
(b) Opium extracts;
(c) Opium fluid extracts;
(d) Powdered opium;
(e) Granulated opium;
(f) Tincture of opium;
(g) Codeine;
(h) Ethylmorphine;
(i) Etorphine hydrochloride;
(j) Hydrocodone;
(k) Hydromorphone;
(l) Metopon;
(m) Morphine;
(n) Oxycodone;
(o) Oxymorphone;
(p) Thebaine.
(2) Any salt, compound, derivative, or preparation thereof
that is chemically equivalent to or identical with any of the
substances referred to in division (A)(1) of this schedule, except
that these substances shall not include the isoquinoline alkaloids
of opium;
(3) Opium poppy and poppy straw;
(4) Coca leaves and any salt, compound, derivative, or
preparation of coca leaves (including cocaine and ecgonine, their
salts, isomers, and derivatives, and salts of those isomers and
derivatives), and any salt, compound, derivative, or preparation
thereof that is chemically equivalent to or identical with any of
these substances, except that the substances shall not include
decocainized coca leaves or extraction of coca leaves, which
extractions do not contain cocaine or ecgonine;
(5) Concentrate of poppy straw (the crude extract of poppy
straw in either liquid, solid, or powder form that contains the
phenanthrene alkaloids of the opium poppy).
(B) Narcotics-opiates
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any of the following
opiates, including their isomers, esters, ethers, salts, and salts
of isomers, esters, and ethers, whenever the existence of these
isomers, esters, ethers, and salts is possible within the specific
chemical designation, but excluding dextrorphan and
levopropoxyphene:
(1) Alfentanil;
(2) Alphaprodine;
(3) Anileridine;
(4) Bezitramide;
(5) Bulk dextropropoxyphene (non-dosage forms);
(6) Carfentanil;
(7) Dihydrocodeine;
(8) Diphenoxylate;
(9) Fentanyl;
(10) Isomethadone;
(11) Levo-alphacetylmethadol (some other names:
levo-alpha-acetylmethadol; levomethadyl acetate; LAAM);
(12) Levomethorphan;
(13) Levorphanol;
(14) Metazocine;
(15) Methadone;
(16) Methadone-intermediate,
4-cyano-2-dimethylamino-4,4-diphenyl butane;
(17) Moramide-intermediate,
2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid;
(18) Pethidine (meperidine);
(19) Pethidine-intermediate-A,
4-cyano-1-methyl-4-phenylpiperidine;
(20) Pethidine-intermediate-B,
ethyl-4-phenylpiperidine-4-carboxylate;
(21) Pethidine-intermediate-C,
1-methyl-4-phenylpiperidine-4-carboxylic acid;
(22) Phenazocine;
(23) Piminodine;
(24) Racemethorphan;
(25) Racemorphan;
(26) Remifentanil;
(27) Sufentanil.
(C) Stimulants
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a stimulant effect on the central
nervous system:
(1) Amphetamine, its salts, its optical isomers, and salts of
its optical isomers;
(2) Methamphetamine, its salts, its isomers, and salts of its
isomers;
(3) Methylphenidate;
(4) Phenmetrazine and its salts.
(D) Depressants
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a depressant effect on the central
nervous system, including their salts, isomers, and salts of
isomers, whenever the existence of these salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(1) Amobarbital;
(2) Gamma-hydroxy-butyrate;
(3) Glutethimide;
(4) Pentobarbital;
(5) Phencyclidine (some trade or other names:
1-(1-phenylcyclohexyl)piperidine; PCP);
(6) Secobarbital;
(7) 1-aminophenylcyclohexane and all N-mono-substituted
and/or all N-N-disubstituted analogs including, but not limited
to, the following:
(a) 1-phenylcyclohexylamine;
(b) (1-phenylcyclohexyl) methylamine;
(c) (1-phenylcyclohexyl) dimethylamine;
(d) (1-phenylcyclohexyl) methylethylamine;
(e) (1-phenylcyclohexyl) isopropylamine;
(f) 1-(1-phenylcyclohexyl) morpholine.
(E) Hallucinogenic substances
(1) Nabilone (another name for nabilone:
(+)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-
hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one).
(F) Immediate precursors
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances:
(1) Immediate precursor to amphetamine and methamphetamine:
(a) Phenylacetone (some trade or other names:
phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl
ketone);
(2) Immediate precursors to phencyclidine (PCP):
(a) 1-phenylcyclohexylamine;
(b) 1-piperidinocyclohexanecarbonitrile (PCC).
SCHEDULE III
(A) Stimulants
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a stimulant effect on the central
nervous system, including their salts, their optical isomers,
position isomers, or geometric isomers, and salts of these
isomers, whenever the existence of these salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(1) All stimulant compounds, mixtures, and preparations
included in schedule III pursuant to the federal drug abuse
control laws and regulations adopted under those laws;
(2) Benzphetamine;
(3) Chlorphentermine;
(4) Clortermine;
(5) Phendimetrazine.
(B) Depressants
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a depressant effect on the central
nervous system:
(1) Any compound, mixture, or preparation containing
amobarbital, secobarbital, pentobarbital, or any salt of any of
these drugs, and one or more other active medicinal ingredients
that are not listed in any schedule;
(2) Any suppository dosage form containing amobarbital,
secobarbital, pentobarbital, or any salt of any of these drugs and
approved by the food and drug administration for marketing only as
a suppository;
(3) Any substance that contains any quantity of a derivative
of barbituric acid or any salt of a derivative of barbituric acid;
(4) Chlorhexadol;
(5) Ketamine, its salts, isomers, and salts of isomers (some
other names for ketamine:
(+/-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone);
(6) Lysergic acid;
(7) Lysergic acid amide;
(8) Methyprylon;
(9) Sulfondiethylmethane;
(10) Sulfonethylmethane;
(11) Sulfonmethane;
(12) Tiletamine, zolazepam, or any salt of tiletamine or
zolazepam (some trade or other names for a tiletamine-zolazepam
combination product: Telazol); (some trade or other names for
tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone); (some
trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-
dihydro-1,3,8-trimethylpyrazolo-[3, 4-e][1,4]-diazepin-7(1H)-one;
flupyrazapon).
(C) Narcotic antidotes
(1) Nalorphine.
(D) Narcotics-narcotic preparations
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any of the following
narcotic drugs, or their salts calculated as the free anhydrous
base or alkaloid, in limited quantities as set forth below:
(1) Not more than 1.8 grams of codeine per 100 milliliters or
not more than 90 milligrams per dosage unit, with an equal or
greater quantity of an isoquinoline alkaloid of opium;
(2) Not more than 1.8 grams of codeine per 100 milliliters or
not more than 90 milligrams per dosage unit, with one or more
active, nonnarcotic ingredients in recognized therapeutic amounts;
(3) Not more than 300 milligrams of dihydrocodeinone per 100
milliliters or not more than 15 milligrams per dosage unit, with a
fourfold or greater quantity of an isoquinoline alkaloid of opium;
(4) Not more than 300 milligrams of dihydrocodeinone per 100
milliliters or not more than 15 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(5) Not more than 1.8 grams of dihydrocodeine per 100
milliliters or not more than 90 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(6) Not more than 300 milligrams of ethylmorphine per 100
milliliters or not more than 15 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(7) Not more than 500 milligrams of opium per 100 milliliters
or per 100 grams or not more than 25 milligrams per dosage unit,
with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(8) Not more than 50 milligrams of morphine per 100
milliliters or per 100 grams, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts.
(E) Anabolic steroids
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances, including their salts, esters, isomers, and
salts of esters and isomers, whenever the existence of these
salts, esters, and isomers is possible within the specific
chemical designation:
(1) Anabolic steroids. Except as otherwise provided in
division (E)(1) of schedule III, "anabolic steroids" means any
drug or hormonal substance that is chemically and
pharmacologically related to testosterone (other than estrogens,
progestins, and corticosteroids) and that promotes muscle growth.
"Anabolic steroids" does not include an anabolic steroid that is
expressly intended for administration through implants to cattle
or other nonhuman species and that has been approved by the United
States secretary of health and human services for that
administration, unless a person prescribes, dispenses, or
distributes this type of anabolic steroid for human use. "Anabolic
steroid" includes, but is not limited to, the following:
(a) Boldenone;
(b) Chlorotestosterone (4-chlortestosterone);
(c) Clostebol;
(d) Dehydrochlormethyltestosterone;
(e) Dihydrotestosterone (4-dihydrotestosterone);
(f) Drostanolone;
(g) Ethylestrenol;
(h) Fluoxymesterone;
(i) Formebulone (formebolone);
(j) Mesterolone;
(k) Methandienone;
(l) Methandranone;
(m) Methandriol;
(n) Methandrostenolone;
(o) Methenolone;
(p) Methyltestosterone;
(q) Mibolerone;
(r) Nandrolone;
(s) Norethandrolone;
(t) Oxandrolone;
(u) Oxymesterone;
(v) Oxymetholone;
(w) Stanolone;
(x) Stanozolol;
(y) Testolactone;
(z) Testosterone;
(aa) Trenbolone;
(bb) Any salt, ester, isomer, or salt of an ester or isomer
of a drug or hormonal substance described or listed in division
(E)(1) of schedule III if the salt, ester, or isomer promotes
muscle growth.
(F) Hallucinogenic substances
(1) Dronabinol (synthetic) in sesame oil and encapsulated in
a soft gelatin capsule in a United States food and drug
administration approved drug product (some other names for
dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-
6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or
(-)-delta-9-(trans)-tetrahydrocannabinol).
SCHEDULE IV
(A) Narcotic drugs
Unless specifically excepted by federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any of the following
narcotic drugs, or their salts calculated as the free anhydrous
base or alkaloid, in limited quantities as set forth below:
(1) Not more than one milligram of difenoxin and not less
than 25 micrograms of atropine sulfate per dosage unit;
(2) Dextropropoxyphene
(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-
propionoxybutane)[final dosage forms].
(B) Depressants
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances, including their salts, isomers, and salts of
isomers, whenever the existence of these salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(1) Alprazolam;
(2) Barbital;
(3) Bromazepam;
(4) Camazepam;
(5) Chloral betaine;
(6) Chloral hydrate;
(7) Chlordiazepoxide;
(8) Clobazam;
(9) Clonazepam;
(10) Clorazepate;
(11) Clotiazepam;
(12) Cloxazolam;
(13) Delorazepam;
(14) Diazepam;
(15) Estazolam;
(16) Ethchlorvynol;
(17) Ethinamate;
(18) Ethyl loflazepate;
(19) Fludiazepam;
(20) Flunitrazepam;
(21) Flurazepam;
(22) Halazepam;
(23) Haloxazolam;
(24) Ketazolam;
(25) Loprazolam;
(26) Lorazepam;
(27) Lormetazepam;
(28) Mebutamate;
(29) Medazepam;
(30) Meprobamate;
(31) Methohexital;
(32) Methylphenobarbital (mephobarbital);
(33) Midazolam;
(34) Nimetazepam;
(35) Nitrazepam;
(36) Nordiazepam;
(37) Oxazepam;
(38) Oxazolam;
(39) Paraldehyde;
(40) Petrichloral;
(41) Phenobarbital;
(42) Pinazepam;
(43) Prazepam;
(44) Quazepam;
(45) Temazepam;
(46) Tetrazepam;
(47) Triazolam;
(48) Zaleplon;
(49) Zolpidem.
(C) Fenfluramine
Any material, compound, mixture, or preparation that contains
any quantity of the following substances, including their salts,
their optical isomers, position isomers, or geometric isomers, and
salts of these isomers, whenever the existence of these salts,
isomers, and salts of isomers is possible within the specific
chemical designation:
(1) Fenfluramine.
(D) Stimulants
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a stimulant effect on the central
nervous system, including their salts, their optical isomers,
position isomers, or geometric isomers, and salts of these
isomers, whenever the existence of these salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(1) Cathine ((+)-norpseudoephedrine);
(2) Diethylpropion;
(3) Fencamfamin;
(4) Fenproporex;
(5) Mazindol;
(6) Mefenorex;
(7) Modafinil;
(8) Pemoline (including organometallic complexes and chelates
thereof);
(9) Phentermine;
(10) Pipradrol;
(11) Sibutramine;
(12) SPA [(-)-1-dimethylamino-1,2-diphenylethane].
(E) Other substances
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances, including their salts:
(1) Pentazocine;
(2) Butorphanol (including its optical isomers).
SCHEDULE V
(A) Narcotic drugs
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any of the following
narcotic drugs, and their salts, as set forth below:
(1) Buprenorphine.
(B) Narcotics-narcotic preparations
Narcotic drugs containing non-narcotic active medicinal
ingredients. Any compound, mixture, or preparation that contains
any of the following narcotic drugs, or their salts calculated as
the free anhydrous base or alkaloid, in limited quantities as set
forth below, and that includes one or more nonnarcotic active
medicinal ingredients in sufficient proportion to confer upon the
compound, mixture, or preparation valuable medicinal qualities
other than those possessed by narcotic drugs alone:
(1) Not more than 200 milligrams of codeine per 100
milliliters or per 100 grams;
(2) Not more than 100 milligrams of dihydrocodeine per 100
milliliters or per 100 grams;
(3) Not more than 100 milligrams of ethylmorphine per 100
milliliters or per 100 grams;
(4) Not more than 2.5 milligrams of diphenoxylate and not
less than 25 micrograms of atropine sulfate per dosage unit;
(5) Not more than 100 milligrams of opium per 100 milliliters
or per 100 grams;
(6) Not more than 0.5 milligram of difenoxin and not less
than 25 micrograms of atropine sulfate per dosage unit.
(C) Stimulants
Unless specifically exempted or excluded under federal drug
abuse control laws or unless listed in another schedule, any
material, compound, mixture, or preparation that contains any
quantity of the following substances having a stimulant effect on
the central nervous system, including their salts, isomers, and
salts of isomers:
(1) Ephedrine, except as provided in division (K) of section
3719.44 of the Revised Code;
(2) Pyrovalerone.
Sec. 4715.033. (A) All subpoenas the state dental board
seeks to issue with respect to an investigation shall, subject to
division (B) of this section, be authorized by the supervisory
investigative panel.
(B) Before the supervisory investigative panel authorizes the
board to issue a subpoena, the panel shall consult with the office
of the attorney general and determine whether there is probable
cause to believe that the complaint filed alleges a violation of
this chapter or any rule adopted under it and that the information
sought pursuant to the subpoena is relevant to the alleged
violation and material to the investigation.
(C)(1) Any subpoena to compel the production of records that
the board issues after authorization by the supervisory
investigative panel shall pertain to records that cover a
reasonable period of time surrounding the alleged violation.
(2)(a) Except as provided in division (C)(2)(b) of this
section, the subpoena shall state that the person being subpoenaed
has a reasonable period of time that is not less than three seven
calendar days to comply with the subpoena.
(b) If the board's secretary determines that the person being
subpoenaed represents a clear and immediate danger to the public
health and safety, the subpoena shall state that the person being
subpoenaed must immediately comply with the subpoena.
(D) On a person's failure to comply with a subpoena issued by
the board and after reasonable notice to that person of the
failure, the board may move for an order compelling the production
of persons or records pursuant to the Rules of Civil Procedure.
Sec. 4715.034. (A) At any time during an investigation, the
supervisory investigative panel may ask to meet with the
individual who is the subject of the investigation. At the
conclusion of the investigation, the panel shall recommend that
the state dental board do one of the following:
(1) Pursue disciplinary action under section 4715.30 of the
Revised Code;
(2) Seek an injunction under section 4715.05 of the Revised
Code;
(3) Enter into a consent agreement if the subject of the
investigation is a licensee;
(4) Refer the individual to the quality intervention program,
if that program is developed and implemented under section
4715.031 of the Revised Code and the subject of the investigation
is a licensee;
(5) Terminate the investigation.
(B) The supervisory investigative panel's recommendation
shall be in writing and specify the reasons for the
recommendation. Except as provided in section 4715.035 of the
Revised Code, the panel shall make its recommendation not later
than one year after the date the panel begins to supervise the
investigation or, if the investigation pertains to an alleged
violation of division (A)(7)(9) of section 4715.30 of the Revised
Code, not later than two years after the panel begins to supervise
the investigation.
Once the panel makes its recommendation, the members of the
panel shall not participate in any deliberations the board has on
the case.
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) Commission of an act that constitutes a felony in this
state, regardless of the jurisdiction in which the act was
committed;
(5) 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;
(4)(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, any felony or of a
misdemeanor committed in the course of practice or of any felony;
(5)(7) Engaging in lewd or immoral conduct in connection with
the provision of dental services;
(6)(8) Selling, prescribing, giving away, or administering
drugs for other than legal and legitimate therapeutic purposes, or
conviction of violating, 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 violation of any law of
this state or the federal
government or state law regulating the
possession, distribution, or use of any drug;
(7)(9) 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)(10) 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)(11) Violation of any provision of this chapter or any
rule adopted thereunder;
(10)(12) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4715.03 of
the Revised Code;
(11)(13) Except as provided in division (H) 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 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 certificate or license holder;
(12)(b) 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)(14) 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;
(15) 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;
(16) Failure to cooperate in an investigation conducted by
the board under division (D) of section 4715.03 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.
(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 If the supervisory investigative panel
determines both of the following, the panel may recommend that the
board suspend an individual's certificate or license without a
prior hearing:
(1) That there is clear and convincing evidence that an
individual has violated division (A) 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 four dentist members of the
board and seven of its members in total, excluding any member on
the supervisory investigative panel, may suspend a certificate or
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 or 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) Sanctions shall not be imposed under division (A)(13) of
this section against any licensee certificate or license holder
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. Such
Documentation of the consent shall be made available to the board
upon request.
(2) For professional services rendered to any other person
licensed who holds a certificate or license issued pursuant to
this chapter to the extent allowed by this chapter and the rules
of the board.
(H)(I) 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.
(J) The board may share any information it receives pursuant
to an investigation under division (D) of section 4715.03 of the
Revised Code, 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 dental 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
dental 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.
Sec. 4715.301. The state dental board shall adopt rules in
accordance with Chapter 119. of the Revised Code establishing
standards for approving and designating physicians and facilities
as treatment providers for dentists or dental hygienists with
substance abuse problems and shall approve and designate treatment
providers in accordance with the rules. The rules shall include
standards for both inpatient and outpatient treatment. The rules
shall provide that to be approved, a treatment provider must be
capable of making an initial examination to determine the type of
treatment required for a dentist or dental hygienist with
substance abuse problems. Subject to the rules, the board shall
review and approve treatment providers on a regular basis and may,
at its discretion, withdraw or deny approval.
An approved treatment provider shall:
(A) Report to the board the name of any dentist or dental
hygienist suffering or showing evidence of suffering inability to
practice under accepted standards as described in division
(A)(8)(10) of section 4715.30 of the Revised Code who fails to
comply within one week with a referral for examination;
(B) Report to the board the name of any impaired dentist or
dental hygienist who fails to enter treatment within forty-eight
hours following the provider's determination that treatment is
needed;
(C) Require every dentist or dental hygienist who enters
treatment to agree to a treatment contract establishing the terms
of treatment and aftercare, including any required supervision or
restrictions of practice during treatment or aftercare;
(D) Require a dentist or dental hygienist to suspend practice
on entering any required inpatient treatment;
(E) Report to the board any failure by an impaired dentist or
dental hygienist to comply with the terms of the treatment
contract during inpatient or outpatient treatment or aftercare;
(F) Report to the board the resumption of practice of any
impaired dentist or dental hygienist before the treatment provider
has made a clear determination that the individual is capable of
practicing according to accepted standards of the profession;
(G) Require a dentist or dental hygienist who resumes
practice after completion of treatment to comply with an aftercare
contract that meets the requirements of rules adopted by the board
for approval of treatment providers;
(H) Report to the board any dentist or dental hygienist who
suffers a relapse at any time during or following aftercare.
Any dentist or dental hygienist who enters into treatment by
an approved treatment provider shall be deemed to have waived any
confidentiality requirements that would otherwise prevent the
treatment provider from making reports required under this
section.
In the absence of fraud or bad faith, no professional
association of dentists or dental hygienists licensed under this
chapter that sponsors a committee or program to provide peer
assistance to dentists or dental hygienists with substance abuse
problems, no representative or agent of such a committee or
program, and no member of the state dental board shall be liable
to any person for damages in a civil action by reason of actions
taken to refer a dentist or dental hygienist to a treatment
provider designated by the board or actions or omissions of the
provider in treating a dentist or dental hygienist.
In the absence of fraud or bad faith, no person who reports
to the board a dentist or dental hygienist with a suspected
substance abuse problem shall be liable to any person for damages
in a civil action as a result of making the report.
Sec. 4715.302. (A) As used in this section, "drug database"
means the database established and maintained by the state board
of pharmacy pursuant to section 4729.75 of the Revised Code.
(B) The state dental board shall adopt rules in accordance
with Chapter 119. of the Revised Code that establish standards and
procedures to be followed by a dentist regarding the review of
patient information available through the drug database under
division (A)(5) of section 4729.80 of the Revised Code.
(C) This section and the rules adopted under it do not apply
if the state board of pharmacy no longer maintains the drug
database.
Sec. 4723.487. (A) As used in this section, "drug database"
means the database established and maintained by the state board
of pharmacy pursuant to section 4729.75 of the Revised Code.
(B) The board of nursing shall adopt rules in accordance with
Chapter 119. of the Revised Code that establish standards and
procedures to be followed by an advanced practice nurse with a
certificate to prescribe issued under section 4723.48 of the
Revised Code regarding the review of patient information available
through the drug database under division (A)(5) of section 4729.80
of the Revised Code.
(C) This section and the rules adopted under it do not apply
if the state board of pharmacy no longer maintains the drug
database.
Sec. 4725.092. (A) As used in this section, "drug database"
means the database established and maintained by the state board
of pharmacy pursuant to section 4729.75 of the Revised Code.
(B) The state board of optometry shall adopt rules in
accordance with Chapter 119. of the Revised Code that establish
standards and procedures to be followed by an optometrist who
holds a therapeutic pharmaceutical agents certificate regarding
the review of patient information available through the drug
database under division (A)(5) of section 4729.80 of the Revised
Code.
(C) This section and the rules adopted under it do not apply
if the state board of pharmacy no longer maintains the drug
database.
Sec. 4729.162. (A) As used in this section, "drug database"
means the database established and maintained by the state board
of pharmacy pursuant to section 4729.75 of the Revised Code.
(B) The state board of pharmacy shall adopt rules in
accordance with Chapter 119. of the Revised Code that establish
standards and procedures to be followed by a pharmacist regarding
the review of patient information available through the drug
database under division (A)(6) of section 4729.80 of the Revised
Code.
(C) This section and the rules adopted under it do not apply
if the board no longer maintains the drug database.
Sec. 4729.291. (A) When a licensed health professional
authorized to prescribe drugs personally furnishes drugs to a
patient pursuant to division (B) of section 4729.29 of the Revised
Code, the prescriber shall ensure that the drugs are labeled and
packaged in accordance with state and federal drug laws and any
rules and regulations adopted pursuant to those laws. Records of
purchase and disposition of all drugs personally furnished to
patients shall be maintained by the prescriber in accordance with
state and federal drug statutes and any rules adopted pursuant to
those statutes.
(B) When personally furnishing to a patient RU-486
(mifepristone), a prescriber is subject to section 2919.123 of the
Revised Code. A prescription for RU-486 (mifepristone) shall be in
writing and in accordance with section 2919.123 of the Revised
Code.
(C)(1) Except as provided in division (C)(2)(D) of this
section, a prescriber may not do either of the following:
(a) In any thirty-day period, personally furnish to all or
for patients, taken as a whole, controlled substances in an amount
that exceeds a total of two thousand five hundred dosage units;
(b) In any seventy-two-hour period, personally furnish to or
for a patient an amount of a controlled substance that exceeds the
amount necessary for the patient's use in a seventy-two-hour
period.
(2) Division (C)(1) of this section does not apply to either
of the following:
(a) A veterinarian;
(b) The amount of any methadone personally furnished to a
patient by a prescriber for the purpose of treating drug
addiction.
(3) The state board of pharmacy may impose a fine of not more
than five thousand dollars on a prescriber who fails to comply
with the limits established under division (C)(1) of this section.
A separate fine may be imposed for each instance of failing to
comply with the limits. In imposing the fine, the board's actions
shall be taken in accordance with Chapter 119. of the Revised
Code.
(D)(1) None of the following shall be counted in determining
whether the amounts specified in division (C)(1) of this section
have been exceeded:
(a) Methadone provided to patients for the purpose of
treating drug addiction, if the prescriber meets the conditions
specified in 21 C.F.R. 1306.07;
(b) Buprenorphine provided to patients for the purpose of
treating drug addiction, if the prescriber is exempt from separate
registration with the United States drug enforcement
administration pursuant to 21 C.F.R. 1301.28;
(c) Controlled substances provided to research subjects by a
facility conducting clinical research in studies approved by a
hospital-based institutional review board or an institutional
review board accredited by the association for the accreditation
of human research protection programs.
(2) Division (C)(1) of this section does not apply to a
prescriber who is a veterinarian.
Sec. 4729.51. (A) No person other than a registered
wholesale distributor of dangerous drugs shall possess for sale,
sell, distribute, or deliver, at wholesale, dangerous drugs,
except as follows:
(1) A pharmacist who is a licensed terminal distributor of
dangerous drugs or who is employed by a licensed terminal
distributor of dangerous drugs may make occasional sales of
dangerous drugs at wholesale;
(2) A licensed terminal distributor of dangerous drugs having
more than one establishment or place may transfer or deliver
dangerous drugs from one establishment or place for which a
license has been issued to the terminal distributor to another
establishment or place for which a license has been issued to the
terminal distributor if the license issued for each establishment
or place is in effect at the time of the transfer or delivery.
(B)(1) No registered wholesale distributor of dangerous drugs
shall possess for sale, or sell, at wholesale, dangerous drugs to
any person other than the following:
(a) Except as provided in division (B)(3)(2)(a) of this
section, a licensed health professional authorized to prescribe
drugs;
(b) An optometrist licensed under Chapter 4725. of the
Revised Code who holds a topical ocular pharmaceutical agents
certificate;
(c) A registered wholesale distributor of dangerous drugs;
(d) A manufacturer of dangerous drugs;
(e) Subject to division (B)(3) of this section, a licensed
terminal distributor of dangerous drugs;
(f) Carriers or warehouses for the purpose of carriage or
storage;
(g) Terminal or wholesale distributors of dangerous drugs who
are not engaged in the sale of dangerous drugs within this state;
(h) An individual who holds a current license, certificate,
or registration issued under Title 47 of the Revised Code and has
been certified to conduct diabetes education by a national
certifying body specified in rules adopted by the state board of
pharmacy under section 4729.68 of the Revised Code, but only with
respect to insulin that will be used for the purpose of diabetes
education and only if diabetes education is within the
individual's scope of practice under statutes and rules regulating
the individual's profession;
(i) An individual who holds a valid certificate issued by a
nationally recognized S.C.U.B.A. diving certifying organization
approved by the state board of pharmacy in rule, but only with
respect to medical oxygen that will be used for the purpose of
emergency care or treatment at the scene of a diving emergency;
(j) Except as provided in division (B)(2)(b) of this section,
a business entity that is a corporation formed under division (B)
of section 1701.03 of the Revised Code, a limited liability
company formed under Chapter 1705. of the Revised Code, or a
professional association formed under Chapter 1785. of the Revised
Code if the entity has a sole shareholder who is a licensed health
professional authorized to prescribe drugs and is authorized to
provide the professional services being offered by the entity;
(k) Except as provided in division (B)(2)(c) of this section,
a business entity that is a corporation formed under division (B)
of section 1701.03 of the Revised Code, a limited liability
company formed under Chapter 1705. of the Revised Code, a
partnership or a limited liability partnership formed under
Chapter 1775. of the Revised Code, or a professional association
formed under Chapter 1785. of the Revised Code, if, to be a
shareholder, member, or partner, an individual is required to be
licensed, certified, or otherwise legally authorized under Title
XLVII of the Revised Code to perform the professional service
provided by the entity and each such individual is a licensed
health professional authorized to prescribe drugs.
(2) No registered wholesaler wholesale distributor of
dangerous drugs shall possess for sale, or sell, at wholesale,
dangerous drugs to any of the following:
(a) A prescriber who is employed by a pain management clinic
that is not licensed as a terminal distributor of dangerous drugs
with a pain management clinic classification issued under section
4729.552 of the Revised Code;
(b) A business entity described in division (B)(1)(j) of this
section that is, or is operating, a pain management clinic without
a license as a terminal distributor of dangerous drugs with a pain
management clinic classification issued under section 4729.552 of
the Revised Code;
(c) A business entity described in division (B)(1)(k) of this
section that is, or is operating, a pain management clinic without
a license as a terminal distributor of dangerous drugs with a pain
management clinic classification issued under section 4729.552 of
the Revised Code.
(3) No registered wholesale distributor of dangerous drugs
shall possess dangerous drugs for sale at wholesale, or sell such
drugs at wholesale, to a licensed terminal distributor of
dangerous drugs, except as follows:
(a) In the case of a terminal distributor with a category I
license, only dangerous drugs described in category I, as defined
in division (A)(1) of section 4729.54 of the Revised Code;
(b) In the case of a terminal distributor with a category II
license, only dangerous drugs described in category I and category
II, as defined in divisions (A)(1) and (2) of section 4729.54 of
the Revised Code;
(c) In the case of a terminal distributor with a category III
license, dangerous drugs described in category I, category II, and
category III, as defined in divisions (A)(1), (2), and (3) of
section 4729.54 of the Revised Code;
(d) In the case of a terminal distributor with a limited
category I, II, or III license, only the dangerous drugs specified
in the certificate furnished by the terminal distributor in
accordance with section 4729.60 of the Revised Code.
(C)(1) Except as provided in division (C)(4) of this section,
no person shall sell, at retail, dangerous drugs.
(2) Except as provided in division (C)(4) of this section, no
person shall possess for sale, at retail, dangerous drugs.
(3) Except as provided in division (C)(4) of this section, no
person shall possess dangerous drugs.
(4) Divisions (C)(1), (2), and (3) of this section do not
apply to a registered wholesale distributor of dangerous drugs, a
licensed terminal distributor of dangerous drugs, or a person who
possesses, or possesses for sale or sells, at retail, a dangerous
drug in accordance with Chapters 3719., 4715., 4723., 4725.,
4729., 4730., 4731., and 4741. of the Revised Code.
Divisions (C)(1), (2), and (3) of this section do not apply
to an individual who holds a current license, certificate, or
registration issued under Title XLVII of the Revised Code and has
been certified to conduct diabetes education by a national
certifying body specified in rules adopted by the state board of
pharmacy under section 4729.68 of the Revised Code, but only to
the extent that the individual possesses insulin or personally
supplies insulin solely for the purpose of diabetes education and
only if diabetes education is within the individual's scope of
practice under statutes and rules regulating the individual's
profession.
Divisions (C)(1), (2), and (3) of this section do not apply
to an individual who holds a valid certificate issued by a
nationally recognized S.C.U.B.A. diving certifying organization
approved by the state board of pharmacy in rule, but only to the
extent that the individual possesses medical oxygen or personally
supplies medical oxygen for the purpose of emergency care or
treatment at the scene of a diving emergency.
(D) No licensed terminal distributor of dangerous drugs shall
purchase for the purpose of resale dangerous drugs from any person
other than a registered wholesale distributor of dangerous drugs,
except as follows:
(1) A licensed terminal distributor of dangerous drugs may
make occasional purchases of dangerous drugs for resale from a
pharmacist who is a licensed terminal distributor of dangerous
drugs or who is employed by a licensed terminal distributor of
dangerous drugs;
(2) A licensed terminal distributor of dangerous drugs having
more than one establishment or place may transfer or receive
dangerous drugs from one establishment or place for which a
license has been issued to the terminal distributor to another
establishment or place for which a license has been issued to the
terminal distributor if the license issued for each establishment
or place is in effect at the time of the transfer or receipt.
(E) No licensed terminal distributor of dangerous drugs shall
engage in the sale or other distribution of dangerous drugs at
retail or maintain possession, custody, or control of dangerous
drugs for any purpose other than the distributor's personal use or
consumption, at any establishment or place other than that or
those described in the license issued by the state board of
pharmacy to such terminal distributor.
(F) Nothing in this section shall be construed to interfere
with the performance of official duties by any law enforcement
official authorized by municipal, county, state, or federal law to
collect samples of any drug, regardless of its nature or in whose
possession it may be.
Sec. 4729.552. (A) To be eligible to receive a license as a
category III terminal distributor of dangerous drugs with a pain
management clinic classification, an applicant shall submit
evidence satisfactory to the state board of pharmacy that the
applicant's pain management clinic will be operated in accordance
with the requirements specified in division (B) of this section
and that the applicant meets any other applicable requirements
under of this chapter or Chapter 3719. of the Revised Code.
If the board determines that an applicant meets all of the
requirements, the board shall issue to the applicant a license as
a category III terminal distributor of dangerous drugs and specify
on the license that the terminal distributor is classified as a
pain management clinic.
(B) The holder of a terminal distributor license with a pain
management clinic classification shall do all of the following:
(1) Be in control of a facility that is owned and operated
solely by one or more physicians authorized under Chapter 4731. of
the Revised Code to practice medicine and surgery or osteopathic
medicine and surgery;
(2) Comply with the requirements for the operation of a pain
management clinic, as established by the state medical board in
rules adopted under section 4731.054 of the Revised Code;
(3) Ensure that any person employed by the facility complies
with the requirements for the operation of a pain management
clinic established by the state medical board in rules adopted
under section 4731.054 of the Revised Code;
(3)(4) Require any person with ownership of the facility to
submit to a criminal records check in accordance with section
4776.02 of the Revised Code and send the results of the criminal
records check directly to the state board of pharmacy for review
and decision under section 4729.071 of the Revised Code;
(4)(5) Require all employees of the facility to submit to a
criminal records check in accordance with section 4776.02 of the
Revised Code and ensure that no person is employed who has
previously been convicted of, or pleaded guilty to, either of the
following:
(a) A theft offense, described in division (K)(3) of section
2913.01 of the Revised Code, that would constitute a felony under
the laws of this state, any other state, or the United States;
(b) A felony drug abuse offense, as defined in section
2925.01 of the Revised Code.
(5)(6) Maintain a list of each person with ownership of the
facility and notify the state board of pharmacy of any change to
that list.
(C) No person shall operate a facility that under this
chapter is subject to licensure as a category III terminal
distributor of dangerous drugs with a pain management clinic
classification without obtaining and maintaining the license with
the classification.
No person who holds a category III license with a pain
management clinic classification shall fail to remain in
compliance with the requirements of division (A)(B) of this
section and any other applicable requirements under of this
chapter or Chapter 3719. of the Revised Code.
(D) The state board of pharmacy may impose a fine of not more
than five thousand dollars on a terminal distributor of dangerous
drugs license holder who violates division (C) of this section. A
separate fine may be imposed for each day the violation continues.
In imposing the fine, the board's actions shall be taken in
accordance with Chapter 119. of the Revised Code.
(E) The state board of pharmacy shall adopt rules as it
considers necessary to implement and administer this section. The
rules shall be adopted in accordance with Chapter 119. of the
Revised Code.
Sec. 4729.57. (A) The state board of pharmacy may suspend,
revoke, or refuse to grant or renew any license issued to as a
terminal distributor of dangerous drugs pursuant to section
4729.54 of the Revised Code, 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 one thousand dollars if the
acts committed have not been classified as an offense by the
Revised Code, for any of the following causes:
(1) Making any false material statements in an application
for a license as a terminal distributor of dangerous drugs;
(2) Violating any rule of the board;
(3) Violating any provision of this chapter;
(4) Violating any provision of the "Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, or Chapter
3715. of the Revised Code;
(5) Violating any provision of the federal drug abuse control
laws or Chapter 2925. or 3719. of the Revised Code;
(6) Falsely or fraudulently promoting to the public a
dangerous drug, except that nothing in this division prohibits a
terminal distributor of dangerous drugs from furnishing
information concerning a dangerous drug to a health care provider
or another licensed terminal distributor;
(7) Ceasing to satisfy the qualifications of a terminal
distributor of dangerous drugs set forth in section 4729.55 of the
Revised Code;
(8) Except as provided in division (B) of this section:
(a) Waiving the payment of all or any part of a deductible or
copayment that an individual, pursuant to a health insurance or
health care policy, contract, or plan that covers the services
provided by a terminal distributor of dangerous drugs, would
otherwise be required to pay for the services if the waiver is
used as an enticement to a patient or group of patients to receive
pharmacy services from that terminal distributor;
(b) Advertising that the terminal distributor will waive the
payment of all or any part of a deductible or copayment that an
individual, pursuant to a health insurance or health care policy,
contract, or plan that covers the pharmaceutical services, would
otherwise be required to pay for the services.
(B) Sanctions shall not be imposed under division (A)(8) of
this section against any terminal distributor of dangerous drugs
that waives deductibles and copayments as follows:
(1) In compliance with a 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 on 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.
(C)(1) Upon the suspension or revocation of a license issued
to a terminal distributor of dangerous drugs or the refusal by the
board to renew such a license, the distributor shall immediately
surrender the license to the board.
(2) The board may place under seal all dangerous drugs that
are owned by or in the possession, custody, or control of a
terminal distributor at the time the license is suspended or
revoked or at the time the board refuses to renew the license.
Except as otherwise provided in this division, dangerous drugs so
sealed shall not be disposed of until appeal rights under Chapter
119. of the Revised Code have expired or an appeal filed pursuant
to that chapter has been determined.
The court involved in an appeal filed pursuant to Chapter
119. of the Revised Code may order the board, during the pendency
of the appeal, to sell sealed dangerous drugs that are perishable.
The proceeds of such a sale shall be deposited with that court.
Sec. 4729.79. (A) If the state board of pharmacy establishes
and maintains a drug database pursuant to section 4729.75 of the
Revised Code, each licensed health professional authorized to
prescribe drugs, other than a veterinarian except as provided in
division (C) of this section, who personally furnishes to a
patient a controlled substance or other dangerous drug the board
includes in the database pursuant to rules adopted under section
4729.84 of the Revised Code to a patient in this state shall
submit to the board the following information:
(1) Prescriber identification;
(2) Patient identification;
(3) Date drug was furnished by the prescriber;
(4) Indication of whether the drug furnished is new or a
refill;
(5) Name, strength, and national drug code of drug furnished;
(6) Quantity of drug furnished;
(7) Number of days' supply of drug furnished;
(8) Source of payment for the drug furnished;
(9) Identification of the owner of the drug furnished.
(B)(1) The information shall be transmitted as specified by
the board in rules adopted under section 4729.84 of the Revised
Code.
(2) The information shall be submitted electronically in the
format specified by the board, except that the board may grant a
waiver allowing the prescriber to submit the information in
another format.
(3) The information shall be submitted in accordance with any
time limits specified by the board, except that the board may
grant an extension if either of the following occurs:
(a) The prescriber's transmission system suffers a mechanical
or electronic failure, or the prescriber cannot meet the deadline
for other reasons beyond the prescriber's control.
(b) The board is unable to receive electronic submissions.
(C)(1) The information required to be submitted under
division (A) of this section may be submitted on behalf of the
prescriber by the owner of the drug being personally furnished or
by a delegate approved by that owner.
(2) The requirements of this section to submit information to
the board do not apply to a prescriber who is a veterinarian.
(D) If the board becomes aware of a prescriber's failure to
comply with this section, the board shall notify the government
entity responsible for licensing the prescriber.
Sec. 4729.80. (A) If the state board of pharmacy establishes
and maintains a drug database pursuant to section 4729.75 of the
Revised Code, the board is authorized or required to provide
information from the database in accordance with the following:
(1) On receipt of a request from a designated representative
of a government entity responsible for the licensure, regulation,
or discipline of health care professionals with authority to
prescribe, administer, or dispense drugs, the board may provide to
the representative information from the database relating to the
professional who is the subject of an active investigation being
conducted by the government entity.
(2) On receipt of a request from a federal officer, or a
state or local officer of this or any other state, whose duties
include enforcing laws relating to drugs, the board shall provide
to the officer information from the database relating to the
person who is the subject of an active investigation of a drug
abuse offense, as defined in section 2925.01 of the Revised Code,
being conducted by the officer's employing government entity.
(3) Pursuant to a subpoena issued by a grand jury, the board
shall provide to the grand jury information from the database
relating to the person who is the subject of an investigation
being conducted by the grand jury.
(4) Pursuant to a subpoena, search warrant, or court order in
connection with the investigation or prosecution of a possible or
alleged criminal offense, the board shall provide information from
the database as necessary to comply with the subpoena, search
warrant, or court order.
(5) On receipt of a request from a prescriber or the
prescriber's agent registered with delegate approved by the board,
the board may provide to the prescriber information from the
database relating to a current patient of the prescriber who is
either of the following, if the prescriber certifies in a form
specified by the board that it is for the purpose of providing
medical treatment to the patient who is the subject of the
request;
(a) A current patient of the prescriber;
(b) A potential patient of the prescriber based on a referral
of the patient to the prescriber.
(6) On receipt of a request from a pharmacist or the
pharmacist's delegate approved by the board, the board may provide
to the pharmacist information from the database relating to a
current patient of the pharmacist, if the pharmacist certifies in
a form specified by the board that it is for the purpose of the
pharmacist's practice of pharmacy involving the patient who is the
subject of the request.
(7) On receipt of a request from an individual seeking the
individual's own database information in accordance with the
procedure established in rules adopted under section 4729.84 of
the Revised Code, the board may provide to the individual the
individual's own database information.
(8) On receipt of a request from the medical director of a
managed care organization that has entered into a data security
agreement with the board required by section 5111.1710 of the
Revised Code, the board may provide to the medical director
information from the database relating to a medicaid recipient
enrolled in the managed care organization.
(9) On receipt of a request from the director of job and
family services, the board may provide to the director information
from the database relating to a recipient of a program
administered by the department of job and family services.
(10) On receipt of a request from the administrator of
workers' compensation, the board may provide to the administrator
information from the database relating to a claimant under Chapter
4121., 4123., 4127., or 4131. of the Revised Code.
(11) On receipt of a request from a requestor described in
division (A)(1), (2), (5), or (6) of this section who is from or
participating with another state's prescription monitoring
program, the board may provide to the requestor information from
the database, but only if there is a written agreement under which
the information is to be used and disseminated according to the
laws of this state.
(B) The state board of pharmacy shall maintain a record of
each individual or entity that requests information from the
database pursuant to this section. In accordance with rules
adopted under section 4729.84 of the Revised Code, the board may
use the records to document and report statistics and law
enforcement outcomes.
The board may provide records of an individual's requests for
database information to the following:
(1) A designated representative of a government entity that
is responsible for the licensure, regulation, or discipline of
health care professionals with authority to prescribe, administer,
or dispense drugs who is involved in an active investigation being
conducted by the government entity of the individual who submitted
the requests for database information;
(2) A federal officer, or a state or local officer of this or
any other state, whose duties include enforcing laws relating to
drugs and who is involved in an active investigation being
conducted by the officer's employing government entity of the
individual who submitted the requests for database information.
(C) Information contained in the database and any information
obtained from it is not a public record. Information contained in
the records of requests for information from the database is not a
public record. Information that does not identify a person may be
released in summary, statistical, or aggregate form.
(D) A pharmacist or prescriber shall not be held liable in
damages to any person in any civil action for injury, death, or
loss to person or property on the basis that the pharmacist or
prescriber did or did not seek or obtain information from the
database.
Sec. 4729.86. If the state board of pharmacy establishes and
maintains a drug database pursuant to section 4729.75 of the
Revised Code, all of the following apply:
(A)(1) No person identified in divisions (A)(1) to (10) or
(B) of section 4729.80 of the Revised Code shall disseminate any
written or electronic document information the person receives
from the drug database or otherwise provide another person access
to the information that the person receives from the database,
except as follows:
(a) When necessary in the investigation or prosecution of a
possible or alleged criminal offense;
(b) When a person provides the information to the prescriber
or pharmacist for whom the person is approved by the board to
serve as a delegate of the prescriber or pharmacist for purposes
of requesting and receiving information from the drug database
under division (A)(5) or (6) of section 4729.80 of the Revised
Code;
(c) When a prescriber or pharmacist provides the information
to a person who is approved by the board to serve as such a
delegate of the prescriber or pharmacist.
(2) No person shall provide false information to the state
board of pharmacy with the intent to obtain or alter information
contained in the drug database.
(3) No person shall obtain drug database information by any
means except as provided under section 4729.80 or 4729.81 of the
Revised Code.
(B) A person shall not use a document information obtained
pursuant to division (A) of section 4729.80 of the Revised Code as
evidence in any civil or administrative proceeding.
(C)(1) The board may restrict a person from obtaining further
information from the drug database if any of the following is the
case:
(a) The person is convicted of or pleads guilty to a
violation of violates division (A)(1), (2), or (3) of this
section;
(b) The person is a requestor identified in division (A)(11)
of section 4729.80 of the Revised Code and the board determines
that the person's actions in another state would have constituted
a violation of division (A)(1), (2), or (3) of this section;
(c) The person fails to comply with division (B) of this
section, regardless of the jurisdiction in which the failure to
comply occurred.
(2) The board shall determine the extent to which the person
is restricted from obtaining further information from the
database.
Sec. 4730.53. (A) As used in this section, "drug database"
means the database established and maintained by the state board
of pharmacy pursuant to section 4729.75 of the Revised Code.
(B) The medical board shall adopt rules in accordance with
Chapter 119. of the Revised Code that establish standards and
procedures to be followed by a physician assistant who holds a
certificate to prescribe issued under this chapter regarding the
review of patient information available through the drug database
under division (A)(5) of section 4729.80 of the Revised Code.
(C) This section and the rules adopted under it do not apply
if the state board of pharmacy no longer maintains the drug
database.
Sec. 4731.054. (A) As used in this section:
(1) "Chronic pain" has the same meaning as in section
4731.052 of the Revised Code.
(2) "Controlled substance" has the same meaning as in section
3719.01 of the Revised Code.
(3) "Hospital" means a hospital registered with the
department of health under section 3701.07 of the Revised Code.
(4) "Owner" means each person included on the list maintained
under division (B)(5)(6) of section 4729.552 of the Revised Code.
(5)(a) "Pain management clinic" means a facility to which all
both of the following apply:
(i) The primary component of practice is treatment of pain or
chronic pain;
(ii) The majority of patients of the prescribers at the
facility are provided treatment for pain or chronic pain that
includes through the use of controlled substances, tramadol,
carisoprodol, or other drugs specified in rules adopted under this
section;
(iii)(ii) The facility meets any other identifying criteria
established in rules adopted under this section.
(b) "Pain management clinic" does not include any of the
following:
(i) A hospital;
(ii) A facility operated by a hospital for the treatment of
pain or chronic pain;
(iii) A physician practice owned or controlled, in whole or
in part, by a hospital or by an entity that owns or controls, in
whole or in part, one or more hospitals;
(iv) A school, college, university, or other educational
institution or program to the extent that it provides instruction
to individuals preparing to practice as physicians, podiatrists,
dentists, nurses, physician assistants, optometrists, or
veterinarians or any affiliated facility to the extent that it
participates in the provision of that instruction;
(v) A hospice program licensed under Chapter 3712. of the
Revised Code;
(vi) An ambulatory surgical facility licensed under section
3702.30 of the Revised Code;
(vii) An interdisciplinary pain rehabilitation program with
three-year accreditation from the commission on accreditation of
rehabilitation facilities;
(viii) A nursing home licensed under section 3721.02 of the
Revised Code or by a political subdivision certified under section
3721.09 of the Revised Code;
(ix) A facility conducting only clinical research that may
use controlled substances in studies approved by a hospital-based
institutional review board or an institutional review board
accredited by the association for the accreditation of human
research protection programs.
(6) "Physician" means an individual authorized under this
chapter to practice medicine and surgery or osteopathic medicine
and surgery.
(7) "Prescriber" has the same meaning as in section 4729.01
of the Revised Code.
(B) Each owner shall supervise, control, and direct the
activities of each individual, including an employee, volunteer,
or individual under contract, who provides treatment of pain or
chronic pain at the clinic or is associated with the provision of
that treatment. The supervision, control, and direction shall be
provided in accordance with rules adopted under this section.
(C) The state medical board shall adopt rules in accordance
with Chapter 119. of the Revised Code that establish all of the
following:
(1) Standards and procedures for the operation of a pain
management clinic;
(2) Standards and procedures to be followed by a physician
who provides care at a pain management clinic;
(3) For purposes of division (A)(5)(a)(ii)(i) of this
section, the other drugs used to treat pain or chronic pain that
identify a facility as a pain management clinic;
(4) For purposes of division (A)(5)(a)(iii)(ii) of this
section, the other criteria that identify a facility as a pain
management clinic;
(5) For purposes of division (B) of this section, standards
and procedures to be followed by an owner in providing
supervision, direction, and control of individuals at a pain
management clinic.
(D) The board may impose a fine of not more than twenty
thousand dollars on a physician who fails to comply with rules
adopted under this section. The fine may be in addition to or in
lieu of any other action that may be taken under section 4731.22
of the Revised Code. The board shall deposit any amounts received
under this division in accordance with section 4731.24 of the
Revised Code.
(E)(1) The board may inspect either of the following as the
board determines necessary to ensure compliance with this chapter
and any rules adopted under it regarding pain management clinics:
(a) A pain management clinic;
(b) A facility or physician practice that the board suspects
is operating as a pain management clinic in violation of this
chapter.
(2) The board's inspection shall be conducted in accordance
with division (F) of section 4731.22 of the Revised Code.
(3) Before conducting an on-site inspection, the board shall
provide notice to the owner or other person in charge of the
facility or physician practice, except that the board is not
required to provide the notice if, in the judgment of the board,
the notice would jeopardize an investigation being conducted by
the board.
Sec. 4731.055. (A) As used in this section:
(1) "Drug database" means the database established and
maintained by the state board of pharmacy pursuant to section
4729.75 of the Revised Code.
(2) "Physician" means an individual authorized under this
chapter to practice medicine and surgery, osteopathic medicine and
surgery, or podiatric medicine and surgery.
(B) The state medical board shall adopt rules in accordance
with Chapter 119. of the Revised Code that establish standards and
procedures to be followed by a physician regarding the review of
patient information available through the drug database under
division (A)(5) of section 4729.80 of the Revised Code.
(C) This section and the rules adopted under it do not apply
if the state board of pharmacy no longer maintains the drug
database.
Sec. 4731.22. (A) The state medical board, by an affirmative
vote of not fewer than six of its members, may limit, revoke, or
may suspend an individual's certificate to practice, refuse to
grant a certificate to a person an individual, refuse to register
an individual, refuse to reinstate a certificate, or reprimand or
place on probation the holder of a certificate if the individual
or certificate holder is 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 public health council 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 in an
investigative interview, an investigative office conference, 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;
(41)(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) Practicing at a facility that is subject to licensure as
a category III terminal distributor of dangerous drugs with a pain
management clinic classification unless the person operating the
facility has obtained and maintains the license with the
classification;
(46) Owning a facility that is subject to licensure as a
category III terminal distributor of dangerous drugs with a pain
management clinic classification unless the facility is licensed
with the classification.
(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, or in conducting an
inspection under division (E) of section 4731.054 of the Revised
Code, the board may question witnesses, conduct interviews,
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
(a) 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.
(b) 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.
(c) 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, usual place of business, or address on file
with the board. When the person being served is a person whose
practice is authorized by serving a subpoena to an applicant for
or the holder of a certificate issued under 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.
If the person being served refuses to
accept the subpoena or is not located, service may be made to an
attorney who notifies the board that the attorney is representing
the person.
(d) 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, and inspections of the
board shall be considered civil actions for the purposes of
section 2305.252 of the Revised Code.
(5) Information A report required to be submitted to the
board under this chapter, a complaint, or information received by
the board pursuant to an investigation is or pursuant to an
inspection under division (E) of section 4731.054 of the Revised
Code is confidential and not subject to discovery in any civil
action.
The board shall conduct all investigations or inspections 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 or inspection, 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.
(4) At the request of the board, a certificate holder shall
immediately surrender to the board a certificate that the board
has suspended, revoked, or permanently revoked.
(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. 4731.39. The secretary of the state medical board shall
enforce
the laws relating to the practice of medicine and surgery
this chapter and the rules adopted under it. If he the secretary
has knowledge or notice of a violation, he the secretary shall
investigate the matter, and, upon probable cause appearing, file a
complaint and prosecute the offender. When requested by the
secretary, the prosecuting attorney of the proper county shall
take charge of and conduct such prosecution.
SECTION 2. That existing sections 3719.41, 4715.033,
4715.034, 4715.30, 4715.301, 4715.302, 4723.487, 4725.092,
4729.162, 4729.291, 4729.51, 4729.552, 4729.57, 4729.79, 4729.80,
4729.86, 4730.53, 4731.054, 4731.055, 4731.22, and 4731.39 of the
Revised Code are hereby repealed.
SECTION 3. Section 4729.51 of the Revised Code is presented
in this act as a composite of the section as amended by both Am.
H.B. 9 and Am. Sub. H.B. 93 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.
SECTION 4. Section 4731.22 of the Revised Code is presented
in this act as a composite of the section as amended by both H.B.
78 and Am. Sub. H.B. 93 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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