The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Am. H. B. No. 531 As Passed by the HouseAs Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
| |
Cosponsors:
Representatives DeVitis, Wachtmann, Amstutz, Anielski, Blessing, Brown, Duffey, Fedor, Green, Letson, Mallory, McClain, McGregor, Milkovich, Smith, Terhar Speaker Batchelder
A BILL
To amend sections 4730.14, 4731.22, 4731.222,
4731.225, 4731.24, 4731.281, and 4778.06 and to
enact sections 4730.252, 4760.133, 4762.133,
4774.133, and 4778.141 of the Revised Code to
authorize the State Medical Board to fine certain
professionals it regulates for failing to comply
with continuing education requirements without
suspending the individual's license or certificate
to practice, to authorize the Board to fine the
professionals it regulates for violating law
administered by the Board, and to impose
additional terms and conditions for physician
certificate restoration.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4730.14, 4731.22, 4731.222,
4731.225, 4731.24, 4731.281, and 4778.06 be amended and sections
4730.252, 4760.133, 4762.133, 4774.133, and 4778.141 of the
Revised Code be enacted to read as follows:
Sec. 4730.14. (A) A certificate to practice as a physician
assistant shall expire biennially and may be renewed in accordance
with this section. A person seeking to renew a certificate to
practice as a physician assistant shall, on or before the
thirty-first day of January of each even-numbered year, apply for
renewal of the certificate. The state medical board shall send
renewal notices at least one month prior to the expiration date.
Applications shall be submitted to the board on forms the
board shall prescribe and furnish. Each application shall be
accompanied by a biennial renewal fee of one hundred dollars. The
board shall deposit the fees in accordance with section 4731.24 of
the Revised Code.
The applicant shall report any criminal offense that
constitutes grounds for refusing to issue a certificate to
practice under section 4730.25 of the Revised Code to which the
applicant has pleaded guilty, of which the applicant has been
found guilty, or for which the applicant has been found eligible
for intervention in lieu of conviction, since last signing an
application for a certificate to practice as a physician
assistant.
(B) To be eligible for renewal, a physician assistant shall
certify to the board both of the following:
(1) That the physician assistant has maintained certification
by the national commission on certification of physician
assistants or a successor organization that is recognized by the
board by meeting the standards to hold current certification from
the commission or its successor, including completion of
continuing medical education requirements and passing periodic
recertification examinations;
(2) Except as provided in division (F) of this section and
section 5903.12 of the Revised Code, that the physician assistant
has completed during the current certification period not less
than one hundred hours of continuing medical education acceptable
to the board.
(C) The board shall adopt rules in accordance with Chapter
119. of the Revised Code specifying the types of continuing
medical education that must be completed to fulfill the board's
requirements under division (B)(2) of this section. Except when
additional continuing medical education is required to renew a
certificate to prescribe, as specified in section 4730.49 of the
Revised Code, the board shall not adopt rules that require a
physician assistant to complete in any certification period more
than one hundred hours of continuing medical education acceptable
to the board. In fulfilling the board's requirements, a physician
assistant may use continuing medical education courses or programs
completed to maintain certification by the national commission on
certification of physician assistants or a successor organization
that is recognized by the board if the standards for acceptable
courses and programs of the commission or its successor are at
least equivalent to the standards established by the board.
(D) If an applicant submits a complete renewal application
and qualifies for renewal pursuant to division (B) of this
section, the board shall issue to the applicant a renewed
certificate to practice as a physician assistant.
(E) The board may require a random sample of physician
assistants to submit materials documenting certification by the
national commission on certification of physician assistants or a
successor organization that is recognized by the board and
completion of the required number of hours of continuing medical
education.
(F) The board shall provide for pro rata reductions by month
of the number of hours of continuing education that must be
completed for individuals who are in their first certification
period, who have been disabled due to illness or accident, or who
have been absent from the country. The board shall adopt rules, in
accordance with Chapter 119. of the Revised Code, as necessary to
implement this division.
(G)(1) A certificate to practice that is not renewed on or
before its expiration date is automatically suspended on its
expiration date. Continued practice after suspension of the
certificate shall be considered as practicing in violation of
division (A) of section 4730.02 of the Revised Code.
(2) If a certificate has been suspended pursuant to division
(G)(1) of this section for two years or less, it may be
reinstated. The board shall reinstate a certificate suspended for
failure to renew upon an applicant's submission of a renewal
application, the biennial renewal fee, and any applicable monetary
penalty.
If a certificate has been suspended pursuant to division
(G)(1) of this division for more than two years, it may be
restored. In accordance with section 4730.28 of the Revised Code,
the board may restore a certificate suspended for failure to renew
upon an applicant's submission of a restoration application, the
biennial renewal fee, and any applicable monetary penalty and
compliance with sections 4776.01 to 4776.04 of the Revised Code.
The board shall not restore to an applicant a certificate to
practice as a physician assistant unless the board, in its
discretion, decides that the results of the criminal records check
do not make the applicant ineligible for a certificate issued
pursuant to section 4730.12 of the Revised Code.
The penalty for reinstatement shall be fifty dollars and the
penalty for restoration shall be one hundred dollars. The board
shall deposit penalties in accordance with section 4731.24 of the
Revised Code.
(H) If an individual certifies that the individual has
completed the number of hours and type of continuing medical
education required for renewal or reinstatement of a certificate
to practice as a physician assistant, and the board finds through
a random sample conducted under division (E) of this section or
through any other means that the individual did not complete the
requisite continuing medical education, the
The board may impose a
civil penalty of not more than five thousand dollars if, through a
random sample it conducts under this section or through other
means, it finds that an individual certified that the individual
completed the number of hours and type of continuing medical
education required for renewal of a certificate to practice as a
physician assistant when the individual did not fulfill the
requirement. The board's finding shall be made pursuant to an
adjudication under Chapter 119. of the Revised Code and by an
affirmative vote of not fewer than six members.
A civil penalty imposed under this division may be in
addition to or in lieu of any other action the board may take
under section 4730.25 of the Revised Code. The board shall deposit
civil penalties in accordance with section 4731.24 shall not
conduct an adjudication under Chapter 119. of the Revised Code if
the board imposes only a civil penalty.
Pursuant to section 4730.25 of the Revised Code, the board
may suspend an individual's certificate to practice as a physician
assistant for failure to renew the certificate and comply with
this section. If an individual continues to practice after
suspension, that activity constitutes practicing in violation of
section 4730.02 of the Revised Code. If the certificate has been
suspended for two years or less, it may be reinstated. The board
shall reinstate a certificate to practice as a physician assistant
for failure to renew on an applicant's submission of a renewal
application, the biennial renewal fee, and the applicable monetary
penalty. If the certificate has been suspended for more than two
years, it may be restored. Subject to section 4730.28 of the
Revised Code, the board may restore a certificate to practice as a
physician assistant suspended for failure to renew on an
applicant's submission of a restoration application, the biennial
renewal fee, and the applicable monetary penalty and compliance
with sections 4776.01 to 4776.04 of the Revised Code. The board
shall not restore an applicant's certificate to practice as a
physician assistant unless the board decides that the results of
the criminal records check do not make the applicant ineligible
for a certificate issued pursuant to section 4730.12 of the
Revised Code.
The monetary penalty for reinstatement is fifty dollars. The
monetary penalty for restoration is one hundred dollars.
Amounts received from payment of civil penalties and monetary
penalties imposed under this division shall be deposited in
accordance with section 4731.24 of the Revised Code.
Sec. 4730.252. If a physician assistant violates any section
of this chapter other than section 4730.14 of the Revised Code or
violates any rule adopted under this chapter, the state medical
board may, pursuant to an adjudication under Chapter 119. of the
Revised Code and an affirmative vote of not fewer than six of its
members, impose a civil penalty in an amount specified by the
board, which may be up to, but not more than twenty thousand
dollars. The civil penalty may be in addition to any other action
the board may take under section 4730.25 of the Revised Code.
The board shall adopt and may amend guidelines regarding the
amounts of civil penalties to be imposed under this section.
Adoption or any amendment of the guidelines requires the approval
of not fewer than six board members.
Amounts received from payment of civil penalties imposed
under this section shall be deposited by the board in accordance
with section 4731.24 of the Revised Code. Amounts received from
payment of civil penalties imposed for violations of division
(B)(5) of section 4730.25 of the Revised Code shall be used by the
board solely for investigation, enforcement, and compliance
monitoring.
Sec. 4731.22. (A) The state medical board, by an affirmative
vote of not fewer than six of its members, may limit, revoke, or
suspend an individual's certificate to practice, refuse to grant a
certificate to 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 division (D) of section 4731.281 of the Revised Code
without any other action the board may take under this section,
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 oriental medicine practitioner
or acupuncturist in accordance with Chapter 4762. of the Revised
Code and the board's rules for providing that supervision;
(36) Failure to supervise an anesthesiologist assistant in
accordance with Chapter 4760. of the Revised Code and the board's
rules for supervision of an anesthesiologist assistant;
(37) Assisting suicide as defined in section 3795.01 of the
Revised Code;
(38) Failure to comply with the requirements of section
2317.561 of the Revised Code;
(39) Failure to supervise a radiologist assistant in
accordance with Chapter 4774. of the Revised Code and the board's
rules for supervision of radiologist assistants;
(40) Performing or inducing an abortion at an office or
facility with knowledge that the office or facility fails to post
the notice required under section 3701.791 of the Revised Code;
(41) Failure to comply with the standards and procedures
established in rules under section 4731.054 of the Revised Code
for the operation of or the provision of care at a pain management
clinic;
(42) Failure to comply with the standards and procedures
established in rules under section 4731.054 of the Revised Code
for providing supervision, direction, and control of individuals
at a pain management clinic;
(43) Failure to comply with the requirements of section
4729.79 of the Revised Code, unless the state board of pharmacy no
longer maintains a drug database pursuant to section 4729.75 of
the Revised Code;
(44) Failure to comply with the requirements of section
2919.171 of the Revised Code or failure to submit to the
department of health in accordance with a court order a complete
report as described in section 2919.171 of the Revised Code;
(45) 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;
(47) Failure to comply with the requirement regarding
maintaining notes described in division (B) of section 2919.191 of
the Revised Code or failure to satisfy the requirements of section
2919.191 of the Revised Code prior to performing or inducing an
abortion upon a pregnant woman.
(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.
(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 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, 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, investigations, and inspections of the
board shall be considered civil actions for the purposes of
section 2305.252 of the Revised Code.
(5) A report required to be submitted to the board under this
chapter, a complaint, or information received by the board
pursuant to an investigation 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. 4731.222. (A) This section applies to both of the
following:
(1) An applicant seeking restoration of a certificate issued
under this chapter that has been in a suspended or inactive state
for any cause for more than two years;
(2) An applicant seeking issuance of a certificate pursuant
to section 4731.17, 4731.29, 4731.295, 4731.57, or 4731.571 of the
Revised Code who for more than two years has not been engaged in
the practice of medicine and surgery, osteopathic medicine and
surgery, podiatric medicine and surgery, or a limited branch of
medicine as any of the following:
(a) An active practitioner;
(b) A participant in a program of graduate medical education,
as defined in section 4731.091 of the Revised Code;
(c) A student in a college of podiatry determined by the
state medical board to be in good standing;
(d) A student in a school, college, or institution giving
instruction in a limited branch of medicine determined by the
board to be in good standing under section 4731.16 of the Revised
Code.
(B) Before restoring a certificate to good standing for or
issuing a certificate to an applicant subject to this section, the
state medical board may impose terms and conditions including any
one or more of the following:
(1) Requiring the applicant to pass an oral or written
examination, or both, to determine the applicant's present fitness
to resume practice;
(2) Requiring the applicant to obtain additional training and
to pass an examination upon completion of such training;
(3) Requiring an assessment of the applicant's physical
skills for purposes of determining whether the applicant's
coordination, fine motor skills, and dexterity are sufficient for
performing medical evaluations and procedures in a manner that
meets the minimal standards of care;
(4) Requiring an assessment of the applicant's skills in
recognizing and understanding diseases and conditions;
(5) Requiring the applicant to undergo a comprehensive
physical examination, which may include an assessment of physical
abilities, evaluation of sensory capabilities, or screening for
the presence of neurological disorders;
(6) Restricting or limiting the extent, scope, or type of
practice of the applicant.
The board shall consider the moral background and the
activities of the applicant during the period of suspension or
inactivity, in accordance with section 4731.08, 4731.19, or
4731.52 of the Revised Code. The board shall not restore a
certificate under this section unless the applicant complies with
sections 4776.01 to 4776.04 of the Revised Code.
Sec. 4731.225. (A) If the holder of a certificate issued
under this chapter violates division (A), (B), or (C) of section
4731.66 or section 4731.69 of the Revised Code, or if any other
person violates division (B) or (C) of section 4731.66 or section
4731.69 of the Revised Code, the state medical board, pursuant to
an adjudication under Chapter 119. of the Revised Code and an
affirmative vote of not fewer than six of its members, shall:
(A)(1) For a first violation, impose a civil penalty of not
more than five thousand dollars;
(B)(2) For each subsequent violation, impose a civil penalty
of not more than twenty thousand dollars and, if the violator is a
certificate holder, proceed under division (B)(27) of section
4731.22 of the Revised Code.
(B) If the holder of a certificate issued under this chapter
violates any section of this chapter other than section 4731.281
of the Revised Code or the sections specified in division (A) of
this section, or violates any rule adopted under this chapter, the
board may, pursuant to an adjudication under Chapter 119. of the
Revised Code and an affirmative vote of not fewer than six of its
members, impose a civil penalty in an amount specified by the
board, which may be up to, but not more than twenty thousand
dollars. The civil penalty may be in addition to any other action
the board may take under section 4731.22 of the Revised Code.
The board shall adopt and may amend guidelines regarding the
amounts of civil penalties to be imposed under this section.
Adoption or any amendment of the guidelines requires the approval
of not fewer than six board members.
(C) Amounts received from payment of civil penalties imposed
under this section shall be deposited by the board in accordance
with section 4731.24 of the Revised Code. Amounts received from
payment of civil penalties imposed for violations of division
(B)(26) of section 4731.22 of the Revised Code shall be used by
the board solely for investigation, enforcement, and compliance
monitoring.
Sec. 4731.24. Except as provided in sections 4731.281 and
4731.40 of the Revised Code, all receipts of the state medical
board, from any source, shall be deposited in the state treasury.
Until July 1, 1998, the funds shall be deposited to the credit of
the occupational licensing and regulatory fund. On and after July
1, 1998, the funds shall be deposited to the credit of the state
medical board operating fund, which is hereby created on July 1,
1998. All Except as provided in sections 4730.252, 4731.225,
4760.133, 4762.133, 4774.133, and 4778.141 of the Revised Code,
all funds deposited into the state treasury under this section
shall be used solely for the administration and enforcement of
this chapter and Chapters 4730., 4760., 4762., 4774., and 4778. of
the Revised Code by the board.
Sec. 4731.281. (A) On or before the deadline established
under division (B) of this section for applying for renewal of a
certificate of registration, each person holding a certificate
under this chapter to practice medicine and surgery, osteopathic
medicine and surgery, or podiatric medicine and surgery shall
certify to the state medical board that in the preceding two years
the person has completed one hundred hours of continuing medical
education. The certification shall be made upon the application
for biennial registration submitted pursuant to division (B) of
this section. The board shall adopt rules providing for pro rata
reductions by month of the number of hours of continuing education
required for persons who are in their first registration period,
who have been disabled due to illness or accident, or who have
been absent from the country.
In determining whether a course, program, or activity
qualifies for credit as continuing medical education, the board
shall approve all continuing medical education taken by persons
holding a certificate to practice medicine and surgery that is
certified by the Ohio state medical association, all continuing
medical education taken by persons holding a certificate to
practice osteopathic medicine and surgery that is certified by the
Ohio osteopathic association, and all continuing medical education
taken by persons holding a certificate to practice podiatric
medicine and surgery that is certified by the Ohio podiatric
medical association. Each person holding a certificate to practice
under this chapter shall be given sufficient choice of continuing
education programs to ensure that the person has had a reasonable
opportunity to participate in continuing education programs that
are relevant to the person's medical practice in terms of subject
matter and level.
The board may require a random sample of persons holding a
certificate to practice under this chapter to submit materials
documenting completion of the continuing medical education
requirement during the preceding registration period, but this
provision shall not limit the board's authority to investigate
pursuant to section 4731.22 of the Revised Code.
(B)(1) Every person holding a certificate under this chapter
to practice medicine and surgery, osteopathic medicine and
surgery, or podiatric medicine and surgery wishing to renew that
certificate shall apply to the board for a certificate of
registration upon an application furnished by the board, and pay
to the board at the time of application a fee of three hundred
five dollars, according to the following schedule:
(a) Persons whose last name begins with the letters "A"
through "B," on or before April 1, 2001, and the first day of
April of every odd-numbered year thereafter;
(b) Persons whose last name begins with the letters "C"
through "D," on or before January 1, 2001, and the first day of
January of every odd-numbered year thereafter;
(c) Persons whose last name begins with the letters "E"
through "G," on or before October 1, 2000, and the first day of
October of every even-numbered year thereafter;
(d) Persons whose last name begins with the letters "H"
through "K," on or before July 1, 2000, and the first day of July
of every even-numbered year thereafter;
(e) Persons whose last name begins with the letters "L"
through "M," on or before April 1, 2000, and the first day of
April of every even-numbered year thereafter;
(f) Persons whose last name begins with the letters "N"
through "R," on or before January 1, 2000, and the first day of
January of every even-numbered year thereafter;
(g) Persons whose last name begins with the letter "S," on or
before October 1, 1999, and the first day of October of every
odd-numbered year thereafter;
(h) Persons whose last name begins with the letters "T"
through "Z," on or before July 1, 1999, and the first day of July
of every odd-numbered year thereafter.
The board shall deposit the fee in accordance with section
4731.24 of the Revised Code, except that the board shall deposit
twenty dollars of the fee into the state treasury to the credit of
the physician loan repayment fund created by section 3702.78 of
the Revised Code.
(2) The board shall mail or cause to be mailed to every
person registered to practice medicine and surgery, osteopathic
medicine and surgery, or podiatric medicine and surgery, a notice
of registration renewal addressed to the person's last known
address or may cause the notice to be sent to the person through
the secretary of any recognized medical, osteopathic, or podiatric
society, according to the following schedule:
(a) To persons whose last name begins with the letters "A"
through "B," on or before January 1, 2001, and the first day of
January of every odd-numbered year thereafter;
(b) To persons whose last name begins with the letters "C"
through "D," on or before October 1, 2000, and the first day of
October of every even-numbered year thereafter;
(c) To persons whose last name begins with the letters "E"
through "G," on or before July 1, 2000, and the first day of July
of every even-numbered year thereafter;
(d) To persons whose last name begins with the letters "H"
through "K," on or before April 1, 2000, and the first day of
April of every even-numbered year thereafter;
(e) To persons whose last name begins with the letters "L"
through "M," on or before January 1, 2000, and the first day of
January of every even-numbered year thereafter;
(f) To persons whose last name begins with the letters "N"
through "R," on or before October 1, 1999, and the first day of
October of every odd-numbered year thereafter;
(g) To persons whose last name begins with the letter "S," on
or before July 1, 1999, and the first day of July of every
odd-numbered year thereafter;
(h) To persons whose last name begins with the letters "T"
through "Z," on or before April 1, 1999, and the first day of
April of every odd-numbered year thereafter.
Failure of any person to receive a notice of renewal from the
board shall not excuse the person from the requirements contained
in this section.
The notice shall inform the applicant of the renewal
procedure. The board shall provide the application for
registration renewal in a form determined by the board. The
applicant shall provide in the application the applicant's full
name, principal practice address and residence address, the number
of the applicant's certificate to practice, and any other
information required by the board. The applicant shall include
with the application a list of the names and addresses of any
clinical nurse specialists, certified nurse-midwives, or certified
nurse practitioners with whom the applicant is currently
collaborating, as defined in section 4723.01 of the Revised Code.
The applicant shall execute and deliver the application to the
board in a manner prescribed by the board. Every person registered
under this section shall give written notice to the board of any
change of principal practice address or residence address or in
the list within thirty days of the change.
The applicant shall report any criminal offense to which the
applicant has pleaded guilty, of which the applicant has been
found guilty, or for which the applicant has been found eligible
for intervention in lieu of conviction, since last filing an
application for a certificate of registration.
(C) The board shall issue to any person holding a certificate
under this chapter to practice medicine and surgery, osteopathic
medicine and surgery, or podiatric medicine and surgery, upon
application and qualification therefor in accordance with this
section, a certificate of registration under the seal of the
board. A certificate of registration shall be valid for a two-year
period.
(D) Failure of any certificate holder to register and comply
with this section shall operate automatically to suspend the
holder's certificate to practice. Continued practice after the
suspension of the certificate to practice shall be considered as
practicing in violation of section 4731.41, 4731.43, or 4731.60 of
the Revised Code. If the certificate has been suspended pursuant
to this division for two years or less, it may be reinstated. The
board shall reinstate a certificate to practice suspended for
failure to register upon an applicant's submission of a renewal
application, the biennial registration fee, and the applicable
monetary penalty. The penalty for reinstatement shall be fifty
dollars. If the certificate has been suspended pursuant to this
division for more than two years, it may be restored. Subject to
section 4731.222 of the Revised Code, the board may restore a
certificate to practice suspended for failure to register upon an
applicant's submission of a restoration application, the biennial
registration fee, and the applicable monetary penalty and
compliance with sections 4776.01 to 4776.04 of the Revised Code.
The board shall not restore to an applicant a certificate to
practice unless the board, in its discretion, decides that the
results of the criminal records check do not make the applicant
ineligible for a certificate issued pursuant to section 4731.14,
4731.56, or 4731.57 of the Revised Code. The penalty for
restoration shall be one hundred dollars. The board shall deposit
the penalties in accordance with section 4731.24 of the Revised
Code.
(E) If an individual certifies completion of the number of
hours and type of continuing medical education required to receive
a certificate of registration or reinstatement of a certificate to
practice, and the board finds through the random samples it
conducts under this section or through any other means that the
individual did not complete the requisite continuing medical
education, the The board may impose a civil penalty of not more
than five thousand dollars if, through a random sample it conducts
under this section or through any other means, it finds that an
individual certified that the individual completed the number of
hours and type of continuing medical education required for
renewal of a certificate of registration when the individual did
not fulfill the requirement. The board's finding shall be made
pursuant to an adjudication under Chapter 119. of the Revised Code
and by an affirmative vote of not fewer than six members.
A civil penalty imposed under this division may be in
addition to or in lieu of any other action the board may take
under section 4731.22 of the Revised Code. The board shall deposit
civil penalties in accordance with section 4731.24 of the Revised
Code shall not conduct an adjudication under Chapter 119. of the
Revised Code if the board imposes only a civil penalty.
(F) Pursuant to section 4731.22 of the Revised Code, the
board may suspend an individual's certificate to practice for
failure to register and comply with this section. If an individual
continues to practice after suspension, that activity constitutes
practicing in violation of section 4731.41 or 4731.60 of the
Revised Code. If the certificate has been suspended for two years
or less, it may be reinstated. The board shall reinstate a
certificate to practice for failure to register on an applicant's
submission of a renewal application, the biennial registration
fee, and the applicable monetary penalty. If the certificate has
been suspended for more than two years, it may be restored.
Subject to section 4731.222 of the Revised Code, the board may
restore a certificate to practice suspended for failure to
register on an applicant's submission of a restoration
application, the biennial registration fee, and the applicable
monetary penalty and compliance with sections 4776.01 to 4776.04
of the Revised Code. The board shall not restore to an applicant a
certificate to practice unless the board, in its discretion,
decides that the results of the criminal records check required by
section 4776.02 of the Revised Code do not make the applicant
ineligible for a certificate issued pursuant to section 4731.14,
4731.56, or 4731.57 of the Revised Code.
The monetary penalty for reinstatement is one hundred
dollars. The monetary penalty for restoration is two hundred
dollars.
Amounts received from payment of civil penalties and monetary
penalties imposed under this division shall be deposited in
accordance with section 4731.24 of the Revised Code.
(E) The state medical board may obtain information not
protected by statutory or common law privilege from courts and
other sources concerning malpractice claims against any person
holding a certificate to practice under this chapter or practicing
as provided in section 4731.36 of the Revised Code.
(G)(F) Each mailing sent by the board under division (B)(2)
of this section to a person registered to practice medicine and
surgery or osteopathic medicine and surgery shall inform the
applicant of the reporting requirement established by division (H)
of section 3701.79 of the Revised Code. At the discretion of the
board, the information may be included on the application for
registration or on an accompanying page.
Sec. 4760.133. If an anesthesiologist assistant violates any
section of this chapter or any rule adopted under this chapter,
the state medical board may, pursuant to an adjudication under
Chapter 119. of the Revised Code and an affirmative vote of not
fewer than six of its members, impose a civil penalty in an amount
specified by the board, which may be up to, but not more than
twenty thousand dollars. The civil penalty may be in addition to
any other action the board may take under section 4760.13 of the
Revised Code.
The board shall adopt and may amend guidelines regarding the
amounts of civil penalties to be imposed under this section.
Adoption or any amendment of the guidelines requires the approval
of not fewer than six board members.
Amounts received from payment of civil penalties imposed
under this section shall be deposited by the board in accordance
with section 4731.24 of the Revised Code. Amounts received from
payment of civil penalties imposed for violations of division
(B)(6) of section 4760.13 of the Revised Code shall be used by the
board solely for investigation, enforcement, and compliance
monitoring.
Sec. 4762.133. If an oriental medicine practitioner or
acupuncturist violates any section of this chapter or any rule
adopted under this chapter, the state medical board may, pursuant
to an adjudication under Chapter 119. of the Revised Code and an
affirmative vote of not fewer than six of its members, impose a
civil penalty in an amount specified by the board, which may be up
to, but not more than twenty thousand dollars. The civil penalty
may be in addition to any other action the board may take under
section 4762.13 of the Revised Code.
The board shall adopt and may amend guidelines regarding the
amounts of civil penalties to be imposed under this section.
Adoption or any amendment of the guidelines requires the approval
of not fewer than six board members.
Amounts received from payment of civil penalties imposed
under this section shall be deposited by the board in accordance
with section 4731.24 of the Revised Code. Amounts received from
payment of civil penalties imposed for violations of division
(B)(6) of section 4762.13 of the Revised Code shall be used by the
board solely for investigation, enforcement, and compliance
monitoring.
Sec. 4774.133. If a radiologist assistant violates any
section of this chapter or any rule adopted under this chapter,
the state medical board may, pursuant to an adjudication under
Chapter 119. of the Revised Code and an affirmative vote of not
fewer than six of its members, impose a civil penalty in an amount
specified by the board, which may be up to, but not more than
twenty thousand dollars. The civil penalty may be in addition to
any other action the board may take under section 4774.13 of the
Revised Code.
The board shall adopt and may amend guidelines regarding the
amounts of civil penalties to be imposed under this section.
Adoption or any amendment of the guidelines requires the approval
of not fewer than six board members.
Amounts received from payment of civil penalties imposed
under this section shall be deposited by the board in accordance
with section 4731.24 of the Revised Code. Amounts received from
payment of civil penalties imposed for violations of division
(B)(6) of section 4774.13 of the Revised Code shall be used by the
board solely for investigation, enforcement, and compliance
monitoring.
Sec. 4778.06. (A) An individual seeking to renew a license to
practice as a genetic counselor shall, on or before the
thirty-first day of January of each even-numbered year, apply for
renewal of the license. The state medical board shall send renewal
notices at least one month prior to the expiration date.
Renewal applications shall be submitted to the board in a
manner prescribed by the board. Each application shall be
accompanied by a biennial renewal fee of one hundred fifty
dollars.
The applicant shall report any criminal offense to which the
applicant has pleaded guilty, of which the applicant has been
found guilty, or for which the applicant has been found eligible
for intervention in lieu of conviction, since last signing an
application for a license to practice as a genetic counselor.
(B) To be eligible for renewal, a genetic counselor shall
certify to the board that the counselor has done both of the
following:
(1) Maintained the counselor's status as a certified genetic
counselor;
(2) Completed at least thirty hours of continuing education
in genetic counseling that has been approved by the national
society of genetic counselors or American board of genetic
counseling.
(C) If an applicant submits a renewal application that the
board considers to be complete and qualifies for renewal pursuant
to division (B) of this section, the board shall issue to the
applicant a renewed license to practice as a genetic counselor.
(D) The board may require a random sample of genetic
counselors to submit materials documenting that their status as
certified genetic counselors has been maintained and that the
number of hours of continuing education required under division
(B)(2) of this section has been completed.
If a genetic counselor certifies that the genetic counselor
has completed the number of hours and type of continuing education
required for renewal of a license, and the board finds through the
random sample or any other means that the genetic counselor did
not complete the requisite continuing education, the board may
impose a civil penalty of not more than five thousand dollars. The
board's finding shall be made pursuant to an adjudication under
Chapter 119. of the Revised Code and by an affirmative vote of not
fewer than six members. A
A civil penalty imposed under this division may be in
addition to or in lieu of any other action the board may take
under section 4778.14 of the Revised Code.
The board shall not
conduct an adjudication under Chapter 119. of the Revised Code if
the board imposes only a civil penalty.
Sec. 4778.141. If a genetic counselor violates any section
of this chapter other than section 4778.06 of the Revised Code or
violates any rule adopted under this chapter, the state medical
board may, pursuant to an adjudication under Chapter 119. of the
Revised Code and an affirmative vote of not fewer than six of its
members, impose a civil penalty in an amount specified by the
board, which may be up to, but not more than twenty thousand
dollars. The civil penalty may be in addition to any other action
the board may take under section 4778.14 of the Revised Code.
The board shall adopt and may amend guidelines regarding the
amounts of civil penalties to be imposed under this section.
Adoption or any amendment of the guidelines requires the approval
of not fewer than six board members.
Amounts received from payment of civil penalties imposed
under this section shall be deposited by the board in accordance
with section 4731.24 of the Revised Code. Amounts received from
payment of civil penalties imposed for violations of division
(B)(6) of section 4778.14 of the Revised Code shall be used by the
board solely for investigation, enforcement, and compliance
monitoring.
Section 2. That existing sections 4730.14, 4731.22, 4731.222,
4731.225, 4731.24, 4731.281, and 4778.06 of the Revised Code are
hereby repealed.
|
|