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S. B. No. 297 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsor:
Senator Schaffer
A BILL
To amend sections 2919.171, 2919.19, 2919.191,
2919.192, 2919.193, and 4731.22; to amend, for the
purpose of adopting new section numbers as
indicted in parentheses, sections 2919.191
(2919.192), 2919.192 (2919.194), and 2919.193
(2919.198); and to enact new sections 2919.191 and
2919.193 and sections 2919.195, 2919.196,
2919.197, 2919.199, 2919.1910, and 2919.1911 of
the Revised Code to generally prohibit an abortion
of an unborn human individual with a detectable
heartbeat and to create the Joint Legislative
Committee on Adoption Promotion and Support.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2919.171, 2919.19, 2919.191,
2919.192, 2919.193, and 4731.22 be amended; sections 2919.191
(2919.192), 2919.192 (2919.194), and 2919.193 (2919.198) be
amended for the purposes of adopting new section numbers as
indicated in parentheses; and new sections 2919.191 and 2919.193
and sections 2919.195, 2919.196, 2919.197, 2919.199, 2919.1910,
and 2919.1911 of the Revised Code be enacted to read as follows:
Sec. 2919.171. (A)(1) A physician who performs or induces or
attempts to perform or induce an abortion on a pregnant woman
shall submit a report to the department of health in accordance
with the forms, rules, and regulations adopted by the department
that includes all of the information the physician is required to
certify in writing or determine under sections section 2919.17
and, section 2919.18, divisions (A) and (C) of section 2919.192,
division (C) of section 2919.193, division (B) of section
2919.195, or division (A) of section 2919.196 of the Revised
Code:.
(2) If a person other than the physician described in
division (A)(1) of this section makes or maintains a record
required by sections 2919.192 to 2919.196 of the Revised Code on
the physician's behalf or at the physician's direction, that
person shall comply with the reporting requirement described in
division (A)(1) of this section as if the person were the
physician described in that division.
(B) By September 30 of each year, the department of health
shall issue a public report that provides statistics for the
previous calendar year compiled from all of the reports covering
that calendar year submitted to the department in accordance with
this section for each of the items listed in division (A) of this
section. The report shall also provide the statistics for each
previous calendar year in which a report was filed with the
department pursuant to this section, adjusted to reflect any
additional information that a physician provides to the department
in a late or corrected report. The department shall ensure that
none of the information included in the report could reasonably
lead to the identification of any pregnant woman upon whom an
abortion is performed.
(C)(1) The physician shall submit the report described in
division (A) of this section to the department of health within
fifteen days after the woman is discharged. If the physician fails
to submit the report more than thirty days after that fifteen-day
deadline, the physician shall be subject to a late fee of five
hundred dollars for each additional thirty-day period or portion
of a thirty-day period the report is overdue. A physician who is
required to submit to the department of health a report under
division (A) of this section and who has not submitted a report or
has submitted an incomplete report more than one year following
the fifteen-day deadline may, in an action brought by the
department of health, be directed by a court of competent
jurisdiction to submit a complete report to the department of
health within a period of time stated in a court order or be
subject to contempt of court.
(2) If a physician fails to comply with the requirements of
this section, other than filing a late report with the department
of health, or fails to submit a complete report to the department
of health in accordance with a court order, the physician is
subject to division (B)(41)(44) of section 4731.22 of the Revised
Code.
(3) No person shall falsify any report required under this
section. Whoever violates this division is guilty of abortion
report falsification, a misdemeanor of the first degree.
(D) Within ninety days of the effective date of this section,
the The department of health shall adopt rules pursuant to section
111.15 of the Revised Code to assist in compliance with this
section.
Sec. 2919.19. (A) As used in this section and sections
2919.191 to 2919.193 2919.1910 of the Revised Code:
(A)(1) "Conception" means fertilization.
(2) "Contraceptive" means a drug, device, or chemical that
prevents conception.
(3) "DNA" means deoxyribonucleic acid.
(4) "Fetal heartbeat" means cardiac activity or the steady
and repetitive rhythmic contraction of the fetal heart within the
gestational sac.
(B)(5) "Fetus" means the human offspring developing during
pregnancy from the moment of conception and includes the embryonic
stage of development.
(C)(6) "Gestational age" means the age of an unborn human
individual as calculated from the first day of the last menstrual
period of a pregnant woman.
(D)(7) "Gestational sac" means the structure that comprises
the extraembryonic membranes that envelop the fetus and that is
typically visible by ultrasound after the fourth week of
pregnancy.
(E)(8) "Intrauterine pregnancy" means a pregnancy in which
the fetus is attached to the placenta within the uterus of the
pregnant woman.
(9) "Medical emergency" has the same meaning as in section
2919.16 of the Revised Code.
(F)(10) "Physician" has the same meaning as in section
2305.113 of the Revised Code.
(G)(11) "Pregnancy" means the human female reproductive
condition that begins with fertilization, when the woman is
carrying the developing human offspring, and that is calculated
from the first day of the last menstrual period of the woman.
(H)(12) "Serious risk of the substantial and irreversible
impairment of a major bodily function" has the same meaning as in
section 2919.16 of the Revised Code.
(I)(13) "Spontaneous miscarriage" means the natural or
accidental termination of a pregnancy and the expulsion of the
fetus, typically caused by genetic defects in the fetus or
physical abnormalities in the pregnant woman.
(14) "Standard medical practice" means the degree of skill,
care, and diligence that a physician of the same medical specialty
would employ in like circumstances. As applied to the method used
to determine the presence of a fetal heartbeat for purposes of
section 2919.191 2919.192 of the Revised Code, "standard medical
practice" includes employing the appropriate means of detection
depending on the estimated gestational age of the fetus and the
condition of the woman and her pregnancy.
(J)(15) "Unborn human individual" means an individual
organism of the species homo sapiens from fertilization until live
birth.
(B)(1) It is the intent of the general assembly that a court
judgment or order suspending enforcement of any provision of this
section or sections 2919.171 or 2919.191 to 2919.1910 of the
Revised Code is not to be regarded as tantamount to repeal of that
provision.
(2) After the issuance of a decision by the supreme court of
the United States overruling Roe v. Wade, 410 U.S. 113 (1973), the
issuance of any other court order or judgment restoring,
expanding, or clarifying the authority of states to prohibit or
regulate abortion entirely or in part, or the effective date of an
amendment to the Constitution of the United States restoring,
expanding, or clarifying the authority of states to prohibit or
regulate abortion entirely or in part, the attorney general may
apply to the pertinent state or federal court for either or both
of the following:
(a) A declaration that any one or more sections specified in
division (B)(1) of this section are constitutional;
(b) A judgment or order lifting an injunction against the
enforcement of any one or more sections specified in division
(B)(1) of this section.
(3) If the attorney general fails to apply for the relief
described in division (B)(2) of this section within the thirty-day
period after an event described in that division occurs, any
county prosecutor may apply to the appropriate state or federal
court for such relief.
(4) If any provision of this section or sections 2919.171 or
2919.191 to 2919.1910 of the Revised Code is held invalid, or if
the application of such provision to any person or circumstance is
held invalid, the invalidity of that provision does not affect any
other provisions or applications of this section and sections
2919.171 and 2919.191 to 2919.1910 of the Revised Code that can be
given effect without the invalid provision or application, and to
this end the provisions of this section and sections 2919.171 and
2919.191 to 2919.1910 of the Revised Code are severable as
provided in section 1.50 of the Revised Code. In particular, it is
the intent of the general assembly that any invalidity or
potential invalidity of a provision of this section or sections
2919.171 or 2919.191 to 2919.1910 of the Revised Code is not to
impair the immediate and continuing enforceability of the
remaining provisions. It is furthermore the intent of the general
assembly that the provisions of this section and sections 2919.171
and 2919.191 to 2919.1910 of the Revised Code are not to have the
effect of repealing or limiting any other laws of this state,
except as specified by this section and sections 2919.171 and
2919.191 to 2919.1910 of the Revised Code.
Sec. 2919.191. (A) The general assembly hereby declares that
it finds, according to contemporary medical research, all of the
following:
(1) As many as thirty per cent of natural pregnancies end in
spontaneous miscarriage.
(2) Less than five per cent of all natural pregnancies end in
spontaneous miscarriage after detection of fetal cardiac activity.
(3) Over ninety per cent of in vitro pregnancies survive the
first trimester if cardiac activity is detected in the gestational
sac.
(4) Nearly ninety per cent of in vitro pregnancies do not
survive the first trimester where cardiac activity is not detected
in the gestational sac.
(5) Fetal heartbeat, therefore, has become a key medical
predictor that an unborn human individual will reach live birth.
(6) Cardiac activity begins at a biologically identifiable
moment in time, normally when the fetal heart is formed in the
gestational sac.
(7) The state of Ohio has legitimate interests from the
outset of the pregnancy in protecting the health of the woman and
the life of an unborn human individual who may be born.
(8) In order to make an informed choice about whether to
continue her pregnancy, the pregnant woman has a legitimate
interest in knowing the likelihood of the fetus surviving to
full-term birth based upon the presence of cardiac activity.
(B) Sections 2919.192 to 2919.195 of the Revised Code apply
only to intrauterine pregnancies.
Sec. 2919.191 2919.192. (A) A person who intends to perform
or induce an abortion on a pregnant woman shall determine whether
there is a detectable fetal heartbeat of the unborn human
individual the pregnant woman is carrying. The method of
determining the presence of a fetal heartbeat shall be consistent
with the person's good faith understanding of standard medical
practice, provided that if rules have been adopted under division
(C)(B) of this section, the method chosen shall be one that is
consistent with the rules. The person who determines the presence
or absence of a fetal heartbeat shall record in the pregnant
woman's medical record the estimated gestational age of the unborn
human individual, the method used to test for a fetal heartbeat,
the date and time of the test, and the results of the test.
(B)(1) Except when a medical emergency exists that prevents
compliance with this division, no person shall perform or induce
an abortion on a pregnant woman prior to determining if the unborn
human individual the pregnant woman is carrying has a detectable
fetal heartbeat. Any person who performs or induces an abortion on
a pregnant woman based on the exception in this division shall
note in the pregnant woman's medical records that a medical
emergency necessitating the abortion existed and shall also note
the medical condition of the pregnant woman that prevented
compliance with this division. The person shall maintain a copy of
the notes described in this division in the person's own records
for at least seven years after the notes are entered into the
medical records.
(2) The person who performs the examination for the presence
of a fetal heartbeat shall give the pregnant woman the option to
view or hear the fetal heartbeat.
(C)(B) The director of health may promulgate adopt rules
pursuant to section 111.15 of the Revised Code specifying the
appropriate methods of performing an examination for the purpose
of determining the presence of a fetal heartbeat of an unborn
individual based on standard medical practice. The rules shall
require only that an examination shall be performed externally.
(D)(C) A person is not in violation of division (A) or (B) of
this section if that person has performed an examination for the
purpose of determining the presence of a fetal heartbeat in the
fetus of an unborn human individual utilizing standard medical
practice, that examination does not reveal a fetal heartbeat or
the person has been informed by a physician who has performed the
examination for a fetal heartbeat that the examination did not
reveal a fetal heartbeat, and the person notes in the pregnant
woman's medical records the procedure utilized to detect the
presence of a fetal heartbeat.
(E) Except as provided in division (F) of this section, no
person shall knowingly and purposefully perform or induce an
abortion on a pregnant woman before determining in accordance with
division (A) of this section whether the unborn human individual
the pregnant woman is carrying has a detectable heartbeat. The
failure of a person to satisfy the requirements of this section
prior to performing or inducing an abortion on a pregnant woman
may be the basis for either of the following:
(1) A civil action for compensatory and exemplary damages;
(2) Disciplinary action under section 4731.22 of the Revised
Code.
(F) Division (E) of this section does not apply to a
physician who performs or induces the abortion if the physician
believes that a medical emergency exists that prevents compliance
with that division.
(G) The director of health may determine and specify in rules
adopted pursuant to section 111.15 of the Revised Code and based
upon available medical evidence the statistical probability of
bringing an unborn human individual to term based on the
gestational age of an unborn human individual who possesses a
detectable fetal heartbeat.
(H) A woman on whom an abortion is performed in violation of
division (B) of this section or division (B)(3) of section 2317.56
of the Revised Code may file a civil action for the wrongful death
of the woman's unborn child and may receive at the mother's
election at any time prior to final judgment damages in an amount
equal to ten thousand dollars or an amount determined by the trier
of fact after consideration of the evidence subject to the same
defenses and requirements of proof, except any requirement of live
birth, as would apply to a suit for the wrongful death of a child
who had been born alive.
Sec. 2919.193. (A) Except as provided in division (B) of this
section, no person shall knowingly and purposefully perform or
induce an abortion on a pregnant woman before determining in
accordance with division (A) of section 2919.192 of the Revised
Code whether the unborn human individual the pregnant woman is
carrying has a detectable heartbeat.
Whoever violates this division is guilty of performing or
inducing an abortion before determining whether there is a
detectable fetal heartbeat, a felony of the fifth degree. A
violation of this division may also be the basis of either of the
following:
(1) A civil action for compensatory and exemplary damages;
(2) Disciplinary action under section 4731.22 of the Revised
Code.
(B) Division (A) of this section does not apply to a
physician who performs or induces the abortion if the physician
believes that a medical emergency exists that prevents compliance
with that division.
(C) A physician who performs or induces an abortion on a
pregnant woman based on the exception in division (B) of this
section shall make written notations in the pregnant woman's
medical records of both of the following:
(1) The physician's belief that a medical emergency
necessitating the abortion existed;
(2) The medical condition of the pregnant woman that
assertedly prevented compliance with division (A) of this section.
For at least seven years from the date the notations are
made, the physician shall maintain in the physician's own records
a copy of the notations.
(D) A person is not in violation of division (A) of this
section if the person acts in accordance with division (A) of
section 2919.192 of the Revised Code and the method used to
determine the presence of a fetal heartbeat does not reveal a
fetal heartbeat.
Sec. 2919.192 2919.194. (A) If a person who intends to
perform or induce an abortion on a pregnant woman has determined,
under section 2919.191 2919.192 of the Revised Code, that the
unborn human individual the pregnant woman is carrying has a
detectable heartbeat, the person shall not, except as provided in
division (B) of this section, perform or induce the abortion until
all of the following requirements have been met and at least
twenty-four hours have elapsed after the last of the requirements
is met:
(1) The person intending to perform or induce the abortion
shall inform the pregnant woman in writing that the unborn human
individual the pregnant woman is carrying has a fetal heartbeat.
(2) The person intending to perform or induce the abortion
shall inform the pregnant woman, to the best of the person's
knowledge, of the statistical probability of bringing the unborn
human individual possessing a detectable fetal heartbeat to term
based on the gestational age of the unborn human individual or, if
the director of health has specified statistical probability
information pursuant to rules adopted under division (C) of this
section, shall provide to the pregnant woman that information.
(3) The pregnant woman shall sign a form acknowledging that
the pregnant woman has received information from the person
intending to perform or induce the abortion that the unborn human
individual the pregnant woman is carrying has a fetal heartbeat
and that the pregnant woman is aware of the statistical
probability of bringing the unborn human individual the pregnant
woman is carrying to term.
(B) Division (A) of this section does not apply if the person
who intends to perform or induce the abortion believes that a
medical emergency exists that prevents compliance with that
division.
(C) The director of health may adopt rules that specify
information regarding the statistical probability of bringing an
unborn human individual possessing a detectable heartbeat to term
based on the gestational age of the unborn human individual. The
rules shall be based on available medical evidence and shall be
adopted in accordance with section 111.15 of the Revised Code.
(D) This section does not have the effect of repealing or
limiting any other provision of the Revised Code relating to
informed consent for an abortion, including the provisions in
section 2317.56 of the Revised Code.
(E) Whoever violates division (A) of this section is guilty
of performing or inducing an abortion without informed consent
when there is a detectable fetal heartbeat, a misdemeanor of the
first degree on a first offense and a felony of the fourth degree
on each subsequent offense.
Sec. 2919.195. (A) Except as provided in division (B) of this
section, no person shall knowingly and purposefully perform or
induce an abortion on a pregnant woman with the specific intent of
causing or abetting the termination of the life of the unborn
human individual the pregnant woman is carrying and whose fetal
heartbeat has been detected in accordance with division (A) of
section 2919.192 of the Revised Code.
Whoever violates this division is guilty of performing or
inducing an abortion after the detection of a fetal heartbeat, a
felony of the fifth degree.
(B) Division (A) of this section does not apply to a
physician who performs a medical procedure that, in the
physician's reasonable medical judgment, is designed or intended
to prevent the death of the pregnant woman or to prevent a serious
risk of the substantial and irreversible impairment of a major
bodily function of the pregnant woman.
A physician who performs a medical procedure as described in
this division shall declare, in a written document, that the
medical procedure is necessary, to the best of the physician's
reasonable medical judgment, to prevent the death of the pregnant
woman or to prevent a serious risk of the substantial and
irreversible impairment of a major bodily function of the pregnant
woman. In the document, the physician shall specify the pregnant
woman's medical condition that the medical procedure is asserted
to address and the medical rationale for the physician's
conclusion that the medical procedure is necessary to prevent the
death of the pregnant woman or to prevent a serious risk of the
substantial and irreversible impairment of a major bodily function
of the pregnant woman.
A physician who performs a medical procedure as described in
this division shall place the written document required by this
division in the pregnant woman's medical records. The physician
shall maintain a copy of the document in the physician's own
records for at least seven years from the date the document is
created.
(C) A person is not in violation of division (A) of this
section if the person acts in accordance with division (A) of
section 2919.192 of the Revised Code and the method used to
determine the presence of a fetal heartbeat does not reveal a
fetal heartbeat.
(D) Division (A) of this section does not have the effect of
repealing or limiting any other provision of the Revised Code that
restricts or regulates the performance or inducement of an
abortion by a particular method or during a particular stage of a
pregnancy.
Sec. 2919.196. (A) A person who performs or induces an
abortion on a pregnant woman shall do whichever of the following
is applicable:
(1) If the reason for the abortion purportedly is to preserve
the health of the pregnant woman, the person shall specify in a
written document the medical condition that the abortion is
asserted to address and the medical rationale for the person's
conclusion that the abortion is necessary to address that
condition.
(2) If the reason for the abortion is other than to preserve
the health of the pregnant woman, the person shall specify in a
written document that maternal health is not the purpose of the
abortion.
(B) The person who specifies the information in the document
described in division (A) of this section shall place the document
in the pregnant woman's medical records. The person who specifies
the information shall maintain a copy of the document in the
person's own records for at least seven years from the date the
document is created.
Sec. 2919.197. Nothing in sections 2919.19 to 2919.196 of the
Revised Code prohibits the sale, use, prescription, or
administration of a drug, device, or chemical that is designed for
contraceptive purposes.
Sec. 2919.193 2919.198. A pregnant woman on whom an abortion
is performed or induced in violation of section 2919.191 or
2919.192 2919.193, 2919.194, or 2919.195 of the Revised Code is
not guilty of violating any of those sections; is not guilty of
attempting to commit, conspiring to commit, or complicity in
committing a violation of any of those sections; and is not
subject to a civil penalty based on the abortion being performed
or induced in violation of any of those sections.
Sec. 2919.199. (A) A woman who meets either or both of the
following criteria may file a civil action for the wrongful death
of her unborn child:
(1) A woman on whom an abortion was performed or induced in
violation of division (A) of section 2919.193 or division (A) of
section 2919.195 of the Revised Code;
(2) A woman on whom an abortion was performed or induced who
was not given the information described in divisions (A)(1) and
(2) of section 2919.194 of the Revised Code or who did not sign a
form described in division (A)(3) of section 2919.194 of the
Revised Code.
(B) A woman who prevails in an action filed under division
(A) of this section shall receive both of the following from the
person who committed the one or more acts described in division
(A)(1) or (2) of this section:
(1) Damages in an amount equal to ten thousand dollars or an
amount determined by the trier of fact after consideration of the
evidence at the mother's election at any time prior to final
judgment subject to the same defenses and requirements of proof,
except any requirement of live birth, as would apply to a suit for
the wrongful death of a child who had been born alive;
(2) Court costs and reasonable attorney's fees.
(C) A determination that division (A) of section 2919.193 of
the Revised Code, division (A)(1), (2), or (3) of section 2919.194
of the Revised Code, or division (A) of section 2919.195 of the
Revised Code is unconstitutional shall be a defense to an action
filed under division (A) of this section alleging that the
defendant violated the division that was determined to be
unconstitutional.
(D) If the defendant in an action filed under division (A) of
this section prevails and all of the following apply, the court
shall award reasonable attorney's fees to the defendant in
accordance with section 2323.51 of the Revised Code:
(1) The court finds that the commencement of the action
constitutes frivolous conduct, as defined in section 2323.51 of
the Revised Code.
(2) The court's finding in division (D)(1) of this section is
not based on that court or another court determining that division
(A) of section 2919.193 of the Revised Code, division (A)(1), (2),
or (3) of section 2919.194 of the Revised Code, or division (A) of
section 2919.195 of the Revised Code is unconstitutional.
(3) The court finds that the defendant was adversely affected
by the frivolous conduct.
Sec. 2919.1910. (A) It is the intent of the general assembly
that women whose pregnancies are protected under division (A) of
section 2919.195 of the Revised Code be informed of available
options for adoption.
(B) In furtherance of the intent expressed in division (A) of
this section, there is hereby created the joint legislative
committee on adoption promotion and support. The committee may
review or study any matter that it considers relevant to the
adoption process in this state, with priority given to the study
or review of mechanisms intended to increase awareness of the
process, increase its effectiveness, or both.
(C) The committee shall consist of three members of the house
of representatives appointed by the speaker of the house of
representatives and three members of the senate appointed by the
president of the senate. Not more than two members appointed by
the speaker of the house of representatives and not more than two
members appointed by the president of the senate may be of the
same political party.
Each member of the committee shall hold office during the
general assembly in which the member is appointed and until a
successor has been appointed, notwithstanding the adjournment sine
die of the general assembly in which the member was appointed or
the expiration of the member's term as a member of the general
assembly. Any vacancies occurring among the members of the
committee shall be filled in the manner of the original
appointment.
(D) The committee has the same powers as other standing or
select committees of the general assembly.
Sec. 2919.1911. The department of health shall have access
to the medical records from any facility that performs abortions
to ensure that the physicians or other persons who perform
abortions at that facility are in compliance with the reporting
requirements under section 2919.171 of the Revised Code. On
request from the department, the facility shall make the medical
records available to the department but shall not release any
personal medical information in the medical records that is
prohibited by law.
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 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 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 any of the requirement
requirements regarding making or maintaining notes medical
records or documents described in division (B) of section 2919.191
(A) of section 2919.192, division (C) of section 2919.193,
division (B) of section 2919.195, or division (A) of section
2919.196 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.
Section 2. That existing sections 2919.171, 2919.19,
2919.191, 2919.192, 2919.193, and 4731.22 of the Revised Code are
hereby repealed.
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