Bill Text: OH HB341 | 2013-2014 | 130th General Assembly | Engrossed

Ohio House Bill 341 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: To establish requirements to be followed by prescribers in reviewing patient information in the State Board of Pharmacy's Ohio Automated Rx Reporting System.

Spectrum: Slight Partisan Bill (Republican 51-29)

Status: (Passed) 2014-09-16 - Effective Date [HB341 Detail]

Download: Ohio-2013-HB341-Engrossed.html

As Passed by the Senate

130th General Assembly

Regular Session

2013-2014

Am. Sub. H. B. No. 341

Representative Smith

Cosponsors: Representatives Wachtmann, Antonio, Barnes, Boyd, Brown, Johnson, Sears, Adams, R., Amstutz, Anielski, Ashford, Baker, Beck, Bishoff, Blair, Blessing, Boose, Boyce, Buchy, Burkley, Butler, Carney, Celebrezze, Conditt, Curtin, Damschroder, Derickson, DeVitis, Dovilla, Driehaus, Duffey, Fedor, Foley, Gerberry, Green, Grossman, Hackett, Hagan, C., Hall, Hayes, Henne, Hill, Hottinger, Huffman, Landis, Letson, Lundy, Mallory, McClain, McGregor, Patmon, Patterson, Pelanda, Perales, Phillips, Pillich, Ramos, Rogers, Rosenberger, Ruhl, Scherer, Schuring, Slaby, Slesnick, Sprague, Stebelton, Stinziano, Strahorn, Sykes, Terhar, Thompson, Williams, Winburn, Young Speaker Batchelder
Senators Balderson, Burke, Hughes, Manning

A BILL

To amend sections 4715.14, 4715.30, 4715.302,

4723.28, 4723.486, 4723.487, 4725.092, 4725.16,

4725.19, 4729.12, 4729.80, 4729.86, 4730.25,

4730.48, 4730.53, 4731.055, 4731.22, and 4731.281

and to enact sections 4121.443 and 4729.861 of the

Revised Code to establish requirements to be

followed by prescribers in reviewing patient

information in the State Board of Pharmacy's Ohio

Automated Rx Reporting System.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4715.14, 4715.30, 4715.302,	10
4723.28, 4723.486, 4723.487, 4725.092, 4725.16, 4725.19, 4729.12,	11
4729.80, 4729.86, 4730.25, 4730.48, 4730.53, 4731.055, 4731.22,	12
and 4731.281 be amended and sections 4121.443 and 4729.861 of the	13
Revised Code be enacted to read as follows:	14

Sec. 4121.443. Each contract the administrator of workers'	15
compensation enters into with a managed care organization under	16
division (B)(4) of section 4121.44 of the Revised Code shall	17
require the managed care organization to enter into a data	18
security agreement with the state board of pharmacy governing the	19
managed care organization's use of the board's drug database	20
established and maintained under section 4729.75 of the Revised	21
Code.	22

This section does not apply if the board no longer maintains	23
the drug database.	24

Sec. 4715.14. (A)(1) Each person who is licensed to practice	25
dentistry in Ohio shall, on or before the first day of January of	26
each even-numbered year, register with the state dental board. The	27
registration shall be made on a form prescribed by the board and	28
furnished by the secretary, shall include the licensee's name,	29
address, license number, and such other reasonable information as	30
the board may consider necessary, and shall include payment of a	31
biennial registration fee of two hundred forty-five dollars.	32
Except as provided in division (E) of this section, this fee shall	33
be paid to the treasurer of state. Subject to division (C) of this	34
section, a registration shall be in effect for the two-year period	35
beginning on the first day of January of the even-numbered year	36
and ending on the last day of December of the following	37
odd-numbered year, and shall be renewed in accordance with the	38
standard renewal procedure of sections 4745.01 to 4745.03 of the	39
Revised Code.	40

(2)(a) Except as provided in division (A)(2)(b) of this	41
section, in the case of a licensee seeking registration who	42
prescribes or personally furnishes opioid analgesics or	43
benzodiazepines, the licensee shall certify to the board whether	44
the licensee has been granted access to the drug database	45
established and maintained by the state board of pharmacy pursuant	46
to section 4729.75 of the Revised Code.	47

(b) The requirement in division (A)(2)(a) of this section	48
does not apply if either of the following is the case:	49

(i) The state board of pharmacy notifies the state dental	50
board pursuant to section 4729.861 of the Revised Code that the	51
licensee has been restricted from obtaining further information	52
from the drug database.	53

(ii) The state board of pharmacy no longer maintains the drug	54
database.	55

(3) If a licensee certifies to the state dental board that	56
the licensee has been granted access to the drug database and the	57
board finds through an audit or other means that the licensee has	58
not been granted access, the board may take action under section	59
4715.30 of the Revised Code.	60

(B) A licensed dentist who desires to temporarily retire from	61
practice and who has given the board notice in writing to that	62
effect shall be granted such a retirement, provided only that at	63
that time all previous registration fees and additional costs of	64
reinstatement have been paid.	65

(C) Not later than the thirty-first day of January of an	66
even-numbered year, the board shall send a notice by certified	67
mail to a dentist who fails to renew a license in accordance with	68
division (A) of this section. The notice shall state all of the	69
following:	70

(1) That the board has not received the registration form and	71
fee described in that division;	72

(2) That the license shall remain valid and in good standing	73
until the first day of April following the last day of December of	74
the odd-numbered year in which the dentist was scheduled to renew	75
if the dentist remains in compliance with all other applicable	76
provisions of this chapter and any rule adopted under it;	77

(3) That the license may be renewed until the first day of	78
April following the last day of December of the odd-numbered year	79
in which the dentist was scheduled to renew by the payment of the	80
biennial registration fee and an additional fee of one hundred	81
dollars to cover the cost of late renewal;	82

(4) That unless the board receives the registration form and	83
fee before the first day of April following the last day of	84
December of the odd-numbered year in which the dentist was	85
scheduled to renew, the board may, on or after the relevant first	86
day of April, initiate disciplinary action against the dentist	87
pursuant to Chapter 119. of the Revised Code;	88

(5) That a dentist whose license has been suspended as a	89
result of disciplinary action initiated pursuant to division	90
(C)(4) of this section may be reinstated by the payment of the	91
biennial registration fee and an additional fee of three hundred	92
dollars to cover the cost of reinstatement.	93

(D) Each dentist licensed to practice, whether a resident or	94
not, shall notify the secretary in writing or electronically of	95
any change in the dentist's office address or employment within	96
ten days after such change has taken place. On the first day of	97
July of every even-numbered year, the secretary shall issue a	98
printed roster of the names and addresses so registered.	99

(E) Twenty dollars of each biennial registration fee shall be	100
paid to the dentist loan repayment fund created under section	101
3702.95 of the Revised Code.	102

Sec. 4715.30. (A) An applicant for or holder of a	103
certificate or license issued under this chapter is subject to	104
disciplinary action by the state dental board for any of the	105
following reasons:	106

(1) Employing or cooperating in fraud or material deception	107
in applying for or obtaining a license or certificate;	108

(2) Obtaining or attempting to obtain money or anything of	109
value by intentional misrepresentation or material deception in	110
the course of practice;	111

(3) Advertising services in a false or misleading manner or	112
violating the board's rules governing time, place, and manner of	113
advertising;	114

(4) Commission of an act that constitutes a felony in this	115
state, regardless of the jurisdiction in which the act was	116
committed;	117

(5) Commission of an act in the course of practice that	118
constitutes a misdemeanor in this state, regardless of the	119
jurisdiction in which the act was committed;	120

(6) Conviction of, a plea of guilty to, a judicial finding of	121
guilt of, a judicial finding of guilt resulting from a plea of no	122
contest to, or a judicial finding of eligibility for intervention	123
in lieu of conviction for, any felony or of a misdemeanor	124
committed in the course of practice;	125

(7) Engaging in lewd or immoral conduct in connection with	126
the provision of dental services;	127

(8) Selling, prescribing, giving away, or administering drugs	128
for other than legal and legitimate therapeutic purposes, or	129
conviction of, a plea of guilty to, a judicial finding of guilt	130
of, a judicial finding of guilt resulting from a plea of no	131
contest to, or a judicial finding of eligibility for intervention	132
in lieu of conviction for, a violation of any federal or state law	133
regulating the possession, distribution, or use of any drug;	134

(9) Providing or allowing dental hygienists, expanded	135
function dental auxiliaries, or other practitioners of auxiliary	136
dental occupations working under the certificate or license	137
holder's supervision, or a dentist holding a temporary limited	138
continuing education license under division (C) of section 4715.16	139
of the Revised Code working under the certificate or license	140
holder's direct supervision, to provide dental care that departs	141
from or fails to conform to accepted standards for the profession,	142
whether or not injury to a patient results;	143

(10) Inability to practice under accepted standards of the	144
profession because of physical or mental disability, dependence on	145
alcohol or other drugs, or excessive use of alcohol or other	146
drugs;	147

(11) Violation of any provision of this chapter or any rule	148
adopted thereunder;	149

(12) Failure to use universal blood and body fluid	150
precautions established by rules adopted under section 4715.03 of	151
the Revised Code;	152

(13) Except as provided in division (H) of this section,	153
either of the following:	154

(a) Waiving the payment of all or any part of a deductible or	155
copayment that a patient, pursuant to a health insurance or health	156
care policy, contract, or plan that covers dental services, would	157
otherwise be required to pay if the waiver is used as an	158
enticement to a patient or group of patients to receive health	159
care services from that certificate or license holder;	160

(b) Advertising that the certificate or license holder will	161
waive the payment of all or any part of a deductible or copayment	162
that a patient, pursuant to a health insurance or health care	163
policy, contract, or plan that covers dental services, would	164
otherwise be required to pay.	165

(14) Failure to comply with section 4715.302 or 4729.79 of	166
the Revised Code, unless the state board of pharmacy no longer	167
maintains a drug database pursuant to section 4729.75 of the	168
Revised Code;	169

(15) Any of the following actions taken by an agency	170
responsible for authorizing, certifying, or regulating an	171
individual to practice a health care occupation or provide health	172
care services in this state or another jurisdiction, for any	173
reason other than the nonpayment of fees: the limitation,	174
revocation, or suspension of an individual's license to practice;	175
acceptance of an individual's license surrender; denial of a	176
license; refusal to renew or reinstate a license; imposition of	177
probation; or issuance of an order of censure or other reprimand;	178

(16) Failure to cooperate in an investigation conducted by	179
the board under division (D) of section 4715.03 of the Revised	180
Code, including failure to comply with a subpoena or order issued	181
by the board or failure to answer truthfully a question presented	182
by the board at a deposition or in written interrogatories, except	183
that failure to cooperate with an investigation shall not	184
constitute grounds for discipline under this section if a court of	185
competent jurisdiction has issued an order that either quashes a	186
subpoena or permits the individual to withhold the testimony or	187
evidence in issue.	188

(B) A manager, proprietor, operator, or conductor of a dental	189
facility shall be subject to disciplinary action if any dentist,	190
dental hygienist, expanded function dental auxiliary, or qualified	191
personnel providing services in the facility is found to have	192
committed a violation listed in division (A) of this section and	193
the manager, proprietor, operator, or conductor knew of the	194
violation and permitted it to occur on a recurring basis.	195

(C) Subject to Chapter 119. of the Revised Code, the board	196
may take one or more of the following disciplinary actions if one	197
or more of the grounds for discipline listed in divisions (A) and	198
(B) of this section exist:	199

(1) Censure the license or certificate holder;

200

(2) Place the license or certificate on probationary status	201
for such period of time the board determines necessary and require	202
the holder to:	203

(a) Report regularly to the board upon the matters which are	204
the basis of probation;	205

(b) Limit practice to those areas specified by the board;

206

(c) Continue or renew professional education until a	207
satisfactory degree of knowledge or clinical competency has been	208
attained in specified areas.	209

(3) Suspend the certificate or license;

210

(4) Revoke the certificate or license.

211

Where the board places a holder of a license or certificate	212
on probationary status pursuant to division (C)(2) of this	213
section, the board may subsequently suspend or revoke the license	214
or certificate if it determines that the holder has not met the	215
requirements of the probation or continues to engage in activities	216
that constitute grounds for discipline pursuant to division (A) or	217
(B) of this section.	218

Any order suspending a license or certificate shall state the	219
conditions under which the license or certificate will be	220
restored, which may include a conditional restoration during which	221
time the holder is in a probationary status pursuant to division	222
(C)(2) of this section. The board shall restore the license or	223
certificate unconditionally when such conditions are met.	224

(D) If the physical or mental condition of an applicant or a	225
license or certificate holder is at issue in a disciplinary	226
proceeding, the board may order the license or certificate holder	227
to submit to reasonable examinations by an individual designated	228
or approved by the board and at the board's expense. The physical	229
examination may be conducted by any individual authorized by the	230
Revised Code to do so, including a physician assistant, a clinical	231
nurse specialist, a certified nurse practitioner, or a certified	232
nurse-midwife. Any written documentation of the physical	233
examination shall be completed by the individual who conducted the	234
examination.	235

Failure to comply with an order for an examination shall be	236
grounds for refusal of a license or certificate or summary	237
suspension of a license or certificate under division (E) of this	238
section.	239

(E) If a license or certificate holder has failed to comply	240
with an order under division (D) of this section, the board may	241
apply to the court of common pleas of the county in which the	242
holder resides for an order temporarily suspending the holder's	243
license or certificate, without a prior hearing being afforded by	244
the board, until the board conducts an adjudication hearing	245
pursuant to Chapter 119. of the Revised Code. If the court	246
temporarily suspends a holder's license or certificate, the board	247
shall give written notice of the suspension personally or by	248
certified mail to the license or certificate holder. Such notice	249
shall inform the license or certificate holder of the right to a	250
hearing pursuant to Chapter 119. of the Revised Code.	251

(F) Any holder of a certificate or license issued under this	252
chapter who has pleaded guilty to, has been convicted of, or has	253
had a judicial finding of eligibility for intervention in lieu of	254
conviction entered against the holder in this state for aggravated	255
murder, murder, voluntary manslaughter, felonious assault,	256
kidnapping, rape, sexual battery, gross sexual imposition,	257
aggravated arson, aggravated robbery, or aggravated burglary, or	258
who has pleaded guilty to, has been convicted of, or has had a	259
judicial finding of eligibility for treatment or intervention in	260
lieu of conviction entered against the holder in another	261
jurisdiction for any substantially equivalent criminal offense, is	262
automatically suspended from practice under this chapter in this	263
state and any certificate or license issued to the holder under	264
this chapter is automatically suspended, as of the date of the	265
guilty plea, conviction, or judicial finding, whether the	266
proceedings are brought in this state or another jurisdiction.	267
Continued practice by an individual after the suspension of the	268
individual's certificate or license under this division shall be	269
considered practicing without a certificate or license. The board	270
shall notify the suspended individual of the suspension of the	271
individual's certificate or license under this division by	272
certified mail or in person in accordance with section 119.07 of	273
the Revised Code. If an individual whose certificate or license is	274
suspended under this division fails to make a timely request for	275
an adjudicatory hearing, the board shall enter a final order	276
revoking the individual's certificate or license.	277

(G) If the supervisory investigative panel determines both of	278
the following, the panel may recommend that the board suspend an	279
individual's certificate or license without a prior hearing:	280

(1) That there is clear and convincing evidence that an	281
individual has violated division (A) of this section;	282

(2) That the individual's continued practice presents a	283
danger of immediate and serious harm to the public.	284

Written allegations shall be prepared for consideration by	285
the board. The board, upon review of those allegations and by an	286
affirmative vote of not fewer than four dentist members of the	287
board and seven of its members in total, excluding any member on	288
the supervisory investigative panel, may suspend a certificate or	289
license without a prior hearing. A telephone conference call may	290
be utilized for reviewing the allegations and taking the vote on	291
the summary suspension.	292

The board shall issue a written order of suspension by	293
certified mail or in person in accordance with section 119.07 of	294
the Revised Code. The order shall not be subject to suspension by	295
the court during pendency or any appeal filed under section 119.12	296
of the Revised Code. If the individual subject to the summary	297
suspension requests an adjudicatory hearing by the board, the date	298
set for the hearing shall be within fifteen days, but not earlier	299
than seven days, after the individual requests the hearing, unless	300
otherwise agreed to by both the board and the individual.	301

Any summary suspension imposed under this division shall	302
remain in effect, unless reversed on appeal, until a final	303
adjudicative order issued by the board pursuant to this section	304
and Chapter 119. of the Revised Code becomes effective. The board	305
shall issue its final adjudicative order within seventy-five days	306
after completion of its hearing. A failure to issue the order	307
within seventy-five days shall result in dissolution of the	308
summary suspension order but shall not invalidate any subsequent,	309
final adjudicative order.	310

(H) Sanctions shall not be imposed under division (A)(13) of	311
this section against any certificate or license holder who waives	312
deductibles and copayments as follows:	313

(1) In compliance with the health benefit plan that expressly	314
allows such a practice. Waiver of the deductibles or copayments	315
shall be made only with the full knowledge and consent of the plan	316
purchaser, payer, and third-party administrator. Documentation of	317
the consent shall be made available to the board upon request.	318

(2) For professional services rendered to any other person	319
who holds a certificate or license issued pursuant to this chapter	320
to the extent allowed by this chapter and the rules of the board.	321

(I) In no event shall the board consider or raise during a	322
hearing required by Chapter 119. of the Revised Code the	323
circumstances of, or the fact that the board has received, one or	324
more complaints about a person unless the one or more complaints	325
are the subject of the hearing or resulted in the board taking an	326
action authorized by this section against the person on a prior	327
occasion.	328

(J) The board may share any information it receives pursuant	329
to an investigation under division (D) of section 4715.03 of the	330
Revised Code, including patient records and patient record	331
information, with law enforcement agencies, other licensing	332
boards, and other governmental agencies that are prosecuting,	333
adjudicating, or investigating alleged violations of statutes or	334
administrative rules. An agency or board that receives the	335
information shall comply with the same requirements regarding	336
confidentiality as those with which the state dental board must	337
comply, notwithstanding any conflicting provision of the Revised	338
Code or procedure of the agency or board that applies when it is	339
dealing with other information in its possession. In a judicial	340
proceeding, the information may be admitted into evidence only in	341
accordance with the Rules of Evidence, but the court shall require	342
that appropriate measures are taken to ensure that confidentiality	343
is maintained with respect to any part of the information that	344
contains names or other identifying information about patients or	345
complainants whose confidentiality was protected by the state	346
dental board when the information was in the board's possession.	347
Measures to ensure confidentiality that may be taken by the court	348
include sealing its records or deleting specific information from	349
its records.	350

Sec. 4715.302. (A) As used in this section, "drug database"	351
means the database established and maintained by the state board	352
of pharmacy pursuant to section 4729.75 of the Revised Code.	353

(B) ~~The~~Except as provided in divisions (C) and (E) of this	354
section, a dentist shall comply with all of the following as	355
conditions of prescribing a drug that is either an opioid	356
analgesic or a benzodiazepine, or personally furnishing a complete	357
or partial supply of such a drug, as part of a patient's course of	358
treatment for a particular condition:	359

(1) Before initially prescribing or furnishing the drug, the	360
dentist or the dentist's delegate shall request from the drug	361
database a report of information related to the patient that	362
covers at least the twelve months immediately preceding the date	363
of the request. If the dentist practices primarily in a county of	364
this state that adjoins another state, the dentist or delegate	365
also shall request a report of any information available in the	366
drug database that pertains to prescriptions issued or drugs	367
furnished to the patient in the state adjoining that county.	368

(2) If the patient's course of treatment for the condition	369
continues for more than ninety days after the initial report is	370
requested, the dentist or delegate shall make periodic requests	371
for reports of information from the drug database until the course	372
of treatment has ended. The requests shall be made at intervals	373
not exceeding ninety days, determined according to the date the	374
initial request was made. The request shall be made in the same	375
manner provided in division (B)(1) of this section for requesting	376
the initial report of information from the drug database.	377

(3) On receipt of a report under division (B)(1) or (2) of	378
this section, the dentist shall assess the information in the	379
report. The dentist shall document in the patient's record that	380
the report was received and the information was assessed.	381

(C)(1) Division (B) of this section does not apply if a drug	382
database report regarding the patient is not available. In this	383
event, the dentist shall document in the patient's record the	384
reason that the report is not available.	385

(2) Division (B) of this section does not apply if the drug	386
is prescribed or personally furnished in an amount indicated for a	387
period not to exceed seven days.	388

(D) With respect to prescribing or personally furnishing any	389
drug that is not an opioid analgesic or a benzodiazepine but is	390
included in the drug database pursuant to rules adopted under	391
section 4729.84 of the Revised Code, the state dental board shall	392
adopt rules ~~in accordance with Chapter 119. of the Revised Code~~	393
that establish standards and procedures to be followed by a	394
dentist regarding the review of patient information available	395
through the drug database under division (A)(5) of section 4729.80	396
of the Revised Code. The rules shall be adopted in accordance with	397
Chapter 119. of the Revised Code.	398

~~(C)~~(E) This section and the rules adopted under it do not	399
apply if the state board of pharmacy no longer maintains the drug	400
database.	401

Sec. 4723.28. (A) The board of nursing, by a vote of a	402
quorum, may impose one or more of the following sanctions if it	403
finds that a person committed fraud in passing an examination	404
required to obtain a license, certificate of authority, or	405
dialysis technician certificate issued by the board or to have	406
committed fraud, misrepresentation, or deception in applying for	407
or securing any nursing license, certificate of authority, or	408
dialysis technician certificate issued by the board: deny, revoke,	409
suspend, or place restrictions on any nursing license, certificate	410
of authority, or dialysis technician certificate issued by the	411
board; reprimand or otherwise discipline a holder of a nursing	412
license, certificate of authority, or dialysis technician	413
certificate; or impose a fine of not more than five hundred	414
dollars per violation.	415

(B) The board of nursing, by a vote of a quorum, may impose	416
one or more of the following sanctions: deny, revoke, suspend, or	417
place restrictions on any nursing license, certificate of	418
authority, or dialysis technician certificate issued by the board;	419
reprimand or otherwise discipline a holder of a nursing license,	420
certificate of authority, or dialysis technician certificate; or	421
impose a fine of not more than five hundred dollars per violation.	422
The sanctions may be imposed for any of the following:	423

(1) Denial, revocation, suspension, or restriction of	424
authority to engage in a licensed profession or practice a health	425
care occupation, including nursing or practice as a dialysis	426
technician, for any reason other than a failure to renew, in Ohio	427
or another state or jurisdiction;	428

(2) Engaging in the practice of nursing or engaging in	429
practice as a dialysis technician, having failed to renew a	430
nursing license or dialysis technician certificate issued under	431
this chapter, or while a nursing license or dialysis technician	432
certificate is under suspension;	433

(3) Conviction of, a plea of guilty to, a judicial finding of	434
guilt of, a judicial finding of guilt resulting from a plea of no	435
contest to, or a judicial finding of eligibility for a pretrial	436
diversion or similar program or for intervention in lieu of	437
conviction for, a misdemeanor committed in the course of practice;	438

(4) Conviction of, a plea of guilty to, a judicial finding of	439
guilt of, a judicial finding of guilt resulting from a plea of no	440
contest to, or a judicial finding of eligibility for a pretrial	441
diversion or similar program or for intervention in lieu of	442
conviction for, any felony or of any crime involving gross	443
immorality or moral turpitude;	444

(5) Selling, giving away, or administering drugs or	445
therapeutic devices for other than legal and legitimate	446
therapeutic purposes; or conviction of, a plea of guilty to, a	447
judicial finding of guilt of, a judicial finding of guilt	448
resulting from a plea of no contest to, or a judicial finding of	449
eligibility for a pretrial diversion or similar program or for	450
intervention in lieu of conviction for, violating any municipal,	451
state, county, or federal drug law;	452

(6) Conviction of, a plea of guilty to, a judicial finding of	453
guilt of, a judicial finding of guilt resulting from a plea of no	454
contest to, or a judicial finding of eligibility for a pretrial	455
diversion or similar program or for intervention in lieu of	456
conviction for, an act in another jurisdiction that would	457
constitute a felony or a crime of moral turpitude in Ohio;	458

(7) Conviction of, a plea of guilty to, a judicial finding of	459
guilt of, a judicial finding of guilt resulting from a plea of no	460
contest to, or a judicial finding of eligibility for a pretrial	461
diversion or similar program or for intervention in lieu of	462
conviction for, an act in the course of practice in another	463
jurisdiction that would constitute a misdemeanor in Ohio;	464

(8) Self-administering or otherwise taking into the body any	465
dangerous drug, as defined in section 4729.01 of the Revised Code,	466
in any way that is not in accordance with a legal, valid	467
prescription issued for that individual, or self-administering or	468
otherwise taking into the body any drug that is a schedule I	469
controlled substance;	470

(9) Habitual or excessive use of controlled substances, other	471
habit-forming drugs, or alcohol or other chemical substances to an	472
extent that impairs the individual's ability to provide safe	473
nursing care or safe dialysis care;	474

(10) Impairment of the ability to practice according to	475
acceptable and prevailing standards of safe nursing care or safe	476
dialysis care because of the use of drugs, alcohol, or other	477
chemical substances;	478

(11) Impairment of the ability to practice according to	479
acceptable and prevailing standards of safe nursing care or safe	480
dialysis care because of a physical or mental disability;	481

(12) Assaulting or causing harm to a patient or depriving a	482
patient of the means to summon assistance;	483

(13) Misappropriation or attempted misappropriation of money	484
or anything of value in the course of practice;	485

(14) Adjudication by a probate court of being mentally ill or	486
mentally incompetent. The board may reinstate the person's nursing	487
license or dialysis technician certificate upon adjudication by a	488
probate court of the person's restoration to competency or upon	489
submission to the board of other proof of competency.	490

(15) The suspension or termination of employment by the	491
department of defense or the veterans administration of the United	492
States for any act that violates or would violate this chapter;	493

(16) Violation of this chapter or any rules adopted under it;

494

(17) Violation of any restrictions placed by the board on a	495
nursing license or dialysis technician certificate;	496

(18) Failure to use universal and standard precautions	497
established by rules adopted under section 4723.07 of the Revised	498
Code;	499

(19) Failure to practice in accordance with acceptable and	500
prevailing standards of safe nursing care or safe dialysis care;	501

(20) In the case of a registered nurse, engaging in	502
activities that exceed the practice of nursing as a registered	503
nurse;	504

(21) In the case of a licensed practical nurse, engaging in	505
activities that exceed the practice of nursing as a licensed	506
practical nurse;	507

(22) In the case of a dialysis technician, engaging in	508
activities that exceed those permitted under section 4723.72 of	509
the Revised Code;	510

(23) Aiding and abetting a person in that person's practice	511
of nursing without a license or practice as a dialysis technician	512
without a certificate issued under this chapter;	513

(24) In the case of a certified registered nurse anesthetist,	514
clinical nurse specialist, certified nurse-midwife, or certified	515
nurse practitioner, except as provided in division (M) of this	516
section, either of the following:	517

(a) Waiving the payment of all or any part of a deductible or	518
copayment that a patient, pursuant to a health insurance or health	519
care policy, contract, or plan that covers such nursing services,	520
would otherwise be required to pay if the waiver is used as an	521
enticement to a patient or group of patients to receive health	522
care services from that provider;	523

(b) Advertising that the nurse will waive the payment of all	524
or any part of a deductible or copayment that a patient, pursuant	525
to a health insurance or health care policy, contract, or plan	526
that covers such nursing services, would otherwise be required to	527
pay.	528

(25) Failure to comply with the terms and conditions of	529
participation in the chemical dependency monitoring program	530
established under section 4723.35 of the Revised Code;	531

(26) Failure to comply with the terms and conditions required	532
under the practice intervention and improvement program	533
established under section 4723.282 of the Revised Code;	534

(27) In the case of a certified registered nurse anesthetist,	535
clinical nurse specialist, certified nurse-midwife, or certified	536
nurse practitioner:	537

(a) Engaging in activities that exceed those permitted for	538
the nurse's nursing specialty under section 4723.43 of the Revised	539
Code;	540

(b) Failure to meet the quality assurance standards	541
established under section 4723.07 of the Revised Code.	542

(28) In the case of a clinical nurse specialist, certified	543
nurse-midwife, or certified nurse practitioner, failure to	544
maintain a standard care arrangement in accordance with section	545
4723.431 of the Revised Code or to practice in accordance with the	546
standard care arrangement;	547

(29) In the case of a clinical nurse specialist, certified	548
nurse-midwife, or certified nurse practitioner who holds a	549
certificate to prescribe issued under section 4723.48 of the	550
Revised Code, failure to prescribe drugs and therapeutic devices	551
in accordance with section 4723.481 of the Revised Code;	552

(30) Prescribing any drug or device to perform or induce an	553
abortion, or otherwise performing or inducing an abortion;	554

(31) Failure to establish and maintain professional	555
boundaries with a patient, as specified in rules adopted under	556
section 4723.07 of the Revised Code;	557

(32) Regardless of whether the contact or verbal behavior is	558
consensual, engaging with a patient other than the spouse of the	559
registered nurse, licensed practical nurse, or dialysis technician	560
in any of the following:	561

(a) Sexual contact, as defined in section 2907.01 of the	562
Revised Code;	563

(b) Verbal behavior that is sexually demeaning to the patient	564
or may be reasonably interpreted by the patient as sexually	565
demeaning.	566

(33) Assisting suicide as defined in section 3795.01 of the	567
Revised Code;	568

(34) Failure to comply with section 4723.487 of the Revised	569
Code, unless the state board of pharmacy no longer maintains a	570
drug database pursuant to section 4729.75 of the Revised Code.	571

(C) Disciplinary actions taken by the board under divisions	572
(A) and (B) of this section shall be taken pursuant to an	573
adjudication conducted under Chapter 119. of the Revised Code,	574
except that in lieu of a hearing, the board may enter into a	575
consent agreement with an individual to resolve an allegation of a	576
violation of this chapter or any rule adopted under it. A consent	577
agreement, when ratified by a vote of a quorum, shall constitute	578
the findings and order of the board with respect to the matter	579
addressed in the agreement. If the board refuses to ratify a	580
consent agreement, the admissions and findings contained in the	581
agreement shall be of no effect.	582

(D) The hearings of the board shall be conducted in	583
accordance with Chapter 119. of the Revised Code, the board may	584
appoint a hearing examiner, as provided in section 119.09 of the	585
Revised Code, to conduct any hearing the board is authorized to	586
hold under Chapter 119. of the Revised Code.	587

In any instance in which the board is required under Chapter	588
119. of the Revised Code to give notice of an opportunity for a	589
hearing and the applicant, licensee, or certificate holder does	590
not make a timely request for a hearing in accordance with section	591
119.07 of the Revised Code, the board is not required to hold a	592
hearing, but may adopt, by a vote of a quorum, a final order that	593
contains the board's findings. In the final order, the board may	594
order any of the sanctions listed in division (A) or (B) of this	595
section.	596

(E) If a criminal action is brought against a registered	597
nurse, licensed practical nurse, or dialysis technician for an act	598
or crime described in divisions (B)(3) to (7) of this section and	599
the action is dismissed by the trial court other than on the	600
merits, the board shall conduct an adjudication to determine	601
whether the registered nurse, licensed practical nurse, or	602
dialysis technician committed the act on which the action was	603
based. If the board determines on the basis of the adjudication	604
that the registered nurse, licensed practical nurse, or dialysis	605
technician committed the act, or if the registered nurse, licensed	606
practical nurse, or dialysis technician fails to participate in	607
the adjudication, the board may take action as though the	608
registered nurse, licensed practical nurse, or dialysis technician	609
had been convicted of the act.	610

If the board takes action on the basis of a conviction, plea,	611
or a judicial finding as described in divisions (B)(3) to (7) of	612
this section that is overturned on appeal, the registered nurse,	613
licensed practical nurse, or dialysis technician may, on	614
exhaustion of the appeal process, petition the board for	615
reconsideration of its action. On receipt of the petition and	616
supporting court documents, the board shall temporarily rescind	617
its action. If the board determines that the decision on appeal	618
was a decision on the merits, it shall permanently rescind its	619
action. If the board determines that the decision on appeal was	620
not a decision on the merits, it shall conduct an adjudication to	621
determine whether the registered nurse, licensed practical nurse,	622
or dialysis technician committed the act on which the original	623
conviction, plea, or judicial finding was based. If the board	624
determines on the basis of the adjudication that the registered	625
nurse, licensed practical nurse, or dialysis technician committed	626
such act, or if the registered nurse, licensed practical nurse, or	627
dialysis technician does not request an adjudication, the board	628
shall reinstate its action; otherwise, the board shall permanently	629
rescind its action.	630

Notwithstanding the provision of division (C)(2) of section	631
2953.32 of the Revised Code specifying that if records pertaining	632
to a criminal case are sealed under that section the proceedings	633
in the case shall be deemed not to have occurred, sealing of the	634
following records on which the board has based an action under	635
this section shall have no effect on the board's action or any	636
sanction imposed by the board under this section: records of any	637
conviction, guilty plea, judicial finding of guilt resulting from	638
a plea of no contest, or a judicial finding of eligibility for a	639
pretrial diversion program or intervention in lieu of conviction.	640

The board shall not be required to seal, destroy, redact, or	641
otherwise modify its records to reflect the court's sealing of	642
conviction records.	643

(F) The board may investigate an individual's criminal	644
background in performing its duties under this section. As part of	645
such investigation, the board may order the individual to submit,	646
at the individual's expense, a request to the bureau of criminal	647
identification and investigation for a criminal records check and	648
check of federal bureau of investigation records in accordance	649
with the procedure described in section 4723.091 of the Revised	650
Code.	651

(G) During the course of an investigation conducted under	652
this section, the board may compel any registered nurse, licensed	653
practical nurse, or dialysis technician or applicant under this	654
chapter to submit to a mental or physical examination, or both, as	655
required by the board and at the expense of the individual, if the	656
board finds reason to believe that the individual under	657
investigation may have a physical or mental impairment that may	658
affect the individual's ability to provide safe nursing care.	659
Failure of any individual to submit to a mental or physical	660
examination when directed constitutes an admission of the	661
allegations, unless the failure is due to circumstances beyond the	662
individual's control, and a default and final order may be entered	663
without the taking of testimony or presentation of evidence.	664

If the board finds that an individual is impaired, the board	665
shall require the individual to submit to care, counseling, or	666
treatment approved or designated by the board, as a condition for	667
initial, continued, reinstated, or renewed authority to practice.	668
The individual shall be afforded an opportunity to demonstrate to	669
the board that the individual can begin or resume the individual's	670
occupation in compliance with acceptable and prevailing standards	671
of care under the provisions of the individual's authority to	672
practice.	673

For purposes of this division, any registered nurse, licensed	674
practical nurse, or dialysis technician or applicant under this	675
chapter shall be deemed to have given consent to submit to a	676
mental or physical examination when directed to do so in writing	677
by the board, and to have waived all objections to the	678
admissibility of testimony or examination reports that constitute	679
a privileged communication.	680

(H) The board shall investigate evidence that appears to show	681
that any person has violated any provision of this chapter or any	682
rule of the board. Any person may report to the board any	683
information the person may have that appears to show a violation	684
of any provision of this chapter or rule of the board. In the	685
absence of bad faith, any person who reports such information or	686
who testifies before the board in any adjudication conducted under	687
Chapter 119. of the Revised Code shall not be liable for civil	688
damages as a result of the report or testimony.	689

(I) All of the following apply under this chapter with	690
respect to the confidentiality of information:	691

(1) Information received by the board pursuant to a complaint	692
or an investigation is confidential and not subject to discovery	693
in any civil action, except that the board may disclose	694
information to law enforcement officers and government entities	695
for purposes of an investigation of either a licensed health care	696
professional, including a registered nurse, licensed practical	697
nurse, or dialysis technician, or a person who may have engaged in	698
the unauthorized practice of nursing or dialysis care. No law	699
enforcement officer or government entity with knowledge of any	700
information disclosed by the board pursuant to this division shall	701
divulge the information to any other person or government entity	702
except for the purpose of a government investigation, a	703
prosecution, or an adjudication by a court or government entity.	704

(2) If an investigation requires a review of patient records,	705
the investigation and proceeding shall be conducted in such a	706
manner as to protect patient confidentiality.	707

(3) All adjudications and investigations of the board shall	708
be considered civil actions for the purposes of section 2305.252	709
of the Revised Code.	710

(4) Any board activity that involves continued monitoring of	711
an individual as part of or following any disciplinary action	712
taken under this section shall be conducted in a manner that	713
maintains the individual's confidentiality. Information received	714
or maintained by the board with respect to the board's monitoring	715
activities is not subject to discovery in any civil action and is	716
confidential, except that the board may disclose information to	717
law enforcement officers and government entities for purposes of	718
an investigation of a licensee or certificate holder.	719

(J) Any action taken by the board under this section	720
resulting in a suspension from practice shall be accompanied by a	721
written statement of the conditions under which the person may be	722
reinstated to practice.	723

(K) When the board refuses to grant a license or certificate	724
to an applicant, revokes a license or certificate, or refuses to	725
reinstate a license or certificate, the board may specify that its	726
action is permanent. An individual subject to permanent action	727
taken by the board is forever ineligible to hold a license or	728
certificate of the type that was refused or revoked and the board	729
shall not accept from the individual an application for	730
reinstatement of the license or certificate or for a new license	731
or certificate.	732

(L) No unilateral surrender of a nursing license, certificate	733
of authority, or dialysis technician certificate issued under this	734
chapter shall be effective unless accepted by majority vote of the	735
board. No application for a nursing license, certificate of	736
authority, or dialysis technician certificate issued under this	737
chapter may be withdrawn without a majority vote of the board. The	738
board's jurisdiction to take disciplinary action under this	739
section is not removed or limited when an individual has a license	740
or certificate classified as inactive or fails to renew a license	741
or certificate.	742

(M) Sanctions shall not be imposed under division (B)(24) of	743
this section against any licensee who waives deductibles and	744
copayments as follows:	745

(1) In compliance with the health benefit plan that expressly	746
allows such a practice. Waiver of the deductibles or copayments	747
shall be made only with the full knowledge and consent of the plan	748
purchaser, payer, and third-party administrator. Documentation of	749
the consent shall be made available to the board upon request.	750

(2) For professional services rendered to any other person	751
licensed pursuant to this chapter to the extent allowed by this	752
chapter and the rules of the board.	753

Sec. 4723.486. (A) A certificate to prescribe issued under	754
section 4723.48 of the Revised Code that is not issued as an	755
externship certificate is valid for two years, unless otherwise	756
provided in rules adopted under section 4723.50 of the Revised	757
Code or earlier suspended or revoked by the board. The board of	758
nursing shall renew certificates to prescribe according to	759
procedures and a renewal schedule established in rules adopted	760
under section 4723.50 of the Revised Code.	761

(B) ~~The~~Except as provided in division (C) of this section,	762
the board may renew a certificate to prescribe if the holder	763
submits to the board all of the following:	764

(1) Evidence of having completed during the previous two	765
years at least twelve hours of continuing education in advanced	766
pharmacology, or, if the certificate has been held for less than a	767
full renewal period, the number of hours required by the board in	768
rules adopted under section 4723.50 of the Revised Code;	769

(2) The fee required under section 4723.08 of the Revised	770
Code for renewal of a certificate to prescribe;	771

(3) Any additional information the board requires pursuant to	772
rules adopted under section 4723.50 of the Revised Code.	773

(C)(1) Except as provided in division (C)(2) of this section,	774
in the case of a certificate holder seeking renewal who prescribes	775
opioid analgesics or benzodiazepines, the holder shall certify to	776
the board whether the holder has been granted access to the drug	777
database established and maintained by the state board of pharmacy	778
pursuant to section 4729.75 of the Revised Code.	779

(2) The requirement in division (C)(1) of this section does	780
not apply if either of the following is the case:	781

(a) The state board of pharmacy notifies the board of nursing	782
pursuant to section 4729.861 of the Revised Code that the	783
certificate holder has been restricted from obtaining further	784
information from the drug database.	785

(b) The state board of pharmacy no longer maintains the drug	786
database.	787

(3) If a certificate holder certifies to the board of nursing	788
that the holder has been granted access to the drug database and	789
the board finds through an audit or other means that the holder	790
has not been granted access, the board may take action under	791
section 4723.28 of the Revised Code.	792

(D) The continuing education in pharmacology required under	793
division (B)(1) of this section must be received from an	794
accredited institution recognized by the board. The hours of	795
continuing education required are in addition to any other	796
continuing education requirement that must be completed pursuant	797
to this chapter.	798

Sec. 4723.487. (A) As used in this section, "drug database"	799
means the database established and maintained by the state board	800
of pharmacy pursuant to section 4729.75 of the Revised Code.	801

(B) ~~The~~Except as provided in divisions (C) and (E) of this	802
section, an advanced practice registered nurse holding a	803
certificate to prescribe issued under this chapter shall comply	804
with all of the following as conditions of prescribing a drug that	805
is either an opioid analgesic or a benzodiazepine as part of a	806
patient's course of treatment for a particular condition:	807

(1) Before initially prescribing the drug, the nurse or the	808
nurse's delegate shall request from the drug database a report of	809
information related to the patient that covers at least the twelve	810
months immediately preceding the date of the request. If the nurse	811
practices primarily in a county of this state that adjoins another	812
state, the nurse or delegate also shall request a report of any	813
information available in the drug database that pertains to	814
prescriptions issued or drugs furnished to the patient in the	815
state adjoining that county.	816

(2) If the patient's course of treatment for the condition	817
continues for more than ninety days after the initial report is	818
requested, the nurse or delegate shall make periodic requests for	819
reports of information from the drug database until the course of	820
treatment has ended. The requests shall be made at intervals not	821
exceeding ninety days, determined according to the date the	822
initial request was made. The request shall be made in the same	823
manner provided in division (B)(1) of this section for requesting	824
the initial report of information from the drug database.	825

(3) On receipt of a report under division (B)(1) or (2) of	826
this section, the nurse shall assess the information in the	827
report. The nurse shall document in the patient's record that the	828
report was received and the information was assessed.	829

(C) Division (B) of this section does not apply if in any of	830
the following circumstances:	831

(1) A drug database report regarding the patient is not	832
available, in which case the nurse shall document in the patient's	833
record the reason that the report is not available.	834

(2) The drug is prescribed in an amount indicated for a	835
period not to exceed seven days.	836

(3) The drug is prescribed for the treatment of cancer or	837
another condition associated with cancer.	838

(4) The drug is prescribed to a hospice patient in a hospice	839
care program, as those terms are defined in section 3712.01 of the	840
Revised Code, or any other patient diagnosed as terminally ill.	841

(5) The drug is prescribed for administration in a hospital,	842
nursing home, or residential care facility.	843

(D) With respect to prescribing any drug that is not an	844
opioid analgesic or a benzodiazepine but is included in the drug	845
database pursuant to rules adopted under section 4729.84 of the	846
Revised Code, the board of nursing shall adopt rules ~~in accordance~~	847
~~with Chapter 119. of the Revised Code~~ that establish standards and	848
procedures to be followed by an advanced practice registered nurse	849
with a certificate to prescribe issued under section 4723.48 of	850
the Revised Code regarding the review of patient information	851
available through the drug database under division (A)(5) of	852
section 4729.80 of the Revised Code. The rules shall be adopted in	853
accordance with Chapter 119. of the Revised Code.	854

~~(C)~~(E) This section and the rules adopted under it do not	855
apply if the state board of pharmacy no longer maintains the drug	856
database.	857

Sec. 4725.092. (A) As used in this section, "drug database"	858
means the database established and maintained by the state board	859
of pharmacy pursuant to section 4729.75 of the Revised Code.	860

(B) ~~The~~Except as provided in divisions (C) and (E) of this	861
section, an optometrist holding a therapeutic pharmaceutical	862
agents certificate shall comply with all of the following as	863
conditions of prescribing a drug that is either an opioid	864
analgesic or a benzodiazepine, or personally furnishing a complete	865
or partial supply of such a drug, as part of a patient's course of	866
treatment for a particular condition:	867

(1) Before initially prescribing or furnishing the drug, the	868
optometrist or the optometrist's delegate shall request from the	869
drug database a report of information related to the patient that	870
covers at least the twelve months immediately preceding the date	871
of the request. If the optometrist practices primarily in a county	872
of this state that adjoins another state, the optometrist or	873
delegate also shall request a report of any information available	874
in the drug database that pertains to prescriptions issued or	875
drugs furnished to the patient in the state adjoining that county.	876

(2) If the patient's course of treatment for the condition	877
continues for more than ninety days after the initial report is	878
requested, the optometrist or delegate shall make periodic	879
requests for reports of information from the drug database until	880
the course of treatment has ended. The requests shall be made at	881
intervals not exceeding ninety days, determined according to the	882
date the initial request was made. The request shall be made in	883
the same manner provided in division (B)(1) of this section for	884
requesting the initial report of information from the drug	885
database.	886

(3) On receipt of a report under division (B)(1) or (2) of	887
this section, the optometrist shall assess the information in the	888
report. The optometrist shall document in the patient's record	889
that the report was received and the information was assessed.	890

(C)(1) Division (B) of this section does not apply if a drug	891
database report regarding the patient is not available. In this	892
event, the optometrist shall document in the patient's record the	893
reason that the report is not available.	894

(2) Division (B) of this section does not apply if the drug	895
is prescribed or personally furnished in an amount indicated for a	896
period not to exceed seven days.	897

(D) With respect to prescribing or personally furnishing any	898
drug that is not an opioid analgesic or a benzodiazepine but is	899
included in the drug database pursuant to rules adopted under	900
section 4729.84 of the Revised Code, the state board of optometry	901
shall adopt rules ~~in accordance with Chapter 119. of the Revised~~	902
~~Code~~ that establish standards and procedures to be followed by an	903
optometrist who holds a therapeutic pharmaceutical agents	904
certificate regarding the review of patient information available	905
through the drug database under division (A)(5) of section 4729.80	906
of the Revised Code. The rules shall be adopted in accordance with	907
Chapter 119. of the Revised Code.	908

~~(C)~~(E) This section and the rules adopted under it do not	909
apply if the state board of pharmacy no longer maintains the drug	910
database.	911

Sec. 4725.16. (A)(1) Each certificate of licensure, topical	912
ocular pharmaceutical agents certificate, and therapeutic	913
pharmaceutical agents certificate issued by the state board of	914
optometry shall expire annually on the last day of December, and	915
may be renewed in accordance with this section and the standard	916
renewal procedure established under Chapter 4745. of the Revised	917
Code.	918

(2) An optometrist seeking to continue to practice optometry	919
shall file with the board an application for license renewal. The	920
application shall be in such form and require such pertinent	921
professional biographical data as the board may require.	922

(3)(a) Except as provided in division (A)(3)(b) of this	923
section, in the case of an optometrist seeking renewal who holds a	924
topical ocular pharmaceutical agents certificate and who	925
prescribes or personally furnishes opioid analgesics or	926
benzodiazepines, the optometrist shall certify to the board	927
whether the optometrist has been granted access to the drug	928
database established and maintained by the state board of pharmacy	929
pursuant to section 4729.75 of the Revised Code.	930

(b) The requirement in division (A)(3)(a) of this section	931
does not apply if either of the following is the case:	932

(i) The state board of pharmacy notifies the state board of	933
optometry pursuant to section 4729.861 of the Revised Code that	934
the certificate holder has been restricted from obtaining further	935
information from the drug database.	936

(ii) The state board of pharmacy no longer maintains the drug	937
database.	938

(c) If an optometrist certifies to the state board of	939
optometry that the optometrist has been granted access to the drug	940
database and the board finds through an audit or other means that	941
the optometrist has not been granted access, the board may take	942
action under section 4725.19 of the Revised Code.	943

(B) All licensed optometrists shall annually complete	944
continuing education in subjects relating to the practice of	945
optometry, to the end that the utilization and application of new	946
techniques, scientific and clinical advances, and the achievements	947
of research will assure comprehensive care to the public. The	948
board shall prescribe by rule the continuing optometric education	949
that licensed optometrists must complete. The length of study	950
shall be twenty-five clock hours each year, including ten clock	951
hours of instruction in pharmacology to be completed by all	952
licensed optometrists.	953

Unless the continuing education required under this division	954
is waived or deferred under division (D) of this section, the	955
continuing education must be completed during the twelve-month	956
period beginning on the first day of October and ending on the	957
last day of September. If the board receives notice from a	958
continuing education program indicating that an optometrist	959
completed the program after the last day of September, and the	960
optometrist wants to use the continuing education completed after	961
that day to renew the license that expires on the last day of	962
December of that year, the optometrist shall pay the penalty	963
specified under section 4725.34 of the Revised Code for late	964
completion of continuing education.	965

At least once annually, the board shall post on its web site	966
and shall mail, or send by electronic mail, to each licensed	967
optometrist a list of courses approved in accordance with	968
standards prescribed by board rule. Upon the request of a licensed	969
optometrist, the executive director of the board shall supply a	970
list of additional courses that the board has approved subsequent	971
to the most recent web site posting, electronic mail transmission,	972
or mailing of the list of approved courses.	973

(C)(1) Annually, not later than the first day of November,	974
the board shall mail or send by electronic mail a notice regarding	975
license renewal to each licensed optometrist who may be eligible	976
for renewal. The notice shall be sent to the optometrist's most	977
recent electronic mail or mailing address shown in the board's	978
records. If the board knows that the optometrist has completed the	979
required continuing optometric education for the year, the board	980
may include with the notice an application for license renewal.	981

(2) Filing a license renewal application with the board shall	982
serve as notice by the optometrist that the continuing optometric	983
education requirement has been successfully completed. If the	984
board finds that an optometrist has not completed the required	985
continuing optometric education, the board shall disapprove the	986
optometrist's application. The board's disapproval of renewal is	987
effective without a hearing, unless a hearing is requested	988
pursuant to Chapter 119. of the Revised Code.	989

(3) The board shall refuse to accept an application for	990
renewal from any applicant whose license is not in good standing	991
or who is under disciplinary review pursuant to section 4725.19 of	992
the Revised Code.	993

(4) Notice of an applicant's failure to qualify for renewal	994
shall be served upon the applicant by mail. The notice shall be	995
sent not later than the fifteenth day of November to the	996
applicant's last address shown in the board's records.	997

(D) In cases of certified illness or undue hardship, the	998
board may waive or defer for up to twelve months the requirement	999
of continuing optometric education, except that in such cases the	1000
board may not waive or defer the continuing education in	1001
pharmacology required to be completed by optometrists who hold	1002
topical ocular pharmaceutical agents certificates or therapeutic	1003
pharmaceutical agents certificates. The board shall waive the	1004
requirement of continuing optometric education for any optometrist	1005
who is serving on active duty in the armed forces of the United	1006
States or a reserve component of the armed forces of the United	1007
States, including the Ohio national guard or the national guard of	1008
any other state or who has received an initial certificate of	1009
licensure during the nine-month period which ended on the last day	1010
of September.	1011

(E) An optometrist whose renewal application has been	1012
approved may renew each certificate held by paying to the	1013
treasurer of state the fees for renewal specified under section	1014
4725.34 of the Revised Code. On payment of all applicable fees,	1015
the board shall issue a renewal of the optometrist's certificate	1016
of licensure, topical ocular pharmaceutical agents certificate,	1017
and therapeutic pharmaceutical agents certificate, as appropriate.	1018

(F) Not later than the fifteenth day of December, the board	1019
shall mail or send by electronic mail a second notice regarding	1020
license renewal to each licensed optometrist who may be eligible	1021
for renewal but did not respond to the notice sent under division	1022
(C)(1) of this section. The notice shall be sent to the	1023
optometrist's most recent electronic mail or mailing address shown	1024
in the board's records. If an optometrist fails to file a renewal	1025
application after the second notice is sent, the board shall send	1026
a third notice regarding license renewal prior to any action under	1027
division (I) of this section to classify the optometrist's	1028
certificates as delinquent.	1029

(G) The failure of an optometrist to apply for license	1030
renewal or the failure to pay the applicable annual renewal fees	1031
on or before the date of expiration, shall automatically work a	1032
forfeiture of the optometrist's authority to practice optometry in	1033
this state.	1034

(H) The board shall accept renewal applications and renewal	1035
fees that are submitted from the first day of January to the last	1036
day of April of the year next succeeding the date of expiration.	1037
An individual who submits such a late renewal application or fee	1038
shall pay the late renewal fee specified in section 4725.34 of the	1039
Revised Code.	1040

(I)(1) If the certificates issued by the board to an	1041
individual have expired and the individual has not filed a	1042
complete application during the late renewal period, the	1043
individual's certificates shall be classified in the board's	1044
records as delinquent.	1045

(2) Any optometrist subject to delinquent classification may	1046
submit a written application to the board for reinstatement. For	1047
reinstatement to occur, the applicant must meet all of the	1048
following conditions:	1049

(a) Submit to the board evidence of compliance with board	1050
rules requiring continuing optometric education in a sufficient	1051
number of hours to make up for any delinquent compliance;	1052

(b) Pay the renewal fees for the year in which application	1053
for reinstatement is made and the reinstatement fee specified	1054
under division (A)(8) of section 4725.34 of the Revised Code;	1055

(c) Pass all or part of the licensing examination accepted by	1056
the board under section 4725.11 of the Revised Code as the board	1057
considers appropriate to determine whether the application for	1058
reinstatement should be approved;	1059

(d) If the applicant has been practicing optometry in another	1060
state or country, submit evidence that the applicant's license to	1061
practice optometry in the other state or country is in good	1062
standing.	1063

(3) The board shall approve an application for reinstatement	1064
if the conditions specified in division (I)(2) of this section are	1065
met. An optometrist who receives reinstatement is subject to the	1066
continuing education requirements specified under division (B) of	1067
this section for the year in which reinstatement occurs.	1068

Sec. 4725.19. (A) In accordance with Chapter 119. of the	1069
Revised Code and by an affirmative vote of a majority of its	1070
members, the state board of optometry, for any of the reasons	1071
specified in division (B) of this section, shall refuse to grant a	1072
certificate of licensure to an applicant and may, with respect to	1073
a licensed optometrist, do one or more of the following:	1074

(1) Suspend the operation of any certificate of licensure,	1075
topical ocular pharmaceutical agents certificate, or therapeutic	1076
pharmaceutical agents certificate, or all certificates granted by	1077
it to the optometrist;	1078

(2) Permanently revoke any or all of the certificates;

1079

(3) Limit or otherwise place restrictions on any or all of	1080
the certificates;	1081

(4) Reprimand the optometrist;

1082

(5) Impose a monetary penalty. If the reason for which the	1083
board is imposing the penalty involves a criminal offense that	1084
carries a fine under the Revised Code, the penalty shall not	1085
exceed the maximum fine that may be imposed for the criminal	1086
offense. In any other case, the penalty imposed by the board shall	1087
not exceed five hundred dollars.	1088

(6) Require the optometrist to take corrective action	1089
courses.	1090

The amount and content of corrective action courses shall be	1091
established by the board in rules adopted under section 4725.09 of	1092
the Revised Code.	1093

(B) The sanctions specified in division (A) of this section	1094
may be taken by the board for any of the following reasons:	1095

(1) Committing fraud in passing the licensing examination or	1096
making false or purposely misleading statements in an application	1097
for a certificate of licensure;	1098

(2) Being at any time guilty of immorality, regardless of the	1099
jurisdiction in which the act was committed;	1100

(3) Being guilty of dishonesty or unprofessional conduct in	1101
the practice of optometry;	1102

(4) Being at any time guilty of a felony, regardless of the	1103
jurisdiction in which the act was committed;	1104

(5) Being at any time guilty of a misdemeanor committed in	1105
the course of practice, regardless of the jurisdiction in which	1106
the act was committed;	1107

(6) Violating the conditions of any limitation or other	1108
restriction placed by the board on any certificate issued by the	1109
board;	1110

(7) Engaging in the practice of optometry as provided in	1111
division (A)(1), (2), or (3) of section 4725.01 of the Revised	1112
Code when the certificate authorizing that practice is under	1113
suspension, in which case the board shall permanently revoke the	1114
certificate;	1115

(8) Being denied a license to practice optometry in another	1116
state or country or being subject to any other sanction by the	1117
optometric licensing authority of another state or country, other	1118
than sanctions imposed for the nonpayment of fees;	1119

(9) Departing from or failing to conform to acceptable and	1120
prevailing standards of care in the practice of optometry as	1121
followed by similar practitioners under the same or similar	1122
circumstances, regardless of whether actual injury to a patient is	1123
established;	1124

(10) Failing to maintain comprehensive patient records;

1125

(11) Advertising a price of optical accessories, eye	1126
examinations, or other products or services by any means that	1127
would deceive or mislead the public;	1128

(12) Being addicted to the use of alcohol, stimulants,	1129
narcotics, or any other substance which impairs the intellect and	1130
judgment to such an extent as to hinder or diminish the	1131
performance of the duties included in the person's practice of	1132
optometry;	1133

(13) Engaging in the practice of optometry as provided in	1134
division (A)(2) or (3) of section 4725.01 of the Revised Code	1135
without authority to do so or, if authorized, in a manner	1136
inconsistent with the authority granted;	1137

(14) Failing to make a report to the board as required by	1138
division (A) of section 4725.21 or section 4725.31 of the Revised	1139
Code;	1140

(15) Soliciting patients from door to door or establishing	1141
temporary offices, in which case the board shall suspend all	1142
certificates held by the optometrist;	1143

(16) Failing to comply with section 4725.092 of the Revised	1144
Code, unless the state board of pharmacy no longer maintains a	1145
drug database pursuant to section 4729.75 of the Revised Code;	1146

(17) Except as provided in division (D) of this section:

1147

(a) Waiving the payment of all or any part of a deductible or	1148
copayment that a patient, pursuant to a health insurance or health	1149
care policy, contract, or plan that covers optometric services,	1150
would otherwise be required to pay if the waiver is used as an	1151
enticement to a patient or group of patients to receive health	1152
care services from that optometrist.	1153

(b) Advertising that the optometrist will waive the payment	1154
of all or any part of a deductible or copayment that a patient,	1155
pursuant to a health insurance or health care policy, contract, or	1156
plan that covers optometric services, would otherwise be required	1157
to pay.	1158

(C) Any person who is the holder of a certificate of	1159
licensure, or who is an applicant for a certificate of licensure	1160
against whom is preferred any charges, shall be furnished by the	1161
board with a copy of the complaint and shall have a hearing before	1162
the board in accordance with Chapter 119. of the Revised Code.	1163

(D) Sanctions shall not be imposed under division (B)~~(16)~~(17)	1164
of this section against any optometrist who waives deductibles and	1165
copayments:	1166

(1) In compliance with the health benefit plan that expressly	1167
allows such a practice. Waiver of the deductibles or copayments	1168
shall be made only with the full knowledge and consent of the plan	1169
purchaser, payer, and third-party administrator. Documentation of	1170
the consent shall be made available to the board upon request.	1171

(2) For professional services rendered to any other	1172
optometrist licensed by the board, to the extent allowed by	1173
sections 4725.01 to 4725.34 of the Revised Code and the rules of	1174
the board.	1175

Sec. 4729.12. An identification card issued by the state	1176
board of pharmacy under section 4729.08 of the Revised Code	1177
entitles the individual to whom it is issued to practice as a	1178
pharmacist or as a pharmacy intern in this state until the next	1179
annual renewal date.	1180

Identification cards shall be renewed annually on the	1181
fifteenth day of September, according to the standard renewal	1182
procedure of Chapter 4745. of the Revised Code.	1183

Each pharmacist and pharmacy intern shall carry the	1184
identification card or renewal identification card while engaged	1185
in the practice of pharmacy. The license shall be conspicuously	1186
exposed at the principal place where the pharmacist or pharmacy	1187
intern practices pharmacy.	1188

A pharmacist or pharmacy intern who desires to continue in	1189
the practice of pharmacy shall file with the board an application	1190
in such form and containing such data as the board may require for	1191
renewal of an identification card. An application filed under this	1192
section may not be withdrawn without the approval of the board. If	1193
the board finds that the applicant's card has not been revoked or	1194
placed under suspension and that the applicant has paid the	1195
renewal fee, has continued pharmacy education in accordance with	1196
the rules of the board, has been granted access to the drug	1197
database established and maintained by the board pursuant to	1198
section 4729.75 of the Revised Code (unless the board has	1199
restricted the applicant from obtaining any further information	1200
from the database or the board no longer maintains the database),	1201
and is entitled to continue in the practice of pharmacy, the board	1202
shall issue a renewal identification card to the applicant.	1203

When an identification card has lapsed for more than sixty	1204
days but application is made within three years after the	1205
expiration of the card, the applicant shall be issued a renewal	1206
identification card without further examination if the applicant	1207
meets the requirements of this section and pays the fee designated	1208
under division (E) of section 4729.15 of the Revised Code.	1209

Sec. 4729.80. (A) If the state board of pharmacy establishes	1210
and maintains a drug database pursuant to section 4729.75 of the	1211
Revised Code, the board is authorized or required to provide	1212
information from the database in accordance with the following:	1213

(1) On receipt of a request from a designated representative	1214
of a government entity responsible for the licensure, regulation,	1215
or discipline of health care professionals with authority to	1216
prescribe, administer, or dispense drugs, the board may provide to	1217
the representative information from the database relating to the	1218
professional who is the subject of an active investigation being	1219
conducted by the government entity.	1220

(2) On receipt of a request from a federal officer, or a	1221
state or local officer of this or any other state, whose duties	1222
include enforcing laws relating to drugs, the board shall provide	1223
to the officer information from the database relating to the	1224
person who is the subject of an active investigation of a drug	1225
abuse offense, as defined in section 2925.01 of the Revised Code,	1226
being conducted by the officer's employing government entity.	1227

(3) Pursuant to a subpoena issued by a grand jury, the board	1228
shall provide to the grand jury information from the database	1229
relating to the person who is the subject of an investigation	1230
being conducted by the grand jury.	1231

(4) Pursuant to a subpoena, search warrant, or court order in	1232
connection with the investigation or prosecution of a possible or	1233
alleged criminal offense, the board shall provide information from	1234
the database as necessary to comply with the subpoena, search	1235
warrant, or court order.	1236

(5) On receipt of a request from a prescriber or the	1237
prescriber's delegate approved by the board, the board ~~may~~shall	1238
provide to the prescriber a report of information from the	1239
database relating to a patient who is either ~~of the following~~a	1240
current patient of the prescriber or a potential patient of the	1241
prescriber based on a referral of the patient to the prescriber,	1242
if ~~the prescriber certifies in a form specified by the board that~~	1243
~~it is for the purpose of providing medical treatment to the~~	1244
~~patient who is the subject of the request~~all of the following	1245
conditions are met:	1246

(a) ~~A current patient of the prescriber~~The prescriber	1247
certifies in a form specified by the board that it is for the	1248
purpose of providing medical treatment to the patient who is the	1249
subject of the request;	1250

(b) ~~A potential patient of the prescriber based on a referral~~	1251
~~of the patient to the prescriber~~The prescriber has not been	1252
denied access to the database by the board.	1253

(6) On receipt of a request from a pharmacist or the	1254
pharmacist's delegate approved by the board, the board ~~may~~shall	1255
provide to the pharmacist information from the database relating	1256
to a current patient of the pharmacist, if the pharmacist	1257
certifies in a form specified by the board that it is for the	1258
purpose of the pharmacist's practice of pharmacy involving the	1259
patient who is the subject of the request and the pharmacist has	1260
not been denied access to the database by the board.	1261

(7) On receipt of a request from an individual seeking the	1262
individual's own database information in accordance with the	1263
procedure established in rules adopted under section 4729.84 of	1264
the Revised Code, the board may provide to the individual the	1265
individual's own database information.	1266

(8) On receipt of a request from the medical director of a	1267
managed care organization that has entered into a contract with	1268
the department of medicaid under section 5167.10 of the Revised	1269
Code and a data security agreement with the board required by	1270
section 5167.14 of the Revised Code, the board shall provide to	1271
the medical director information from the database relating to a	1272
medicaid recipient enrolled in the managed care organization,	1273
including information in the database related to prescriptions for	1274
the recipient that were not covered or reimbursed under a program	1275
administered by the department of medicaid.	1276

(9) On receipt of a request from the medicaid director, the	1277
board shall provide to the director information from the database	1278
relating to a recipient of a program administered by the	1279
department of medicaid, including information in the database	1280
related to prescriptions for the recipient that were not covered	1281
or paid by a program administered by the department.	1282

(10) On receipt of a request from the medical director of a	1283
managed care organization that has entered into a contract with	1284
the administrator of workers' compensation under division (B)(4)	1285
of section 4121.44 of the Revised Code and a data security	1286
agreement with the board required by section 4121.443 of the	1287
Revised Code, the board shall provide to the medical director	1288
information from the database relating to a claimant under Chapter	1289
4121., 4123., 4127., or 4131. of the Revised Code assigned to the	1290
managed care organization, including information in the database	1291
related to prescriptions for the claimant that were not covered or	1292
reimbursed under Chapter 4121., 4123., 4127., or 4131. of the	1293
Revised Code, if the administrator of workers' compensation	1294
confirms, upon request from the board, that the claimant is	1295
assigned to the managed care organization.	1296

(11) On receipt of a request from the administrator of	1297
workers' compensation, the board ~~may~~shall provide to the	1298
administrator information from the database relating to a claimant	1299
under Chapter 4121., 4123., 4127., or 4131. of the Revised Code,	1300
including information in the database related to prescriptions for	1301
the claimant that were not covered or reimbursed under Chapter	1302
4121., 4123., 4127., or 4131. of the Revised Code.	1303

~~(11)~~(12) On receipt of a request from a prescriber or the	1304
prescriber's delegate approved by the board, the board shall	1305
provide to the prescriber information from the database relating	1306
to a patient's mother, if the prescriber certifies in a form	1307
specified by the board that it is for the purpose of providing	1308
medical treatment to a newborn or infant patient diagnosed as	1309
opioid dependent and the prescriber has not been denied access to	1310
the database by the board.	1311

(13) On receipt of a request from a requestor described in	1312
division (A)(1), (2), (5), or (6) of this section who is from or	1313
participating with another state's prescription monitoring	1314
program, the board may provide to the requestor information from	1315
the database, but only if there is a written agreement under which	1316
the information is to be used and disseminated according to the	1317
laws of this state.	1318

(B) The state board of pharmacy shall maintain a record of	1319
each individual or entity that requests information from the	1320
database pursuant to this section. In accordance with rules	1321
adopted under section 4729.84 of the Revised Code, the board may	1322
use the records to document and report statistics and law	1323
enforcement outcomes.	1324

The board may provide records of an individual's requests for	1325
database information to the following:	1326

(1) A designated representative of a government entity that	1327
is responsible for the licensure, regulation, or discipline of	1328
health care professionals with authority to prescribe, administer,	1329
or dispense drugs who is involved in an active investigation being	1330
conducted by the government entity of the individual who submitted	1331
the requests for database information;	1332

(2) A federal officer, or a state or local officer of this or	1333
any other state, whose duties include enforcing laws relating to	1334
drugs and who is involved in an active investigation being	1335
conducted by the officer's employing government entity of the	1336
individual who submitted the requests for database information.	1337

(C) Information contained in the database and any information	1338
obtained from it is not a public record. Information contained in	1339
the records of requests for information from the database is not a	1340
public record. Information that does not identify a person may be	1341
released in summary, statistical, or aggregate form.	1342

(D) A pharmacist or prescriber shall not be held liable in	1343
damages to any person in any civil action for injury, death, or	1344
loss to person or property on the basis that the pharmacist or	1345
prescriber did or did not seek or obtain information from the	1346
database.	1347

Sec. 4729.86. If the state board of pharmacy establishes and	1348
maintains a drug database pursuant to section 4729.75 of the	1349
Revised Code, all of the following apply:	1350

(A)(1) No person identified in divisions (A)(1) to ~~(10)~~(12)	1351
or (B) of section 4729.80 of the Revised Code shall disseminate	1352
any written or electronic information the person receives from the	1353
drug database or otherwise provide another person access to the	1354
information that the person receives from the database, except as	1355
follows:	1356

(a) When necessary in the investigation or prosecution of a	1357
possible or alleged criminal offense;	1358

(b) When a person provides the information to the prescriber	1359
or pharmacist for whom the person is approved by the board to	1360
serve as a delegate of the prescriber or pharmacist for purposes	1361
of requesting and receiving information from the drug database	1362
under division (A)(5) or (6) of section 4729.80 of the Revised	1363
Code;	1364

(c) When a prescriber or pharmacist provides the information	1365
to a person who is approved by the board to serve as such a	1366
delegate of the prescriber or pharmacist.	1367

(2) No person shall provide false information to the state	1368
board of pharmacy with the intent to obtain or alter information	1369
contained in the drug database.	1370

(3) No person shall obtain drug database information by any	1371
means except as provided under section 4729.80 or 4729.81 of the	1372
Revised Code.	1373

(B) A person shall not use information obtained pursuant to	1374
division (A) of section 4729.80 of the Revised Code as evidence in	1375
any civil or administrative proceeding.	1376

(C)(1) ~~The~~Except as provided in division (C)(2) of this	1377
section, after providing notice and affording an opportunity for a	1378
hearing in accordance with Chapter 119. of the Revised Code, the	1379
board may restrict a person from obtaining further information	1380
from the drug database if any of the following is the case:	1381

(a) The person violates division (A)(1), (2), or (3) of this	1382
section;	1383

(b) The person is a requestor identified in division	1384
(A)~~(11)~~(13) of section 4729.80 of the Revised Code and the board	1385
determines that the person's actions in another state would have	1386
constituted a violation of division (A)(1), (2), or (3) of this	1387
section;	1388

(c) The person fails to comply with division (B) of this	1389
section, regardless of the jurisdiction in which the failure to	1390
comply occurred;	1391

(d) The person creates, by clear and convincing evidence, a	1392
threat to the security of information contained in the database.	1393

(2) If the board determines that allegations regarding a	1394
person's actions warrant restricting the person from obtaining	1395
further information from the drug database without a prior	1396
hearing, the board may summarily impose the restriction. A	1397
telephone conference call may be used for reviewing the	1398
allegations and taking a vote on the summary restriction. The	1399
summary restriction shall remain in effect, unless removed by the	1400
board, until the board's final adjudication order becomes	1401
effective.	1402

(3) The board shall determine the extent to which the person	1403
is restricted from obtaining further information from the	1404
database.	1405

Sec. 4729.861. If the state board of pharmacy establishes	1406
and maintains a drug database pursuant to section 4729.75 of the	1407
Revised Code and if the board restricts a prescriber from	1408
obtaining further information from the database pursuant to	1409
division (C) of section 4729.86 of the Revised Code, the board	1410
shall notify the government entity responsible for licensing the	1411
prescriber.	1412

Sec. 4730.25. (A) The state medical board, by an affirmative	1413
vote of not fewer than six members, may revoke or may refuse to	1414
grant a certificate to practice as a physician assistant or a	1415
certificate to prescribe to a person found by the board to have	1416
committed fraud, misrepresentation, or deception in applying for	1417
or securing the certificate.	1418

(B) The board, by an affirmative vote of not fewer than six	1419
members, shall, to the extent permitted by law, limit, revoke, or	1420
suspend an individual's certificate to practice as a physician	1421
assistant or certificate to prescribe, refuse to issue a	1422
certificate to an applicant, refuse to reinstate a certificate, or	1423
reprimand or place on probation the holder of a certificate for	1424
any of the following reasons:	1425

(1) Failure to practice in accordance with the conditions	1426
under which the supervising physician's supervision agreement with	1427
the physician assistant was approved, including the requirement	1428
that when practicing under a particular supervising physician, the	1429
physician assistant must practice only according to the physician	1430
supervisory plan the board approved for that physician or the	1431
policies of the health care facility in which the supervising	1432
physician and physician assistant are practicing;	1433

(2) Failure to comply with the requirements of this chapter,	1434
Chapter 4731. of the Revised Code, or any rules adopted by the	1435
board;	1436

(3) Violating or attempting to violate, directly or	1437
indirectly, or assisting in or abetting the violation of, or	1438
conspiring to violate, any provision of this chapter, Chapter	1439
4731. of the Revised Code, or the rules adopted by the board;	1440

(4) Inability to practice according to acceptable and	1441
prevailing standards of care by reason of mental illness or	1442
physical illness, including physical deterioration that adversely	1443
affects cognitive, motor, or perceptive skills;	1444

(5) Impairment of ability to practice according to acceptable	1445
and prevailing standards of care because of habitual or excessive	1446
use or abuse of drugs, alcohol, or other substances that impair	1447
ability to practice;	1448

(6) Administering drugs for purposes other than those	1449
authorized under this chapter;	1450

(7) Willfully betraying a professional confidence;

1451

(8) Making a false, fraudulent, deceptive, or misleading	1452
statement in soliciting or advertising for employment as a	1453
physician assistant; in connection with any solicitation or	1454
advertisement for patients; in relation to the practice of	1455
medicine as it pertains to physician assistants; or in securing or	1456
attempting to secure a certificate to practice as a physician	1457
assistant, a certificate to prescribe, or approval of a	1458
supervision agreement.	1459

As used in this division, "false, fraudulent, deceptive, or	1460
misleading statement" means a statement that includes a	1461
misrepresentation of fact, is likely to mislead or deceive because	1462
of a failure to disclose material facts, is intended or is likely	1463
to create false or unjustified expectations of favorable results,	1464
or includes representations or implications that in reasonable	1465
probability will cause an ordinarily prudent person to	1466
misunderstand or be deceived.	1467

(9) Representing, with the purpose of obtaining compensation	1468
or other advantage personally or for any other person, that an	1469
incurable disease or injury, or other incurable condition, can be	1470
permanently cured;	1471

(10) The obtaining of, or attempting to obtain, money or	1472
anything of value by fraudulent misrepresentations in the course	1473
of practice;	1474

(11) A plea of guilty to, a judicial finding of guilt of, or	1475
a judicial finding of eligibility for intervention in lieu of	1476
conviction for, a felony;	1477

(12) Commission of an act that constitutes a felony in this	1478
state, regardless of the jurisdiction in which the act was	1479
committed;	1480

(13) A plea of guilty to, a judicial finding of guilt of, or	1481
a judicial finding of eligibility for intervention in lieu of	1482
conviction for, a misdemeanor committed in the course of practice;	1483

(14) A plea of guilty to, a judicial finding of guilt of, or	1484
a judicial finding of eligibility for intervention in lieu of	1485
conviction for, a misdemeanor involving moral turpitude;	1486

(15) Commission of an act in the course of practice that	1487
constitutes a misdemeanor in this state, regardless of the	1488
jurisdiction in which the act was committed;	1489

(16) Commission of an act involving moral turpitude that	1490
constitutes a misdemeanor in this state, regardless of the	1491
jurisdiction in which the act was committed;	1492

(17) A plea of guilty to, a judicial finding of guilt of, or	1493
a judicial finding of eligibility for intervention in lieu of	1494
conviction for violating any state or federal law regulating the	1495
possession, distribution, or use of any drug, including	1496
trafficking in drugs;	1497

(18) Any of the following actions taken by the state agency	1498
responsible for regulating the practice of physician assistants in	1499
another state, for any reason other than the nonpayment of fees:	1500
the limitation, revocation, or suspension of an individual's	1501
license to practice; acceptance of an individual's license	1502
surrender; denial of a license; refusal to renew or reinstate a	1503
license; imposition of probation; or issuance of an order of	1504
censure or other reprimand;	1505

(19) A departure from, or failure to conform to, minimal	1506
standards of care of similar physician assistants under the same	1507
or similar circumstances, regardless of whether actual injury to a	1508
patient is established;	1509

(20) Violation of the conditions placed by the board on a	1510
certificate to practice as a physician assistant, a certificate to	1511
prescribe, a physician supervisory plan, or supervision agreement;	1512

(21) Failure to use universal blood and body fluid	1513
precautions established by rules adopted under section 4731.051 of	1514
the Revised Code;	1515

(22) Failure to cooperate in an investigation conducted by	1516
the board under section 4730.26 of the Revised Code, including	1517
failure to comply with a subpoena or order issued by the board or	1518
failure to answer truthfully a question presented by the board at	1519
a deposition or in written interrogatories, except that failure to	1520
cooperate with an investigation shall not constitute grounds for	1521
discipline under this section if a court of competent jurisdiction	1522
has issued an order that either quashes a subpoena or permits the	1523
individual to withhold the testimony or evidence in issue;	1524

(23) Assisting suicide as defined in section 3795.01 of the	1525
Revised Code;	1526

(24) Prescribing any drug or device to perform or induce an	1527
abortion, or otherwise performing or inducing an abortion;	1528

(25) Failure to comply with section 4730.53 of the Revised	1529
Code, unless the board no longer maintains a drug database	1530
pursuant to section 4729.75 of the Revised Code.	1531

(C) Disciplinary actions taken by the board under divisions	1532
(A) and (B) of this section shall be taken pursuant to an	1533
adjudication under Chapter 119. of the Revised Code, except that	1534
in lieu of an adjudication, the board may enter into a consent	1535
agreement with a physician assistant or applicant to resolve an	1536
allegation of a violation of this chapter or any rule adopted	1537
under it. A consent agreement, when ratified by an affirmative	1538
vote of not fewer than six members of the board, shall constitute	1539
the findings and order of the board with respect to the matter	1540
addressed in the agreement. If the board refuses to ratify a	1541
consent agreement, the admissions and findings contained in the	1542
consent agreement shall be of no force or effect.	1543

(D) For purposes of divisions (B)(12), (15), and (16) of this	1544
section, the commission of the act may be established by a finding	1545
by the board, pursuant to an adjudication under Chapter 119. of	1546
the Revised Code, that the applicant or certificate holder	1547
committed the act in question. The board shall have no	1548
jurisdiction under these divisions in cases where the trial court	1549
renders a final judgment in the certificate holder's favor and	1550
that judgment is based upon an adjudication on the merits. The	1551
board shall have jurisdiction under these divisions in cases where	1552
the trial court issues an order of dismissal upon technical or	1553
procedural grounds.	1554

(E) The sealing of conviction records by any court shall have	1555
no effect upon a prior board order entered under the provisions of	1556
this section or upon the board's jurisdiction to take action under	1557
the provisions of this section if, based upon a plea of guilty, a	1558
judicial finding of guilt, or a judicial finding of eligibility	1559
for intervention in lieu of conviction, the board issued a notice	1560
of opportunity for a hearing prior to the court's order to seal	1561
the records. The board shall not be required to seal, destroy,	1562
redact, or otherwise modify its records to reflect the court's	1563
sealing of conviction records.	1564

(F) For purposes of this division, any individual who holds a	1565
certificate issued under this chapter, or applies for a	1566
certificate issued under this chapter, shall be deemed to have	1567
given consent to submit to a mental or physical examination when	1568
directed to do so in writing by the board and to have waived all	1569
objections to the admissibility of testimony or examination	1570
reports that constitute a privileged communication.	1571

(1) In enforcing division (B)(4) of this section, the board,	1572
upon a showing of a possible violation, may compel any individual	1573
who holds a certificate issued under this chapter or who has	1574
applied for a certificate pursuant to this chapter to submit to a	1575
mental examination, physical examination, including an HIV test,	1576
or both a mental and physical examination. The expense of the	1577
examination is the responsibility of the individual compelled to	1578
be examined. Failure to submit to a mental or physical examination	1579
or consent to an HIV test ordered by the board constitutes an	1580
admission of the allegations against the individual unless the	1581
failure is due to circumstances beyond the individual's control,	1582
and a default and final order may be entered without the taking of	1583
testimony or presentation of evidence. If the board finds a	1584
physician assistant unable to practice because of the reasons set	1585
forth in division (B)(4) of this section, the board shall require	1586
the physician assistant to submit to care, counseling, or	1587
treatment by physicians approved or designated by the board, as a	1588
condition for an initial, continued, reinstated, or renewed	1589
certificate. An individual affected under this division shall be	1590
afforded an opportunity to demonstrate to the board the ability to	1591
resume practicing in compliance with acceptable and prevailing	1592
standards of care.	1593

(2) For purposes of division (B)(5) of this section, if the	1594
board has reason to believe that any individual who holds a	1595
certificate issued under this chapter or any applicant for a	1596
certificate suffers such impairment, the board may compel the	1597
individual to submit to a mental or physical examination, or both.	1598
The expense of the examination is the responsibility of the	1599
individual compelled to be examined. Any mental or physical	1600
examination required under this division shall be undertaken by a	1601
treatment provider or physician qualified to conduct such	1602
examination and chosen by the board.	1603

Failure to submit to a mental or physical examination ordered	1604
by the board constitutes an admission of the allegations against	1605
the individual unless the failure is due to circumstances beyond	1606
the individual's control, and a default and final order may be	1607
entered without the taking of testimony or presentation of	1608
evidence. If the board determines that the individual's ability to	1609
practice is impaired, the board shall suspend the individual's	1610
certificate or deny the individual's application and shall require	1611
the individual, as a condition for initial, continued, reinstated,	1612
or renewed certification to practice or prescribe, to submit to	1613
treatment.	1614

Before being eligible to apply for reinstatement of a	1615
certificate suspended under this division, the physician assistant	1616
shall demonstrate to the board the ability to resume practice or	1617
prescribing in compliance with acceptable and prevailing standards	1618
of care. The demonstration shall include the following:	1619

(a) Certification from a treatment provider approved under	1620
section 4731.25 of the Revised Code that the individual has	1621
successfully completed any required inpatient treatment;	1622

(b) Evidence of continuing full compliance with an aftercare	1623
contract or consent agreement;	1624

(c) Two written reports indicating that the individual's	1625
ability to practice has been assessed and that the individual has	1626
been found capable of practicing according to acceptable and	1627
prevailing standards of care. The reports shall be made by	1628
individuals or providers approved by the board for making such	1629
assessments and shall describe the basis for their determination.	1630

The board may reinstate a certificate suspended under this	1631
division after such demonstration and after the individual has	1632
entered into a written consent agreement.	1633

When the impaired physician assistant resumes practice or	1634
prescribing, the board shall require continued monitoring of the	1635
physician assistant. The monitoring shall include compliance with	1636
the written consent agreement entered into before reinstatement or	1637
with conditions imposed by board order after a hearing, and, upon	1638
termination of the consent agreement, submission to the board for	1639
at least two years of annual written progress reports made under	1640
penalty of falsification stating whether the physician assistant	1641
has maintained sobriety.	1642

(G) If the secretary and supervising member determine that	1643
there is clear and convincing evidence that a physician assistant	1644
has violated division (B) of this section and that the	1645
individual's continued practice or prescribing presents a danger	1646
of immediate and serious harm to the public, they may recommend	1647
that the board suspend the individual's certificate to practice or	1648
prescribe without a prior hearing. Written allegations shall be	1649
prepared for consideration by the board.	1650

The board, upon review of those allegations and by an	1651
affirmative vote of not fewer than six of its members, excluding	1652
the secretary and supervising member, may suspend a certificate	1653
without a prior hearing. A telephone conference call may be	1654
utilized for reviewing the allegations and taking the vote on the	1655
summary suspension.	1656

The board shall issue a written order of suspension by	1657
certified mail or in person in accordance with section 119.07 of	1658
the Revised Code. The order shall not be subject to suspension by	1659
the court during pendency of any appeal filed under section 119.12	1660
of the Revised Code. If the physician assistant requests an	1661
adjudicatory hearing by the board, the date set for the hearing	1662
shall be within fifteen days, but not earlier than seven days,	1663
after the physician assistant requests the hearing, unless	1664
otherwise agreed to by both the board and the certificate holder.	1665

A summary suspension imposed under this division shall remain	1666
in effect, unless reversed on appeal, until a final adjudicative	1667
order issued by the board pursuant to this section and Chapter	1668
119. of the Revised Code becomes effective. The board shall issue	1669
its final adjudicative order within sixty days after completion of	1670
its hearing. Failure to issue the order within sixty days shall	1671
result in dissolution of the summary suspension order, but shall	1672
not invalidate any subsequent, final adjudicative order.	1673

(H) If the board takes action under division (B)(11), (13),	1674
or (14) of this section, and the judicial finding of guilt, guilty	1675
plea, or judicial finding of eligibility for intervention in lieu	1676
of conviction is overturned on appeal, upon exhaustion of the	1677
criminal appeal, a petition for reconsideration of the order may	1678
be filed with the board along with appropriate court documents.	1679
Upon receipt of a petition and supporting court documents, the	1680
board shall reinstate the certificate to practice or prescribe.	1681
The board may then hold an adjudication under Chapter 119. of the	1682
Revised Code to determine whether the individual committed the act	1683
in question. Notice of opportunity for hearing shall be given in	1684
accordance with Chapter 119. of the Revised Code. If the board	1685
finds, pursuant to an adjudication held under this division, that	1686
the individual committed the act, or if no hearing is requested,	1687
it may order any of the sanctions identified under division (B) of	1688
this section.	1689

(I) The certificate to practice issued to a physician	1690
assistant and the physician assistant's practice in this state are	1691
automatically suspended as of the date the physician assistant	1692
pleads guilty to, is found by a judge or jury to be guilty of, or	1693
is subject to a judicial finding of eligibility for intervention	1694
in lieu of conviction in this state or treatment or intervention	1695
in lieu of conviction in another state for any of the following	1696
criminal offenses in this state or a substantially equivalent	1697
criminal offense in another jurisdiction: aggravated murder,	1698
murder, voluntary manslaughter, felonious assault, kidnapping,	1699
rape, sexual battery, gross sexual imposition, aggravated arson,	1700
aggravated robbery, or aggravated burglary. Continued practice	1701
after the suspension shall be considered practicing without a	1702
certificate.	1703

The board shall notify the individual subject to the	1704
suspension by certified mail or in person in accordance with	1705
section 119.07 of the Revised Code. If an individual whose	1706
certificate is suspended under this division fails to make a	1707
timely request for an adjudication under Chapter 119. of the	1708
Revised Code, the board shall enter a final order permanently	1709
revoking the individual's certificate to practice.	1710

(J) In any instance in which the board is required by Chapter	1711
119. of the Revised Code to give notice of opportunity for hearing	1712
and the individual subject to the notice does not timely request a	1713
hearing in accordance with section 119.07 of the Revised Code, the	1714
board is not required to hold a hearing, but may adopt, by an	1715
affirmative vote of not fewer than six of its members, a final	1716
order that contains the board's findings. In that final order, the	1717
board may order any of the sanctions identified under division (A)	1718
or (B) of this section.	1719

(K) Any action taken by the board under division (B) of this	1720
section resulting in a suspension shall be accompanied by a	1721
written statement of the conditions under which the physician	1722
assistant's certificate may be reinstated. The board shall adopt	1723
rules in accordance with Chapter 119. of the Revised Code	1724
governing conditions to be imposed for reinstatement.	1725
Reinstatement of a certificate suspended pursuant to division (B)	1726
of this section requires an affirmative vote of not fewer than six	1727
members of the board.	1728

(L) When the board refuses to grant to an applicant a	1729
certificate to practice as a physician assistant or a certificate	1730
to prescribe, revokes an individual's certificate, refuses to	1731
issue a certificate, or refuses to reinstate an individual's	1732
certificate, the board may specify that its action is permanent.	1733
An individual subject to a permanent action taken by the board is	1734
forever thereafter ineligible to hold the certificate and the	1735
board shall not accept an application for reinstatement of the	1736
certificate or for issuance of a new certificate.	1737

(M) Notwithstanding any other provision of the Revised Code,	1738
all of the following apply:	1739

(1) The surrender of a certificate issued under this chapter	1740
is not effective unless or until accepted by the board.	1741
Reinstatement of a certificate surrendered to the board requires	1742
an affirmative vote of not fewer than six members of the board.	1743

(2) An application made under this chapter for a certificate,	1744
approval of a physician supervisory plan, or approval of a	1745
supervision agreement may not be withdrawn without approval of the	1746
board.	1747

(3) Failure by an individual to renew a certificate in	1748
accordance with section 4730.14 or section 4730.48 of the Revised	1749
Code shall not remove or limit the board's jurisdiction to take	1750
disciplinary action under this section against the individual.	1751

Sec. 4730.48. (A)(1) Except in the case of a provisional	1752
certificate to prescribe, a physician assistant's certificate to	1753
prescribe expires on the same date as the physician assistant's	1754
certificate to practice as a physician assistant, as provided in	1755
section 4730.14 of the Revised Code. The certificate to prescribe	1756
may be renewed in accordance with this section.	1757

(2) A person seeking to renew a certificate to prescribe	1758
shall, on or before the thirty-first day of January of each	1759
even-numbered year, apply for renewal of the certificate. The	1760
state medical board shall send renewal notices at least one month	1761
prior to the expiration date. The notice may be sent as part of	1762
the notice sent for renewal of the certificate to practice.	1763

(3) Applications for renewal shall be submitted to the board	1764
on forms the board shall prescribe and furnish. An application for	1765
renewal of a certificate to prescribe may be submitted in	1766
conjunction with an application for renewal of a certificate to	1767
practice.	1768

(4)(a) Except as provided in division (A)(4)(b) of this	1769
section, in the case of an applicant who prescribes opioid	1770
analgesics or benzodiazepines, the applicant shall certify to the	1771
board whether the applicant has been granted access to the drug	1772
database established and maintained by the state board of pharmacy	1773
pursuant to section 4729.75 of the Revised Code.	1774

(b) The requirement in division (A)(4)(a) of this section	1775
does not apply if either of the following is the case:	1776

(i) The state board of pharmacy notifies the state medical	1777
board pursuant to section 4729.861 of the Revised Code that the	1778
applicant has been restricted from obtaining further information	1779
from the drug database.	1780

(ii) The state board of pharmacy no longer maintains the drug	1781
database.	1782

(c) If an applicant certifies to the state medical board that	1783
the applicant has been granted access to the drug database and the	1784
board finds through an audit or other means that the applicant has	1785
not been granted access, the board may take action under section	1786
4730.25 of the Revised Code.	1787

(5) Each application for renewal of a certificate to	1788
prescribe shall be accompanied by a biennial renewal fee of fifty	1789
dollars. The board shall deposit the fees in accordance with	1790
section 4731.24 of the Revised Code.	1791

(6) The applicant shall report any criminal offense that	1792
constitutes grounds under section 4730.25 of the Revised Code for	1793
refusing to issue a certificate to prescribe to which the	1794
applicant has pleaded guilty, of which the applicant has been	1795
found guilty, or for which the applicant has been found eligible	1796
for intervention in lieu of conviction, since last signing an	1797
application for a certificate to prescribe.	1798

(B) The board shall review all renewal applications received.	1799
If an applicant submits a complete renewal application and meets	1800
the requirements for renewal specified in section 4730.49 of the	1801
Revised Code, the board shall issue to the applicant a renewed	1802
certificate to prescribe.	1803

Sec. 4730.53. (A) As used in this section, "drug database"	1804
means the database established and maintained by the state board	1805
of pharmacy pursuant to section 4729.75 of the Revised Code.	1806

(B) ~~The~~Except as provided in divisions (C) and (E) of this	1807
section, a physician assistant holding a certificate to prescribe	1808
issued under this chapter shall comply with all of the following	1809
as conditions of prescribing a drug that is either an opioid	1810
analgesic or a benzodiazepine as part of a patient's course of	1811
treatment for a particular condition:	1812

(1) Before initially prescribing the drug, the physician	1813
assistant or the physician assistant's delegate shall request from	1814
the drug database a report of information related to the patient	1815
that covers at least the twelve months immediately preceding the	1816
date of the request. If the physician assistant practices	1817
primarily in a county of this state that adjoins another state,	1818
the physician assistant or delegate also shall request a report of	1819
any information available in the drug database that pertains to	1820
prescriptions issued or drugs furnished to the patient in the	1821
state adjoining that county.	1822

(2) If the patient's course of treatment for the condition	1823
continues for more than ninety days after the initial report is	1824
requested, the physician assistant or delegate shall make periodic	1825
requests for reports of information from the drug database until	1826
the course of treatment has ended. The requests shall be made at	1827
intervals not exceeding ninety days, determined according to the	1828
date the initial request was made. The request shall be made in	1829
the same manner provided in division (B)(1) of this section for	1830
requesting the initial report of information from the drug	1831
database.	1832

(3) On receipt of a report under division (B)(1) or (2) of	1833
this section, the physician assistant shall assess the information	1834
in the report. The physician assistant shall document in the	1835
patient's record that the report was received and the information	1836
was assessed.	1837

(C) Division (B) of this section does not apply in any of the	1838
following circumstances:	1839

(1) A drug database report regarding the patient is not	1840
available, in which case the physician assistant shall document in	1841
the patient's record the reason that the report is not available.	1842

(2) The drug is prescribed in an amount indicated for a	1843
period not to exceed seven days.	1844

(3) The drug is prescribed for the treatment of cancer or	1845
another condition associated with cancer.	1846

(4) The drug is prescribed to a hospice patient in a hospice	1847
care program, as those terms are defined in section 3712.01 of the	1848
Revised Code, or any other patient diagnosed as terminally ill.	1849

(5) The drug is prescribed for administration in a hospital,	1850
nursing home, or residential care facility.	1851

(D) With respect to prescribing any drug that is not an	1852
opioid analgesic or a benzodiazepine but is included in the drug	1853
database pursuant to rules adopted under section 4729.84 of the	1854
Revised Code, the state medical board shall adopt rules in	1855
~~accordance with Chapter 119. of the Revised Code~~ that establish	1856
standards and procedures to be followed by a physician assistant	1857
who holds a certificate to prescribe issued under this chapter	1858
regarding the review of patient information available through the	1859
drug database under division (A)(5) of section 4729.80 of the	1860
Revised Code. The rules shall be adopted in accordance with	1861
Chapter 119. of the Revised Code.	1862

~~(C)~~(E) This section and the rules adopted under it do not	1863
apply if the state board of pharmacy no longer maintains the drug	1864
database.	1865

Sec. 4731.055. (A) As used in this section:

1866

(1) "Drug database" means the database established and	1867
maintained by the state board of pharmacy pursuant to section	1868
4729.75 of the Revised Code.	1869

(2) "Physician" means an individual authorized under this	1870
chapter to practice medicine and surgery, osteopathic medicine and	1871
surgery, or podiatric medicine and surgery.	1872

(B) ~~The~~Except as provided in divisions (C) and (E) of this	1873
section, a physician shall comply with all of the following as	1874
conditions of prescribing a drug that is either an opioid	1875
analgesic or a benzodiazepine, or personally furnishing a complete	1876
or partial supply of such a drug, as part of a patient's course of	1877
treatment for a particular condition:	1878

(1) Before initially prescribing or furnishing the drug, the	1879
physician or the physician's delegate shall request from the drug	1880
database a report of information related to the patient that	1881
covers at least the twelve months immediately preceding the date	1882
of the request. If the physician practices primarily in a county	1883
of this state that adjoins another state, the physician or	1884
delegate also shall request a report of any information available	1885
in the drug database that pertains to prescriptions issued or	1886
drugs furnished to the patient in the state adjoining that county.	1887

(2) If the patient's course of treatment for the condition	1888
continues for more than ninety days after the initial report is	1889
requested, the physician or delegate shall make periodic requests	1890
for reports of information from the drug database until the course	1891
of treatment has ended. The requests shall be made at intervals	1892
not exceeding ninety days, determined according to the date the	1893
initial request was made. The request shall be made in the same	1894
manner provided in division (B)(1) of this section for requesting	1895
the initial report of information from the drug database.	1896

(3) On receipt of a report under division (B)(1) or (2) of	1897
this section, the physician shall assess the information in the	1898
report. The physician shall document in the patient's record that	1899
the report was received and the information was assessed.	1900

(C) Division (B) of this section does not apply in any of the	1901
following circumstances:	1902

(1) A drug database report regarding the patient is not	1903
available, in which case the physician shall document in the	1904
patient's record the reason that the report is not available.	1905

(2) The drug is prescribed or personally furnished in an	1906
amount indicated for a period not to exceed seven days.	1907

(3) The drug is prescribed or personally furnished for the	1908
treatment of cancer or another condition associated with cancer.	1909

(4) The drug is prescribed or personally furnished to a	1910
hospice patient in a hospice care program, as those terms are	1911
defined in section 3712.01 of the Revised Code, or any other	1912
patient diagnosed as terminally ill.	1913

(5) The drug is prescribed or personally furnished for	1914
administration in a hospital, nursing home, or residential care	1915
facility.	1916

(6) The drug is prescribed or personally furnished to treat	1917
acute pain resulting from a surgical or other invasive procedure	1918
or a delivery.	1919

(D) With respect to prescribing or personally furnishing any	1920
drug that is not an opioid analgesic or a benzodiazepine but is	1921
included in the drug database pursuant to rules adopted under	1922
section 4729.84 of the Revised Code, the state medical board shall	1923
adopt rules ~~in accordance with Chapter 119. of the Revised Code~~	1924
that establish standards and procedures to be followed by a	1925
physician regarding the review of patient information available	1926
through the drug database under division (A)(5) of section 4729.80	1927
of the Revised Code. The rules shall be adopted in accordance with	1928
Chapter 119. of the Revised Code.	1929

~~(C)~~(E) This section and the rules adopted under it do not	1930
apply if the state board of pharmacy no longer maintains the drug	1931
database.	1932

Sec. 4731.22. (A) The state medical board, by an affirmative	1933
vote of not fewer than six of its members, may limit, revoke, or	1934
suspend an individual's certificate to practice, refuse to grant a	1935
certificate to an individual, refuse to register an individual,	1936
refuse to reinstate a certificate, or reprimand or place on	1937
probation the holder of a certificate if the individual or	1938
certificate holder is found by the board to have committed fraud	1939
during the administration of the examination for a certificate to	1940
practice or to have committed fraud, misrepresentation, or	1941
deception in applying for or securing any certificate to practice	1942
or certificate of registration issued by the board.	1943

(B) The board, by an affirmative vote of not fewer than six	1944
members, shall, to the extent permitted by law, limit, revoke, or	1945
suspend an individual's certificate to practice, refuse to	1946
register an individual, refuse to reinstate a certificate, or	1947
reprimand or place on probation the holder of a certificate for	1948
one or more of the following reasons:	1949

(1) Permitting one's name or one's certificate to practice or	1950
certificate of registration to be used by a person, group, or	1951
corporation when the individual concerned is not actually	1952
directing the treatment given;	1953

(2) Failure to maintain minimal standards applicable to the	1954
selection or administration of drugs, or failure to employ	1955
acceptable scientific methods in the selection of drugs or other	1956
modalities for treatment of disease;	1957

(3) Selling, giving away, personally furnishing, prescribing,	1958
or administering drugs for other than legal and legitimate	1959
therapeutic purposes or a plea of guilty to, a judicial finding of	1960
guilt of, or a judicial finding of eligibility for intervention in	1961
lieu of conviction of, a violation of any federal or state law	1962
regulating the possession, distribution, or use of any drug;	1963

(4) Willfully betraying a professional confidence.

1964

For purposes of this division, "willfully betraying a	1965
professional confidence" does not include providing any	1966
information, documents, or reports to a child fatality review	1967
board under sections 307.621 to 307.629 of the Revised Code and	1968
does not include the making of a report of an employee's use of a	1969
drug of abuse, or a report of a condition of an employee other	1970
than one involving the use of a drug of abuse, to the employer of	1971
the employee as described in division (B) of section 2305.33 of	1972
the Revised Code. Nothing in this division affects the immunity	1973
from civil liability conferred by that section upon a physician	1974
who makes either type of report in accordance with division (B) of	1975
that section. As used in this division, "employee," "employer,"	1976
and "physician" have the same meanings as in section 2305.33 of	1977
the Revised Code.	1978

(5) Making a false, fraudulent, deceptive, or misleading	1979
statement in the solicitation of or advertising for patients; in	1980
relation to the practice of medicine and surgery, osteopathic	1981
medicine and surgery, podiatric medicine and surgery, or a limited	1982
branch of medicine; or in securing or attempting to secure any	1983
certificate to practice or certificate of registration issued by	1984
the board.	1985

As used in this division, "false, fraudulent, deceptive, or	1986
misleading statement" means a statement that includes a	1987
misrepresentation of fact, is likely to mislead or deceive because	1988
of a failure to disclose material facts, is intended or is likely	1989
to create false or unjustified expectations of favorable results,	1990
or includes representations or implications that in reasonable	1991
probability will cause an ordinarily prudent person to	1992
misunderstand or be deceived.	1993

(6) A departure from, or the failure to conform to, minimal	1994
standards of care of similar practitioners under the same or	1995
similar circumstances, whether or not actual injury to a patient	1996
is established;	1997

(7) Representing, with the purpose of obtaining compensation	1998
or other advantage as personal gain or for any other person, that	1999
an incurable disease or injury, or other incurable condition, can	2000
be permanently cured;	2001

(8) The obtaining of, or attempting to obtain, money or	2002
anything of value by fraudulent misrepresentations in the course	2003
of practice;	2004

(9) A plea of guilty to, a judicial finding of guilt of, or a	2005
judicial finding of eligibility for intervention in lieu of	2006
conviction for, a felony;	2007

(10) Commission of an act that constitutes a felony in this	2008
state, regardless of the jurisdiction in which the act was	2009
committed;	2010

(11) A plea of guilty to, a judicial finding of guilt of, or	2011
a judicial finding of eligibility for intervention in lieu of	2012
conviction for, a misdemeanor committed in the course of practice;	2013

(12) Commission of an act in the course of practice that	2014
constitutes a misdemeanor in this state, regardless of the	2015
jurisdiction in which the act was committed;	2016

(13) A plea of guilty to, a judicial finding of guilt of, or	2017
a judicial finding of eligibility for intervention in lieu of	2018
conviction for, a misdemeanor involving moral turpitude;	2019

(14) Commission of an act involving moral turpitude that	2020
constitutes a misdemeanor in this state, regardless of the	2021
jurisdiction in which the act was committed;	2022

(15) Violation of the conditions of limitation placed by the	2023
board upon a certificate to practice;	2024

(16) Failure to pay license renewal fees specified in this	2025
chapter;	2026

(17) Except as authorized in section 4731.31 of the Revised	2027
Code, engaging in the division of fees for referral of patients,	2028
or the receiving of a thing of value in return for a specific	2029
referral of a patient to utilize a particular service or business;	2030

(18) Subject to section 4731.226 of the Revised Code,	2031
violation of any provision of a code of ethics of the American	2032
medical association, the American osteopathic association, the	2033
American podiatric medical association, or any other national	2034
professional organizations that the board specifies by rule. The	2035
state medical board shall obtain and keep on file current copies	2036
of the codes of ethics of the various national professional	2037
organizations. The individual whose certificate is being suspended	2038
or revoked shall not be found to have violated any provision of a	2039
code of ethics of an organization not appropriate to the	2040
individual's profession.	2041

For purposes of this division, a "provision of a code of	2042
ethics of a national professional organization" does not include	2043
any provision that would preclude the making of a report by a	2044
physician of an employee's use of a drug of abuse, or of a	2045
condition of an employee other than one involving the use of a	2046
drug of abuse, to the employer of the employee as described in	2047
division (B) of section 2305.33 of the Revised Code. Nothing in	2048
this division affects the immunity from civil liability conferred	2049
by that section upon a physician who makes either type of report	2050
in accordance with division (B) of that section. As used in this	2051
division, "employee," "employer," and "physician" have the same	2052
meanings as in section 2305.33 of the Revised Code.	2053

(19) Inability to practice according to acceptable and	2054
prevailing standards of care by reason of mental illness or	2055
physical illness, including, but not limited to, physical	2056
deterioration that adversely affects cognitive, motor, or	2057
perceptive skills.	2058

In enforcing this division, the board, upon a showing of a	2059
possible violation, may compel any individual authorized to	2060
practice by this chapter or who has submitted an application	2061
pursuant to this chapter to submit to a mental examination,	2062
physical examination, including an HIV test, or both a mental and	2063
a physical examination. The expense of the examination is the	2064
responsibility of the individual compelled to be examined. Failure	2065
to submit to a mental or physical examination or consent to an HIV	2066
test ordered by the board constitutes an admission of the	2067
allegations against the individual unless the failure is due to	2068
circumstances beyond the individual's control, and a default and	2069
final order may be entered without the taking of testimony or	2070
presentation of evidence. If the board finds an individual unable	2071
to practice because of the reasons set forth in this division, the	2072
board shall require the individual to submit to care, counseling,	2073
or treatment by physicians approved or designated by the board, as	2074
a condition for initial, continued, reinstated, or renewed	2075
authority to practice. An individual affected under this division	2076
shall be afforded an opportunity to demonstrate to the board the	2077
ability to resume practice in compliance with acceptable and	2078
prevailing standards under the provisions of the individual's	2079
certificate. For the purpose of this division, any individual who	2080
applies for or receives a certificate to practice under this	2081
chapter accepts the privilege of practicing in this state and, by	2082
so doing, shall be deemed to have given consent to submit to a	2083
mental or physical examination when directed to do so in writing	2084
by the board, and to have waived all objections to the	2085
admissibility of testimony or examination reports that constitute	2086
a privileged communication.	2087

(20) Except when civil penalties are imposed under section	2088
4731.225 or 4731.281 of the Revised Code, and subject to section	2089
4731.226 of the Revised Code, violating or attempting to violate,	2090
directly or indirectly, or assisting in or abetting the violation	2091
of, or conspiring to violate, any provisions of this chapter or	2092
any rule promulgated by the board.	2093

This division does not apply to a violation or attempted	2094
violation of, assisting in or abetting the violation of, or a	2095
conspiracy to violate, any provision of this chapter or any rule	2096
adopted by the board that would preclude the making of a report by	2097
a physician of an employee's use of a drug of abuse, or of a	2098
condition of an employee other than one involving the use of a	2099
drug of abuse, to the employer of the employee as described in	2100
division (B) of section 2305.33 of the Revised Code. Nothing in	2101
this division affects the immunity from civil liability conferred	2102
by that section upon a physician who makes either type of report	2103
in accordance with division (B) of that section. As used in this	2104
division, "employee," "employer," and "physician" have the same	2105
meanings as in section 2305.33 of the Revised Code.	2106

(21) The violation of section 3701.79 of the Revised Code or	2107
of any abortion rule adopted by the public health council pursuant	2108
to section 3701.341 of the Revised Code;	2109

(22) Any of the following actions taken by an agency	2110
responsible for authorizing, certifying, or regulating an	2111
individual to practice a health care occupation or provide health	2112
care services in this state or another jurisdiction, for any	2113
reason other than the nonpayment of fees: the limitation,	2114
revocation, or suspension of an individual's license to practice;	2115
acceptance of an individual's license surrender; denial of a	2116
license; refusal to renew or reinstate a license; imposition of	2117
probation; or issuance of an order of censure or other reprimand;	2118

(23) The violation of section 2919.12 of the Revised Code or	2119
the performance or inducement of an abortion upon a pregnant woman	2120
with actual knowledge that the conditions specified in division	2121
(B) of section 2317.56 of the Revised Code have not been satisfied	2122
or with a heedless indifference as to whether those conditions	2123
have been satisfied, unless an affirmative defense as specified in	2124
division (H)(2) of that section would apply in a civil action	2125
authorized by division (H)(1) of that section;	2126

(24) The revocation, suspension, restriction, reduction, or	2127
termination of clinical privileges by the United States department	2128
of defense or department of veterans affairs or the termination or	2129
suspension of a certificate of registration to prescribe drugs by	2130
the drug enforcement administration of the United States	2131
department of justice;	2132

(25) Termination or suspension from participation in the	2133
medicare or medicaid programs by the department of health and	2134
human services or other responsible agency for any act or acts	2135
that also would constitute a violation of division (B)(2), (3),	2136
(6), (8), or (19) of this section;	2137

(26) Impairment of ability to practice according to	2138
acceptable and prevailing standards of care because of habitual or	2139
excessive use or abuse of drugs, alcohol, or other substances that	2140
impair ability to practice.	2141

For the purposes of this division, any individual authorized	2142
to practice by this chapter accepts the privilege of practicing in	2143
this state subject to supervision by the board. By filing an	2144
application for or holding a certificate to practice under this	2145
chapter, an individual shall be deemed to have given consent to	2146
submit to a mental or physical examination when ordered to do so	2147
by the board in writing, and to have waived all objections to the	2148
admissibility of testimony or examination reports that constitute	2149
privileged communications.	2150

If it has reason to believe that any individual authorized to	2151
practice by this chapter or any applicant for certification to	2152
practice suffers such impairment, the board may compel the	2153
individual to submit to a mental or physical examination, or both.	2154
The expense of the examination is the responsibility of the	2155
individual compelled to be examined. Any mental or physical	2156
examination required under this division shall be undertaken by a	2157
treatment provider or physician who is qualified to conduct the	2158
examination and who is chosen by the board.	2159

Failure to submit to a mental or physical examination ordered	2160
by the board constitutes an admission of the allegations against	2161
the individual unless the failure is due to circumstances beyond	2162
the individual's control, and a default and final order may be	2163
entered without the taking of testimony or presentation of	2164
evidence. If the board determines that the individual's ability to	2165
practice is impaired, the board shall suspend the individual's	2166
certificate or deny the individual's application and shall require	2167
the individual, as a condition for initial, continued, reinstated,	2168
or renewed certification to practice, to submit to treatment.	2169

Before being eligible to apply for reinstatement of a	2170
certificate suspended under this division, the impaired	2171
practitioner shall demonstrate to the board the ability to resume	2172
practice in compliance with acceptable and prevailing standards of	2173
care under the provisions of the practitioner's certificate. The	2174
demonstration shall include, but shall not be limited to, the	2175
following:	2176

(a) Certification from a treatment provider approved under	2177
section 4731.25 of the Revised Code that the individual has	2178
successfully completed any required inpatient treatment;	2179

(b) Evidence of continuing full compliance with an aftercare	2180
contract or consent agreement;	2181

(c) Two written reports indicating that the individual's	2182
ability to practice has been assessed and that the individual has	2183
been found capable of practicing according to acceptable and	2184
prevailing standards of care. The reports shall be made by	2185
individuals or providers approved by the board for making the	2186
assessments and shall describe the basis for their determination.	2187

The board may reinstate a certificate suspended under this	2188
division after that demonstration and after the individual has	2189
entered into a written consent agreement.	2190

When the impaired practitioner resumes practice, the board	2191
shall require continued monitoring of the individual. The	2192
monitoring shall include, but not be limited to, compliance with	2193
the written consent agreement entered into before reinstatement or	2194
with conditions imposed by board order after a hearing, and, upon	2195
termination of the consent agreement, submission to the board for	2196
at least two years of annual written progress reports made under	2197
penalty of perjury stating whether the individual has maintained	2198
sobriety.	2199

(27) A second or subsequent violation of section 4731.66 or	2200
4731.69 of the Revised Code;	2201

(28) Except as provided in division (N) of this section:

2202

(a) Waiving the payment of all or any part of a deductible or	2203
copayment that a patient, pursuant to a health insurance or health	2204
care policy, contract, or plan that covers the individual's	2205
services, otherwise would be required to pay if the waiver is used	2206
as an enticement to a patient or group of patients to receive	2207
health care services from that individual;	2208

(b) Advertising that the individual will waive the payment of	2209
all or any part of a deductible or copayment that a patient,	2210
pursuant to a health insurance or health care policy, contract, or	2211
plan that covers the individual's services, otherwise would be	2212
required to pay.	2213

(29) Failure to use universal blood and body fluid	2214
precautions established by rules adopted under section 4731.051 of	2215
the Revised Code;	2216

(30) Failure to provide notice to, and receive acknowledgment	2217
of the notice from, a patient when required by section 4731.143 of	2218
the Revised Code prior to providing nonemergency professional	2219
services, or failure to maintain that notice in the patient's	2220
file;	2221

(31) Failure of a physician supervising a physician assistant	2222
to maintain supervision in accordance with the requirements of	2223
Chapter 4730. of the Revised Code and the rules adopted under that	2224
chapter;	2225

(32) Failure of a physician or podiatrist to enter into a	2226
standard care arrangement with a clinical nurse specialist,	2227
certified nurse-midwife, or certified nurse practitioner with whom	2228
the physician or podiatrist is in collaboration pursuant to	2229
section 4731.27 of the Revised Code or failure to fulfill the	2230
responsibilities of collaboration after entering into a standard	2231
care arrangement;	2232

(33) Failure to comply with the terms of a consult agreement	2233
entered into with a pharmacist pursuant to section 4729.39 of the	2234
Revised Code;	2235

(34) Failure to cooperate in an investigation conducted by	2236
the board under division (F) of this section, including failure to	2237
comply with a subpoena or order issued by the board or failure to	2238
answer truthfully a question presented by the board in an	2239
investigative interview, an investigative office conference, at a	2240
deposition, or in written interrogatories, except that failure to	2241
cooperate with an investigation shall not constitute grounds for	2242
discipline under this section if a court of competent jurisdiction	2243
has issued an order that either quashes a subpoena or permits the	2244
individual to withhold the testimony or evidence in issue;	2245

(35) Failure to supervise an oriental medicine practitioner	2246
or acupuncturist in accordance with Chapter 4762. of the Revised	2247
Code and the board's rules for providing that supervision;	2248

(36) Failure to supervise an anesthesiologist assistant in	2249
accordance with Chapter 4760. of the Revised Code and the board's	2250
rules for supervision of an anesthesiologist assistant;	2251

(37) Assisting suicide as defined in section 3795.01 of the	2252
Revised Code;	2253

(38) Failure to comply with the requirements of section	2254
2317.561 of the Revised Code;	2255

(39) Failure to supervise a radiologist assistant in	2256
accordance with Chapter 4774. of the Revised Code and the board's	2257
rules for supervision of radiologist assistants;	2258

(40) Performing or inducing an abortion at an office or	2259
facility with knowledge that the office or facility fails to post	2260
the notice required under section 3701.791 of the Revised Code;	2261

(41) Failure to comply with the standards and procedures	2262
established in rules under section 4731.054 of the Revised Code	2263
for the operation of or the provision of care at a pain management	2264
clinic;	2265

(42) Failure to comply with the standards and procedures	2266
established in rules under section 4731.054 of the Revised Code	2267
for providing supervision, direction, and control of individuals	2268
at a pain management clinic;	2269

(43) Failure to comply with the requirements of section	2270
4729.79 or 4731.055 of the Revised Code, unless the state board of	2271
pharmacy no longer maintains a drug database pursuant to section	2272
4729.75 of the Revised Code;	2273

(44) Failure to comply with the requirements of section	2274
2919.171 of the Revised Code or failure to submit to the	2275
department of health in accordance with a court order a complete	2276
report as described in section 2919.171 of the Revised Code;	2277

(45) Practicing at a facility that is subject to licensure as	2278
a category III terminal distributor of dangerous drugs with a pain	2279
management clinic classification unless the person operating the	2280
facility has obtained and maintains the license with the	2281
classification;	2282

(46) Owning a facility that is subject to licensure as a	2283
category III terminal distributor of dangerous drugs with a pain	2284
management clinic classification unless the facility is licensed	2285
with the classification;	2286

(47) Failure to comply with the requirement regarding	2287
maintaining notes described in division (B) of section 2919.191 of	2288
the Revised Code or failure to satisfy the requirements of section	2289
2919.191 of the Revised Code prior to performing or inducing an	2290
abortion upon a pregnant woman.	2291

(C) Disciplinary actions taken by the board under divisions	2292
(A) and (B) of this section shall be taken pursuant to an	2293
adjudication under Chapter 119. of the Revised Code, except that	2294
in lieu of an adjudication, the board may enter into a consent	2295
agreement with an individual to resolve an allegation of a	2296
violation of this chapter or any rule adopted under it. A consent	2297
agreement, when ratified by an affirmative vote of not fewer than	2298
six members of the board, shall constitute the findings and order	2299
of the board with respect to the matter addressed in the	2300
agreement. If the board refuses to ratify a consent agreement, the	2301
admissions and findings contained in the consent agreement shall	2302
be of no force or effect.	2303

A telephone conference call may be utilized for ratification	2304
of a consent agreement that revokes or suspends an individual's	2305
certificate to practice. The telephone conference call shall be	2306
considered a special meeting under division (F) of section 121.22	2307
of the Revised Code.	2308

If the board takes disciplinary action against an individual	2309
under division (B) of this section for a second or subsequent plea	2310
of guilty to, or judicial finding of guilt of, a violation of	2311
section 2919.123 of the Revised Code, the disciplinary action	2312
shall consist of a suspension of the individual's certificate to	2313
practice for a period of at least one year or, if determined	2314
appropriate by the board, a more serious sanction involving the	2315
individual's certificate to practice. Any consent agreement	2316
entered into under this division with an individual that pertains	2317
to a second or subsequent plea of guilty to, or judicial finding	2318
of guilt of, a violation of that section shall provide for a	2319
suspension of the individual's certificate to practice for a	2320
period of at least one year or, if determined appropriate by the	2321
board, a more serious sanction involving the individual's	2322
certificate to practice.	2323

(D) For purposes of divisions (B)(10), (12), and (14) of this	2324
section, the commission of the act may be established by a finding	2325
by the board, pursuant to an adjudication under Chapter 119. of	2326
the Revised Code, that the individual committed the act. The board	2327
does not have jurisdiction under those divisions if the trial	2328
court renders a final judgment in the individual's favor and that	2329
judgment is based upon an adjudication on the merits. The board	2330
has jurisdiction under those divisions if the trial court issues	2331
an order of dismissal upon technical or procedural grounds.	2332

(E) The sealing of conviction records by any court shall have	2333
no effect upon a prior board order entered under this section or	2334
upon the board's jurisdiction to take action under this section	2335
if, based upon a plea of guilty, a judicial finding of guilt, or a	2336
judicial finding of eligibility for intervention in lieu of	2337
conviction, the board issued a notice of opportunity for a hearing	2338
prior to the court's order to seal the records. The board shall	2339
not be required to seal, destroy, redact, or otherwise modify its	2340
records to reflect the court's sealing of conviction records.	2341

(F)(1) The board shall investigate evidence that appears to	2342
show that a person has violated any provision of this chapter or	2343
any rule adopted under it. Any person may report to the board in a	2344
signed writing any information that the person may have that	2345
appears to show a violation of any provision of this chapter or	2346
any rule adopted under it. In the absence of bad faith, any person	2347
who reports information of that nature or who testifies before the	2348
board in any adjudication conducted under Chapter 119. of the	2349
Revised Code shall not be liable in damages in a civil action as a	2350
result of the report or testimony. Each complaint or allegation of	2351
a violation received by the board shall be assigned a case number	2352
and shall be recorded by the board.	2353

(2) Investigations of alleged violations of this chapter or	2354
any rule adopted under it shall be supervised by the supervising	2355
member elected by the board in accordance with section 4731.02 of	2356
the Revised Code and by the secretary as provided in section	2357
4731.39 of the Revised Code. The president may designate another	2358
member of the board to supervise the investigation in place of the	2359
supervising member. No member of the board who supervises the	2360
investigation of a case shall participate in further adjudication	2361
of the case.	2362

(3) In investigating a possible violation of this chapter or	2363
any rule adopted under this chapter, or in conducting an	2364
inspection under division (E) of section 4731.054 of the Revised	2365
Code, the board may question witnesses, conduct interviews,	2366
administer oaths, order the taking of depositions, inspect and	2367
copy any books, accounts, papers, records, or documents, issue	2368
subpoenas, and compel the attendance of witnesses and production	2369
of books, accounts, papers, records, documents, and testimony,	2370
except that a subpoena for patient record information shall not be	2371
issued without consultation with the attorney general's office and	2372
approval of the secretary and supervising member of the board.	2373

(a) Before issuance of a subpoena for patient record	2374
information, the secretary and supervising member shall determine	2375
whether there is probable cause to believe that the complaint	2376
filed alleges a violation of this chapter or any rule adopted	2377
under it and that the records sought are relevant to the alleged	2378
violation and material to the investigation. The subpoena may	2379
apply only to records that cover a reasonable period of time	2380
surrounding the alleged violation.	2381

(b) On failure to comply with any subpoena issued by the	2382
board and after reasonable notice to the person being subpoenaed,	2383
the board may move for an order compelling the production of	2384
persons or records pursuant to the Rules of Civil Procedure.	2385

(c) A subpoena issued by the board may be served by a	2386
sheriff, the sheriff's deputy, or a board employee designated by	2387
the board. Service of a subpoena issued by the board may be made	2388
by delivering a copy of the subpoena to the person named therein,	2389
reading it to the person, or leaving it at the person's usual	2390
place of residence, usual place of business, or address on file	2391
with the board. When serving a subpoena to an applicant for or the	2392
holder of a certificate issued under this chapter, service of the	2393
subpoena may be made by certified mail, return receipt requested,	2394
and the subpoena shall be deemed served on the date delivery is	2395
made or the date the person refuses to accept delivery. If the	2396
person being served refuses to accept the subpoena or is not	2397
located, service may be made to an attorney who notifies the board	2398
that the attorney is representing the person.	2399

(d) A sheriff's deputy who serves a subpoena shall receive	2400
the same fees as a sheriff. Each witness who appears before the	2401
board in obedience to a subpoena shall receive the fees and	2402
mileage provided for under section 119.094 of the Revised Code.	2403

(4) All hearings, investigations, and inspections of the	2404
board shall be considered civil actions for the purposes of	2405
section 2305.252 of the Revised Code.	2406

(5) A report required to be submitted to the board under this	2407
chapter, a complaint, or information received by the board	2408
pursuant to an investigation or pursuant to an inspection under	2409
division (E) of section 4731.054 of the Revised Code is	2410
confidential and not subject to discovery in any civil action.	2411

The board shall conduct all investigations or inspections and	2412
proceedings in a manner that protects the confidentiality of	2413
patients and persons who file complaints with the board. The board	2414
shall not make public the names or any other identifying	2415
information about patients or complainants unless proper consent	2416
is given or, in the case of a patient, a waiver of the patient	2417
privilege exists under division (B) of section 2317.02 of the	2418
Revised Code, except that consent or a waiver of that nature is	2419
not required if the board possesses reliable and substantial	2420
evidence that no bona fide physician-patient relationship exists.	2421

The board may share any information it receives pursuant to	2422
an investigation or inspection, including patient records and	2423
patient record information, with law enforcement agencies, other	2424
licensing boards, and other governmental agencies that are	2425
prosecuting, adjudicating, or investigating alleged violations of	2426
statutes or administrative rules. An agency or board that receives	2427
the information shall comply with the same requirements regarding	2428
confidentiality as those with which the state medical board must	2429
comply, notwithstanding any conflicting provision of the Revised	2430
Code or procedure of the agency or board that applies when it is	2431
dealing with other information in its possession. In a judicial	2432
proceeding, the information may be admitted into evidence only in	2433
accordance with the Rules of Evidence, but the court shall require	2434
that appropriate measures are taken to ensure that confidentiality	2435
is maintained with respect to any part of the information that	2436
contains names or other identifying information about patients or	2437
complainants whose confidentiality was protected by the state	2438
medical board when the information was in the board's possession.	2439
Measures to ensure confidentiality that may be taken by the court	2440
include sealing its records or deleting specific information from	2441
its records.	2442

(6) On a quarterly basis, the board shall prepare a report	2443
that documents the disposition of all cases during the preceding	2444
three months. The report shall contain the following information	2445
for each case with which the board has completed its activities:	2446

(a) The case number assigned to the complaint or alleged	2447
violation;	2448

(b) The type of certificate to practice, if any, held by the	2449
individual against whom the complaint is directed;	2450

(c) A description of the allegations contained in the	2451
complaint;	2452

(d) The disposition of the case.

2453

The report shall state how many cases are still pending and	2454
shall be prepared in a manner that protects the identity of each	2455
person involved in each case. The report shall be a public record	2456
under section 149.43 of the Revised Code.	2457

(G) If the secretary and supervising member determine both of	2458
the following, they may recommend that the board suspend an	2459
individual's certificate to practice without a prior hearing:	2460

(1) That there is clear and convincing evidence that an	2461
individual has violated division (B) of this section;	2462

(2) That the individual's continued practice presents a	2463
danger of immediate and serious harm to the public.	2464

Written allegations shall be prepared for consideration by	2465
the board. The board, upon review of those allegations and by an	2466
affirmative vote of not fewer than six of its members, excluding	2467
the secretary and supervising member, may suspend a certificate	2468
without a prior hearing. A telephone conference call may be	2469
utilized for reviewing the allegations and taking the vote on the	2470
summary suspension.	2471

The board shall issue a written order of suspension by	2472
certified mail or in person in accordance with section 119.07 of	2473
the Revised Code. The order shall not be subject to suspension by	2474
the court during pendency of any appeal filed under section 119.12	2475
of the Revised Code. If the individual subject to the summary	2476
suspension requests an adjudicatory hearing by the board, the date	2477
set for the hearing shall be within fifteen days, but not earlier	2478
than seven days, after the individual requests the hearing, unless	2479
otherwise agreed to by both the board and the individual.	2480

Any summary suspension imposed under this division shall	2481
remain in effect, unless reversed on appeal, until a final	2482
adjudicative order issued by the board pursuant to this section	2483
and Chapter 119. of the Revised Code becomes effective. The board	2484
shall issue its final adjudicative order within seventy-five days	2485
after completion of its hearing. A failure to issue the order	2486
within seventy-five days shall result in dissolution of the	2487
summary suspension order but shall not invalidate any subsequent,	2488
final adjudicative order.	2489

(H) If the board takes action under division (B)(9), (11), or	2490
(13) of this section and the judicial finding of guilt, guilty	2491
plea, or judicial finding of eligibility for intervention in lieu	2492
of conviction is overturned on appeal, upon exhaustion of the	2493
criminal appeal, a petition for reconsideration of the order may	2494
be filed with the board along with appropriate court documents.	2495
Upon receipt of a petition of that nature and supporting court	2496
documents, the board shall reinstate the individual's certificate	2497
to practice. The board may then hold an adjudication under Chapter	2498
119. of the Revised Code to determine whether the individual	2499
committed the act in question. Notice of an opportunity for a	2500
hearing shall be given in accordance with Chapter 119. of the	2501
Revised Code. If the board finds, pursuant to an adjudication held	2502
under this division, that the individual committed the act or if	2503
no hearing is requested, the board may order any of the sanctions	2504
identified under division (B) of this section.	2505

(I) The certificate to practice issued to an individual under	2506
this chapter and the individual's practice in this state are	2507
automatically suspended as of the date of the individual's second	2508
or subsequent plea of guilty to, or judicial finding of guilt of,	2509
a violation of section 2919.123 of the Revised Code, or the date	2510
the individual pleads guilty to, is found by a judge or jury to be	2511
guilty of, or is subject to a judicial finding of eligibility for	2512
intervention in lieu of conviction in this state or treatment or	2513
intervention in lieu of conviction in another jurisdiction for any	2514
of the following criminal offenses in this state or a	2515
substantially equivalent criminal offense in another jurisdiction:	2516
aggravated murder, murder, voluntary manslaughter, felonious	2517
assault, kidnapping, rape, sexual battery, gross sexual	2518
imposition, aggravated arson, aggravated robbery, or aggravated	2519
burglary. Continued practice after suspension shall be considered	2520
practicing without a certificate.	2521

The board shall notify the individual subject to the	2522
suspension by certified mail or in person in accordance with	2523
section 119.07 of the Revised Code. If an individual whose	2524
certificate is automatically suspended under this division fails	2525
to make a timely request for an adjudication under Chapter 119. of	2526
the Revised Code, the board shall do whichever of the following is	2527
applicable:	2528

(1) If the automatic suspension under this division is for a	2529
second or subsequent plea of guilty to, or judicial finding of	2530
guilt of, a violation of section 2919.123 of the Revised Code, the	2531
board shall enter an order suspending the individual's certificate	2532
to practice for a period of at least one year or, if determined	2533
appropriate by the board, imposing a more serious sanction	2534
involving the individual's certificate to practice.	2535

(2) In all circumstances in which division (I)(1) of this	2536
section does not apply, enter a final order permanently revoking	2537
the individual's certificate to practice.	2538

(J) If the board is required by Chapter 119. of the Revised	2539
Code to give notice of an opportunity for a hearing and if the	2540
individual subject to the notice does not timely request a hearing	2541
in accordance with section 119.07 of the Revised Code, the board	2542
is not required to hold a hearing, but may adopt, by an	2543
affirmative vote of not fewer than six of its members, a final	2544
order that contains the board's findings. In that final order, the	2545
board may order any of the sanctions identified under division (A)	2546
or (B) of this section.	2547

(K) Any action taken by the board under division (B) of this	2548
section resulting in a suspension from practice shall be	2549
accompanied by a written statement of the conditions under which	2550
the individual's certificate to practice may be reinstated. The	2551
board shall adopt rules governing conditions to be imposed for	2552
reinstatement. Reinstatement of a certificate suspended pursuant	2553
to division (B) of this section requires an affirmative vote of	2554
not fewer than six members of the board.	2555

(L) When the board refuses to grant a certificate to an	2556
applicant, revokes an individual's certificate to practice,	2557
refuses to register an applicant, or refuses to reinstate an	2558
individual's certificate to practice, the board may specify that	2559
its action is permanent. An individual subject to a permanent	2560
action taken by the board is forever thereafter ineligible to hold	2561
a certificate to practice and the board shall not accept an	2562
application for reinstatement of the certificate or for issuance	2563
of a new certificate.	2564

(M) Notwithstanding any other provision of the Revised Code,	2565
all of the following apply:	2566

(1) The surrender of a certificate issued under this chapter	2567
shall not be effective unless or until accepted by the board. A	2568
telephone conference call may be utilized for acceptance of the	2569
surrender of an individual's certificate to practice. The	2570
telephone conference call shall be considered a special meeting	2571
under division (F) of section 121.22 of the Revised Code.	2572
Reinstatement of a certificate surrendered to the board requires	2573
an affirmative vote of not fewer than six members of the board.	2574

(2) An application for a certificate made under the	2575
provisions of this chapter may not be withdrawn without approval	2576
of the board.	2577

(3) Failure by an individual to renew a certificate of	2578
registration in accordance with this chapter shall not remove or	2579
limit the board's jurisdiction to take any disciplinary action	2580
under this section against the individual.	2581

(4) At the request of the board, a certificate holder shall	2582
immediately surrender to the board a certificate that the board	2583
has suspended, revoked, or permanently revoked.	2584

(N) Sanctions shall not be imposed under division (B)(28) of	2585
this section against any person who waives deductibles and	2586
copayments as follows:	2587

(1) In compliance with the health benefit plan that expressly	2588
allows such a practice. Waiver of the deductibles or copayments	2589
shall be made only with the full knowledge and consent of the plan	2590
purchaser, payer, and third-party administrator. Documentation of	2591
the consent shall be made available to the board upon request.	2592

(2) For professional services rendered to any other person	2593
authorized to practice pursuant to this chapter, to the extent	2594
allowed by this chapter and rules adopted by the board.	2595

(O) Under the board's investigative duties described in this	2596
section and subject to division (F) of this section, the board	2597
shall develop and implement a quality intervention program	2598
designed to improve through remedial education the clinical and	2599
communication skills of individuals authorized under this chapter	2600
to practice medicine and surgery, osteopathic medicine and	2601
surgery, and podiatric medicine and surgery. In developing and	2602
implementing the quality intervention program, the board may do	2603
all of the following:	2604

(1) Offer in appropriate cases as determined by the board an	2605
educational and assessment program pursuant to an investigation	2606
the board conducts under this section;	2607

(2) Select providers of educational and assessment services,	2608
including a quality intervention program panel of case reviewers;	2609

(3) Make referrals to educational and assessment service	2610
providers and approve individual educational programs recommended	2611
by those providers. The board shall monitor the progress of each	2612
individual undertaking a recommended individual educational	2613
program.	2614

(4) Determine what constitutes successful completion of an	2615
individual educational program and require further monitoring of	2616
the individual who completed the program or other action that the	2617
board determines to be appropriate;	2618

(5) Adopt rules in accordance with Chapter 119. of the	2619
Revised Code to further implement the quality intervention	2620
program.	2621

An individual who participates in an individual educational	2622
program pursuant to this division shall pay the financial	2623
obligations arising from that educational program.	2624

Sec. 4731.281. (A) On or before the deadline established	2625
under division (B) of this section for applying for renewal of a	2626
certificate of registration, each person holding a certificate	2627
under this chapter to practice medicine and surgery, osteopathic	2628
medicine and surgery, or podiatric medicine and surgery shall	2629
certify to the state medical board that in the preceding two years	2630
the person has completed one hundred hours of continuing medical	2631
education. The certification shall be made upon the application	2632
for biennial registration submitted pursuant to division (B) of	2633
this section. The board shall adopt rules providing for pro rata	2634
reductions by month of the number of hours of continuing education	2635
required for persons who are in their first registration period,	2636
who have been disabled due to illness or accident, or who have	2637
been absent from the country.	2638

In determining whether a course, program, or activity	2639
qualifies for credit as continuing medical education, the board	2640
shall approve all continuing medical education taken by persons	2641
holding a certificate to practice medicine and surgery that is	2642
certified by the Ohio state medical association, all continuing	2643
medical education taken by persons holding a certificate to	2644
practice osteopathic medicine and surgery that is certified by the	2645
Ohio osteopathic association, and all continuing medical education	2646
taken by persons holding a certificate to practice podiatric	2647
medicine and surgery that is certified by the Ohio podiatric	2648
medical association. Each person holding a certificate to practice	2649
under this chapter shall be given sufficient choice of continuing	2650
education programs to ensure that the person has had a reasonable	2651
opportunity to participate in continuing education programs that	2652
are relevant to the person's medical practice in terms of subject	2653
matter and level.	2654

The board may require a random sample of persons holding a	2655
certificate to practice under this chapter to submit materials	2656
documenting completion of the continuing medical education	2657
requirement during the preceding registration period, but this	2658
provision shall not limit the board's authority to investigate	2659
pursuant to section 4731.22 of the Revised Code.	2660

(B)(1) Every person holding a certificate under this chapter	2661
to practice medicine and surgery, osteopathic medicine and	2662
surgery, or podiatric medicine and surgery wishing to renew that	2663
certificate shall apply to the board for a certificate of	2664
registration upon an application furnished by the board, and pay	2665
to the board at the time of application a fee of three hundred	2666
five dollars, according to the following schedule:	2667

(a) Persons whose last name begins with the letters "A"	2668
through "B," on or before April 1, 2001, and the first day of	2669
April of every odd-numbered year thereafter;	2670

(b) Persons whose last name begins with the letters "C"	2671
through "D," on or before January 1, 2001, and the first day of	2672
January of every odd-numbered year thereafter;	2673

(c) Persons whose last name begins with the letters "E"	2674
through "G," on or before October 1, 2000, and the first day of	2675
October of every even-numbered year thereafter;	2676

(d) Persons whose last name begins with the letters "H"	2677
through "K," on or before July 1, 2000, and the first day of July	2678
of every even-numbered year thereafter;	2679

(e) Persons whose last name begins with the letters "L"	2680
through "M," on or before April 1, 2000, and the first day of	2681
April of every even-numbered year thereafter;	2682

(f) Persons whose last name begins with the letters "N"	2683
through "R," on or before January 1, 2000, and the first day of	2684
January of every even-numbered year thereafter;	2685

(g) Persons whose last name begins with the letter "S," on or	2686
before October 1, 1999, and the first day of October of every	2687
odd-numbered year thereafter;	2688

(h) Persons whose last name begins with the letters "T"	2689
through "Z," on or before July 1, 1999, and the first day of July	2690
of every odd-numbered year thereafter.	2691

The board shall deposit the fee in accordance with section	2692
4731.24 of the Revised Code, except that the board shall deposit	2693
twenty dollars of the fee into the state treasury to the credit of	2694
the physician loan repayment fund created by section 3702.78 of	2695
the Revised Code.	2696

(2) The board shall mail or cause to be mailed to every	2697
person registered to practice medicine and surgery, osteopathic	2698
medicine and surgery, or podiatric medicine and surgery, a notice	2699
of registration renewal addressed to the person's last known	2700
address or may cause the notice to be sent to the person through	2701
the secretary of any recognized medical, osteopathic, or podiatric	2702
society, according to the following schedule:	2703

(a) To persons whose last name begins with the letters "A"	2704
through "B," on or before January 1, 2001, and the first day of	2705
January of every odd-numbered year thereafter;	2706

(b) To persons whose last name begins with the letters "C"	2707
through "D," on or before October 1, 2000, and the first day of	2708
October of every even-numbered year thereafter;	2709

(c) To persons whose last name begins with the letters "E"	2710
through "G," on or before July 1, 2000, and the first day of July	2711
of every even-numbered year thereafter;	2712

(d) To persons whose last name begins with the letters "H"	2713
through "K," on or before April 1, 2000, and the first day of	2714
April of every even-numbered year thereafter;	2715

(e) To persons whose last name begins with the letters "L"	2716
through "M," on or before January 1, 2000, and the first day of	2717
January of every even-numbered year thereafter;	2718

(f) To persons whose last name begins with the letters "N"	2719
through "R," on or before October 1, 1999, and the first day of	2720
October of every odd-numbered year thereafter;	2721

(g) To persons whose last name begins with the letter "S," on	2722
or before July 1, 1999, and the first day of July of every	2723
odd-numbered year thereafter;	2724

(h) To persons whose last name begins with the letters "T"	2725
through "Z," on or before April 1, 1999, and the first day of	2726
April of every odd-numbered year thereafter.	2727

(3) Failure of any person to receive a notice of renewal from	2728
the board shall not excuse the person from the requirements	2729
contained in this section.	2730

(4) The board's notice shall inform the applicant of the	2731
renewal procedure. The board shall provide the application for	2732
registration renewal in a form determined by the board. ~~The~~	2733

(5) The applicant shall provide in the application the	2734
applicant's full name, principal practice address and residence	2735
address, the number of the applicant's certificate to practice,	2736
and any other information required by the board. ~~The~~	2737

(6)(a) Except as provided in division (B)(6)(b) of this	2738
section, in the case of an applicant who prescribes or personally	2739
furnishes opioid analgesics or benzodiazepines, the applicant	2740
shall certify to the board whether the applicant has been granted	2741
access to the drug database established and maintained by the	2742
state board of pharmacy pursuant to section 4729.75 of the Revised	2743
Code.	2744

(b) The requirement in division (B)(6)(a) of this section	2745
does not apply if either of the following is the case:	2746

(i) The state board of pharmacy notifies the state medical	2747
board pursuant to section 4729.861 of the Revised Code that the	2748
applicant has been restricted from obtaining further information	2749
from the drug database.	2750

(ii) The state board of pharmacy no longer maintains the drug	2751
database.	2752

(c) If an applicant certifies to the state medical board that	2753
the applicant has been granted access to the drug database and the	2754
board finds through an audit or other means that the applicant has	2755
not been granted access, the board may take action under section	2756
4731.22 of the Revised Code.	2757

(7) The applicant shall include with the application a list	2758
of the names and addresses of any clinical nurse specialists,	2759
certified nurse-midwives, or certified nurse practitioners with	2760
whom the applicant is currently collaborating, as defined in	2761
section 4723.01 of the Revised Code. ~~The applicant shall execute~~	2762
~~and deliver the application to the board in a manner prescribed by~~	2763
~~the board.~~ Every person registered under this section shall give	2764
written notice to the state medical board of any change of	2765
principal practice address or residence address or in the list	2766
within thirty days of the change.	2767

(8) The applicant shall report any criminal offense to which	2768
the applicant has pleaded guilty, of which the applicant has been	2769
found guilty, or for which the applicant has been found eligible	2770
for intervention in lieu of conviction, since last filing an	2771
application for a certificate of registration.	2772

(9) The applicant shall execute and deliver the application	2773
to the board in a manner prescribed by the board.	2774

(C) The board shall issue to any person holding a certificate	2775
under this chapter to practice medicine and surgery, osteopathic	2776
medicine and surgery, or podiatric medicine and surgery, upon	2777
application and qualification therefor in accordance with this	2778
section, a certificate of registration under the seal of the	2779
board. A certificate of registration shall be valid for a two-year	2780
period.	2781

(D) Failure of any certificate holder to register and comply	2782
with this section shall operate automatically to suspend the	2783
holder's certificate to practice. Continued practice after the	2784
suspension of the certificate to practice shall be considered as	2785
practicing in violation of section 4731.41, 4731.43, or 4731.60 of	2786
the Revised Code. If the certificate has been suspended pursuant	2787
to this division for two years or less, it may be reinstated. The	2788
board shall reinstate a certificate to practice suspended for	2789
failure to register upon an applicant's submission of a renewal	2790
application, the biennial registration fee, and the applicable	2791
monetary penalty. The penalty for reinstatement shall be fifty	2792
dollars. If the certificate has been suspended pursuant to this	2793
division for more than two years, it may be restored. Subject to	2794
section 4731.222 of the Revised Code, the board may restore a	2795
certificate to practice suspended for failure to register upon an	2796
applicant's submission of a restoration application, the biennial	2797
registration fee, and the applicable monetary penalty and	2798
compliance with sections 4776.01 to 4776.04 of the Revised Code.	2799
The board shall not restore to an applicant a certificate to	2800
practice unless the board, in its discretion, decides that the	2801
results of the criminal records check do not make the applicant	2802
ineligible for a certificate issued pursuant to section 4731.14,	2803
4731.56, or 4731.57 of the Revised Code. The penalty for	2804
restoration shall be one hundred dollars. The board shall deposit	2805
the penalties in accordance with section 4731.24 of the Revised	2806
Code.	2807

(E) If an individual certifies completion of the number of	2808
hours and type of continuing medical education required to receive	2809
a certificate of registration or reinstatement of a certificate to	2810
practice, and the board finds through the random samples it	2811
conducts under this section or through any other means that the	2812
individual did not complete the requisite continuing medical	2813
education, the board may impose a civil penalty of not more than	2814
five thousand dollars. The board's finding shall be made pursuant	2815
to an adjudication under Chapter 119. of the Revised Code and by	2816
an affirmative vote of not fewer than six members.	2817

A civil penalty imposed under this division may be in	2818
addition to or in lieu of any other action the board may take	2819
under section 4731.22 of the Revised Code. The board shall deposit	2820
civil penalties in accordance with section 4731.24 of the Revised	2821
Code.	2822

(F) The state medical board may obtain information not	2823
protected by statutory or common law privilege from courts and	2824
other sources concerning malpractice claims against any person	2825
holding a certificate to practice under this chapter or practicing	2826
as provided in section 4731.36 of the Revised Code.	2827

(G) Each mailing sent by the board under division (B)(2) of	2828
this section to a person registered to practice medicine and	2829
surgery or osteopathic medicine and surgery shall inform the	2830
applicant of the reporting requirement established by division (H)	2831
of section 3701.79 of the Revised Code. At the discretion of the	2832
board, the information may be included on the application for	2833
registration or on an accompanying page.	2834

Section 2. That existing sections 4715.14, 4715.30,	2835
4715.302, 4723.28, 4723.486, 4723.487, 4725.092, 4725.16, 4725.19,	2836
4729.12, 4729.80, 4729.86, 4730.25, 4730.48, 4730.53, 4731.055,	2837
4731.22, and 4731.281 of the Revised Code are hereby repealed.	2838

Section 3. Sections 4715.14, 4723.486, 4725.16, 4729.12,	2839
4730.48, and 4731.281 of the Revised Code, as amended by this act,	2840
and section 4729.861, as enacted by this act, shall take effect	2841
January 1, 2015.	2842

Section 4. Sections 4715.30, 4715.302, 4723.28, 4723.487,	2843
4725.092, 4725.19, 4730.25, 4730.53, 4731.055, and 4731.22 of the	2844
Revised Code, as amended by this act, shall take effect April 1,	2845
2015.	2846

Section 5. As used in this section, "licensed health	2847
professional authorized to prescribe drugs" means an individual	2848
who is authorized by law to prescribe drugs, dangerous drugs, or	2849
drug therapy-related devices in the course of the individual's	2850
professional practice, including only the following: a dentist	2851
licensed under Chapter 4715. of the Revised Code, an advanced	2852
practice registered nurse who holds a certificate to prescribe	2853
issued under Chapter 4723. of the Revised Code, an optometrist	2854
licensed under Chapter 4725. of the Revised Code to practice	2855
optometry under a therapeutic pharmaceutical agents certificate, a	2856
physician assistant who holds a certificate to prescribe issued	2857
under Chapter 4730. of the Revised Code, and a physician	2858
authorized under Chapter 4731. of the Revised Code to practice	2859
medicine and surgery, osteopathic medicine and surgery, or	2860
podiatric medicine and surgery.	2861

Not later than January 1, 2015, each licensed health	2862
professional authorized to prescribe drugs who prescribes opioid	2863
analgesics or benzodiazepines and each pharmacist licensed under	2864
Chapter 4729. of the Revised Code shall obtain access to the drug	2865
database established and maintained by the State Board of Pharmacy	2866
pursuant to section 4729.75 of the Revised Code, unless the Board	2867
has restricted the professional or pharmacist from obtaining	2868
information from the database or the Board no longer maintains the	2869
database. Failure to comply with this section constitutes grounds	2870
for certificate or license suspension.	2871

Section 6. The General Assembly, applying the principle	2872
stated in division (B) of section 1.52 of the Revised Code that	2873
amendments are to be harmonized if reasonably capable of	2874
simultaneous operation, finds that the following sections,	2875
presented in this act as composites of the sections as amended by	2876
the acts indicated, are the resulting versions of the sections in	2877
effect prior to the effective date of the sections as presented in	2878
this act:	2879

Section 4715.14 of the Revised Code as amended by both Sub.	2880
H.B. 190 and Sub. H.B. 215 of the 128th General Assembly.	2881

Section 4723.487 of the Revised Code as amended by both Sub.	2882
H.B. 303 and Sub. S.B. 301 of the 129th General Assembly.	2883

Section 4725.16 of the Revised Code as amended by both Am.	2884
Sub. H.B. 59 and Am. Sub. H.B. 98 of the 130th General Assembly.	2885

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Bill Text: OH HB341 | 2013-2014 | 130th General Assembly | Engrossed

Ohio House Bill 341 (Prior Session Legislation)

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