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 House

130th General Assembly

Regular Session

2013-2014

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

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, with respect to a licensee who prescribes or personally	42
furnishes opioid analgesics or benzodiazepines as part of the	43
licensee's regular practice of dentistry, the registration shall	44
also include evidence that the licensee has been granted access to	45
the drug database established and maintained by the state board of	46
pharmacy pursuant 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

(B) A licensed dentist who desires to temporarily retire from	56
practice and who has given the board notice in writing to that	57
effect shall be granted such a retirement, provided only that at	58
that time all previous registration fees and additional costs of	59
reinstatement have been paid.	60

(C) Not later than the thirty-first day of January of an	61
even-numbered year, the board shall send a notice by certified	62
mail to a dentist who fails to renew a license in accordance with	63
division (A) of this section. The notice shall state all of the	64
following:	65

(1) That the board has not received the registration form and	66
fee described in that division;	67

(2) That the license shall remain valid and in good standing	68
until the first day of April following the last day of December of	69
the odd-numbered year in which the dentist was scheduled to renew	70
if the dentist remains in compliance with all other applicable	71
provisions of this chapter and any rule adopted under it;	72

(3) That the license may be renewed until the first day of	73
April following the last day of December of the odd-numbered year	74
in which the dentist was scheduled to renew by the payment of the	75
biennial registration fee and an additional fee of one hundred	76
dollars to cover the cost of late renewal;	77

(4) That unless the board receives the registration form and	78
fee before the first day of April following the last day of	79
December of the odd-numbered year in which the dentist was	80
scheduled to renew, the board may, on or after the relevant first	81
day of April, initiate disciplinary action against the dentist	82
pursuant to Chapter 119. of the Revised Code;	83

(5) That a dentist whose license has been suspended as a	84
result of disciplinary action initiated pursuant to division	85
(C)(4) of this section may be reinstated by the payment of the	86
biennial registration fee and an additional fee of three hundred	87
dollars to cover the cost of reinstatement.	88

(D) Each dentist licensed to practice, whether a resident or	89
not, shall notify the secretary in writing or electronically of	90
any change in the dentist's office address or employment within	91
ten days after such change has taken place. On the first day of	92
July of every even-numbered year, the secretary shall issue a	93
printed roster of the names and addresses so registered.	94

(E) Twenty dollars of each biennial registration fee shall be	95
paid to the dentist loan repayment fund created under section	96
3702.95 of the Revised Code.	97

Sec. 4715.30. (A) An applicant for or holder of a	98
certificate or license issued under this chapter is subject to	99
disciplinary action by the state dental board for any of the	100
following reasons:	101

(1) Employing or cooperating in fraud or material deception	102
in applying for or obtaining a license or certificate;	103

(2) Obtaining or attempting to obtain money or anything of	104
value by intentional misrepresentation or material deception in	105
the course of practice;	106

(3) Advertising services in a false or misleading manner or	107
violating the board's rules governing time, place, and manner of	108
advertising;	109

(4) Commission of an act that constitutes a felony in this	110
state, regardless of the jurisdiction in which the act was	111
committed;	112

(5) Commission of an act in the course of practice that	113
constitutes a misdemeanor in this state, regardless of the	114
jurisdiction in which the act was committed;	115

(6) Conviction of, a plea of guilty to, a judicial finding of	116
guilt of, a judicial finding of guilt resulting from a plea of no	117
contest to, or a judicial finding of eligibility for intervention	118
in lieu of conviction for, any felony or of a misdemeanor	119
committed in the course of practice;	120

(7) Engaging in lewd or immoral conduct in connection with	121
the provision of dental services;	122

(8) Selling, prescribing, giving away, or administering drugs	123
for other than legal and legitimate therapeutic purposes, or	124
conviction of, a plea of guilty to, a judicial finding of guilt	125
of, a judicial finding of guilt resulting from a plea of no	126
contest to, or a judicial finding of eligibility for intervention	127
in lieu of conviction for, a violation of any federal or state law	128
regulating the possession, distribution, or use of any drug;	129

(9) Providing or allowing dental hygienists, expanded	130
function dental auxiliaries, or other practitioners of auxiliary	131
dental occupations working under the certificate or license	132
holder's supervision, or a dentist holding a temporary limited	133
continuing education license under division (C) of section 4715.16	134
of the Revised Code working under the certificate or license	135
holder's direct supervision, to provide dental care that departs	136
from or fails to conform to accepted standards for the profession,	137
whether or not injury to a patient results;	138

(10) Inability to practice under accepted standards of the	139
profession because of physical or mental disability, dependence on	140
alcohol or other drugs, or excessive use of alcohol or other	141
drugs;	142

(11) Violation of any provision of this chapter or any rule	143
adopted thereunder;	144

(12) Failure to use universal blood and body fluid	145
precautions established by rules adopted under section 4715.03 of	146
the Revised Code;	147

(13) Except as provided in division (H) of this section,	148
either of the following:	149

(a) Waiving the payment of all or any part of a deductible or	150
copayment that a patient, pursuant to a health insurance or health	151
care policy, contract, or plan that covers dental services, would	152
otherwise be required to pay if the waiver is used as an	153
enticement to a patient or group of patients to receive health	154
care services from that certificate or license holder;	155

(b) Advertising that the certificate or license holder will	156
waive the payment of all or any part of a deductible or copayment	157
that a patient, pursuant to a health insurance or health care	158
policy, contract, or plan that covers dental services, would	159
otherwise be required to pay.	160

(14) Failure to comply with section 4715.302 or 4729.79 of	161
the Revised Code, unless the state board of pharmacy no longer	162
maintains a drug database pursuant to section 4729.75 of the	163
Revised Code;	164

(15) Any of the following actions taken by an agency	165
responsible for authorizing, certifying, or regulating an	166
individual to practice a health care occupation or provide health	167
care services in this state or another jurisdiction, for any	168
reason other than the nonpayment of fees: the limitation,	169
revocation, or suspension of an individual's license to practice;	170
acceptance of an individual's license surrender; denial of a	171
license; refusal to renew or reinstate a license; imposition of	172
probation; or issuance of an order of censure or other reprimand;	173

(16) Failure to cooperate in an investigation conducted by	174
the board under division (D) of section 4715.03 of the Revised	175
Code, including failure to comply with a subpoena or order issued	176
by the board or failure to answer truthfully a question presented	177
by the board at a deposition or in written interrogatories, except	178
that failure to cooperate with an investigation shall not	179
constitute grounds for discipline under this section if a court of	180
competent jurisdiction has issued an order that either quashes a	181
subpoena or permits the individual to withhold the testimony or	182
evidence in issue.	183

(B) A manager, proprietor, operator, or conductor of a dental	184
facility shall be subject to disciplinary action if any dentist,	185
dental hygienist, expanded function dental auxiliary, or qualified	186
personnel providing services in the facility is found to have	187
committed a violation listed in division (A) of this section and	188
the manager, proprietor, operator, or conductor knew of the	189
violation and permitted it to occur on a recurring basis.	190

(C) Subject to Chapter 119. of the Revised Code, the board	191
may take one or more of the following disciplinary actions if one	192
or more of the grounds for discipline listed in divisions (A) and	193
(B) of this section exist:	194

(1) Censure the license or certificate holder;

195

(2) Place the license or certificate on probationary status	196
for such period of time the board determines necessary and require	197
the holder to:	198

(a) Report regularly to the board upon the matters which are	199
the basis of probation;	200

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

201

(c) Continue or renew professional education until a	202
satisfactory degree of knowledge or clinical competency has been	203
attained in specified areas.	204

(3) Suspend the certificate or license;

205

(4) Revoke the certificate or license.

206

Where the board places a holder of a license or certificate	207
on probationary status pursuant to division (C)(2) of this	208
section, the board may subsequently suspend or revoke the license	209
or certificate if it determines that the holder has not met the	210
requirements of the probation or continues to engage in activities	211
that constitute grounds for discipline pursuant to division (A) or	212
(B) of this section.	213

Any order suspending a license or certificate shall state the	214
conditions under which the license or certificate will be	215
restored, which may include a conditional restoration during which	216
time the holder is in a probationary status pursuant to division	217
(C)(2) of this section. The board shall restore the license or	218
certificate unconditionally when such conditions are met.	219

(D) If the physical or mental condition of an applicant or a	220
license or certificate holder is at issue in a disciplinary	221
proceeding, the board may order the license or certificate holder	222
to submit to reasonable examinations by an individual designated	223
or approved by the board and at the board's expense. The physical	224
examination may be conducted by any individual authorized by the	225
Revised Code to do so, including a physician assistant, a clinical	226
nurse specialist, a certified nurse practitioner, or a certified	227
nurse-midwife. Any written documentation of the physical	228
examination shall be completed by the individual who conducted the	229
examination.	230

Failure to comply with an order for an examination shall be	231
grounds for refusal of a license or certificate or summary	232
suspension of a license or certificate under division (E) of this	233
section.	234

(E) If a license or certificate holder has failed to comply	235
with an order under division (D) of this section, the board may	236
apply to the court of common pleas of the county in which the	237
holder resides for an order temporarily suspending the holder's	238
license or certificate, without a prior hearing being afforded by	239
the board, until the board conducts an adjudication hearing	240
pursuant to Chapter 119. of the Revised Code. If the court	241
temporarily suspends a holder's license or certificate, the board	242
shall give written notice of the suspension personally or by	243
certified mail to the license or certificate holder. Such notice	244
shall inform the license or certificate holder of the right to a	245
hearing pursuant to Chapter 119. of the Revised Code.	246

(F) Any holder of a certificate or license issued under this	247
chapter who has pleaded guilty to, has been convicted of, or has	248
had a judicial finding of eligibility for intervention in lieu of	249
conviction entered against the holder in this state for aggravated	250
murder, murder, voluntary manslaughter, felonious assault,	251
kidnapping, rape, sexual battery, gross sexual imposition,	252
aggravated arson, aggravated robbery, or aggravated burglary, or	253
who has pleaded guilty to, has been convicted of, or has had a	254
judicial finding of eligibility for treatment or intervention in	255
lieu of conviction entered against the holder in another	256
jurisdiction for any substantially equivalent criminal offense, is	257
automatically suspended from practice under this chapter in this	258
state and any certificate or license issued to the holder under	259
this chapter is automatically suspended, as of the date of the	260
guilty plea, conviction, or judicial finding, whether the	261
proceedings are brought in this state or another jurisdiction.	262
Continued practice by an individual after the suspension of the	263
individual's certificate or license under this division shall be	264
considered practicing without a certificate or license. The board	265
shall notify the suspended individual of the suspension of the	266
individual's certificate or license under this division by	267
certified mail or in person in accordance with section 119.07 of	268
the Revised Code. If an individual whose certificate or license is	269
suspended under this division fails to make a timely request for	270
an adjudicatory hearing, the board shall enter a final order	271
revoking the individual's certificate or license.	272

(G) If the supervisory investigative panel determines both of	273
the following, the panel may recommend that the board suspend an	274
individual's certificate or license without a prior hearing:	275

(1) That there is clear and convincing evidence that an	276
individual has violated division (A) of this section;	277

(2) That the individual's continued practice presents a	278
danger of immediate and serious harm to the public.	279

Written allegations shall be prepared for consideration by	280
the board. The board, upon review of those allegations and by an	281
affirmative vote of not fewer than four dentist members of the	282
board and seven of its members in total, excluding any member on	283
the supervisory investigative panel, may suspend a certificate or	284
license without a prior hearing. A telephone conference call may	285
be utilized for reviewing the allegations and taking the vote on	286
the summary suspension.	287

The board shall issue a written order of suspension by	288
certified mail or in person in accordance with section 119.07 of	289
the Revised Code. The order shall not be subject to suspension by	290
the court during pendency or any appeal filed under section 119.12	291
of the Revised Code. If the individual subject to the summary	292
suspension requests an adjudicatory hearing by the board, the date	293
set for the hearing shall be within fifteen days, but not earlier	294
than seven days, after the individual requests the hearing, unless	295
otherwise agreed to by both the board and the individual.	296

Any summary suspension imposed under this division shall	297
remain in effect, unless reversed on appeal, until a final	298
adjudicative order issued by the board pursuant to this section	299
and Chapter 119. of the Revised Code becomes effective. The board	300
shall issue its final adjudicative order within seventy-five days	301
after completion of its hearing. A failure to issue the order	302
within seventy-five days shall result in dissolution of the	303
summary suspension order but shall not invalidate any subsequent,	304
final adjudicative order.	305

(H) Sanctions shall not be imposed under division (A)(13) of	306
this section against any certificate or license holder who waives	307
deductibles and copayments as follows:	308

(1) In compliance with the health benefit plan that expressly	309
allows such a practice. Waiver of the deductibles or copayments	310
shall be made only with the full knowledge and consent of the plan	311
purchaser, payer, and third-party administrator. Documentation of	312
the consent shall be made available to the board upon request.	313

(2) For professional services rendered to any other person	314
who holds a certificate or license issued pursuant to this chapter	315
to the extent allowed by this chapter and the rules of the board.	316

(I) In no event shall the board consider or raise during a	317
hearing required by Chapter 119. of the Revised Code the	318
circumstances of, or the fact that the board has received, one or	319
more complaints about a person unless the one or more complaints	320
are the subject of the hearing or resulted in the board taking an	321
action authorized by this section against the person on a prior	322
occasion.	323

(J) The board may share any information it receives pursuant	324
to an investigation under division (D) of section 4715.03 of the	325
Revised Code, including patient records and patient record	326
information, with law enforcement agencies, other licensing	327
boards, and other governmental agencies that are prosecuting,	328
adjudicating, or investigating alleged violations of statutes or	329
administrative rules. An agency or board that receives the	330
information shall comply with the same requirements regarding	331
confidentiality as those with which the state dental board must	332
comply, notwithstanding any conflicting provision of the Revised	333
Code or procedure of the agency or board that applies when it is	334
dealing with other information in its possession. In a judicial	335
proceeding, the information may be admitted into evidence only in	336
accordance with the Rules of Evidence, but the court shall require	337
that appropriate measures are taken to ensure that confidentiality	338
is maintained with respect to any part of the information that	339
contains names or other identifying information about patients or	340
complainants whose confidentiality was protected by the state	341
dental board when the information was in the board's possession.	342
Measures to ensure confidentiality that may be taken by the court	343
include sealing its records or deleting specific information from	344
its records.	345

Sec. 4715.302. (A) As used in this section, "drug database"	346
means the database established and maintained by the state board	347
of pharmacy pursuant to section 4729.75 of the Revised Code.	348

(B) ~~The~~Except as provided in divisions (C) and (E) of this	349
section, a dentist shall comply with all of the following as	350
conditions of prescribing a drug that is either an opioid	351
analgesic or a benzodiazepine, or personally furnishing a complete	352
or partial supply of such a drug, as part of a patient's course of	353
treatment for a particular condition:	354

(1) Before initially prescribing or furnishing the drug, the	355
dentist or the dentist's delegate shall request from the drug	356
database a report of information related to the patient that	357
covers at least the twelve months immediately preceding the date	358
of the request. If the dentist practices primarily in a county of	359
this state that adjoins another state, the dentist or delegate	360
also shall request a report of any information available in the	361
drug database that pertains to prescriptions issued or drugs	362
furnished to the patient in the state adjoining that county.	363

(2) If the patient's course of treatment for the condition	364
continues for more than ninety days after the initial report is	365
requested, the dentist or delegate shall make periodic requests	366
for reports of information from the drug database until the course	367
of treatment has ended. The requests shall be made at intervals	368
not exceeding ninety days, determined according to the date the	369
initial request was made. The request shall be made in the same	370
manner provided in division (B)(1) of this section for requesting	371
the initial report of information from the drug database.	372

(3) On receipt of a report under division (B)(1) or (2) of	373
this section, the dentist shall assess the information in the	374
report. The dentist shall document in the patient's record that	375
the report was received and the information was assessed.	376

(C)(1) Division (B) of this section does not apply if a drug	377
database report regarding the patient is not available. In this	378
event, the dentist shall document in the patient's record the	379
reason that the report is not available.	380

(2) Division (B) of this section does not apply if the drug	381
is prescribed or personally furnished in an amount indicated for a	382
period not to exceed seven days.	383

(D) With respect to prescribing or personally furnishing any	384
drug that is not an opioid analgesic or a benzodiazepine but is	385
included in the drug database pursuant to rules adopted under	386
section 4729.84 of the Revised Code, the state dental board shall	387
adopt rules ~~in accordance with Chapter 119. of the Revised Code~~	388
that establish standards and procedures to be followed by a	389
dentist regarding the review of patient information available	390
through the drug database under division (A)(5) of section 4729.80	391
of the Revised Code. The rules shall be adopted in accordance with	392
Chapter 119. of the Revised Code.	393

~~(C)~~(E) This section and the rules adopted under it do not	394
apply if the state board of pharmacy no longer maintains the drug	395
database.	396

Sec. 4723.28. (A) The board of nursing, by a vote of a	397
quorum, may impose one or more of the following sanctions if it	398
finds that a person committed fraud in passing an examination	399
required to obtain a license, certificate of authority, or	400
dialysis technician certificate issued by the board or to have	401
committed fraud, misrepresentation, or deception in applying for	402
or securing any nursing license, certificate of authority, or	403
dialysis technician certificate issued by the board: deny, revoke,	404
suspend, or place restrictions on any nursing license, certificate	405
of authority, or dialysis technician certificate issued by the	406
board; reprimand or otherwise discipline a holder of a nursing	407
license, certificate of authority, or dialysis technician	408
certificate; or impose a fine of not more than five hundred	409
dollars per violation.	410

(B) The board of nursing, by a vote of a quorum, may impose	411
one or more of the following sanctions: deny, revoke, suspend, or	412
place restrictions on any nursing license, certificate of	413
authority, or dialysis technician certificate issued by the board;	414
reprimand or otherwise discipline a holder of a nursing license,	415
certificate of authority, or dialysis technician certificate; or	416
impose a fine of not more than five hundred dollars per violation.	417
The sanctions may be imposed for any of the following:	418

(1) Denial, revocation, suspension, or restriction of	419
authority to engage in a licensed profession or practice a health	420
care occupation, including nursing or practice as a dialysis	421
technician, for any reason other than a failure to renew, in Ohio	422
or another state or jurisdiction;	423

(2) Engaging in the practice of nursing or engaging in	424
practice as a dialysis technician, having failed to renew a	425
nursing license or dialysis technician certificate issued under	426
this chapter, or while a nursing license or dialysis technician	427
certificate is under suspension;	428

(3) Conviction of, a plea of guilty to, a judicial finding of	429
guilt of, a judicial finding of guilt resulting from a plea of no	430
contest to, or a judicial finding of eligibility for a pretrial	431
diversion or similar program or for intervention in lieu of	432
conviction for, a misdemeanor committed in the course of practice;	433

(4) 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, any felony or of any crime involving gross	438
immorality or moral turpitude;	439

(5) Selling, giving away, or administering drugs or	440
therapeutic devices for other than legal and legitimate	441
therapeutic purposes; or conviction of, a plea of guilty to, a	442
judicial finding of guilt of, a judicial finding of guilt	443
resulting from a plea of no contest to, or a judicial finding of	444
eligibility for a pretrial diversion or similar program or for	445
intervention in lieu of conviction for, violating any municipal,	446
state, county, or federal drug law;	447

(6) Conviction of, a plea of guilty to, a judicial finding of	448
guilt of, a judicial finding of guilt resulting from a plea of no	449
contest to, or a judicial finding of eligibility for a pretrial	450
diversion or similar program or for intervention in lieu of	451
conviction for, an act in another jurisdiction that would	452
constitute a felony or a crime of moral turpitude in Ohio;	453

(7) Conviction of, a plea of guilty to, a judicial finding of	454
guilt of, a judicial finding of guilt resulting from a plea of no	455
contest to, or a judicial finding of eligibility for a pretrial	456
diversion or similar program or for intervention in lieu of	457
conviction for, an act in the course of practice in another	458
jurisdiction that would constitute a misdemeanor in Ohio;	459

(8) Self-administering or otherwise taking into the body any	460
dangerous drug, as defined in section 4729.01 of the Revised Code,	461
in any way that is not in accordance with a legal, valid	462
prescription issued for that individual, or self-administering or	463
otherwise taking into the body any drug that is a schedule I	464
controlled substance;	465

(9) Habitual or excessive use of controlled substances, other	466
habit-forming drugs, or alcohol or other chemical substances to an	467
extent that impairs the individual's ability to provide safe	468
nursing care or safe dialysis care;	469

(10) Impairment of the ability to practice according to	470
acceptable and prevailing standards of safe nursing care or safe	471
dialysis care because of the use of drugs, alcohol, or other	472
chemical substances;	473

(11) Impairment of the ability to practice according to	474
acceptable and prevailing standards of safe nursing care or safe	475
dialysis care because of a physical or mental disability;	476

(12) Assaulting or causing harm to a patient or depriving a	477
patient of the means to summon assistance;	478

(13) Misappropriation or attempted misappropriation of money	479
or anything of value in the course of practice;	480

(14) Adjudication by a probate court of being mentally ill or	481
mentally incompetent. The board may reinstate the person's nursing	482
license or dialysis technician certificate upon adjudication by a	483
probate court of the person's restoration to competency or upon	484
submission to the board of other proof of competency.	485

(15) The suspension or termination of employment by the	486
department of defense or the veterans administration of the United	487
States for any act that violates or would violate this chapter;	488

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

489

(17) Violation of any restrictions placed by the board on a	490
nursing license or dialysis technician certificate;	491

(18) Failure to use universal and standard precautions	492
established by rules adopted under section 4723.07 of the Revised	493
Code;	494

(19) Failure to practice in accordance with acceptable and	495
prevailing standards of safe nursing care or safe dialysis care;	496

(20) In the case of a registered nurse, engaging in	497
activities that exceed the practice of nursing as a registered	498
nurse;	499

(21) In the case of a licensed practical nurse, engaging in	500
activities that exceed the practice of nursing as a licensed	501
practical nurse;	502

(22) In the case of a dialysis technician, engaging in	503
activities that exceed those permitted under section 4723.72 of	504
the Revised Code;	505

(23) Aiding and abetting a person in that person's practice	506
of nursing without a license or practice as a dialysis technician	507
without a certificate issued under this chapter;	508

(24) In the case of a certified registered nurse anesthetist,	509
clinical nurse specialist, certified nurse-midwife, or certified	510
nurse practitioner, except as provided in division (M) of this	511
section, either of the following:	512

(a) Waiving the payment of all or any part of a deductible or	513
copayment that a patient, pursuant to a health insurance or health	514
care policy, contract, or plan that covers such nursing services,	515
would otherwise be required to pay if the waiver is used as an	516
enticement to a patient or group of patients to receive health	517
care services from that provider;	518

(b) Advertising that the nurse will waive the payment of all	519
or any part of a deductible or copayment that a patient, pursuant	520
to a health insurance or health care policy, contract, or plan	521
that covers such nursing services, would otherwise be required to	522
pay.	523

(25) Failure to comply with the terms and conditions of	524
participation in the chemical dependency monitoring program	525
established under section 4723.35 of the Revised Code;	526

(26) Failure to comply with the terms and conditions required	527
under the practice intervention and improvement program	528
established under section 4723.282 of the Revised Code;	529

(27) In the case of a certified registered nurse anesthetist,	530
clinical nurse specialist, certified nurse-midwife, or certified	531
nurse practitioner:	532

(a) Engaging in activities that exceed those permitted for	533
the nurse's nursing specialty under section 4723.43 of the Revised	534
Code;	535

(b) Failure to meet the quality assurance standards	536
established under section 4723.07 of the Revised Code.	537

(28) In the case of a clinical nurse specialist, certified	538
nurse-midwife, or certified nurse practitioner, failure to	539
maintain a standard care arrangement in accordance with section	540
4723.431 of the Revised Code or to practice in accordance with the	541
standard care arrangement;	542

(29) In the case of a clinical nurse specialist, certified	543
nurse-midwife, or certified nurse practitioner who holds a	544
certificate to prescribe issued under section 4723.48 of the	545
Revised Code, failure to prescribe drugs and therapeutic devices	546
in accordance with section 4723.481 of the Revised Code;	547

(30) Prescribing any drug or device to perform or induce an	548
abortion, or otherwise performing or inducing an abortion;	549

(31) Failure to establish and maintain professional	550
boundaries with a patient, as specified in rules adopted under	551
section 4723.07 of the Revised Code;	552

(32) Regardless of whether the contact or verbal behavior is	553
consensual, engaging with a patient other than the spouse of the	554
registered nurse, licensed practical nurse, or dialysis technician	555
in any of the following:	556

(a) Sexual contact, as defined in section 2907.01 of the	557
Revised Code;	558

(b) Verbal behavior that is sexually demeaning to the patient	559
or may be reasonably interpreted by the patient as sexually	560
demeaning.	561

(33) Assisting suicide as defined in section 3795.01 of the	562
Revised Code;	563

(34) Failure to comply with section 4723.487 of the Revised	564
Code, unless the state board of pharmacy no longer maintains a	565
drug database pursuant to section 4729.75 of the Revised Code.	566

(C) Disciplinary actions taken by the board under divisions	567
(A) and (B) of this section shall be taken pursuant to an	568
adjudication conducted under Chapter 119. of the Revised Code,	569
except that in lieu of a hearing, the board may enter into a	570
consent agreement with an individual to resolve an allegation of a	571
violation of this chapter or any rule adopted under it. A consent	572
agreement, when ratified by a vote of a quorum, shall constitute	573
the findings and order of the board with respect to the matter	574
addressed in the agreement. If the board refuses to ratify a	575
consent agreement, the admissions and findings contained in the	576
agreement shall be of no effect.	577

(D) The hearings of the board shall be conducted in	578
accordance with Chapter 119. of the Revised Code, the board may	579
appoint a hearing examiner, as provided in section 119.09 of the	580
Revised Code, to conduct any hearing the board is authorized to	581
hold under Chapter 119. of the Revised Code.	582

In any instance in which the board is required under Chapter	583
119. of the Revised Code to give notice of an opportunity for a	584
hearing and the applicant, licensee, or certificate holder does	585
not make a timely request for a hearing in accordance with section	586
119.07 of the Revised Code, the board is not required to hold a	587
hearing, but may adopt, by a vote of a quorum, a final order that	588
contains the board's findings. In the final order, the board may	589
order any of the sanctions listed in division (A) or (B) of this	590
section.	591

(E) If a criminal action is brought against a registered	592
nurse, licensed practical nurse, or dialysis technician for an act	593
or crime described in divisions (B)(3) to (7) of this section and	594
the action is dismissed by the trial court other than on the	595
merits, the board shall conduct an adjudication to determine	596
whether the registered nurse, licensed practical nurse, or	597
dialysis technician committed the act on which the action was	598
based. If the board determines on the basis of the adjudication	599
that the registered nurse, licensed practical nurse, or dialysis	600
technician committed the act, or if the registered nurse, licensed	601
practical nurse, or dialysis technician fails to participate in	602
the adjudication, the board may take action as though the	603
registered nurse, licensed practical nurse, or dialysis technician	604
had been convicted of the act.	605

If the board takes action on the basis of a conviction, plea,	606
or a judicial finding as described in divisions (B)(3) to (7) of	607
this section that is overturned on appeal, the registered nurse,	608
licensed practical nurse, or dialysis technician may, on	609
exhaustion of the appeal process, petition the board for	610
reconsideration of its action. On receipt of the petition and	611
supporting court documents, the board shall temporarily rescind	612
its action. If the board determines that the decision on appeal	613
was a decision on the merits, it shall permanently rescind its	614
action. If the board determines that the decision on appeal was	615
not a decision on the merits, it shall conduct an adjudication to	616
determine whether the registered nurse, licensed practical nurse,	617
or dialysis technician committed the act on which the original	618
conviction, plea, or judicial finding was based. If the board	619
determines on the basis of the adjudication that the registered	620
nurse, licensed practical nurse, or dialysis technician committed	621
such act, or if the registered nurse, licensed practical nurse, or	622
dialysis technician does not request an adjudication, the board	623
shall reinstate its action; otherwise, the board shall permanently	624
rescind its action.	625

Notwithstanding the provision of division (C)(2) of section	626
2953.32 of the Revised Code specifying that if records pertaining	627
to a criminal case are sealed under that section the proceedings	628
in the case shall be deemed not to have occurred, sealing of the	629
following records on which the board has based an action under	630
this section shall have no effect on the board's action or any	631
sanction imposed by the board under this section: records of any	632
conviction, guilty plea, judicial finding of guilt resulting from	633
a plea of no contest, or a judicial finding of eligibility for a	634
pretrial diversion program or intervention in lieu of conviction.	635

The board shall not be required to seal, destroy, redact, or	636
otherwise modify its records to reflect the court's sealing of	637
conviction records.	638

(F) The board may investigate an individual's criminal	639
background in performing its duties under this section. As part of	640
such investigation, the board may order the individual to submit,	641
at the individual's expense, a request to the bureau of criminal	642
identification and investigation for a criminal records check and	643
check of federal bureau of investigation records in accordance	644
with the procedure described in section 4723.091 of the Revised	645
Code.	646

(G) During the course of an investigation conducted under	647
this section, the board may compel any registered nurse, licensed	648
practical nurse, or dialysis technician or applicant under this	649
chapter to submit to a mental or physical examination, or both, as	650
required by the board and at the expense of the individual, if the	651
board finds reason to believe that the individual under	652
investigation may have a physical or mental impairment that may	653
affect the individual's ability to provide safe nursing care.	654
Failure of any individual to submit to a mental or physical	655
examination when directed constitutes an admission of the	656
allegations, unless the failure is due to circumstances beyond the	657
individual's control, and a default and final order may be entered	658
without the taking of testimony or presentation of evidence.	659

If the board finds that an individual is impaired, the board	660
shall require the individual to submit to care, counseling, or	661
treatment approved or designated by the board, as a condition for	662
initial, continued, reinstated, or renewed authority to practice.	663
The individual shall be afforded an opportunity to demonstrate to	664
the board that the individual can begin or resume the individual's	665
occupation in compliance with acceptable and prevailing standards	666
of care under the provisions of the individual's authority to	667
practice.	668

For purposes of this division, any registered nurse, licensed	669
practical nurse, or dialysis technician or applicant under this	670
chapter shall be deemed to have given consent to submit to a	671
mental or physical examination when directed to do so in writing	672
by the board, and to have waived all objections to the	673
admissibility of testimony or examination reports that constitute	674
a privileged communication.	675

(H) The board shall investigate evidence that appears to show	676
that any person has violated any provision of this chapter or any	677
rule of the board. Any person may report to the board any	678
information the person may have that appears to show a violation	679
of any provision of this chapter or rule of the board. In the	680
absence of bad faith, any person who reports such information or	681
who testifies before the board in any adjudication conducted under	682
Chapter 119. of the Revised Code shall not be liable for civil	683
damages as a result of the report or testimony.	684

(I) All of the following apply under this chapter with	685
respect to the confidentiality of information:	686

(1) Information received by the board pursuant to a complaint	687
or an investigation is confidential and not subject to discovery	688
in any civil action, except that the board may disclose	689
information to law enforcement officers and government entities	690
for purposes of an investigation of either a licensed health care	691
professional, including a registered nurse, licensed practical	692
nurse, or dialysis technician, or a person who may have engaged in	693
the unauthorized practice of nursing or dialysis care. No law	694
enforcement officer or government entity with knowledge of any	695
information disclosed by the board pursuant to this division shall	696
divulge the information to any other person or government entity	697
except for the purpose of a government investigation, a	698
prosecution, or an adjudication by a court or government entity.	699

(2) If an investigation requires a review of patient records,	700
the investigation and proceeding shall be conducted in such a	701
manner as to protect patient confidentiality.	702

(3) All adjudications and investigations of the board shall	703
be considered civil actions for the purposes of section 2305.252	704
of the Revised Code.	705

(4) Any board activity that involves continued monitoring of	706
an individual as part of or following any disciplinary action	707
taken under this section shall be conducted in a manner that	708
maintains the individual's confidentiality. Information received	709
or maintained by the board with respect to the board's monitoring	710
activities is not subject to discovery in any civil action and is	711
confidential, except that the board may disclose information to	712
law enforcement officers and government entities for purposes of	713
an investigation of a licensee or certificate holder.	714

(J) Any action taken by the board under this section	715
resulting in a suspension from practice shall be accompanied by a	716
written statement of the conditions under which the person may be	717
reinstated to practice.	718

(K) When the board refuses to grant a license or certificate	719
to an applicant, revokes a license or certificate, or refuses to	720
reinstate a license or certificate, the board may specify that its	721
action is permanent. An individual subject to permanent action	722
taken by the board is forever ineligible to hold a license or	723
certificate of the type that was refused or revoked and the board	724
shall not accept from the individual an application for	725
reinstatement of the license or certificate or for a new license	726
or certificate.	727

(L) No unilateral surrender of a nursing license, certificate	728
of authority, or dialysis technician certificate issued under this	729
chapter shall be effective unless accepted by majority vote of the	730
board. No application for a nursing license, certificate of	731
authority, or dialysis technician certificate issued under this	732
chapter may be withdrawn without a majority vote of the board. The	733
board's jurisdiction to take disciplinary action under this	734
section is not removed or limited when an individual has a license	735
or certificate classified as inactive or fails to renew a license	736
or certificate.	737

(M) Sanctions shall not be imposed under division (B)(24) of	738
this section against any licensee who waives deductibles and	739
copayments as follows:	740

(1) In compliance with the health benefit plan that expressly	741
allows such a practice. Waiver of the deductibles or copayments	742
shall be made only with the full knowledge and consent of the plan	743
purchaser, payer, and third-party administrator. Documentation of	744
the consent shall be made available to the board upon request.	745

(2) For professional services rendered to any other person	746
licensed pursuant to this chapter to the extent allowed by this	747
chapter and the rules of the board.	748

Sec. 4723.486. (A) A certificate to prescribe issued under	749
section 4723.48 of the Revised Code that is not issued as an	750
externship certificate is valid for two years, unless otherwise	751
provided in rules adopted under section 4723.50 of the Revised	752
Code or earlier suspended or revoked by the board. The board of	753
nursing shall renew certificates to prescribe according to	754
procedures and a renewal schedule established in rules adopted	755
under section 4723.50 of the Revised Code.	756

(B) ~~The~~Except as provided in division (C) of this section,	757
the board may renew a certificate to prescribe if the holder	758
submits to the board all of the following:	759

(1) Evidence of having completed during the previous two	760
years at least twelve hours of continuing education in advanced	761
pharmacology, or, if the certificate has been held for less than a	762
full renewal period, the number of hours required by the board in	763
rules adopted under section 4723.50 of the Revised Code;	764

(2) The fee required under section 4723.08 of the Revised	765
Code for renewal of a certificate to prescribe;	766

(3) Any additional information the board requires pursuant to	767
rules adopted under section 4723.50 of the Revised Code.	768

(C)(1) Except as provided in division (C)(2) of this section,	769
with respect to a certificate holder who prescribes opioid	770
analgesics or benzodiazepines as part of the holder's regular	771
practice of nursing, the holder shall also submit to the board	772
evidence of having been granted access to the drug database	773
established and maintained by the state board of pharmacy pursuant	774
to section 4729.75 of the Revised Code.	775

(2) The requirement in division (C)(1) of this section does	776
not apply if either of the following is the case:	777

(a) The state board of pharmacy notifies the board of nursing	778
pursuant to section 4729.861 of the Revised Code that the	779
certificate holder has been restricted from obtaining further	780
information from the drug database.	781

(b) The state board of pharmacy no longer maintains the drug	782
database.	783

(D) The continuing education in pharmacology required under	784
division (B)(1) of this section must be received from an	785
accredited institution recognized by the board. The hours of	786
continuing education required are in addition to any other	787
continuing education requirement that must be completed pursuant	788
to this chapter.	789

Sec. 4723.487. (A) As used in this section, "drug database"	790
means the database established and maintained by the state board	791
of pharmacy pursuant to section 4729.75 of the Revised Code.	792

(B) ~~The~~Except as provided in divisions (C) and (E) of this	793
section, an advanced practice registered nurse holding a	794
certificate to prescribe issued under this chapter shall comply	795
with all of the following as conditions of prescribing a drug that	796
is either an opioid analgesic or a benzodiazepine as part of a	797
patient's course of treatment for a particular condition:	798

(1) Before initially prescribing the drug, the nurse or the	799
nurse's delegate shall request from the drug database a report of	800
information related to the patient that covers at least the twelve	801
months immediately preceding the date of the request. If the nurse	802
practices primarily in a county of this state that adjoins another	803
state, the nurse or delegate also shall request a report of any	804
information available in the drug database that pertains to	805
prescriptions issued or drugs furnished to the patient in the	806
state adjoining that county.	807

(2) If the patient's course of treatment for the condition	808
continues for more than ninety days after the initial report is	809
requested, the nurse or delegate shall make periodic requests for	810
reports of information from the drug database until the course of	811
treatment has ended. The requests shall be made at intervals not	812
exceeding ninety days, determined according to the date the	813
initial request was made. The request shall be made in the same	814
manner provided in division (B)(1) of this section for requesting	815
the initial report of information from the drug database.	816

(3) On receipt of a report under division (B)(1) or (2) of	817
this section, the nurse shall assess the information in the	818
report. The nurse shall document in the patient's record that the	819
report was received and the information was assessed.	820

(C) Division (B) of this section does not apply if in any of	821
the following circumstances:	822

(1) A drug database report regarding the patient is not	823
available, in which case the nurse shall document in the patient's	824
record the reason that the report is not available.	825

(2) The drug is prescribed in an amount indicated for a	826
period not to exceed seven days.	827

(3) The drug is prescribed for the treatment of cancer or	828
another condition associated with cancer.	829

(4) The drug is prescribed to a hospice patient in a hospice	830
care program, as those terms are defined in section 3712.01 of the	831
Revised Code, or any other patient diagnosed as terminally ill.	832

(5) The drug is prescribed for administration in a hospital,	833
nursing home, or residential care facility.	834

(D) With respect to prescribing any drug that is not an	835
opioid analgesic or a benzodiazepine but is included in the drug	836
database pursuant to rules adopted under section 4729.84 of the	837
Revised Code, the board of nursing shall adopt rules ~~in accordance~~	838
~~with Chapter 119. of the Revised Code~~ that establish standards and	839
procedures to be followed by an advanced practice registered nurse	840
with a certificate to prescribe issued under section 4723.48 of	841
the Revised Code regarding the review of patient information	842
available through the drug database under division (A)(5) of	843
section 4729.80 of the Revised Code. The rules shall be adopted in	844
accordance with Chapter 119. of the Revised Code.	845

~~(C)~~(E) This section and the rules adopted under it do not	846
apply if the state board of pharmacy no longer maintains the drug	847
database.	848

Sec. 4725.092. (A) As used in this section, "drug database"	849
means the database established and maintained by the state board	850
of pharmacy pursuant to section 4729.75 of the Revised Code.	851

(B) ~~The~~Except as provided in divisions (C) and (E) of this	852
section, an optometrist holding a therapeutic pharmaceutical	853
agents certificate shall comply with all of the following as	854
conditions of prescribing a drug that is either an opioid	855
analgesic or a benzodiazepine, or personally furnishing a complete	856
or partial supply of such a drug, as part of a patient's course of	857
treatment for a particular condition:	858

(1) Before initially prescribing or furnishing the drug, the	859
optometrist or the optometrist's delegate shall request from the	860
drug database a report of information related to the patient that	861
covers at least the twelve months immediately preceding the date	862
of the request. If the optometrist practices primarily in a county	863
of this state that adjoins another state, the optometrist or	864
delegate also shall request a report of any information available	865
in the drug database that pertains to prescriptions issued or	866
drugs furnished to the patient in the state adjoining that county.	867

(2) If the patient's course of treatment for the condition	868
continues for more than ninety days after the initial report is	869
requested, the optometrist or delegate shall make periodic	870
requests for reports of information from the drug database until	871
the course of treatment has ended. The requests shall be made at	872
intervals not exceeding ninety days, determined according to the	873
date the initial request was made. The request shall be made in	874
the same manner provided in division (B)(1) of this section for	875
requesting the initial report of information from the drug	876
database.	877

(3) On receipt of a report under division (B)(1) or (2) of	878
this section, the optometrist shall assess the information in the	879
report. The optometrist shall document in the patient's record	880
that the report was received and the information was assessed.	881

(C)(1) Division (B) of this section does not apply if a drug	882
database report regarding the patient is not available. In this	883
event, the optometrist shall document in the patient's record the	884
reason that the report is not available.	885

(2) Division (B) of this section does not apply if the drug	886
is prescribed or personally furnished in an amount indicated for a	887
period not to exceed seven days.	888

(D) With respect to prescribing or personally furnishing any	889
drug that is not an opioid analgesic or a benzodiazepine but is	890
included in the drug database pursuant to rules adopted under	891
section 4729.84 of the Revised Code, the state board of optometry	892
shall adopt rules ~~in accordance with Chapter 119. of the Revised~~	893
~~Code~~ that establish standards and procedures to be followed by an	894
optometrist who holds a therapeutic pharmaceutical agents	895
certificate regarding the review of patient information available	896
through the drug database under division (A)(5) of section 4729.80	897
of the Revised Code. The rules shall be adopted in accordance with	898
Chapter 119. of the Revised Code.	899

~~(C)~~(E) This section and the rules adopted under it do not	900
apply if the state board of pharmacy no longer maintains the drug	901
database.	902

Sec. 4725.16. (A)(1) Each certificate of licensure, topical	903
ocular pharmaceutical agents certificate, and therapeutic	904
pharmaceutical agents certificate issued by the state board of	905
optometry shall expire annually on the last day of December, and	906
may be renewed in accordance with this section and the standard	907
renewal procedure established under Chapter 4745. of the Revised	908
Code.	909

(2) An optometrist seeking to continue to practice optometry	910
shall file with the board an application for license renewal. The	911
application shall be in such form and require such pertinent	912
professional biographical data as the board may require.	913

(3)(a) Except as provided in division (A)(3)(b) of this	914
section, in the case of an optometrist who holds a topical ocular	915
pharmaceutical agents certificate and who prescribes or personally	916
furnishes opioid analgesics or benzodiazepines as part of the	917
holder's regular practice of optometry, the application shall also	918
include evidence that the optometrist has been granted access to	919
the drug database established and maintained by the state board of	920
pharmacy pursuant to section 4729.75 of the Revised Code.	921

(b) The requirement in division (A)(3)(a) of this section	922
does not apply if either of the following is the case:	923

(i) The state board of pharmacy notifies the state board of	924
optometry pursuant to section 4729.861 of the Revised Code that	925
the certificate holder has been restricted from obtaining further	926
information from the drug database.	927

(ii) The state board of pharmacy no longer maintains the drug	928
database.	929

(B) All licensed optometrists shall annually complete	930
continuing education in subjects relating to the practice of	931
optometry, to the end that the utilization and application of new	932
techniques, scientific and clinical advances, and the achievements	933
of research will assure comprehensive care to the public. The	934
board shall prescribe by rule the continuing optometric education	935
that licensed optometrists must complete. The length of study	936
shall be twenty-five clock hours each year, including ten clock	937
hours of instruction in pharmacology to be completed by all	938
licensed optometrists.	939

Unless the continuing education required under this division	940
is waived or deferred under division (D) of this section, the	941
continuing education must be completed during the twelve-month	942
period beginning on the first day of October and ending on the	943
last day of September. If the board receives notice from a	944
continuing education program indicating that an optometrist	945
completed the program after the last day of September, and the	946
optometrist wants to use the continuing education completed after	947
that day to renew the license that expires on the last day of	948
December of that year, the optometrist shall pay the penalty	949
specified under section 4725.34 of the Revised Code for late	950
completion of continuing education.	951

At least once annually, the board shall post on its web site	952
and shall mail, or send by electronic mail, to each licensed	953
optometrist a list of courses approved in accordance with	954
standards prescribed by board rule. Upon the request of a licensed	955
optometrist, the executive director of the board shall supply a	956
list of additional courses that the board has approved subsequent	957
to the most recent web site posting, electronic mail transmission,	958
or mailing of the list of approved courses.	959

(C)(1) Annually, not later than the first day of November,	960
the board shall mail or send by electronic mail a notice regarding	961
license renewal to each licensed optometrist who may be eligible	962
for renewal. The notice shall be sent to the optometrist's most	963
recent electronic mail or mailing address shown in the board's	964
records. If the board knows that the optometrist has completed the	965
required continuing optometric education for the year, the board	966
may include with the notice an application for license renewal.	967

(2) Filing a license renewal application with the board shall	968
serve as notice by the optometrist that the continuing optometric	969
education requirement has been successfully completed. If the	970
board finds that an optometrist has not completed the required	971
continuing optometric education, the board shall disapprove the	972
optometrist's application. The board's disapproval of renewal is	973
effective without a hearing, unless a hearing is requested	974
pursuant to Chapter 119. of the Revised Code.	975

(3) The board shall refuse to accept an application for	976
renewal from any applicant whose license is not in good standing	977
or who is under disciplinary review pursuant to section 4725.19 of	978
the Revised Code.	979

(4) Notice of an applicant's failure to qualify for renewal	980
shall be served upon the applicant by mail. The notice shall be	981
sent not later than the fifteenth day of November to the	982
applicant's last address shown in the board's records.	983

(D) In cases of certified illness or undue hardship, the	984
board may waive or defer for up to twelve months the requirement	985
of continuing optometric education, except that in such cases the	986
board may not waive or defer the continuing education in	987
pharmacology required to be completed by optometrists who hold	988
topical ocular pharmaceutical agents certificates or therapeutic	989
pharmaceutical agents certificates. The board shall waive the	990
requirement of continuing optometric education for any optometrist	991
who is serving on active duty in the armed forces of the United	992
States or a reserve component of the armed forces of the United	993
States, including the Ohio national guard or the national guard of	994
any other state or who has received an initial certificate of	995
licensure during the nine-month period which ended on the last day	996
of September.	997

(E) An optometrist whose renewal application has been	998
approved may renew each certificate held by paying to the	999
treasurer of state the fees for renewal specified under section	1000
4725.34 of the Revised Code. On payment of all applicable fees,	1001
the board shall issue a renewal of the optometrist's certificate	1002
of licensure, topical ocular pharmaceutical agents certificate,	1003
and therapeutic pharmaceutical agents certificate, as appropriate.	1004

(F) Not later than the fifteenth day of December, the board	1005
shall mail or send by electronic mail a second notice regarding	1006
license renewal to each licensed optometrist who may be eligible	1007
for renewal but did not respond to the notice sent under division	1008
(C)(1) of this section. The notice shall be sent to the	1009
optometrist's most recent electronic mail or mailing address shown	1010
in the board's records. If an optometrist fails to file a renewal	1011
application after the second notice is sent, the board shall send	1012
a third notice regarding license renewal prior to any action under	1013
division (I) of this section to classify the optometrist's	1014
certificates as delinquent.	1015

(G) The failure of an optometrist to apply for license	1016
renewal or the failure to pay the applicable annual renewal fees	1017
on or before the date of expiration, shall automatically work a	1018
forfeiture of the optometrist's authority to practice optometry in	1019
this state.	1020

(H) The board shall accept renewal applications and renewal	1021
fees that are submitted from the first day of January to the last	1022
day of April of the year next succeeding the date of expiration.	1023
An individual who submits such a late renewal application or fee	1024
shall pay the late renewal fee specified in section 4725.34 of the	1025
Revised Code.	1026

(I)(1) If the certificates issued by the board to an	1027
individual have expired and the individual has not filed a	1028
complete application during the late renewal period, the	1029
individual's certificates shall be classified in the board's	1030
records as delinquent.	1031

(2) Any optometrist subject to delinquent classification may	1032
submit a written application to the board for reinstatement. For	1033
reinstatement to occur, the applicant must meet all of the	1034
following conditions:	1035

(a) Submit to the board evidence of compliance with board	1036
rules requiring continuing optometric education in a sufficient	1037
number of hours to make up for any delinquent compliance;	1038

(b) Pay the renewal fees for the year in which application	1039
for reinstatement is made and the reinstatement fee specified	1040
under division (A)(8) of section 4725.34 of the Revised Code;	1041

(c) Pass all or part of the licensing examination accepted by	1042
the board under section 4725.11 of the Revised Code as the board	1043
considers appropriate to determine whether the application for	1044
reinstatement should be approved;	1045

(d) If the applicant has been practicing optometry in another	1046
state or country, submit evidence that the applicant's license to	1047
practice optometry in the other state or country is in good	1048
standing.	1049

(3) The board shall approve an application for reinstatement	1050
if the conditions specified in division (I)(2) of this section are	1051
met. An optometrist who receives reinstatement is subject to the	1052
continuing education requirements specified under division (B) of	1053
this section for the year in which reinstatement occurs.	1054

Sec. 4725.19. (A) In accordance with Chapter 119. of the	1055
Revised Code and by an affirmative vote of a majority of its	1056
members, the state board of optometry, for any of the reasons	1057
specified in division (B) of this section, shall refuse to grant a	1058
certificate of licensure to an applicant and may, with respect to	1059
a licensed optometrist, do one or more of the following:	1060

(1) Suspend the operation of any certificate of licensure,	1061
topical ocular pharmaceutical agents certificate, or therapeutic	1062
pharmaceutical agents certificate, or all certificates granted by	1063
it to the optometrist;	1064

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

1065

(3) Limit or otherwise place restrictions on any or all of	1066
the certificates;	1067

(4) Reprimand the optometrist;

1068

(5) Impose a monetary penalty. If the reason for which the	1069
board is imposing the penalty involves a criminal offense that	1070
carries a fine under the Revised Code, the penalty shall not	1071
exceed the maximum fine that may be imposed for the criminal	1072
offense. In any other case, the penalty imposed by the board shall	1073
not exceed five hundred dollars.	1074

(6) Require the optometrist to take corrective action	1075
courses.	1076

The amount and content of corrective action courses shall be	1077
established by the board in rules adopted under section 4725.09 of	1078
the Revised Code.	1079

(B) The sanctions specified in division (A) of this section	1080
may be taken by the board for any of the following reasons:	1081

(1) Committing fraud in passing the licensing examination or	1082
making false or purposely misleading statements in an application	1083
for a certificate of licensure;	1084

(2) Being at any time guilty of immorality, regardless of the	1085
jurisdiction in which the act was committed;	1086

(3) Being guilty of dishonesty or unprofessional conduct in	1087
the practice of optometry;	1088

(4) Being at any time guilty of a felony, regardless of the	1089
jurisdiction in which the act was committed;	1090

(5) Being at any time guilty of a misdemeanor committed in	1091
the course of practice, regardless of the jurisdiction in which	1092
the act was committed;	1093

(6) Violating the conditions of any limitation or other	1094
restriction placed by the board on any certificate issued by the	1095
board;	1096

(7) Engaging in the practice of optometry as provided in	1097
division (A)(1), (2), or (3) of section 4725.01 of the Revised	1098
Code when the certificate authorizing that practice is under	1099
suspension, in which case the board shall permanently revoke the	1100
certificate;	1101

(8) Being denied a license to practice optometry in another	1102
state or country or being subject to any other sanction by the	1103
optometric licensing authority of another state or country, other	1104
than sanctions imposed for the nonpayment of fees;	1105

(9) Departing from or failing to conform to acceptable and	1106
prevailing standards of care in the practice of optometry as	1107
followed by similar practitioners under the same or similar	1108
circumstances, regardless of whether actual injury to a patient is	1109
established;	1110

(10) Failing to maintain comprehensive patient records;

1111

(11) Advertising a price of optical accessories, eye	1112
examinations, or other products or services by any means that	1113
would deceive or mislead the public;	1114

(12) Being addicted to the use of alcohol, stimulants,	1115
narcotics, or any other substance which impairs the intellect and	1116
judgment to such an extent as to hinder or diminish the	1117
performance of the duties included in the person's practice of	1118
optometry;	1119

(13) Engaging in the practice of optometry as provided in	1120
division (A)(2) or (3) of section 4725.01 of the Revised Code	1121
without authority to do so or, if authorized, in a manner	1122
inconsistent with the authority granted;	1123

(14) Failing to make a report to the board as required by	1124
division (A) of section 4725.21 or section 4725.31 of the Revised	1125
Code;	1126

(15) Soliciting patients from door to door or establishing	1127
temporary offices, in which case the board shall suspend all	1128
certificates held by the optometrist;	1129

(16) Failing to comply with section 4725.092 of the Revised	1130
Code, unless the state board of pharmacy no longer maintains a	1131
drug database pursuant to section 4729.75 of the Revised Code;	1132

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

1133

(a) Waiving the payment of all or any part of a deductible or	1134
copayment that a patient, pursuant to a health insurance or health	1135
care policy, contract, or plan that covers optometric services,	1136
would otherwise be required to pay if the waiver is used as an	1137
enticement to a patient or group of patients to receive health	1138
care services from that optometrist.	1139

(b) Advertising that the optometrist will waive the payment	1140
of all or any part of a deductible or copayment that a patient,	1141
pursuant to a health insurance or health care policy, contract, or	1142
plan that covers optometric services, would otherwise be required	1143
to pay.	1144

(C) Any person who is the holder of a certificate of	1145
licensure, or who is an applicant for a certificate of licensure	1146
against whom is preferred any charges, shall be furnished by the	1147
board with a copy of the complaint and shall have a hearing before	1148
the board in accordance with Chapter 119. of the Revised Code.	1149

(D) Sanctions shall not be imposed under division (B)~~(16)~~(17)	1150
of this section against any optometrist who waives deductibles and	1151
copayments:	1152

(1) In compliance with the health benefit plan that expressly	1153
allows such a practice. Waiver of the deductibles or copayments	1154
shall be made only with the full knowledge and consent of the plan	1155
purchaser, payer, and third-party administrator. Documentation of	1156
the consent shall be made available to the board upon request.	1157

(2) For professional services rendered to any other	1158
optometrist licensed by the board, to the extent allowed by	1159
sections 4725.01 to 4725.34 of the Revised Code and the rules of	1160
the board.	1161

Sec. 4729.12. An identification card issued by the state	1162
board of pharmacy under section 4729.08 of the Revised Code	1163
entitles the individual to whom it is issued to practice as a	1164
pharmacist or as a pharmacy intern in this state until the next	1165
annual renewal date.	1166

Identification cards shall be renewed annually on the	1167
fifteenth day of September, according to the standard renewal	1168
procedure of Chapter 4745. of the Revised Code.	1169

Each pharmacist and pharmacy intern shall carry the	1170
identification card or renewal identification card while engaged	1171
in the practice of pharmacy. The license shall be conspicuously	1172
exposed at the principal place where the pharmacist or pharmacy	1173
intern practices pharmacy.	1174

A pharmacist or pharmacy intern who desires to continue in	1175
the practice of pharmacy shall file with the board an application	1176
in such form and containing such data as the board may require for	1177
renewal of an identification card. An application filed under this	1178
section may not be withdrawn without the approval of the board. If	1179
the board finds that the applicant's card has not been revoked or	1180
placed under suspension and that the applicant has paid the	1181
renewal fee, has continued pharmacy education in accordance with	1182
the rules of the board, has been granted access to the drug	1183
database established and maintained by the board pursuant to	1184
section 4729.75 of the Revised Code (unless the board has	1185
restricted the applicant from obtaining any further information	1186
from the database or the board no longer maintains the database),	1187
and is entitled to continue in the practice of pharmacy, the board	1188
shall issue a renewal identification card to the applicant.	1189

When an identification card has lapsed for more than sixty	1190
days but application is made within three years after the	1191
expiration of the card, the applicant shall be issued a renewal	1192
identification card without further examination if the applicant	1193
meets the requirements of this section and pays the fee designated	1194
under division (E) of section 4729.15 of the Revised Code.	1195

Sec. 4729.80. (A) If the state board of pharmacy establishes	1196
and maintains a drug database pursuant to section 4729.75 of the	1197
Revised Code, the board is authorized or required to provide	1198
information from the database in accordance with the following:	1199

(1) On receipt of a request from a designated representative	1200
of a government entity responsible for the licensure, regulation,	1201
or discipline of health care professionals with authority to	1202
prescribe, administer, or dispense drugs, the board may provide to	1203
the representative information from the database relating to the	1204
professional who is the subject of an active investigation being	1205
conducted by the government entity.	1206

(2) On receipt of a request from a federal officer, or a	1207
state or local officer of this or any other state, whose duties	1208
include enforcing laws relating to drugs, the board shall provide	1209
to the officer information from the database relating to the	1210
person who is the subject of an active investigation of a drug	1211
abuse offense, as defined in section 2925.01 of the Revised Code,	1212
being conducted by the officer's employing government entity.	1213

(3) Pursuant to a subpoena issued by a grand jury, the board	1214
shall provide to the grand jury information from the database	1215
relating to the person who is the subject of an investigation	1216
being conducted by the grand jury.	1217

(4) Pursuant to a subpoena, search warrant, or court order in	1218
connection with the investigation or prosecution of a possible or	1219
alleged criminal offense, the board shall provide information from	1220
the database as necessary to comply with the subpoena, search	1221
warrant, or court order.	1222

(5) On receipt of a request from a prescriber or the	1223
prescriber's delegate approved by the board, the board ~~may~~shall	1224
provide to the prescriber a report of information from the	1225
database relating to a patient who is either ~~of the following~~a	1226
current patient of the prescriber or a potential patient of the	1227
prescriber based on a referral of the patient to the prescriber,	1228
if ~~the prescriber certifies in a form specified by the board that~~	1229
~~it is for the purpose of providing medical treatment to the~~	1230
~~patient who is the subject of the request~~all of the following	1231
conditions are met:	1232

(a) ~~A current patient of the prescriber~~The prescriber	1233
certifies in a form specified by the board that it is for the	1234
purpose of providing medical treatment to the patient who is the	1235
subject of the request;	1236

(b) ~~A potential patient of the prescriber based on a referral~~	1237
~~of the patient to the prescriber~~The prescriber has not been	1238
denied access to the database by the board.	1239

(6) On receipt of a request from a pharmacist or the	1240
pharmacist's delegate approved by the board, the board ~~may~~shall	1241
provide to the pharmacist information from the database relating	1242
to a current patient of the pharmacist, if the pharmacist	1243
certifies in a form specified by the board that it is for the	1244
purpose of the pharmacist's practice of pharmacy involving the	1245
patient who is the subject of the request and the pharmacist has	1246
not been denied access to the database by the board.	1247

(7) On receipt of a request from an individual seeking the	1248
individual's own database information in accordance with the	1249
procedure established in rules adopted under section 4729.84 of	1250
the Revised Code, the board may provide to the individual the	1251
individual's own database information.	1252

(8) On receipt of a request from the medical director of a	1253
managed care organization that has entered into a contract with	1254
the department of medicaid under section 5167.10 of the Revised	1255
Code and a data security agreement with the board required by	1256
section 5167.14 of the Revised Code, the board shall provide to	1257
the medical director information from the database relating to a	1258
medicaid recipient enrolled in the managed care organization,	1259
including information in the database related to prescriptions for	1260
the recipient that were not covered or reimbursed under a program	1261
administered by the department of medicaid, if the medicaid	1262
director confirms, upon request from the board, that the medicaid	1263
recipient is enrolled in the managed care organization.	1264

(9) On receipt of a request from the medicaid director, the	1265
board shall provide to the director information from the database	1266
relating to a recipient of a program administered by the	1267
department of medicaid, including information in the database	1268
related to prescriptions for the recipient that were not covered	1269
or paid by a program administered by the department.	1270

(10) On receipt of a request from the medical director of a	1271
managed care organization that has entered into a contract with	1272
the administrator of workers' compensation under division (B)(4)	1273
of section 4121.44 of the Revised Code and a data security	1274
agreement with the board required by section 4121.443 of the	1275
Revised Code, the board shall provide to the medical director	1276
information from the database relating to a claimant under Chapter	1277
4121., 4123., 4127., or 4131. of the Revised Code assigned to the	1278
managed care organization, including information in the database	1279
related to prescriptions for the claimant that were not covered or	1280
reimbursed under Chapter 4121., 4123., 4127., or 4131. of the	1281
Revised Code, if the administrator of workers' compensation	1282
confirms, upon request from the board, that the claimant is	1283
assigned to the managed care organization.	1284

(11) On receipt of a request from the administrator of	1285
workers' compensation, the board ~~may~~shall provide to the	1286
administrator information from the database relating to a claimant	1287
under Chapter 4121., 4123., 4127., or 4131. of the Revised Code,	1288
including information in the database related to prescriptions for	1289
the claimant that were not covered or reimbursed under Chapter	1290
4121., 4123., 4127., or 4131. of the Revised Code.	1291

~~(11)~~(12) On receipt of a request from a prescriber or the	1292
prescriber's delegate approved by the board, the board shall	1293
provide to the prescriber information from the database relating	1294
to a patient's mother, if the prescriber certifies in a form	1295
specified by the board that it is for the purpose of providing	1296
medical treatment to a newborn or infant patient diagnosed as	1297
opioid dependent and the prescriber has not been denied access to	1298
the database by the board.	1299

(13) On receipt of a request from a requestor described in	1300
division (A)(1), (2), (5), or (6) of this section who is from or	1301
participating with another state's prescription monitoring	1302
program, the board may provide to the requestor information from	1303
the database, but only if there is a written agreement under which	1304
the information is to be used and disseminated according to the	1305
laws of this state.	1306

(B) The state board of pharmacy shall maintain a record of	1307
each individual or entity that requests information from the	1308
database pursuant to this section. In accordance with rules	1309
adopted under section 4729.84 of the Revised Code, the board may	1310
use the records to document and report statistics and law	1311
enforcement outcomes.	1312

The board may provide records of an individual's requests for	1313
database information to the following:	1314

(1) A designated representative of a government entity that	1315
is responsible for the licensure, regulation, or discipline of	1316
health care professionals with authority to prescribe, administer,	1317
or dispense drugs who is involved in an active investigation being	1318
conducted by the government entity of the individual who submitted	1319
the requests for database information;	1320

(2) A federal officer, or a state or local officer of this or	1321
any other state, whose duties include enforcing laws relating to	1322
drugs and who is involved in an active investigation being	1323
conducted by the officer's employing government entity of the	1324
individual who submitted the requests for database information.	1325

(C) Information contained in the database and any information	1326
obtained from it is not a public record. Information contained in	1327
the records of requests for information from the database is not a	1328
public record. Information that does not identify a person may be	1329
released in summary, statistical, or aggregate form.	1330

(D) A pharmacist or prescriber shall not be held liable in	1331
damages to any person in any civil action for injury, death, or	1332
loss to person or property on the basis that the pharmacist or	1333
prescriber did or did not seek or obtain information from the	1334
database.	1335

Sec. 4729.86. If the state board of pharmacy establishes and	1336
maintains a drug database pursuant to section 4729.75 of the	1337
Revised Code, all of the following apply:	1338

(A)(1) No person identified in divisions (A)(1) to ~~(10)~~(12)	1339
or (B) of section 4729.80 of the Revised Code shall disseminate	1340
any written or electronic information the person receives from the	1341
drug database or otherwise provide another person access to the	1342
information that the person receives from the database, except as	1343
follows:	1344

(a) When necessary in the investigation or prosecution of a	1345
possible or alleged criminal offense;	1346

(b) When a person provides the information to the prescriber	1347
or pharmacist for whom the person is approved by the board to	1348
serve as a delegate of the prescriber or pharmacist for purposes	1349
of requesting and receiving information from the drug database	1350
under division (A)(5) or (6) of section 4729.80 of the Revised	1351
Code;	1352

(c) When a prescriber or pharmacist provides the information	1353
to a person who is approved by the board to serve as such a	1354
delegate of the prescriber or pharmacist.	1355

(2) No person shall provide false information to the state	1356
board of pharmacy with the intent to obtain or alter information	1357
contained in the drug database.	1358

(3) No person shall obtain drug database information by any	1359
means except as provided under section 4729.80 or 4729.81 of the	1360
Revised Code.	1361

(B) A person shall not use information obtained pursuant to	1362
division (A) of section 4729.80 of the Revised Code as evidence in	1363
any civil or administrative proceeding.	1364

(C)(1) ~~The~~Except as provided in division (C)(2) of this	1365
section, after providing notice and affording an opportunity for a	1366
hearing in accordance with Chapter 119. of the Revised Code, the	1367
board may restrict a person from obtaining further information	1368
from the drug database if any of the following is the case:	1369

(a) The person violates division (A)(1), (2), or (3) of this	1370
section;	1371

(b) The person is a requestor identified in division	1372
(A)~~(11)~~(13) of section 4729.80 of the Revised Code and the board	1373
determines that the person's actions in another state would have	1374
constituted a violation of division (A)(1), (2), or (3) of this	1375
section;	1376

(c) The person fails to comply with division (B) of this	1377
section, regardless of the jurisdiction in which the failure to	1378
comply occurred;	1379

(d) The person creates, by clear and convincing evidence, a	1380
threat to the security of information contained in the database.	1381

(2) If the board determines that allegations regarding a	1382
person's actions warrant restricting the person from obtaining	1383
further information from the drug database without a prior	1384
hearing, the board may summarily impose the restriction. A	1385
telephone conference call may be used for reviewing the	1386
allegations and taking a vote on the summary restriction. The	1387
summary restriction shall remain in effect, unless removed by the	1388
board, until the board's final adjudication order becomes	1389
effective.	1390

(3) The board shall determine the extent to which the person	1391
is restricted from obtaining further information from the	1392
database.	1393

Sec. 4729.861. If the state board of pharmacy establishes	1394
and maintains a drug database pursuant to section 4729.75 of the	1395
Revised Code and if the board restricts a prescriber from	1396
obtaining further information from the database pursuant to	1397
division (C) of section 4729.86 of the Revised Code, the board	1398
shall notify the government entity responsible for licensing the	1399
prescriber.	1400

Sec. 4730.25. (A) The state medical board, by an affirmative	1401
vote of not fewer than six members, may revoke or may refuse to	1402
grant a certificate to practice as a physician assistant or a	1403
certificate to prescribe to a person found by the board to have	1404
committed fraud, misrepresentation, or deception in applying for	1405
or securing the certificate.	1406

(B) The board, by an affirmative vote of not fewer than six	1407
members, shall, to the extent permitted by law, limit, revoke, or	1408
suspend an individual's certificate to practice as a physician	1409
assistant or certificate to prescribe, refuse to issue a	1410
certificate to an applicant, refuse to reinstate a certificate, or	1411
reprimand or place on probation the holder of a certificate for	1412
any of the following reasons:	1413

(1) Failure to practice in accordance with the conditions	1414
under which the supervising physician's supervision agreement with	1415
the physician assistant was approved, including the requirement	1416
that when practicing under a particular supervising physician, the	1417
physician assistant must practice only according to the physician	1418
supervisory plan the board approved for that physician or the	1419
policies of the health care facility in which the supervising	1420
physician and physician assistant are practicing;	1421

(2) Failure to comply with the requirements of this chapter,	1422
Chapter 4731. of the Revised Code, or any rules adopted by the	1423
board;	1424

(3) Violating or attempting to violate, directly or	1425
indirectly, or assisting in or abetting the violation of, or	1426
conspiring to violate, any provision of this chapter, Chapter	1427
4731. of the Revised Code, or the rules adopted by the board;	1428

(4) Inability to practice according to acceptable and	1429
prevailing standards of care by reason of mental illness or	1430
physical illness, including physical deterioration that adversely	1431
affects cognitive, motor, or perceptive skills;	1432

(5) Impairment of ability to practice according to acceptable	1433
and prevailing standards of care because of habitual or excessive	1434
use or abuse of drugs, alcohol, or other substances that impair	1435
ability to practice;	1436

(6) Administering drugs for purposes other than those	1437
authorized under this chapter;	1438

(7) Willfully betraying a professional confidence;

1439

(8) Making a false, fraudulent, deceptive, or misleading	1440
statement in soliciting or advertising for employment as a	1441
physician assistant; in connection with any solicitation or	1442
advertisement for patients; in relation to the practice of	1443
medicine as it pertains to physician assistants; or in securing or	1444
attempting to secure a certificate to practice as a physician	1445
assistant, a certificate to prescribe, or approval of a	1446
supervision agreement.	1447

As used in this division, "false, fraudulent, deceptive, or	1448
misleading statement" means a statement that includes a	1449
misrepresentation of fact, is likely to mislead or deceive because	1450
of a failure to disclose material facts, is intended or is likely	1451
to create false or unjustified expectations of favorable results,	1452
or includes representations or implications that in reasonable	1453
probability will cause an ordinarily prudent person to	1454
misunderstand or be deceived.	1455

(9) Representing, with the purpose of obtaining compensation	1456
or other advantage personally or for any other person, that an	1457
incurable disease or injury, or other incurable condition, can be	1458
permanently cured;	1459

(10) The obtaining of, or attempting to obtain, money or	1460
anything of value by fraudulent misrepresentations in the course	1461
of practice;	1462

(11) A plea of guilty to, a judicial finding of guilt of, or	1463
a judicial finding of eligibility for intervention in lieu of	1464
conviction for, a felony;	1465

(12) Commission of an act that constitutes a felony in this	1466
state, regardless of the jurisdiction in which the act was	1467
committed;	1468

(13) A plea of guilty to, a judicial finding of guilt of, or	1469
a judicial finding of eligibility for intervention in lieu of	1470
conviction for, a misdemeanor committed in the course of practice;	1471

(14) A plea of guilty to, a judicial finding of guilt of, or	1472
a judicial finding of eligibility for intervention in lieu of	1473
conviction for, a misdemeanor involving moral turpitude;	1474

(15) Commission of an act in the course of practice that	1475
constitutes a misdemeanor in this state, regardless of the	1476
jurisdiction in which the act was committed;	1477

(16) Commission of an act involving moral turpitude that	1478
constitutes a misdemeanor in this state, regardless of the	1479
jurisdiction in which the act was committed;	1480

(17) 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 violating any state or federal law regulating the	1483
possession, distribution, or use of any drug, including	1484
trafficking in drugs;	1485

(18) Any of the following actions taken by the state agency	1486
responsible for regulating the practice of physician assistants in	1487
another state, for any reason other than the nonpayment of fees:	1488
the limitation, revocation, or suspension of an individual's	1489
license to practice; acceptance of an individual's license	1490
surrender; denial of a license; refusal to renew or reinstate a	1491
license; imposition of probation; or issuance of an order of	1492
censure or other reprimand;	1493

(19) A departure from, or failure to conform to, minimal	1494
standards of care of similar physician assistants under the same	1495
or similar circumstances, regardless of whether actual injury to a	1496
patient is established;	1497

(20) Violation of the conditions placed by the board on a	1498
certificate to practice as a physician assistant, a certificate to	1499
prescribe, a physician supervisory plan, or supervision agreement;	1500

(21) Failure to use universal blood and body fluid	1501
precautions established by rules adopted under section 4731.051 of	1502
the Revised Code;	1503

(22) Failure to cooperate in an investigation conducted by	1504
the board under section 4730.26 of the Revised Code, including	1505
failure to comply with a subpoena or order issued by the board or	1506
failure to answer truthfully a question presented by the board at	1507
a deposition or in written interrogatories, except that failure to	1508
cooperate with an investigation shall not constitute grounds for	1509
discipline under this section if a court of competent jurisdiction	1510
has issued an order that either quashes a subpoena or permits the	1511
individual to withhold the testimony or evidence in issue;	1512

(23) Assisting suicide as defined in section 3795.01 of the	1513
Revised Code;	1514

(24) Prescribing any drug or device to perform or induce an	1515
abortion, or otherwise performing or inducing an abortion;	1516

(25) Failure to comply with section 4730.53 of the Revised	1517
Code, unless the board no longer maintains a drug database	1518
pursuant to section 4729.75 of the Revised Code.	1519

(C) Disciplinary actions taken by the board under divisions	1520
(A) and (B) of this section shall be taken pursuant to an	1521
adjudication under Chapter 119. of the Revised Code, except that	1522
in lieu of an adjudication, the board may enter into a consent	1523
agreement with a physician assistant or applicant to resolve an	1524
allegation of a violation of this chapter or any rule adopted	1525
under it. A consent agreement, when ratified by an affirmative	1526
vote of not fewer than six members of the board, shall constitute	1527
the findings and order of the board with respect to the matter	1528
addressed in the agreement. If the board refuses to ratify a	1529
consent agreement, the admissions and findings contained in the	1530
consent agreement shall be of no force or effect.	1531

(D) For purposes of divisions (B)(12), (15), and (16) of this	1532
section, the commission of the act may be established by a finding	1533
by the board, pursuant to an adjudication under Chapter 119. of	1534
the Revised Code, that the applicant or certificate holder	1535
committed the act in question. The board shall have no	1536
jurisdiction under these divisions in cases where the trial court	1537
renders a final judgment in the certificate holder's favor and	1538
that judgment is based upon an adjudication on the merits. The	1539
board shall have jurisdiction under these divisions in cases where	1540
the trial court issues an order of dismissal upon technical or	1541
procedural grounds.	1542

(E) The sealing of conviction records by any court shall have	1543
no effect upon a prior board order entered under the provisions of	1544
this section or upon the board's jurisdiction to take action under	1545
the provisions of this section if, based upon a plea of guilty, a	1546
judicial finding of guilt, or a judicial finding of eligibility	1547
for intervention in lieu of conviction, the board issued a notice	1548
of opportunity for a hearing prior to the court's order to seal	1549
the records. The board shall not be required to seal, destroy,	1550
redact, or otherwise modify its records to reflect the court's	1551
sealing of conviction records.	1552

(F) For purposes of this division, any individual who holds a	1553
certificate issued under this chapter, or applies for a	1554
certificate issued under this chapter, shall be deemed to have	1555
given consent to submit to a mental or physical examination when	1556
directed to do so in writing by the board and to have waived all	1557
objections to the admissibility of testimony or examination	1558
reports that constitute a privileged communication.	1559

(1) In enforcing division (B)(4) of this section, the board,	1560
upon a showing of a possible violation, may compel any individual	1561
who holds a certificate issued under this chapter or who has	1562
applied for a certificate pursuant to this chapter to submit to a	1563
mental examination, physical examination, including an HIV test,	1564
or both a mental and physical examination. The expense of the	1565
examination is the responsibility of the individual compelled to	1566
be examined. Failure to submit to a mental or physical examination	1567
or consent to an HIV test ordered by the board constitutes an	1568
admission of the allegations against the individual unless the	1569
failure is due to circumstances beyond the individual's control,	1570
and a default and final order may be entered without the taking of	1571
testimony or presentation of evidence. If the board finds a	1572
physician assistant unable to practice because of the reasons set	1573
forth in division (B)(4) of this section, the board shall require	1574
the physician assistant to submit to care, counseling, or	1575
treatment by physicians approved or designated by the board, as a	1576
condition for an initial, continued, reinstated, or renewed	1577
certificate. An individual affected under this division shall be	1578
afforded an opportunity to demonstrate to the board the ability to	1579
resume practicing in compliance with acceptable and prevailing	1580
standards of care.	1581

(2) For purposes of division (B)(5) of this section, if the	1582
board has reason to believe that any individual who holds a	1583
certificate issued under this chapter or any applicant for a	1584
certificate suffers such impairment, the board may compel the	1585
individual to submit to a mental or physical examination, or both.	1586
The expense of the examination is the responsibility of the	1587
individual compelled to be examined. Any mental or physical	1588
examination required under this division shall be undertaken by a	1589
treatment provider or physician qualified to conduct such	1590
examination and chosen by the board.	1591

Failure to submit to a mental or physical examination ordered	1592
by the board constitutes an admission of the allegations against	1593
the individual unless the failure is due to circumstances beyond	1594
the individual's control, and a default and final order may be	1595
entered without the taking of testimony or presentation of	1596
evidence. If the board determines that the individual's ability to	1597
practice is impaired, the board shall suspend the individual's	1598
certificate or deny the individual's application and shall require	1599
the individual, as a condition for initial, continued, reinstated,	1600
or renewed certification to practice or prescribe, to submit to	1601
treatment.	1602

Before being eligible to apply for reinstatement of a	1603
certificate suspended under this division, the physician assistant	1604
shall demonstrate to the board the ability to resume practice or	1605
prescribing in compliance with acceptable and prevailing standards	1606
of care. The demonstration shall include the following:	1607

(a) Certification from a treatment provider approved under	1608
section 4731.25 of the Revised Code that the individual has	1609
successfully completed any required inpatient treatment;	1610

(b) Evidence of continuing full compliance with an aftercare	1611
contract or consent agreement;	1612

(c) Two written reports indicating that the individual's	1613
ability to practice has been assessed and that the individual has	1614
been found capable of practicing according to acceptable and	1615
prevailing standards of care. The reports shall be made by	1616
individuals or providers approved by the board for making such	1617
assessments and shall describe the basis for their determination.	1618

The board may reinstate a certificate suspended under this	1619
division after such demonstration and after the individual has	1620
entered into a written consent agreement.	1621

When the impaired physician assistant resumes practice or	1622
prescribing, the board shall require continued monitoring of the	1623
physician assistant. The monitoring shall include compliance with	1624
the written consent agreement entered into before reinstatement or	1625
with conditions imposed by board order after a hearing, and, upon	1626
termination of the consent agreement, submission to the board for	1627
at least two years of annual written progress reports made under	1628
penalty of falsification stating whether the physician assistant	1629
has maintained sobriety.	1630

(G) If the secretary and supervising member determine that	1631
there is clear and convincing evidence that a physician assistant	1632
has violated division (B) of this section and that the	1633
individual's continued practice or prescribing presents a danger	1634
of immediate and serious harm to the public, they may recommend	1635
that the board suspend the individual's certificate to practice or	1636
prescribe without a prior hearing. Written allegations shall be	1637
prepared for consideration by the board.	1638

The board, upon review of those allegations and by an	1639
affirmative vote of not fewer than six of its members, excluding	1640
the secretary and supervising member, may suspend a certificate	1641
without a prior hearing. A telephone conference call may be	1642
utilized for reviewing the allegations and taking the vote on the	1643
summary suspension.	1644

The board shall issue a written order of suspension by	1645
certified mail or in person in accordance with section 119.07 of	1646
the Revised Code. The order shall not be subject to suspension by	1647
the court during pendency of any appeal filed under section 119.12	1648
of the Revised Code. If the physician assistant requests an	1649
adjudicatory hearing by the board, the date set for the hearing	1650
shall be within fifteen days, but not earlier than seven days,	1651
after the physician assistant requests the hearing, unless	1652
otherwise agreed to by both the board and the certificate holder.	1653

A summary suspension imposed under this division shall remain	1654
in effect, unless reversed on appeal, until a final adjudicative	1655
order issued by the board pursuant to this section and Chapter	1656
119. of the Revised Code becomes effective. The board shall issue	1657
its final adjudicative order within sixty days after completion of	1658
its hearing. Failure to issue the order within sixty days shall	1659
result in dissolution of the summary suspension order, but shall	1660
not invalidate any subsequent, final adjudicative order.	1661

(H) If the board takes action under division (B)(11), (13),	1662
or (14) of this section, and the judicial finding of guilt, guilty	1663
plea, or judicial finding of eligibility for intervention in lieu	1664
of conviction is overturned on appeal, upon exhaustion of the	1665
criminal appeal, a petition for reconsideration of the order may	1666
be filed with the board along with appropriate court documents.	1667
Upon receipt of a petition and supporting court documents, the	1668
board shall reinstate the certificate to practice or prescribe.	1669
The board may then hold an adjudication under Chapter 119. of the	1670
Revised Code to determine whether the individual committed the act	1671
in question. Notice of opportunity for hearing shall be given in	1672
accordance with Chapter 119. of the Revised Code. If the board	1673
finds, pursuant to an adjudication held under this division, that	1674
the individual committed the act, or if no hearing is requested,	1675
it may order any of the sanctions identified under division (B) of	1676
this section.	1677

(I) The certificate to practice issued to a physician	1678
assistant and the physician assistant's practice in this state are	1679
automatically suspended as of the date the physician assistant	1680
pleads guilty to, is found by a judge or jury to be guilty of, or	1681
is subject to a judicial finding of eligibility for intervention	1682
in lieu of conviction in this state or treatment or intervention	1683
in lieu of conviction in another state for any of the following	1684
criminal offenses in this state or a substantially equivalent	1685
criminal offense in another jurisdiction: aggravated murder,	1686
murder, voluntary manslaughter, felonious assault, kidnapping,	1687
rape, sexual battery, gross sexual imposition, aggravated arson,	1688
aggravated robbery, or aggravated burglary. Continued practice	1689
after the suspension shall be considered practicing without a	1690
certificate.	1691

The board shall notify the individual subject to the	1692
suspension by certified mail or in person in accordance with	1693
section 119.07 of the Revised Code. If an individual whose	1694
certificate is suspended under this division fails to make a	1695
timely request for an adjudication under Chapter 119. of the	1696
Revised Code, the board shall enter a final order permanently	1697
revoking the individual's certificate to practice.	1698

(J) In any instance in which the board is required by Chapter	1699
119. of the Revised Code to give notice of opportunity for hearing	1700
and the individual subject to the notice does not timely request a	1701
hearing in accordance with section 119.07 of the Revised Code, the	1702
board is not required to hold a hearing, but may adopt, by an	1703
affirmative vote of not fewer than six of its members, a final	1704
order that contains the board's findings. In that final order, the	1705
board may order any of the sanctions identified under division (A)	1706
or (B) of this section.	1707

(K) Any action taken by the board under division (B) of this	1708
section resulting in a suspension shall be accompanied by a	1709
written statement of the conditions under which the physician	1710
assistant's certificate may be reinstated. The board shall adopt	1711
rules in accordance with Chapter 119. of the Revised Code	1712
governing conditions to be imposed for reinstatement.	1713
Reinstatement of a certificate suspended pursuant to division (B)	1714
of this section requires an affirmative vote of not fewer than six	1715
members of the board.	1716

(L) When the board refuses to grant to an applicant a	1717
certificate to practice as a physician assistant or a certificate	1718
to prescribe, revokes an individual's certificate, refuses to	1719
issue a certificate, or refuses to reinstate an individual's	1720
certificate, the board may specify that its action is permanent.	1721
An individual subject to a permanent action taken by the board is	1722
forever thereafter ineligible to hold the certificate and the	1723
board shall not accept an application for reinstatement of the	1724
certificate or for issuance of a new certificate.	1725

(M) Notwithstanding any other provision of the Revised Code,	1726
all of the following apply:	1727

(1) The surrender of a certificate issued under this chapter	1728
is not effective unless or until accepted by the board.	1729
Reinstatement of a certificate surrendered to the board requires	1730
an affirmative vote of not fewer than six members of the board.	1731

(2) An application made under this chapter for a certificate,	1732
approval of a physician supervisory plan, or approval of a	1733
supervision agreement may not be withdrawn without approval of the	1734
board.	1735

(3) Failure by an individual to renew a certificate in	1736
accordance with section 4730.14 or section 4730.48 of the Revised	1737
Code shall not remove or limit the board's jurisdiction to take	1738
disciplinary action under this section against the individual.	1739

Sec. 4730.48. (A)(1) Except in the case of a provisional	1740
certificate to prescribe, a physician assistant's certificate to	1741
prescribe expires on the same date as the physician assistant's	1742
certificate to practice as a physician assistant, as provided in	1743
section 4730.14 of the Revised Code. The certificate to prescribe	1744
may be renewed in accordance with this section.	1745

(2) A person seeking to renew a certificate to prescribe	1746
shall, on or before the thirty-first day of January of each	1747
even-numbered year, apply for renewal of the certificate. The	1748
state medical board shall send renewal notices at least one month	1749
prior to the expiration date. The notice may be sent as part of	1750
the notice sent for renewal of the certificate to practice.	1751

(3) Applications for renewal shall be submitted to the board	1752
on forms the board shall prescribe and furnish. An application for	1753
renewal of a certificate to prescribe may be submitted in	1754
conjunction with an application for renewal of a certificate to	1755
practice.	1756

(4)(a) Except as provided in division (A)(4)(b) of this	1757
section, with respect to an applicant who holds a certificate to	1758
prescribe and prescribes opioid analgesics or benzodiazepines as	1759
part of the applicant's regular practice as a physician assistant,	1760
the application for renewal of a certificate to prescribe shall	1761
include evidence that the applicant has been granted access to the	1762
drug database established and maintained by the state board of	1763
pharmacy pursuant to section 4729.75 of the Revised Code.	1764

(b) The requirement in division (A)(4)(a) of this section	1765
does not apply if either of the following is the case:	1766

(i) The state board of pharmacy notifies the state medical	1767
board pursuant to section 4729.861 of the Revised Code that the	1768
applicant has been restricted from obtaining further information	1769
from the drug database.	1770

(ii) The state board of pharmacy no longer maintains the drug	1771
database.	1772

(5) Each application for renewal of a certificate to	1773
prescribe shall be accompanied by a biennial renewal fee of fifty	1774
dollars. The board shall deposit the fees in accordance with	1775
section 4731.24 of the Revised Code.	1776

(6) The applicant shall report any criminal offense that	1777
constitutes grounds under section 4730.25 of the Revised Code for	1778
refusing to issue a certificate to prescribe to which the	1779
applicant has pleaded guilty, of which the applicant has been	1780
found guilty, or for which the applicant has been found eligible	1781
for intervention in lieu of conviction, since last signing an	1782
application for a certificate to prescribe.	1783

(B) The board shall review all renewal applications received.	1784
If an applicant submits a complete renewal application and meets	1785
the requirements for renewal specified in section 4730.49 of the	1786
Revised Code, the board shall issue to the applicant a renewed	1787
certificate to prescribe.	1788

Sec. 4730.53. (A) As used in this section, "drug database"	1789
means the database established and maintained by the state board	1790
of pharmacy pursuant to section 4729.75 of the Revised Code.	1791

(B) ~~The~~Except as provided in divisions (C) and (E) of this	1792
section, a physician assistant holding a certificate to prescribe	1793
issued under this chapter shall comply with all of the following	1794
as conditions of prescribing a drug that is either an opioid	1795
analgesic or a benzodiazepine as part of a patient's course of	1796
treatment for a particular condition:	1797

(1) Before initially prescribing the drug, the physician	1798
assistant or the physician assistant's delegate shall request from	1799
the drug database a report of information related to the patient	1800
that covers at least the twelve months immediately preceding the	1801
date of the request. If the physician assistant practices	1802
primarily in a county of this state that adjoins another state,	1803
the physician assistant or delegate also shall request a report of	1804
any information available in the drug database that pertains to	1805
prescriptions issued or drugs furnished to the patient in the	1806
state adjoining that county.	1807

(2) If the patient's course of treatment for the condition	1808
continues for more than ninety days after the initial report is	1809
requested, the physician assistant or delegate shall make periodic	1810
requests for reports of information from the drug database until	1811
the course of treatment has ended. The requests shall be made at	1812
intervals not exceeding ninety days, determined according to the	1813
date the initial request was made. The request shall be made in	1814
the same manner provided in division (B)(1) of this section for	1815
requesting the initial report of information from the drug	1816
database.	1817

(3) On receipt of a report under division (B)(1) or (2) of	1818
this section, the physician assistant shall assess the information	1819
in the report. The physician assistant shall document in the	1820
patient's record that the report was received and the information	1821
was assessed.	1822

(C) Division (B) of this section does not apply in any of the	1823
following circumstances:	1824

(1) A drug database report regarding the patient is not	1825
available, in which case the physician assistant shall document in	1826
the patient's record the reason that the report is not available.	1827

(2) The drug is prescribed in an amount indicated for a	1828
period not to exceed seven days.	1829

(3) The drug is prescribed for the treatment of cancer or	1830
another condition associated with cancer.	1831

(4) The drug is prescribed to a hospice patient in a hospice	1832
care program, as those terms are defined in section 3712.01 of the	1833
Revised Code, or any other patient diagnosed as terminally ill.	1834

(5) The drug is prescribed for administration in a hospital,	1835
nursing home, or residential care facility.	1836

(D) With respect to prescribing any drug that is not an	1837
opioid analgesic or a benzodiazepine but is included in the drug	1838
database pursuant to rules adopted under section 4729.84 of the	1839
Revised Code, the state medical board shall adopt rules in	1840
~~accordance with Chapter 119. of the Revised Code~~ that establish	1841
standards and procedures to be followed by a physician assistant	1842
who holds a certificate to prescribe issued under this chapter	1843
regarding the review of patient information available through the	1844
drug database under division (A)(5) of section 4729.80 of the	1845
Revised Code. The rules shall be adopted in accordance with	1846
Chapter 119. of the Revised Code.	1847

~~(C)~~(E) This section and the rules adopted under it do not	1848
apply if the state board of pharmacy no longer maintains the drug	1849
database.	1850

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

1851

(1) "Drug database" means the database established and	1852
maintained by the state board of pharmacy pursuant to section	1853
4729.75 of the Revised Code.	1854

(2) "Physician" means an individual authorized under this	1855
chapter to practice medicine and surgery, osteopathic medicine and	1856
surgery, or podiatric medicine and surgery.	1857

(B) ~~The~~Except as provided in divisions (C) and (E) of this	1858
section, a physician shall comply with all of the following as	1859
conditions of prescribing a drug that is either an opioid	1860
analgesic or a benzodiazepine, or personally furnishing a complete	1861
or partial supply of such a drug, as part of a patient's course of	1862
treatment for a particular condition:	1863

(1) Before initially prescribing or furnishing the drug, the	1864
physician or the physician's delegate shall request from the drug	1865
database a report of information related to the patient that	1866
covers at least the twelve months immediately preceding the date	1867
of the request. If the physician practices primarily in a county	1868
of this state that adjoins another state, the physician or	1869
delegate also shall request a report of any information available	1870
in the drug database that pertains to prescriptions issued or	1871
drugs furnished to the patient in the state adjoining that county.	1872

(2) If the patient's course of treatment for the condition	1873
continues for more than ninety days after the initial report is	1874
requested, the physician or delegate shall make periodic requests	1875
for reports of information from the drug database until the course	1876
of treatment has ended. The requests shall be made at intervals	1877
not exceeding ninety days, determined according to the date the	1878
initial request was made. The request shall be made in the same	1879
manner provided in division (B)(1) of this section for requesting	1880
the initial report of information from the drug database.	1881

(3) On receipt of a report under division (B)(1) or (2) of	1882
this section, the physician shall assess the information in the	1883
report. The physician shall document in the patient's record that	1884
the report was received and the information was assessed.	1885

(C) Division (B) of this section does not apply in any of the	1886
following circumstances:	1887

(1) A drug database report regarding the patient is not	1888
available, in which case the physician shall document in the	1889
patient's record the reason that the report is not available.	1890

(2) The drug is prescribed or personally furnished in an	1891
amount indicated for a period not to exceed seven days.	1892

(3) The drug is prescribed or personally furnished for the	1893
treatment of cancer or another condition associated with cancer.	1894

(4) The drug is prescribed or personally furnished to a	1895
hospice patient in a hospice care program, as those terms are	1896
defined in section 3712.01 of the Revised Code, or any other	1897
patient diagnosed as terminally ill.	1898

(5) The drug is prescribed or personally furnished for	1899
administration in a hospital, nursing home, or residential care	1900
facility.	1901

(6) The drug is prescribed or personally furnished to treat	1902
acute pain resulting from a surgical or other invasive procedure	1903
or a delivery.	1904

(D) With respect to prescribing or personally furnishing any	1905
drug that is not an opioid analgesic or a benzodiazepine but is	1906
included in the drug database pursuant to rules adopted under	1907
section 4729.84 of the Revised Code, the state medical board shall	1908
adopt rules ~~in accordance with Chapter 119. of the Revised Code~~	1909
that establish standards and procedures to be followed by a	1910
physician regarding the review of patient information available	1911
through the drug database under division (A)(5) of section 4729.80	1912
of the Revised Code. The rules shall be adopted in accordance with	1913
Chapter 119. of the Revised Code.	1914

~~(C)~~(E) This section and the rules adopted under it do not	1915
apply if the state board of pharmacy no longer maintains the drug	1916
database.	1917

Sec. 4731.22. (A) The state medical board, by an affirmative	1918
vote of not fewer than six of its members, may limit, revoke, or	1919
suspend an individual's certificate to practice, refuse to grant a	1920
certificate to an individual, refuse to register an individual,	1921
refuse to reinstate a certificate, or reprimand or place on	1922
probation the holder of a certificate if the individual or	1923
certificate holder is found by the board to have committed fraud	1924
during the administration of the examination for a certificate to	1925
practice or to have committed fraud, misrepresentation, or	1926
deception in applying for or securing any certificate to practice	1927
or certificate of registration issued by the board.	1928

(B) The board, by an affirmative vote of not fewer than six	1929
members, shall, to the extent permitted by law, limit, revoke, or	1930
suspend an individual's certificate to practice, refuse to	1931
register an individual, refuse to reinstate a certificate, or	1932
reprimand or place on probation the holder of a certificate for	1933
one or more of the following reasons:	1934

(1) Permitting one's name or one's certificate to practice or	1935
certificate of registration to be used by a person, group, or	1936
corporation when the individual concerned is not actually	1937
directing the treatment given;	1938

(2) Failure to maintain minimal standards applicable to the	1939
selection or administration of drugs, or failure to employ	1940
acceptable scientific methods in the selection of drugs or other	1941
modalities for treatment of disease;	1942

(3) Selling, giving away, personally furnishing, prescribing,	1943
or administering drugs for other than legal and legitimate	1944
therapeutic purposes or a plea of guilty to, a judicial finding of	1945
guilt of, or a judicial finding of eligibility for intervention in	1946
lieu of conviction of, a violation of any federal or state law	1947
regulating the possession, distribution, or use of any drug;	1948

(4) Willfully betraying a professional confidence.

1949

For purposes of this division, "willfully betraying a	1950
professional confidence" does not include providing any	1951
information, documents, or reports to a child fatality review	1952
board under sections 307.621 to 307.629 of the Revised Code and	1953
does not include the making of a report of an employee's use of a	1954
drug of abuse, or a report of a condition of an employee other	1955
than one involving the use of a drug of abuse, to the employer of	1956
the employee as described in division (B) of section 2305.33 of	1957
the Revised Code. Nothing in this division affects the immunity	1958
from civil liability conferred by that section upon a physician	1959
who makes either type of report in accordance with division (B) of	1960
that section. As used in this division, "employee," "employer,"	1961
and "physician" have the same meanings as in section 2305.33 of	1962
the Revised Code.	1963

(5) Making a false, fraudulent, deceptive, or misleading	1964
statement in the solicitation of or advertising for patients; in	1965
relation to the practice of medicine and surgery, osteopathic	1966
medicine and surgery, podiatric medicine and surgery, or a limited	1967
branch of medicine; or in securing or attempting to secure any	1968
certificate to practice or certificate of registration issued by	1969
the board.	1970

As used in this division, "false, fraudulent, deceptive, or	1971
misleading statement" means a statement that includes a	1972
misrepresentation of fact, is likely to mislead or deceive because	1973
of a failure to disclose material facts, is intended or is likely	1974
to create false or unjustified expectations of favorable results,	1975
or includes representations or implications that in reasonable	1976
probability will cause an ordinarily prudent person to	1977
misunderstand or be deceived.	1978

(6) A departure from, or the failure to conform to, minimal	1979
standards of care of similar practitioners under the same or	1980
similar circumstances, whether or not actual injury to a patient	1981
is established;	1982

(7) Representing, with the purpose of obtaining compensation	1983
or other advantage as personal gain or for any other person, that	1984
an incurable disease or injury, or other incurable condition, can	1985
be permanently cured;	1986

(8) The obtaining of, or attempting to obtain, money or	1987
anything of value by fraudulent misrepresentations in the course	1988
of practice;	1989

(9) A plea of guilty to, a judicial finding of guilt of, or a	1990
judicial finding of eligibility for intervention in lieu of	1991
conviction for, a felony;	1992

(10) Commission of an act that constitutes a felony in this	1993
state, regardless of the jurisdiction in which the act was	1994
committed;	1995

(11) A plea of guilty to, a judicial finding of guilt of, or	1996
a judicial finding of eligibility for intervention in lieu of	1997
conviction for, a misdemeanor committed in the course of practice;	1998

(12) Commission of an act in the course of practice that	1999
constitutes a misdemeanor in this state, regardless of the	2000
jurisdiction in which the act was committed;	2001

(13) A plea of guilty to, a judicial finding of guilt of, or	2002
a judicial finding of eligibility for intervention in lieu of	2003
conviction for, a misdemeanor involving moral turpitude;	2004

(14) Commission of an act involving moral turpitude that	2005
constitutes a misdemeanor in this state, regardless of the	2006
jurisdiction in which the act was committed;	2007

(15) Violation of the conditions of limitation placed by the	2008
board upon a certificate to practice;	2009

(16) Failure to pay license renewal fees specified in this	2010
chapter;	2011

(17) Except as authorized in section 4731.31 of the Revised	2012
Code, engaging in the division of fees for referral of patients,	2013
or the receiving of a thing of value in return for a specific	2014
referral of a patient to utilize a particular service or business;	2015

(18) Subject to section 4731.226 of the Revised Code,	2016
violation of any provision of a code of ethics of the American	2017
medical association, the American osteopathic association, the	2018
American podiatric medical association, or any other national	2019
professional organizations that the board specifies by rule. The	2020
state medical board shall obtain and keep on file current copies	2021
of the codes of ethics of the various national professional	2022
organizations. The individual whose certificate is being suspended	2023
or revoked shall not be found to have violated any provision of a	2024
code of ethics of an organization not appropriate to the	2025
individual's profession.	2026

For purposes of this division, a "provision of a code of	2027
ethics of a national professional organization" does not include	2028
any provision that would preclude the making of a report by a	2029
physician of an employee's use of a drug of abuse, or of a	2030
condition of an employee other than one involving the use of a	2031
drug of abuse, to the employer of the employee as described in	2032
division (B) of section 2305.33 of the Revised Code. Nothing in	2033
this division affects the immunity from civil liability conferred	2034
by that section upon a physician who makes either type of report	2035
in accordance with division (B) of that section. As used in this	2036
division, "employee," "employer," and "physician" have the same	2037
meanings as in section 2305.33 of the Revised Code.	2038

(19) Inability to practice according to acceptable and	2039
prevailing standards of care by reason of mental illness or	2040
physical illness, including, but not limited to, physical	2041
deterioration that adversely affects cognitive, motor, or	2042
perceptive skills.	2043

In enforcing this division, the board, upon a showing of a	2044
possible violation, may compel any individual authorized to	2045
practice by this chapter or who has submitted an application	2046
pursuant to this chapter to submit to a mental examination,	2047
physical examination, including an HIV test, or both a mental and	2048
a physical examination. The expense of the examination is the	2049
responsibility of the individual compelled to be examined. Failure	2050
to submit to a mental or physical examination or consent to an HIV	2051
test ordered by the board constitutes an admission of the	2052
allegations against the individual unless the failure is due to	2053
circumstances beyond the individual's control, and a default and	2054
final order may be entered without the taking of testimony or	2055
presentation of evidence. If the board finds an individual unable	2056
to practice because of the reasons set forth in this division, the	2057
board shall require the individual to submit to care, counseling,	2058
or treatment by physicians approved or designated by the board, as	2059
a condition for initial, continued, reinstated, or renewed	2060
authority to practice. An individual affected under this division	2061
shall be afforded an opportunity to demonstrate to the board the	2062
ability to resume practice in compliance with acceptable and	2063
prevailing standards under the provisions of the individual's	2064
certificate. For the purpose of this division, any individual who	2065
applies for or receives a certificate to practice under this	2066
chapter accepts the privilege of practicing in this state and, by	2067
so doing, shall be deemed to have given consent to submit to a	2068
mental or physical examination when directed to do so in writing	2069
by the board, and to have waived all objections to the	2070
admissibility of testimony or examination reports that constitute	2071
a privileged communication.	2072

(20) Except when civil penalties are imposed under section	2073
4731.225 or 4731.281 of the Revised Code, and subject to section	2074
4731.226 of the Revised Code, violating or attempting to violate,	2075
directly or indirectly, or assisting in or abetting the violation	2076
of, or conspiring to violate, any provisions of this chapter or	2077
any rule promulgated by the board.	2078

This division does not apply to a violation or attempted	2079
violation of, assisting in or abetting the violation of, or a	2080
conspiracy to violate, any provision of this chapter or any rule	2081
adopted by the board that would preclude the making of a report by	2082
a physician of an employee's use of a drug of abuse, or of a	2083
condition of an employee other than one involving the use of a	2084
drug of abuse, to the employer of the employee as described in	2085
division (B) of section 2305.33 of the Revised Code. Nothing in	2086
this division affects the immunity from civil liability conferred	2087
by that section upon a physician who makes either type of report	2088
in accordance with division (B) of that section. As used in this	2089
division, "employee," "employer," and "physician" have the same	2090
meanings as in section 2305.33 of the Revised Code.	2091

(21) The violation of section 3701.79 of the Revised Code or	2092
of any abortion rule adopted by the public health council pursuant	2093
to section 3701.341 of the Revised Code;	2094

(22) Any of the following actions taken by an agency	2095
responsible for authorizing, certifying, or regulating an	2096
individual to practice a health care occupation or provide health	2097
care services in this state or another jurisdiction, for any	2098
reason other than the nonpayment of fees: the limitation,	2099
revocation, or suspension of an individual's license to practice;	2100
acceptance of an individual's license surrender; denial of a	2101
license; refusal to renew or reinstate a license; imposition of	2102
probation; or issuance of an order of censure or other reprimand;	2103

(23) The violation of section 2919.12 of the Revised Code or	2104
the performance or inducement of an abortion upon a pregnant woman	2105
with actual knowledge that the conditions specified in division	2106
(B) of section 2317.56 of the Revised Code have not been satisfied	2107
or with a heedless indifference as to whether those conditions	2108
have been satisfied, unless an affirmative defense as specified in	2109
division (H)(2) of that section would apply in a civil action	2110
authorized by division (H)(1) of that section;	2111

(24) The revocation, suspension, restriction, reduction, or	2112
termination of clinical privileges by the United States department	2113
of defense or department of veterans affairs or the termination or	2114
suspension of a certificate of registration to prescribe drugs by	2115
the drug enforcement administration of the United States	2116
department of justice;	2117

(25) Termination or suspension from participation in the	2118
medicare or medicaid programs by the department of health and	2119
human services or other responsible agency for any act or acts	2120
that also would constitute a violation of division (B)(2), (3),	2121
(6), (8), or (19) of this section;	2122

(26) Impairment of ability to practice according to	2123
acceptable and prevailing standards of care because of habitual or	2124
excessive use or abuse of drugs, alcohol, or other substances that	2125
impair ability to practice.	2126

For the purposes of this division, any individual authorized	2127
to practice by this chapter accepts the privilege of practicing in	2128
this state subject to supervision by the board. By filing an	2129
application for or holding a certificate to practice under this	2130
chapter, an individual shall be deemed to have given consent to	2131
submit to a mental or physical examination when ordered to do so	2132
by the board in writing, and to have waived all objections to the	2133
admissibility of testimony or examination reports that constitute	2134
privileged communications.	2135

If it has reason to believe that any individual authorized to	2136
practice by this chapter or any applicant for certification to	2137
practice suffers such impairment, the board may compel the	2138
individual to submit to a mental or physical examination, or both.	2139
The expense of the examination is the responsibility of the	2140
individual compelled to be examined. Any mental or physical	2141
examination required under this division shall be undertaken by a	2142
treatment provider or physician who is qualified to conduct the	2143
examination and who is chosen by the board.	2144

Failure to submit to a mental or physical examination ordered	2145
by the board constitutes an admission of the allegations against	2146
the individual unless the failure is due to circumstances beyond	2147
the individual's control, and a default and final order may be	2148
entered without the taking of testimony or presentation of	2149
evidence. If the board determines that the individual's ability to	2150
practice is impaired, the board shall suspend the individual's	2151
certificate or deny the individual's application and shall require	2152
the individual, as a condition for initial, continued, reinstated,	2153
or renewed certification to practice, to submit to treatment.	2154

Before being eligible to apply for reinstatement of a	2155
certificate suspended under this division, the impaired	2156
practitioner shall demonstrate to the board the ability to resume	2157
practice in compliance with acceptable and prevailing standards of	2158
care under the provisions of the practitioner's certificate. The	2159
demonstration shall include, but shall not be limited to, the	2160
following:	2161

(a) Certification from a treatment provider approved under	2162
section 4731.25 of the Revised Code that the individual has	2163
successfully completed any required inpatient treatment;	2164

(b) Evidence of continuing full compliance with an aftercare	2165
contract or consent agreement;	2166

(c) Two written reports indicating that the individual's	2167
ability to practice has been assessed and that the individual has	2168
been found capable of practicing according to acceptable and	2169
prevailing standards of care. The reports shall be made by	2170
individuals or providers approved by the board for making the	2171
assessments and shall describe the basis for their determination.	2172

The board may reinstate a certificate suspended under this	2173
division after that demonstration and after the individual has	2174
entered into a written consent agreement.	2175

When the impaired practitioner resumes practice, the board	2176
shall require continued monitoring of the individual. The	2177
monitoring shall include, but not be limited to, compliance with	2178
the written consent agreement entered into before reinstatement or	2179
with conditions imposed by board order after a hearing, and, upon	2180
termination of the consent agreement, submission to the board for	2181
at least two years of annual written progress reports made under	2182
penalty of perjury stating whether the individual has maintained	2183
sobriety.	2184

(27) A second or subsequent violation of section 4731.66 or	2185
4731.69 of the Revised Code;	2186

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

2187

(a) Waiving the payment of all or any part of a deductible or	2188
copayment that a patient, pursuant to a health insurance or health	2189
care policy, contract, or plan that covers the individual's	2190
services, otherwise would be required to pay if the waiver is used	2191
as an enticement to a patient or group of patients to receive	2192
health care services from that individual;	2193

(b) Advertising that the individual will waive the payment of	2194
all or any part of a deductible or copayment that a patient,	2195
pursuant to a health insurance or health care policy, contract, or	2196
plan that covers the individual's services, otherwise would be	2197
required to pay.	2198

(29) Failure to use universal blood and body fluid	2199
precautions established by rules adopted under section 4731.051 of	2200
the Revised Code;	2201

(30) Failure to provide notice to, and receive acknowledgment	2202
of the notice from, a patient when required by section 4731.143 of	2203
the Revised Code prior to providing nonemergency professional	2204
services, or failure to maintain that notice in the patient's	2205
file;	2206

(31) Failure of a physician supervising a physician assistant	2207
to maintain supervision in accordance with the requirements of	2208
Chapter 4730. of the Revised Code and the rules adopted under that	2209
chapter;	2210

(32) Failure of a physician or podiatrist to enter into a	2211
standard care arrangement with a clinical nurse specialist,	2212
certified nurse-midwife, or certified nurse practitioner with whom	2213
the physician or podiatrist is in collaboration pursuant to	2214
section 4731.27 of the Revised Code or failure to fulfill the	2215
responsibilities of collaboration after entering into a standard	2216
care arrangement;	2217

(33) Failure to comply with the terms of a consult agreement	2218
entered into with a pharmacist pursuant to section 4729.39 of the	2219
Revised Code;	2220

(34) Failure to cooperate in an investigation conducted by	2221
the board under division (F) of this section, including failure to	2222
comply with a subpoena or order issued by the board or failure to	2223
answer truthfully a question presented by the board in an	2224
investigative interview, an investigative office conference, at a	2225
deposition, or in written interrogatories, except that failure to	2226
cooperate with an investigation shall not constitute grounds for	2227
discipline under this section if a court of competent jurisdiction	2228
has issued an order that either quashes a subpoena or permits the	2229
individual to withhold the testimony or evidence in issue;	2230

(35) Failure to supervise an oriental medicine practitioner	2231
or acupuncturist in accordance with Chapter 4762. of the Revised	2232
Code and the board's rules for providing that supervision;	2233

(36) Failure to supervise an anesthesiologist assistant in	2234
accordance with Chapter 4760. of the Revised Code and the board's	2235
rules for supervision of an anesthesiologist assistant;	2236

(37) Assisting suicide as defined in section 3795.01 of the	2237
Revised Code;	2238

(38) Failure to comply with the requirements of section	2239
2317.561 of the Revised Code;	2240

(39) Failure to supervise a radiologist assistant in	2241
accordance with Chapter 4774. of the Revised Code and the board's	2242
rules for supervision of radiologist assistants;	2243

(40) Performing or inducing an abortion at an office or	2244
facility with knowledge that the office or facility fails to post	2245
the notice required under section 3701.791 of the Revised Code;	2246

(41) Failure to comply with the standards and procedures	2247
established in rules under section 4731.054 of the Revised Code	2248
for the operation of or the provision of care at a pain management	2249
clinic;	2250

(42) Failure to comply with the standards and procedures	2251
established in rules under section 4731.054 of the Revised Code	2252
for providing supervision, direction, and control of individuals	2253
at a pain management clinic;	2254

(43) Failure to comply with the requirements of section	2255
4729.79 or 4731.055 of the Revised Code, unless the state board of	2256
pharmacy no longer maintains a drug database pursuant to section	2257
4729.75 of the Revised Code;	2258

(44) Failure to comply with the requirements of section	2259
2919.171 of the Revised Code or failure to submit to the	2260
department of health in accordance with a court order a complete	2261
report as described in section 2919.171 of the Revised Code;	2262

(45) Practicing at a facility that is subject to licensure as	2263
a category III terminal distributor of dangerous drugs with a pain	2264
management clinic classification unless the person operating the	2265
facility has obtained and maintains the license with the	2266
classification;	2267

(46) Owning a facility that is subject to licensure as a	2268
category III terminal distributor of dangerous drugs with a pain	2269
management clinic classification unless the facility is licensed	2270
with the classification;	2271

(47) Failure to comply with the requirement regarding	2272
maintaining notes described in division (B) of section 2919.191 of	2273
the Revised Code or failure to satisfy the requirements of section	2274
2919.191 of the Revised Code prior to performing or inducing an	2275
abortion upon a pregnant woman.	2276

(C) Disciplinary actions taken by the board under divisions	2277
(A) and (B) of this section shall be taken pursuant to an	2278
adjudication under Chapter 119. of the Revised Code, except that	2279
in lieu of an adjudication, the board may enter into a consent	2280
agreement with an individual to resolve an allegation of a	2281
violation of this chapter or any rule adopted under it. A consent	2282
agreement, when ratified by an affirmative vote of not fewer than	2283
six members of the board, shall constitute the findings and order	2284
of the board with respect to the matter addressed in the	2285
agreement. If the board refuses to ratify a consent agreement, the	2286
admissions and findings contained in the consent agreement shall	2287
be of no force or effect.	2288

A telephone conference call may be utilized for ratification	2289
of a consent agreement that revokes or suspends an individual's	2290
certificate to practice. The telephone conference call shall be	2291
considered a special meeting under division (F) of section 121.22	2292
of the Revised Code.	2293

If the board takes disciplinary action against an individual	2294
under division (B) of this section for a second or subsequent plea	2295
of guilty to, or judicial finding of guilt of, a violation of	2296
section 2919.123 of the Revised Code, the disciplinary action	2297
shall consist of a suspension of the individual's certificate to	2298
practice for a period of at least one year or, if determined	2299
appropriate by the board, a more serious sanction involving the	2300
individual's certificate to practice. Any consent agreement	2301
entered into under this division with an individual that pertains	2302
to a second or subsequent plea of guilty to, or judicial finding	2303
of guilt of, a violation of that section shall provide for a	2304
suspension of the individual's certificate to practice for a	2305
period of at least one year or, if determined appropriate by the	2306
board, a more serious sanction involving the individual's	2307
certificate to practice.	2308

(D) For purposes of divisions (B)(10), (12), and (14) of this	2309
section, the commission of the act may be established by a finding	2310
by the board, pursuant to an adjudication under Chapter 119. of	2311
the Revised Code, that the individual committed the act. The board	2312
does not have jurisdiction under those divisions if the trial	2313
court renders a final judgment in the individual's favor and that	2314
judgment is based upon an adjudication on the merits. The board	2315
has jurisdiction under those divisions if the trial court issues	2316
an order of dismissal upon technical or procedural grounds.	2317

(E) The sealing of conviction records by any court shall have	2318
no effect upon a prior board order entered under this section or	2319
upon the board's jurisdiction to take action under this section	2320
if, based upon a plea of guilty, a judicial finding of guilt, or a	2321
judicial finding of eligibility for intervention in lieu of	2322
conviction, the board issued a notice of opportunity for a hearing	2323
prior to the court's order to seal the records. The board shall	2324
not be required to seal, destroy, redact, or otherwise modify its	2325
records to reflect the court's sealing of conviction records.	2326

(F)(1) The board shall investigate evidence that appears to	2327
show that a person has violated any provision of this chapter or	2328
any rule adopted under it. Any person may report to the board in a	2329
signed writing any information that the person may have that	2330
appears to show a violation of any provision of this chapter or	2331
any rule adopted under it. In the absence of bad faith, any person	2332
who reports information of that nature or who testifies before the	2333
board in any adjudication conducted under Chapter 119. of the	2334
Revised Code shall not be liable in damages in a civil action as a	2335
result of the report or testimony. Each complaint or allegation of	2336
a violation received by the board shall be assigned a case number	2337
and shall be recorded by the board.	2338

(2) Investigations of alleged violations of this chapter or	2339
any rule adopted under it shall be supervised by the supervising	2340
member elected by the board in accordance with section 4731.02 of	2341
the Revised Code and by the secretary as provided in section	2342
4731.39 of the Revised Code. The president may designate another	2343
member of the board to supervise the investigation in place of the	2344
supervising member. No member of the board who supervises the	2345
investigation of a case shall participate in further adjudication	2346
of the case.	2347

(3) In investigating a possible violation of this chapter or	2348
any rule adopted under this chapter, or in conducting an	2349
inspection under division (E) of section 4731.054 of the Revised	2350
Code, the board may question witnesses, conduct interviews,	2351
administer oaths, order the taking of depositions, inspect and	2352
copy any books, accounts, papers, records, or documents, issue	2353
subpoenas, and compel the attendance of witnesses and production	2354
of books, accounts, papers, records, documents, and testimony,	2355
except that a subpoena for patient record information shall not be	2356
issued without consultation with the attorney general's office and	2357
approval of the secretary and supervising member of the board.	2358

(a) Before issuance of a subpoena for patient record	2359
information, the secretary and supervising member shall determine	2360
whether there is probable cause to believe that the complaint	2361
filed alleges a violation of this chapter or any rule adopted	2362
under it and that the records sought are relevant to the alleged	2363
violation and material to the investigation. The subpoena may	2364
apply only to records that cover a reasonable period of time	2365
surrounding the alleged violation.	2366

(b) On failure to comply with any subpoena issued by the	2367
board and after reasonable notice to the person being subpoenaed,	2368
the board may move for an order compelling the production of	2369
persons or records pursuant to the Rules of Civil Procedure.	2370

(c) A subpoena issued by the board may be served by a	2371
sheriff, the sheriff's deputy, or a board employee designated by	2372
the board. Service of a subpoena issued by the board may be made	2373
by delivering a copy of the subpoena to the person named therein,	2374
reading it to the person, or leaving it at the person's usual	2375
place of residence, usual place of business, or address on file	2376
with the board. When serving a subpoena to an applicant for or the	2377
holder of a certificate issued under this chapter, service of the	2378
subpoena may be made by certified mail, return receipt requested,	2379
and the subpoena shall be deemed served on the date delivery is	2380
made or the date the person refuses to accept delivery. If the	2381
person being served refuses to accept the subpoena or is not	2382
located, service may be made to an attorney who notifies the board	2383
that the attorney is representing the person.	2384

(d) A sheriff's deputy who serves a subpoena shall receive	2385
the same fees as a sheriff. Each witness who appears before the	2386
board in obedience to a subpoena shall receive the fees and	2387
mileage provided for under section 119.094 of the Revised Code.	2388

(4) All hearings, investigations, and inspections of the	2389
board shall be considered civil actions for the purposes of	2390
section 2305.252 of the Revised Code.	2391

(5) A report required to be submitted to the board under this	2392
chapter, a complaint, or information received by the board	2393
pursuant to an investigation or pursuant to an inspection under	2394
division (E) of section 4731.054 of the Revised Code is	2395
confidential and not subject to discovery in any civil action.	2396

The board shall conduct all investigations or inspections and	2397
proceedings in a manner that protects the confidentiality of	2398
patients and persons who file complaints with the board. The board	2399
shall not make public the names or any other identifying	2400
information about patients or complainants unless proper consent	2401
is given or, in the case of a patient, a waiver of the patient	2402
privilege exists under division (B) of section 2317.02 of the	2403
Revised Code, except that consent or a waiver of that nature is	2404
not required if the board possesses reliable and substantial	2405
evidence that no bona fide physician-patient relationship exists.	2406

The board may share any information it receives pursuant to	2407
an investigation or inspection, including patient records and	2408
patient record information, with law enforcement agencies, other	2409
licensing boards, and other governmental agencies that are	2410
prosecuting, adjudicating, or investigating alleged violations of	2411
statutes or administrative rules. An agency or board that receives	2412
the information shall comply with the same requirements regarding	2413
confidentiality as those with which the state medical board must	2414
comply, notwithstanding any conflicting provision of the Revised	2415
Code or procedure of the agency or board that applies when it is	2416
dealing with other information in its possession. In a judicial	2417
proceeding, the information may be admitted into evidence only in	2418
accordance with the Rules of Evidence, but the court shall require	2419
that appropriate measures are taken to ensure that confidentiality	2420
is maintained with respect to any part of the information that	2421
contains names or other identifying information about patients or	2422
complainants whose confidentiality was protected by the state	2423
medical board when the information was in the board's possession.	2424
Measures to ensure confidentiality that may be taken by the court	2425
include sealing its records or deleting specific information from	2426
its records.	2427

(6) On a quarterly basis, the board shall prepare a report	2428
that documents the disposition of all cases during the preceding	2429
three months. The report shall contain the following information	2430
for each case with which the board has completed its activities:	2431

(a) The case number assigned to the complaint or alleged	2432
violation;	2433

(b) The type of certificate to practice, if any, held by the	2434
individual against whom the complaint is directed;	2435

(c) A description of the allegations contained in the	2436
complaint;	2437

(d) The disposition of the case.

2438

The report shall state how many cases are still pending and	2439
shall be prepared in a manner that protects the identity of each	2440
person involved in each case. The report shall be a public record	2441
under section 149.43 of the Revised Code.	2442

(G) If the secretary and supervising member determine both of	2443
the following, they may recommend that the board suspend an	2444
individual's certificate to practice without a prior hearing:	2445

(1) That there is clear and convincing evidence that an	2446
individual has violated division (B) of this section;	2447

(2) That the individual's continued practice presents a	2448
danger of immediate and serious harm to the public.	2449

Written allegations shall be prepared for consideration by	2450
the board. The board, upon review of those allegations and by an	2451
affirmative vote of not fewer than six of its members, excluding	2452
the secretary and supervising member, may suspend a certificate	2453
without a prior hearing. A telephone conference call may be	2454
utilized for reviewing the allegations and taking the vote on the	2455
summary suspension.	2456

The board shall issue a written order of suspension by	2457
certified mail or in person in accordance with section 119.07 of	2458
the Revised Code. The order shall not be subject to suspension by	2459
the court during pendency of any appeal filed under section 119.12	2460
of the Revised Code. If the individual subject to the summary	2461
suspension requests an adjudicatory hearing by the board, the date	2462
set for the hearing shall be within fifteen days, but not earlier	2463
than seven days, after the individual requests the hearing, unless	2464
otherwise agreed to by both the board and the individual.	2465

Any summary suspension imposed under this division shall	2466
remain in effect, unless reversed on appeal, until a final	2467
adjudicative order issued by the board pursuant to this section	2468
and Chapter 119. of the Revised Code becomes effective. The board	2469
shall issue its final adjudicative order within seventy-five days	2470
after completion of its hearing. A failure to issue the order	2471
within seventy-five days shall result in dissolution of the	2472
summary suspension order but shall not invalidate any subsequent,	2473
final adjudicative order.	2474

(H) If the board takes action under division (B)(9), (11), or	2475
(13) of this section and the judicial finding of guilt, guilty	2476
plea, or judicial finding of eligibility for intervention in lieu	2477
of conviction is overturned on appeal, upon exhaustion of the	2478
criminal appeal, a petition for reconsideration of the order may	2479
be filed with the board along with appropriate court documents.	2480
Upon receipt of a petition of that nature and supporting court	2481
documents, the board shall reinstate the individual's certificate	2482
to practice. The board may then hold an adjudication under Chapter	2483
119. of the Revised Code to determine whether the individual	2484
committed the act in question. Notice of an opportunity for a	2485
hearing shall be given in accordance with Chapter 119. of the	2486
Revised Code. If the board finds, pursuant to an adjudication held	2487
under this division, that the individual committed the act or if	2488
no hearing is requested, the board may order any of the sanctions	2489
identified under division (B) of this section.	2490

(I) The certificate to practice issued to an individual under	2491
this chapter and the individual's practice in this state are	2492
automatically suspended as of the date of the individual's second	2493
or subsequent plea of guilty to, or judicial finding of guilt of,	2494
a violation of section 2919.123 of the Revised Code, or the date	2495
the individual pleads guilty to, is found by a judge or jury to be	2496
guilty of, or is subject to a judicial finding of eligibility for	2497
intervention in lieu of conviction in this state or treatment or	2498
intervention in lieu of conviction in another jurisdiction for any	2499
of the following criminal offenses in this state or a	2500
substantially equivalent criminal offense in another jurisdiction:	2501
aggravated murder, murder, voluntary manslaughter, felonious	2502
assault, kidnapping, rape, sexual battery, gross sexual	2503
imposition, aggravated arson, aggravated robbery, or aggravated	2504
burglary. Continued practice after suspension shall be considered	2505
practicing without a certificate.	2506

The board shall notify the individual subject to the	2507
suspension by certified mail or in person in accordance with	2508
section 119.07 of the Revised Code. If an individual whose	2509
certificate is automatically suspended under this division fails	2510
to make a timely request for an adjudication under Chapter 119. of	2511
the Revised Code, the board shall do whichever of the following is	2512
applicable:	2513

(1) If the automatic suspension under this division is for a	2514
second or subsequent plea of guilty to, or judicial finding of	2515
guilt of, a violation of section 2919.123 of the Revised Code, the	2516
board shall enter an order suspending the individual's certificate	2517
to practice for a period of at least one year or, if determined	2518
appropriate by the board, imposing a more serious sanction	2519
involving the individual's certificate to practice.	2520

(2) In all circumstances in which division (I)(1) of this	2521
section does not apply, enter a final order permanently revoking	2522
the individual's certificate to practice.	2523

(J) If the board is required by Chapter 119. of the Revised	2524
Code to give notice of an opportunity for a hearing and if the	2525
individual subject to the notice does not timely request a hearing	2526
in accordance with section 119.07 of the Revised Code, the board	2527
is not required to hold a hearing, but may adopt, by an	2528
affirmative vote of not fewer than six of its members, a final	2529
order that contains the board's findings. In that final order, the	2530
board may order any of the sanctions identified under division (A)	2531
or (B) of this section.	2532

(K) Any action taken by the board under division (B) of this	2533
section resulting in a suspension from practice shall be	2534
accompanied by a written statement of the conditions under which	2535
the individual's certificate to practice may be reinstated. The	2536
board shall adopt rules governing conditions to be imposed for	2537
reinstatement. Reinstatement of a certificate suspended pursuant	2538
to division (B) of this section requires an affirmative vote of	2539
not fewer than six members of the board.	2540

(L) When the board refuses to grant a certificate to an	2541
applicant, revokes an individual's certificate to practice,	2542
refuses to register an applicant, or refuses to reinstate an	2543
individual's certificate to practice, the board may specify that	2544
its action is permanent. An individual subject to a permanent	2545
action taken by the board is forever thereafter ineligible to hold	2546
a certificate to practice and the board shall not accept an	2547
application for reinstatement of the certificate or for issuance	2548
of a new certificate.	2549

(M) Notwithstanding any other provision of the Revised Code,	2550
all of the following apply:	2551

(1) The surrender of a certificate issued under this chapter	2552
shall not be effective unless or until accepted by the board. A	2553
telephone conference call may be utilized for acceptance of the	2554
surrender of an individual's certificate to practice. The	2555
telephone conference call shall be considered a special meeting	2556
under division (F) of section 121.22 of the Revised Code.	2557
Reinstatement of a certificate surrendered to the board requires	2558
an affirmative vote of not fewer than six members of the board.	2559

(2) An application for a certificate made under the	2560
provisions of this chapter may not be withdrawn without approval	2561
of the board.	2562

(3) Failure by an individual to renew a certificate of	2563
registration in accordance with this chapter shall not remove or	2564
limit the board's jurisdiction to take any disciplinary action	2565
under this section against the individual.	2566

(4) At the request of the board, a certificate holder shall	2567
immediately surrender to the board a certificate that the board	2568
has suspended, revoked, or permanently revoked.	2569

(N) Sanctions shall not be imposed under division (B)(28) of	2570
this section against any person who waives deductibles and	2571
copayments as follows:	2572

(1) In compliance with the health benefit plan that expressly	2573
allows such a practice. Waiver of the deductibles or copayments	2574
shall be made only with the full knowledge and consent of the plan	2575
purchaser, payer, and third-party administrator. Documentation of	2576
the consent shall be made available to the board upon request.	2577

(2) For professional services rendered to any other person	2578
authorized to practice pursuant to this chapter, to the extent	2579
allowed by this chapter and rules adopted by the board.	2580

(O) Under the board's investigative duties described in this	2581
section and subject to division (F) of this section, the board	2582
shall develop and implement a quality intervention program	2583
designed to improve through remedial education the clinical and	2584
communication skills of individuals authorized under this chapter	2585
to practice medicine and surgery, osteopathic medicine and	2586
surgery, and podiatric medicine and surgery. In developing and	2587
implementing the quality intervention program, the board may do	2588
all of the following:	2589

(1) Offer in appropriate cases as determined by the board an	2590
educational and assessment program pursuant to an investigation	2591
the board conducts under this section;	2592

(2) Select providers of educational and assessment services,	2593
including a quality intervention program panel of case reviewers;	2594

(3) Make referrals to educational and assessment service	2595
providers and approve individual educational programs recommended	2596
by those providers. The board shall monitor the progress of each	2597
individual undertaking a recommended individual educational	2598
program.	2599

(4) Determine what constitutes successful completion of an	2600
individual educational program and require further monitoring of	2601
the individual who completed the program or other action that the	2602
board determines to be appropriate;	2603

(5) Adopt rules in accordance with Chapter 119. of the	2604
Revised Code to further implement the quality intervention	2605
program.	2606

An individual who participates in an individual educational	2607
program pursuant to this division shall pay the financial	2608
obligations arising from that educational program.	2609

Sec. 4731.281. (A) On or before the deadline established	2610
under division (B) of this section for applying for renewal of a	2611
certificate of registration, each person holding a certificate	2612
under this chapter to practice medicine and surgery, osteopathic	2613
medicine and surgery, or podiatric medicine and surgery shall	2614
certify to the state medical board that in the preceding two years	2615
the person has completed one hundred hours of continuing medical	2616
education. The certification shall be made upon the application	2617
for biennial registration submitted pursuant to division (B) of	2618
this section. The board shall adopt rules providing for pro rata	2619
reductions by month of the number of hours of continuing education	2620
required for persons who are in their first registration period,	2621
who have been disabled due to illness or accident, or who have	2622
been absent from the country.	2623

In determining whether a course, program, or activity	2624
qualifies for credit as continuing medical education, the board	2625
shall approve all continuing medical education taken by persons	2626
holding a certificate to practice medicine and surgery that is	2627
certified by the Ohio state medical association, all continuing	2628
medical education taken by persons holding a certificate to	2629
practice osteopathic medicine and surgery that is certified by the	2630
Ohio osteopathic association, and all continuing medical education	2631
taken by persons holding a certificate to practice podiatric	2632
medicine and surgery that is certified by the Ohio podiatric	2633
medical association. Each person holding a certificate to practice	2634
under this chapter shall be given sufficient choice of continuing	2635
education programs to ensure that the person has had a reasonable	2636
opportunity to participate in continuing education programs that	2637
are relevant to the person's medical practice in terms of subject	2638
matter and level.	2639

The board may require a random sample of persons holding a	2640
certificate to practice under this chapter to submit materials	2641
documenting completion of the continuing medical education	2642
requirement during the preceding registration period, but this	2643
provision shall not limit the board's authority to investigate	2644
pursuant to section 4731.22 of the Revised Code.	2645

(B)(1) Every person holding a certificate under this chapter	2646
to practice medicine and surgery, osteopathic medicine and	2647
surgery, or podiatric medicine and surgery wishing to renew that	2648
certificate shall apply to the board for a certificate of	2649
registration upon an application furnished by the board, and pay	2650
to the board at the time of application a fee of three hundred	2651
five dollars, according to the following schedule:	2652

(a) Persons whose last name begins with the letters "A"	2653
through "B," on or before April 1, 2001, and the first day of	2654
April of every odd-numbered year thereafter;	2655

(b) Persons whose last name begins with the letters "C"	2656
through "D," on or before January 1, 2001, and the first day of	2657
January of every odd-numbered year thereafter;	2658

(c) Persons whose last name begins with the letters "E"	2659
through "G," on or before October 1, 2000, and the first day of	2660
October of every even-numbered year thereafter;	2661

(d) Persons whose last name begins with the letters "H"	2662
through "K," on or before July 1, 2000, and the first day of July	2663
of every even-numbered year thereafter;	2664

(e) Persons whose last name begins with the letters "L"	2665
through "M," on or before April 1, 2000, and the first day of	2666
April of every even-numbered year thereafter;	2667

(f) Persons whose last name begins with the letters "N"	2668
through "R," on or before January 1, 2000, and the first day of	2669
January of every even-numbered year thereafter;	2670

(g) Persons whose last name begins with the letter "S," on or	2671
before October 1, 1999, and the first day of October of every	2672
odd-numbered year thereafter;	2673

(h) Persons whose last name begins with the letters "T"	2674
through "Z," on or before July 1, 1999, and the first day of July	2675
of every odd-numbered year thereafter.	2676

The board shall deposit the fee in accordance with section	2677
4731.24 of the Revised Code, except that the board shall deposit	2678
twenty dollars of the fee into the state treasury to the credit of	2679
the physician loan repayment fund created by section 3702.78 of	2680
the Revised Code.	2681

(2) The board shall mail or cause to be mailed to every	2682
person registered to practice medicine and surgery, osteopathic	2683
medicine and surgery, or podiatric medicine and surgery, a notice	2684
of registration renewal addressed to the person's last known	2685
address or may cause the notice to be sent to the person through	2686
the secretary of any recognized medical, osteopathic, or podiatric	2687
society, according to the following schedule:	2688

(a) To persons whose last name begins with the letters "A"	2689
through "B," on or before January 1, 2001, and the first day of	2690
January of every odd-numbered year thereafter;	2691

(b) To persons whose last name begins with the letters "C"	2692
through "D," on or before October 1, 2000, and the first day of	2693
October of every even-numbered year thereafter;	2694

(c) To persons whose last name begins with the letters "E"	2695
through "G," on or before July 1, 2000, and the first day of July	2696
of every even-numbered year thereafter;	2697

(d) To persons whose last name begins with the letters "H"	2698
through "K," on or before April 1, 2000, and the first day of	2699
April of every even-numbered year thereafter;	2700

(e) To persons whose last name begins with the letters "L"	2701
through "M," on or before January 1, 2000, and the first day of	2702
January of every even-numbered year thereafter;	2703

(f) To persons whose last name begins with the letters "N"	2704
through "R," on or before October 1, 1999, and the first day of	2705
October of every odd-numbered year thereafter;	2706

(g) To persons whose last name begins with the letter "S," on	2707
or before July 1, 1999, and the first day of July of every	2708
odd-numbered year thereafter;	2709

(h) To persons whose last name begins with the letters "T"	2710
through "Z," on or before April 1, 1999, and the first day of	2711
April of every odd-numbered year thereafter.	2712

(3) Failure of any person to receive a notice of renewal from	2713
the board shall not excuse the person from the requirements	2714
contained in this section.	2715

(4) The board's notice shall inform the applicant of the	2716
renewal procedure. The board shall provide the application for	2717
registration renewal in a form determined by the board. ~~The~~	2718

(5) The applicant shall provide in the application the	2719
applicant's full name, principal practice address and residence	2720
address, the number of the applicant's certificate to practice,	2721
and any other information required by the board. ~~The~~	2722

(6)(a) Except as provided in division (B)(6)(b) of this	2723
section, in the case of an applicant who prescribes or personally	2724
furnishes opioid analgesics or benzodiazepines as part of the	2725
applicant's regular practice of medicine and surgery, osteopathic	2726
medicine and surgery, or podiatric medicine and surgery, the	2727
application shall also include evidence that the applicant has	2728
been granted access to the drug database established and	2729
maintained by the state board of pharmacy pursuant to section	2730
4729.75 of the Revised Code.	2731

(b) The requirement in division (B)(6)(a) of this section	2732
does not apply if either of the following is the case:	2733

(i) The state board of pharmacy notifies the state medical	2734
board pursuant to section 4729.861 of the Revised Code that the	2735
applicant has been restricted from obtaining further information	2736
from the drug database.	2737

(ii) The state board of pharmacy no longer maintains the drug	2738
database.	2739

(7) The applicant shall include with the application a list	2740
of the names and addresses of any clinical nurse specialists,	2741
certified nurse-midwives, or certified nurse practitioners with	2742
whom the applicant is currently collaborating, as defined in	2743
section 4723.01 of the Revised Code. ~~The applicant shall execute~~	2744
~~and deliver the application to the board in a manner prescribed by~~	2745
~~the board.~~ Every person registered under this section shall give	2746
written notice to the state medical board of any change of	2747
principal practice address or residence address or in the list	2748
within thirty days of the change.	2749

(8) The applicant shall report any criminal offense to which	2750
the applicant has pleaded guilty, of which the applicant has been	2751
found guilty, or for which the applicant has been found eligible	2752
for intervention in lieu of conviction, since last filing an	2753
application for a certificate of registration.	2754

(9) The applicant shall execute and deliver the application	2755
to the board in a manner prescribed by the board.	2756

(C) The board shall issue to any person holding a certificate	2757
under this chapter to practice medicine and surgery, osteopathic	2758
medicine and surgery, or podiatric medicine and surgery, upon	2759
application and qualification therefor in accordance with this	2760
section, a certificate of registration under the seal of the	2761
board. A certificate of registration shall be valid for a two-year	2762
period.	2763

(D) Failure of any certificate holder to register and comply	2764
with this section shall operate automatically to suspend the	2765
holder's certificate to practice. Continued practice after the	2766
suspension of the certificate to practice shall be considered as	2767
practicing in violation of section 4731.41, 4731.43, or 4731.60 of	2768
the Revised Code. If the certificate has been suspended pursuant	2769
to this division for two years or less, it may be reinstated. The	2770
board shall reinstate a certificate to practice suspended for	2771
failure to register upon an applicant's submission of a renewal	2772
application, the biennial registration fee, and the applicable	2773
monetary penalty. The penalty for reinstatement shall be fifty	2774
dollars. If the certificate has been suspended pursuant to this	2775
division for more than two years, it may be restored. Subject to	2776
section 4731.222 of the Revised Code, the board may restore a	2777
certificate to practice suspended for failure to register upon an	2778
applicant's submission of a restoration application, the biennial	2779
registration fee, and the applicable monetary penalty and	2780
compliance with sections 4776.01 to 4776.04 of the Revised Code.	2781
The board shall not restore to an applicant a certificate to	2782
practice unless the board, in its discretion, decides that the	2783
results of the criminal records check do not make the applicant	2784
ineligible for a certificate issued pursuant to section 4731.14,	2785
4731.56, or 4731.57 of the Revised Code. The penalty for	2786
restoration shall be one hundred dollars. The board shall deposit	2787
the penalties in accordance with section 4731.24 of the Revised	2788
Code.	2789

(E) If an individual certifies completion of the number of	2790
hours and type of continuing medical education required to receive	2791
a certificate of registration or reinstatement of a certificate to	2792
practice, and the board finds through the random samples it	2793
conducts under this section or through any other means that the	2794
individual did not complete the requisite continuing medical	2795
education, the board may impose a civil penalty of not more than	2796
five thousand dollars. The board's finding shall be made pursuant	2797
to an adjudication under Chapter 119. of the Revised Code and by	2798
an affirmative vote of not fewer than six members.	2799

A civil penalty imposed under this division may be in	2800
addition to or in lieu of any other action the board may take	2801
under section 4731.22 of the Revised Code. The board shall deposit	2802
civil penalties in accordance with section 4731.24 of the Revised	2803
Code.	2804

(F) The state medical board may obtain information not	2805
protected by statutory or common law privilege from courts and	2806
other sources concerning malpractice claims against any person	2807
holding a certificate to practice under this chapter or practicing	2808
as provided in section 4731.36 of the Revised Code.	2809

(G) Each mailing sent by the board under division (B)(2) of	2810
this section to a person registered to practice medicine and	2811
surgery or osteopathic medicine and surgery shall inform the	2812
applicant of the reporting requirement established by division (H)	2813
of section 3701.79 of the Revised Code. At the discretion of the	2814
board, the information may be included on the application for	2815
registration or on an accompanying page.	2816

Section 2. That existing sections 4715.14, 4715.30,	2817
4715.302, 4723.28, 4723.486, 4723.487, 4725.092, 4725.16, 4725.19,	2818
4729.12, 4729.80, 4729.86, 4730.25, 4730.48, 4730.53, 4731.055,	2819
4731.22, and 4731.281 of the Revised Code are hereby repealed.	2820

Section 3. Sections 4715.14, 4723.486, 4725.16, 4729.12,	2821
4730.48, and 4731.281 of the Revised Code, as amended by this act,	2822
and section 4729.861, as enacted by this act, shall take effect	2823
January 1, 2015.	2824

Section 4. Sections 4715.30, 4715.302, 4723.28, 4723.487,	2825
4725.092, 4725.19, 4730.25, 4730.53, 4731.055, and 4731.22 of the	2826
Revised Code, as amended by this act, shall take effect April 1,	2827
2015.	2828

Section 5. As used in this section, "licensed health	2829
professional authorized to prescribe drugs" means an individual	2830
who is authorized by law to prescribe drugs, dangerous drugs, or	2831
drug therapy-related devices in the course of the individual's	2832
professional practice, including only the following: a dentist	2833
licensed under Chapter 4715. of the Revised Code, an advanced	2834
practice registered nurse who holds a certificate to prescribe	2835
issued under Chapter 4723. of the Revised Code, an optometrist	2836
licensed under Chapter 4725. of the Revised Code to practice	2837
optometry under a therapeutic pharmaceutical agents certificate, a	2838
physician assistant who holds a certificate to prescribe issued	2839
under Chapter 4730. of the Revised Code, and a physician	2840
authorized under Chapter 4731. of the Revised Code to practice	2841
medicine and surgery, osteopathic medicine and surgery, or	2842
podiatric medicine and surgery.	2843

Not later than January 1, 2015, each licensed health	2844
professional authorized to prescribe drugs who prescribes opioid	2845
analgesics or benzodiazepines as part of the professional's	2846
regular practice and each pharmacist licensed under Chapter 4729.	2847
of the Revised Code shall obtain access to the drug database	2848
established and maintained by the State Board of Pharmacy pursuant	2849
to section 4729.75 of the Revised Code, unless the Board has	2850
restricted the professional or pharmacist from obtaining	2851
information from the database or the Board no longer maintains the	2852
database. Failure to comply with this section constitutes grounds	2853
for certificate or license suspension.	2854

Section 6. The General Assembly, applying the principle	2855
stated in division (B) of section 1.52 of the Revised Code that	2856
amendments are to be harmonized if reasonably capable of	2857
simultaneous operation, finds that the following sections,	2858
presented in this act as composites of the sections as amended by	2859
the acts indicated, are the resulting versions of the sections in	2860
effect prior to the effective date of the sections as presented in	2861
this act:	2862

Section 4715.14 of the Revised Code as amended by both Sub.	2863
H.B. 190 and Sub. H.B. 215 of the 128th General Assembly.	2864

Section 4723.487 of the Revised Code as amended by both Sub.	2865
H.B. 303 and Sub. S.B. 301 of the 129th General Assembly.	2866

Section 4725.16 of the Revised Code as amended by both Am.	2867
Sub. H.B. 59 and Am. Sub. H.B. 98 of the 130th General Assembly.	2868

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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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