Bill Text: OH HB394 | 2013-2014 | 130th General Assembly | Engrossed

Ohio House Bill 394 (Prior Session Legislation)

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

Bill Title: That are scheduled to take effect April 1, 2015, to continue the provisions of this act on and after that effective date; and to declare an emergency.

Spectrum: Slight Partisan Bill (Republican 28-15)

Status: (Passed) 2014-12-19 - Governor' Action [HB394 Detail]

Download: Ohio-2013-HB394-Engrossed.html

As Passed by the Senate

130th General Assembly

Regular Session

2013-2014

Am. Sub. H. B. No. 394

Representatives Smith, Antonio

Cosponsors: Representatives Wachtmann, Brown, Hagan, R., Schuring, Sears, Sprague, Barnes, Ramos, Baker, Beck, Bishoff, Buchy, Fedor, Hackett, Heard, Hill, Letson, McClain, Milkovich, Patmon, Rogers, Rosenberger, Scherer, Sheehy Speaker Batchelder
Senators Bacon, Balderson, Beagle, Eklund, Hite, Jones, Kearney, Lehner, Manning, Oelslager, Patton, Peterson, Seitz, Tavares, Uecker, Widener

A BILL

To amend sections 2925.02, 3701.63, 3701.64, 3719.01,

3719.061, 3729.05, 4715.14, 4715.30, 4723.28,

4723.481, 4723.486, 4725.16, 4725.19, 4729.12,

4729.16, 4729.18, 4729.41, 4729.85, 4729.86,

4730.25, 4730.41, 4730.48, 4731.22, 4731.281,

4773.03, 4773.08, 5104.015, 5104.017, 5104.018,

5165.08, 5165.513, 5165.515, and 5165.99; to enact

sections 3701.66, 3701.67, 3701.68, 3702.40, and

5104.014; and to repeal sections 4715.15,

4723.433, 4730.093, and 4731.77 of the Revised

Code to modify the authority of pharmacists and

pharmacy interns to administer immunizations; to

require the inclusion of certain information in

mammography report summaries; to revise the law

governing the licensure of recreational vehicle

parts, recreation camps, combined park-camps, and

temporary park-camps; to generally require

immunizations for children enrolled in child care;

to create the Commission on Infant Mortality and

require the establishment of infant safe sleep

procedures and policies; to modify the offense of

"corrupting another with drugs"; to require the

State Board of Pharmacy to prepare semiannual

reports on opioid prescriptions; to revise the

laws governing the Ohio Automated Rx Reporting

System and opioid prescriptions issued for minors;

to require under certain conditions the

reinstatement of licenses to practice certain

radiologic professions; to eliminate patient

notice requirements concerning Lyme disease

testing; to revise certain laws on nursing

facility admission policies and exclusions from

Medicaid provider agreements; to amend the

versions of sections 4715.30, 4715.302, 4723.28,

4723.487, 4725.092, 4725.19, 4730.25, 4730.53,

4731.055, and 4731.22 of the Revised Code that are

scheduled to take effect April 1, 2015, to

continue the provisions of this act on and after

that effective date; and to declare an emergency.

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

Section 1. That sections 2925.02, 3701.63, 3701.64, 3719.01,	40
3719.061, 3729.05, 4715.14, 4715.30, 4723.28, 4723.481, 4723.486,	41
4725.16, 4725.19, 4729.12, 4729.16, 4729.18, 4729.41, 4729.85,	42
4729.86, 4730.25, 4730.41, 4730.48, 4731.22, 4731.281, 4773.03,	43
4773.08, 5104.015, 5104.017, 5104.018, 5165.08, 5165.513,	44
5165.515, and 5165.99 be amended and sections 3701.66, 3701.67,	45
3701.68, 3702.40, and 5104.014 of the Revised Code be enacted to	46
read as follows:	47

Sec. 2925.02. (A) No person shall knowingly do any of the	48
following:	49

(1) By force, threat, or deception, administer to another or	50
induce or cause another to use a controlled substance;	51

(2) By any means, administer or furnish to another or induce	52
or cause another to use a controlled substance with purpose to	53
cause serious physical harm to the other person, or with purpose	54
to cause the other person to become drug dependent;	55

(3) By any means, administer or furnish to another or induce	56
or cause another to use a controlled substance, and thereby cause	57
serious physical harm to the other person, or cause the other	58
person to become drug dependent;	59

(4) By any means, do any of the following:

(a) Furnish or administer a controlled substance to a	61
juvenile who is at least two years the offender's junior, when the	62
offender knows the age of the juvenile or is reckless in that	63
regard;	64

(b) Induce or cause a juvenile who is at least two years the	65
offender's junior to use a controlled substance, when the offender	66
knows the age of the juvenile or is reckless in that regard;	67

(c) Induce or cause a juvenile who is at least two years the	68
offender's junior to commit a felony drug abuse offense, when the	69
offender knows the age of the juvenile or is reckless in that	70
regard;	71

(d) Use a juvenile, whether or not the offender knows the age	72
of the juvenile, to perform any surveillance activity that is	73
intended to prevent the detection of the offender or any other	74
person in the commission of a felony drug abuse offense or to	75
prevent the arrest of the offender or any other person for the	76
commission of a felony drug abuse offense.	77

(5) By any means, furnish or administer a controlled	78
substance to a pregnant woman or induce or cause a pregnant woman	79
to use a controlled substance, when the offender knows that the	80
woman is pregnant or is reckless in that regard.	81

(B) Division (A)(1), (3), or (4), or (5) of this section does	82
not apply to manufacturers, wholesalers, licensed health	83
professionals authorized to prescribe drugs, pharmacists, owners	84
of pharmacies, and other persons whose conduct is in accordance	85
with Chapters 3719., 4715., 4723., 4729., 4730., 4731., and 4741.	86
of the Revised Code.	87

(C) Whoever violates this section is guilty of corrupting	88
another with drugs. The penalty for the offense shall be	89
determined as follows:	90

(1) ~~Except as otherwise provided in this division, if~~If the	91
offense is a violation of division (A)(1), (2), (3), or (4) of	92
this section and the drug involved is any compound, mixture,	93
preparation, or substance included in schedule I or II, with the	94
exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	95
1-Butyl-3-(1-naphthoyl)indole,	96
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	97
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	98
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, the	99
offender shall be punished as follows:	100

(a) Except as otherwise provided in division (C)(1)(b) of	101
this section, corrupting another with drugs committed in those	102
circumstances is a felony of the second degree, and, subject to	103
division (E) of this section, the court shall impose as a	104
mandatory prison term one of the prison terms prescribed for a	105
felony of the second degree. ~~If the drug involved is any compound,~~	106
~~mixture, preparation, or substance included in schedule I or II,~~	107
~~with the exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole,~~	108
~~1-Butyl-3-(1-naphthoyl)indole,~~	109
~~1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,~~	110
~~5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or~~	111
~~5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and~~	112
if	113

(b) If the offense was committed in the vicinity of a school,	114
corrupting another with drugs committed in those circumstances is	115
a felony of the first degree, and, subject to division (E) of this	116
section, the court shall impose as a mandatory prison term one of	117
the prison terms prescribed for a felony of the first degree.	118

(2) ~~Except as otherwise provided in this division, if~~If the	119
offense is a violation of division (A)(1), (2), (3), or (4) of	120
this section and the drug involved is any compound, mixture,	121
preparation, or substance included in schedule III, IV, or V, the	122
offender shall be punished as follows:	123

(a) Except as otherwise provided in division (C)(2)(b) of	124
this section, corrupting another with drugs committed in those	125
circumstances is a felony of the second degree, and there is a	126
presumption for a prison term for the offense. ~~If the drug~~	127
~~involved is any compound, mixture, preparation, or substance~~	128
~~included in schedule III, IV, or V and if~~	129

(b) If the offense was committed in the vicinity of a school,	130
corrupting another with drugs committed in those circumstances is	131
a felony of the second degree, and the court shall impose as a	132
mandatory prison term one of the prison terms prescribed for a	133
felony of the second degree.	134

(3) ~~Except as otherwise provided in this division, if~~If the	135
offense is a violation of division (A)(1), (2), (3), or (4) of	136
this section and the drug involved is marihuana,	137
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	138
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	139
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	140
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, the	141
offender shall be punished as follows:	142

(a) Except as otherwise provided in division (C)(3)(b) of	143
this section, corrupting another with drugs committed in those	144
circumstances is a felony of the fourth degree, and division (C)	145
of section 2929.13 of the Revised Code applies in determining	146
whether to impose a prison term on the offender. ~~If the drug~~	147
~~involved is marihuana, 1-Pentyl-3-(1-naphthoyl)indole,~~	148
~~1-Butyl-3-(1-naphthoyl)indole,~~	149
~~1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,~~	150
~~5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or~~	151
~~5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and~~	152
if	153

(b) If the offense was committed in the vicinity of a school,	154
corrupting another with drugs committed in those circumstances is	155
a felony of the third degree, and division (C) of section 2929.13	156
of the Revised Code applies in determining whether to impose a	157
prison term on the offender.	158

(4) If the offense is a violation of division (A)(5) of this	159
section and the drug involved is any compound, mixture,	160
preparation, or substance included in schedule I or II, with the	161
exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	162
1-Butyl-3-(1-naphthoyl)indole,	163
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	164
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	165
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	166
corrupting another with drugs is a felony of the first degree and,	167
subject to division (E) of this section, the court shall impose as	168
a mandatory prison term one of the prison terms prescribed for a	169
felony of the first degree.	170

(5) If the offense is a violation of division (A)(5) of this	171
section and the drug involved is any compound, mixture,	172
preparation, or substance included in schedule III, IV, or V,	173
corrupting another with drugs is a felony of the second degree and	174
the court shall impose as a mandatory prison term one of the	175
prison terms prescribed for a felony of the second degree.	176

(6) If the offense is a violation of division (A)(5) of this	177
section and the drug involved is marihuana,	178
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	179
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	180
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	181
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	182
corrupting another with drugs is a felony of the third degree and	183
division (C) of section 2929.13 of the Revised Code applies in	184
determining whether to impose a prison term on the offender.	185

(D) In addition to any prison term authorized or required by	186
division (C) or (E) of this section and sections 2929.13 and	187
2929.14 of the Revised Code and in addition to any other sanction	188
imposed for the offense under this section or sections 2929.11 to	189
2929.18 of the Revised Code, the court that sentences an offender	190
who is convicted of or pleads guilty to a violation of division	191
(A) of this section or the clerk of that court shall do all of the	192
following that are applicable regarding the offender:	193

(1)(a) If the violation is a felony of the first, second, or	194
third degree, the court shall impose upon the offender the	195
mandatory fine specified for the offense under division (B)(1) of	196
section 2929.18 of the Revised Code unless, as specified in that	197
division, the court determines that the offender is indigent.	198

(b) Notwithstanding any contrary provision of section 3719.21	199
of the Revised Code, any mandatory fine imposed pursuant to	200
division (D)(1)(a) of this section and any fine imposed for a	201
violation of this section pursuant to division (A) of section	202
2929.18 of the Revised Code shall be paid by the clerk of the	203
court in accordance with and subject to the requirements of, and	204
shall be used as specified in, division (F) of section 2925.03 of	205
the Revised Code.	206

(c) If a person is charged with any violation of this section	207
that is a felony of the first, second, or third degree, posts	208
bail, and forfeits the bail, the forfeited bail shall be paid by	209
the clerk of the court pursuant to division (D)(1)(b) of this	210
section as if it were a fine imposed for a violation of this	211
section.	212

(2) The court shall suspend for not less than six months nor	213
more than five years the offender's driver's or commercial	214
driver's license or permit. If an offender's driver's or	215
commercial driver's license or permit is suspended pursuant to	216
this division, the offender, at any time after the expiration of	217
two years from the day on which the offender's sentence was	218
imposed or from the day on which the offender finally was released	219
from a prison term under the sentence, whichever is later, may	220
file a motion with the sentencing court requesting termination of	221
the suspension. Upon the filing of the motion and the court's	222
finding of good cause for the termination, the court may terminate	223
the suspension.	224

(3) If the offender is a professionally licensed person, in	225
addition to any other sanction imposed for a violation of this	226
section, the court immediately shall comply with section 2925.38	227
of the Revised Code.	228

(E) Notwithstanding the prison term otherwise authorized or	229
required for the offense under division (C) of this section and	230
sections 2929.13 and 2929.14 of the Revised Code, if the violation	231
of division (A) of this section involves the sale, offer to sell,	232
or possession of a schedule I or II controlled substance, with the	233
exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	234
1-Butyl-3-(1-naphthoyl)indole,	235
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	236
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	237
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	238
if the court imposing sentence upon the offender finds that the	239
offender as a result of the violation is a major drug offender and	240
is guilty of a specification of the type described in section	241
2941.1410 of the Revised Code, the court, in lieu of the prison	242
term that otherwise is authorized or required, shall impose upon	243
the offender the mandatory prison term specified in division	244
(B)(3)(a) of section 2929.14 of the Revised Code.	245

Sec. 3701.63. (A) As used in this section and ~~section~~	246
sections 3701.64, 3701.66, and 3701.67 of the Revised Code:	247

(1) "Child day-care center," "type A family day-care home,"	248
and "licensed type B family day-care home" have the same meanings	249
as in section 5104.01 of the Revised Code.	250

(2) "Child care facility" means a child day-care center, a	251
type A family day-care home, or a licensed type B family day-care	252
home.	253

(3) "Foster caregiver" has the same meaning as in section	254
5103.02 of the Revised Code.	255

(4) "Freestanding birthing center" has the same meaning as in	256
section 3702.141 of the Revised Code.	257

~~(4)~~(5) "Hospital" means a hospital classified pursuant to	258
rules adopted under section 3701.07 of the Revised Code as a	259
general hospital or children's hospital and to which either of the	260
following applies:	261

(a) The hospital has a maternity unit.

262

(b) The hospital receives for care infants who have been	263
transferred to it from other facilities and who have never been	264
discharged to their residences following birth.	265

~~(5)~~(6) "Infant" means a child who is less than one year of	266
age.	267

(7) "Maternity unit" means ~~any unit or place in~~the distinct	268
portion of a hospital ~~where women are regularly received and~~	269
~~provided care during all or part of the maternity cycle, except~~	270
~~that "maternity unit" does not include an emergency department or~~	271
~~similar place dedicated to providing emergency health care~~	272
licensed as a maternity unit under Chapter 3711. of the Revised	273
Code.	274

~~(6)~~(8) "Other person responsible for the infant" includes a	275
foster caregiver.	276

(9) "Parent" means either parent, unless the parents are	277
separated or divorced or their marriage has been dissolved or	278
annulled, in which case "parent" means the parent who is the	279
residential parent and legal custodian of the child. "Parent" also	280
means a prospective adoptive parent with whom a child is placed.	281

~~(7)~~(10) "Shaken baby syndrome" means signs and symptoms,	282
including, but not limited to, retinal hemorrhages in one or both	283
eyes, subdural hematoma, or brain swelling, resulting from the	284
violent shaking or the shaking and impacting of the head of an	285
infant or small child.	286

(B) The director of health shall establish the shaken baby	287
syndrome education program by doing all of the following:	288

(1) ~~By not later than one year after February 29, 2008,~~	289
~~developing~~Developing educational materials that present readily	290
comprehendible information on shaken baby syndrome;	291

(2) Making available on the department of health web site in	292
an easily accessible format the educational materials developed	293
under division (B)(1) of this section;	294

(3) ~~Beginning in 2009, annually~~Annually assessing the	295
effectiveness of the shaken baby syndrome education program by	296
evaluating the reports received pursuant to section 5101.135 of	297
the Revised Code.	298

(C) In meeting the requirements under division (B) of this	299
section, the director shall ~~not~~ develop educational materials that	300
~~will impose an~~, to the extent possible, minimize administrative or	301
financial ~~burden~~burdens on any of the entities or persons listed	302
in section 3701.64 of the Revised Code.	303

Sec. 3701.64. (A) A copy of the shaken baby syndrome	304
educational materials developed under section 3701.63 of the	305
Revised Code shall be distributed in the following manner:	306

(1) By child birth educators and the staff of ~~pediatric~~	307
~~physicians' offices and obstetricians~~obstetricians' offices, to	308
an expectant parent who uses their services;	309

(2) By the staff of pediatric physicians' offices, to any of	310
the following who use their services: an infant's parent,	311
guardian, or other person responsible for the infant;	312

(3) By the staff of a hospital or freestanding birthing	313
center ~~in which a child is born~~, to ~~the child's~~an infant's	314
parent, guardian, or other person responsible for the infant,	315
before the child is discharged from the facility to the infant's	316
residence following birth;	317

~~(3)~~(4) By the staff of the "help me grow" program established	318
pursuant to section 3701.61 of the Revised Code, to ~~the child's~~an	319
infant's parent, guardian, or other person responsible for the	320
infant, during home-visiting services conducted in accordance with	321
that section;	322

~~(4)~~(5) By each child care facility operating in this state,	323
to each of its employees;	324

(6) By a public children services agency, when the agency has	325
initial contact with an infant's parent, guardian, or other person	326
responsible for the infant.	327

(B) ~~Each~~An entity ~~and~~or person required to distribute	328
educational materials pursuant to division (A) of this section is	329
~~immune from any~~not liable for damages in a civil ~~and criminal~~	330
~~liability~~action for injury, death, or loss to person or property	331
~~resulting~~that allegedly arises from an act or omission associated	332
with the dissemination of~~, or failure to disseminate,~~ those	333
educational materials unless the act or omission constitutes	334
willful or wanton misconduct.	335

An entity or person required to distribute educational	336
materials in accordance with division (A) of this section is not	337
subject to criminal prosecution or, to the extent that a person is	338
regulated under Title XLVII of the Revised Code, professional	339
disciplinary action under that title, for an act or omission	340
associated with the dissemination of those educational materials.	341

This division does not eliminate, limit, or reduce any other	342
immunity or defense that an entity or person may be entitled to	343
under Chapter 2744. of the Revised Code, or any other provision of	344
the Revised Code, or the common law of this state.	345

Sec. 3701.66. (A) As used in this section, "sudden	346
unexpected infant death" means the death of an infant that occurs	347
suddenly and unexpectedly, the cause of which is not immediately	348
obvious prior to investigation.	349

(B) The department of health shall establish the safe sleep	350
education program by doing all of the following:	351

(1) By not later than sixty days after the effective date of	352
this section, developing educational materials that present	353
readily comprehendible information on safe sleeping practices for	354
infants and possible causes of sudden unexpected infant death;	355

(2) Making available on the department's internet web site in	356
an easily accessible format the educational materials developed	357
under division (B)(1) of this section;	358

(3) Beginning in 2015, annually assessing the effectiveness	359
of the safe sleep education program by evaluating the reports	360
submitted by child fatality review boards to the department	361
pursuant to section 307.626 of the Revised Code.	362

(C) In meeting the requirements under division (B) of this	363
section, the department shall develop educational materials that,	364
to the extent possible, minimize administrative or financial	365
burdens on any of the entities or persons required by division (D)	366
of this section to distribute the materials.	367

(D) A copy of the safe sleep educational materials developed	368
under this section shall be distributed by entities and persons	369
with and in the same manner as the shaken baby syndrome	370
educational materials are distributed pursuant to section 3701.64	371
of the Revised Code.	372

An entity or person required to distribute the educational	373
materials is not liable for damages in a civil action for injury,	374
death, or loss to person or property that allegedly arises from an	375
act or omission associated with the dissemination of those	376
educational materials unless the act or omission constitutes	377
willful or wanton misconduct.	378

An entity or person required to distribute the educational	379
materials is not subject to criminal prosecution or, to the extent	380
that a person is regulated under Title XLVII of the Revised Code,	381
professional disciplinary action under that title, for an act or	382
omission associated with the dissemination of those educational	383
materials.	384

This division does not eliminate, limit, or reduce any other	385
immunity or defense that an entity or person may be entitled to	386
under Chapter 2744. of the Revised Code, or any other provision of	387
the Revised Code, or the common law of this state.	388

(E) Each entity or person that is required to distribute the	389
educational materials and has infants regularly sleeping at a	390
facility or location under the entity's or person's control shall	391
adopt an internal infant safe sleep policy. The policy shall	392
specify when and to whom educational materials on infant safe	393
sleep practices are to be delivered to individuals working or	394
volunteering at the facility or location and be consistent with	395
the model internal infant safe sleep policy adopted under division	396
(F) of this section.	397

(F) The director of health shall adopt a model internal	398
infant safe sleep policy for use by entities and persons that must	399
comply with division (E) of this section. The policy shall specify	400
safe infant sleep practices, include images depicting safe infant	401
sleep practices, and specify sample content for an infant safe	402
sleep education program that entities and persons may use when	403
conducting new staff orientation programs.	404

Sec. 3701.67. (A) As used in this section:

405

(1) "Contractor" means a person who provides personal	406
services pursuant to a contract.	407

(2) "Critical access hospital" means a facility designated as	408
a critical access hospital by the director of health under section	409
3701.073 of the Revised Code.	410

(3) "Crib" includes a portable play yard or other suitable	411
sleeping place.	412

(B) Each hospital and freestanding birthing center shall	413
implement an infant safe sleep screening procedure. The purpose of	414
the procedure is to determine whether there will be a safe crib	415
for an infant to sleep in once the infant is discharged from the	416
facility to the infant's residence following birth. The procedure	417
shall consist of questions that facility staff or volunteers must	418
ask the infant's parent, guardian, or other person responsible for	419
the infant regarding the infant's intended sleeping place and	420
environment.	421

The director of health shall develop questions that	422
facilities may use when implementing the infant safe sleep	423
screening procedure required by this division. The director may	424
consult with persons and government entities that have expertise	425
in infant safe sleep practices when developing the questions.	426

(C) If, prior to an infant's discharge from a facility to the	427
infant's residence following birth, a facility other than a	428
critical access hospital or a facility identified under division	429
(D) of this section determines through the procedure implemented	430
under division (B) of this section that the infant is unlikely to	431
have a safe crib at the infant's residence, the facility shall	432
make a good faith effort to arrange for the parent, guardian, or	433
other person responsible for the infant to obtain a safe crib at	434
no charge to that individual. In meeting this requirement, the	435
facility may do any of the following:	436

(1) Obtain a safe crib with its own resources;

437

(2) Collaborate with or obtain assistance from persons or	438
government entities that are able to procure a safe crib or	439
provide money to purchase a safe crib;	440

(3) Refer the parent, guardian, or other person responsible	441
for the infant to a person or government entity described in	442
division (C)(2) of this section to obtain a safe crib free of	443
charge from that source;	444

(4) If funds are available for the cribs for kids program or	445
a successor program administered by the department of health,	446
refer the parent, guardian, or other person responsible for the	447
infant to a site, designated by the department for purposes of the	448
program, at which a safe crib may be obtained at no charge.	449

(D) The director of health shall identify the facilities in	450
this state that are not critical access hospitals and are not	451
served by a site described in division (C)(4) of this section. The	452
director shall identify not less than annually the facilities that	453
meet both criteria and notify those that do so.	454

(E) When a facility that is a hospital registers with the	455
department of health under section 3701.07 of the Revised Code or	456
a facility that is a freestanding birthing center renews its	457
license in accordance with rules adopted under section 3702.30 of	458
the Revised Code, the facility shall report the following	459
information to the department in a manner the department	460
prescribes:	461

(1) The number of safe cribs that the facility obtained and	462
distributed by using its own resources as described in division	463
(C)(1) of this section since the last time the facility reported	464
this information to the department;	465

(2) The number of safe cribs that the facility obtained and	466
distributed by collaborating with or obtaining assistance from	467
another person or government entity as described in division	468
(C)(2) of this section since the last time the facility reported	469
this information to the department;	470

(3) The number of referrals that the facility made to a	471
person or government entity as described in division (C)(3) of	472
this section since the last time the facility reported this	473
information to the department;	474

(4) The number of referrals that the facility made to a site	475
designated by the department as described in division (C)(4) of	476
this section since the last time the facility reported this	477
information to the department;	478

(5) Demographic information specified by the director of	479
health regarding the individuals to whom safe cribs were	480
distributed as described in division (E)(1) or (2) of this section	481
or for whom a referral described in division (E)(3) or (4) of this	482
section was made;	483

(6) In the case of a critical access hospital or a facility	484
identified under division (D) of this section, demographic	485
information specified by the director of health regarding each	486
parent, guardian, or other person responsible for the infant	487
determined to be unlikely to have a safe crib at the infant's	488
residence pursuant to the procedure implemented under division (B)	489
of this section;	490

(7) Any other information collected by the facility regarding	491
infant sleep environments and intended infant sleep environments	492
that the director determines to be appropriate.	493

(F) Not later than July 1 of each year beginning in 2015, the	494
director of health shall prepare a written report that summarizes	495
the information collected under division (E) of this section for	496
the preceding twelve months and provides any other information the	497
director considers appropriate for inclusion in the report. On	498
completion, the report shall be submitted to the governor and, in	499
accordance with section 101.68 of the Revised Code, the general	500
assembly.	501

(G) A facility, and any employee, contractor, or volunteer of	502
a facility, that implements an infant safe sleep procedure in	503
accordance with division (B) of this section is not liable for	504
damages in a civil action for injury, death, or loss to person or	505
property that allegedly arises from an act or omission associated	506
with implementation of the procedure, unless the act or omission	507
constitutes willful or wanton misconduct.	508

A facility, and any employee, contractor, or volunteer of a	509
facility, that implements an infant safe sleep screening procedure	510
in accordance with division (B) of this section is not subject to	511
criminal prosecution or, to the extent that a person is regulated	512
under Title XLVII of the Revised Code, professional disciplinary	513
action under that title, for an act or omission associated with	514
implementation of the procedure.	515

This division does not eliminate, limit, or reduce any other	516
immunity or defense that a facility, or an employee, contractor,	517
or volunteer of a facility, may be entitled to under Chapter 2744.	518
of the Revised Code, or any other provision of the Revised Code,	519
or the common law of this state.	520

Sec. 3701.68. (A) As used in this section:

521

(1) "Academic medical center" means a medical school and its	522
affiliated teaching hospitals.	523

(2) "State registrar" has the same meaning as in section	524
3705.01 of the Revised Code.	525

(B) There is hereby created the commission on infant	526
mortality. The commission shall do all of the following:	527

(1) Conduct a complete inventory of services provided or	528
administered by the state that are available to address the infant	529
mortality rate in this state;	530

(2) For each service identified under division (B)(1) of this	531
section, determine both of the following:	532

(a) The sources of the funds that are used to pay for the	533
service;	534

(b) Whether the service and its funding sources have a	535
connection with programs provided or administered by local or	536
community-based public or private entities and, to the extent they	537
do not, whether they should.	538

(3) With assistance from academic medical centers, track and	539
analyze infant mortality rates by county for the purpose of	540
determining the impact of state and local initiatives to reduce	541
those rates.	542

543

(1) Two members of the senate, one from the majority party	544
and one from the minority party, each appointed by the senate	545
president;	546

(2) Two members of the house of representatives, one from the	547
majority party and one from the minority party, each appointed by	548
the speaker of the house of representatives;	549

(3) The executive director of the office of health	550
transformation or the executive director's designee;	551

(4) The medicaid director or the director's designee;

552

(5) The director of health or the director's designee;

553

(6) The executive director of the commission on minority	554
health or the executive director's designee;	555

(7) The attorney general or the attorney general's designee;

556

(8) A health commissioner of a city or general health	557
district, appointed by the governor;	558

(9) A coroner, deputy coroner, or other person who conducts	559
death scene investigations, appointed by the governor;	560

(10) An individual who represents the Ohio hospital	561
association, appointed by the association's president;	562

(11) An individual who represents the Ohio children's	563
hospital association, appointed by the association's president;	564

(12) Two individuals who represent community-based programs	565
that serve pregnant women or new mothers whose infants tend to be	566
at a higher risk for infant mortality, appointed by the governor.	567

(D) The commission members described in divisions (C)(1),	568
(2), (8), (9), (10), (11), and (12) of this section shall be	569
appointed not later than thirty days after the effective date of	570
this section. An appointed member shall hold office until a	571
successor is appointed. A vacancy shall be filled in the same	572
manner as the original appointment.	573

From among the members, the president of the senate and	574
speaker of the house of representatives shall appoint two to serve	575
as co-chairpersons of the commission.	576

A member shall serve without compensation except to the	577
extent that serving on the commission is considered part of the	578
member's regular duties of employment.	579

(E) The commission may request assistance from the staff of	580
the legislative service commission.	581

(F) For purposes of division (B)(3) of this section, the	582
state registrar shall ensure that the commission and academic	583
medical centers located in this state have access to any	584
electronic system of vital records the state registrar or	585
department of health maintains, including the Ohio public health	586
information warehouse. Not later than six months after the	587
effective date of this section, the commission on infant mortality	588
shall prepare a written report of its findings and recommendations	589
concerning the matters described in division (B) of this section.	590
On completion, the commission shall submit the report to the	591
governor and, in accordance with section 101.68 of the Revised	592
Code, the general assembly.	593

(G) The president of the senate and speaker of the house of	594
representatives shall determine the responsibilities of the	595
commission following submission of the report under division (F)	596
of this section.	597

(H) The commission is not subject to sections 101.82 to	598
101.87 of the Revised Code.	599

Sec. 3702.40. (A) As used in this section, "mammogram" and	600
"facility" have the same meanings as in section 263b(a) of the	601
"Mammography Quality Standards Act of 1992," 106 Stat. 3547	602
(1992), 42 U.S.C. 263b(a), as amended.	603

(B) As required by 21 C.F.R. 900.12(c)(2), a facility shall	604
send to each patient who has a mammogram at the facility a summary	605
of the written report containing the results of the patient's	606
mammogram. If, based on the breast imaging reporting and data	607
system established by the American college of radiology, the	608
patient's mammogram demonstrates that the patient has dense breast	609
tissue, the summary shall include the following statement:	610

"Your mammogram demonstrates that you have dense breast	611
tissue, which could hide abnormalities. Dense breast tissue, in	612
and of itself, is a relatively common condition. Therefore, this	613
information is not provided to cause undue concern; rather, it is	614
to raise your awareness and promote discussion with your health	615
care provider regarding the presence of dense breast tissue in	616
addition to other risk factors."	617

As required by 21 C.F.R. 900.12(c)(3), the facility shall	618
send to the patient's health care provider, if known, a copy of	619
the written report containing the results of the patient's	620
mammogram not later than thirty days after the mammogram was	621
performed.	622

623

(1) Create a new cause of action or substantive legal right	624
against a person, facility, or other entity;	625

(2) Create a standard of care, obligation, or duty for a	626
person, facility, or other entity that would provide the basis for	627
a cause of action or substantive legal right, other than the duty	628
to send the summary and written report described in division (B)	629
of this section.	630

Sec. 3719.01. As used in this chapter:

631

(A) "Administer" means the direct application of a drug,	632
whether by injection, inhalation, ingestion, or any other means to	633
a person or an animal.	634

(B) "Drug enforcement administration" means the drug	635
enforcement administration of the United States department of	636
justice or its successor agency.	637

(C) "Controlled substance" means a drug, compound, mixture,	638
preparation, or substance included in schedule I, II, III, IV, or	639
V.	640

(D) "Dangerous drug" has the same meaning as in section	641
4729.01 of the Revised Code.	642

(E) "Dispense" means to sell, leave with, give away, dispose	643
of, or deliver.	644

(F) "Distribute" means to deal in, ship, transport, or	645
deliver but does not include administering or dispensing a drug.	646

(G) "Drug" has the same meaning as in section 4729.01 of the	647
Revised Code.	648

(H) "Drug abuse offense," "felony drug abuse offense,"	649
"cocaine," and "hashish" have the same meanings as in section	650
2925.01 of the Revised Code.	651

(I) "Federal drug abuse control laws" means the	652
"Comprehensive Drug Abuse Prevention and Control Act of 1970," 84	653
Stat. 1242, 21 U.S.C. 801, as amended.	654

(J) "Hospital" means an institution for the care and	655
treatment of the sick and injured that is certified by the	656
department of health and approved by the state board of pharmacy	657
as proper to be entrusted with the custody of controlled	658
substances and the professional use of controlled substances.	659

(K) "Hypodermic" means a hypodermic syringe or needle, or	660
other instrument or device for the injection of medication.	661

(L) "Isomer," except as otherwise expressly stated, means the	662
optical isomer.	663

(M) "Laboratory" means a laboratory approved by the state	664
board of pharmacy as proper to be entrusted with the custody of	665
controlled substances and the use of controlled substances for	666
scientific and clinical purposes and for purposes of instruction.	667

(N) "Manufacturer" means a person who manufactures a	668
controlled substance, as "manufacture" is defined in section	669
3715.01 of the Revised Code.	670

(O) "Marihuana" means all parts of a plant of the genus	671
cannabis, whether growing or not; the seeds of a plant of that	672
type; the resin extracted from a part of a plant of that type; and	673
every compound, manufacture, salt, derivative, mixture, or	674
preparation of a plant of that type or of its seeds or resin.	675
"Marihuana" does not include the mature stalks of the plant, fiber	676
produced from the stalks, oils or cake made from the seeds of the	677
plant, or any other compound, manufacture, salt, derivative,	678
mixture, or preparation of the mature stalks, except the resin	679
extracted from the mature stalks, fiber, oil or cake, or the	680
sterilized seed of the plant that is incapable of germination.	681

(P) "Narcotic drugs" means coca leaves, opium, isonipecaine,	682
amidone, isoamidone, ketobemidone, as defined in this division,	683
and every substance not chemically distinguished from them and	684
every drug, other than cannabis, that may be included in the	685
meaning of "narcotic drug" under the federal drug abuse control	686
laws. As used in this division:	687

(1) "Coca leaves" includes cocaine and any compound,	688
manufacture, salt, derivative, mixture, or preparation of coca	689
leaves, except derivatives of coca leaves, that does not contain	690
cocaine, ecgonine, or substances from which cocaine or ecgonine	691
may be synthesized or made.	692

(2) "Isonipecaine" means any substance identified chemically	693
as 1-methyl-4-phenyl-piperidine-4-carboxylic acid ethyl ester, or	694
any salt thereof, by whatever trade name designated.	695

(3) "Amidone" means any substance identified chemically as	696
4-4-diphenyl-6-dimethylamino-heptanone-3, or any salt thereof, by	697
whatever trade name designated.	698

(4) "Isoamidone" means any substance identified chemically as	699
4-4-diphenyl-5-methyl-6-dimethylaminohexanone-3, or any salt	700
thereof, by whatever trade name designated.	701

(5) "Ketobemidone" means any substance identified chemically	702
as 4-(3-hydroxyphenyl)-1-methyl-4-piperidyl ethyl ketone	703
hydrochloride, or any salt thereof, by whatever trade name	704
designated.	705

(Q) "Official written order" means an order written on a form	706
provided for that purpose by the director of the United States	707
drug enforcement administration, under any laws of the United	708
States making provision for the order, if the order forms are	709
authorized and required by federal law.	710

(R) "Opiate" means any substance having an addiction-forming	711
or addiction-sustaining liability similar to morphine or being	712
capable of conversion into a drug having addiction-forming or	713
addiction-sustaining liability. "Opiate" does not include, unless	714
specifically designated as controlled under section 3719.41 of the	715
Revised Code, the dextrorotatory isomer of	716
3-methoxy-N-methylmorphinan and its salts (dextro-methorphan).	717
"Opiate" does include its racemic and levoratory forms.	718

(S) "Opium poppy" means the plant of the species papaver	719
somniferum L., except its seeds.	720

(T) "Person" means any individual, corporation, government,	721
governmental subdivision or agency, business trust, estate, trust,	722
partnership, association, or other legal entity.	723

(U) "Pharmacist" means a person licensed under Chapter 4729.	724
of the Revised Code to engage in the practice of pharmacy.	725

(V) "Pharmacy" has the same meaning as in section 4729.01 of	726
the Revised Code.	727

(W) "Poison" means any drug, chemical, or preparation likely	728
to be deleterious or destructive to adult human life in quantities	729
of four grams or less.	730

(X) "Poppy straw" means all parts, except the seeds, of the	731
opium poppy, after mowing.	732

(Y) "Licensed health professional authorized to prescribe	733
drugs," "prescriber," and "prescription" have the same meanings as	734
in section 4729.01 of the Revised Code.	735

(Z) "Registry number" means the number assigned to each	736
person registered under the federal drug abuse control laws.	737

(AA) "Sale" includes delivery, barter, exchange, transfer, or	738
gift, or offer thereof, and each transaction of those natures made	739
by any person, whether as principal, proprietor, agent, servant,	740
or employee.	741

(BB) "Schedule I," "schedule II," "schedule III," "schedule	742
IV," and "schedule V" mean controlled substance schedules I, II,	743
III, IV, and V, respectively, established pursuant to section	744
3719.41 of the Revised Code, as amended pursuant to section	745
3719.43 or 3719.44 of the Revised Code.	746

(CC) "Wholesaler" means a person who, on official written	747
orders other than prescriptions, supplies controlled substances	748
that the person has not manufactured, produced, or prepared	749
personally and includes a "wholesale distributor of dangerous	750
drugs" as defined in section 4729.01 of the Revised Code.	751

(DD) "Animal shelter" means a facility operated by a humane	752
society or any society organized under Chapter 1717. of the	753
Revised Code or a dog pound operated pursuant to Chapter 955. of	754
the Revised Code.	755

(EE) "Terminal distributor of dangerous drugs" has the same	756
meaning as in section 4729.01 of the Revised Code.	757

(FF) "Category III license" means a license issued to a	758
terminal distributor of dangerous drugs as set forth in section	759
4729.54 of the Revised Code.	760

(GG) "Prosecutor" has the same meaning as in section 2935.01	761
of the Revised Code.	762

(HH)(1) "Controlled substance analog" means, except as	763
provided in division (HH)(2) of this section, a substance to which	764
both of the following apply:	765

(a) The chemical structure of the substance is substantially	766
similar to the structure of a controlled substance in schedule I	767
or II.	768

(b) One of the following applies regarding the substance:

769

(i) The substance has a stimulant, depressant, or	770
hallucinogenic effect on the central nervous system that is	771
substantially similar to or greater than the stimulant,	772
depressant, or hallucinogenic effect on the central nervous system	773
of a controlled substance in schedule I or II.	774

(ii) With respect to a particular person, that person	775
represents or intends the substance to have a stimulant,	776
depressant, or hallucinogenic effect on the central nervous system	777
that is substantially similar to or greater than the stimulant,	778
depressant, or hallucinogenic effect on the central nervous system	779
of a controlled substance in schedule I or II.	780

(2) "Controlled substance analog" does not include any of the	781
following:	782

(a) A controlled substance;

783

(b) Any substance for which there is an approved new drug	784
application;	785

(c) With respect to a particular person, any substance if an	786
exemption is in effect for investigational use for that person	787
pursuant to federal law to the extent that conduct with respect to	788
that substance is pursuant to that exemption;	789

(d) Any substance to the extent it is not intended for human	790
consumption before the exemption described in division (HH)(2)(b)	791
of this section takes effect with respect to that substance.	792

(II) "Benzodiazepine" means a controlled substance that has	793
United States food and drug administration approved labeling	794
indicating that it is a benzodiazepine, benzodiazepine derivative,	795
triazolobenzodiazepine, or triazolobenzodiazepine derivative,	796
including the following drugs and their varying salt forms or	797
chemical congeners: alprazolam, chlordiazepoxide hydrochloride,	798
clobazam, clonazepam, clorazepate, diazepam, estazolam, flurazepam	799
hydrochloride, lorazepam, midazolam, oxazepam, quazepam,	800
temazepam, and triazolam.	801

(JJ) "Opioid analgesic" means a controlled substance that has	802
analgesic pharmacologic activity at the opioid receptors of the	803
central nervous system, including the following drugs and their	804
varying salt forms or chemical congeners: buprenorphine,	805
butorphanol, codeine (including acetaminophen and other	806
combination products), dihydrocodeine, fentanyl, hydrocodone	807
(including acetaminophen combination products), hydromorphone,	808
meperidine, methadone, morphine sulfate, oxycodone (including	809
acetaminophen, aspirin, and other combination products),	810
oxymorphone, tapentadol, and tramadol.	811

(KK) "Emergency facility" means a hospital emergency	812
department or any other facility that provides emergency care.	813

Sec. 3719.061. (A)(1) As used in this section:

814

(a) "Another adult authorized to consent to the minor's	815
medical treatment" means an adult to whom a minor's parent or	816
guardian has given written authorization to consent to the minor's	817
medical treatment.	818

(b) "Medical emergency" means a situation that in a	819
prescriber's good faith medical judgment creates an immediate	820
threat of serious risk to the life or physical health of a minor.	821

(c) "Minor" means an individual under eighteen years of age	822
who is not emancipated.	823

(2) For purposes of this section, an individual under	824
eighteen years of age is emancipated only if the individual has	825
married, has entered the armed services of the United States,	826
~~became~~has become employed and self-sustaining, or ~~has~~ otherwise	827
has become independent from the care and control of the	828
individual's parent, guardian, or custodian.	829

(B) Except as provided in division (C) of this section,	830
before issuing for a minor the first prescription in a single	831
course of treatment for ~~a particular compound that is a controlled~~	832
~~substance containing~~ an opioid analgesic, regardless of whether	833
the dosage is modified during that course of treatment, a	834
prescriber shall do all of the following:	835

(1) As part of the prescriber's examination of the minor,	836
assess whether the minor has ever suffered, or is currently	837
suffering, from mental health or substance abuse disorders and	838
whether the minor has taken or is currently taking prescription	839
drugs for treatment of those disorders;	840

(2) Discuss with the minor and the minor's parent, guardian,	841
or another adult authorized to consent to the minor's medical	842
treatment all of the following:	843

(a) The risks of addiction and overdose associated with ~~the~~	844
~~compound~~opioid analgesics;	845

(b) The increased risk of addiction to controlled substances	846
of individuals suffering from both mental and substance abuse	847
disorders;	848

(c) The dangers of taking ~~controlled substances containing~~	849
~~opioids~~opioid analgesics with benzodiazepines, alcohol, or other	850
central nervous system depressants;	851

(d) Any other information in the patient counseling	852
information section of the labeling for the ~~compound~~opioid	853
analgesic required under 21 C.F.R. 201.57(c)(18).	854

(3) Obtain written consent for the prescription from the	855
minor's parent, guardian, or, subject to division (E) of this	856
section, another adult authorized to consent to the minor's	857
medical treatment.	858

The prescriber shall record the consent on a form, which	859
shall be known as the "Start Talking!" consent form. The form	860
shall be separate from any other document the prescriber uses to	861
obtain informed consent for other treatment provided to the minor.	862
The form shall contain all of the following:	863

(a) The name and quantity of the ~~compound~~opioid analgesic	864
being prescribed and the amount of the initial dose;	865

(b) A statement indicating that a controlled substance is a	866
drug or other substance that the United States drug enforcement	867
administration has identified as having a potential for abuse;	868

(c) A statement certifying that the prescriber discussed with	869
the minor and the minor's parent, guardian, or another adult	870
authorized to consent to the minor's medical treatment the matters	871
described in division (B)(2) of this section;	872

(d) The number of refills, if any, authorized by the	873
prescription;	874

(e) The signature of the minor's parent, guardian, or another	875
adult authorized to consent to the minor's medical treatment and	876
the date of signing.	877

(C)(1) The requirements in division (B) of this section do	878
not apply if the minor's treatment with ~~a compound that is a~~	879
~~controlled substance containing~~ an opioid analgesic meets any of	880
the following criteria:	881

(a) The treatment is associated with or incident to a medical	882
emergency.	883

(b) The treatment is associated with or incident to surgery,	884
regardless of whether the surgery is performed on an inpatient or	885
outpatient basis.	886

(c) In the prescriber's professional judgment, fulfilling the	887
requirements of division (B) of this section with respect to the	888
minor's treatment would be a detriment to the minor's health or	889
safety.	890

(d) Except as provided in division (D) of this section, the	891
treatment is rendered in a hospital, emergency facility,	892
ambulatory surgical facility, nursing home, pediatric respite care	893
program, residential care facility, freestanding rehabilitation	894
facility, or similar institutional facility.	895

(2) The requirements in division (B) of this section do not	896
apply to a prescription for ~~a compound that is a controlled~~	897
~~substance containing~~ an opioid analgesic that a prescriber issues	898
to a minor at the time of discharge from a facility or other	899
location described in division (C)(1)(d) of this section.	900

(D) The exemption in division (C)(1)(d) of this section does	901
not apply to treatment rendered in a prescriber's office that is	902
located on the premises of or adjacent to a facility or other	903
location described in that division.	904

(E) If the individual who signs the consent form required by	905
division (B)(3) of this section is another adult authorized to	906
consent to the minor's medical treatment, the prescriber shall	907
prescribe not more than a single, seventy-two-hour supply and	908
indicate on the prescription the quantity that is to be dispensed	909
pursuant to the prescription.	910

(F) A signed "Start Talking!" consent form obtained under	911
this section shall be maintained in the minor's medical record.	912

Sec. 3729.05. (A)(1) OnExcept as otherwise provided in this	913
section, on or after the first day of April, but before the first	914
day of May of each year, every person who intends to operate a	915
recreational vehicle park, recreation camp, or combined park-camp	916
shall procure a license to operate the park or camp from the	917
licensor. If the applicable license fee prescribed under section	918
3729.07 of the Revised Code is not received by the licensor by the	919
close of business on the last day of April, the applicant for the	920
license shall pay a penalty equal to twenty-five per cent of the	921
applicable license fee. The penalty shall accompany the license	922
fee. If the last day of April is not a business day, the penalty	923
attaches upon the close of business on the next business day.	924

(2) Every person who intends to operate a temporary park-camp	925
shall obtain a license to operate the temporary park-camp from the	926
licensor at any time before the person begins operation of the	927
temporary park-camp during the calendar year.	928

(3) No recreational vehicle park, recreation camp, combined	929
park-camp, or temporary park-camp shall be maintained or operated	930
in this state without a license. However, no person who neither	931
intends to receive nor receives anything of value arising from the	932
use of, or the sale of goods or services in connection with the	933
use of, a recreational vehicle park, recreation camp, combined	934
park-camp, or temporary park-camp is required to procure a license	935
under this division. If any health hazard exists at such an	936
unlicensed park, camp, or park-camp, the health hazard shall be	937
corrected in a manner consistent with the appropriate rule adopted	938
under division (A) or (B) of section 3729.02 of the Revised Code.	939

(4) No person who has received a license under division	940
(A)(1) of this section, upon the sale or disposition of the	941
recreational vehicle park, recreation camp, or combined park-camp,	942
may have the license transferred to the new operator. A person	943
shall obtain a separate license to operate each recreational	944
vehicle park, recreation camp, or combined park-camp. No license	945
to operate a temporary park-camp shall be transferred. A person	946
shall obtain a separate license for each temporary park-camp that	947
the person intends to operate, and the license shall be valid for	948
a period of not longer than seven consecutive days. A person who	949
operates a temporary park-camp on a tract of land for more than	950
twenty-one days or parts thereof in a calendar year shall obtain a	951
license to operate a recreational vehicle park, recreation camp,	952
or combined park-camp.	953

(B)(1) Before a license is initially issued under division	954
(A)(1) of this section and annually thereafter, or more often if	955
necessary, the licensor shall cause each recreational vehicle	956
park, recreation camp, or combined park-camp to be inspected to	957
determine compliance with this chapter and rules adopted under it.	958
A record shall be made of each inspection on a form prescribed by	959
the director of health.	960

(2) When a license is initially issued under division (A)(2)	961
of this section, and more often if necessary, the licensor shall	962
cause each temporary park-camp to be inspected to determine	963
compliance with this chapter and rules adopted under it during the	964
period that the temporary park-camp is in operation. A record	965
shall be made of each inspection on a form prescribed by the	966
director.	967

(C) Each person applying for an initial license to operate a	968
recreational vehicle park, recreation camp, combined park-camp, or	969
temporary park-camp shall provide acceptable proof to the	970
director, or to the licensor in the case of a temporary park-camp,	971
that adequate fire protection will be provided and that applicable	972
fire codes will be adhered to in the construction and operation of	973
the park, camp, or park-camp.	974

(D) Any person that operates a county or state fair or any	975
independent agricultural society organized pursuant to section	976
1711.02 of the Revised Code that operates a fair shall not be	977
required to obtain a license under this chapter if recreational	978
vehicles, portable camping units, or any combination of them are	979
parked at the site of the fair only during the time of preparation	980
for, operation of, and dismantling of the fair and if the	981
recreational vehicles, portable camping units, or any combination	982
of them belong to participants in the fair.	983

(E) The following entities that operate a fair and that hold	984
a license issued under this chapter are not required to comply	985
with the requirements normally imposed on a licensee under this	986
chapter and rules adopted under it during the time of preparation	987
for, operation of, and dismantling of the fair:	988

(1) A county agricultural society organized pursuant to	989
section 1711.01 of the Revised Code;	990

(2) An independent agricultural society organized pursuant to	991
section 1711.02 of the Revised Code;	992

(3) The Ohio expositions commission.

993

(F) A motorsports park is exempt from the license	994
requirements established in divisions (A)(1) and (2) of this	995
section if the motorsports park does both of the following:	996

(1) Holds at least one annual event sanctioned by the	997
national association for stock car auto racing or the national hot	998
rod association during a motor sports racing event;	999

(2) Provides parking for recreational vehicles, dependent	1000
recreational vehicles, and portable camping units that belong to	1001
participants in that event.	1002

The exemption established in this division applies to	1003
participant-only areas during the time of preparation for and	1004
operation of the event.	1005

(G) A person subject to this chapter or rules adopted under	1006
it may apply to the director for a waiver or variance from a	1007
provision of this chapter or rules adopted under it. The director	1008
may grant a waiver or variance if the person demonstrates, to the	1009
satisfaction of the director, that the waiver or variance will not	1010
result in any adverse effect on the public health and safety. The	1011
director shall adopt rules in accordance with Chapter 119. of the	1012
Revised Code establishing requirements and procedures governing	1013
the application for and granting of a waiver or variance under	1014
this division.	1015

Sec. 4715.14. (A)(1) Each person who is licensed to practice	1016
dentistry in Ohio shall, on or before the first day of January of	1017
each even-numbered year, register with the state dental board. The	1018
registration shall be made on a form prescribed by the board and	1019
furnished by the secretary, shall include the licensee's name,	1020
address, license number, and such other reasonable information as	1021
the board may consider necessary, and shall include payment of a	1022
biennial registration fee of two hundred forty-five dollars.	1023
Except as provided in division (E) of this section, this fee shall	1024
be paid to the treasurer of state. Subject to division (C) of this	1025
section, a registration shall be in effect for the two-year period	1026
beginning on the first day of January of the even-numbered year	1027
and ending on the last day of December of the following	1028
odd-numbered year, and shall be renewed in accordance with the	1029
standard renewal procedure of sections 4745.01 to 4745.03 of the	1030
Revised Code.	1031

(2)(a) Except as provided in division (A)(2)(b) of this	1032
section, in the case of a licensee seeking registration who	1033
prescribes or personally furnishes opioid analgesics or	1034
benzodiazepines, as defined in section 3719.01 of the Revised	1035
Code, the licensee shall certify to the board whether the licensee	1036
has been granted access to the drug database established and	1037
maintained by the state board of pharmacy pursuant to section	1038
4729.75 of the Revised Code.	1039

(b) The requirement in division (A)(2)(a) of this section	1040
does not apply if ~~either~~any of the following is the case:	1041

(i) The state board of pharmacy notifies the state dental	1042
board pursuant to section 4729.861 of the Revised Code that the	1043
licensee has been restricted from obtaining further information	1044
from the drug database.	1045

(ii) The state board of pharmacy no longer maintains the drug	1046
database.	1047

(iii) The licensee does not practice dentistry in this state.

1048

(3) If a licensee certifies to the state dental board that	1049
the licensee has been granted access to the drug database and the	1050
board finds through an audit or other means that the licensee has	1051
not been granted access, the board may take action under section	1052
4715.30 of the Revised Code.	1053

(B) A licensed dentist who desires to temporarily retire from	1054
practice and who has given the board notice in writing to that	1055
effect shall be granted such a retirement, provided only that at	1056
that time all previous registration fees and additional costs of	1057
reinstatement have been paid.	1058

(C) Not later than the thirty-first day of January of an	1059
even-numbered year, the board shall send a notice by certified	1060
mail to a dentist who fails to renew a license in accordance with	1061
division (A) of this section. The notice shall state all of the	1062
following:	1063

(1) That the board has not received the registration form and	1064
fee described in that division;	1065

(2) That the license shall remain valid and in good standing	1066
until the first day of April following the last day of December of	1067
the odd-numbered year in which the dentist was scheduled to renew	1068
if the dentist remains in compliance with all other applicable	1069
provisions of this chapter and any rule adopted under it;	1070

(3) That the license may be renewed until the first day of	1071
April following the last day of December of the odd-numbered year	1072
in which the dentist was scheduled to renew by the payment of the	1073
biennial registration fee and an additional fee of one hundred	1074
dollars to cover the cost of late renewal;	1075

(4) That unless the board receives the registration form and	1076
fee before the first day of April following the last day of	1077
December of the odd-numbered year in which the dentist was	1078
scheduled to renew, the board may, on or after the relevant first	1079
day of April, initiate disciplinary action against the dentist	1080
pursuant to Chapter 119. of the Revised Code;	1081

(5) That a dentist whose license has been suspended as a	1082
result of disciplinary action initiated pursuant to division	1083
(C)(4) of this section may be reinstated by the payment of the	1084
biennial registration fee and an additional fee of three hundred	1085
dollars to cover the cost of reinstatement.	1086

(D) Each dentist licensed to practice, whether a resident or	1087
not, shall notify the secretary in writing or electronically of	1088
any change in the dentist's office address or employment within	1089
ten days after such change has taken place. On the first day of	1090
July of every even-numbered year, the secretary shall issue a	1091
printed roster of the names and addresses so registered.	1092

(E) Twenty dollars of each biennial registration fee shall be	1093
paid to the dentist loan repayment fund created under section	1094
3702.95 of the Revised Code.	1095

Sec. 4715.30. (A) An applicant for or holder of a	1096
certificate or license issued under this chapter is subject to	1097
disciplinary action by the state dental board for any of the	1098
following reasons:	1099

(1) Employing or cooperating in fraud or material deception	1100
in applying for or obtaining a license or certificate;	1101

(2) Obtaining or attempting to obtain money or anything of	1102
value by intentional misrepresentation or material deception in	1103
the course of practice;	1104

(3) Advertising services in a false or misleading manner or	1105
violating the board's rules governing time, place, and manner of	1106
advertising;	1107

(4) Commission of an act that constitutes a felony in this	1108
state, regardless of the jurisdiction in which the act was	1109
committed;	1110

(5) Commission of an act in the course of practice that	1111
constitutes a misdemeanor in this state, regardless of the	1112
jurisdiction in which the act was committed;	1113

(6) Conviction of, a plea of guilty to, a judicial finding of	1114
guilt of, a judicial finding of guilt resulting from a plea of no	1115
contest to, or a judicial finding of eligibility for intervention	1116
in lieu of conviction for, any felony or of a misdemeanor	1117
committed in the course of practice;	1118

(7) Engaging in lewd or immoral conduct in connection with	1119
the provision of dental services;	1120

(8) Selling, prescribing, giving away, or administering drugs	1121
for other than legal and legitimate therapeutic purposes, or	1122
conviction of, a plea of guilty to, a judicial finding of guilt	1123
of, a judicial finding of guilt resulting from a plea of no	1124
contest to, or a judicial finding of eligibility for intervention	1125
in lieu of conviction for, a violation of any federal or state law	1126
regulating the possession, distribution, or use of any drug;	1127

(9) Providing or allowing dental hygienists, expanded	1128
function dental auxiliaries, or other practitioners of auxiliary	1129
dental occupations working under the certificate or license	1130
holder's supervision, or a dentist holding a temporary limited	1131
continuing education license under division (C) of section 4715.16	1132
of the Revised Code working under the certificate or license	1133
holder's direct supervision, to provide dental care that departs	1134
from or fails to conform to accepted standards for the profession,	1135
whether or not injury to a patient results;	1136

(10) Inability to practice under accepted standards of the	1137
profession because of physical or mental disability, dependence on	1138
alcohol or other drugs, or excessive use of alcohol or other	1139
drugs;	1140

(11) Violation of any provision of this chapter or any rule	1141
adopted thereunder;	1142

(12) Failure to use universal blood and body fluid	1143
precautions established by rules adopted under section 4715.03 of	1144
the Revised Code;	1145

(13) Except as provided in division (H) of this section,	1146
either of the following:	1147

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

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

(14) Failure to comply with section 4729.79 of the Revised	1159
Code, unless the state board of pharmacy no longer maintains a	1160
drug database pursuant to section 4729.75 of the Revised Code;	1161

(15) Any of the following actions taken by an agency	1162
responsible for authorizing, certifying, or regulating an	1163
individual to practice a health care occupation or provide health	1164
care services in this state or another jurisdiction, for any	1165
reason other than the nonpayment of fees: the limitation,	1166
revocation, or suspension of an individual's license to practice;	1167
acceptance of an individual's license surrender; denial of a	1168
license; refusal to renew or reinstate a license; imposition of	1169
probation; or issuance of an order of censure or other reprimand;	1170

(16) Failure to cooperate in an investigation conducted by	1171
the board under division (D) of section 4715.03 of the Revised	1172
Code, including failure to comply with a subpoena or order issued	1173
by the board or failure to answer truthfully a question presented	1174
by the board at a deposition or in written interrogatories, except	1175
that failure to cooperate with an investigation shall not	1176
constitute grounds for discipline under this section if a court of	1177
competent jurisdiction has issued an order that either quashes a	1178
subpoena or permits the individual to withhold the testimony or	1179
evidence in issue;	1180

(17) Failure to comply with the requirements in section	1181
3719.061 of the Revised Code before issuing tofor a minor a	1182
prescription for ~~a controlled substance containing~~ an opioid	1183
analgesic, as defined in section 3719.01 of the Revised Code.	1184

(B) A manager, proprietor, operator, or conductor of a dental	1185
facility shall be subject to disciplinary action if any dentist,	1186
dental hygienist, expanded function dental auxiliary, or qualified	1187
personnel providing services in the facility is found to have	1188
committed a violation listed in division (A) of this section and	1189
the manager, proprietor, operator, or conductor knew of the	1190
violation and permitted it to occur on a recurring basis.	1191

(C) Subject to Chapter 119. of the Revised Code, the board	1192
may take one or more of the following disciplinary actions if one	1193
or more of the grounds for discipline listed in divisions (A) and	1194
(B) of this section exist:	1195

(1) Censure the license or certificate holder;

1196

(2) Place the license or certificate on probationary status	1197
for such period of time the board determines necessary and require	1198
the holder to:	1199

(a) Report regularly to the board upon the matters which are	1200
the basis of probation;	1201

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

1202

(c) Continue or renew professional education until a	1203
satisfactory degree of knowledge or clinical competency has been	1204
attained in specified areas.	1205

(3) Suspend the certificate or license;

1206

(4) Revoke the certificate or license.

1207

Where the board places a holder of a license or certificate	1208
on probationary status pursuant to division (C)(2) of this	1209
section, the board may subsequently suspend or revoke the license	1210
or certificate if it determines that the holder has not met the	1211
requirements of the probation or continues to engage in activities	1212
that constitute grounds for discipline pursuant to division (A) or	1213
(B) of this section.	1214

Any order suspending a license or certificate shall state the	1215
conditions under which the license or certificate will be	1216
restored, which may include a conditional restoration during which	1217
time the holder is in a probationary status pursuant to division	1218
(C)(2) of this section. The board shall restore the license or	1219
certificate unconditionally when such conditions are met.	1220

(D) If the physical or mental condition of an applicant or a	1221
license or certificate holder is at issue in a disciplinary	1222
proceeding, the board may order the license or certificate holder	1223
to submit to reasonable examinations by an individual designated	1224
or approved by the board and at the board's expense. The physical	1225
examination may be conducted by any individual authorized by the	1226
Revised Code to do so, including a physician assistant, a clinical	1227
nurse specialist, a certified nurse practitioner, or a certified	1228
nurse-midwife. Any written documentation of the physical	1229
examination shall be completed by the individual who conducted the	1230
examination.	1231

Failure to comply with an order for an examination shall be	1232
grounds for refusal of a license or certificate or summary	1233
suspension of a license or certificate under division (E) of this	1234
section.	1235

(E) If a license or certificate holder has failed to comply	1236
with an order under division (D) of this section, the board may	1237
apply to the court of common pleas of the county in which the	1238
holder resides for an order temporarily suspending the holder's	1239
license or certificate, without a prior hearing being afforded by	1240
the board, until the board conducts an adjudication hearing	1241
pursuant to Chapter 119. of the Revised Code. If the court	1242
temporarily suspends a holder's license or certificate, the board	1243
shall give written notice of the suspension personally or by	1244
certified mail to the license or certificate holder. Such notice	1245
shall inform the license or certificate holder of the right to a	1246
hearing pursuant to Chapter 119. of the Revised Code.	1247

(F) Any holder of a certificate or license issued under this	1248
chapter who has pleaded guilty to, has been convicted of, or has	1249
had a judicial finding of eligibility for intervention in lieu of	1250
conviction entered against the holder in this state for aggravated	1251
murder, murder, voluntary manslaughter, felonious assault,	1252
kidnapping, rape, sexual battery, gross sexual imposition,	1253
aggravated arson, aggravated robbery, or aggravated burglary, or	1254
who has pleaded guilty to, has been convicted of, or has had a	1255
judicial finding of eligibility for treatment or intervention in	1256
lieu of conviction entered against the holder in another	1257
jurisdiction for any substantially equivalent criminal offense, is	1258
automatically suspended from practice under this chapter in this	1259
state and any certificate or license issued to the holder under	1260
this chapter is automatically suspended, as of the date of the	1261
guilty plea, conviction, or judicial finding, whether the	1262
proceedings are brought in this state or another jurisdiction.	1263
Continued practice by an individual after the suspension of the	1264
individual's certificate or license under this division shall be	1265
considered practicing without a certificate or license. The board	1266
shall notify the suspended individual of the suspension of the	1267
individual's certificate or license under this division by	1268
certified mail or in person in accordance with section 119.07 of	1269
the Revised Code. If an individual whose certificate or license is	1270
suspended under this division fails to make a timely request for	1271
an adjudicatory hearing, the board shall enter a final order	1272
revoking the individual's certificate or license.	1273

(G) If the supervisory investigative panel determines both of	1274
the following, the panel may recommend that the board suspend an	1275
individual's certificate or license without a prior hearing:	1276

(1) That there is clear and convincing evidence that an	1277
individual has violated division (A) of this section;	1278

(2) That the individual's continued practice presents a	1279
danger of immediate and serious harm to the public.	1280

Written allegations shall be prepared for consideration by	1281
the board. The board, upon review of those allegations and by an	1282
affirmative vote of not fewer than four dentist members of the	1283
board and seven of its members in total, excluding any member on	1284
the supervisory investigative panel, may suspend a certificate or	1285
license without a prior hearing. A telephone conference call may	1286
be utilized for reviewing the allegations and taking the vote on	1287
the summary suspension.	1288

The board shall issue a written order of suspension by	1289
certified mail or in person in accordance with section 119.07 of	1290
the Revised Code. The order shall not be subject to suspension by	1291
the court during pendency or any appeal filed under section 119.12	1292
of the Revised Code. If the individual subject to the summary	1293
suspension requests an adjudicatory hearing by the board, the date	1294
set for the hearing shall be within fifteen days, but not earlier	1295
than seven days, after the individual requests the hearing, unless	1296
otherwise agreed to by both the board and the individual.	1297

Any summary suspension imposed under this division shall	1298
remain in effect, unless reversed on appeal, until a final	1299
adjudicative order issued by the board pursuant to this section	1300
and Chapter 119. of the Revised Code becomes effective. The board	1301
shall issue its final adjudicative order within seventy-five days	1302
after completion of its hearing. A failure to issue the order	1303
within seventy-five days shall result in dissolution of the	1304
summary suspension order but shall not invalidate any subsequent,	1305
final adjudicative order.	1306

(H) Sanctions shall not be imposed under division (A)(13) of	1307
this section against any certificate or license holder who waives	1308
deductibles and copayments as follows:	1309

(1) In compliance with the health benefit plan that expressly	1310
allows such a practice. Waiver of the deductibles or copayments	1311
shall be made only with the full knowledge and consent of the plan	1312
purchaser, payer, and third-party administrator. Documentation of	1313
the consent shall be made available to the board upon request.	1314

(2) For professional services rendered to any other person	1315
who holds a certificate or license issued pursuant to this chapter	1316
to the extent allowed by this chapter and the rules of the board.	1317

(I) In no event shall the board consider or raise during a	1318
hearing required by Chapter 119. of the Revised Code the	1319
circumstances of, or the fact that the board has received, one or	1320
more complaints about a person unless the one or more complaints	1321
are the subject of the hearing or resulted in the board taking an	1322
action authorized by this section against the person on a prior	1323
occasion.	1324

(J) The board may share any information it receives pursuant	1325
to an investigation under division (D) of section 4715.03 of the	1326
Revised Code, including patient records and patient record	1327
information, with law enforcement agencies, other licensing	1328
boards, and other governmental agencies that are prosecuting,	1329
adjudicating, or investigating alleged violations of statutes or	1330
administrative rules. An agency or board that receives the	1331
information shall comply with the same requirements regarding	1332
confidentiality as those with which the state dental board must	1333
comply, notwithstanding any conflicting provision of the Revised	1334
Code or procedure of the agency or board that applies when it is	1335
dealing with other information in its possession. In a judicial	1336
proceeding, the information may be admitted into evidence only in	1337
accordance with the Rules of Evidence, but the court shall require	1338
that appropriate measures are taken to ensure that confidentiality	1339
is maintained with respect to any part of the information that	1340
contains names or other identifying information about patients or	1341
complainants whose confidentiality was protected by the state	1342
dental board when the information was in the board's possession.	1343
Measures to ensure confidentiality that may be taken by the court	1344
include sealing its records or deleting specific information from	1345
its records.	1346

Sec. 4723.28. (A) The board of nursing, by a vote of a	1347
quorum, may impose one or more of the following sanctions if it	1348
finds that a person committed fraud in passing an examination	1349
required to obtain a license, certificate of authority, or	1350
dialysis technician certificate issued by the board or to have	1351
committed fraud, misrepresentation, or deception in applying for	1352
or securing any nursing license, certificate of authority, or	1353
dialysis technician certificate issued by the board: deny, revoke,	1354
suspend, or place restrictions on any nursing license, certificate	1355
of authority, or dialysis technician certificate issued by the	1356
board; reprimand or otherwise discipline a holder of a nursing	1357
license, certificate of authority, or dialysis technician	1358
certificate; or impose a fine of not more than five hundred	1359
dollars per violation.	1360

(B) The board of nursing, by a vote of a quorum, may impose	1361
one or more of the following sanctions: deny, revoke, suspend, or	1362
place restrictions on any nursing license, certificate of	1363
authority, or dialysis technician certificate issued by the board;	1364
reprimand or otherwise discipline a holder of a nursing license,	1365
certificate of authority, or dialysis technician certificate; or	1366
impose a fine of not more than five hundred dollars per violation.	1367
The sanctions may be imposed for any of the following:	1368

(1) Denial, revocation, suspension, or restriction of	1369
authority to engage in a licensed profession or practice a health	1370
care occupation, including nursing or practice as a dialysis	1371
technician, for any reason other than a failure to renew, in Ohio	1372
or another state or jurisdiction;	1373

(2) Engaging in the practice of nursing or engaging in	1374
practice as a dialysis technician, having failed to renew a	1375
nursing license or dialysis technician certificate issued under	1376
this chapter, or while a nursing license or dialysis technician	1377
certificate is under suspension;	1378

(3) Conviction of, a plea of guilty to, a judicial finding of	1379
guilt of, a judicial finding of guilt resulting from a plea of no	1380
contest to, or a judicial finding of eligibility for a pretrial	1381
diversion or similar program or for intervention in lieu of	1382
conviction for, a misdemeanor committed in the course of practice;	1383

(4) Conviction of, a plea of guilty to, a judicial finding of	1384
guilt of, a judicial finding of guilt resulting from a plea of no	1385
contest to, or a judicial finding of eligibility for a pretrial	1386
diversion or similar program or for intervention in lieu of	1387
conviction for, any felony or of any crime involving gross	1388
immorality or moral turpitude;	1389

(5) Selling, giving away, or administering drugs or	1390
therapeutic devices for other than legal and legitimate	1391
therapeutic purposes; or conviction of, a plea of guilty to, a	1392
judicial finding of guilt of, a judicial finding of guilt	1393
resulting from a plea of no contest to, or a judicial finding of	1394
eligibility for a pretrial diversion or similar program or for	1395
intervention in lieu of conviction for, violating any municipal,	1396
state, county, or federal drug law;	1397

(6) Conviction of, a plea of guilty to, a judicial finding of	1398
guilt of, a judicial finding of guilt resulting from a plea of no	1399
contest to, or a judicial finding of eligibility for a pretrial	1400
diversion or similar program or for intervention in lieu of	1401
conviction for, an act in another jurisdiction that would	1402
constitute a felony or a crime of moral turpitude in Ohio;	1403

(7) Conviction of, a plea of guilty to, a judicial finding of	1404
guilt of, a judicial finding of guilt resulting from a plea of no	1405
contest to, or a judicial finding of eligibility for a pretrial	1406
diversion or similar program or for intervention in lieu of	1407
conviction for, an act in the course of practice in another	1408
jurisdiction that would constitute a misdemeanor in Ohio;	1409

(8) Self-administering or otherwise taking into the body any	1410
dangerous drug, as defined in section 4729.01 of the Revised Code,	1411
in any way that is not in accordance with a legal, valid	1412
prescription issued for that individual, or self-administering or	1413
otherwise taking into the body any drug that is a schedule I	1414
controlled substance;	1415

(9) Habitual or excessive use of controlled substances, other	1416
habit-forming drugs, or alcohol or other chemical substances to an	1417
extent that impairs the individual's ability to provide safe	1418
nursing care or safe dialysis care;	1419

(10) Impairment of the ability to practice according to	1420
acceptable and prevailing standards of safe nursing care or safe	1421
dialysis care because of the use of drugs, alcohol, or other	1422
chemical substances;	1423

(11) Impairment of the ability to practice according to	1424
acceptable and prevailing standards of safe nursing care or safe	1425
dialysis care because of a physical or mental disability;	1426

(12) Assaulting or causing harm to a patient or depriving a	1427
patient of the means to summon assistance;	1428

(13) Misappropriation or attempted misappropriation of money	1429
or anything of value in the course of practice;	1430

(14) Adjudication by a probate court of being mentally ill or	1431
mentally incompetent. The board may reinstate the person's nursing	1432
license or dialysis technician certificate upon adjudication by a	1433
probate court of the person's restoration to competency or upon	1434
submission to the board of other proof of competency.	1435

(15) The suspension or termination of employment by the	1436
department of defense or the veterans administration of the United	1437
States for any act that violates or would violate this chapter;	1438

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

1439

(17) Violation of any restrictions placed by the board on a	1440
nursing license or dialysis technician certificate;	1441

(18) Failure to use universal and standard precautions	1442
established by rules adopted under section 4723.07 of the Revised	1443
Code;	1444

(19) Failure to practice in accordance with acceptable and	1445
prevailing standards of safe nursing care or safe dialysis care;	1446

(20) In the case of a registered nurse, engaging in	1447
activities that exceed the practice of nursing as a registered	1448
nurse;	1449

(21) In the case of a licensed practical nurse, engaging in	1450
activities that exceed the practice of nursing as a licensed	1451
practical nurse;	1452

(22) In the case of a dialysis technician, engaging in	1453
activities that exceed those permitted under section 4723.72 of	1454
the Revised Code;	1455

(23) Aiding and abetting a person in that person's practice	1456
of nursing without a license or practice as a dialysis technician	1457
without a certificate issued under this chapter;	1458

(24) In the case of a certified registered nurse anesthetist,	1459
clinical nurse specialist, certified nurse-midwife, or certified	1460
nurse practitioner, except as provided in division (M) of this	1461
section, either of the following:	1462

(a) Waiving the payment of all or any part of a deductible or	1463
copayment that a patient, pursuant to a health insurance or health	1464
care policy, contract, or plan that covers such nursing services,	1465
would otherwise be required to pay if the waiver is used as an	1466
enticement to a patient or group of patients to receive health	1467
care services from that provider;	1468

(b) Advertising that the nurse will waive the payment of all	1469
or any part of a deductible or copayment that a patient, pursuant	1470
to a health insurance or health care policy, contract, or plan	1471
that covers such nursing services, would otherwise be required to	1472
pay.	1473

(25) Failure to comply with the terms and conditions of	1474
participation in the chemical dependency monitoring program	1475
established under section 4723.35 of the Revised Code;	1476

(26) Failure to comply with the terms and conditions required	1477
under the practice intervention and improvement program	1478
established under section 4723.282 of the Revised Code;	1479

(27) In the case of a certified registered nurse anesthetist,	1480
clinical nurse specialist, certified nurse-midwife, or certified	1481
nurse practitioner:	1482

(a) Engaging in activities that exceed those permitted for	1483
the nurse's nursing specialty under section 4723.43 of the Revised	1484
Code;	1485

(b) Failure to meet the quality assurance standards	1486
established under section 4723.07 of the Revised Code.	1487

(28) In the case of a clinical nurse specialist, certified	1488
nurse-midwife, or certified nurse practitioner, failure to	1489
maintain a standard care arrangement in accordance with section	1490
4723.431 of the Revised Code or to practice in accordance with the	1491
standard care arrangement;	1492

(29) In the case of a clinical nurse specialist, certified	1493
nurse-midwife, or certified nurse practitioner who holds a	1494
certificate to prescribe issued under section 4723.48 of the	1495
Revised Code, failure to prescribe drugs and therapeutic devices	1496
in accordance with section 4723.481 of the Revised Code;	1497

(30) Prescribing any drug or device to perform or induce an	1498
abortion, or otherwise performing or inducing an abortion;	1499

(31) Failure to establish and maintain professional	1500
boundaries with a patient, as specified in rules adopted under	1501
section 4723.07 of the Revised Code;	1502

(32) Regardless of whether the contact or verbal behavior is	1503
consensual, engaging with a patient other than the spouse of the	1504
registered nurse, licensed practical nurse, or dialysis technician	1505
in any of the following:	1506

(a) Sexual contact, as defined in section 2907.01 of the	1507
Revised Code;	1508

(b) Verbal behavior that is sexually demeaning to the patient	1509
or may be reasonably interpreted by the patient as sexually	1510
demeaning.	1511

(33) Assisting suicide, as defined in section 3795.01 of the	1512
Revised Code;	1513

(34) Failure to comply with the requirements in section	1514
3719.061 of the Revised Code before issuing tofor a minor a	1515
prescription for ~~a controlled substance containing~~ an opioid	1516
analgesic, as defined in section 3719.01 of the Revised Code.	1517

(C) Disciplinary actions taken by the board under divisions	1518
(A) and (B) of this section shall be taken pursuant to an	1519
adjudication conducted under Chapter 119. of the Revised Code,	1520
except that in lieu of a hearing, the board may enter into a	1521
consent agreement with an individual to resolve an allegation of a	1522
violation of this chapter or any rule adopted under it. A consent	1523
agreement, when ratified by a vote of a quorum, shall constitute	1524
the findings and order of the board with respect to the matter	1525
addressed in the agreement. If the board refuses to ratify a	1526
consent agreement, the admissions and findings contained in the	1527
agreement shall be of no effect.	1528

(D) The hearings of the board shall be conducted in	1529
accordance with Chapter 119. of the Revised Code, the board may	1530
appoint a hearing examiner, as provided in section 119.09 of the	1531
Revised Code, to conduct any hearing the board is authorized to	1532
hold under Chapter 119. of the Revised Code.	1533

In any instance in which the board is required under Chapter	1534
119. of the Revised Code to give notice of an opportunity for a	1535
hearing and the applicant, licensee, or certificate holder does	1536
not make a timely request for a hearing in accordance with section	1537
119.07 of the Revised Code, the board is not required to hold a	1538
hearing, but may adopt, by a vote of a quorum, a final order that	1539
contains the board's findings. In the final order, the board may	1540
order any of the sanctions listed in division (A) or (B) of this	1541
section.	1542

(E) If a criminal action is brought against a registered	1543
nurse, licensed practical nurse, or dialysis technician for an act	1544
or crime described in divisions (B)(3) to (7) of this section and	1545
the action is dismissed by the trial court other than on the	1546
merits, the board shall conduct an adjudication to determine	1547
whether the registered nurse, licensed practical nurse, or	1548
dialysis technician committed the act on which the action was	1549
based. If the board determines on the basis of the adjudication	1550
that the registered nurse, licensed practical nurse, or dialysis	1551
technician committed the act, or if the registered nurse, licensed	1552
practical nurse, or dialysis technician fails to participate in	1553
the adjudication, the board may take action as though the	1554
registered nurse, licensed practical nurse, or dialysis technician	1555
had been convicted of the act.	1556

If the board takes action on the basis of a conviction, plea,	1557
or a judicial finding as described in divisions (B)(3) to (7) of	1558
this section that is overturned on appeal, the registered nurse,	1559
licensed practical nurse, or dialysis technician may, on	1560
exhaustion of the appeal process, petition the board for	1561
reconsideration of its action. On receipt of the petition and	1562
supporting court documents, the board shall temporarily rescind	1563
its action. If the board determines that the decision on appeal	1564
was a decision on the merits, it shall permanently rescind its	1565
action. If the board determines that the decision on appeal was	1566
not a decision on the merits, it shall conduct an adjudication to	1567
determine whether the registered nurse, licensed practical nurse,	1568
or dialysis technician committed the act on which the original	1569
conviction, plea, or judicial finding was based. If the board	1570
determines on the basis of the adjudication that the registered	1571
nurse, licensed practical nurse, or dialysis technician committed	1572
such act, or if the registered nurse, licensed practical nurse, or	1573
dialysis technician does not request an adjudication, the board	1574
shall reinstate its action; otherwise, the board shall permanently	1575
rescind its action.	1576

Notwithstanding the provision of division (C)(2) of section	1577
2953.32 of the Revised Code specifying that if records pertaining	1578
to a criminal case are sealed under that section the proceedings	1579
in the case shall be deemed not to have occurred, sealing of the	1580
following records on which the board has based an action under	1581
this section shall have no effect on the board's action or any	1582
sanction imposed by the board under this section: records of any	1583
conviction, guilty plea, judicial finding of guilt resulting from	1584
a plea of no contest, or a judicial finding of eligibility for a	1585
pretrial diversion program or intervention in lieu of conviction.	1586

The board shall not be required to seal, destroy, redact, or	1587
otherwise modify its records to reflect the court's sealing of	1588
conviction records.	1589

(F) The board may investigate an individual's criminal	1590
background in performing its duties under this section. As part of	1591
such investigation, the board may order the individual to submit,	1592
at the individual's expense, a request to the bureau of criminal	1593
identification and investigation for a criminal records check and	1594
check of federal bureau of investigation records in accordance	1595
with the procedure described in section 4723.091 of the Revised	1596
Code.	1597

(G) During the course of an investigation conducted under	1598
this section, the board may compel any registered nurse, licensed	1599
practical nurse, or dialysis technician or applicant under this	1600
chapter to submit to a mental or physical examination, or both, as	1601
required by the board and at the expense of the individual, if the	1602
board finds reason to believe that the individual under	1603
investigation may have a physical or mental impairment that may	1604
affect the individual's ability to provide safe nursing care.	1605
Failure of any individual to submit to a mental or physical	1606
examination when directed constitutes an admission of the	1607
allegations, unless the failure is due to circumstances beyond the	1608
individual's control, and a default and final order may be entered	1609
without the taking of testimony or presentation of evidence.	1610

If the board finds that an individual is impaired, the board	1611
shall require the individual to submit to care, counseling, or	1612
treatment approved or designated by the board, as a condition for	1613
initial, continued, reinstated, or renewed authority to practice.	1614
The individual shall be afforded an opportunity to demonstrate to	1615
the board that the individual can begin or resume the individual's	1616
occupation in compliance with acceptable and prevailing standards	1617
of care under the provisions of the individual's authority to	1618
practice.	1619

For purposes of this division, any registered nurse, licensed	1620
practical nurse, or dialysis technician or applicant under this	1621
chapter shall be deemed to have given consent to submit to a	1622
mental or physical examination when directed to do so in writing	1623
by the board, and to have waived all objections to the	1624
admissibility of testimony or examination reports that constitute	1625
a privileged communication.	1626

(H) The board shall investigate evidence that appears to show	1627
that any person has violated any provision of this chapter or any	1628
rule of the board. Any person may report to the board any	1629
information the person may have that appears to show a violation	1630
of any provision of this chapter or rule of the board. In the	1631
absence of bad faith, any person who reports such information or	1632
who testifies before the board in any adjudication conducted under	1633
Chapter 119. of the Revised Code shall not be liable for civil	1634
damages as a result of the report or testimony.	1635

(I) All of the following apply under this chapter with	1636
respect to the confidentiality of information:	1637

(1) Information received by the board pursuant to a complaint	1638
or an investigation is confidential and not subject to discovery	1639
in any civil action, except that the board may disclose	1640
information to law enforcement officers and government entities	1641
for purposes of an investigation of either a licensed health care	1642
professional, including a registered nurse, licensed practical	1643
nurse, or dialysis technician, or a person who may have engaged in	1644
the unauthorized practice of nursing or dialysis care. No law	1645
enforcement officer or government entity with knowledge of any	1646
information disclosed by the board pursuant to this division shall	1647
divulge the information to any other person or government entity	1648
except for the purpose of a government investigation, a	1649
prosecution, or an adjudication by a court or government entity.	1650

(2) If an investigation requires a review of patient records,	1651
the investigation and proceeding shall be conducted in such a	1652
manner as to protect patient confidentiality.	1653

(3) All adjudications and investigations of the board shall	1654
be considered civil actions for the purposes of section 2305.252	1655
of the Revised Code.	1656

(4) Any board activity that involves continued monitoring of	1657
an individual as part of or following any disciplinary action	1658
taken under this section shall be conducted in a manner that	1659
maintains the individual's confidentiality. Information received	1660
or maintained by the board with respect to the board's monitoring	1661
activities is not subject to discovery in any civil action and is	1662
confidential, except that the board may disclose information to	1663
law enforcement officers and government entities for purposes of	1664
an investigation of a licensee or certificate holder.	1665

(J) Any action taken by the board under this section	1666
resulting in a suspension from practice shall be accompanied by a	1667
written statement of the conditions under which the person may be	1668
reinstated to practice.	1669

(K) When the board refuses to grant a license or certificate	1670
to an applicant, revokes a license or certificate, or refuses to	1671
reinstate a license or certificate, the board may specify that its	1672
action is permanent. An individual subject to permanent action	1673
taken by the board is forever ineligible to hold a license or	1674
certificate of the type that was refused or revoked and the board	1675
shall not accept from the individual an application for	1676
reinstatement of the license or certificate or for a new license	1677
or certificate.	1678

(L) No unilateral surrender of a nursing license, certificate	1679
of authority, or dialysis technician certificate issued under this	1680
chapter shall be effective unless accepted by majority vote of the	1681
board. No application for a nursing license, certificate of	1682
authority, or dialysis technician certificate issued under this	1683
chapter may be withdrawn without a majority vote of the board. The	1684
board's jurisdiction to take disciplinary action under this	1685
section is not removed or limited when an individual has a license	1686
or certificate classified as inactive or fails to renew a license	1687
or certificate.	1688

(M) Sanctions shall not be imposed under division (B)(24) of	1689
this section against any licensee who waives deductibles and	1690
copayments as follows:	1691

(1) In compliance with the health benefit plan that expressly	1692
allows such a practice. Waiver of the deductibles or copayments	1693
shall be made only with the full knowledge and consent of the plan	1694
purchaser, payer, and third-party administrator. Documentation of	1695
the consent shall be made available to the board upon request.	1696

(2) For professional services rendered to any other person	1697
licensed pursuant to this chapter to the extent allowed by this	1698
chapter and the rules of the board.	1699

Sec. 4723.481. This section establishes standards and	1700
conditions regarding the authority of a clinical nurse specialist,	1701
certified nurse-midwife, or certified nurse practitioner to	1702
prescribe drugs and therapeutic devices under a certificate to	1703
prescribe issued under section 4723.48 of the Revised Code.	1704

(A) A clinical nurse specialist, certified nurse-midwife, or	1705
certified nurse practitioner shall not prescribe any drug or	1706
therapeutic device that is not included in the types of drugs and	1707
devices listed on the formulary established in rules adopted under	1708
section 4723.50 of the Revised Code.	1709

(B) The prescriptive authority of a clinical nurse	1710
specialist, certified nurse-midwife, or certified nurse	1711
practitioner shall not exceed the prescriptive authority of the	1712
collaborating physician or podiatrist, including the collaborating	1713
physician's authority to treat chronic pain with controlled	1714
substances and products containing tramadol as described in	1715
section 4731.052 of the Revised Code.	1716

(C)(1) Except as provided in division (C)(2) or (3) of this	1717
section, a clinical nurse specialist, certified nurse-midwife, or	1718
certified nurse practitioner may prescribe to a patient a schedule	1719
II controlled substance only if all of the following are the case:	1720

(a) The patient has a terminal condition, as defined in	1721
section 2133.01 of the Revised Code.	1722

(b) The collaborating physician of the clinical nurse	1723
specialist, certified nurse-midwife, or certified nurse	1724
practitioner initially prescribed the substance for the patient.	1725

(c) The prescription is for an amount that does not exceed	1726
the amount necessary for the patient's use in a single,	1727
twenty-four-hour period.	1728

(2) The restrictions on prescriptive authority in division	1729
(C)(1) of this section do not apply if a clinical nurse	1730
specialist, certified nurse-midwife, or certified nurse	1731
practitioner issues the prescription to the patient from any of	1732
the following locations:	1733

(a) A hospital registered under section 3701.07 of the	1734
Revised Code;	1735

(b) An entity owned or controlled, in whole or in part, by a	1736
hospital or by an entity that owns or controls, in whole or in	1737
part, one or more hospitals;	1738

(c) A health care facility operated by the department of	1739
mental health and addiction services or the department of	1740
developmental disabilities;	1741

(d) A nursing home licensed under section 3721.02 of the	1742
Revised Code or by a political subdivision certified under section	1743
3721.09 of the Revised Code;	1744

(e) A county home or district home operated under Chapter	1745
5155. of the Revised Code that is certified under the medicare or	1746
medicaid program;	1747

(f) A hospice care program, as defined in section 3712.01 of	1748
the Revised Code;	1749

(g) A community mental health services provider, as defined	1750
in section 5122.01 of the Revised Code;	1751

(h) An ambulatory surgical facility, as defined in section	1752
3702.30 of the Revised Code;	1753

(i) A freestanding birthing center, as defined in section	1754
3702.141 of the Revised Code;	1755

(j) A federally qualified health center, as defined in	1756
section 3701.047 of the Revised Code;	1757

(k) A federally qualified health center look-alike, as	1758
defined in section 3701.047 of the Revised Code;	1759

(l) A health care office or facility operated by the board of	1760
health of a city or general health district or the authority	1761
having the duties of a board of health under section 3709.05 of	1762
the Revised Code;	1763

(m) A site where a medical practice is operated, but only if	1764
the practice is comprised of one or more physicians who also are	1765
owners of the practice; the practice is organized to provide	1766
direct patient care; and the clinical nurse specialist, certified	1767
nurse-midwife, or certified nurse practitioner providing services	1768
at the site has a standard care arrangement and collaborates with	1769
at least one of the physician owners who practices primarily at	1770
that site.	1771

(3) A clinical nurse specialist, certified nurse-midwife, or	1772
certified nurse practitioner shall not issue to a patient a	1773
prescription for a schedule II controlled substance from a	1774
convenience care clinic even if the clinic is owned or operated by	1775
an entity specified in division (C)(2) of this section.	1776

(D) A pharmacist who acts in good faith reliance on a	1777
prescription issued by a clinical nurse specialist, certified	1778
nurse-midwife, or certified nurse practitioner under division	1779
(C)(2) of this section is not liable for or subject to any of the	1780
following for relying on the prescription: damages in any civil	1781
action, prosecution in any criminal proceeding, or professional	1782
disciplinary action by the state board of pharmacy under Chapter	1783
4729. of the Revised Code.	1784

(E) A clinical nurse specialist, certified nurse-midwife, or	1785
certified nurse practitioner may personally furnish to a patient a	1786
sample of any drug or therapeutic device included in the types of	1787
drugs and devices listed on the formulary, except that all of the	1788
following conditions apply:	1789

(1) The amount of the sample furnished shall not exceed a	1790
seventy-two-hour supply, except when the minimum available	1791
quantity of the sample is packaged in an amount that is greater	1792
than a seventy-two-hour supply, in which case the packaged amount	1793
may be furnished.	1794

(2) No charge may be imposed for the sample or for furnishing	1795
it.	1796

(3) Samples of controlled substances may not be personally	1797
furnished.	1798

(F) A clinical nurse specialist, certified nurse-midwife, or	1799
certified nurse practitioner may personally furnish to a patient a	1800
complete or partial supply of a drug or therapeutic device	1801
included in the types of drugs and devices listed on the	1802
formulary, except that all of the following conditions apply:	1803

(1) The clinical nurse specialist, certified nurse-midwife,	1804
or certified nurse practitioner shall personally furnish only	1805
antibiotics, antifungals, scabicides, contraceptives, prenatal	1806
vitamins, antihypertensives, drugs and devices used in the	1807
treatment of diabetes, drugs and devices used in the treatment of	1808
asthma, and drugs used in the treatment of dyslipidemia.	1809

(2) The clinical nurse specialist, certified nurse-midwife,	1810
or certified nurse practitioner shall not furnish the drugs and	1811
devices in locations other than a health department operated by	1812
the board of health of a city or general health district or the	1813
authority having the duties of a board of health under section	1814
3709.05 of the Revised Code, a federally funded comprehensive	1815
primary care clinic, or a nonprofit health care clinic or program.	1816

(3) The clinical nurse specialist, certified nurse-midwife,	1817
or certified nurse practitioner shall comply with all safety	1818
standards for personally furnishing supplies of drugs and devices,	1819
as established in rules adopted under section 4723.50 of the	1820
Revised Code.	1821

(G) A clinical nurse specialist, certified nurse-midwife, or	1822
certified nurse practitioner shall comply with section 3719.061 of	1823
the Revised Code if the nurse prescribes for a minor, as defined	1824
in that section, ~~a compound that is a controlled substance~~	1825
~~containing~~ an opioid analgesic, as defined in section 3719.01 of	1826
the Revised Code.	1827

Sec. 4723.486. (A) A certificate to prescribe issued under	1828
section 4723.48 of the Revised Code that is not issued as an	1829
externship certificate is valid for two years, unless otherwise	1830
provided in rules adopted under section 4723.50 of the Revised	1831
Code or earlier suspended or revoked by the board. The board of	1832
nursing shall renew certificates to prescribe according to	1833
procedures and a renewal schedule established in rules adopted	1834
under section 4723.50 of the Revised Code.	1835

(B) Except as provided in division (C) of this section, the	1836
board may renew a certificate to prescribe if the holder submits	1837
to the board all of the following:	1838

(1) Evidence of having completed during the previous two	1839
years at least twelve hours of continuing education in advanced	1840
pharmacology, or, if the certificate has been held for less than a	1841
full renewal period, the number of hours required by the board in	1842
rules adopted under section 4723.50 of the Revised Code;	1843

(2) The fee required under section 4723.08 of the Revised	1844
Code for renewal of a certificate to prescribe;	1845

(3) Any additional information the board requires pursuant to	1846
rules adopted under section 4723.50 of the Revised Code.	1847

(C)(1) Except as provided in division (C)(2) of this section,	1848
in the case of a certificate holder seeking renewal who prescribes	1849
opioid analgesics or benzodiazepines, as defined in section	1850
3719.01 of the Revised Code, the holder shall certify to the board	1851
whether the holder has been granted access to the drug database	1852
established and maintained by the state board of pharmacy pursuant	1853
to section 4729.75 of the Revised Code.	1854

(2) The requirement in division (C)(1) of this section does	1855
not apply if ~~either~~any of the following is the case:	1856

(a) The state board of pharmacy notifies the board of nursing	1857
pursuant to section 4729.861 of the Revised Code that the	1858
certificate holder has been restricted from obtaining further	1859
information from the drug database.	1860

(b) The state board of pharmacy no longer maintains the drug	1861
database.	1862

(c) The certificate holder does not practice nursing in this	1863
state.	1864

(3) If a certificate holder certifies to the board of nursing	1865
that the holder has been granted access to the drug database and	1866
the board finds through an audit or other means that the holder	1867
has not been granted access, the board may take action under	1868
section 4723.28 of the Revised Code.	1869

(D) The continuing education in pharmacology required under	1870
division (B)(1) of this section must be received from an	1871
accredited institution recognized by the board. The hours of	1872
continuing education required are in addition to any other	1873
continuing education requirement that must be completed pursuant	1874
to this chapter.	1875

Sec. 4725.16. (A)(1) Each certificate of licensure, topical	1876
ocular pharmaceutical agents certificate, and therapeutic	1877
pharmaceutical agents certificate issued by the state board of	1878
optometry shall expire annually on the last day of December, and	1879
may be renewed in accordance with this section and the standard	1880
renewal procedure established under Chapter 4745. of the Revised	1881
Code.	1882

(2) An optometrist seeking to continue to practice optometry	1883
shall file with the board an application for license renewal. The	1884
application shall be in such form and require such pertinent	1885
professional biographical data as the board may require.	1886

(3)(a) Except as provided in division (A)(3)(b) of this	1887
section, in the case of an optometrist seeking renewal who holds a	1888
~~topical ocular~~therapeutic pharmaceutical agents certificate and	1889
who prescribes or personally furnishes analgesic controlled	1890
substances authorized pursuant to section 4725.091 of the Revised	1891
Code that are opioid analgesics ~~or benzodiazepines~~, as defined in	1892
section 3719.01 of the Revised Code, the optometrist shall certify	1893
to the board whether the optometrist has been granted access to	1894
the drug database established and maintained by the state board of	1895
pharmacy pursuant to section 4729.75 of the Revised Code.	1896

(b) The requirement in division (A)(3)(a) of this section	1897
does not apply if ~~either~~any of the following is the case:	1898

(i) The state board of pharmacy notifies the state board of	1899
optometry pursuant to section 4729.861 of the Revised Code that	1900
the certificate holder has been restricted from obtaining further	1901
information from the drug database.	1902

(ii) The state board of pharmacy no longer maintains the drug	1903
database.	1904

(iii) The certificate holder does not practice optometry in	1905
this state.	1906

(c) If an optometrist certifies to the state board of	1907
optometry that the optometrist has been granted access to the drug	1908
database and the board finds through an audit or other means that	1909
the optometrist has not been granted access, the board may take	1910
action under section 4725.19 of the Revised Code.	1911

(B) All licensed optometrists shall annually complete	1912
continuing education in subjects relating to the practice of	1913
optometry, to the end that the utilization and application of new	1914
techniques, scientific and clinical advances, and the achievements	1915
of research will assure comprehensive care to the public. The	1916
board shall prescribe by rule the continuing optometric education	1917
that licensed optometrists must complete. The length of study	1918
shall be twenty-five clock hours each year, including ten clock	1919
hours of instruction in pharmacology to be completed by all	1920
licensed optometrists.	1921

Unless the continuing education required under this division	1922
is waived or deferred under division (D) of this section, the	1923
continuing education must be completed during the twelve-month	1924
period beginning on the first day of October and ending on the	1925
last day of September. If the board receives notice from a	1926
continuing education program indicating that an optometrist	1927
completed the program after the last day of September, and the	1928
optometrist wants to use the continuing education completed after	1929
that day to renew the license that expires on the last day of	1930
December of that year, the optometrist shall pay the penalty	1931
specified under section 4725.34 of the Revised Code for late	1932
completion of continuing education.	1933

At least once annually, the board shall post on its web site	1934
and shall mail, or send by electronic mail, to each licensed	1935
optometrist a list of courses approved in accordance with	1936
standards prescribed by board rule. Upon the request of a licensed	1937
optometrist, the executive director of the board shall supply a	1938
list of additional courses that the board has approved subsequent	1939
to the most recent web site posting, electronic mail transmission,	1940
or mailing of the list of approved courses.	1941

(C)(1) Annually, not later than the first day of November,	1942
the board shall mail or send by electronic mail a notice regarding	1943
license renewal to each licensed optometrist who may be eligible	1944
for renewal. The notice shall be sent to the optometrist's most	1945
recent electronic mail or mailing address shown in the board's	1946
records. If the board knows that the optometrist has completed the	1947
required continuing optometric education for the year, the board	1948
may include with the notice an application for license renewal.	1949

(2) Filing a license renewal application with the board shall	1950
serve as notice by the optometrist that the continuing optometric	1951
education requirement has been successfully completed. If the	1952
board finds that an optometrist has not completed the required	1953
continuing optometric education, the board shall disapprove the	1954
optometrist's application. The board's disapproval of renewal is	1955
effective without a hearing, unless a hearing is requested	1956
pursuant to Chapter 119. of the Revised Code.	1957

(3) The board shall refuse to accept an application for	1958
renewal from any applicant whose license is not in good standing	1959
or who is under disciplinary review pursuant to section 4725.19 of	1960
the Revised Code.	1961

(4) Notice of an applicant's failure to qualify for renewal	1962
shall be served upon the applicant by mail. The notice shall be	1963
sent not later than the fifteenth day of November to the	1964
applicant's last address shown in the board's records.	1965

(D) In cases of certified illness or undue hardship, the	1966
board may waive or defer for up to twelve months the requirement	1967
of continuing optometric education, except that in such cases the	1968
board may not waive or defer the continuing education in	1969
pharmacology required to be completed by optometrists who hold	1970
topical ocular pharmaceutical agents certificates or therapeutic	1971
pharmaceutical agents certificates. The board shall waive the	1972
requirement of continuing optometric education for any optometrist	1973
who is serving on active duty in the armed forces of the United	1974
States or a reserve component of the armed forces of the United	1975
States, including the Ohio national guard or the national guard of	1976
any other state or who has received an initial certificate of	1977
licensure during the nine-month period which ended on the last day	1978
of September.	1979

(E) An optometrist whose renewal application has been	1980
approved may renew each certificate held by paying to the	1981
treasurer of state the fees for renewal specified under section	1982
4725.34 of the Revised Code. On payment of all applicable fees,	1983
the board shall issue a renewal of the optometrist's certificate	1984
of licensure, topical ocular pharmaceutical agents certificate,	1985
and therapeutic pharmaceutical agents certificate, as appropriate.	1986

(F) Not later than the fifteenth day of December, the board	1987
shall mail or send by electronic mail a second notice regarding	1988
license renewal to each licensed optometrist who may be eligible	1989
for renewal but did not respond to the notice sent under division	1990
(C)(1) of this section. The notice shall be sent to the	1991
optometrist's most recent electronic mail or mailing address shown	1992
in the board's records. If an optometrist fails to file a renewal	1993
application after the second notice is sent, the board shall send	1994
a third notice regarding license renewal prior to any action under	1995
division (I) of this section to classify the optometrist's	1996
certificates as delinquent.	1997

(G) The failure of an optometrist to apply for license	1998
renewal or the failure to pay the applicable annual renewal fees	1999
on or before the date of expiration, shall automatically work a	2000
forfeiture of the optometrist's authority to practice optometry in	2001
this state.	2002

(H) The board shall accept renewal applications and renewal	2003
fees that are submitted from the first day of January to the last	2004
day of April of the year next succeeding the date of expiration.	2005
An individual who submits such a late renewal application or fee	2006
shall pay the late renewal fee specified in section 4725.34 of the	2007
Revised Code.	2008

(I)(1) If the certificates issued by the board to an	2009
individual have expired and the individual has not filed a	2010
complete application during the late renewal period, the	2011
individual's certificates shall be classified in the board's	2012
records as delinquent.	2013

(2) Any optometrist subject to delinquent classification may	2014
submit a written application to the board for reinstatement. For	2015
reinstatement to occur, the applicant must meet all of the	2016
following conditions:	2017

(a) Submit to the board evidence of compliance with board	2018
rules requiring continuing optometric education in a sufficient	2019
number of hours to make up for any delinquent compliance;	2020

(b) Pay the renewal fees for the year in which application	2021
for reinstatement is made and the reinstatement fee specified	2022
under division (A)(8) of section 4725.34 of the Revised Code;	2023

(c) Pass all or part of the licensing examination accepted by	2024
the board under section 4725.11 of the Revised Code as the board	2025
considers appropriate to determine whether the application for	2026
reinstatement should be approved;	2027

(d) If the applicant has been practicing optometry in another	2028
state or country, submit evidence that the applicant's license to	2029
practice optometry in the other state or country is in good	2030
standing.	2031

(3) The board shall approve an application for reinstatement	2032
if the conditions specified in division (I)(2) of this section are	2033
met. An optometrist who receives reinstatement is subject to the	2034
continuing education requirements specified under division (B) of	2035
this section for the year in which reinstatement occurs.	2036

Sec. 4725.19. (A) In accordance with Chapter 119. of the	2037
Revised Code and by an affirmative vote of a majority of its	2038
members, the state board of optometry, for any of the reasons	2039
specified in division (B) of this section, shall refuse to grant a	2040
certificate of licensure to an applicant and may, with respect to	2041
a licensed optometrist, do one or more of the following:	2042

(1) Suspend the operation of any certificate of licensure,	2043
topical ocular pharmaceutical agents certificate, or therapeutic	2044
pharmaceutical agents certificate, or all certificates granted by	2045
it to the optometrist;	2046

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

2047

(3) Limit or otherwise place restrictions on any or all of	2048
the certificates;	2049

(4) Reprimand the optometrist;

2050

(5) Impose a monetary penalty. If the reason for which the	2051
board is imposing the penalty involves a criminal offense that	2052
carries a fine under the Revised Code, the penalty shall not	2053
exceed the maximum fine that may be imposed for the criminal	2054
offense. In any other case, the penalty imposed by the board shall	2055
not exceed five hundred dollars.	2056

(6) Require the optometrist to take corrective action	2057
courses.	2058

The amount and content of corrective action courses shall be	2059
established by the board in rules adopted under section 4725.09 of	2060
the Revised Code.	2061

(B) The sanctions specified in division (A) of this section	2062
may be taken by the board for any of the following reasons:	2063

(1) Committing fraud in passing the licensing examination or	2064
making false or purposely misleading statements in an application	2065
for a certificate of licensure;	2066

(2) Being at any time guilty of immorality, regardless of the	2067
jurisdiction in which the act was committed;	2068

(3) Being guilty of dishonesty or unprofessional conduct in	2069
the practice of optometry;	2070

(4) Being at any time guilty of a felony, regardless of the	2071
jurisdiction in which the act was committed;	2072

(5) Being at any time guilty of a misdemeanor committed in	2073
the course of practice, regardless of the jurisdiction in which	2074
the act was committed;	2075

(6) Violating the conditions of any limitation or other	2076
restriction placed by the board on any certificate issued by the	2077
board;	2078

(7) Engaging in the practice of optometry as provided in	2079
division (A)(1), (2), or (3) of section 4725.01 of the Revised	2080
Code when the certificate authorizing that practice is under	2081
suspension, in which case the board shall permanently revoke the	2082
certificate;	2083

(8) Being denied a license to practice optometry in another	2084
state or country or being subject to any other sanction by the	2085
optometric licensing authority of another state or country, other	2086
than sanctions imposed for the nonpayment of fees;	2087

(9) Departing from or failing to conform to acceptable and	2088
prevailing standards of care in the practice of optometry as	2089
followed by similar practitioners under the same or similar	2090
circumstances, regardless of whether actual injury to a patient is	2091
established;	2092

(10) Failing to maintain comprehensive patient records;

2093

(11) Advertising a price of optical accessories, eye	2094
examinations, or other products or services by any means that	2095
would deceive or mislead the public;	2096

(12) Being addicted to the use of alcohol, stimulants,	2097
narcotics, or any other substance which impairs the intellect and	2098
judgment to such an extent as to hinder or diminish the	2099
performance of the duties included in the person's practice of	2100
optometry;	2101

(13) Engaging in the practice of optometry as provided in	2102
division (A)(2) or (3) of section 4725.01 of the Revised Code	2103
without authority to do so or, if authorized, in a manner	2104
inconsistent with the authority granted;	2105

(14) Failing to make a report to the board as required by	2106
division (A) of section 4725.21 or section 4725.31 of the Revised	2107
Code;	2108

(15) Soliciting patients from door to door or establishing	2109
temporary offices, in which case the board shall suspend all	2110
certificates held by the optometrist;	2111

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

2112

(a) Waiving the payment of all or any part of a deductible or	2113
copayment that a patient, pursuant to a health insurance or health	2114
care policy, contract, or plan that covers optometric services,	2115
would otherwise be required to pay if the waiver is used as an	2116
enticement to a patient or group of patients to receive health	2117
care services from that optometrist.	2118

(b) Advertising that the optometrist will waive the payment	2119
of all or any part of a deductible or copayment that a patient,	2120
pursuant to a health insurance or health care policy, contract, or	2121
plan that covers optometric services, would otherwise be required	2122
to pay.	2123

(17) Failing to comply with the requirements in section	2124
3719.061 of the Revised Code before issuing tofor a minor a	2125
prescription for ~~a controlled substance containing~~an analgesic	2126
controlled substance authorized pursuant to section 4725.091 of	2127
the Revised Code that is an opioid analgesic, as defined in	2128
section 3719.01 of the Revised Code.	2129

(C) Any person who is the holder of a certificate of	2130
licensure, or who is an applicant for a certificate of licensure	2131
against whom is preferred any charges, shall be furnished by the	2132
board with a copy of the complaint and shall have a hearing before	2133
the board in accordance with Chapter 119. of the Revised Code.	2134

(D) Sanctions shall not be imposed under division (B)(16) of	2135
this section against any optometrist who waives deductibles and	2136
copayments:	2137

(1) In compliance with the health benefit plan that expressly	2138
allows such a practice. Waiver of the deductibles or copayments	2139
shall be made only with the full knowledge and consent of the plan	2140
purchaser, payer, and third-party administrator. Documentation of	2141
the consent shall be made available to the board upon request.	2142

(2) For professional services rendered to any other	2143
optometrist licensed by the board, to the extent allowed by	2144
sections 4725.01 to 4725.34 of the Revised Code and the rules of	2145
the board.	2146

Sec. 4729.12. An identification card issued by the state	2147
board of pharmacy under section 4729.08 of the Revised Code	2148
entitles the individual to whom it is issued to practice as a	2149
pharmacist or as a pharmacy intern in this state until the next	2150
annual renewal date.	2151

Identification cards shall be renewed annually on the	2152
fifteenth day of September, according to the standard renewal	2153
procedure of Chapter 4745. of the Revised Code.	2154

Each pharmacist and pharmacy intern shall carry the	2155
identification card or renewal identification card while engaged	2156
in the practice of pharmacy. The license shall be conspicuously	2157
exposed at the principal place where the pharmacist or pharmacy	2158
intern practices pharmacy.	2159

A pharmacist or pharmacy intern who desires to continue in	2160
the practice of pharmacy shall file with the board an application	2161
in such form and containing such data as the board may require for	2162
renewal of an identification card. AnIn the case of a pharmacist	2163
who dispenses or plans to dispense controlled substances in this	2164
state, the pharmacist shall certify, as part of the application,	2165
that the pharmacist has been granted access to the drug database	2166
established and maintained by the board pursuant to section	2167
4729.75 of the Revised Code, unless the board has restricted the	2168
pharmacist from obtaining further information from the database or	2169
the board no longer maintains the database. If the pharmacist	2170
certifies to the board that the applicant has been granted access	2171
to the drug database and the board finds through an audit or other	2172
means that the pharmacist has not been granted access, the board	2173
may take action under section 4729.16 of the Revised Code.	2174

An application filed under this section for renewal of an	2175
identification card may not be withdrawn without the approval of	2176
the board. If	2177

If the board finds that ~~the~~an applicant's identification	2178
card has not been revoked or placed under suspension and that the	2179
applicant has paid the renewal fee, has continued pharmacy	2180
education in accordance with the rules of the board, ~~has been~~	2181
~~granted access to the drug database established and maintained by~~	2182
~~the board pursuant to section 4729.75 of the Revised Code (unless~~	2183
~~the board has restricted the applicant from obtaining any further~~	2184
~~information from the database or the board no longer maintains the~~	2185
~~database),~~ and is entitled to continue in the practice of	2186
pharmacy, the board shall issue a renewal identification card to	2187
the applicant.	2188

When an identification card has lapsed for more than sixty	2189
days but application is made within three years after the	2190
expiration of the card, the applicant shall be issued a renewal	2191
identification card without further examination if the applicant	2192
meets the requirements of this section and pays the fee designated	2193
under division (A)(5) of section 4729.15 of the Revised Code.	2194

Sec. 4729.16. (A) The state board of pharmacy, after notice	2195
and hearing in accordance with Chapter 119. of the Revised Code,	2196
may revoke, suspend, limit, place on probation, or refuse to grant	2197
or renew an identification card, or may impose a monetary penalty	2198
or forfeiture not to exceed in severity any fine designated under	2199
the Revised Code for a similar offense, or in the case of a	2200
violation of a section of the Revised Code that does not bear a	2201
penalty, a monetary penalty or forfeiture of not more than five	2202
hundred dollars, if the board finds a pharmacist or pharmacy	2203
intern:	2204

(1) Guilty of a felony or gross immorality;

2205

(2) Guilty of dishonesty or unprofessional conduct in the	2206
practice of pharmacy;	2207

(3) Addicted to or abusing ~~liquor~~alcohol or drugs or	2208
impaired physically or mentally to such a degree as to render the	2209
pharmacist or pharmacy intern unfit to practice pharmacy;	2210

(4) Has been convicted of a misdemeanor related to, or	2211
committed in, the practice of pharmacy;	2212

(5) Guilty of willfully violating, conspiring to violate,	2213
attempting to violate, or aiding and abetting the violation of any	2214
of the provisions of this chapter, sections 3715.52 to 3715.72 of	2215
the Revised Code, Chapter 2925. or 3719. of the Revised Code, or	2216
any rule adopted by the board under those provisions;	2217

(6) Guilty of permitting anyone other than a pharmacist or	2218
pharmacy intern to practice pharmacy;	2219

(7) Guilty of knowingly lending the pharmacist's or pharmacy	2220
intern's name to an illegal practitioner of pharmacy or having	2221
professional connection with an illegal practitioner of pharmacy;	2222

(8) Guilty of dividing or agreeing to divide remuneration	2223
made in the practice of pharmacy with any other individual,	2224
including, but not limited to, any licensed health professional	2225
authorized to prescribe drugs or any owner, manager, or employee	2226
of a health care facility, residential care facility, or nursing	2227
home;	2228

(9) Has violated the terms of a consult agreement entered	2229
into pursuant to section 4729.39 of the Revised Code;	2230

(10) Has committed fraud, misrepresentation, or deception in	2231
applying for or securing a license or identification card issued	2232
by the board under this chapter or under Chapter 3715. or 3719. of	2233
the Revised Code.	2234

(B) Any individual whose identification card is revoked,	2235
suspended, or refused, shall return the identification card and	2236
license to the offices of the state board of pharmacy within ten	2237
days after receipt of notice of such action.	2238

2239

"Unprofessional conduct in the practice of pharmacy" includes	2240
any of the following:	2241

(1) Advertising or displaying signs that promote dangerous	2242
drugs to the public in a manner that is false or misleading;	2243

(2) Except as provided in section 4729.281 of the Revised	2244
Code, the sale of any drug for which a prescription is required,	2245
without having received a prescription for the drug;	2246

(3) Knowingly dispensing medication pursuant to false or	2247
forged prescriptions;	2248

(4) Knowingly failing to maintain complete and accurate	2249
records of all dangerous drugs received or dispensed in compliance	2250
with federal laws and regulations and state laws and rules;	2251

(5) Obtaining any remuneration by fraud, misrepresentation,	2252
or deception.	2253

(D) The board may suspend a license or identification card	2254
under division (B) of section 3719.121 of the Revised Code by	2255
utilizing a telephone conference call to review the allegations	2256
and take a vote.	2257

(E) If, pursuant to an adjudication under Chapter 119. of the	2258
Revised Code, the board has reasonable cause to believe that a	2259
pharmacist or pharmacy intern is physically or mentally impaired,	2260
the board may require the pharmacist or pharmacy intern to submit	2261
to a physical or mental examination, or both.	2262

Sec. 4729.18. The state board of pharmacy shall adopt rules	2263
in accordance with Chapter 119. of the Revised Code establishing	2264
standards for approving and designating physicians and facilities	2265
as treatment providers for pharmacists with substance abuse	2266
problems and shall approve and designate treatment providers in	2267
accordance with the rules. The rules shall include standards for	2268
both inpatient and outpatient treatment. The rules shall provide	2269
that to be approved, a treatment provider must be capable of	2270
making an initial examination to determine the type of treatment	2271
required for a pharmacist with substance abuse problems. Subject	2272
to the rules, the board shall review and approve treatment	2273
providers on a regular basis and may, at its discretion, withdraw	2274
or deny approval.	2275

An approved treatment provider shall:

2276

(A) Report to the board the name of any pharmacist suffering	2277
or showing evidence of suffering impairment by reason of being	2278
addicted to or abusing ~~liquor~~alcohol or drugs as described in	2279
division (A)(3) of section 4729.16 of the Revised Code who fails	2280
to comply within one week with a referral for examination;	2281

(B) Report to the board the name of any impaired pharmacist	2282
who fails to enter treatment within forty-eight hours following	2283
the provider's determination that the pharmacist needs treatment;	2284

(C) Require every pharmacist who enters treatment to agree to	2285
a treatment contract establishing the terms of treatment and	2286
aftercare, including any required supervision or restrictions of	2287
practice during treatment or aftercare;	2288

(D) Require a pharmacist to suspend practice on entering any	2289
required inpatient treatment;	2290

(E) Report to the board any failure by an impaired pharmacist	2291
to comply with the terms of the treatment contract during	2292
inpatient or outpatient treatment or aftercare;	2293

(F) Report to the board the resumption of practice of any	2294
impaired pharmacist before the treatment provider has made a clear	2295
determination that the pharmacist is capable of practicing	2296
according to acceptable and prevailing standards;	2297

(G) Require a pharmacist who resumes practice after	2298
completion of treatment to comply with an aftercare contract that	2299
meets the requirements of rules adopted by the board for approval	2300
of treatment providers;	2301

(H) Report to the board any pharmacist who suffers a relapse	2302
at any time during or following aftercare.	2303

Any pharmacist who enters into treatment by an approved	2304
treatment provider shall be deemed to have waived any	2305
confidentiality requirements that would otherwise prevent the	2306
treatment provider from making reports required under this	2307
section.	2308

In the absence of fraud or bad faith, no professional	2309
association of pharmacists licensed under this chapter that	2310
sponsors a committee or program to provide peer assistance to	2311
pharmacists with substance abuse problems, no representative or	2312
agent of such a committee or program, and no member of the state	2313
board of pharmacy shall be liable to any person for damages in a	2314
civil action by reason of actions taken to refer a pharmacist to a	2315
treatment provider designated by the board or actions or omissions	2316
of the provider in treating a pharmacist.	2317

In the absence of fraud or bad faith, no person who reports	2318
to the board a pharmacist with a suspected substance abuse problem	2319
shall be liable to any person for damages in a civil action as a	2320
result of the report.	2321

Sec. 4729.41. (A)(1) A pharmacist licensed under this chapter	2322
who meets the requirements of division (B) of this section, and a	2323
pharmacy intern licensed under this chapter who meets the	2324
requirements of division (B) of this section and is working under	2325
the direct supervision of a pharmacist who meets the requirements	2326
of that division, may do any of the following:	2327

(a) Administer immunizations for influenza to individuals	2328
~~fourteen~~who are seven years of age or older;	2329

(b) ~~Administer immunizations~~Only pursuant to a prescription,	2330
administer to individuals ~~eighteen~~who are seven years of age or	2331
older ~~for~~but not more than thirteen years of age any of the	2332
~~following:~~	2333

~~(i) Pneumonia;~~

2334

~~(ii) Tetanus;~~

2335

~~(iii) Hepatitis A;~~

2336

~~(iv) Hepatitis B;~~

2337

~~(v) Meningitis;~~

2338

~~(vi) Diphtheria;~~

2339

~~(vii) Pertussis.~~immunizations included in division (A)(2) of	2340
this section;	2341

(c) Administer to individuals ~~eighteen~~who are thirteen years	2342
of age or older any ~~other immunization listed~~of the	2343
immunizations included in ~~the rule~~division (A)(2) of this	2344
section.	2345

(2) A pharmacist or pharmacy intern may administer in	2346
accordance with divisions (A)(1)(b) and (c) of this section either	2347
of the following:	2348

(a) Any immunization that on the effective date of this	2349
amendment is included in either of the following immunization	2350
schedules recommended by the advisory committee on immunization	2351
practices of the centers for disease control and prevention in the	2352
United States department of health and human services:	2353

(i) The recommended immunization schedule for persons aged	2354
zero through eighteen years;	2355

(ii) The recommended adult immunization schedule.

2356

(b) Any other immunization specified in rules adopted under	2357
division (E)(1)(d) of this section.	2358

~~(2) A pharmacy intern licensed under this chapter who meets~~	2359
~~the requirements of division (B) of this section and is working~~	2360
~~under the direct supervision of a pharmacist who meets the~~	2361
~~requirements of that division may administer immunizations for~~	2362
~~influenza to individuals eighteen years of age or older.~~	2363

(3) As part of engaging in the administration of	2364
immunizations or supervising a pharmacy intern's administration of	2365
immunizations, a pharmacist may administer epinephrine or	2366
diphenhydramine, or both, to individuals in emergency situations	2367
resulting from adverse reactions to the immunizations administered	2368
by the pharmacist or pharmacy intern.	2369

(B) For a pharmacist or pharmacy intern to be authorized to	2370
engage in the administration of immunizations ~~as specified in~~	2371
pursuant to division (A) of this section, the pharmacist or	2372
pharmacy intern shall do all of the following:	2373

(1) Successfully complete a course in the administration of	2374
immunizations that has been approved by the state board of	2375
pharmacy as meeting the standards established for such courses by	2376
the centers for disease control and prevention ~~in the public~~	2377
~~health service of the United States department of health and human~~	2378
~~services~~;	2379

(2) Receive and maintain certification to perform basic	2380
life-support procedures by successfully completing a basic	2381
life-support training course certified by the American red cross	2382
or American heart association;	2383

(3) Practice in accordance with a definitive set of treatment	2384
guidelines specified in a protocol established by a physician and	2385
approved by the state board of pharmacy.	2386

(C) The protocol required by division (B)(3) of this section	2387
shall include provisions for implementation of the following	2388
requirements:	2389

(1) The pharmacist or pharmacy intern who administers an	2390
immunization shall observe the individual who receives the	2391
immunization to determine whether the individual has an adverse	2392
reaction to the immunization. The length of time and location of	2393
the observation shall comply with the standards specified in rules	2394
adopted by the state board of pharmacy under division (E) of this	2395
section for the approval of protocols. The protocol shall specify	2396
procedures to be followed by a pharmacist when administering	2397
epinephrine, diphenhydramine, or both, to an individual who has an	2398
adverse reaction to an immunization administered by the pharmacist	2399
or a pharmacy intern.	2400

(2) For each immunization administered to an individual by a	2401
pharmacist or pharmacy intern, other than an immunization for	2402
influenza administered to an individual eighteen years of age or	2403
older, the pharmacist or pharmacy intern shall notify the	2404
individual's family physician or, if the individual has no family	2405
physician, the board of health of the health district in which the	2406
individual resides or the authority having the duties of a board	2407
of health for that district under section 3709.05 of the Revised	2408
Code. The notice shall be given not later than thirty days after	2409
the immunization is administered.	2410

(3) For each immunization ~~for influenza~~ administered by a	2411
pharmacist or pharmacy intern to an individual ~~who is fourteen~~	2412
~~years of age or older but~~ younger than eighteen years of age	2413
pursuant to division (A)(1) of this section, the pharmacist or a	2414
pharmacy intern shall obtain permission from the individual's	2415
parent or legal guardian in accordance with the procedures	2416
specified in rules adopted under division (E) of this section.	2417

(D)(1) No pharmacist shall do either of the following:

2418

(a) Engage in the administration of immunizations unless the	2419
requirements of division (B) of this section have been met;	2420

(b) Delegate to any person the pharmacist's authority to	2421
engage in or supervise the administration of immunizations.	2422

(2) No pharmacy intern shall engage in the administration of	2423
immunizations ~~for influenza~~ unless the requirements of division	2424
(B) of this section have been met.	2425

(E)(1) The state board of pharmacy shall adopt rules to	2426
implement this section. The rules shall be adopted in accordance	2427
with Chapter 119. of the Revised Code and shall include the	2428
following:	2429

(a) Provisions for approval of courses in administration of	2430
immunizations;	2431

(b) Provisions for approval of protocols to be followed by	2432
pharmacists and pharmacy interns in engaging in the administration	2433
of immunizations, including protocols that contain provisions	2434
specifying the locations at which a pharmacist or pharmacy intern	2435
may engage in the administration of immunizations;	2436

(c) Procedures to be followed by pharmacists and pharmacy	2437
interns in obtaining from the individual's parent or legal	2438
guardian permission to administer ~~influenza~~ immunizations to an	2439
individual younger than eighteen years of age pursuant to division	2440
(A)(1)~~(a)~~ of this section;	2441

(d) ~~A list of~~Provisions specifying any immunizations that	2442
may be administered under division (A)~~(1)(c)~~(2)(b) of this	2443
section.	2444

(2) Prior to adopting rules regarding approval of protocols	2445
to be followed by pharmacists and pharmacy interns in engaging in	2446
the administration of immunizations, the state board of pharmacy	2447
shall consult with the state medical board and the board of	2448
nursing.	2449

(3) Prior to adopting ~~a rule listing~~rules specifying any	2450
immunizations that may be administered under division	2451
(A)~~(1)(c)~~(2)(b) of this section, the state board of pharmacy shall	2452
consult with the state medical board.	2453

(F) In addition to the rules it adopts under division (E) of	2454
this section, the board may adopt rules that change the	2455
immunizations authorized by division (A)(2)(a) of this section to	2456
reflect changes in the recommendations of the advisory committee	2457
on immunization practices. The rules shall be adopted in	2458
accordance with Chapter 119 of the Revised Code.	2459

Sec. 4729.85. ~~(A)~~ If the state board of pharmacy establishes	2460
and maintains a drug database pursuant to section 4729.75 of the	2461
Revised Code, the board shall prepare reports regarding the	2462
database and present or submit them in accordance with both of the	2463
following:	2464

(A) The board shall present a biennial report to the standing	2465
committees of the house of representatives and the senate that are	2466
primarily responsible for considering health and human services	2467
issues. ~~The initial report shall be presented not later than two~~	2468
~~years after the database is established.~~	2469

~~(B)~~ Each report ~~presented under this section~~ shall include	2470
all of the following:	2471

(1) The cost to the state of establishing and maintaining the	2472
database;	2473

(2) Information from terminal distributors of dangerous	2474
drugs, prescribers, and the board regarding the board's	2475
effectiveness in providing information from the database;	2476

(3) The board's timeliness in transmitting information from	2477
the database.	2478

(B) The board shall submit a semiannual report to the	2479
governor, the president of the senate, the speaker of the house of	2480
representatives, the attorney general, the chairpersons of the	2481
standing committees of the house of representatives and the senate	2482
that are primarily responsible for considering health and human	2483
services issues, the department of public safety, the state dental	2484
board, the board of nursing, the state board of optometry, the	2485
state medical board, and the state veterinary medical licensing	2486
board. The state board of pharmacy shall make the report available	2487
to the public on its internet web site. Each report submitted	2488
shall include all of the following for the period covered by the	2489
report:	2490

(1) An aggregate of the information submitted to the board	2491
under section 4729.77 of the Revised Code regarding prescriptions	2492
for controlled substances containing opioids, including all of the	2493
following:	2494

(a) The number of prescribers who issued the prescriptions;

2495

(b) The number of patients to whom the controlled substances	2496
were dispensed;	2497

(c) The average quantity of the controlled substances	2498
dispensed per prescription;	2499

(d) The average daily morphine equivalent dose of the	2500
controlled substances dispensed per prescription.	2501

(2) An aggregate of the information submitted to the board	2502
under section 4729.79 of the Revised Code regarding controlled	2503
substances containing opioids that have been personally furnished	2504
to a patient by a prescriber, other than a prescriber who is a	2505
veterinarian, including all of the following:	2506

(a) The number of prescribers who personally furnished the	2507
controlled substances;	2508

(b) The number of patients to whom the controlled substances	2509
were personally furnished;	2510

(c) The average quantity of the controlled substances that	2511
were furnished at one time;	2512

(d) The average daily morphine equivalent dose of the	2513
controlled substances that were furnished at one time.	2514

Sec. 4729.86. If the state board of pharmacy establishes and	2515
maintains a drug database pursuant to section 4729.75 of the	2516
Revised Code, all of the following apply:	2517

(A)(1) No person identified in divisions (A)(1) to (12) or	2518
(B) of section 4729.80 of the Revised Code shall disseminate any	2519
written or electronic information the person receives from the	2520
drug database or otherwise provide another person access to the	2521
information that the person receives from the database, except as	2522
follows:	2523

(a) When necessary in the investigation or prosecution of a	2524
possible or alleged criminal offense;	2525

(b) When a person provides the information to the prescriber	2526
or pharmacist for whom the person is approved by the board to	2527
serve as a delegate of the prescriber or pharmacist for purposes	2528
of requesting and receiving information from the drug database	2529
under division (A)(5) or (6) of section 4729.80 of the Revised	2530
Code;	2531

(c) When a prescriber or pharmacist provides the information	2532
to a person who is approved by the board to serve as such a	2533
delegate of the prescriber or pharmacist;	2534

(d) When a prescriber or pharmacist provides the information	2535
to a patient or patient's personal representative;	2536

(e) When a prescriber or pharmacist includes the information	2537
in a medical record, as defined in section 3701.74 of the Revised	2538
Code.	2539

(2) No person shall provide false information to the state	2540
board of pharmacy with the intent to obtain or alter information	2541
contained in the drug database.	2542

(3) No person shall obtain drug database information by any	2543
means except as provided under section 4729.80 or 4729.81 of the	2544
Revised Code.	2545

(B) A person shall not use information obtained pursuant to	2546
division (A) of section 4729.80 of the Revised Code as evidence in	2547
any civil or administrative proceeding.	2548

(C)(1) Except as provided in division (C)(2) of this section,	2549
after providing notice and affording an opportunity for a hearing	2550
in accordance with Chapter 119. of the Revised Code, the board may	2551
restrict a person from obtaining further information from the drug	2552
database if any of the following is the case:	2553

(a) The person violates division (A)(1), (2), or (3) of this	2554
section;	2555

(b) The person is a requestor identified in division (A)(13)	2556
of section 4729.80 of the Revised Code and the board determines	2557
that the person's actions in another state would have constituted	2558
a violation of division (A)(1), (2), or (3) of this section;	2559

(c) The person fails to comply with division (B) of this	2560
section, regardless of the jurisdiction in which the failure to	2561
comply occurred;	2562

(d) The person creates, by clear and convincing evidence, a	2563
threat to the security of information contained in the database.	2564

(2) If the board determines that allegations regarding a	2565
person's actions warrant restricting the person from obtaining	2566
further information from the drug database without a prior	2567
hearing, the board may summarily impose the restriction. A	2568
telephone conference call may be used for reviewing the	2569
allegations and taking a vote on the summary restriction. The	2570
summary restriction shall remain in effect, unless removed by the	2571
board, until the board's final adjudication order becomes	2572
effective.	2573

(3) The board shall determine the extent to which the person	2574
is restricted from obtaining further information from the	2575
database.	2576

Sec. 4730.25. (A) The state medical board, by an affirmative	2577
vote of not fewer than six members, may revoke or may refuse to	2578
grant a certificate to practice as a physician assistant or a	2579
certificate to prescribe to a person found by the board to have	2580
committed fraud, misrepresentation, or deception in applying for	2581
or securing the certificate.	2582

(B) The board, by an affirmative vote of not fewer than six	2583
members, shall, to the extent permitted by law, limit, revoke, or	2584
suspend an individual's certificate to practice as a physician	2585
assistant or certificate to prescribe, refuse to issue a	2586
certificate to an applicant, refuse to reinstate a certificate, or	2587
reprimand or place on probation the holder of a certificate for	2588
any of the following reasons:	2589

(1) Failure to practice in accordance with the conditions	2590
under which the supervising physician's supervision agreement with	2591
the physician assistant was approved, including the requirement	2592
that when practicing under a particular supervising physician, the	2593
physician assistant must practice only according to the physician	2594
supervisory plan the board approved for that physician or the	2595
policies of the health care facility in which the supervising	2596
physician and physician assistant are practicing;	2597

(2) Failure to comply with the requirements of this chapter,	2598
Chapter 4731. of the Revised Code, or any rules adopted by the	2599
board;	2600

(3) Violating or attempting to violate, directly or	2601
indirectly, or assisting in or abetting the violation of, or	2602
conspiring to violate, any provision of this chapter, Chapter	2603
4731. of the Revised Code, or the rules adopted by the board;	2604

(4) Inability to practice according to acceptable and	2605
prevailing standards of care by reason of mental illness or	2606
physical illness, including physical deterioration that adversely	2607
affects cognitive, motor, or perceptive skills;	2608

(5) Impairment of ability to practice according to acceptable	2609
and prevailing standards of care because of habitual or excessive	2610
use or abuse of drugs, alcohol, or other substances that impair	2611
ability to practice;	2612

(6) Administering drugs for purposes other than those	2613
authorized under this chapter;	2614

(7) Willfully betraying a professional confidence;

2615

(8) Making a false, fraudulent, deceptive, or misleading	2616
statement in soliciting or advertising for employment as a	2617
physician assistant; in connection with any solicitation or	2618
advertisement for patients; in relation to the practice of	2619
medicine as it pertains to physician assistants; or in securing or	2620
attempting to secure a certificate to practice as a physician	2621
assistant, a certificate to prescribe, or approval of a	2622
supervision agreement.	2623

As used in this division, "false, fraudulent, deceptive, or	2624
misleading statement" means a statement that includes a	2625
misrepresentation of fact, is likely to mislead or deceive because	2626
of a failure to disclose material facts, is intended or is likely	2627
to create false or unjustified expectations of favorable results,	2628
or includes representations or implications that in reasonable	2629
probability will cause an ordinarily prudent person to	2630
misunderstand or be deceived.	2631

(9) Representing, with the purpose of obtaining compensation	2632
or other advantage personally or for any other person, that an	2633
incurable disease or injury, or other incurable condition, can be	2634
permanently cured;	2635

(10) The obtaining of, or attempting to obtain, money or	2636
anything of value by fraudulent misrepresentations in the course	2637
of practice;	2638

(11) A plea of guilty to, a judicial finding of guilt of, or	2639
a judicial finding of eligibility for intervention in lieu of	2640
conviction for, a felony;	2641

(12) Commission of an act that constitutes a felony in this	2642
state, regardless of the jurisdiction in which the act was	2643
committed;	2644

(13) A plea of guilty to, a judicial finding of guilt of, or	2645
a judicial finding of eligibility for intervention in lieu of	2646
conviction for, a misdemeanor committed in the course of practice;	2647

(14) A plea of guilty to, a judicial finding of guilt of, or	2648
a judicial finding of eligibility for intervention in lieu of	2649
conviction for, a misdemeanor involving moral turpitude;	2650

(15) Commission of an act in the course of practice that	2651
constitutes a misdemeanor in this state, regardless of the	2652
jurisdiction in which the act was committed;	2653

(16) Commission of an act involving moral turpitude that	2654
constitutes a misdemeanor in this state, regardless of the	2655
jurisdiction in which the act was committed;	2656

(17) A plea of guilty to, a judicial finding of guilt of, or	2657
a judicial finding of eligibility for intervention in lieu of	2658
conviction for violating any state or federal law regulating the	2659
possession, distribution, or use of any drug, including	2660
trafficking in drugs;	2661

(18) Any of the following actions taken by the state agency	2662
responsible for regulating the practice of physician assistants in	2663
another state, for any reason other than the nonpayment of fees:	2664
the limitation, revocation, or suspension of an individual's	2665
license to practice; acceptance of an individual's license	2666
surrender; denial of a license; refusal to renew or reinstate a	2667
license; imposition of probation; or issuance of an order of	2668
censure or other reprimand;	2669

(19) A departure from, or failure to conform to, minimal	2670
standards of care of similar physician assistants under the same	2671
or similar circumstances, regardless of whether actual injury to a	2672
patient is established;	2673

(20) Violation of the conditions placed by the board on a	2674
certificate to practice as a physician assistant, a certificate to	2675
prescribe, a physician supervisory plan, or supervision agreement;	2676

(21) Failure to use universal blood and body fluid	2677
precautions established by rules adopted under section 4731.051 of	2678
the Revised Code;	2679

(22) Failure to cooperate in an investigation conducted by	2680
the board under section 4730.26 of the Revised Code, including	2681
failure to comply with a subpoena or order issued by the board or	2682
failure to answer truthfully a question presented by the board at	2683
a deposition or in written interrogatories, except that failure to	2684
cooperate with an investigation shall not constitute grounds for	2685
discipline under this section if a court of competent jurisdiction	2686
has issued an order that either quashes a subpoena or permits the	2687
individual to withhold the testimony or evidence in issue;	2688

(23) Assisting suicide, as defined in section 3795.01 of the	2689
Revised Code;	2690

(24) Prescribing any drug or device to perform or induce an	2691
abortion, or otherwise performing or inducing an abortion;	2692

(25) Failure to comply with the requirements in section	2693
3719.061 of the Revised Code before issuing tofor a minor a	2694
prescription for ~~a controlled substance containing~~ an opioid	2695
analgesic, as defined in section 3719.01 of the Revised Code.	2696

(C) Disciplinary actions taken by the board under divisions	2697
(A) and (B) of this section shall be taken pursuant to an	2698
adjudication under Chapter 119. of the Revised Code, except that	2699
in lieu of an adjudication, the board may enter into a consent	2700
agreement with a physician assistant or applicant to resolve an	2701
allegation of a violation of this chapter or any rule adopted	2702
under it. A consent agreement, when ratified by an affirmative	2703
vote of not fewer than six members of the board, shall constitute	2704
the findings and order of the board with respect to the matter	2705
addressed in the agreement. If the board refuses to ratify a	2706
consent agreement, the admissions and findings contained in the	2707
consent agreement shall be of no force or effect.	2708

(D) For purposes of divisions (B)(12), (15), and (16) of this	2709
section, the commission of the act may be established by a finding	2710
by the board, pursuant to an adjudication under Chapter 119. of	2711
the Revised Code, that the applicant or certificate holder	2712
committed the act in question. The board shall have no	2713
jurisdiction under these divisions in cases where the trial court	2714
renders a final judgment in the certificate holder's favor and	2715
that judgment is based upon an adjudication on the merits. The	2716
board shall have jurisdiction under these divisions in cases where	2717
the trial court issues an order of dismissal upon technical or	2718
procedural grounds.	2719

(E) The sealing of conviction records by any court shall have	2720
no effect upon a prior board order entered under the provisions of	2721
this section or upon the board's jurisdiction to take action under	2722
the provisions of this section if, based upon a plea of guilty, a	2723
judicial finding of guilt, or a judicial finding of eligibility	2724
for intervention in lieu of conviction, the board issued a notice	2725
of opportunity for a hearing prior to the court's order to seal	2726
the records. The board shall not be required to seal, destroy,	2727
redact, or otherwise modify its records to reflect the court's	2728
sealing of conviction records.	2729

(F) For purposes of this division, any individual who holds a	2730
certificate issued under this chapter, or applies for a	2731
certificate issued under this chapter, shall be deemed to have	2732
given consent to submit to a mental or physical examination when	2733
directed to do so in writing by the board and to have waived all	2734
objections to the admissibility of testimony or examination	2735
reports that constitute a privileged communication.	2736

(1) In enforcing division (B)(4) of this section, the board,	2737
upon a showing of a possible violation, may compel any individual	2738
who holds a certificate issued under this chapter or who has	2739
applied for a certificate pursuant to this chapter to submit to a	2740
mental examination, physical examination, including an HIV test,	2741
or both a mental and physical examination. The expense of the	2742
examination is the responsibility of the individual compelled to	2743
be examined. Failure to submit to a mental or physical examination	2744
or consent to an HIV test ordered by the board constitutes an	2745
admission of the allegations against the individual unless the	2746
failure is due to circumstances beyond the individual's control,	2747
and a default and final order may be entered without the taking of	2748
testimony or presentation of evidence. If the board finds a	2749
physician assistant unable to practice because of the reasons set	2750
forth in division (B)(4) of this section, the board shall require	2751
the physician assistant to submit to care, counseling, or	2752
treatment by physicians approved or designated by the board, as a	2753
condition for an initial, continued, reinstated, or renewed	2754
certificate. An individual affected under this division shall be	2755
afforded an opportunity to demonstrate to the board the ability to	2756
resume practicing in compliance with acceptable and prevailing	2757
standards of care.	2758

(2) For purposes of division (B)(5) of this section, if the	2759
board has reason to believe that any individual who holds a	2760
certificate issued under this chapter or any applicant for a	2761
certificate suffers such impairment, the board may compel the	2762
individual to submit to a mental or physical examination, or both.	2763
The expense of the examination is the responsibility of the	2764
individual compelled to be examined. Any mental or physical	2765
examination required under this division shall be undertaken by a	2766
treatment provider or physician qualified to conduct such	2767
examination and chosen by the board.	2768

Failure to submit to a mental or physical examination ordered	2769
by the board constitutes an admission of the allegations against	2770
the individual unless the failure is due to circumstances beyond	2771
the individual's control, and a default and final order may be	2772
entered without the taking of testimony or presentation of	2773
evidence. If the board determines that the individual's ability to	2774
practice is impaired, the board shall suspend the individual's	2775
certificate or deny the individual's application and shall require	2776
the individual, as a condition for initial, continued, reinstated,	2777
or renewed certification to practice or prescribe, to submit to	2778
treatment.	2779

Before being eligible to apply for reinstatement of a	2780
certificate suspended under this division, the physician assistant	2781
shall demonstrate to the board the ability to resume practice or	2782
prescribing in compliance with acceptable and prevailing standards	2783
of care. The demonstration shall include the following:	2784

(a) Certification from a treatment provider approved under	2785
section 4731.25 of the Revised Code that the individual has	2786
successfully completed any required inpatient treatment;	2787

(b) Evidence of continuing full compliance with an aftercare	2788
contract or consent agreement;	2789

(c) Two written reports indicating that the individual's	2790
ability to practice has been assessed and that the individual has	2791
been found capable of practicing according to acceptable and	2792
prevailing standards of care. The reports shall be made by	2793
individuals or providers approved by the board for making such	2794
assessments and shall describe the basis for their determination.	2795

The board may reinstate a certificate suspended under this	2796
division after such demonstration and after the individual has	2797
entered into a written consent agreement.	2798

When the impaired physician assistant resumes practice or	2799
prescribing, the board shall require continued monitoring of the	2800
physician assistant. The monitoring shall include compliance with	2801
the written consent agreement entered into before reinstatement or	2802
with conditions imposed by board order after a hearing, and, upon	2803
termination of the consent agreement, submission to the board for	2804
at least two years of annual written progress reports made under	2805
penalty of falsification stating whether the physician assistant	2806
has maintained sobriety.	2807

(G) If the secretary and supervising member determine that	2808
there is clear and convincing evidence that a physician assistant	2809
has violated division (B) of this section and that the	2810
individual's continued practice or prescribing presents a danger	2811
of immediate and serious harm to the public, they may recommend	2812
that the board suspend the individual's certificate to practice or	2813
prescribe without a prior hearing. Written allegations shall be	2814
prepared for consideration by the board.	2815

The board, upon review of those allegations and by an	2816
affirmative vote of not fewer than six of its members, excluding	2817
the secretary and supervising member, may suspend a certificate	2818
without a prior hearing. A telephone conference call may be	2819
utilized for reviewing the allegations and taking the vote on the	2820
summary suspension.	2821

The board shall issue a written order of suspension by	2822
certified mail or in person in accordance with section 119.07 of	2823
the Revised Code. The order shall not be subject to suspension by	2824
the court during pendency of any appeal filed under section 119.12	2825
of the Revised Code. If the physician assistant requests an	2826
adjudicatory hearing by the board, the date set for the hearing	2827
shall be within fifteen days, but not earlier than seven days,	2828
after the physician assistant requests the hearing, unless	2829
otherwise agreed to by both the board and the certificate holder.	2830

A summary suspension imposed under this division shall remain	2831
in effect, unless reversed on appeal, until a final adjudicative	2832
order issued by the board pursuant to this section and Chapter	2833
119. of the Revised Code becomes effective. The board shall issue	2834
its final adjudicative order within sixty days after completion of	2835
its hearing. Failure to issue the order within sixty days shall	2836
result in dissolution of the summary suspension order, but shall	2837
not invalidate any subsequent, final adjudicative order.	2838

(H) If the board takes action under division (B)(11), (13),	2839
or (14) of this section, and the judicial finding of guilt, guilty	2840
plea, or judicial finding of eligibility for intervention in lieu	2841
of conviction is overturned on appeal, upon exhaustion of the	2842
criminal appeal, a petition for reconsideration of the order may	2843
be filed with the board along with appropriate court documents.	2844
Upon receipt of a petition and supporting court documents, the	2845
board shall reinstate the certificate to practice or prescribe.	2846
The board may then hold an adjudication under Chapter 119. of the	2847
Revised Code to determine whether the individual committed the act	2848
in question. Notice of opportunity for hearing shall be given in	2849
accordance with Chapter 119. of the Revised Code. If the board	2850
finds, pursuant to an adjudication held under this division, that	2851
the individual committed the act, or if no hearing is requested,	2852
it may order any of the sanctions identified under division (B) of	2853
this section.	2854

(I) The certificate to practice issued to a physician	2855
assistant and the physician assistant's practice in this state are	2856
automatically suspended as of the date the physician assistant	2857
pleads guilty to, is found by a judge or jury to be guilty of, or	2858
is subject to a judicial finding of eligibility for intervention	2859
in lieu of conviction in this state or treatment or intervention	2860
in lieu of conviction in another state for any of the following	2861
criminal offenses in this state or a substantially equivalent	2862
criminal offense in another jurisdiction: aggravated murder,	2863
murder, voluntary manslaughter, felonious assault, kidnapping,	2864
rape, sexual battery, gross sexual imposition, aggravated arson,	2865
aggravated robbery, or aggravated burglary. Continued practice	2866
after the suspension shall be considered practicing without a	2867
certificate.	2868

The board shall notify the individual subject to the	2869
suspension by certified mail or in person in accordance with	2870
section 119.07 of the Revised Code. If an individual whose	2871
certificate is suspended under this division fails to make a	2872
timely request for an adjudication under Chapter 119. of the	2873
Revised Code, the board shall enter a final order permanently	2874
revoking the individual's certificate to practice.	2875

(J) In any instance in which the board is required by Chapter	2876
119. of the Revised Code to give notice of opportunity for hearing	2877
and the individual subject to the notice does not timely request a	2878
hearing in accordance with section 119.07 of the Revised Code, the	2879
board is not required to hold a hearing, but may adopt, by an	2880
affirmative vote of not fewer than six of its members, a final	2881
order that contains the board's findings. In that final order, the	2882
board may order any of the sanctions identified under division (A)	2883
or (B) of this section.	2884

(K) Any action taken by the board under division (B) of this	2885
section resulting in a suspension shall be accompanied by a	2886
written statement of the conditions under which the physician	2887
assistant's certificate may be reinstated. The board shall adopt	2888
rules in accordance with Chapter 119. of the Revised Code	2889
governing conditions to be imposed for reinstatement.	2890
Reinstatement of a certificate suspended pursuant to division (B)	2891
of this section requires an affirmative vote of not fewer than six	2892
members of the board.	2893

(L) When the board refuses to grant to an applicant a	2894
certificate to practice as a physician assistant or a certificate	2895
to prescribe, revokes an individual's certificate, refuses to	2896
issue a certificate, or refuses to reinstate an individual's	2897
certificate, the board may specify that its action is permanent.	2898
An individual subject to a permanent action taken by the board is	2899
forever thereafter ineligible to hold the certificate and the	2900
board shall not accept an application for reinstatement of the	2901
certificate or for issuance of a new certificate.	2902

(M) Notwithstanding any other provision of the Revised Code,	2903
all of the following apply:	2904

(1) The surrender of a certificate issued under this chapter	2905
is not effective unless or until accepted by the board.	2906
Reinstatement of a certificate surrendered to the board requires	2907
an affirmative vote of not fewer than six members of the board.	2908

(2) An application made under this chapter for a certificate,	2909
approval of a physician supervisory plan, or approval of a	2910
supervision agreement may not be withdrawn without approval of the	2911
board.	2912

(3) Failure by an individual to renew a certificate in	2913
accordance with section 4730.14 or section 4730.48 of the Revised	2914
Code shall not remove or limit the board's jurisdiction to take	2915
disciplinary action under this section against the individual.	2916

Sec. 4730.41. (A) A certificate to prescribe issued under	2917
this chapter authorizes a physician assistant to prescribe and	2918
personally furnish drugs and therapeutic devices in the exercise	2919
of physician-delegated prescriptive authority.	2920

(B) In exercising physician-delegated prescriptive authority,	2921
a physician assistant is subject to all of the following:	2922

(1) The physician assistant shall exercise	2923
physician-delegated prescriptive authority only to the extent that	2924
the physician supervising the physician assistant has granted that	2925
authority.	2926

(2) The physician assistant shall comply with all conditions	2927
placed on the physician-delegated prescriptive authority, as	2928
specified by the supervising physician who is supervising the	2929
physician assistant in the exercise of physician-delegated	2930
prescriptive authority.	2931

(3) If the physician assistant possesses physician-delegated	2932
prescriptive authority for controlled substances, the physician	2933
assistant shall register with the federal drug enforcement	2934
administration.	2935

(4) If the physician assistant possesses physician-delegated	2936
prescriptive authority for schedule II controlled substances, the	2937
physician assistant shall comply with section 4730.411 of the	2938
Revised Code.	2939

(5) If the physician assistant possesses physician-delegated	2940
prescriptive authority to prescribe for a minor an opioid	2941
analgesic, as those terms are defined in ~~section~~sections	2942
3719.061 and 3719.01 of the Revised Code, ~~a compound that is a~~	2943
~~controlled substance containing an opioid~~respectively, the	2944
physician assistant shall comply with section 3719.061 of the	2945
Revised Code.	2946

Sec. 4730.48. (A)(1) Except in the case of a provisional	2947
certificate to prescribe, a physician assistant's certificate to	2948
prescribe expires on the same date as the physician assistant's	2949
certificate to practice as a physician assistant, as provided in	2950
section 4730.14 of the Revised Code. The certificate to prescribe	2951
may be renewed in accordance with this section.	2952

(2) A person seeking to renew a certificate to prescribe	2953
shall, on or before the thirty-first day of January of each	2954
even-numbered year, apply for renewal of the certificate. The	2955
state medical board shall send renewal notices at least one month	2956
prior to the expiration date. The notice may be sent as part of	2957
the notice sent for renewal of the certificate to practice.	2958

(3) Applications for renewal shall be submitted to the board	2959
on forms the board shall prescribe and furnish. An application for	2960
renewal of a certificate to prescribe may be submitted in	2961
conjunction with an application for renewal of a certificate to	2962
practice.	2963

(4)(a) Except as provided in division (A)(4)(b) of this	2964
section, in the case of an applicant who prescribes opioid	2965
analgesics or benzodiazepines, as defined in section 3719.01 of	2966
the Revised Code, the applicant shall certify to the board whether	2967
the applicant has been granted access to the drug database	2968
established and maintained by the state board of pharmacy pursuant	2969
to section 4729.75 of the Revised Code.	2970

(b) The requirement in division (A)(4)(a) of this section	2971
does not apply if ~~either~~any of the following is the case:	2972

(i) The state board of pharmacy notifies the state medical	2973
board pursuant to section 4729.861 of the Revised Code that the	2974
applicant has been restricted from obtaining further information	2975
from the drug database.	2976

(ii) The state board of pharmacy no longer maintains the drug	2977
database.	2978

(iii) The applicant does not practice as a physician	2979
assistant in this state.	2980

(c) If an applicant certifies to the state medical board that	2981
the applicant has been granted access to the drug database and the	2982
board finds through an audit or other means that the applicant has	2983
not been granted access, the board may take action under section	2984
4730.25 of the Revised Code.	2985

(5) Each application for renewal of a certificate to	2986
prescribe shall be accompanied by a biennial renewal fee of fifty	2987
dollars. The board shall deposit the fees in accordance with	2988
section 4731.24 of the Revised Code.	2989

(6) The applicant shall report any criminal offense that	2990
constitutes grounds under section 4730.25 of the Revised Code for	2991
refusing to issue a certificate to prescribe to which the	2992
applicant has pleaded guilty, of which the applicant has been	2993
found guilty, or for which the applicant has been found eligible	2994
for intervention in lieu of conviction, since last signing an	2995
application for a certificate to prescribe.	2996

(B) The board shall review all renewal applications received.	2997
If an applicant submits a complete renewal application and meets	2998
the requirements for renewal specified in section 4730.49 of the	2999
Revised Code, the board shall issue to the applicant a renewed	3000
certificate to prescribe.	3001

Sec. 4731.22. (A) The state medical board, by an affirmative	3002
vote of not fewer than six of its members, may limit, revoke, or	3003
suspend an individual's certificate to practice, refuse to grant a	3004
certificate to an individual, refuse to register an individual,	3005
refuse to reinstate a certificate, or reprimand or place on	3006
probation the holder of a certificate if the individual or	3007
certificate holder is found by the board to have committed fraud	3008
during the administration of the examination for a certificate to	3009
practice or to have committed fraud, misrepresentation, or	3010
deception in applying for or securing any certificate to practice	3011
or certificate of registration issued by the board.	3012

(B) The board, by an affirmative vote of not fewer than six	3013
members, shall, to the extent permitted by law, limit, revoke, or	3014
suspend an individual's certificate to practice, refuse to	3015
register an individual, refuse to reinstate a certificate, or	3016
reprimand or place on probation the holder of a certificate for	3017
one or more of the following reasons:	3018

(1) Permitting one's name or one's certificate to practice or	3019
certificate of registration to be used by a person, group, or	3020
corporation when the individual concerned is not actually	3021
directing the treatment given;	3022

(2) Failure to maintain minimal standards applicable to the	3023
selection or administration of drugs, or failure to employ	3024
acceptable scientific methods in the selection of drugs or other	3025
modalities for treatment of disease;	3026

(3) Selling, giving away, personally furnishing, prescribing,	3027
or administering drugs for other than legal and legitimate	3028
therapeutic purposes or a plea of guilty to, a judicial finding of	3029
guilt of, or a judicial finding of eligibility for intervention in	3030
lieu of conviction of, a violation of any federal or state law	3031
regulating the possession, distribution, or use of any drug;	3032

(4) Willfully betraying a professional confidence.

3033

For purposes of this division, "willfully betraying a	3034
professional confidence" does not include providing any	3035
information, documents, or reports to a child fatality review	3036
board under sections 307.621 to 307.629 of the Revised Code and	3037
does not include the making of a report of an employee's use of a	3038
drug of abuse, or a report of a condition of an employee other	3039
than one involving the use of a drug of abuse, to the employer of	3040
the employee as described in division (B) of section 2305.33 of	3041
the Revised Code. Nothing in this division affects the immunity	3042
from civil liability conferred by that section upon a physician	3043
who makes either type of report in accordance with division (B) of	3044
that section. As used in this division, "employee," "employer,"	3045
and "physician" have the same meanings as in section 2305.33 of	3046
the Revised Code.	3047

(5) Making a false, fraudulent, deceptive, or misleading	3048
statement in the solicitation of or advertising for patients; in	3049
relation to the practice of medicine and surgery, osteopathic	3050
medicine and surgery, podiatric medicine and surgery, or a limited	3051
branch of medicine; or in securing or attempting to secure any	3052
certificate to practice or certificate of registration issued by	3053
the board.	3054

As used in this division, "false, fraudulent, deceptive, or	3055
misleading statement" means a statement that includes a	3056
misrepresentation of fact, is likely to mislead or deceive because	3057
of a failure to disclose material facts, is intended or is likely	3058
to create false or unjustified expectations of favorable results,	3059
or includes representations or implications that in reasonable	3060
probability will cause an ordinarily prudent person to	3061
misunderstand or be deceived.	3062

(6) A departure from, or the failure to conform to, minimal	3063
standards of care of similar practitioners under the same or	3064
similar circumstances, whether or not actual injury to a patient	3065
is established;	3066

(7) Representing, with the purpose of obtaining compensation	3067
or other advantage as personal gain or for any other person, that	3068
an incurable disease or injury, or other incurable condition, can	3069
be permanently cured;	3070

(8) The obtaining of, or attempting to obtain, money or	3071
anything of value by fraudulent misrepresentations in the course	3072
of practice;	3073

(9) A plea of guilty to, a judicial finding of guilt of, or a	3074
judicial finding of eligibility for intervention in lieu of	3075
conviction for, a felony;	3076

(10) Commission of an act that constitutes a felony in this	3077
state, regardless of the jurisdiction in which the act was	3078
committed;	3079

(11) A plea of guilty to, a judicial finding of guilt of, or	3080
a judicial finding of eligibility for intervention in lieu of	3081
conviction for, a misdemeanor committed in the course of practice;	3082

(12) Commission of an act in the course of practice that	3083
constitutes a misdemeanor in this state, regardless of the	3084
jurisdiction in which the act was committed;	3085

(13) A plea of guilty to, a judicial finding of guilt of, or	3086
a judicial finding of eligibility for intervention in lieu of	3087
conviction for, a misdemeanor involving moral turpitude;	3088

(14) Commission of an act involving moral turpitude that	3089
constitutes a misdemeanor in this state, regardless of the	3090
jurisdiction in which the act was committed;	3091

(15) Violation of the conditions of limitation placed by the	3092
board upon a certificate to practice;	3093

(16) Failure to pay license renewal fees specified in this	3094
chapter;	3095

(17) Except as authorized in section 4731.31 of the Revised	3096
Code, engaging in the division of fees for referral of patients,	3097
or the receiving of a thing of value in return for a specific	3098
referral of a patient to utilize a particular service or business;	3099

(18) Subject to section 4731.226 of the Revised Code,	3100
violation of any provision of a code of ethics of the American	3101
medical association, the American osteopathic association, the	3102
American podiatric medical association, or any other national	3103
professional organizations that the board specifies by rule. The	3104
state medical board shall obtain and keep on file current copies	3105
of the codes of ethics of the various national professional	3106
organizations. The individual whose certificate is being suspended	3107
or revoked shall not be found to have violated any provision of a	3108
code of ethics of an organization not appropriate to the	3109
individual's profession.	3110

For purposes of this division, a "provision of a code of	3111
ethics of a national professional organization" does not include	3112
any provision that would preclude the making of a report by a	3113
physician of an employee's use of a drug of abuse, or of a	3114
condition of an employee other than one involving the use of a	3115
drug of abuse, to the employer of the employee as described in	3116
division (B) of section 2305.33 of the Revised Code. Nothing in	3117
this division affects the immunity from civil liability conferred	3118
by that section upon a physician who makes either type of report	3119
in accordance with division (B) of that section. As used in this	3120
division, "employee," "employer," and "physician" have the same	3121
meanings as in section 2305.33 of the Revised Code.	3122

(19) Inability to practice according to acceptable and	3123
prevailing standards of care by reason of mental illness or	3124
physical illness, including, but not limited to, physical	3125
deterioration that adversely affects cognitive, motor, or	3126
perceptive skills.	3127

In enforcing this division, the board, upon a showing of a	3128
possible violation, may compel any individual authorized to	3129
practice by this chapter or who has submitted an application	3130
pursuant to this chapter to submit to a mental examination,	3131
physical examination, including an HIV test, or both a mental and	3132
a physical examination. The expense of the examination is the	3133
responsibility of the individual compelled to be examined. Failure	3134
to submit to a mental or physical examination or consent to an HIV	3135
test ordered by the board constitutes an admission of the	3136
allegations against the individual unless the failure is due to	3137
circumstances beyond the individual's control, and a default and	3138
final order may be entered without the taking of testimony or	3139
presentation of evidence. If the board finds an individual unable	3140
to practice because of the reasons set forth in this division, the	3141
board shall require the individual to submit to care, counseling,	3142
or treatment by physicians approved or designated by the board, as	3143
a condition for initial, continued, reinstated, or renewed	3144
authority to practice. An individual affected under this division	3145
shall be afforded an opportunity to demonstrate to the board the	3146
ability to resume practice in compliance with acceptable and	3147
prevailing standards under the provisions of the individual's	3148
certificate. For the purpose of this division, any individual who	3149
applies for or receives a certificate to practice under this	3150
chapter accepts the privilege of practicing in this state and, by	3151
so doing, shall be deemed to have given consent to submit to a	3152
mental or physical examination when directed to do so in writing	3153
by the board, and to have waived all objections to the	3154
admissibility of testimony or examination reports that constitute	3155
a privileged communication.	3156

(20) Except when civil penalties are imposed under section	3157
4731.225 or 4731.281 of the Revised Code, and subject to section	3158
4731.226 of the Revised Code, violating or attempting to violate,	3159
directly or indirectly, or assisting in or abetting the violation	3160
of, or conspiring to violate, any provisions of this chapter or	3161
any rule promulgated by the board.	3162

This division does not apply to a violation or attempted	3163
violation of, assisting in or abetting the violation of, or a	3164
conspiracy to violate, any provision of this chapter or any rule	3165
adopted by the board that would preclude the making of a report by	3166
a physician of an employee's use of a drug of abuse, or of a	3167
condition of an employee other than one involving the use of a	3168
drug of abuse, to the employer of the employee as described in	3169
division (B) of section 2305.33 of the Revised Code. Nothing in	3170
this division affects the immunity from civil liability conferred	3171
by that section upon a physician who makes either type of report	3172
in accordance with division (B) of that section. As used in this	3173
division, "employee," "employer," and "physician" have the same	3174
meanings as in section 2305.33 of the Revised Code.	3175

(21) The violation of section 3701.79 of the Revised Code or	3176
of any abortion rule adopted by the public health council pursuant	3177
to section 3701.341 of the Revised Code;	3178

(22) Any of the following actions taken by an agency	3179
responsible for authorizing, certifying, or regulating an	3180
individual to practice a health care occupation or provide health	3181
care services in this state or another jurisdiction, for any	3182
reason other than the nonpayment of fees: the limitation,	3183
revocation, or suspension of an individual's license to practice;	3184
acceptance of an individual's license surrender; denial of a	3185
license; refusal to renew or reinstate a license; imposition of	3186
probation; or issuance of an order of censure or other reprimand;	3187

(23) The violation of section 2919.12 of the Revised Code or	3188
the performance or inducement of an abortion upon a pregnant woman	3189
with actual knowledge that the conditions specified in division	3190
(B) of section 2317.56 of the Revised Code have not been satisfied	3191
or with a heedless indifference as to whether those conditions	3192
have been satisfied, unless an affirmative defense as specified in	3193
division (H)(2) of that section would apply in a civil action	3194
authorized by division (H)(1) of that section;	3195

(24) The revocation, suspension, restriction, reduction, or	3196
termination of clinical privileges by the United States department	3197
of defense or department of veterans affairs or the termination or	3198
suspension of a certificate of registration to prescribe drugs by	3199
the drug enforcement administration of the United States	3200
department of justice;	3201

(25) Termination or suspension from participation in the	3202
medicare or medicaid programs by the department of health and	3203
human services or other responsible agency for any act or acts	3204
that also would constitute a violation of division (B)(2), (3),	3205
(6), (8), or (19) of this section;	3206

(26) Impairment of ability to practice according to	3207
acceptable and prevailing standards of care because of habitual or	3208
excessive use or abuse of drugs, alcohol, or other substances that	3209
impair ability to practice.	3210

For the purposes of this division, any individual authorized	3211
to practice by this chapter accepts the privilege of practicing in	3212
this state subject to supervision by the board. By filing an	3213
application for or holding a certificate to practice under this	3214
chapter, an individual shall be deemed to have given consent to	3215
submit to a mental or physical examination when ordered to do so	3216
by the board in writing, and to have waived all objections to the	3217
admissibility of testimony or examination reports that constitute	3218
privileged communications.	3219

If it has reason to believe that any individual authorized to	3220
practice by this chapter or any applicant for certification to	3221
practice suffers such impairment, the board may compel the	3222
individual to submit to a mental or physical examination, or both.	3223
The expense of the examination is the responsibility of the	3224
individual compelled to be examined. Any mental or physical	3225
examination required under this division shall be undertaken by a	3226
treatment provider or physician who is qualified to conduct the	3227
examination and who is chosen by the board.	3228

Failure to submit to a mental or physical examination ordered	3229
by the board constitutes an admission of the allegations against	3230
the individual unless the failure is due to circumstances beyond	3231
the individual's control, and a default and final order may be	3232
entered without the taking of testimony or presentation of	3233
evidence. If the board determines that the individual's ability to	3234
practice is impaired, the board shall suspend the individual's	3235
certificate or deny the individual's application and shall require	3236
the individual, as a condition for initial, continued, reinstated,	3237
or renewed certification to practice, to submit to treatment.	3238

Before being eligible to apply for reinstatement of a	3239
certificate suspended under this division, the impaired	3240
practitioner shall demonstrate to the board the ability to resume	3241
practice in compliance with acceptable and prevailing standards of	3242
care under the provisions of the practitioner's certificate. The	3243
demonstration shall include, but shall not be limited to, the	3244
following:	3245

(a) Certification from a treatment provider approved under	3246
section 4731.25 of the Revised Code that the individual has	3247
successfully completed any required inpatient treatment;	3248

(b) Evidence of continuing full compliance with an aftercare	3249
contract or consent agreement;	3250

(c) Two written reports indicating that the individual's	3251
ability to practice has been assessed and that the individual has	3252
been found capable of practicing according to acceptable and	3253
prevailing standards of care. The reports shall be made by	3254
individuals or providers approved by the board for making the	3255
assessments and shall describe the basis for their determination.	3256

The board may reinstate a certificate suspended under this	3257
division after that demonstration and after the individual has	3258
entered into a written consent agreement.	3259

When the impaired practitioner resumes practice, the board	3260
shall require continued monitoring of the individual. The	3261
monitoring shall include, but not be limited to, compliance with	3262
the written consent agreement entered into before reinstatement or	3263
with conditions imposed by board order after a hearing, and, upon	3264
termination of the consent agreement, submission to the board for	3265
at least two years of annual written progress reports made under	3266
penalty of perjury stating whether the individual has maintained	3267
sobriety.	3268

(27) A second or subsequent violation of section 4731.66 or	3269
4731.69 of the Revised Code;	3270

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

3271

(a) Waiving the payment of all or any part of a deductible or	3272
copayment that a patient, pursuant to a health insurance or health	3273
care policy, contract, or plan that covers the individual's	3274
services, otherwise would be required to pay if the waiver is used	3275
as an enticement to a patient or group of patients to receive	3276
health care services from that individual;	3277

(b) Advertising that the individual will waive the payment of	3278
all or any part of a deductible or copayment that a patient,	3279
pursuant to a health insurance or health care policy, contract, or	3280
plan that covers the individual's services, otherwise would be	3281
required to pay.	3282

(29) Failure to use universal blood and body fluid	3283
precautions established by rules adopted under section 4731.051 of	3284
the Revised Code;	3285

(30) Failure to provide notice to, and receive acknowledgment	3286
of the notice from, a patient when required by section 4731.143 of	3287
the Revised Code prior to providing nonemergency professional	3288
services, or failure to maintain that notice in the patient's	3289
file;	3290

(31) Failure of a physician supervising a physician assistant	3291
to maintain supervision in accordance with the requirements of	3292
Chapter 4730. of the Revised Code and the rules adopted under that	3293
chapter;	3294

(32) Failure of a physician or podiatrist to enter into a	3295
standard care arrangement with a clinical nurse specialist,	3296
certified nurse-midwife, or certified nurse practitioner with whom	3297
the physician or podiatrist is in collaboration pursuant to	3298
section 4731.27 of the Revised Code or failure to fulfill the	3299
responsibilities of collaboration after entering into a standard	3300
care arrangement;	3301

(33) Failure to comply with the terms of a consult agreement	3302
entered into with a pharmacist pursuant to section 4729.39 of the	3303
Revised Code;	3304

(34) Failure to cooperate in an investigation conducted by	3305
the board under division (F) of this section, including failure to	3306
comply with a subpoena or order issued by the board or failure to	3307
answer truthfully a question presented by the board in an	3308
investigative interview, an investigative office conference, at a	3309
deposition, or in written interrogatories, except that failure to	3310
cooperate with an investigation shall not constitute grounds for	3311
discipline under this section if a court of competent jurisdiction	3312
has issued an order that either quashes a subpoena or permits the	3313
individual to withhold the testimony or evidence in issue;	3314

(35) Failure to supervise an oriental medicine practitioner	3315
or acupuncturist in accordance with Chapter 4762. of the Revised	3316
Code and the board's rules for providing that supervision;	3317

(36) Failure to supervise an anesthesiologist assistant in	3318
accordance with Chapter 4760. of the Revised Code and the board's	3319
rules for supervision of an anesthesiologist assistant;	3320

(37) Assisting suicide, as defined in section 3795.01 of the	3321
Revised Code;	3322

(38) Failure to comply with the requirements of section	3323
2317.561 of the Revised Code;	3324

(39) Failure to supervise a radiologist assistant in	3325
accordance with Chapter 4774. of the Revised Code and the board's	3326
rules for supervision of radiologist assistants;	3327

(40) Performing or inducing an abortion at an office or	3328
facility with knowledge that the office or facility fails to post	3329
the notice required under section 3701.791 of the Revised Code;	3330

(41) Failure to comply with the standards and procedures	3331
established in rules under section 4731.054 of the Revised Code	3332
for the operation of or the provision of care at a pain management	3333
clinic;	3334

(42) Failure to comply with the standards and procedures	3335
established in rules under section 4731.054 of the Revised Code	3336
for providing supervision, direction, and control of individuals	3337
at a pain management clinic;	3338

(43) Failure to comply with the requirements of section	3339
4729.79 of the Revised Code, unless the state board of pharmacy no	3340
longer maintains a drug database pursuant to section 4729.75 of	3341
the Revised Code;	3342

(44) Failure to comply with the requirements of section	3343
2919.171 of the Revised Code or failure to submit to the	3344
department of health in accordance with a court order a complete	3345
report as described in section 2919.171 of the Revised Code;	3346

(45) Practicing at a facility that is subject to licensure as	3347
a category III terminal distributor of dangerous drugs with a pain	3348
management clinic classification unless the person operating the	3349
facility has obtained and maintains the license with the	3350
classification;	3351

(46) Owning a facility that is subject to licensure as a	3352
category III terminal distributor of dangerous drugs with a pain	3353
management clinic classification unless the facility is licensed	3354
with the classification;	3355

(47) Failure to comply with the requirement regarding	3356
maintaining notes described in division (B) of section 2919.191 of	3357
the Revised Code or failure to satisfy the requirements of section	3358
2919.191 of the Revised Code prior to performing or inducing an	3359
abortion upon a pregnant woman;	3360

(48) Failure to comply with the requirements in section	3361
3719.061 of the Revised Code before issuing tofor a minor a	3362
prescription for ~~a controlled substance containing~~ an opioid	3363
analgesic, as defined in section 3719.01 of the Revised Code.	3364

(C) Disciplinary actions taken by the board under divisions	3365
(A) and (B) of this section shall be taken pursuant to an	3366
adjudication under Chapter 119. of the Revised Code, except that	3367
in lieu of an adjudication, the board may enter into a consent	3368
agreement with an individual to resolve an allegation of a	3369
violation of this chapter or any rule adopted under it. A consent	3370
agreement, when ratified by an affirmative vote of not fewer than	3371
six members of the board, shall constitute the findings and order	3372
of the board with respect to the matter addressed in the	3373
agreement. If the board refuses to ratify a consent agreement, the	3374
admissions and findings contained in the consent agreement shall	3375
be of no force or effect.	3376

A telephone conference call may be utilized for ratification	3377
of a consent agreement that revokes or suspends an individual's	3378
certificate to practice. The telephone conference call shall be	3379
considered a special meeting under division (F) of section 121.22	3380
of the Revised Code.	3381

If the board takes disciplinary action against an individual	3382
under division (B) of this section for a second or subsequent plea	3383
of guilty to, or judicial finding of guilt of, a violation of	3384
section 2919.123 of the Revised Code, the disciplinary action	3385
shall consist of a suspension of the individual's certificate to	3386
practice for a period of at least one year or, if determined	3387
appropriate by the board, a more serious sanction involving the	3388
individual's certificate to practice. Any consent agreement	3389
entered into under this division with an individual that pertains	3390
to a second or subsequent plea of guilty to, or judicial finding	3391
of guilt of, a violation of that section shall provide for a	3392
suspension of the individual's certificate to practice for a	3393
period of at least one year or, if determined appropriate by the	3394
board, a more serious sanction involving the individual's	3395
certificate to practice.	3396

(D) For purposes of divisions (B)(10), (12), and (14) of this	3397
section, the commission of the act may be established by a finding	3398
by the board, pursuant to an adjudication under Chapter 119. of	3399
the Revised Code, that the individual committed the act. The board	3400
does not have jurisdiction under those divisions if the trial	3401
court renders a final judgment in the individual's favor and that	3402
judgment is based upon an adjudication on the merits. The board	3403
has jurisdiction under those divisions if the trial court issues	3404
an order of dismissal upon technical or procedural grounds.	3405

(E) The sealing of conviction records by any court shall have	3406
no effect upon a prior board order entered under this section or	3407
upon the board's jurisdiction to take action under this section	3408
if, based upon a plea of guilty, a judicial finding of guilt, or a	3409
judicial finding of eligibility for intervention in lieu of	3410
conviction, the board issued a notice of opportunity for a hearing	3411
prior to the court's order to seal the records. The board shall	3412
not be required to seal, destroy, redact, or otherwise modify its	3413
records to reflect the court's sealing of conviction records.	3414

(F)(1) The board shall investigate evidence that appears to	3415
show that a person has violated any provision of this chapter or	3416
any rule adopted under it. Any person may report to the board in a	3417
signed writing any information that the person may have that	3418
appears to show a violation of any provision of this chapter or	3419
any rule adopted under it. In the absence of bad faith, any person	3420
who reports information of that nature or who testifies before the	3421
board in any adjudication conducted under Chapter 119. of the	3422
Revised Code shall not be liable in damages in a civil action as a	3423
result of the report or testimony. Each complaint or allegation of	3424
a violation received by the board shall be assigned a case number	3425
and shall be recorded by the board.	3426

(2) Investigations of alleged violations of this chapter or	3427
any rule adopted under it shall be supervised by the supervising	3428
member elected by the board in accordance with section 4731.02 of	3429
the Revised Code and by the secretary as provided in section	3430
4731.39 of the Revised Code. The president may designate another	3431
member of the board to supervise the investigation in place of the	3432
supervising member. No member of the board who supervises the	3433
investigation of a case shall participate in further adjudication	3434
of the case.	3435

(3) In investigating a possible violation of this chapter or	3436
any rule adopted under this chapter, or in conducting an	3437
inspection under division (E) of section 4731.054 of the Revised	3438
Code, the board may question witnesses, conduct interviews,	3439
administer oaths, order the taking of depositions, inspect and	3440
copy any books, accounts, papers, records, or documents, issue	3441
subpoenas, and compel the attendance of witnesses and production	3442
of books, accounts, papers, records, documents, and testimony,	3443
except that a subpoena for patient record information shall not be	3444
issued without consultation with the attorney general's office and	3445
approval of the secretary and supervising member of the board.	3446

(a) Before issuance of a subpoena for patient record	3447
information, the secretary and supervising member shall determine	3448
whether there is probable cause to believe that the complaint	3449
filed alleges a violation of this chapter or any rule adopted	3450
under it and that the records sought are relevant to the alleged	3451
violation and material to the investigation. The subpoena may	3452
apply only to records that cover a reasonable period of time	3453
surrounding the alleged violation.	3454

(b) On failure to comply with any subpoena issued by the	3455
board and after reasonable notice to the person being subpoenaed,	3456
the board may move for an order compelling the production of	3457
persons or records pursuant to the Rules of Civil Procedure.	3458

(c) A subpoena issued by the board may be served by a	3459
sheriff, the sheriff's deputy, or a board employee designated by	3460
the board. Service of a subpoena issued by the board may be made	3461
by delivering a copy of the subpoena to the person named therein,	3462
reading it to the person, or leaving it at the person's usual	3463
place of residence, usual place of business, or address on file	3464
with the board. When serving a subpoena to an applicant for or the	3465
holder of a certificate issued under this chapter, service of the	3466
subpoena may be made by certified mail, return receipt requested,	3467
and the subpoena shall be deemed served on the date delivery is	3468
made or the date the person refuses to accept delivery. If the	3469
person being served refuses to accept the subpoena or is not	3470
located, service may be made to an attorney who notifies the board	3471
that the attorney is representing the person.	3472

(d) A sheriff's deputy who serves a subpoena shall receive	3473
the same fees as a sheriff. Each witness who appears before the	3474
board in obedience to a subpoena shall receive the fees and	3475
mileage provided for under section 119.094 of the Revised Code.	3476

(4) All hearings, investigations, and inspections of the	3477
board shall be considered civil actions for the purposes of	3478
section 2305.252 of the Revised Code.	3479

(5) A report required to be submitted to the board under this	3480
chapter, a complaint, or information received by the board	3481
pursuant to an investigation or pursuant to an inspection under	3482
division (E) of section 4731.054 of the Revised Code is	3483
confidential and not subject to discovery in any civil action.	3484

The board shall conduct all investigations or inspections and	3485
proceedings in a manner that protects the confidentiality of	3486
patients and persons who file complaints with the board. The board	3487
shall not make public the names or any other identifying	3488
information about patients or complainants unless proper consent	3489
is given or, in the case of a patient, a waiver of the patient	3490
privilege exists under division (B) of section 2317.02 of the	3491
Revised Code, except that consent or a waiver of that nature is	3492
not required if the board possesses reliable and substantial	3493
evidence that no bona fide physician-patient relationship exists.	3494

The board may share any information it receives pursuant to	3495
an investigation or inspection, including patient records and	3496
patient record information, with law enforcement agencies, other	3497
licensing boards, and other governmental agencies that are	3498
prosecuting, adjudicating, or investigating alleged violations of	3499
statutes or administrative rules. An agency or board that receives	3500
the information shall comply with the same requirements regarding	3501
confidentiality as those with which the state medical board must	3502
comply, notwithstanding any conflicting provision of the Revised	3503
Code or procedure of the agency or board that applies when it is	3504
dealing with other information in its possession. In a judicial	3505
proceeding, the information may be admitted into evidence only in	3506
accordance with the Rules of Evidence, but the court shall require	3507
that appropriate measures are taken to ensure that confidentiality	3508
is maintained with respect to any part of the information that	3509
contains names or other identifying information about patients or	3510
complainants whose confidentiality was protected by the state	3511
medical board when the information was in the board's possession.	3512
Measures to ensure confidentiality that may be taken by the court	3513
include sealing its records or deleting specific information from	3514
its records.	3515

(6) On a quarterly basis, the board shall prepare a report	3516
that documents the disposition of all cases during the preceding	3517
three months. The report shall contain the following information	3518
for each case with which the board has completed its activities:	3519

(a) The case number assigned to the complaint or alleged	3520
violation;	3521

(b) The type of certificate to practice, if any, held by the	3522
individual against whom the complaint is directed;	3523

(c) A description of the allegations contained in the	3524
complaint;	3525

(d) The disposition of the case.

3526

The report shall state how many cases are still pending and	3527
shall be prepared in a manner that protects the identity of each	3528
person involved in each case. The report shall be a public record	3529
under section 149.43 of the Revised Code.	3530

(G) If the secretary and supervising member determine both of	3531
the following, they may recommend that the board suspend an	3532
individual's certificate to practice without a prior hearing:	3533

(1) That there is clear and convincing evidence that an	3534
individual has violated division (B) of this section;	3535

(2) That the individual's continued practice presents a	3536
danger of immediate and serious harm to the public.	3537

Written allegations shall be prepared for consideration by	3538
the board. The board, upon review of those allegations and by an	3539
affirmative vote of not fewer than six of its members, excluding	3540
the secretary and supervising member, may suspend a certificate	3541
without a prior hearing. A telephone conference call may be	3542
utilized for reviewing the allegations and taking the vote on the	3543
summary suspension.	3544

The board shall issue a written order of suspension by	3545
certified mail or in person in accordance with section 119.07 of	3546
the Revised Code. The order shall not be subject to suspension by	3547
the court during pendency of any appeal filed under section 119.12	3548
of the Revised Code. If the individual subject to the summary	3549
suspension requests an adjudicatory hearing by the board, the date	3550
set for the hearing shall be within fifteen days, but not earlier	3551
than seven days, after the individual requests the hearing, unless	3552
otherwise agreed to by both the board and the individual.	3553

Any summary suspension imposed under this division shall	3554
remain in effect, unless reversed on appeal, until a final	3555
adjudicative order issued by the board pursuant to this section	3556
and Chapter 119. of the Revised Code becomes effective. The board	3557
shall issue its final adjudicative order within seventy-five days	3558
after completion of its hearing. A failure to issue the order	3559
within seventy-five days shall result in dissolution of the	3560
summary suspension order but shall not invalidate any subsequent,	3561
final adjudicative order.	3562

(H) If the board takes action under division (B)(9), (11), or	3563
(13) of this section and the judicial finding of guilt, guilty	3564
plea, or judicial finding of eligibility for intervention in lieu	3565
of conviction is overturned on appeal, upon exhaustion of the	3566
criminal appeal, a petition for reconsideration of the order may	3567
be filed with the board along with appropriate court documents.	3568
Upon receipt of a petition of that nature and supporting court	3569
documents, the board shall reinstate the individual's certificate	3570
to practice. The board may then hold an adjudication under Chapter	3571
119. of the Revised Code to determine whether the individual	3572
committed the act in question. Notice of an opportunity for a	3573
hearing shall be given in accordance with Chapter 119. of the	3574
Revised Code. If the board finds, pursuant to an adjudication held	3575
under this division, that the individual committed the act or if	3576
no hearing is requested, the board may order any of the sanctions	3577
identified under division (B) of this section.	3578

(I) The certificate to practice issued to an individual under	3579
this chapter and the individual's practice in this state are	3580
automatically suspended as of the date of the individual's second	3581
or subsequent plea of guilty to, or judicial finding of guilt of,	3582
a violation of section 2919.123 of the Revised Code, or the date	3583
the individual pleads guilty to, is found by a judge or jury to be	3584
guilty of, or is subject to a judicial finding of eligibility for	3585
intervention in lieu of conviction in this state or treatment or	3586
intervention in lieu of conviction in another jurisdiction for any	3587
of the following criminal offenses in this state or a	3588
substantially equivalent criminal offense in another jurisdiction:	3589
aggravated murder, murder, voluntary manslaughter, felonious	3590
assault, kidnapping, rape, sexual battery, gross sexual	3591
imposition, aggravated arson, aggravated robbery, or aggravated	3592
burglary. Continued practice after suspension shall be considered	3593
practicing without a certificate.	3594

The board shall notify the individual subject to the	3595
suspension by certified mail or in person in accordance with	3596
section 119.07 of the Revised Code. If an individual whose	3597
certificate is automatically suspended under this division fails	3598
to make a timely request for an adjudication under Chapter 119. of	3599
the Revised Code, the board shall do whichever of the following is	3600
applicable:	3601

(1) If the automatic suspension under this division is for a	3602
second or subsequent plea of guilty to, or judicial finding of	3603
guilt of, a violation of section 2919.123 of the Revised Code, the	3604
board shall enter an order suspending the individual's certificate	3605
to practice for a period of at least one year or, if determined	3606
appropriate by the board, imposing a more serious sanction	3607
involving the individual's certificate to practice.	3608

(2) In all circumstances in which division (I)(1) of this	3609
section does not apply, enter a final order permanently revoking	3610
the individual's certificate to practice.	3611

(J) If the board is required by Chapter 119. of the Revised	3612
Code to give notice of an opportunity for a hearing and if the	3613
individual subject to the notice does not timely request a hearing	3614
in accordance with section 119.07 of the Revised Code, the board	3615
is not required to hold a hearing, but may adopt, by an	3616
affirmative vote of not fewer than six of its members, a final	3617
order that contains the board's findings. In that final order, the	3618
board may order any of the sanctions identified under division (A)	3619
or (B) of this section.	3620

(K) Any action taken by the board under division (B) of this	3621
section resulting in a suspension from practice shall be	3622
accompanied by a written statement of the conditions under which	3623
the individual's certificate to practice may be reinstated. The	3624
board shall adopt rules governing conditions to be imposed for	3625
reinstatement. Reinstatement of a certificate suspended pursuant	3626
to division (B) of this section requires an affirmative vote of	3627
not fewer than six members of the board.	3628

(L) When the board refuses to grant a certificate to an	3629
applicant, revokes an individual's certificate to practice,	3630
refuses to register an applicant, or refuses to reinstate an	3631
individual's certificate to practice, the board may specify that	3632
its action is permanent. An individual subject to a permanent	3633
action taken by the board is forever thereafter ineligible to hold	3634
a certificate to practice and the board shall not accept an	3635
application for reinstatement of the certificate or for issuance	3636
of a new certificate.	3637

(M) Notwithstanding any other provision of the Revised Code,	3638
all of the following apply:	3639

(1) The surrender of a certificate issued under this chapter	3640
shall not be effective unless or until accepted by the board. A	3641
telephone conference call may be utilized for acceptance of the	3642
surrender of an individual's certificate to practice. The	3643
telephone conference call shall be considered a special meeting	3644
under division (F) of section 121.22 of the Revised Code.	3645
Reinstatement of a certificate surrendered to the board requires	3646
an affirmative vote of not fewer than six members of the board.	3647

(2) An application for a certificate made under the	3648
provisions of this chapter may not be withdrawn without approval	3649
of the board.	3650

(3) Failure by an individual to renew a certificate of	3651
registration in accordance with this chapter shall not remove or	3652
limit the board's jurisdiction to take any disciplinary action	3653
under this section against the individual.	3654

(4) At the request of the board, a certificate holder shall	3655
immediately surrender to the board a certificate that the board	3656
has suspended, revoked, or permanently revoked.	3657

(N) Sanctions shall not be imposed under division (B)(28) of	3658
this section against any person who waives deductibles and	3659
copayments as follows:	3660

(1) In compliance with the health benefit plan that expressly	3661
allows such a practice. Waiver of the deductibles or copayments	3662
shall be made only with the full knowledge and consent of the plan	3663
purchaser, payer, and third-party administrator. Documentation of	3664
the consent shall be made available to the board upon request.	3665

(2) For professional services rendered to any other person	3666
authorized to practice pursuant to this chapter, to the extent	3667
allowed by this chapter and rules adopted by the board.	3668

(O) Under the board's investigative duties described in this	3669
section and subject to division (F) of this section, the board	3670
shall develop and implement a quality intervention program	3671
designed to improve through remedial education the clinical and	3672
communication skills of individuals authorized under this chapter	3673
to practice medicine and surgery, osteopathic medicine and	3674
surgery, and podiatric medicine and surgery. In developing and	3675
implementing the quality intervention program, the board may do	3676
all of the following:	3677

(1) Offer in appropriate cases as determined by the board an	3678
educational and assessment program pursuant to an investigation	3679
the board conducts under this section;	3680

(2) Select providers of educational and assessment services,	3681
including a quality intervention program panel of case reviewers;	3682

(3) Make referrals to educational and assessment service	3683
providers and approve individual educational programs recommended	3684
by those providers. The board shall monitor the progress of each	3685
individual undertaking a recommended individual educational	3686
program.	3687

(4) Determine what constitutes successful completion of an	3688
individual educational program and require further monitoring of	3689
the individual who completed the program or other action that the	3690
board determines to be appropriate;	3691

(5) Adopt rules in accordance with Chapter 119. of the	3692
Revised Code to further implement the quality intervention	3693
program.	3694

An individual who participates in an individual educational	3695
program pursuant to this division shall pay the financial	3696
obligations arising from that educational program.	3697

Sec. 4731.281. (A) On or before the deadline established	3698
under division (B) of this section for applying for renewal of a	3699
certificate of registration, each person holding a certificate	3700
under this chapter to practice medicine and surgery, osteopathic	3701
medicine and surgery, or podiatric medicine and surgery shall	3702
certify to the state medical board that in the preceding two years	3703
the person has completed one hundred hours of continuing medical	3704
education. The certification shall be made upon the application	3705
for biennial registration submitted pursuant to division (B) of	3706
this section. The board shall adopt rules providing for pro rata	3707
reductions by month of the number of hours of continuing education	3708
required for persons who are in their first registration period,	3709
who have been disabled due to illness or accident, or who have	3710
been absent from the country.	3711

In determining whether a course, program, or activity	3712
qualifies for credit as continuing medical education, the board	3713
shall approve all continuing medical education taken by persons	3714
holding a certificate to practice medicine and surgery that is	3715
certified by the Ohio state medical association, all continuing	3716
medical education taken by persons holding a certificate to	3717
practice osteopathic medicine and surgery that is certified by the	3718
Ohio osteopathic association, and all continuing medical education	3719
taken by persons holding a certificate to practice podiatric	3720
medicine and surgery that is certified by the Ohio podiatric	3721
medical association. Each person holding a certificate to practice	3722
under this chapter shall be given sufficient choice of continuing	3723
education programs to ensure that the person has had a reasonable	3724
opportunity to participate in continuing education programs that	3725
are relevant to the person's medical practice in terms of subject	3726
matter and level.	3727

The board may require a random sample of persons holding a	3728
certificate to practice under this chapter to submit materials	3729
documenting completion of the continuing medical education	3730
requirement during the preceding registration period, but this	3731
provision shall not limit the board's authority to investigate	3732
pursuant to section 4731.22 of the Revised Code.	3733

(B)(1) Every person holding a certificate under this chapter	3734
to practice medicine and surgery, osteopathic medicine and	3735
surgery, or podiatric medicine and surgery wishing to renew that	3736
certificate shall apply to the board for a certificate of	3737
registration upon an application furnished by the board, and pay	3738
to the board at the time of application a fee of three hundred	3739
five dollars, according to the following schedule:	3740

(a) Persons whose last name begins with the letters "A"	3741
through "B," on or before April 1, 2001, and the first day of	3742
April of every odd-numbered year thereafter;	3743

(b) Persons whose last name begins with the letters "C"	3744
through "D," on or before January 1, 2001, and the first day of	3745
January of every odd-numbered year thereafter;	3746

(c) Persons whose last name begins with the letters "E"	3747
through "G," on or before October 1, 2000, and the first day of	3748
October of every even-numbered year thereafter;	3749

(d) Persons whose last name begins with the letters "H"	3750
through "K," on or before July 1, 2000, and the first day of July	3751
of every even-numbered year thereafter;	3752

(e) Persons whose last name begins with the letters "L"	3753
through "M," on or before April 1, 2000, and the first day of	3754
April of every even-numbered year thereafter;	3755

(f) Persons whose last name begins with the letters "N"	3756
through "R," on or before January 1, 2000, and the first day of	3757
January of every even-numbered year thereafter;	3758

(g) Persons whose last name begins with the letter "S," on or	3759
before October 1, 1999, and the first day of October of every	3760
odd-numbered year thereafter;	3761

(h) Persons whose last name begins with the letters "T"	3762
through "Z," on or before July 1, 1999, and the first day of July	3763
of every odd-numbered year thereafter.	3764

The board shall deposit the fee in accordance with section	3765
4731.24 of the Revised Code, except that the board shall deposit	3766
twenty dollars of the fee into the state treasury to the credit of	3767
the physician loan repayment fund created by section 3702.78 of	3768
the Revised Code.	3769

(2) The board shall mail or cause to be mailed to every	3770
person registered to practice medicine and surgery, osteopathic	3771
medicine and surgery, or podiatric medicine and surgery, a notice	3772
of registration renewal addressed to the person's last known	3773
address or may cause the notice to be sent to the person through	3774
the secretary of any recognized medical, osteopathic, or podiatric	3775
society, according to the following schedule:	3776

(a) To persons whose last name begins with the letters "A"	3777
through "B," on or before January 1, 2001, and the first day of	3778
January of every odd-numbered year thereafter;	3779

(b) To persons whose last name begins with the letters "C"	3780
through "D," on or before October 1, 2000, and the first day of	3781
October of every even-numbered year thereafter;	3782

(c) To persons whose last name begins with the letters "E"	3783
through "G," on or before July 1, 2000, and the first day of July	3784
of every even-numbered year thereafter;	3785

(d) To persons whose last name begins with the letters "H"	3786
through "K," on or before April 1, 2000, and the first day of	3787
April of every even-numbered year thereafter;	3788

(e) To persons whose last name begins with the letters "L"	3789
through "M," on or before January 1, 2000, and the first day of	3790
January of every even-numbered year thereafter;	3791

(f) To persons whose last name begins with the letters "N"	3792
through "R," on or before October 1, 1999, and the first day of	3793
October of every odd-numbered year thereafter;	3794

(g) To persons whose last name begins with the letter "S," on	3795
or before July 1, 1999, and the first day of July of every	3796
odd-numbered year thereafter;	3797

(h) To persons whose last name begins with the letters "T"	3798
through "Z," on or before April 1, 1999, and the first day of	3799
April of every odd-numbered year thereafter.	3800

(3) Failure of any person to receive a notice of renewal from	3801
the board shall not excuse the person from the requirements	3802
contained in this section.	3803

(4) The board's notice shall inform the applicant of the	3804
renewal procedure. The board shall provide the application for	3805
registration renewal in a form determined by the board.	3806

(5) The applicant shall provide in the application the	3807
applicant's full name, principal practice address and residence	3808
address, the number of the applicant's certificate to practice,	3809
and any other information required by the board.	3810

(6)(a) Except as provided in division (B)(6)(b) of this	3811
section, in the case of an applicant who prescribes or personally	3812
furnishes opioid analgesics or benzodiazepines, as defined in	3813
section 3719.01 of the Revised Code, the applicant shall certify	3814
to the board whether the applicant has been granted access to the	3815
drug database established and maintained by the state board of	3816
pharmacy pursuant to section 4729.75 of the Revised Code.	3817

(b) The requirement in division (B)(6)(a) of this section	3818
does not apply if ~~either~~any of the following is the case:	3819

(i) The state board of pharmacy notifies the state medical	3820
board pursuant to section 4729.861 of the Revised Code that the	3821
applicant has been restricted from obtaining further information	3822
from the drug database.	3823

(ii) The state board of pharmacy no longer maintains the drug	3824
database.	3825

(iii) The applicant does not practice medicine and surgery,	3826
osteopathic medicine and surgery, or podiatric medicine and	3827
surgery in this state.	3828

(c) If an applicant certifies to the state medical board that	3829
the applicant has been granted access to the drug database and the	3830
board finds through an audit or other means that the applicant has	3831
not been granted access, the board may take action under section	3832
4731.22 of the Revised Code.	3833

(7) The applicant shall include with the application a list	3834
of the names and addresses of any clinical nurse specialists,	3835
certified nurse-midwives, or certified nurse practitioners with	3836
whom the applicant is currently collaborating, as defined in	3837
section 4723.01 of the Revised Code. Every person registered under	3838
this section shall give written notice to the state medical board	3839
of any change of principal practice address or residence address	3840
or in the list within thirty days of the change.	3841

(8) The applicant shall report any criminal offense to which	3842
the applicant has pleaded guilty, of which the applicant has been	3843
found guilty, or for which the applicant has been found eligible	3844
for intervention in lieu of conviction, since last filing an	3845
application for a certificate of registration.	3846

(9) The applicant shall execute and deliver the application	3847
to the board in a manner prescribed by the board.	3848

(C) The board shall issue to any person holding a certificate	3849
under this chapter to practice medicine and surgery, osteopathic	3850
medicine and surgery, or podiatric medicine and surgery, upon	3851
application and qualification therefor in accordance with this	3852
section, a certificate of registration under the seal of the	3853
board. A certificate of registration shall be valid for a two-year	3854
period.	3855

(D) Failure of any certificate holder to register and comply	3856
with this section shall operate automatically to suspend the	3857
holder's certificate to practice. Continued practice after the	3858
suspension of the certificate to practice shall be considered as	3859
practicing in violation of section 4731.41, 4731.43, or 4731.60 of	3860
the Revised Code. If the certificate has been suspended pursuant	3861
to this division for two years or less, it may be reinstated. The	3862
board shall reinstate a certificate to practice suspended for	3863
failure to register upon an applicant's submission of a renewal	3864
application, the biennial registration fee, and the applicable	3865
monetary penalty. The penalty for reinstatement shall be fifty	3866
dollars. If the certificate has been suspended pursuant to this	3867
division for more than two years, it may be restored. Subject to	3868
section 4731.222 of the Revised Code, the board may restore a	3869
certificate to practice suspended for failure to register upon an	3870
applicant's submission of a restoration application, the biennial	3871
registration fee, and the applicable monetary penalty and	3872
compliance with sections 4776.01 to 4776.04 of the Revised Code.	3873
The board shall not restore to an applicant a certificate to	3874
practice unless the board, in its discretion, decides that the	3875
results of the criminal records check do not make the applicant	3876
ineligible for a certificate issued pursuant to section 4731.14,	3877
4731.56, or 4731.57 of the Revised Code. The penalty for	3878
restoration shall be one hundred dollars. The board shall deposit	3879
the penalties in accordance with section 4731.24 of the Revised	3880
Code.	3881

(E) If an individual certifies completion of the number of	3882
hours and type of continuing medical education required to receive	3883
a certificate of registration or reinstatement of a certificate to	3884
practice, and the board finds through the random samples it	3885
conducts under this section or through any other means that the	3886
individual did not complete the requisite continuing medical	3887
education, the board may impose a civil penalty of not more than	3888
five thousand dollars. The board's finding shall be made pursuant	3889
to an adjudication under Chapter 119. of the Revised Code and by	3890
an affirmative vote of not fewer than six members.	3891

A civil penalty imposed under this division may be in	3892
addition to or in lieu of any other action the board may take	3893
under section 4731.22 of the Revised Code. The board shall deposit	3894
civil penalties in accordance with section 4731.24 of the Revised	3895
Code.	3896

(F) The state medical board may obtain information not	3897
protected by statutory or common law privilege from courts and	3898
other sources concerning malpractice claims against any person	3899
holding a certificate to practice under this chapter or practicing	3900
as provided in section 4731.36 of the Revised Code.	3901

(G) Each mailing sent by the board under division (B)(2) of	3902
this section to a person registered to practice medicine and	3903
surgery or osteopathic medicine and surgery shall inform the	3904
applicant of the reporting requirement established by division (H)	3905
of section 3701.79 of the Revised Code. At the discretion of the	3906
board, the information may be included on the application for	3907
registration or on an accompanying page.	3908

Sec. 4773.03. (A) Each individual seeking a license to	3909
practice as a general x-ray machine operator, radiographer,	3910
radiation therapy technologist, or nuclear medicine technologist	3911
shall apply to the department of health on a form the department	3912
shall prescribe and provide. The application shall be accompanied	3913
by the appropriate license application fee established in rules	3914
adopted under section 4773.08 of the Revised Code.	3915

(B) The department shall review all applications received and	3916
issue the appropriate general x-ray machine operator,	3917
radiographer, radiation therapy technologist, or nuclear medicine	3918
technologist license to each applicant who meets all of the	3919
following requirements:	3920

(1) Is eighteen years of age or older.;

3921

(2) Is of good moral character.;

3922

(3) Except as provided in division (C) of this section,	3923
passes the examination administered under section 4773.04 of the	3924
Revised Code for the applicant's area of practice.;	3925

(4) Complies with any other licensing standards established	3926
in rules adopted under section 4773.08 of the Revised Code.	3927

(C) An applicant is not required to take a licensing	3928
examination if ~~any~~one of the following ~~apply~~applies to the	3929
applicant:	3930

(1) The individual is applying for a license as a general	3931
x-ray machine operator and holds certification in that area of	3932
practice from the American registry of radiologic technologists or	3933
the American chiropractic registry of radiologic technologists.	3934

(2) The individual is applying for a license as a	3935
radiographer and holds certification in that area of practice from	3936
the American registry of radiologic technologists.	3937

(3) The individual is applying for a license as a radiation	3938
therapy technologist and holds certification in that area of	3939
practice from the American registry of radiologic technologists.	3940

(4) The individual is applying for a license as a nuclear	3941
medicine technologist and holds certification in that area of	3942
practice from the American registry of radiologic technologists or	3943
the nuclear medicine technology certification board.	3944

(5) The individual holds a conditional license issued under	3945
section 4773.05 of the Revised Code and has completed the	3946
continuing education requirements established in rules adopted	3947
under section 4773.08 of the Revised Code.	3948

(6) The individual holds a license, certificate, or other	3949
credential issued by another state that the department determines	3950
uses standards for radiologic professions that are at least equal	3951
to those established under this chapter.	3952

(D) A license issued under this section expires biennially on	3953
the license holder's birthday, except for an initial license which	3954
expires on the license holder's birthday following two years after	3955
it is issued. For an initial license, the fee established in rules	3956
adopted under section 4773.08 of the Revised Code may be increased	3957
in proportion to the amount of time beyond two years that the	3958
license may be valid.	3959

A license may be renewed if. To be eligible for renewal, the	3960
license holder ~~completes~~must complete the continuing education	3961
requirements specified in rules adopted by the department under	3962
section 4773.08 of the Revised Code. Applications for license	3963
renewal shall be accompanied by the appropriate renewal fee	3964
established in rules adopted under section 4773.08 of the Revised	3965
Code. Renewals shall be made in accordance with the standard	3966
renewal procedure established under Chapter 4745. of the Revised	3967
Code.	3968

(E)(1) A license that has lapsed or otherwise become inactive	3969
may be reinstated. An individual seeking reinstatement of a	3970
license shall apply to the department on a form the department	3971
shall prescribe and provide. The application shall be accompanied	3972
by the appropriate reinstatement fee established in rules adopted	3973
under section 4773.08 of the Revised Code.	3974

(2) To be eligible for reinstatement, both of the following	3975
apply:	3976

(a) An applicant must continue to meet the conditions for	3977
receiving an initial license, including the examination or	3978
certification requirements specified in division (B) or (C) of	3979
this section. In the case of an applicant seeking reinstatement	3980
based on having passed an examination administered under section	3981
4773.04 of the Revised Code, the length of time that has elapsed	3982
since the examination was passed is not a consideration in	3983
determining whether the applicant is eligible for reinstatement.	3984

(b) The applicant must complete the continuing education	3985
requirements for reinstatement established in rules adopted under	3986
section 4773.08 of the Revised Code.	3987

(F) The department shall refuse to issue or, renew, or	3988
reinstate and may suspend or revoke a general x-ray machine	3989
operator, radiographer, radiation therapy technologist, or nuclear	3990
medicine technologist license if the applicant or license holder	3991
does not comply with the applicable requirements of this chapter	3992
or rules adopted under it.	3993

Sec. 4773.08. The director of health shall adopt rules to	3994
implement and administer this chapter. In adopting the rules, the	3995
director shall consider any recommendations made by the radiation	3996
advisory council created under section 3701.93 of the Revised	3997
Code. The rules shall be adopted in accordance with Chapter 119.	3998
of the Revised Code and shall not be less stringent than any	3999
applicable standards specified in 42 C.F.R. 75. The rules shall	4000
establish all of the following:	4001

(A) Standards for licensing general x-ray machine operators,	4002
radiographers, radiation therapy technologists, and nuclear	4003
medicine technologists;	4004

(B) Application ~~and~~, renewal, and reinstatement fees for	4005
licenses issued under this chapter that do not exceed the cost	4006
incurred in issuing ~~and~~, renewing, and reinstating the licenses;	4007

(C) Standards for accreditation of educational programs and	4008
approval of continuing education programs in general x-ray machine	4009
operation, radiography, radiation therapy technology, and nuclear	4010
medicine technology;	4011

(D) Fees for accrediting educational programs and approving	4012
continuing education programs in general x-ray machine operation,	4013
radiography, radiation therapy technology, and nuclear medicine	4014
technology that do not exceed the cost incurred in accrediting the	4015
educational programs;	4016

(E) Fees for issuing conditional licenses under section	4017
4773.05 of the Revised Code that do not exceed the cost incurred	4018
in issuing the licenses;	4019

(F) Continuing education requirements that must be met to	4020
have a license renewed or reinstated under section 4773.03 of the	4021
Revised Code;	4022

(G) Continuing education requirements that the holder of a	4023
conditional license must meet to receive a license issued under	4024
section 4773.03 of the Revised Code;	4025

(H) Any other rules necessary for the implementation or	4026
administration of this chapter.	4027

Sec. 5104.014. (A) As used in this section:

4028

(1) "Child" includes both of the following:

4029

(a) An infant, toddler, or preschool age child;

4030

(b) A school-age child who is not enrolled in a public or	4031
nonpublic school but is enrolled in a child day-care center, type	4032
A family day-care home, or licensed type B family day-care home or	4033
receives child care from a certified in-home aide.	4034

(2) "In the process of being immunized" means having received	4035
at least the first dose of an immunization sequence and complying	4036
with the immunization intervals or catch-up schedule prescribed by	4037
the director of health.	4038

(B) Except as provided in division (C) of this section, not	4039
later than thirty days after enrollment in a child day-care	4040
center, type A family day-care home, or licensed type B family	4041
day-care home and every thirteen months thereafter while enrolled	4042
in the center or home and not later than thirty days after	4043
beginning to receive child care from a certified in-home aide and	4044
every thirteen months thereafter while continuing to receive child	4045
care from the aide, each child's caretaker parent shall provide to	4046
the center, home, or in-home aide a medical statement, as	4047
described in division (D) of this section, indicating that the	4048
child has been immunized against or is in the process of being	4049
immunized against all of the following diseases:	4050

(1) Chicken pox;

4051

(2) Diphtheria;

4052

(3) Haemophilus influenzae type b;

4053

(4) Hepatitis A;

4054

(5) Hepatitis B;

4055

(6) Influenza;

4056

(7) Measles;

4057

(8) Mumps;

4058

(9) Pertussis;

4059

(10) Pneumococcal disease;

4060

(11) Poliomyelitis;

4061

(12) Rotavirus;

4062

(13) Rubella;

4063

(14) Tetanus.

4064

(C)(1) A child is not required to be immunized against a	4065
disease specified in division (B) of this section if any of the	4066
following is the case:	4067

(a) Immunization against the disease is medically	4068
contraindicated for the child;	4069

(b) The child's parent or guardian has declined to have the	4070
child immunized against the disease for reasons of conscience,	4071
including religious convictions;	4072

(c) Immunization against the disease is not medically	4073
appropriate for the child's age.	4074

(2) In the case of influenza, a child is not required to be	4075
immunized against the disease if the seasonal vaccine is not	4076
available.	4077

(D)(1) The medical statement shall include all of the	4078
following information:	4079

(a) The dates that a child received immunizations against	4080
each of the diseases specified in division (B) of this section;	4081

(b) Whether a child is subject to any of the exceptions	4082
specified in division (C) of this section.	4083

(2) The medical statement shall include a component where a	4084
parent or guardian may indicate that the parent or guardian has	4085
declined to have the child immunized.	4086

Sec. 5104.015. The director of job and family services shall	4087
adopt rules in accordance with Chapter 119. of the Revised Code	4088
governing the operation of child day-care centers, including	4089
parent cooperative centers, part-time centers, drop-in centers,	4090
and school-age child care centers. The rules shall reflect the	4091
various forms of child care and the needs of children receiving	4092
child care or publicly funded child care and shall include	4093
specific rules for school-age child care centers that are	4094
developed in consultation with the department of education. The	4095
rules shall not require an existing school facility that is in	4096
compliance with applicable building codes to undergo an additional	4097
building code inspection or to have structural modifications. The	4098
rules shall include the following:	4099

(A) Submission of a site plan and descriptive plan of	4100
operation to demonstrate how the center proposes to meet the	4101
requirements of this chapter and rules adopted pursuant to this	4102
chapter for the initial license application;	4103

(B) Standards for ensuring that the physical surroundings of	4104
the center are safe and sanitary including the physical	4105
environment, the physical plant, and the equipment of the center;	4106

(C) Standards for the supervision, care, and discipline of	4107
children receiving child care or publicly funded child care in the	4108
center;	4109

(D) Standards for a program of activities, and for play	4110
equipment, materials, and supplies, to enhance the development of	4111
each child; however, any educational curricula, philosophies, and	4112
methodologies that are developmentally appropriate and that	4113
enhance the social, emotional, intellectual, and physical	4114
development of each child shall be permissible. As used in this	4115
division, "program" does not include instruction in religious or	4116
moral doctrines, beliefs, or values that is conducted at child	4117
day-care centers owned and operated by churches and does include	4118
methods of disciplining children at child day-care centers.	4119

(E) Admissions policies and procedures~~, health~~;

4120

(F) Health care policies and procedures, including procedures	4121
for the isolation of children with communicable diseases~~, first~~;	4122

(G) First aid and emergency procedures~~, procedures~~;

4123

(H) Procedures for discipline and supervision of children,	4124
~~standards~~;	4125

(I) Standards for the provision of nutritious meals and	4126
snacks~~, and procedures~~;	4127

(J) Procedures for screening children ~~and employees,~~ that may	4128
include any necessary physical examinations and shall include	4129
immunizations in accordance with section 5104.014 of the Revised	4130
Code;	4131

~~(F)~~(K) Procedures for screening employees that may include	4132
any necessary physical examinations and immunizations;	4133

(L) Methods for encouraging parental participation in the	4134
center and methods for ensuring that the rights of children,	4135
parents, and employees are protected and that responsibilities of	4136
parents and employees are met;	4137

~~(G)~~(M) Procedures for ensuring the safety and adequate	4138
supervision of children traveling off the premises of the center	4139
while under the care of a center employee;	4140

~~(H)~~(N) Procedures for record keeping, organization, and	4141
administration;	4142

~~(I)~~(O) Procedures for issuing, denying, and revoking a	4143
license that are not otherwise provided for in Chapter 119. of the	4144
Revised Code;	4145

~~(J)~~(P) Inspection procedures;

4146

~~(K)~~(Q) Procedures and standards for setting initial license	4147
application fees;	4148

~~(L)~~(R) Procedures for receiving, recording, and responding to	4149
complaints about centers;	4150

~~(M)~~(S) Procedures for enforcing section 5104.04 of the	4151
Revised Code;	4152

~~(N)~~(T) A standard requiring the inclusion of a current	4153
department of job and family services toll-free telephone number	4154
on each center provisional license or license which any person may	4155
use to report a suspected violation by the center of this chapter	4156
or rules adopted pursuant to this chapter;	4157

~~(O)~~(U) Requirements for the training of administrators and	4158
child-care staff members in first aid, in prevention, recognition,	4159
and management of communicable diseases, and in child abuse	4160
recognition and prevention. Training requirements for child	4161
day-care centers adopted under this division shall be consistent	4162
with sections 5104.034 and 5104.037 of the Revised Code.	4163

~~(P)~~(V) Standards providing for the special needs of children	4164
who are handicapped or who require treatment for health conditions	4165
while the child is receiving child care or publicly funded child	4166
care in the center;	4167

~~(Q)~~(W) A procedure for reporting of injuries of children that	4168
occur at the center;	4169

~~(R)~~(X) Standards for licensing child day-care centers for	4170
children with short-term illnesses and other temporary medical	4171
conditions;	4172

~~(S)~~(Y) Any other procedures and standards necessary to carry	4173
out the provisions of this chapter regarding child day-care	4174
centers.	4175

Sec. 5104.017. The director of job and family services shall	4176
adopt rules pursuant to Chapter 119. of the Revised Code governing	4177
the operation of type A family day-care homes, including parent	4178
cooperative type A homes, part-time type A homes, drop-in type A	4179
homes, and school-age child type A homes. The rules shall reflect	4180
the various forms of child care and the needs of children	4181
receiving child care. The rules shall include the following:	4182

(A) Submission of a site plan and descriptive plan of	4183
operation to demonstrate how the type A home proposes to meet the	4184
requirements of this chapter and rules adopted pursuant to this	4185
chapter for the initial license application;	4186

(B) Standards for ensuring that the physical surroundings of	4187
the type A home are safe and sanitary, including the physical	4188
environment, the physical plant, and the equipment of the type A	4189
home;	4190

(C) Standards for the supervision, care, and discipline of	4191
children receiving child care or publicly funded child care in the	4192
type A home;	4193

(D) Standards for a program of activities, and for play	4194
equipment, materials, and supplies, to enhance the development of	4195
each child; however, any educational curricula, philosophies, and	4196
methodologies that are developmentally appropriate and that	4197
enhance the social, emotional, intellectual, and physical	4198
development of each child shall be permissible;	4199

(E) Admissions policies and procedures~~, health~~;

4200

(F) Health care policies and procedures, including procedures	4201
for the isolation of children with communicable diseases~~, first~~;	4202

(G) First aid and emergency procedures~~, procedures~~;

4203

(H) Procedures for discipline and supervision of children,	4204
~~standards~~;	4205

(I) Standards for the provision of nutritious meals and	4206
snacks~~, and procedures~~;	4207

(J) Procedures for screening children ~~and employees~~,	4208
including any necessary physical examinations and the	4209
immunizations required pursuant to section 5104.014 of the Revised	4210
Code;	4211

~~(F)~~(K) Procedures for screening employees, including any	4212
necessary physical examinations and immunizations;	4213

(L) Methods for encouraging parental participation in the	4214
type A home and methods for ensuring that the rights of children,	4215
parents, and employees are protected and that the responsibilities	4216
of parents and employees are met;	4217

~~(G)~~(M) Procedures for ensuring the safety and adequate	4218
supervision of children traveling off the premises of the type A	4219
home while under the care of a type A home employee;	4220

~~(H)~~(N) Procedures for record keeping, organization, and	4221
administration;	4222

~~(I)~~(O) Procedures for issuing, denying, and revoking a	4223
license that are not otherwise provided for in Chapter 119. of the	4224
Revised Code;	4225

~~(J)~~(P) Inspection procedures;

4226

~~(K)~~(Q) Procedures and standards for setting initial license	4227
application fees;	4228

~~(L)~~(R) Procedures for receiving, recording, and responding to	4229
complaints about type A homes;	4230

~~(M)~~(S) Procedures for enforcing section 5104.04 of the	4231
Revised Code;	4232

~~(N)~~(T) A standard requiring the inclusion of a current	4233
department of job and family services toll-free telephone number	4234
on each type A home license that any person may use to report a	4235
suspected violation by the type A home of this chapter or rules	4236
adopted pursuant to this chapter;	4237

~~(O)~~(U) Requirements for the training of administrators and	4238
child-care staff members in first aid, in prevention, recognition,	4239
and management of communicable diseases, and in child abuse	4240
recognition and prevention;	4241

~~(P)~~(V) Standards providing for the special needs of children	4242
who are handicapped or who require treatment for health conditions	4243
while the child is receiving child care or publicly funded child	4244
care in the type A home;	4245

~~(Q)~~(W) Standards for the maximum number of children per	4246
child-care staff member;	4247

~~(R)~~(X) Requirements for the amount of usable indoor floor	4248
space for each child;	4249

~~(S)~~(Y) Requirements for safe outdoor play space;

4250

~~(T)~~(Z) Qualifications and training requirements for	4251
administrators and for child-care staff members;	4252

~~(U)~~(AA) Procedures for granting a parent who is the	4253
residential parent and legal custodian, or a custodian or guardian	4254
access to the type A home during its hours of operation;	4255

~~(V)~~(BB) Standards for the preparation and distribution of a	4256
roster of parents, custodians, and guardians;	4257

~~(W)~~(CC) Any other procedures and standards necessary to carry	4258
out the provisions of this chapter regarding type A homes.	4259

Sec. 5104.018. The director of job and family services shall	4260
adopt rules in accordance with Chapter 119. of the Revised Code	4261
governing the licensure of type B family day-care homes. The rules	4262
shall provide for safeguarding the health, safety, and welfare of	4263
children receiving child care or publicly funded child care in a	4264
licensed type B family day-care home and shall include all of the	4265
following:	4266

(A) Requirements for the type B home to notify parents with	4267
children in the type B home that the type B home is certified as a	4268
foster home under section 5103.03 of the Revised Code.	4269

(B) Standards for ensuring that the type B home and the	4270
physical surroundings of the type B home are safe and sanitary,	4271
including physical environment, physical plant, and equipment;	4272

(C) Standards for the supervision, care, and discipline of	4273
children receiving child care or publicly funded child care in the	4274
home;	4275

(D) Standards for a program of activities, and for play	4276
equipment, materials, and supplies to enhance the development of	4277
each child; however, any educational curricula, philosophies, and	4278
methodologies that are developmentally appropriate and that	4279
enhance the social, emotional, intellectual, and physical	4280
development of each child shall be permissible;	4281

(E) Admission policies and procedures~~, health~~;

4282

(F) Health care, first aid and emergency procedures,	4283
~~procedures~~;	4284

(G) Procedures for the care of sick children~~, procedures~~;

4285

(H) Procedures for discipline and supervision of children,	4286
~~nutritional~~;	4287

(I) Nutritional standards~~, and procedures~~;

4288

(J) Procedures for screening children ~~and administrators~~,	4289
including any necessary physical examinations and the	4290
immunizations required pursuant to section 5104.014 of the Revised	4291
Code;	4292

~~(F)~~(K) Procedures for screening administrators and employees,	4293
including any necessary physical examinations and immunizations;	4294

(L) Methods of encouraging parental participation and	4295
ensuring that the rights of children, parents, and administrators	4296
are protected and the responsibilities of parents and	4297
administrators are met;	4298

~~(G)~~(M) Standards for the safe transport of children when	4299
under the care of administrators;	4300

~~(H)~~(N) Procedures for issuing, denying, or revoking licenses;

4301

~~(I)~~(O) Procedures for the inspection of type B homes that	4302
require, at a minimum, that each type B home be inspected prior to	4303
licensure to ensure that the home is safe and sanitary;	4304

~~(J)~~(P) Procedures for record keeping and evaluation;

4305

~~(K)~~(Q) Procedures for receiving, recording, and responding to	4306
complaints;	4307

~~(L)~~(R) Standards providing for the special needs of children	4308
who are handicapped or who receive treatment for health conditions	4309
while the child is receiving child care or publicly funded child	4310
care in the type B home;	4311

~~(M)~~(S) Requirements for the amount of usable indoor floor	4312
space for each child;	4313

~~(N)~~(T) Requirements for safe outdoor play space;

4314

~~(O)~~(U) Qualification and training requirements for	4315
administrators;	4316

~~(P)~~(V) Procedures for granting a parent who is the	4317
residential parent and legal custodian, or a custodian or guardian	4318
access to the type B home during its hours of operation;	4319

~~(Q)~~(W) Requirements for the type B home to notify parents	4320
with children in the type B home that the type B home is certified	4321
as a foster home under section 5103.03 of the Revised Code;	4322

~~(R)~~(X) Any other procedures and standards necessary to carry	4323
out the provisions of this chapter regarding licensure of type B	4324
homes.	4325

Sec. 5165.08. (A) As used in this section:

4326

"Bed need" means the number of long-term care beds a county	4327
needs as determined by the director of health pursuant to division	4328
(B)(3) of section 3702.593 of the Revised Code.	4329

"Bed need excess" means that a county's bed need is such that	4330
one or more long-term care beds may be relocated from the county	4331
according to the director's determination of the county's bed	4332
need.	4333

(B) Every provider agreement with a nursing facility provider	4334
shall ~~prohibit~~do both of the following:	4335

(1) Permit the provider to exclude one or more parts of the	4336
nursing facility from the provider agreement, even though those	4337
parts meet federal and state standards for medicaid certification,	4338
if all of the following apply:	4339

(a) The nursing facility initially obtained both its nursing	4340
home license under Chapter 3721. of the Revised Code and medicaid	4341
certification on or after January 1, 2008.	4342

(b) The nursing facility is located in a county that has a	4343
bed need excess at the time the provider excludes the parts from	4344
the provider agreement.	4345

(c) Federal law permits the provider to exclude the parts	4346
from the provider agreement.	4347

(d) The provider gives the department of medicaid written	4348
notice of the exclusion not less than forty-five days before the	4349
first day of the calendar quarter in which the exclusion is to	4350
occur.	4351

(2) Prohibit the provider from doing either of the following:

4352

~~(1)~~(a) Discriminating against a resident on the basis of	4353
race, color, sex, creed, or national origin;	4354

~~(2)~~(b) Subject to division ~~(C)~~(D) of this section, failing or	4355
refusing to do either of the following:	4356

~~(a)~~(i) Except as otherwise prohibited under section 5165.82	4357
of the Revised Code, admit as a resident of the nursing facility	4358
an individual because the individual is, or may (as a resident of	4359
the nursing facility) become, a medicaid recipient unless at least	4360
~~eighty~~twenty-five per cent of the nursing facility's	4361
medicaid-certified beds are occupied by medicaid recipients at the	4362
time the person would otherwise be admitted;	4363

~~(b)~~(ii) Retain as a resident of the nursing facility an	4364
individual because the individual is, or may (as a resident of the	4365
nursing facility) become, a medicaid recipient.	4366

~~(B)~~(C) For the purpose of division ~~(A)~~(B)(2)(b)(ii) of this	4367
section, a medicaid recipient who is a resident of a nursing	4368
facility shall be considered a resident of the nursing facility	4369
during any hospital stays totaling less than twenty-five days	4370
during any twelve-month period.	4371

~~(C)~~(D) Nothing in this section shall bar a provider from	4372
doing any of the following:	4373

(1) If the provider is a religious organization operating a	4374
religious or denominational nursing facility from giving	4375
preference to persons of the same religion or denomination;	4376

(2) Giving preference to persons with whom the provider has	4377
contracted to provide continuing care;	4378

(3) If the nursing facility is a county home organized under	4379
Chapter 5155. of the Revised Code, admitting residents exclusively	4380
from the county in which the county home is located;	4381

(4) Retaining residents who have resided in the provider's	4382
nursing facility for not less than one year as private pay	4383
patients and who subsequently become medicaid recipients, but	4384
refusing to accept as a resident any person who is, or may (as a	4385
resident of the nursing facility) become a medicaid recipient, if	4386
all of the following apply:	4387

(a) The provider does not refuse to retain any resident who	4388
has resided in the provider's nursing facility for not less than	4389
one year as a private pay resident because the resident becomes a	4390
medicaid recipient, except as necessary to comply with division	4391
~~(C)~~(D)(4)(b) of this section;	4392

(b) The number of medicaid recipients retained under division	4393
~~(C)~~(D)(4) of this section does not at any time exceed ten per cent	4394
of all the residents in the nursing facility;	4395

(c) On July 1, 1980, all the residents in the nursing	4396
facility were private pay residents.	4397

~~(D)~~(E) No provider shall violate the provider agreement	4398
obligations imposed by this section.	4399

(F) A nursing facility provider who excludes one or more	4400
parts of the nursing facility from a provider agreement pursuant	4401
to division (B)(1) of this section does not violate division (C)	4402
of section 3702.53 of the Revised Code.	4403

Sec. 5165.513. (A) A provider that enters into a provider	4404
agreement with the department of medicaid under section 5165.511	4405
or 5165.512 of the Revised Code shall do all of the following:	4406

~~(A)~~(1) Comply with all applicable federal statutes and	4407
regulations;	4408

~~(B)~~(2) Comply with section 5165.07 of the Revised Code and	4409
all other applicable state statutes and rules;	4410

~~(C)~~(3) Subject to division (B) of this section, comply with	4411
all the terms and conditions of the exiting operator's provider	4412
agreement, including, but not limited to, all of the following:	4413

~~(1)~~(a) Any plan of correction;

4414

~~(2)~~(b) Compliance with health and safety standards;

4415

~~(3)~~(c) Compliance with the ownership and financial interest	4416
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	4417

~~(4)~~(d) Compliance with the civil rights requirements of 45	4418
C.F.R. parts 80, 84, and 90;	4419

~~(5)~~(e) Compliance with additional requirements imposed by the	4420
department;	4421

~~(6)~~(f) Any sanctions relating to remedies for violation of	4422
the provider agreement, including deficiencies, compliance	4423
periods, accountability periods, monetary penalties, notification	4424
for correction of contract violations, and history of	4425
deficiencies.	4426

(B) Division (A)(3) of this section does not prohibit a	4427
nursing facility provider from excluding one or more parts of the	4428
nursing facility from the provider agreement pursuant to division	4429
(B)(1) of section 5165.08 of the Revised Code.	4430

Sec. 5165.515. The department of medicaid may enter into a	4431
provider agreement as provided in section 5165.07 of the Revised	4432
Code, rather than section 5165.511 or 5165.512 of the Revised	4433
Code, with an entering operator if the entering operator does not	4434
agree to a provider agreement that satisfies the requirements of	4435
division ~~(C)~~(A)(3) of section 5165.513 of the Revised Code. The	4436
department may not enter into the provider agreement unless the	4437
department of health certifies the nursing facility for	4438
participation in medicaid. The effective date of the provider	4439
agreement shall not precede any of the following:	4440

(A) The date that the department of health certifies the	4441
nursing facility;	4442

(B) The effective date of the change of operator;

4443

(C) The date the requirement of section 5165.51 of the	4444
Revised Code is satisfied.	4445

Sec. 5165.99. (A) Whoever violates section 5165.102 or	4446
division ~~(D)~~(E) of section 5165.08 of the Revised Code shall be	4447
fined not less than five hundred dollars nor more than one	4448
thousand dollars for the first offense and not less than one	4449
thousand dollars nor more than five thousand dollars for each	4450
subsequent offense. Fines paid under this section shall be	4451
deposited in the state treasury to the credit of the general	4452
revenue fund.	4453

(B) Whoever violates division (D) of section 5165.88 of the	4454
Revised Code is guilty of registering a false complaint, a	4455
misdemeanor of the first degree.	4456

Section 2. That existing sections 2925.02, 3701.63, 3701.64,	4457
3719.01, 3719.061, 3729.05, 4715.14, 4715.30, 4723.28, 4723.481,	4458
4723.486, 4725.16, 4725.19, 4729.12, 4729.16, 4729.18, 4729.41,	4459
4729.85, 4729.86, 4730.25, 4730.41, 4730.48, 4731.22, 4731.281,	4460
4773.03, 4773.08, 5104.015, 5104.017, 5104.018, 5165.08, 5165.513,	4461
5165.515, and 5165.99 and sections 4715.15, 4723.433, 4730.093,	4462
and 4731.22 of the Revised Code are hereby repealed.	4463

Section 3. That the versions of sections 4715.30, 4715.302,	4464
4723.28, 4723.487, 4725.092, 4725.19, 4730.25, 4730.53, 4731.055,	4465
and 4731.22 of the Revised Code that are scheduled to take effect	4466
April 1, 2015, be amended to read as follows:	4467

Sec. 4715.30. (A) An applicant for or holder of a	4468
certificate or license issued under this chapter is subject to	4469
disciplinary action by the state dental board for any of the	4470
following reasons:	4471

(1) Employing or cooperating in fraud or material deception	4472
in applying for or obtaining a license or certificate;	4473

(2) Obtaining or attempting to obtain money or anything of	4474
value by intentional misrepresentation or material deception in	4475
the course of practice;	4476

(3) Advertising services in a false or misleading manner or	4477
violating the board's rules governing time, place, and manner of	4478
advertising;	4479

(4) Commission of an act that constitutes a felony in this	4480
state, regardless of the jurisdiction in which the act was	4481
committed;	4482

(5) Commission of an act in the course of practice that	4483
constitutes a misdemeanor in this state, regardless of the	4484
jurisdiction in which the act was committed;	4485

(6) Conviction of, a plea of guilty to, a judicial finding of	4486
guilt of, a judicial finding of guilt resulting from a plea of no	4487
contest to, or a judicial finding of eligibility for intervention	4488
in lieu of conviction for, any felony or of a misdemeanor	4489
committed in the course of practice;	4490

(7) Engaging in lewd or immoral conduct in connection with	4491
the provision of dental services;	4492

(8) Selling, prescribing, giving away, or administering drugs	4493
for other than legal and legitimate therapeutic purposes, or	4494
conviction of, a plea of guilty to, a judicial finding of guilt	4495
of, a judicial finding of guilt resulting from a plea of no	4496
contest to, or a judicial finding of eligibility for intervention	4497
in lieu of conviction for, a violation of any federal or state law	4498
regulating the possession, distribution, or use of any drug;	4499

(9) Providing or allowing dental hygienists, expanded	4500
function dental auxiliaries, or other practitioners of auxiliary	4501
dental occupations working under the certificate or license	4502
holder's supervision, or a dentist holding a temporary limited	4503
continuing education license under division (C) of section 4715.16	4504
of the Revised Code working under the certificate or license	4505
holder's direct supervision, to provide dental care that departs	4506
from or fails to conform to accepted standards for the profession,	4507
whether or not injury to a patient results;	4508

(10) Inability to practice under accepted standards of the	4509
profession because of physical or mental disability, dependence on	4510
alcohol or other drugs, or excessive use of alcohol or other	4511
drugs;	4512

(11) Violation of any provision of this chapter or any rule	4513
adopted thereunder;	4514

(12) Failure to use universal blood and body fluid	4515
precautions established by rules adopted under section 4715.03 of	4516
the Revised Code;	4517

(13) Except as provided in division (H) of this section,	4518
either of the following:	4519

(a) Waiving the payment of all or any part of a deductible or	4520
copayment that a patient, pursuant to a health insurance or health	4521
care policy, contract, or plan that covers dental services, would	4522
otherwise be required to pay if the waiver is used as an	4523
enticement to a patient or group of patients to receive health	4524
care services from that certificate or license holder;	4525

(b) Advertising that the certificate or license holder will	4526
waive the payment of all or any part of a deductible or copayment	4527
that a patient, pursuant to a health insurance or health care	4528
policy, contract, or plan that covers dental services, would	4529
otherwise be required to pay.	4530

(14) Failure to comply with section 4715.302 or 4729.79 of	4531
the Revised Code, unless the state board of pharmacy no longer	4532
maintains a drug database pursuant to section 4729.75 of the	4533
Revised Code;	4534

(15) Any of the following actions taken by an agency	4535
responsible for authorizing, certifying, or regulating an	4536
individual to practice a health care occupation or provide health	4537
care services in this state or another jurisdiction, for any	4538
reason other than the nonpayment of fees: the limitation,	4539
revocation, or suspension of an individual's license to practice;	4540
acceptance of an individual's license surrender; denial of a	4541
license; refusal to renew or reinstate a license; imposition of	4542
probation; or issuance of an order of censure or other reprimand;	4543

(16) Failure to cooperate in an investigation conducted by	4544
the board under division (D) of section 4715.03 of the Revised	4545
Code, including failure to comply with a subpoena or order issued	4546
by the board or failure to answer truthfully a question presented	4547
by the board at a deposition or in written interrogatories, except	4548
that failure to cooperate with an investigation shall not	4549
constitute grounds for discipline under this section if a court of	4550
competent jurisdiction has issued an order that either quashes a	4551
subpoena or permits the individual to withhold the testimony or	4552
evidence in issue;	4553

(17) Failure to comply with the requirements in section	4554
3719.061 of the Revised Code before issuing tofor a minor a	4555
prescription for ~~a controlled substance containing~~ an opioid	4556
analgesic, as defined in section 3719.01 of the Revised Code.	4557

(B) A manager, proprietor, operator, or conductor of a dental	4558
facility shall be subject to disciplinary action if any dentist,	4559
dental hygienist, expanded function dental auxiliary, or qualified	4560
personnel providing services in the facility is found to have	4561
committed a violation listed in division (A) of this section and	4562
the manager, proprietor, operator, or conductor knew of the	4563
violation and permitted it to occur on a recurring basis.	4564

(C) Subject to Chapter 119. of the Revised Code, the board	4565
may take one or more of the following disciplinary actions if one	4566
or more of the grounds for discipline listed in divisions (A) and	4567
(B) of this section exist:	4568

(1) Censure the license or certificate holder;

4569

(2) Place the license or certificate on probationary status	4570
for such period of time the board determines necessary and require	4571
the holder to:	4572

(a) Report regularly to the board upon the matters which are	4573
the basis of probation;	4574

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

4575

(c) Continue or renew professional education until a	4576
satisfactory degree of knowledge or clinical competency has been	4577
attained in specified areas.	4578

(3) Suspend the certificate or license;

4579

(4) Revoke the certificate or license.

4580

Where the board places a holder of a license or certificate	4581
on probationary status pursuant to division (C)(2) of this	4582
section, the board may subsequently suspend or revoke the license	4583
or certificate if it determines that the holder has not met the	4584
requirements of the probation or continues to engage in activities	4585
that constitute grounds for discipline pursuant to division (A) or	4586
(B) of this section.	4587

Any order suspending a license or certificate shall state the	4588
conditions under which the license or certificate will be	4589
restored, which may include a conditional restoration during which	4590
time the holder is in a probationary status pursuant to division	4591
(C)(2) of this section. The board shall restore the license or	4592
certificate unconditionally when such conditions are met.	4593

(D) If the physical or mental condition of an applicant or a	4594
license or certificate holder is at issue in a disciplinary	4595
proceeding, the board may order the license or certificate holder	4596
to submit to reasonable examinations by an individual designated	4597
or approved by the board and at the board's expense. The physical	4598
examination may be conducted by any individual authorized by the	4599
Revised Code to do so, including a physician assistant, a clinical	4600
nurse specialist, a certified nurse practitioner, or a certified	4601
nurse-midwife. Any written documentation of the physical	4602
examination shall be completed by the individual who conducted the	4603
examination.	4604

Failure to comply with an order for an examination shall be	4605
grounds for refusal of a license or certificate or summary	4606
suspension of a license or certificate under division (E) of this	4607
section.	4608

(E) If a license or certificate holder has failed to comply	4609
with an order under division (D) of this section, the board may	4610
apply to the court of common pleas of the county in which the	4611
holder resides for an order temporarily suspending the holder's	4612
license or certificate, without a prior hearing being afforded by	4613
the board, until the board conducts an adjudication hearing	4614
pursuant to Chapter 119. of the Revised Code. If the court	4615
temporarily suspends a holder's license or certificate, the board	4616
shall give written notice of the suspension personally or by	4617
certified mail to the license or certificate holder. Such notice	4618
shall inform the license or certificate holder of the right to a	4619
hearing pursuant to Chapter 119. of the Revised Code.	4620

(F) Any holder of a certificate or license issued under this	4621
chapter who has pleaded guilty to, has been convicted of, or has	4622
had a judicial finding of eligibility for intervention in lieu of	4623
conviction entered against the holder in this state for aggravated	4624
murder, murder, voluntary manslaughter, felonious assault,	4625
kidnapping, rape, sexual battery, gross sexual imposition,	4626
aggravated arson, aggravated robbery, or aggravated burglary, or	4627
who has pleaded guilty to, has been convicted of, or has had a	4628
judicial finding of eligibility for treatment or intervention in	4629
lieu of conviction entered against the holder in another	4630
jurisdiction for any substantially equivalent criminal offense, is	4631
automatically suspended from practice under this chapter in this	4632
state and any certificate or license issued to the holder under	4633
this chapter is automatically suspended, as of the date of the	4634
guilty plea, conviction, or judicial finding, whether the	4635
proceedings are brought in this state or another jurisdiction.	4636
Continued practice by an individual after the suspension of the	4637
individual's certificate or license under this division shall be	4638
considered practicing without a certificate or license. The board	4639
shall notify the suspended individual of the suspension of the	4640
individual's certificate or license under this division by	4641
certified mail or in person in accordance with section 119.07 of	4642
the Revised Code. If an individual whose certificate or license is	4643
suspended under this division fails to make a timely request for	4644
an adjudicatory hearing, the board shall enter a final order	4645
revoking the individual's certificate or license.	4646

(G) If the supervisory investigative panel determines both of	4647
the following, the panel may recommend that the board suspend an	4648
individual's certificate or license without a prior hearing:	4649

(1) That there is clear and convincing evidence that an	4650
individual has violated division (A) of this section;	4651

(2) That the individual's continued practice presents a	4652
danger of immediate and serious harm to the public.	4653

Written allegations shall be prepared for consideration by	4654
the board. The board, upon review of those allegations and by an	4655
affirmative vote of not fewer than four dentist members of the	4656
board and seven of its members in total, excluding any member on	4657
the supervisory investigative panel, may suspend a certificate or	4658
license without a prior hearing. A telephone conference call may	4659
be utilized for reviewing the allegations and taking the vote on	4660
the summary suspension.	4661

The board shall issue a written order of suspension by	4662
certified mail or in person in accordance with section 119.07 of	4663
the Revised Code. The order shall not be subject to suspension by	4664
the court during pendency or any appeal filed under section 119.12	4665
of the Revised Code. If the individual subject to the summary	4666
suspension requests an adjudicatory hearing by the board, the date	4667
set for the hearing shall be within fifteen days, but not earlier	4668
than seven days, after the individual requests the hearing, unless	4669
otherwise agreed to by both the board and the individual.	4670

Any summary suspension imposed under this division shall	4671
remain in effect, unless reversed on appeal, until a final	4672
adjudicative order issued by the board pursuant to this section	4673
and Chapter 119. of the Revised Code becomes effective. The board	4674
shall issue its final adjudicative order within seventy-five days	4675
after completion of its hearing. A failure to issue the order	4676
within seventy-five days shall result in dissolution of the	4677
summary suspension order but shall not invalidate any subsequent,	4678
final adjudicative order.	4679

(H) Sanctions shall not be imposed under division (A)(13) of	4680
this section against any certificate or license holder who waives	4681
deductibles and copayments as follows:	4682

(1) In compliance with the health benefit plan that expressly	4683
allows such a practice. Waiver of the deductibles or copayments	4684
shall be made only with the full knowledge and consent of the plan	4685
purchaser, payer, and third-party administrator. Documentation of	4686
the consent shall be made available to the board upon request.	4687

(2) For professional services rendered to any other person	4688
who holds a certificate or license issued pursuant to this chapter	4689
to the extent allowed by this chapter and the rules of the board.	4690

(I) In no event shall the board consider or raise during a	4691
hearing required by Chapter 119. of the Revised Code the	4692
circumstances of, or the fact that the board has received, one or	4693
more complaints about a person unless the one or more complaints	4694
are the subject of the hearing or resulted in the board taking an	4695
action authorized by this section against the person on a prior	4696
occasion.	4697

(J) The board may share any information it receives pursuant	4698
to an investigation under division (D) of section 4715.03 of the	4699
Revised Code, including patient records and patient record	4700
information, with law enforcement agencies, other licensing	4701
boards, and other governmental agencies that are prosecuting,	4702
adjudicating, or investigating alleged violations of statutes or	4703
administrative rules. An agency or board that receives the	4704
information shall comply with the same requirements regarding	4705
confidentiality as those with which the state dental board must	4706
comply, notwithstanding any conflicting provision of the Revised	4707
Code or procedure of the agency or board that applies when it is	4708
dealing with other information in its possession. In a judicial	4709
proceeding, the information may be admitted into evidence only in	4710
accordance with the Rules of Evidence, but the court shall require	4711
that appropriate measures are taken to ensure that confidentiality	4712
is maintained with respect to any part of the information that	4713
contains names or other identifying information about patients or	4714
complainants whose confidentiality was protected by the state	4715
dental board when the information was in the board's possession.	4716
Measures to ensure confidentiality that may be taken by the court	4717
include sealing its records or deleting specific information from	4718
its records.	4719

Sec. 4715.302. (A) As used in this section~~, "drug~~:

4720

(1) "Drug database" means the database established and	4721
maintained by the state board of pharmacy pursuant to section	4722
4729.75 of the Revised Code.	4723

(2) "Opioid analgesic" and "benzodiazepine" have the same	4724
meanings as in section 3719.01 of the Revised Code.	4725

(B) Except as provided in divisions (C) and (E) of this	4726
section, a dentist shall comply with all of the following as	4727
conditions of prescribing a drug that is either an opioid	4728
analgesic or a benzodiazepine, or personally furnishing a complete	4729
or partial supply of such a drug, as part of a patient's course of	4730
treatment for a particular condition:	4731

(1) Before initially prescribing or furnishing the drug, the	4732
dentist or the dentist's delegate shall request from the drug	4733
database a report of information related to the patient that	4734
covers at least the twelve months immediately preceding the date	4735
of the request. If the dentist practices primarily in a county of	4736
this state that adjoins another state, the dentist or delegate	4737
also shall request a report of any information available in the	4738
drug database that pertains to prescriptions issued or drugs	4739
furnished to the patient in the state adjoining that county.	4740

(2) If the patient's course of treatment for the condition	4741
continues for more than ninety days after the initial report is	4742
requested, the dentist or delegate shall make periodic requests	4743
for reports of information from the drug database until the course	4744
of treatment has ended. The requests shall be made at intervals	4745
not exceeding ninety days, determined according to the date the	4746
initial request was made. The request shall be made in the same	4747
manner provided in division (B)(1) of this section for requesting	4748
the initial report of information from the drug database.	4749

(3) On receipt of a report under division (B)(1) or (2) of	4750
this section, the dentist shall assess the information in the	4751
report. The dentist shall document in the patient's record that	4752
the report was received and the information was assessed.	4753

(C)(1) Division (B) of this section does not apply if a drug	4754
database report regarding the patient is not available. In this	4755
event, the dentist shall document in the patient's record the	4756
reason that the report is not available.	4757

(2) Division (B) of this section does not apply if the drug	4758
is prescribed or personally furnished in an amount indicated for a	4759
period not to exceed seven days.	4760

(D) ~~With respect to prescribing or personally furnishing any~~	4761
~~drug that is not an opioid analgesic or a benzodiazepine but is~~	4762
~~included in the drug database pursuant to rules adopted under~~	4763
~~section 4729.84 of the Revised Code, the~~The state dental board	4764
~~shall~~may adopt rules that establish standards and procedures to	4765
be followed by a dentist regarding the review of patient	4766
information available through the drug database under division	4767
(A)(5) of section 4729.80 of the Revised Code. The rules shall be	4768
adopted in accordance with Chapter 119. of the Revised Code.	4769

(E) This section and ~~the~~any rules adopted under it do not	4770
apply if the state board of pharmacy no longer maintains the drug	4771
database.	4772

Sec. 4723.28. (A) The board of nursing, by a vote of a	4773
quorum, may impose one or more of the following sanctions if it	4774
finds that a person committed fraud in passing an examination	4775
required to obtain a license, certificate of authority, or	4776
dialysis technician certificate issued by the board or to have	4777
committed fraud, misrepresentation, or deception in applying for	4778
or securing any nursing license, certificate of authority, or	4779
dialysis technician certificate issued by the board: deny, revoke,	4780
suspend, or place restrictions on any nursing license, certificate	4781
of authority, or dialysis technician certificate issued by the	4782
board; reprimand or otherwise discipline a holder of a nursing	4783
license, certificate of authority, or dialysis technician	4784
certificate; or impose a fine of not more than five hundred	4785
dollars per violation.	4786

(B) The board of nursing, by a vote of a quorum, may impose	4787
one or more of the following sanctions: deny, revoke, suspend, or	4788
place restrictions on any nursing license, certificate of	4789
authority, or dialysis technician certificate issued by the board;	4790
reprimand or otherwise discipline a holder of a nursing license,	4791
certificate of authority, or dialysis technician certificate; or	4792
impose a fine of not more than five hundred dollars per violation.	4793
The sanctions may be imposed for any of the following:	4794

(1) Denial, revocation, suspension, or restriction of	4795
authority to engage in a licensed profession or practice a health	4796
care occupation, including nursing or practice as a dialysis	4797
technician, for any reason other than a failure to renew, in Ohio	4798
or another state or jurisdiction;	4799

(2) Engaging in the practice of nursing or engaging in	4800
practice as a dialysis technician, having failed to renew a	4801
nursing license or dialysis technician certificate issued under	4802
this chapter, or while a nursing license or dialysis technician	4803
certificate is under suspension;	4804

(3) Conviction of, a plea of guilty to, a judicial finding of	4805
guilt of, a judicial finding of guilt resulting from a plea of no	4806
contest to, or a judicial finding of eligibility for a pretrial	4807
diversion or similar program or for intervention in lieu of	4808
conviction for, a misdemeanor committed in the course of practice;	4809

(4) Conviction of, a plea of guilty to, a judicial finding of	4810
guilt of, a judicial finding of guilt resulting from a plea of no	4811
contest to, or a judicial finding of eligibility for a pretrial	4812
diversion or similar program or for intervention in lieu of	4813
conviction for, any felony or of any crime involving gross	4814
immorality or moral turpitude;	4815

(5) Selling, giving away, or administering drugs or	4816
therapeutic devices for other than legal and legitimate	4817
therapeutic purposes; or conviction of, a plea of guilty to, a	4818
judicial finding of guilt of, a judicial finding of guilt	4819
resulting from a plea of no contest to, or a judicial finding of	4820
eligibility for a pretrial diversion or similar program or for	4821
intervention in lieu of conviction for, violating any municipal,	4822
state, county, or federal drug law;	4823

(6) Conviction of, a plea of guilty to, a judicial finding of	4824
guilt of, a judicial finding of guilt resulting from a plea of no	4825
contest to, or a judicial finding of eligibility for a pretrial	4826
diversion or similar program or for intervention in lieu of	4827
conviction for, an act in another jurisdiction that would	4828
constitute a felony or a crime of moral turpitude in Ohio;	4829

(7) Conviction of, a plea of guilty to, a judicial finding of	4830
guilt of, a judicial finding of guilt resulting from a plea of no	4831
contest to, or a judicial finding of eligibility for a pretrial	4832
diversion or similar program or for intervention in lieu of	4833
conviction for, an act in the course of practice in another	4834
jurisdiction that would constitute a misdemeanor in Ohio;	4835

(8) Self-administering or otherwise taking into the body any	4836
dangerous drug, as defined in section 4729.01 of the Revised Code,	4837
in any way that is not in accordance with a legal, valid	4838
prescription issued for that individual, or self-administering or	4839
otherwise taking into the body any drug that is a schedule I	4840
controlled substance;	4841

(9) Habitual or excessive use of controlled substances, other	4842
habit-forming drugs, or alcohol or other chemical substances to an	4843
extent that impairs the individual's ability to provide safe	4844
nursing care or safe dialysis care;	4845

(10) Impairment of the ability to practice according to	4846
acceptable and prevailing standards of safe nursing care or safe	4847
dialysis care because of the use of drugs, alcohol, or other	4848
chemical substances;	4849

(11) Impairment of the ability to practice according to	4850
acceptable and prevailing standards of safe nursing care or safe	4851
dialysis care because of a physical or mental disability;	4852

(12) Assaulting or causing harm to a patient or depriving a	4853
patient of the means to summon assistance;	4854

(13) Misappropriation or attempted misappropriation of money	4855
or anything of value in the course of practice;	4856

(14) Adjudication by a probate court of being mentally ill or	4857
mentally incompetent. The board may reinstate the person's nursing	4858
license or dialysis technician certificate upon adjudication by a	4859
probate court of the person's restoration to competency or upon	4860
submission to the board of other proof of competency.	4861

(15) The suspension or termination of employment by the	4862
department of defense or the veterans administration of the United	4863
States for any act that violates or would violate this chapter;	4864

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

4865

(17) Violation of any restrictions placed by the board on a	4866
nursing license or dialysis technician certificate;	4867

(18) Failure to use universal and standard precautions	4868
established by rules adopted under section 4723.07 of the Revised	4869
Code;	4870

(19) Failure to practice in accordance with acceptable and	4871
prevailing standards of safe nursing care or safe dialysis care;	4872

(20) In the case of a registered nurse, engaging in	4873
activities that exceed the practice of nursing as a registered	4874
nurse;	4875

(21) In the case of a licensed practical nurse, engaging in	4876
activities that exceed the practice of nursing as a licensed	4877
practical nurse;	4878

(22) In the case of a dialysis technician, engaging in	4879
activities that exceed those permitted under section 4723.72 of	4880
the Revised Code;	4881

(23) Aiding and abetting a person in that person's practice	4882
of nursing without a license or practice as a dialysis technician	4883
without a certificate issued under this chapter;	4884

(24) In the case of a certified registered nurse anesthetist,	4885
clinical nurse specialist, certified nurse-midwife, or certified	4886
nurse practitioner, except as provided in division (M) of this	4887
section, either of the following:	4888

(a) Waiving the payment of all or any part of a deductible or	4889
copayment that a patient, pursuant to a health insurance or health	4890
care policy, contract, or plan that covers such nursing services,	4891
would otherwise be required to pay if the waiver is used as an	4892
enticement to a patient or group of patients to receive health	4893
care services from that provider;	4894

(b) Advertising that the nurse will waive the payment of all	4895
or any part of a deductible or copayment that a patient, pursuant	4896
to a health insurance or health care policy, contract, or plan	4897
that covers such nursing services, would otherwise be required to	4898
pay.	4899

(25) Failure to comply with the terms and conditions of	4900
participation in the chemical dependency monitoring program	4901
established under section 4723.35 of the Revised Code;	4902

(26) Failure to comply with the terms and conditions required	4903
under the practice intervention and improvement program	4904
established under section 4723.282 of the Revised Code;	4905

(27) In the case of a certified registered nurse anesthetist,	4906
clinical nurse specialist, certified nurse-midwife, or certified	4907
nurse practitioner:	4908

(a) Engaging in activities that exceed those permitted for	4909
the nurse's nursing specialty under section 4723.43 of the Revised	4910
Code;	4911

(b) Failure to meet the quality assurance standards	4912
established under section 4723.07 of the Revised Code.	4913

(28) In the case of a clinical nurse specialist, certified	4914
nurse-midwife, or certified nurse practitioner, failure to	4915
maintain a standard care arrangement in accordance with section	4916
4723.431 of the Revised Code or to practice in accordance with the	4917
standard care arrangement;	4918

(29) In the case of a clinical nurse specialist, certified	4919
nurse-midwife, or certified nurse practitioner who holds a	4920
certificate to prescribe issued under section 4723.48 of the	4921
Revised Code, failure to prescribe drugs and therapeutic devices	4922
in accordance with section 4723.481 of the Revised Code;	4923

(30) Prescribing any drug or device to perform or induce an	4924
abortion, or otherwise performing or inducing an abortion;	4925

(31) Failure to establish and maintain professional	4926
boundaries with a patient, as specified in rules adopted under	4927
section 4723.07 of the Revised Code;	4928

(32) Regardless of whether the contact or verbal behavior is	4929
consensual, engaging with a patient other than the spouse of the	4930
registered nurse, licensed practical nurse, or dialysis technician	4931
in any of the following:	4932

(a) Sexual contact, as defined in section 2907.01 of the	4933
Revised Code;	4934

(b) Verbal behavior that is sexually demeaning to the patient	4935
or may be reasonably interpreted by the patient as sexually	4936
demeaning.	4937

(33) Assisting suicide, as defined in section 3795.01 of the	4938
Revised Code;	4939

(34) Failure to comply with the requirements in section	4940
3719.061 of the Revised Code before issuing tofor a minor a	4941
prescription for ~~a controlled substance containing~~ an opioid.	4942
analgesic, as defined in section 3719.01 of the Revised Code;	4943

~~(34)~~(35) Failure to comply with section 4723.487 of the	4944
Revised Code, unless the state board of pharmacy no longer	4945
maintains a drug database pursuant to section 4729.75 of the	4946
Revised Code.	4947

(C) Disciplinary actions taken by the board under divisions	4948
(A) and (B) of this section shall be taken pursuant to an	4949
adjudication conducted under Chapter 119. of the Revised Code,	4950
except that in lieu of a hearing, the board may enter into a	4951
consent agreement with an individual to resolve an allegation of a	4952
violation of this chapter or any rule adopted under it. A consent	4953
agreement, when ratified by a vote of a quorum, shall constitute	4954
the findings and order of the board with respect to the matter	4955
addressed in the agreement. If the board refuses to ratify a	4956
consent agreement, the admissions and findings contained in the	4957
agreement shall be of no effect.	4958

(D) The hearings of the board shall be conducted in	4959
accordance with Chapter 119. of the Revised Code, the board may	4960
appoint a hearing examiner, as provided in section 119.09 of the	4961
Revised Code, to conduct any hearing the board is authorized to	4962
hold under Chapter 119. of the Revised Code.	4963

In any instance in which the board is required under Chapter	4964
119. of the Revised Code to give notice of an opportunity for a	4965
hearing and the applicant, licensee, or certificate holder does	4966
not make a timely request for a hearing in accordance with section	4967
119.07 of the Revised Code, the board is not required to hold a	4968
hearing, but may adopt, by a vote of a quorum, a final order that	4969
contains the board's findings. In the final order, the board may	4970
order any of the sanctions listed in division (A) or (B) of this	4971
section.	4972

(E) If a criminal action is brought against a registered	4973
nurse, licensed practical nurse, or dialysis technician for an act	4974
or crime described in divisions (B)(3) to (7) of this section and	4975
the action is dismissed by the trial court other than on the	4976
merits, the board shall conduct an adjudication to determine	4977
whether the registered nurse, licensed practical nurse, or	4978
dialysis technician committed the act on which the action was	4979
based. If the board determines on the basis of the adjudication	4980
that the registered nurse, licensed practical nurse, or dialysis	4981
technician committed the act, or if the registered nurse, licensed	4982
practical nurse, or dialysis technician fails to participate in	4983
the adjudication, the board may take action as though the	4984
registered nurse, licensed practical nurse, or dialysis technician	4985
had been convicted of the act.	4986

If the board takes action on the basis of a conviction, plea,	4987
or a judicial finding as described in divisions (B)(3) to (7) of	4988
this section that is overturned on appeal, the registered nurse,	4989
licensed practical nurse, or dialysis technician may, on	4990
exhaustion of the appeal process, petition the board for	4991
reconsideration of its action. On receipt of the petition and	4992
supporting court documents, the board shall temporarily rescind	4993
its action. If the board determines that the decision on appeal	4994
was a decision on the merits, it shall permanently rescind its	4995
action. If the board determines that the decision on appeal was	4996
not a decision on the merits, it shall conduct an adjudication to	4997
determine whether the registered nurse, licensed practical nurse,	4998
or dialysis technician committed the act on which the original	4999
conviction, plea, or judicial finding was based. If the board	5000
determines on the basis of the adjudication that the registered	5001
nurse, licensed practical nurse, or dialysis technician committed	5002
such act, or if the registered nurse, licensed practical nurse, or	5003
dialysis technician does not request an adjudication, the board	5004
shall reinstate its action; otherwise, the board shall permanently	5005
rescind its action.	5006

Notwithstanding the provision of division (C)(2) of section	5007
2953.32 of the Revised Code specifying that if records pertaining	5008
to a criminal case are sealed under that section the proceedings	5009
in the case shall be deemed not to have occurred, sealing of the	5010
following records on which the board has based an action under	5011
this section shall have no effect on the board's action or any	5012
sanction imposed by the board under this section: records of any	5013
conviction, guilty plea, judicial finding of guilt resulting from	5014
a plea of no contest, or a judicial finding of eligibility for a	5015
pretrial diversion program or intervention in lieu of conviction.	5016

The board shall not be required to seal, destroy, redact, or	5017
otherwise modify its records to reflect the court's sealing of	5018
conviction records.	5019

(F) The board may investigate an individual's criminal	5020
background in performing its duties under this section. As part of	5021
such investigation, the board may order the individual to submit,	5022
at the individual's expense, a request to the bureau of criminal	5023
identification and investigation for a criminal records check and	5024
check of federal bureau of investigation records in accordance	5025
with the procedure described in section 4723.091 of the Revised	5026
Code.	5027

(G) During the course of an investigation conducted under	5028
this section, the board may compel any registered nurse, licensed	5029
practical nurse, or dialysis technician or applicant under this	5030
chapter to submit to a mental or physical examination, or both, as	5031
required by the board and at the expense of the individual, if the	5032
board finds reason to believe that the individual under	5033
investigation may have a physical or mental impairment that may	5034
affect the individual's ability to provide safe nursing care.	5035
Failure of any individual to submit to a mental or physical	5036
examination when directed constitutes an admission of the	5037
allegations, unless the failure is due to circumstances beyond the	5038
individual's control, and a default and final order may be entered	5039
without the taking of testimony or presentation of evidence.	5040

If the board finds that an individual is impaired, the board	5041
shall require the individual to submit to care, counseling, or	5042
treatment approved or designated by the board, as a condition for	5043
initial, continued, reinstated, or renewed authority to practice.	5044
The individual shall be afforded an opportunity to demonstrate to	5045
the board that the individual can begin or resume the individual's	5046
occupation in compliance with acceptable and prevailing standards	5047
of care under the provisions of the individual's authority to	5048
practice.	5049

For purposes of this division, any registered nurse, licensed	5050
practical nurse, or dialysis technician or applicant under this	5051
chapter shall be deemed to have given consent to submit to a	5052
mental or physical examination when directed to do so in writing	5053
by the board, and to have waived all objections to the	5054
admissibility of testimony or examination reports that constitute	5055
a privileged communication.	5056

(H) The board shall investigate evidence that appears to show	5057
that any person has violated any provision of this chapter or any	5058
rule of the board. Any person may report to the board any	5059
information the person may have that appears to show a violation	5060
of any provision of this chapter or rule of the board. In the	5061
absence of bad faith, any person who reports such information or	5062
who testifies before the board in any adjudication conducted under	5063
Chapter 119. of the Revised Code shall not be liable for civil	5064
damages as a result of the report or testimony.	5065

(I) All of the following apply under this chapter with	5066
respect to the confidentiality of information:	5067

(1) Information received by the board pursuant to a complaint	5068
or an investigation is confidential and not subject to discovery	5069
in any civil action, except that the board may disclose	5070
information to law enforcement officers and government entities	5071
for purposes of an investigation of either a licensed health care	5072
professional, including a registered nurse, licensed practical	5073
nurse, or dialysis technician, or a person who may have engaged in	5074
the unauthorized practice of nursing or dialysis care. No law	5075
enforcement officer or government entity with knowledge of any	5076
information disclosed by the board pursuant to this division shall	5077
divulge the information to any other person or government entity	5078
except for the purpose of a government investigation, a	5079
prosecution, or an adjudication by a court or government entity.	5080

(2) If an investigation requires a review of patient records,	5081
the investigation and proceeding shall be conducted in such a	5082
manner as to protect patient confidentiality.	5083

(3) All adjudications and investigations of the board shall	5084
be considered civil actions for the purposes of section 2305.252	5085
of the Revised Code.	5086

(4) Any board activity that involves continued monitoring of	5087
an individual as part of or following any disciplinary action	5088
taken under this section shall be conducted in a manner that	5089
maintains the individual's confidentiality. Information received	5090
or maintained by the board with respect to the board's monitoring	5091
activities is not subject to discovery in any civil action and is	5092
confidential, except that the board may disclose information to	5093
law enforcement officers and government entities for purposes of	5094
an investigation of a licensee or certificate holder.	5095

(J) Any action taken by the board under this section	5096
resulting in a suspension from practice shall be accompanied by a	5097
written statement of the conditions under which the person may be	5098
reinstated to practice.	5099

(K) When the board refuses to grant a license or certificate	5100
to an applicant, revokes a license or certificate, or refuses to	5101
reinstate a license or certificate, the board may specify that its	5102
action is permanent. An individual subject to permanent action	5103
taken by the board is forever ineligible to hold a license or	5104
certificate of the type that was refused or revoked and the board	5105
shall not accept from the individual an application for	5106
reinstatement of the license or certificate or for a new license	5107
or certificate.	5108

(L) No unilateral surrender of a nursing license, certificate	5109
of authority, or dialysis technician certificate issued under this	5110
chapter shall be effective unless accepted by majority vote of the	5111
board. No application for a nursing license, certificate of	5112
authority, or dialysis technician certificate issued under this	5113
chapter may be withdrawn without a majority vote of the board. The	5114
board's jurisdiction to take disciplinary action under this	5115
section is not removed or limited when an individual has a license	5116
or certificate classified as inactive or fails to renew a license	5117
or certificate.	5118

(M) Sanctions shall not be imposed under division (B)(24) of	5119
this section against any licensee who waives deductibles and	5120
copayments as follows:	5121

(1) In compliance with the health benefit plan that expressly	5122
allows such a practice. Waiver of the deductibles or copayments	5123
shall be made only with the full knowledge and consent of the plan	5124
purchaser, payer, and third-party administrator. Documentation of	5125
the consent shall be made available to the board upon request.	5126

(2) For professional services rendered to any other person	5127
licensed pursuant to this chapter to the extent allowed by this	5128
chapter and the rules of the board.	5129

Sec. 4723.487. (A) As used in this section~~, "drug~~:

5130

(1) "Drug database" means the database established and	5131
maintained by the state board of pharmacy pursuant to section	5132
4729.75 of the Revised Code.	5133

(2) "Opioid analgesic" and "benzodiazepine" have the same	5134
meanings as in section 3719.01 of the Revised Code.	5135

(B) Except as provided in divisions (C) and (E) of this	5136
section, an advanced practice registered nurse holding a	5137
certificate to prescribe issued under this chapter shall comply	5138
with all of the following as conditions of prescribing a drug that	5139
is either an opioid analgesic or a benzodiazepine as part of a	5140
patient's course of treatment for a particular condition:	5141

(1) Before initially prescribing the drug, the nurse or the	5142
nurse's delegate shall request from the drug database a report of	5143
information related to the patient that covers at least the twelve	5144
months immediately preceding the date of the request. If the nurse	5145
practices primarily in a county of this state that adjoins another	5146
state, the nurse or delegate also shall request a report of any	5147
information available in the drug database that pertains to	5148
prescriptions issued or drugs furnished to the patient in the	5149
state adjoining that county.	5150

(2) If the patient's course of treatment for the condition	5151
continues for more than ninety days after the initial report is	5152
requested, the nurse or delegate shall make periodic requests for	5153
reports of information from the drug database until the course of	5154
treatment has ended. The requests shall be made at intervals not	5155
exceeding ninety days, determined according to the date the	5156
initial request was made. The request shall be made in the same	5157
manner provided in division (B)(1) of this section for requesting	5158
the initial report of information from the drug database.	5159

(3) On receipt of a report under division (B)(1) or (2) of	5160
this section, the nurse shall assess the information in the	5161
report. The nurse shall document in the patient's record that the	5162
report was received and the information was assessed.	5163

(C) Division (B) of this section does not apply if in any of	5164
the following circumstances:	5165

(1) A drug database report regarding the patient is not	5166
available, in which case the nurse shall document in the patient's	5167
record the reason that the report is not available.	5168

(2) The drug is prescribed in an amount indicated for a	5169
period not to exceed seven days.	5170

(3) The drug is prescribed for the treatment of cancer or	5171
another condition associated with cancer.	5172

(4) The drug is prescribed to a hospice patient in a hospice	5173
care program, as those terms are defined in section 3712.01 of the	5174
Revised Code, or any other patient diagnosed as terminally ill.	5175

(5) The drug is prescribed for administration in a hospital,	5176
nursing home, or residential care facility.	5177

(D) ~~With respect to prescribing any drug that is not an~~	5178
~~opioid analgesic or a benzodiazepine but is included in the drug~~	5179
~~database pursuant to rules adopted under section 4729.84 of the~~	5180
~~Revised Code, the~~The board of nursing ~~shall~~may adopt rules, in	5181
accordance with Chapter 119. of the Revised Code, that establish	5182
standards and procedures to be followed by an advanced practice	5183
registered nurse with a certificate to prescribe issued under	5184
section 4723.48 of the Revised Code regarding the review of	5185
patient information available through the drug database under	5186
division (A)(5) of section 4729.80 of the Revised Code. The rules	5187
shall be adopted in accordance with Chapter 119. of the Revised	5188
Code.	5189

(E) This section and ~~the~~any rules adopted under it do not	5190
apply if the state board of pharmacy no longer maintains the drug	5191
database.	5192

Sec. 4725.092. (A) As used in this section, "drug database"	5193
means the database established and maintained by the state board	5194
of pharmacy pursuant to section 4729.75 of the Revised Code.	5195

(B) ~~Except as provided in divisions (C) and (E) of this~~	5196
~~section, an optometrist holding a therapeutic pharmaceutical~~	5197
~~agents certificate shall comply with all of the following as~~	5198
~~conditions of prescribing a drug that is either an opioid~~	5199
~~analgesic or a benzodiazepine, or personally furnishing a complete~~	5200
~~or partial supply of such a drug, as part of a patient's course of~~	5201
~~treatment for a particular condition:~~	5202

~~(1) Before initially prescribing or furnishing the drug, the~~	5203
~~optometrist or the optometrist's delegate shall request from the~~	5204
~~drug database a report of information related to the patient that~~	5205
~~covers at least the twelve months immediately preceding the date~~	5206
~~of the request. If the optometrist practices primarily in a county~~	5207
~~of this state that adjoins another state, the optometrist or~~	5208
~~delegate also shall request a report of any information available~~	5209
~~in the drug database that pertains to prescriptions issued or~~	5210
~~drugs furnished to the patient in the state adjoining that county.~~	5211

~~(2) If the patient's course of treatment for the condition~~	5212
~~continues for more than ninety days after the initial report is~~	5213
~~requested, the optometrist or delegate shall make periodic~~	5214
~~requests for reports of information from the drug database until~~	5215
~~the course of treatment has ended. The requests shall be made at~~	5216
~~intervals not exceeding ninety days, determined according to the~~	5217
~~date the initial request was made. The request shall be made in~~	5218
~~the same manner provided in division (B)(1) of this section for~~	5219
~~requesting the initial report of information from the drug~~	5220
~~database.~~	5221

~~(3) On receipt of a report under division (B)(1) or (2) of~~	5222
~~this section, the optometrist shall assess the information in the~~	5223
~~report. The optometrist shall document in the patient's record~~	5224
~~that the report was received and the information was assessed.~~	5225

~~(C)(1) Division (B) of this section does not apply if a drug~~	5226
~~database report regarding the patient is not available. In this~~	5227
~~event, the optometrist shall document in the patient's record the~~	5228
~~reason that the report is not available.~~	5229

~~(2) Division (B) of this section does not apply if the drug~~	5230
~~is prescribed or personally furnished in an amount indicated for a~~	5231
~~period not to exceed seven days.~~	5232

~~(D) With respect to prescribing or personally furnishing any~~	5233
~~drug that is not an opioid analgesic or a benzodiazepine but is~~	5234
~~included in the drug database pursuant to rules adopted under~~	5235
~~section 4729.84 of the Revised Code, the~~The state board of	5236
optometry shall adopt rules that establish standards and	5237
procedures to be followed by an optometrist who holds a	5238
therapeutic pharmaceutical agents certificate regarding the review	5239
of patient information available through the drug database under	5240
division (A)(5) of section 4729.80 of the Revised Code. The rules	5241
shall be adopted in accordance with Chapter 119. of the Revised	5242
Code.	5243

~~(E)~~(C) This section and the rules adopted under it do not	5244
apply if the state board of pharmacy no longer maintains the drug	5245
database.	5246

Sec. 4725.19. (A) In accordance with Chapter 119. of the	5247
Revised Code and by an affirmative vote of a majority of its	5248
members, the state board of optometry, for any of the reasons	5249
specified in division (B) of this section, shall refuse to grant a	5250
certificate of licensure to an applicant and may, with respect to	5251
a licensed optometrist, do one or more of the following:	5252

(1) Suspend the operation of any certificate of licensure,	5253
topical ocular pharmaceutical agents certificate, or therapeutic	5254
pharmaceutical agents certificate, or all certificates granted by	5255
it to the optometrist;	5256

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

5257

(3) Limit or otherwise place restrictions on any or all of	5258
the certificates;	5259

(4) Reprimand the optometrist;

5260

(5) Impose a monetary penalty. If the reason for which the	5261
board is imposing the penalty involves a criminal offense that	5262
carries a fine under the Revised Code, the penalty shall not	5263
exceed the maximum fine that may be imposed for the criminal	5264
offense. In any other case, the penalty imposed by the board shall	5265
not exceed five hundred dollars.	5266

(6) Require the optometrist to take corrective action	5267
courses.	5268

The amount and content of corrective action courses shall be	5269
established by the board in rules adopted under section 4725.09 of	5270
the Revised Code.	5271

(B) The sanctions specified in division (A) of this section	5272
may be taken by the board for any of the following reasons:	5273

(1) Committing fraud in passing the licensing examination or	5274
making false or purposely misleading statements in an application	5275
for a certificate of licensure;	5276

(2) Being at any time guilty of immorality, regardless of the	5277
jurisdiction in which the act was committed;	5278

(3) Being guilty of dishonesty or unprofessional conduct in	5279
the practice of optometry;	5280

(4) Being at any time guilty of a felony, regardless of the	5281
jurisdiction in which the act was committed;	5282

(5) Being at any time guilty of a misdemeanor committed in	5283
the course of practice, regardless of the jurisdiction in which	5284
the act was committed;	5285

(6) Violating the conditions of any limitation or other	5286
restriction placed by the board on any certificate issued by the	5287
board;	5288

(7) Engaging in the practice of optometry as provided in	5289
division (A)(1), (2), or (3) of section 4725.01 of the Revised	5290
Code when the certificate authorizing that practice is under	5291
suspension, in which case the board shall permanently revoke the	5292
certificate;	5293

(8) Being denied a license to practice optometry in another	5294
state or country or being subject to any other sanction by the	5295
optometric licensing authority of another state or country, other	5296
than sanctions imposed for the nonpayment of fees;	5297

(9) Departing from or failing to conform to acceptable and	5298
prevailing standards of care in the practice of optometry as	5299
followed by similar practitioners under the same or similar	5300
circumstances, regardless of whether actual injury to a patient is	5301
established;	5302

(10) Failing to maintain comprehensive patient records;

5303

(11) Advertising a price of optical accessories, eye	5304
examinations, or other products or services by any means that	5305
would deceive or mislead the public;	5306

(12) Being addicted to the use of alcohol, stimulants,	5307
narcotics, or any other substance which impairs the intellect and	5308
judgment to such an extent as to hinder or diminish the	5309
performance of the duties included in the person's practice of	5310
optometry;	5311

(13) Engaging in the practice of optometry as provided in	5312
division (A)(2) or (3) of section 4725.01 of the Revised Code	5313
without authority to do so or, if authorized, in a manner	5314
inconsistent with the authority granted;	5315

(14) Failing to make a report to the board as required by	5316
division (A) of section 4725.21 or section 4725.31 of the Revised	5317
Code;	5318

(15) Soliciting patients from door to door or establishing	5319
temporary offices, in which case the board shall suspend all	5320
certificates held by the optometrist;	5321

(16) ~~Failing to comply with section 4725.092 of the Revised~~	5322
~~Code, unless the state board of pharmacy no longer maintains a~~	5323
~~drug database pursuant to section 4729.75 of the Revised Code;~~	5324

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

5325

(a) Waiving the payment of all or any part of a deductible or	5326
copayment that a patient, pursuant to a health insurance or health	5327
care policy, contract, or plan that covers optometric services,	5328
would otherwise be required to pay if the waiver is used as an	5329
enticement to a patient or group of patients to receive health	5330
care services from that optometrist.	5331

(b) Advertising that the optometrist will waive the payment	5332
of all or any part of a deductible or copayment that a patient,	5333
pursuant to a health insurance or health care policy, contract, or	5334
plan that covers optometric services, would otherwise be required	5335
to pay.	5336

(17) Failing to comply with the requirements in section	5337
3719.061 of the Revised Code before issuing tofor a minor a	5338
prescription for ~~a controlled substance containing~~an analgesic	5339
controlled substance authorized pursuant to section 4725.091 of	5340
the Revised Code that is an opioid analgesic, as defined in	5341
section 3719.01 of the Revised Code.	5342

(C) Any person who is the holder of a certificate of	5343
licensure, or who is an applicant for a certificate of licensure	5344
against whom is preferred any charges, shall be furnished by the	5345
board with a copy of the complaint and shall have a hearing before	5346
the board in accordance with Chapter 119. of the Revised Code.	5347

(D) Sanctions shall not be imposed under division (B)(17) of	5348
this section against any optometrist who waives deductibles and	5349
copayments:	5350

(1) In compliance with the health benefit plan that expressly	5351
allows such a practice. Waiver of the deductibles or copayments	5352
shall be made only with the full knowledge and consent of the plan	5353
purchaser, payer, and third-party administrator. Documentation of	5354
the consent shall be made available to the board upon request.	5355

(2) For professional services rendered to any other	5356
optometrist licensed by the board, to the extent allowed by	5357
sections 4725.01 to 4725.34 of the Revised Code and the rules of	5358
the board.	5359

Sec. 4730.25. (A) The state medical board, by an affirmative	5360
vote of not fewer than six members, may revoke or may refuse to	5361
grant a certificate to practice as a physician assistant or a	5362
certificate to prescribe to a person found by the board to have	5363
committed fraud, misrepresentation, or deception in applying for	5364
or securing the certificate.	5365

(B) The board, by an affirmative vote of not fewer than six	5366
members, shall, to the extent permitted by law, limit, revoke, or	5367
suspend an individual's certificate to practice as a physician	5368
assistant or certificate to prescribe, refuse to issue a	5369
certificate to an applicant, refuse to reinstate a certificate, or	5370
reprimand or place on probation the holder of a certificate for	5371
any of the following reasons:	5372

(1) Failure to practice in accordance with the conditions	5373
under which the supervising physician's supervision agreement with	5374
the physician assistant was approved, including the requirement	5375
that when practicing under a particular supervising physician, the	5376
physician assistant must practice only according to the physician	5377
supervisory plan the board approved for that physician or the	5378
policies of the health care facility in which the supervising	5379
physician and physician assistant are practicing;	5380

(2) Failure to comply with the requirements of this chapter,	5381
Chapter 4731. of the Revised Code, or any rules adopted by the	5382
board;	5383

(3) Violating or attempting to violate, directly or	5384
indirectly, or assisting in or abetting the violation of, or	5385
conspiring to violate, any provision of this chapter, Chapter	5386
4731. of the Revised Code, or the rules adopted by the board;	5387

(4) Inability to practice according to acceptable and	5388
prevailing standards of care by reason of mental illness or	5389
physical illness, including physical deterioration that adversely	5390
affects cognitive, motor, or perceptive skills;	5391

(5) Impairment of ability to practice according to acceptable	5392
and prevailing standards of care because of habitual or excessive	5393
use or abuse of drugs, alcohol, or other substances that impair	5394
ability to practice;	5395

(6) Administering drugs for purposes other than those	5396
authorized under this chapter;	5397

(7) Willfully betraying a professional confidence;

5398

(8) Making a false, fraudulent, deceptive, or misleading	5399
statement in soliciting or advertising for employment as a	5400
physician assistant; in connection with any solicitation or	5401
advertisement for patients; in relation to the practice of	5402
medicine as it pertains to physician assistants; or in securing or	5403
attempting to secure a certificate to practice as a physician	5404
assistant, a certificate to prescribe, or approval of a	5405
supervision agreement.	5406

As used in this division, "false, fraudulent, deceptive, or	5407
misleading statement" means a statement that includes a	5408
misrepresentation of fact, is likely to mislead or deceive because	5409
of a failure to disclose material facts, is intended or is likely	5410
to create false or unjustified expectations of favorable results,	5411
or includes representations or implications that in reasonable	5412
probability will cause an ordinarily prudent person to	5413
misunderstand or be deceived.	5414

(9) Representing, with the purpose of obtaining compensation	5415
or other advantage personally or for any other person, that an	5416
incurable disease or injury, or other incurable condition, can be	5417
permanently cured;	5418

(10) The obtaining of, or attempting to obtain, money or	5419
anything of value by fraudulent misrepresentations in the course	5420
of practice;	5421

(11) A plea of guilty to, a judicial finding of guilt of, or	5422
a judicial finding of eligibility for intervention in lieu of	5423
conviction for, a felony;	5424

(12) Commission of an act that constitutes a felony in this	5425
state, regardless of the jurisdiction in which the act was	5426
committed;	5427

(13) A plea of guilty to, a judicial finding of guilt of, or	5428
a judicial finding of eligibility for intervention in lieu of	5429
conviction for, a misdemeanor committed in the course of practice;	5430

(14) A plea of guilty to, a judicial finding of guilt of, or	5431
a judicial finding of eligibility for intervention in lieu of	5432
conviction for, a misdemeanor involving moral turpitude;	5433

(15) Commission of an act in the course of practice that	5434
constitutes a misdemeanor in this state, regardless of the	5435
jurisdiction in which the act was committed;	5436

(16) Commission of an act involving moral turpitude that	5437
constitutes a misdemeanor in this state, regardless of the	5438
jurisdiction in which the act was committed;	5439

(17) A plea of guilty to, a judicial finding of guilt of, or	5440
a judicial finding of eligibility for intervention in lieu of	5441
conviction for violating any state or federal law regulating the	5442
possession, distribution, or use of any drug, including	5443
trafficking in drugs;	5444

(18) Any of the following actions taken by the state agency	5445
responsible for regulating the practice of physician assistants in	5446
another state, for any reason other than the nonpayment of fees:	5447
the limitation, revocation, or suspension of an individual's	5448
license to practice; acceptance of an individual's license	5449
surrender; denial of a license; refusal to renew or reinstate a	5450
license; imposition of probation; or issuance of an order of	5451
censure or other reprimand;	5452

(19) A departure from, or failure to conform to, minimal	5453
standards of care of similar physician assistants under the same	5454
or similar circumstances, regardless of whether actual injury to a	5455
patient is established;	5456

(20) Violation of the conditions placed by the board on a	5457
certificate to practice as a physician assistant, a certificate to	5458
prescribe, a physician supervisory plan, or supervision agreement;	5459

(21) Failure to use universal blood and body fluid	5460
precautions established by rules adopted under section 4731.051 of	5461
the Revised Code;	5462

(22) Failure to cooperate in an investigation conducted by	5463
the board under section 4730.26 of the Revised Code, including	5464
failure to comply with a subpoena or order issued by the board or	5465
failure to answer truthfully a question presented by the board at	5466
a deposition or in written interrogatories, except that failure to	5467
cooperate with an investigation shall not constitute grounds for	5468
discipline under this section if a court of competent jurisdiction	5469
has issued an order that either quashes a subpoena or permits the	5470
individual to withhold the testimony or evidence in issue;	5471

(23) Assisting suicide, as defined in section 3795.01 of the	5472
Revised Code;	5473

(24) Prescribing any drug or device to perform or induce an	5474
abortion, or otherwise performing or inducing an abortion;	5475

(25) Failure to comply with section 4730.53 of the Revised	5476
Code, unless the board no longer maintains a drug database	5477
pursuant to section 4729.75 of the Revised Code;	5478

~~(25)~~(26) Failure to comply with the requirements in section	5479
3719.061 of the Revised Code before issuing tofor a minor a	5480
prescription for ~~a controlled substance containing~~ an opioid	5481
analgesic, as defined in section 3719.01 of the Revised Code.	5482

(C) Disciplinary actions taken by the board under divisions	5483
(A) and (B) of this section shall be taken pursuant to an	5484
adjudication under Chapter 119. of the Revised Code, except that	5485
in lieu of an adjudication, the board may enter into a consent	5486
agreement with a physician assistant or applicant to resolve an	5487
allegation of a violation of this chapter or any rule adopted	5488
under it. A consent agreement, when ratified by an affirmative	5489
vote of not fewer than six members of the board, shall constitute	5490
the findings and order of the board with respect to the matter	5491
addressed in the agreement. If the board refuses to ratify a	5492
consent agreement, the admissions and findings contained in the	5493
consent agreement shall be of no force or effect.	5494

(D) For purposes of divisions (B)(12), (15), and (16) of this	5495
section, the commission of the act may be established by a finding	5496
by the board, pursuant to an adjudication under Chapter 119. of	5497
the Revised Code, that the applicant or certificate holder	5498
committed the act in question. The board shall have no	5499
jurisdiction under these divisions in cases where the trial court	5500
renders a final judgment in the certificate holder's favor and	5501
that judgment is based upon an adjudication on the merits. The	5502
board shall have jurisdiction under these divisions in cases where	5503
the trial court issues an order of dismissal upon technical or	5504
procedural grounds.	5505

(E) The sealing of conviction records by any court shall have	5506
no effect upon a prior board order entered under the provisions of	5507
this section or upon the board's jurisdiction to take action under	5508
the provisions of this section if, based upon a plea of guilty, a	5509
judicial finding of guilt, or a judicial finding of eligibility	5510
for intervention in lieu of conviction, the board issued a notice	5511
of opportunity for a hearing prior to the court's order to seal	5512
the records. The board shall not be required to seal, destroy,	5513
redact, or otherwise modify its records to reflect the court's	5514
sealing of conviction records.	5515

(F) For purposes of this division, any individual who holds a	5516
certificate issued under this chapter, or applies for a	5517
certificate issued under this chapter, shall be deemed to have	5518
given consent to submit to a mental or physical examination when	5519
directed to do so in writing by the board and to have waived all	5520
objections to the admissibility of testimony or examination	5521
reports that constitute a privileged communication.	5522

(1) In enforcing division (B)(4) of this section, the board,	5523
upon a showing of a possible violation, may compel any individual	5524
who holds a certificate issued under this chapter or who has	5525
applied for a certificate pursuant to this chapter to submit to a	5526
mental examination, physical examination, including an HIV test,	5527
or both a mental and physical examination. The expense of the	5528
examination is the responsibility of the individual compelled to	5529
be examined. Failure to submit to a mental or physical examination	5530
or consent to an HIV test ordered by the board constitutes an	5531
admission of the allegations against the individual unless the	5532
failure is due to circumstances beyond the individual's control,	5533
and a default and final order may be entered without the taking of	5534
testimony or presentation of evidence. If the board finds a	5535
physician assistant unable to practice because of the reasons set	5536
forth in division (B)(4) of this section, the board shall require	5537
the physician assistant to submit to care, counseling, or	5538
treatment by physicians approved or designated by the board, as a	5539
condition for an initial, continued, reinstated, or renewed	5540
certificate. An individual affected under this division shall be	5541
afforded an opportunity to demonstrate to the board the ability to	5542
resume practicing in compliance with acceptable and prevailing	5543
standards of care.	5544

(2) For purposes of division (B)(5) of this section, if the	5545
board has reason to believe that any individual who holds a	5546
certificate issued under this chapter or any applicant for a	5547
certificate suffers such impairment, the board may compel the	5548
individual to submit to a mental or physical examination, or both.	5549
The expense of the examination is the responsibility of the	5550
individual compelled to be examined. Any mental or physical	5551
examination required under this division shall be undertaken by a	5552
treatment provider or physician qualified to conduct such	5553
examination and chosen by the board.	5554

Failure to submit to a mental or physical examination ordered	5555
by the board constitutes an admission of the allegations against	5556
the individual unless the failure is due to circumstances beyond	5557
the individual's control, and a default and final order may be	5558
entered without the taking of testimony or presentation of	5559
evidence. If the board determines that the individual's ability to	5560
practice is impaired, the board shall suspend the individual's	5561
certificate or deny the individual's application and shall require	5562
the individual, as a condition for initial, continued, reinstated,	5563
or renewed certification to practice or prescribe, to submit to	5564
treatment.	5565

Before being eligible to apply for reinstatement of a	5566
certificate suspended under this division, the physician assistant	5567
shall demonstrate to the board the ability to resume practice or	5568
prescribing in compliance with acceptable and prevailing standards	5569
of care. The demonstration shall include the following:	5570

(a) Certification from a treatment provider approved under	5571
section 4731.25 of the Revised Code that the individual has	5572
successfully completed any required inpatient treatment;	5573

(b) Evidence of continuing full compliance with an aftercare	5574
contract or consent agreement;	5575

(c) Two written reports indicating that the individual's	5576
ability to practice has been assessed and that the individual has	5577
been found capable of practicing according to acceptable and	5578
prevailing standards of care. The reports shall be made by	5579
individuals or providers approved by the board for making such	5580
assessments and shall describe the basis for their determination.	5581

The board may reinstate a certificate suspended under this	5582
division after such demonstration and after the individual has	5583
entered into a written consent agreement.	5584

When the impaired physician assistant resumes practice or	5585
prescribing, the board shall require continued monitoring of the	5586
physician assistant. The monitoring shall include compliance with	5587
the written consent agreement entered into before reinstatement or	5588
with conditions imposed by board order after a hearing, and, upon	5589
termination of the consent agreement, submission to the board for	5590
at least two years of annual written progress reports made under	5591
penalty of falsification stating whether the physician assistant	5592
has maintained sobriety.	5593

(G) If the secretary and supervising member determine that	5594
there is clear and convincing evidence that a physician assistant	5595
has violated division (B) of this section and that the	5596
individual's continued practice or prescribing presents a danger	5597
of immediate and serious harm to the public, they may recommend	5598
that the board suspend the individual's certificate to practice or	5599
prescribe without a prior hearing. Written allegations shall be	5600
prepared for consideration by the board.	5601

The board, upon review of those allegations and by an	5602
affirmative vote of not fewer than six of its members, excluding	5603
the secretary and supervising member, may suspend a certificate	5604
without a prior hearing. A telephone conference call may be	5605
utilized for reviewing the allegations and taking the vote on the	5606
summary suspension.	5607

The board shall issue a written order of suspension by	5608
certified mail or in person in accordance with section 119.07 of	5609
the Revised Code. The order shall not be subject to suspension by	5610
the court during pendency of any appeal filed under section 119.12	5611
of the Revised Code. If the physician assistant requests an	5612
adjudicatory hearing by the board, the date set for the hearing	5613
shall be within fifteen days, but not earlier than seven days,	5614
after the physician assistant requests the hearing, unless	5615
otherwise agreed to by both the board and the certificate holder.	5616

A summary suspension imposed under this division shall remain	5617
in effect, unless reversed on appeal, until a final adjudicative	5618
order issued by the board pursuant to this section and Chapter	5619
119. of the Revised Code becomes effective. The board shall issue	5620
its final adjudicative order within sixty days after completion of	5621
its hearing. Failure to issue the order within sixty days shall	5622
result in dissolution of the summary suspension order, but shall	5623
not invalidate any subsequent, final adjudicative order.	5624

(H) If the board takes action under division (B)(11), (13),	5625
or (14) of this section, and the judicial finding of guilt, guilty	5626
plea, or judicial finding of eligibility for intervention in lieu	5627
of conviction is overturned on appeal, upon exhaustion of the	5628
criminal appeal, a petition for reconsideration of the order may	5629
be filed with the board along with appropriate court documents.	5630
Upon receipt of a petition and supporting court documents, the	5631
board shall reinstate the certificate to practice or prescribe.	5632
The board may then hold an adjudication under Chapter 119. of the	5633
Revised Code to determine whether the individual committed the act	5634
in question. Notice of opportunity for hearing shall be given in	5635
accordance with Chapter 119. of the Revised Code. If the board	5636
finds, pursuant to an adjudication held under this division, that	5637
the individual committed the act, or if no hearing is requested,	5638
it may order any of the sanctions identified under division (B) of	5639
this section.	5640

(I) The certificate to practice issued to a physician	5641
assistant and the physician assistant's practice in this state are	5642
automatically suspended as of the date the physician assistant	5643
pleads guilty to, is found by a judge or jury to be guilty of, or	5644
is subject to a judicial finding of eligibility for intervention	5645
in lieu of conviction in this state or treatment or intervention	5646
in lieu of conviction in another state for any of the following	5647
criminal offenses in this state or a substantially equivalent	5648
criminal offense in another jurisdiction: aggravated murder,	5649
murder, voluntary manslaughter, felonious assault, kidnapping,	5650
rape, sexual battery, gross sexual imposition, aggravated arson,	5651
aggravated robbery, or aggravated burglary. Continued practice	5652
after the suspension shall be considered practicing without a	5653
certificate.	5654

The board shall notify the individual subject to the	5655
suspension by certified mail or in person in accordance with	5656
section 119.07 of the Revised Code. If an individual whose	5657
certificate is suspended under this division fails to make a	5658
timely request for an adjudication under Chapter 119. of the	5659
Revised Code, the board shall enter a final order permanently	5660
revoking the individual's certificate to practice.	5661

(J) In any instance in which the board is required by Chapter	5662
119. of the Revised Code to give notice of opportunity for hearing	5663
and the individual subject to the notice does not timely request a	5664
hearing in accordance with section 119.07 of the Revised Code, the	5665
board is not required to hold a hearing, but may adopt, by an	5666
affirmative vote of not fewer than six of its members, a final	5667
order that contains the board's findings. In that final order, the	5668
board may order any of the sanctions identified under division (A)	5669
or (B) of this section.	5670

(K) Any action taken by the board under division (B) of this	5671
section resulting in a suspension shall be accompanied by a	5672
written statement of the conditions under which the physician	5673
assistant's certificate may be reinstated. The board shall adopt	5674
rules in accordance with Chapter 119. of the Revised Code	5675
governing conditions to be imposed for reinstatement.	5676
Reinstatement of a certificate suspended pursuant to division (B)	5677
of this section requires an affirmative vote of not fewer than six	5678
members of the board.	5679

(L) When the board refuses to grant to an applicant a	5680
certificate to practice as a physician assistant or a certificate	5681
to prescribe, revokes an individual's certificate, refuses to	5682
issue a certificate, or refuses to reinstate an individual's	5683
certificate, the board may specify that its action is permanent.	5684
An individual subject to a permanent action taken by the board is	5685
forever thereafter ineligible to hold the certificate and the	5686
board shall not accept an application for reinstatement of the	5687
certificate or for issuance of a new certificate.	5688

(M) Notwithstanding any other provision of the Revised Code,	5689
all of the following apply:	5690

(1) The surrender of a certificate issued under this chapter	5691
is not effective unless or until accepted by the board.	5692
Reinstatement of a certificate surrendered to the board requires	5693
an affirmative vote of not fewer than six members of the board.	5694

(2) An application made under this chapter for a certificate,	5695
approval of a physician supervisory plan, or approval of a	5696
supervision agreement may not be withdrawn without approval of the	5697
board.	5698

(3) Failure by an individual to renew a certificate in	5699
accordance with section 4730.14 or section 4730.48 of the Revised	5700
Code shall not remove or limit the board's jurisdiction to take	5701
disciplinary action under this section against the individual.	5702

Sec. 4730.53. (A) As used in this section~~, "drug~~:

5703

(1) "Drug database" means the database established and	5704
maintained by the state board of pharmacy pursuant to section	5705
4729.75 of the Revised Code.	5706

(2) "Opioid analgesic" and "benzodiazepine" have the same	5707
meanings as in section 3719.01 of the Revised Code.	5708

(B) Except as provided in divisions (C) and (E) of this	5709
section, a physician assistant holding a certificate to prescribe	5710
issued under this chapter shall comply with all of the following	5711
as conditions of prescribing a drug that is either an opioid	5712
analgesic or a benzodiazepine as part of a patient's course of	5713
treatment for a particular condition:	5714

(1) Before initially prescribing the drug, the physician	5715
assistant or the physician assistant's delegate shall request from	5716
the drug database a report of information related to the patient	5717
that covers at least the twelve months immediately preceding the	5718
date of the request. If the physician assistant practices	5719
primarily in a county of this state that adjoins another state,	5720
the physician assistant or delegate also shall request a report of	5721
any information available in the drug database that pertains to	5722
prescriptions issued or drugs furnished to the patient in the	5723
state adjoining that county.	5724

(2) If the patient's course of treatment for the condition	5725
continues for more than ninety days after the initial report is	5726
requested, the physician assistant or delegate shall make periodic	5727
requests for reports of information from the drug database until	5728
the course of treatment has ended. The requests shall be made at	5729
intervals not exceeding ninety days, determined according to the	5730
date the initial request was made. The request shall be made in	5731
the same manner provided in division (B)(1) of this section for	5732
requesting the initial report of information from the drug	5733
database.	5734

(3) On receipt of a report under division (B)(1) or (2) of	5735
this section, the physician assistant shall assess the information	5736
in the report. The physician assistant shall document in the	5737
patient's record that the report was received and the information	5738
was assessed.	5739

(C) Division (B) of this section does not apply in any of the	5740
following circumstances:	5741

(1) A drug database report regarding the patient is not	5742
available, in which case the physician assistant shall document in	5743
the patient's record the reason that the report is not available.	5744

(2) The drug is prescribed in an amount indicated for a	5745
period not to exceed seven days.	5746

(3) The drug is prescribed for the treatment of cancer or	5747
another condition associated with cancer.	5748

(4) The drug is prescribed to a hospice patient in a hospice	5749
care program, as those terms are defined in section 3712.01 of the	5750
Revised Code, or any other patient diagnosed as terminally ill.	5751

(5) The drug is prescribed for administration in a hospital,	5752
nursing home, or residential care facility.	5753

(D) ~~With respect to prescribing any drug that is not an~~	5754
~~opioid analgesic or a benzodiazepine but is included in the drug~~	5755
~~database pursuant to rules adopted under section 4729.84 of the~~	5756
~~Revised Code, the~~The state medical board ~~shall~~may adopt rules	5757
that establish standards and procedures to be followed by a	5758
physician assistant who holds a certificate to prescribe issued	5759
under this chapter regarding the review of patient information	5760
available through the drug database under division (A)(5) of	5761
section 4729.80 of the Revised Code. The rules shall be adopted in	5762
accordance with Chapter 119. of the Revised Code.	5763

(E) This section and ~~the~~any rules adopted under it do not	5764
apply if the state board of pharmacy no longer maintains the drug	5765
database.	5766

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

5767

(1) "Drug database" means the database established and	5768
maintained by the state board of pharmacy pursuant to section	5769
4729.75 of the Revised Code.	5770

(2) "Physician" means an individual authorized under this	5771
chapter to practice medicine and surgery, osteopathic medicine and	5772
surgery, or podiatric medicine and surgery.	5773

(3) "Opioid analgesic" and "benzodiazepine" have the same	5774
meanings as in section 3719.01 of the Revised Code.	5775

(B) Except as provided in divisions (C) and (E) of this	5776
section, a physician shall comply with all of the following as	5777
conditions of prescribing a drug that is either an opioid	5778
analgesic or a benzodiazepine, or personally furnishing a complete	5779
or partial supply of such a drug, as part of a patient's course of	5780
treatment for a particular condition:	5781

(1) Before initially prescribing or furnishing the drug, the	5782
physician or the physician's delegate shall request from the drug	5783
database a report of information related to the patient that	5784
covers at least the twelve months immediately preceding the date	5785
of the request. If the physician practices primarily in a county	5786
of this state that adjoins another state, the physician or	5787
delegate also shall request a report of any information available	5788
in the drug database that pertains to prescriptions issued or	5789
drugs furnished to the patient in the state adjoining that county.	5790

(2) If the patient's course of treatment for the condition	5791
continues for more than ninety days after the initial report is	5792
requested, the physician or delegate shall make periodic requests	5793
for reports of information from the drug database until the course	5794
of treatment has ended. The requests shall be made at intervals	5795
not exceeding ninety days, determined according to the date the	5796
initial request was made. The request shall be made in the same	5797
manner provided in division (B)(1) of this section for requesting	5798
the initial report of information from the drug database.	5799

(3) On receipt of a report under division (B)(1) or (2) of	5800
this section, the physician shall assess the information in the	5801
report. The physician shall document in the patient's record that	5802
the report was received and the information was assessed.	5803

(C) Division (B) of this section does not apply in any of the	5804
following circumstances:	5805

(1) A drug database report regarding the patient is not	5806
available, in which case the physician shall document in the	5807
patient's record the reason that the report is not available.	5808

(2) The drug is prescribed or personally furnished in an	5809
amount indicated for a period not to exceed seven days.	5810

(3) The drug is prescribed or personally furnished for the	5811
treatment of cancer or another condition associated with cancer.	5812

(4) The drug is prescribed or personally furnished to a	5813
hospice patient in a hospice care program, as those terms are	5814
defined in section 3712.01 of the Revised Code, or any other	5815
patient diagnosed as terminally ill.	5816

(5) The drug is prescribed or personally furnished for	5817
administration in a hospital, nursing home, or residential care	5818
facility.	5819

(6) The drug is prescribed or personally furnished to treat	5820
acute pain resulting from a surgical or other invasive procedure	5821
or a delivery.	5822

(D) ~~With respect to prescribing or personally furnishing any~~	5823
~~drug that is not an opioid analgesic or a benzodiazepine but is~~	5824
~~included in the drug database pursuant to rules adopted under~~	5825
~~section 4729.84 of the Revised Code, the~~The state medical board	5826
~~shall~~may adopt rules that establish standards and procedures to	5827
be followed by a physician regarding the review of patient	5828
information available through the drug database under division	5829
(A)(5) of section 4729.80 of the Revised Code. The rules shall be	5830
adopted in accordance with Chapter 119. of the Revised Code.	5831

(E) This section and ~~the~~any rules adopted under it do not	5832
apply if the state board of pharmacy no longer maintains the drug	5833
database.	5834

Sec. 4731.22. (A) The state medical board, by an affirmative	5835
vote of not fewer than six of its members, may limit, revoke, or	5836
suspend an individual's certificate to practice, refuse to grant a	5837
certificate to an individual, refuse to register an individual,	5838
refuse to reinstate a certificate, or reprimand or place on	5839
probation the holder of a certificate if the individual or	5840
certificate holder is found by the board to have committed fraud	5841
during the administration of the examination for a certificate to	5842
practice or to have committed fraud, misrepresentation, or	5843
deception in applying for or securing any certificate to practice	5844
or certificate of registration issued by the board.	5845

(B) The board, by an affirmative vote of not fewer than six	5846
members, shall, to the extent permitted by law, limit, revoke, or	5847
suspend an individual's certificate to practice, refuse to	5848
register an individual, refuse to reinstate a certificate, or	5849
reprimand or place on probation the holder of a certificate for	5850
one or more of the following reasons:	5851

(1) Permitting one's name or one's certificate to practice or	5852
certificate of registration to be used by a person, group, or	5853
corporation when the individual concerned is not actually	5854
directing the treatment given;	5855

(2) Failure to maintain minimal standards applicable to the	5856
selection or administration of drugs, or failure to employ	5857
acceptable scientific methods in the selection of drugs or other	5858
modalities for treatment of disease;	5859

(3) Selling, giving away, personally furnishing, prescribing,	5860
or administering drugs for other than legal and legitimate	5861
therapeutic purposes or a plea of guilty to, a judicial finding of	5862
guilt of, or a judicial finding of eligibility for intervention in	5863
lieu of conviction of, a violation of any federal or state law	5864
regulating the possession, distribution, or use of any drug;	5865

(4) Willfully betraying a professional confidence.

5866

For purposes of this division, "willfully betraying a	5867
professional confidence" does not include providing any	5868
information, documents, or reports to a child fatality review	5869
board under sections 307.621 to 307.629 of the Revised Code and	5870
does not include the making of a report of an employee's use of a	5871
drug of abuse, or a report of a condition of an employee other	5872
than one involving the use of a drug of abuse, to the employer of	5873
the employee as described in division (B) of section 2305.33 of	5874
the Revised Code. Nothing in this division affects the immunity	5875
from civil liability conferred by that section upon a physician	5876
who makes either type of report in accordance with division (B) of	5877
that section. As used in this division, "employee," "employer,"	5878
and "physician" have the same meanings as in section 2305.33 of	5879
the Revised Code.	5880

(5) Making a false, fraudulent, deceptive, or misleading	5881
statement in the solicitation of or advertising for patients; in	5882
relation to the practice of medicine and surgery, osteopathic	5883
medicine and surgery, podiatric medicine and surgery, or a limited	5884
branch of medicine; or in securing or attempting to secure any	5885
certificate to practice or certificate of registration issued by	5886
the board.	5887

As used in this division, "false, fraudulent, deceptive, or	5888
misleading statement" means a statement that includes a	5889
misrepresentation of fact, is likely to mislead or deceive because	5890
of a failure to disclose material facts, is intended or is likely	5891
to create false or unjustified expectations of favorable results,	5892
or includes representations or implications that in reasonable	5893
probability will cause an ordinarily prudent person to	5894
misunderstand or be deceived.	5895

(6) A departure from, or the failure to conform to, minimal	5896
standards of care of similar practitioners under the same or	5897
similar circumstances, whether or not actual injury to a patient	5898
is established;	5899

(7) Representing, with the purpose of obtaining compensation	5900
or other advantage as personal gain or for any other person, that	5901
an incurable disease or injury, or other incurable condition, can	5902
be permanently cured;	5903

(8) The obtaining of, or attempting to obtain, money or	5904
anything of value by fraudulent misrepresentations in the course	5905
of practice;	5906

(9) A plea of guilty to, a judicial finding of guilt of, or a	5907
judicial finding of eligibility for intervention in lieu of	5908
conviction for, a felony;	5909

(10) Commission of an act that constitutes a felony in this	5910
state, regardless of the jurisdiction in which the act was	5911
committed;	5912

(11) A plea of guilty to, a judicial finding of guilt of, or	5913
a judicial finding of eligibility for intervention in lieu of	5914
conviction for, a misdemeanor committed in the course of practice;	5915

(12) Commission of an act in the course of practice that	5916
constitutes a misdemeanor in this state, regardless of the	5917
jurisdiction in which the act was committed;	5918

(13) A plea of guilty to, a judicial finding of guilt of, or	5919
a judicial finding of eligibility for intervention in lieu of	5920
conviction for, a misdemeanor involving moral turpitude;	5921

(14) Commission of an act involving moral turpitude that	5922
constitutes a misdemeanor in this state, regardless of the	5923
jurisdiction in which the act was committed;	5924

(15) Violation of the conditions of limitation placed by the	5925
board upon a certificate to practice;	5926

(16) Failure to pay license renewal fees specified in this	5927
chapter;	5928

(17) Except as authorized in section 4731.31 of the Revised	5929
Code, engaging in the division of fees for referral of patients,	5930
or the receiving of a thing of value in return for a specific	5931
referral of a patient to utilize a particular service or business;	5932

(18) Subject to section 4731.226 of the Revised Code,	5933
violation of any provision of a code of ethics of the American	5934
medical association, the American osteopathic association, the	5935
American podiatric medical association, or any other national	5936
professional organizations that the board specifies by rule. The	5937
state medical board shall obtain and keep on file current copies	5938
of the codes of ethics of the various national professional	5939
organizations. The individual whose certificate is being suspended	5940
or revoked shall not be found to have violated any provision of a	5941
code of ethics of an organization not appropriate to the	5942
individual's profession.	5943

For purposes of this division, a "provision of a code of	5944
ethics of a national professional organization" does not include	5945
any provision that would preclude the making of a report by a	5946
physician of an employee's use of a drug of abuse, or of a	5947
condition of an employee other than one involving the use of a	5948
drug of abuse, to the employer of the employee as described in	5949
division (B) of section 2305.33 of the Revised Code. Nothing in	5950
this division affects the immunity from civil liability conferred	5951
by that section upon a physician who makes either type of report	5952
in accordance with division (B) of that section. As used in this	5953
division, "employee," "employer," and "physician" have the same	5954
meanings as in section 2305.33 of the Revised Code.	5955

(19) Inability to practice according to acceptable and	5956
prevailing standards of care by reason of mental illness or	5957
physical illness, including, but not limited to, physical	5958
deterioration that adversely affects cognitive, motor, or	5959
perceptive skills.	5960

In enforcing this division, the board, upon a showing of a	5961
possible violation, may compel any individual authorized to	5962
practice by this chapter or who has submitted an application	5963
pursuant to this chapter to submit to a mental examination,	5964
physical examination, including an HIV test, or both a mental and	5965
a physical examination. The expense of the examination is the	5966
responsibility of the individual compelled to be examined. Failure	5967
to submit to a mental or physical examination or consent to an HIV	5968
test ordered by the board constitutes an admission of the	5969
allegations against the individual unless the failure is due to	5970
circumstances beyond the individual's control, and a default and	5971
final order may be entered without the taking of testimony or	5972
presentation of evidence. If the board finds an individual unable	5973
to practice because of the reasons set forth in this division, the	5974
board shall require the individual to submit to care, counseling,	5975
or treatment by physicians approved or designated by the board, as	5976
a condition for initial, continued, reinstated, or renewed	5977
authority to practice. An individual affected under this division	5978
shall be afforded an opportunity to demonstrate to the board the	5979
ability to resume practice in compliance with acceptable and	5980
prevailing standards under the provisions of the individual's	5981
certificate. For the purpose of this division, any individual who	5982
applies for or receives a certificate to practice under this	5983
chapter accepts the privilege of practicing in this state and, by	5984
so doing, shall be deemed to have given consent to submit to a	5985
mental or physical examination when directed to do so in writing	5986
by the board, and to have waived all objections to the	5987
admissibility of testimony or examination reports that constitute	5988
a privileged communication.	5989

(20) Except when civil penalties are imposed under section	5990
4731.225 or 4731.281 of the Revised Code, and subject to section	5991
4731.226 of the Revised Code, violating or attempting to violate,	5992
directly or indirectly, or assisting in or abetting the violation	5993
of, or conspiring to violate, any provisions of this chapter or	5994
any rule promulgated by the board.	5995

This division does not apply to a violation or attempted	5996
violation of, assisting in or abetting the violation of, or a	5997
conspiracy to violate, any provision of this chapter or any rule	5998
adopted by the board that would preclude the making of a report by	5999
a physician of an employee's use of a drug of abuse, or of a	6000
condition of an employee other than one involving the use of a	6001
drug of abuse, to the employer of the employee as described in	6002
division (B) of section 2305.33 of the Revised Code. Nothing in	6003
this division affects the immunity from civil liability conferred	6004
by that section upon a physician who makes either type of report	6005
in accordance with division (B) of that section. As used in this	6006
division, "employee," "employer," and "physician" have the same	6007
meanings as in section 2305.33 of the Revised Code.	6008

(21) The violation of section 3701.79 of the Revised Code or	6009
of any abortion rule adopted by the public health council pursuant	6010
to section 3701.341 of the Revised Code;	6011

(22) Any of the following actions taken by an agency	6012
responsible for authorizing, certifying, or regulating an	6013
individual to practice a health care occupation or provide health	6014
care services in this state or another jurisdiction, for any	6015
reason other than the nonpayment of fees: the limitation,	6016
revocation, or suspension of an individual's license to practice;	6017
acceptance of an individual's license surrender; denial of a	6018
license; refusal to renew or reinstate a license; imposition of	6019
probation; or issuance of an order of censure or other reprimand;	6020

(23) The violation of section 2919.12 of the Revised Code or	6021
the performance or inducement of an abortion upon a pregnant woman	6022
with actual knowledge that the conditions specified in division	6023
(B) of section 2317.56 of the Revised Code have not been satisfied	6024
or with a heedless indifference as to whether those conditions	6025
have been satisfied, unless an affirmative defense as specified in	6026
division (H)(2) of that section would apply in a civil action	6027
authorized by division (H)(1) of that section;	6028

(24) The revocation, suspension, restriction, reduction, or	6029
termination of clinical privileges by the United States department	6030
of defense or department of veterans affairs or the termination or	6031
suspension of a certificate of registration to prescribe drugs by	6032
the drug enforcement administration of the United States	6033
department of justice;	6034

(25) Termination or suspension from participation in the	6035
medicare or medicaid programs by the department of health and	6036
human services or other responsible agency for any act or acts	6037
that also would constitute a violation of division (B)(2), (3),	6038
(6), (8), or (19) of this section;	6039

(26) Impairment of ability to practice according to	6040
acceptable and prevailing standards of care because of habitual or	6041
excessive use or abuse of drugs, alcohol, or other substances that	6042
impair ability to practice.	6043

For the purposes of this division, any individual authorized	6044
to practice by this chapter accepts the privilege of practicing in	6045
this state subject to supervision by the board. By filing an	6046
application for or holding a certificate to practice under this	6047
chapter, an individual shall be deemed to have given consent to	6048
submit to a mental or physical examination when ordered to do so	6049
by the board in writing, and to have waived all objections to the	6050
admissibility of testimony or examination reports that constitute	6051
privileged communications.	6052

If it has reason to believe that any individual authorized to	6053
practice by this chapter or any applicant for certification to	6054
practice suffers such impairment, the board may compel the	6055
individual to submit to a mental or physical examination, or both.	6056
The expense of the examination is the responsibility of the	6057
individual compelled to be examined. Any mental or physical	6058
examination required under this division shall be undertaken by a	6059
treatment provider or physician who is qualified to conduct the	6060
examination and who is chosen by the board.	6061

Failure to submit to a mental or physical examination ordered	6062
by the board constitutes an admission of the allegations against	6063
the individual unless the failure is due to circumstances beyond	6064
the individual's control, and a default and final order may be	6065
entered without the taking of testimony or presentation of	6066
evidence. If the board determines that the individual's ability to	6067
practice is impaired, the board shall suspend the individual's	6068
certificate or deny the individual's application and shall require	6069
the individual, as a condition for initial, continued, reinstated,	6070
or renewed certification to practice, to submit to treatment.	6071

Before being eligible to apply for reinstatement of a	6072
certificate suspended under this division, the impaired	6073
practitioner shall demonstrate to the board the ability to resume	6074
practice in compliance with acceptable and prevailing standards of	6075
care under the provisions of the practitioner's certificate. The	6076
demonstration shall include, but shall not be limited to, the	6077
following:	6078

(a) Certification from a treatment provider approved under	6079
section 4731.25 of the Revised Code that the individual has	6080
successfully completed any required inpatient treatment;	6081

(b) Evidence of continuing full compliance with an aftercare	6082
contract or consent agreement;	6083

(c) Two written reports indicating that the individual's	6084
ability to practice has been assessed and that the individual has	6085
been found capable of practicing according to acceptable and	6086
prevailing standards of care. The reports shall be made by	6087
individuals or providers approved by the board for making the	6088
assessments and shall describe the basis for their determination.	6089

The board may reinstate a certificate suspended under this	6090
division after that demonstration and after the individual has	6091
entered into a written consent agreement.	6092

When the impaired practitioner resumes practice, the board	6093
shall require continued monitoring of the individual. The	6094
monitoring shall include, but not be limited to, compliance with	6095
the written consent agreement entered into before reinstatement or	6096
with conditions imposed by board order after a hearing, and, upon	6097
termination of the consent agreement, submission to the board for	6098
at least two years of annual written progress reports made under	6099
penalty of perjury stating whether the individual has maintained	6100
sobriety.	6101

(27) A second or subsequent violation of section 4731.66 or	6102
4731.69 of the Revised Code;	6103

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

6104

(a) Waiving the payment of all or any part of a deductible or	6105
copayment that a patient, pursuant to a health insurance or health	6106
care policy, contract, or plan that covers the individual's	6107
services, otherwise would be required to pay if the waiver is used	6108
as an enticement to a patient or group of patients to receive	6109
health care services from that individual;	6110

(b) Advertising that the individual will waive the payment of	6111
all or any part of a deductible or copayment that a patient,	6112
pursuant to a health insurance or health care policy, contract, or	6113
plan that covers the individual's services, otherwise would be	6114
required to pay.	6115

(29) Failure to use universal blood and body fluid	6116
precautions established by rules adopted under section 4731.051 of	6117
the Revised Code;	6118

(30) Failure to provide notice to, and receive acknowledgment	6119
of the notice from, a patient when required by section 4731.143 of	6120
the Revised Code prior to providing nonemergency professional	6121
services, or failure to maintain that notice in the patient's	6122
file;	6123

(31) Failure of a physician supervising a physician assistant	6124
to maintain supervision in accordance with the requirements of	6125
Chapter 4730. of the Revised Code and the rules adopted under that	6126
chapter;	6127

(32) Failure of a physician or podiatrist to enter into a	6128
standard care arrangement with a clinical nurse specialist,	6129
certified nurse-midwife, or certified nurse practitioner with whom	6130
the physician or podiatrist is in collaboration pursuant to	6131
section 4731.27 of the Revised Code or failure to fulfill the	6132
responsibilities of collaboration after entering into a standard	6133
care arrangement;	6134

(33) Failure to comply with the terms of a consult agreement	6135
entered into with a pharmacist pursuant to section 4729.39 of the	6136
Revised Code;	6137

(34) Failure to cooperate in an investigation conducted by	6138
the board under division (F) of this section, including failure to	6139
comply with a subpoena or order issued by the board or failure to	6140
answer truthfully a question presented by the board in an	6141
investigative interview, an investigative office conference, at a	6142
deposition, or in written interrogatories, except that failure to	6143
cooperate with an investigation shall not constitute grounds for	6144
discipline under this section if a court of competent jurisdiction	6145
has issued an order that either quashes a subpoena or permits the	6146
individual to withhold the testimony or evidence in issue;	6147

(35) Failure to supervise an oriental medicine practitioner	6148
or acupuncturist in accordance with Chapter 4762. of the Revised	6149
Code and the board's rules for providing that supervision;	6150

(36) Failure to supervise an anesthesiologist assistant in	6151
accordance with Chapter 4760. of the Revised Code and the board's	6152
rules for supervision of an anesthesiologist assistant;	6153

(37) Assisting suicide, as defined in section 3795.01 of the	6154
Revised Code;	6155

(38) Failure to comply with the requirements of section	6156
2317.561 of the Revised Code;	6157

(39) Failure to supervise a radiologist assistant in	6158
accordance with Chapter 4774. of the Revised Code and the board's	6159
rules for supervision of radiologist assistants;	6160

(40) Performing or inducing an abortion at an office or	6161
facility with knowledge that the office or facility fails to post	6162
the notice required under section 3701.791 of the Revised Code;	6163

(41) Failure to comply with the standards and procedures	6164
established in rules under section 4731.054 of the Revised Code	6165
for the operation of or the provision of care at a pain management	6166
clinic;	6167

(42) Failure to comply with the standards and procedures	6168
established in rules under section 4731.054 of the Revised Code	6169
for providing supervision, direction, and control of individuals	6170
at a pain management clinic;	6171

(43) Failure to comply with the requirements of section	6172
4729.79 or 4731.055 of the Revised Code, unless the state board of	6173
pharmacy no longer maintains a drug database pursuant to section	6174
4729.75 of the Revised Code;	6175

(44) Failure to comply with the requirements of section	6176
2919.171 of the Revised Code or failure to submit to the	6177
department of health in accordance with a court order a complete	6178
report as described in section 2919.171 of the Revised Code;	6179

(45) Practicing at a facility that is subject to licensure as	6180
a category III terminal distributor of dangerous drugs with a pain	6181
management clinic classification unless the person operating the	6182
facility has obtained and maintains the license with the	6183
classification;	6184

(46) Owning a facility that is subject to licensure as a	6185
category III terminal distributor of dangerous drugs with a pain	6186
management clinic classification unless the facility is licensed	6187
with the classification;	6188

(47) Failure to comply with the requirement regarding	6189
maintaining notes described in division (B) of section 2919.191 of	6190
the Revised Code or failure to satisfy the requirements of section	6191
2919.191 of the Revised Code prior to performing or inducing an	6192
abortion upon a pregnant woman;	6193

(48) Failure to comply with the requirements in section	6194
3719.061 of the Revised Code before issuing tofor a minor a	6195
prescription for ~~a controlled substance containing~~ an opioid	6196
analgesic, as defined in section 3719.01 of the Revised Code.	6197

(C) Disciplinary actions taken by the board under divisions	6198
(A) and (B) of this section shall be taken pursuant to an	6199
adjudication under Chapter 119. of the Revised Code, except that	6200
in lieu of an adjudication, the board may enter into a consent	6201
agreement with an individual to resolve an allegation of a	6202
violation of this chapter or any rule adopted under it. A consent	6203
agreement, when ratified by an affirmative vote of not fewer than	6204
six members of the board, shall constitute the findings and order	6205
of the board with respect to the matter addressed in the	6206
agreement. If the board refuses to ratify a consent agreement, the	6207
admissions and findings contained in the consent agreement shall	6208
be of no force or effect.	6209

A telephone conference call may be utilized for ratification	6210
of a consent agreement that revokes or suspends an individual's	6211
certificate to practice. The telephone conference call shall be	6212
considered a special meeting under division (F) of section 121.22	6213
of the Revised Code.	6214

If the board takes disciplinary action against an individual	6215
under division (B) of this section for a second or subsequent plea	6216
of guilty to, or judicial finding of guilt of, a violation of	6217
section 2919.123 of the Revised Code, the disciplinary action	6218
shall consist of a suspension of the individual's certificate to	6219
practice for a period of at least one year or, if determined	6220
appropriate by the board, a more serious sanction involving the	6221
individual's certificate to practice. Any consent agreement	6222
entered into under this division with an individual that pertains	6223
to a second or subsequent plea of guilty to, or judicial finding	6224
of guilt of, a violation of that section shall provide for a	6225
suspension of the individual's certificate to practice for a	6226
period of at least one year or, if determined appropriate by the	6227
board, a more serious sanction involving the individual's	6228
certificate to practice.	6229

(D) For purposes of divisions (B)(10), (12), and (14) of this	6230
section, the commission of the act may be established by a finding	6231
by the board, pursuant to an adjudication under Chapter 119. of	6232
the Revised Code, that the individual committed the act. The board	6233
does not have jurisdiction under those divisions if the trial	6234
court renders a final judgment in the individual's favor and that	6235
judgment is based upon an adjudication on the merits. The board	6236
has jurisdiction under those divisions if the trial court issues	6237
an order of dismissal upon technical or procedural grounds.	6238

(E) The sealing of conviction records by any court shall have	6239
no effect upon a prior board order entered under this section or	6240
upon the board's jurisdiction to take action under this section	6241
if, based upon a plea of guilty, a judicial finding of guilt, or a	6242
judicial finding of eligibility for intervention in lieu of	6243
conviction, the board issued a notice of opportunity for a hearing	6244
prior to the court's order to seal the records. The board shall	6245
not be required to seal, destroy, redact, or otherwise modify its	6246
records to reflect the court's sealing of conviction records.	6247

(F)(1) The board shall investigate evidence that appears to	6248
show that a person has violated any provision of this chapter or	6249
any rule adopted under it. Any person may report to the board in a	6250
signed writing any information that the person may have that	6251
appears to show a violation of any provision of this chapter or	6252
any rule adopted under it. In the absence of bad faith, any person	6253
who reports information of that nature or who testifies before the	6254
board in any adjudication conducted under Chapter 119. of the	6255
Revised Code shall not be liable in damages in a civil action as a	6256
result of the report or testimony. Each complaint or allegation of	6257
a violation received by the board shall be assigned a case number	6258
and shall be recorded by the board.	6259

(2) Investigations of alleged violations of this chapter or	6260
any rule adopted under it shall be supervised by the supervising	6261
member elected by the board in accordance with section 4731.02 of	6262
the Revised Code and by the secretary as provided in section	6263
4731.39 of the Revised Code. The president may designate another	6264
member of the board to supervise the investigation in place of the	6265
supervising member. No member of the board who supervises the	6266
investigation of a case shall participate in further adjudication	6267
of the case.	6268

(3) In investigating a possible violation of this chapter or	6269
any rule adopted under this chapter, or in conducting an	6270
inspection under division (E) of section 4731.054 of the Revised	6271
Code, the board may question witnesses, conduct interviews,	6272
administer oaths, order the taking of depositions, inspect and	6273
copy any books, accounts, papers, records, or documents, issue	6274
subpoenas, and compel the attendance of witnesses and production	6275
of books, accounts, papers, records, documents, and testimony,	6276
except that a subpoena for patient record information shall not be	6277
issued without consultation with the attorney general's office and	6278
approval of the secretary and supervising member of the board.	6279

(a) Before issuance of a subpoena for patient record	6280
information, the secretary and supervising member shall determine	6281
whether there is probable cause to believe that the complaint	6282
filed alleges a violation of this chapter or any rule adopted	6283
under it and that the records sought are relevant to the alleged	6284
violation and material to the investigation. The subpoena may	6285
apply only to records that cover a reasonable period of time	6286
surrounding the alleged violation.	6287

(b) On failure to comply with any subpoena issued by the	6288
board and after reasonable notice to the person being subpoenaed,	6289
the board may move for an order compelling the production of	6290
persons or records pursuant to the Rules of Civil Procedure.	6291

(c) A subpoena issued by the board may be served by a	6292
sheriff, the sheriff's deputy, or a board employee designated by	6293
the board. Service of a subpoena issued by the board may be made	6294
by delivering a copy of the subpoena to the person named therein,	6295
reading it to the person, or leaving it at the person's usual	6296
place of residence, usual place of business, or address on file	6297
with the board. When serving a subpoena to an applicant for or the	6298
holder of a certificate issued under this chapter, service of the	6299
subpoena may be made by certified mail, return receipt requested,	6300
and the subpoena shall be deemed served on the date delivery is	6301
made or the date the person refuses to accept delivery. If the	6302
person being served refuses to accept the subpoena or is not	6303
located, service may be made to an attorney who notifies the board	6304
that the attorney is representing the person.	6305

(d) A sheriff's deputy who serves a subpoena shall receive	6306
the same fees as a sheriff. Each witness who appears before the	6307
board in obedience to a subpoena shall receive the fees and	6308
mileage provided for under section 119.094 of the Revised Code.	6309

(4) All hearings, investigations, and inspections of the	6310
board shall be considered civil actions for the purposes of	6311
section 2305.252 of the Revised Code.	6312

(5) A report required to be submitted to the board under this	6313
chapter, a complaint, or information received by the board	6314
pursuant to an investigation or pursuant to an inspection under	6315
division (E) of section 4731.054 of the Revised Code is	6316
confidential and not subject to discovery in any civil action.	6317

The board shall conduct all investigations or inspections and	6318
proceedings in a manner that protects the confidentiality of	6319
patients and persons who file complaints with the board. The board	6320
shall not make public the names or any other identifying	6321
information about patients or complainants unless proper consent	6322
is given or, in the case of a patient, a waiver of the patient	6323
privilege exists under division (B) of section 2317.02 of the	6324
Revised Code, except that consent or a waiver of that nature is	6325
not required if the board possesses reliable and substantial	6326
evidence that no bona fide physician-patient relationship exists.	6327

The board may share any information it receives pursuant to	6328
an investigation or inspection, including patient records and	6329
patient record information, with law enforcement agencies, other	6330
licensing boards, and other governmental agencies that are	6331
prosecuting, adjudicating, or investigating alleged violations of	6332
statutes or administrative rules. An agency or board that receives	6333
the information shall comply with the same requirements regarding	6334
confidentiality as those with which the state medical board must	6335
comply, notwithstanding any conflicting provision of the Revised	6336
Code or procedure of the agency or board that applies when it is	6337
dealing with other information in its possession. In a judicial	6338
proceeding, the information may be admitted into evidence only in	6339
accordance with the Rules of Evidence, but the court shall require	6340
that appropriate measures are taken to ensure that confidentiality	6341
is maintained with respect to any part of the information that	6342
contains names or other identifying information about patients or	6343
complainants whose confidentiality was protected by the state	6344
medical board when the information was in the board's possession.	6345
Measures to ensure confidentiality that may be taken by the court	6346
include sealing its records or deleting specific information from	6347
its records.	6348

(6) On a quarterly basis, the board shall prepare a report	6349
that documents the disposition of all cases during the preceding	6350
three months. The report shall contain the following information	6351
for each case with which the board has completed its activities:	6352

(a) The case number assigned to the complaint or alleged	6353
violation;	6354

(b) The type of certificate to practice, if any, held by the	6355
individual against whom the complaint is directed;	6356

(c) A description of the allegations contained in the	6357
complaint;	6358

(d) The disposition of the case.

6359

The report shall state how many cases are still pending and	6360
shall be prepared in a manner that protects the identity of each	6361
person involved in each case. The report shall be a public record	6362
under section 149.43 of the Revised Code.	6363

(G) If the secretary and supervising member determine both of	6364
the following, they may recommend that the board suspend an	6365
individual's certificate to practice without a prior hearing:	6366

(1) That there is clear and convincing evidence that an	6367
individual has violated division (B) of this section;	6368

(2) That the individual's continued practice presents a	6369
danger of immediate and serious harm to the public.	6370

Written allegations shall be prepared for consideration by	6371
the board. The board, upon review of those allegations and by an	6372
affirmative vote of not fewer than six of its members, excluding	6373
the secretary and supervising member, may suspend a certificate	6374
without a prior hearing. A telephone conference call may be	6375
utilized for reviewing the allegations and taking the vote on the	6376
summary suspension.	6377

The board shall issue a written order of suspension by	6378
certified mail or in person in accordance with section 119.07 of	6379
the Revised Code. The order shall not be subject to suspension by	6380
the court during pendency of any appeal filed under section 119.12	6381
of the Revised Code. If the individual subject to the summary	6382
suspension requests an adjudicatory hearing by the board, the date	6383
set for the hearing shall be within fifteen days, but not earlier	6384
than seven days, after the individual requests the hearing, unless	6385
otherwise agreed to by both the board and the individual.	6386

Any summary suspension imposed under this division shall	6387
remain in effect, unless reversed on appeal, until a final	6388
adjudicative order issued by the board pursuant to this section	6389
and Chapter 119. of the Revised Code becomes effective. The board	6390
shall issue its final adjudicative order within seventy-five days	6391
after completion of its hearing. A failure to issue the order	6392
within seventy-five days shall result in dissolution of the	6393
summary suspension order but shall not invalidate any subsequent,	6394
final adjudicative order.	6395

(H) If the board takes action under division (B)(9), (11), or	6396
(13) of this section and the judicial finding of guilt, guilty	6397
plea, or judicial finding of eligibility for intervention in lieu	6398
of conviction is overturned on appeal, upon exhaustion of the	6399
criminal appeal, a petition for reconsideration of the order may	6400
be filed with the board along with appropriate court documents.	6401
Upon receipt of a petition of that nature and supporting court	6402
documents, the board shall reinstate the individual's certificate	6403
to practice. The board may then hold an adjudication under Chapter	6404
119. of the Revised Code to determine whether the individual	6405
committed the act in question. Notice of an opportunity for a	6406
hearing shall be given in accordance with Chapter 119. of the	6407
Revised Code. If the board finds, pursuant to an adjudication held	6408
under this division, that the individual committed the act or if	6409
no hearing is requested, the board may order any of the sanctions	6410
identified under division (B) of this section.	6411

(I) The certificate to practice issued to an individual under	6412
this chapter and the individual's practice in this state are	6413
automatically suspended as of the date of the individual's second	6414
or subsequent plea of guilty to, or judicial finding of guilt of,	6415
a violation of section 2919.123 of the Revised Code, or the date	6416
the individual pleads guilty to, is found by a judge or jury to be	6417
guilty of, or is subject to a judicial finding of eligibility for	6418
intervention in lieu of conviction in this state or treatment or	6419
intervention in lieu of conviction in another jurisdiction for any	6420
of the following criminal offenses in this state or a	6421
substantially equivalent criminal offense in another jurisdiction:	6422
aggravated murder, murder, voluntary manslaughter, felonious	6423
assault, kidnapping, rape, sexual battery, gross sexual	6424
imposition, aggravated arson, aggravated robbery, or aggravated	6425
burglary. Continued practice after suspension shall be considered	6426
practicing without a certificate.	6427

The board shall notify the individual subject to the	6428
suspension by certified mail or in person in accordance with	6429
section 119.07 of the Revised Code. If an individual whose	6430
certificate is automatically suspended under this division fails	6431
to make a timely request for an adjudication under Chapter 119. of	6432
the Revised Code, the board shall do whichever of the following is	6433
applicable:	6434

(1) If the automatic suspension under this division is for a	6435
second or subsequent plea of guilty to, or judicial finding of	6436
guilt of, a violation of section 2919.123 of the Revised Code, the	6437
board shall enter an order suspending the individual's certificate	6438
to practice for a period of at least one year or, if determined	6439
appropriate by the board, imposing a more serious sanction	6440
involving the individual's certificate to practice.	6441

(2) In all circumstances in which division (I)(1) of this	6442
section does not apply, enter a final order permanently revoking	6443
the individual's certificate to practice.	6444

(J) If the board is required by Chapter 119. of the Revised	6445
Code to give notice of an opportunity for a hearing and if the	6446
individual subject to the notice does not timely request a hearing	6447
in accordance with section 119.07 of the Revised Code, the board	6448
is not required to hold a hearing, but may adopt, by an	6449
affirmative vote of not fewer than six of its members, a final	6450
order that contains the board's findings. In that final order, the	6451
board may order any of the sanctions identified under division (A)	6452
or (B) of this section.	6453

(K) Any action taken by the board under division (B) of this	6454
section resulting in a suspension from practice shall be	6455
accompanied by a written statement of the conditions under which	6456
the individual's certificate to practice may be reinstated. The	6457
board shall adopt rules governing conditions to be imposed for	6458
reinstatement. Reinstatement of a certificate suspended pursuant	6459
to division (B) of this section requires an affirmative vote of	6460
not fewer than six members of the board.	6461

(L) When the board refuses to grant a certificate to an	6462
applicant, revokes an individual's certificate to practice,	6463
refuses to register an applicant, or refuses to reinstate an	6464
individual's certificate to practice, the board may specify that	6465
its action is permanent. An individual subject to a permanent	6466
action taken by the board is forever thereafter ineligible to hold	6467
a certificate to practice and the board shall not accept an	6468
application for reinstatement of the certificate or for issuance	6469
of a new certificate.	6470

(M) Notwithstanding any other provision of the Revised Code,	6471
all of the following apply:	6472

(1) The surrender of a certificate issued under this chapter	6473
shall not be effective unless or until accepted by the board. A	6474
telephone conference call may be utilized for acceptance of the	6475
surrender of an individual's certificate to practice. The	6476
telephone conference call shall be considered a special meeting	6477
under division (F) of section 121.22 of the Revised Code.	6478
Reinstatement of a certificate surrendered to the board requires	6479
an affirmative vote of not fewer than six members of the board.	6480

(2) An application for a certificate made under the	6481
provisions of this chapter may not be withdrawn without approval	6482
of the board.	6483

(3) Failure by an individual to renew a certificate of	6484
registration in accordance with this chapter shall not remove or	6485
limit the board's jurisdiction to take any disciplinary action	6486
under this section against the individual.	6487

(4) At the request of the board, a certificate holder shall	6488
immediately surrender to the board a certificate that the board	6489
has suspended, revoked, or permanently revoked.	6490

(N) Sanctions shall not be imposed under division (B)(28) of	6491
this section against any person who waives deductibles and	6492
copayments as follows:	6493

(1) In compliance with the health benefit plan that expressly	6494
allows such a practice. Waiver of the deductibles or copayments	6495
shall be made only with the full knowledge and consent of the plan	6496
purchaser, payer, and third-party administrator. Documentation of	6497
the consent shall be made available to the board upon request.	6498

(2) For professional services rendered to any other person	6499
authorized to practice pursuant to this chapter, to the extent	6500
allowed by this chapter and rules adopted by the board.	6501

(O) Under the board's investigative duties described in this	6502
section and subject to division (F) of this section, the board	6503
shall develop and implement a quality intervention program	6504
designed to improve through remedial education the clinical and	6505
communication skills of individuals authorized under this chapter	6506
to practice medicine and surgery, osteopathic medicine and	6507
surgery, and podiatric medicine and surgery. In developing and	6508
implementing the quality intervention program, the board may do	6509
all of the following:	6510

(1) Offer in appropriate cases as determined by the board an	6511
educational and assessment program pursuant to an investigation	6512
the board conducts under this section;	6513

(2) Select providers of educational and assessment services,	6514
including a quality intervention program panel of case reviewers;	6515

(3) Make referrals to educational and assessment service	6516
providers and approve individual educational programs recommended	6517
by those providers. The board shall monitor the progress of each	6518
individual undertaking a recommended individual educational	6519
program.	6520

(4) Determine what constitutes successful completion of an	6521
individual educational program and require further monitoring of	6522
the individual who completed the program or other action that the	6523
board determines to be appropriate;	6524

(5) Adopt rules in accordance with Chapter 119. of the	6525
Revised Code to further implement the quality intervention	6526
program.	6527

An individual who participates in an individual educational	6528
program pursuant to this division shall pay the financial	6529
obligations arising from that educational program.	6530

Section 4. That the existing versions of sections 4715.30,	6531
4715.302, 4723.28, 4723.487, 4725.092, 4725.19, 4730.25, 4730.53,	6532
4731.055, and 4731.22 of the Revised Code that are scheduled to	6533
take effect April 1, 2015, are hereby repealed.	6534

Section 5. Sections 3 and 4 of this act shall take effect	6535
April 1, 2015."	6536

Section 6. Not later than twenty-four months after the	6537
effective date of this act, the Department of Health shall prepare	6538
a report regarding the feasibility of requiring all individuals	6539
who administer vaccines in this state to submit immunization	6540
administration information to the Department's statewide	6541
immunization registry known as ImpactSIIS. On completion, the	6542
Department shall submit the report to the Governor and, in	6543
accordance with section 101.68 of the Revised Code, to the General	6544
Assembly.	6545

Section 7. An individual may apply for reinstatement of a	6546
license under division (E) of section 4773.03 of the Revised Code,	6547
as amended by this act, even if the individual had applied prior	6548
to the effective date of this section for a new license pursuant	6549
to paragraph (O) of rule 3701-72-02 of the Administrative Code and	6550
the application was denied. The Department of Health shall accept	6551
and review the individual's application for reinstatement. If the	6552
applicant meets the requirements of division (E) of section	6553
4773.03 of the Revised Code, as amended by this act, the	6554
Department shall reinstate the applicant's license to practice as	6555
a general x-ray machine operator, radiographer, radiation therapy	6556
technologist, or nuclear medicine technologist.	6557

Section 8. Sections 1 and 2 of this act, except sections	6558
4773.03, 4773.08, 5165.08, 5165.513, 5165.515, and 5165.99 of the	6559
Revised Code, take effect ninety days after the effective date of	6560
this section.	6561

Sections 4773.03, 4773.08, 5165.08, 5165.513, 5165.515, and	6562
5165.99 of the Revised Code, as amended by this act, take effect	6563
January 1, 2015.	6564

Section 6 of this act takes effect ninety days after the	6565
effective date of this act.	6566

Section 7 of this act takes effect January 1, 2015.

6567

Section 9. The versions of sections 5165.08, 5165.513,	6568
5165.515, and 5165.99 of the Revised Code presented in this act	6569
are the versions of the sections that result from Sections 110.25,	6570
110.26, and 110.27 of Am. Sub. H.B. 59 of the 130th General	6571
Assembly.	6572

Section 10. The General Assembly, applying the principle	6573
stated in division (B) of section 1.52 of the Revised Code that	6574
amendments are to be harmonized if reasonably capable of	6575
simultaneous operation, finds that the following sections,	6576
presented in this act as composites of the sections as amended by	6577
the acts indicated, are the resulting versions of the sections in	6578
effect prior to the effective date of the sections as presented in	6579
this act:	6580

Section 2925.02 of the Revised Code as amended by both Sub.	6581
H.B. 64 and Am. Sub. H.B. 86 of the 129th General Assembly.	6582

Section 3701.63 of the Revised Code as amended by both Am.	6583
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly.	6584

Sections 4715.30, 4723.28, 4729.12, 4730.25, and 4731.22 of	6585
the Revised Code as amended by Sub. H.B. 314, Am. Sub. H.B. 341,	6586
and Am. Sub. H.B. 483 all of the 130th General Assembly.	6587

Section 4729.12 of the Revised Code as amended by Am. Sub.	6588
H.B. 341, Am. Sub. H.B. 483, and Am. Sub. H.B. 488, all of the	6589
130th General Assembly.	6590

Section 11. This act is hereby declared to be an emergency	6591
measure necessary for the immediate preservation of the public	6592
peace, health, and safety. The reason for such necessity is to	6593
provide continuity in the operation of nursing facilities in this	6594
state and in the provision of services by radiologic personnel to	6595
the residents of this state. Therefore, this act shall go into	6596
immediate effect.	6597

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Bill Text: OH HB394 | 2013-2014 | 130th General Assembly | Engrossed

Ohio House Bill 394 (Prior Session Legislation)

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