Bill Text: OH HB438 | 2011-2012 | 129th General Assembly | Engrossed

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Bill Title: To specify requirements for obtaining and renewing a clinical research faculty certificate and to declare an emergency.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-02-21 - To Health, Human Services, & Aging [HB438 Detail]

Download: Ohio-2011-HB438-Engrossed.html

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As Passed by the House

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 438

Representative Sears 

Cosponsors: Representatives Fende, Barnes, Carney, Garland, Schuring, Yuko, Amstutz, Antonio, Ashford, Buchy, Celebrezze, Conditt, Fedor, Hackett, Hall, Henne, Hill, Hottinger, Letson, Luckie, Maag, Mallory, Newbold, O'Brien, Patmon, Phillips, Slaby, Stebelton, Winburn Speaker Batchelder 

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A BILL

To amend section 4731.293 of the Revised Code to

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specify requirements for obtaining and renewing a

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clinical research faculty certificate and to

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declare an emergency.

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

Section 1. That section 4731.293 of the Revised Code be	5
amended to read as follows:	6

Sec. 4731.293.  (A) The state medical board may issue,	7
without examination, a visiting medicalclinical research faculty	8
certificate to any person who applies for the certificate and	9
provides to the board all of the following:	10

(1) Evidence satisfactory to the board of all of the	11
following:	12

(a) That the applicant holds a current, unrestricted license	13
to practice medicine and surgery or osteopathic medicine and	14
surgery issued by another state or country and;	15

(b) That the applicant has been appointed to serve in this	16
state on the academic staff of a medical school accredited by the	17
liaison committee on medical education or an osteopathic medical	18
school accredited by the American osteopathic association;	19

(c) That the applicant is an international medical graduate	20
who holds a medical degree from an educational institution listed	21
in the international medical education directory;	22

(d) That the applicant will be permitted to work only under	23
the authority of the department director or chairperson of a	24
teaching hospital affiliated with the medical school where the	25
applicant's teaching and research activities will occur.	26

(2) An affidavit and supporting documentation from the dean	27
of the medical school or the department director or chairperson of	28
a teaching hospital affiliated with the school that the applicant	29
is qualified to perform teaching and research activities;	30

(3) A description from the medical school or teaching	31
hospital of the scope of practice in which the applicant will be	32
involved, including the types of teaching, research, and	33
procedures in which the applicant will be engaged;	34

(4) A description of the type and amount of patient contact	35
that will occur in connection with the applicant's teaching and	36
research activities. Except as provided in division (E) of this	37
section, the board shall not issue more than one visiting medical	38
faculty certificate to any particular person.	39

(B) An applicant for a visiting medicalan initial clinical	40
research faculty certificate shall submit evidence satisfactory	41
to the board that the applicant meets the requirements of division	42
(A) of this section. The applicant shall pay a fee of three	43
hundred seventy-five dollars. The board shall maintain a register	44
of all persons who hold a visiting medical faculty certificate.	45

(C) The holder of a visiting medicalclinical research	46
faculty certificate may practice medicine and surgery or	47
osteopathic medicine and surgery only as is incidental to the	48
certificate holder's teaching or research duties at the medical	49
school or thea teaching hospitalshospital affiliated with the	50
school. The board may revoke a certificate on receiving proof	51
satisfactory to the board that the certificate holder of the	52
certificate has engaged in practice in this state outside the	53
scope of the certificate or that there are grounds for action	54
against the certificate holder under section 4731.22 of the	55
Revised Code.	56

(D) A visiting medicalclinical research faculty certificate	57
is valid for the shorter of three years or the duration of, except	58
that the certificate ceases to be valid if the holder's	59
appointment to the academic staff of the school is no longer	60
valid. The certificate may not be renewed.	61

(E) If a person was granted a visiting medical faculty	62
certificate before the effective date of this amendment, the	63
person may apply for a second visiting medical faculty	64
certificate, unless the person's first certificate was revoked.	65
The board may issue the second certificate if the applicant	66
complies with division (B) of this section(1) A clinical research	67
faculty certificate may be renewed for an additional three-year	68
period. There is no limit on the number of times a certificate may	69
be renewed. A person seeking renewal of a certificate shall apply	70
to the board and is eligible for renewal if the applicant does all	71
of the following:	72

(a) Pays a renewal fee of three hundred seventy-five dollars;

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(b) Provides to the board an affidavit and supporting	74
documentation from the dean of the medical school or the	75
department director or chairperson of a teaching hospital	76
affiliated with the school that the applicant is in compliance	77
with the applicant's current clinical research faculty	78
certificate;	79

(c) Provides evidence satisfactory to the board of all of the	80
following:	81

(i) That the applicant continues to maintain a current,	82
unrestricted license to practice medicine and surgery or	83
osteopathic medicine and surgery issued by another state or	84
country;	85

(ii) That the applicant's initial appointment to serve in	86
this state on the academic staff of a medical school is still	87
valid or has been renewed;	88

(iii) That the applicant has satisfied the same continuing	89
medical education requirements set forth in section 4731.281 of	90
the Revised Code that apply to a person who holds a certificate to	91
practice medicine and surgery or osteopathic medicine and surgery	92
issued under this chapter.	93

(2) Regardless of whether the certificate has expired, a	94
person who was granted a visiting medical faculty certificate	95
under this section as it existed immediately prior to the	96
effective date of this amendment may apply for a clinical research	97
faculty certificate as a renewal. The board may issue the clinical	98
research faculty certificate if the applicant meets the	99
requirements of division (E)(1) of this section. The board may not	100
issue a clinical research faculty certificate if the visiting	101
medical faculty certificate was revoked.	102

(F) The board shall maintain a register of all persons who	103
hold clinical research faculty certificates.	104

(G) The board may adopt any rules it considers necessary to	105
implement this section. The rules shall be adopted in accordance	106
with Chapter 119. of the Revised Code.	107

Section 2.  That existing section 4731.293 of the Revised	108
Code is hereby repealed.	109

Section 3.  This act is hereby declared to be an emergency	110
measure necessary for the immediate preservation of the public	111
peace, health, and safety. The reason for this necessity is that	112
swift enactment will allow several extraordinary doctors to renew	113
their certificates and continue their work in Ohio without	114
interruption. Otherwise, these doctors will not be permitted to	115
work in Ohio and will leave the state. Therefore, this act shall	116
go into immediate effect.	117