| Section 1. That sections 119.062, 119.07, 3711.14, 4713.01, | 20 |
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4713.02, 4713.03, 4713.06, 4713.07, 4713.08, 4713.081, 4713.09, | 21 |
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4713.10, 4713.14, 4713.141, 4713.16, 4713.20, 4713.21, 4713.22, | 22 |
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4713.24, 4713.25, 4713.26, 4713.28, 4713.29, 4713.30, 4713.31, | 23 |
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4713.32, 4713.34, 4713.35, 4713.37, 4713.41, 4713.42, 4713.44, | 24 |
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4713.45, 4713.48, 4713.55, 4713.56, 4713.58, 4713.60, 4713.61, | 25 |
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4713.62, 4713.63, 4713.64, 4715.30, 4717.14, 4723.281, 4725.24, | 26 |
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4730.25, 4731.22, 4734.36, 4734.37, 4757.361, 4760.13, 4762.13, | 27 |
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4774.13, 4779.29, and 5123.0414 be amended and new section 4713.39 | 28 |
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and sections 4713.071, 4713.66, and 4713.67 of the Revised Code be | 29 |
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enacted to read as follows: | 30 |
| Sec. 119.062. (A) Notwithstanding section 119.06 of the | 31 |
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Revised Code, the registrar of motor vehicles is not required to | 32 |
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hold any hearing in connection with an order canceling or | 33 |
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suspending a motor vehicle driver's or commercial driver's license | 34 |
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pursuant to section 2903.06, 2903.08, 2907.24, 2921.331, 4549.02, | 35 |
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4549.021, or 5743.99 or any provision of Chapter 2925., 4509., | 36 |
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4510., or 4511. of the Revised Code or in connection with an | 37 |
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out-of-service order issued under Chapter 4506. of the Revised | 38 |
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Code. | 39 |
| (B) Notwithstanding section 119.07 of the Revised Code, the | 40 |
registrar is not required to use registered mail, returna | 41 |
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delivery system with traceable delivery and signature receipt | 42 |
requested,or to make personal delivery in connection with an | 43 |
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order canceling or suspending a motor vehicle driver's or | 44 |
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commercial driver's license or a notification to a person to | 45 |
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surrender a certificate of registration and registration plates. | 46 |
| Sec. 119.07. Except when a statute prescribes a notice and | 47 |
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the persons to whom it shall be given, in all cases in which | 48 |
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section 119.06 of the Revised Code requires an agency to afford an | 49 |
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opportunity for a hearing prior to the issuance of an order, the | 50 |
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agency shall give notice to the party informing the party of the | 51 |
party's right to a hearing. Notice shall be given by registered | 52 |
mail, return receipt requested, andusing a delivery system that | 53 |
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delivers letters, packages, and other materials in the ordinary | 54 |
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course of business, with traceable delivery and signature receipt, | 55 |
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or by personal delivery. The notice shall include the charges or | 56 |
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other reasons for the proposed action, the law or rule directly | 57 |
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involved, and a statement informing the party that the party is | 58 |
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entitled to a hearing if the party requests it within thirty days | 59 |
of the time of mailing the notice is sent or personally delivered. | 60 |
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The notice shall also inform the party that at the hearing the | 61 |
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party may appear in person, by the party's attorney, or by such | 62 |
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other representative as is permitted to practice before the | 63 |
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agency, or may present the party's position, arguments, or | 64 |
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contentions in writing and that at the hearing the party may | 65 |
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present evidence and examine witnesses appearing for and against | 66 |
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the party. A copy of the notice shall be mailed to attorneys or | 67 |
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other representatives of record representing the party. This | 68 |
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paragraph does not apply to situations in which such section | 69 |
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provides for a hearing only when it is requested by the party. | 70 |
| When a statute specifically permits the suspension of a | 71 |
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license without a prior hearing, notice of the agency's order | 72 |
shall be sent to the party by registered mail, return receipt | 73 |
requestedusing a delivery system that delivers letters, packages, | 74 |
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and other materials in the ordinary course of business, with | 75 |
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traceable delivery and signature receipt, or delivered in person, | 76 |
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not later than the business day next succeeding such order. The | 77 |
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notice shall state the reasons for the agency's action, cite the | 78 |
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law or rule directly involved, and state that the party will be | 79 |
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afforded a hearing if the party requests it within thirty days of | 80 |
the time of mailing the notice is sent or personally delivered. A | 81 |
copy of the notice shall be mailedsent to attorneys or other | 82 |
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representatives of record representing the party. | 83 |
| Whenever a party requests a hearing in accordance with this | 84 |
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section and section 119.06 of the Revised Code, the agency shall | 85 |
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immediately set the date, time, and place for the hearing and | 86 |
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forthwith notify the party thereof. The date set for the hearing | 87 |
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shall be within fifteen days, but not earlier than seven days, | 88 |
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after the party has requested a hearing, unless otherwise agreed | 89 |
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to by both the agency and the party. | 90 |
When any notice sent by registered mail, as required byin | 91 |
accordance with sections 119.01 to 119.13 of the Revised Code, is | 92 |
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returned because the party fails to claim the notice, the agency | 93 |
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shall send the notice by ordinary mail to the party at the party's | 94 |
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last known address and shall obtain a certificate of mailing. | 95 |
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Service by ordinary mail is complete when the certificate of | 96 |
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mailing is obtained unless the notice is returned showing failure | 97 |
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of delivery. | 98 |
If any notice sent by registered or ordinary mail is returned | 99 |
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for failure of delivery, the agency either shall make personal | 100 |
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delivery of the notice by an employee or agent of the agency or | 101 |
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shall cause a summary of the substantive provisions of the notice | 102 |
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to be published once a week for three consecutive weeks in a | 103 |
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newspaper of general circulation in the county where the last | 104 |
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known address of the party is located. When notice is given by | 105 |
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publication, a proof of publication affidavit, with the first | 106 |
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publication of the notice set forth in the affidavit, shall be | 107 |
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mailed by ordinary mail to the party at the party's last known | 108 |
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address and the notice shall be deemed received as of the date of | 109 |
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the last publication. An employee or agent of the agency may make | 110 |
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personal delivery of the notice upon a party at any time. | 111 |
| Refusal of delivery by personal service or by mail is not | 112 |
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failure of delivery and service is deemed to be complete. Failure | 113 |
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of delivery occurs only when a mailed notice is returned by the | 114 |
postal authoritiesdelivering entity marked undeliverable, address | 115 |
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or addressee unknown, or forwarding address unknown or expired. A | 116 |
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party's last known address is the mailing address of the party | 117 |
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appearing in the records of the agency. | 118 |
| (B) If the director suspends a license under division (A)(2) | 140 |
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of this section, the director shall issue a written order of | 141 |
suspension and cause it to be delivered by
certified maila | 142 |
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delivery system or in person in accordance with section 119.07 of | 143 |
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the Revised Code. The order shall not be subject to suspension by | 144 |
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the court while an appeal filed under section 119.12 of the | 145 |
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Revised Code is pending. If the individual subject to the | 146 |
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suspension requests an adjudication, the date set for the | 147 |
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adjudication shall be within fifteen days but not earlier than | 148 |
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seven days after the individual makes the request, unless another | 149 |
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date is agreed to by both the individual and the director. The | 150 |
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summary suspension shall remain in effect, unless reversed by the | 151 |
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director, until a final adjudication order issued by the director | 152 |
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pursuant to this section and Chapter 119. of the Revised Code | 153 |
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becomes effective. | 154 |
| (C) If the director issues an order revoking or suspending a | 161 |
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license issued under this chapter and the license holder continues | 162 |
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to operate a maternity unit, newborn care nursery, or maternity | 163 |
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home, the director may ask the attorney general to apply to the | 164 |
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court of common pleas of the county in which the person is located | 165 |
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for an order enjoining the person from operating the unit, | 166 |
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nursery, or home. The court shall grant the order on a showing | 167 |
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that the person is operating the unit, nursery, or home. | 168 |
"Braiding instructor" means intertwining the hair in a | 185 |
systematic motion to create patterns in a three-dimensional form, | 186 |
inverting the hair against the scalp along part of a straight or | 187 |
curved row of intertwined hair, or twisting the hair in a | 188 |
systematic motion, and includes extending the hair with natural or | 189 |
synthetic hair fibersan individual who teaches the theory and | 190 |
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practice of braiding, but no other branch of cosmetology, at a | 191 |
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school of cosmetology. | 192 |
| "Practice of braiding" means utilizing the technique of | 278 |
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intertwining hair in a systematic motion to create patterns in a | 279 |
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three dimensional form, including patterns that are inverted, | 280 |
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upright, or singled against the scalp that follow along straight | 281 |
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or curved partings. It may include twisting or locking the hair | 282 |
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while adding bulk or length with human hair, synthetic hair, or | 283 |
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both and using simple devices such as clips, combs, and hairpins. | 284 |
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"Practice of braiding" does not include any of the following: | 285 |
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application of weaving, bonding, and fusion of individual strands | 286 |
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or wefts; application of dyes, reactive chemicals, or other | 287 |
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preparations to alter the color or straighten, curl, or alter the | 288 |
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structure of hair; embellishing or beautifying hair by cutting or | 289 |
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singeing, except as needed to finish the ends of synthetic fibers | 290 |
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used to add bulk to or lengthen hair. | 291 |
| "Practice of esthetics" means the application of cosmetics, | 294 |
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tonics, antiseptics, creams, lotions, or other preparations for | 295 |
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the purpose of skin beautification and includes preparation of the | 296 |
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skin by manual massage techniques or by use of electrical, | 297 |
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mechanical, or other apparatus. It also includes enhancing the | 298 |
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skin by skin care, facials, body treatments, hair removal, and | 299 |
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other treatments; applying permanent cosmetics to the eyes, | 300 |
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eyebrows, and lips; and applying eyelash extensions. | 301 |
| "Practice of hair design" means embellishing or beautifying | 302 |
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hair, wigs, or hairpieces by arranging, dressing, pressing, | 303 |
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curling, waving, permanent waving, cleansing, cutting, singeing, | 304 |
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bleaching, coloring, braiding, weaving, or similar work. "Practice | 305 |
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of hair design" includes utilizing techniques performed by hand | 306 |
|
that result in tension on hair roots such as twisting, wrapping, | 307 |
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weaving, extending, locking, or braiding of the hair. | 308 |
"Practice of manicuring" means manicuringcleaning, trimming, | 309 |
|
shaping the free edge of, or applying polish to the nails of any | 310 |
person,individual; applying artificial or sculptured nails to any | 311 |
person,; massaging the hands and lower arms up to the elbow of any | 312 |
person,; massaging the feet and lower legs up to the knee of any | 313 |
person,; using lotions or softeners on the hands and feet; or any | 314 |
combination of these four types of services. | 315 |
| "Practice of natural hair styling" means utilizing techniques | 316 |
|
performed by hand that result in tension on hair roots such as | 317 |
|
twisting, wrapping, weaving, extending, locking, or braiding of | 318 |
|
the hair. "Practice of natural hair styling" does not include the | 319 |
|
application of dyes, reactive chemicals, or other preparations to | 320 |
|
alter the color or to straighten, curl, or alter the structure of | 321 |
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the hair. "Practice of natural hair styling" also does not include | 322 |
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embellishing or beautifying hair by cutting or singeing, except as | 323 |
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needed to finish off the end of a braid, or by dressing, pressing, | 324 |
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curling, waving, permanent waving, or similar work. | 325 |
"Salon" means a beauty salon, esthetics salon, hair design | 332 |
salon, nail salon, or natural hair style salonany premises, | 333 |
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building, or part of a building in which an individual engages in | 334 |
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the practice of one or more branches of cosmetology. "Salon" does | 335 |
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not include a barber shop licensed under Chapter 4709. of the | 336 |
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Revised Code. "Salon" does not mean a tanning facility, although a | 337 |
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tanning facility may be located in a salon. | 338 |
Except for the initial members appointed under divisions | 397 |
(A)(3) and (4) of this section, termsTerms of office are for five | 398 |
years. The term of the initial member appointed under division | 399 |
(A)(3) of this section shall be three years. The term of the | 400 |
initial member appointed under division (A)(4) of this section | 401 |
shall be four years. Terms shall commence on the first day of | 402 |
|
November and end on the thirty-first day of October. Each member | 403 |
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shall hold office from the date of appointment until the end of | 404 |
|
the term for which appointed. In case of a vacancy occurring on | 405 |
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the board, the governor shall, in the same manner prescribed for | 406 |
|
the regular appointment to the board, fill the vacancy by | 407 |
|
appointing a member. Any member appointed to fill a vacancy | 408 |
|
occurring prior to the expiration of the term for which the | 409 |
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member's predecessor was appointed shall hold office for the | 410 |
|
remainder of such term. Any member shall continue in office | 411 |
|
subsequent to the expiration date of the member's term until the | 412 |
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member's successor takes office, or until a period of sixty days | 413 |
|
has elapsed, whichever occurs first. Before entering upon the | 414 |
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discharge of the duties of the office of member, each member shall | 415 |
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take, and file with the secretary of state, the oath of office | 416 |
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required by Section 7 of Article XV, Ohio Constitution. | 417 |
| Sec. 4713.06. The state board of cosmetology shall annually | 439 |
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appoint an executive director. The executive director may not be a | 440 |
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member of the board. The executive director, before entering upon | 441 |
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the discharge of the executive director's duties, shall file with | 442 |
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the secretary of state a good and sufficient bond payable to the | 443 |
|
state, to ensure the faithful performance of duties of the office | 444 |
|
of executive director. The bond shall be in an amount the board | 445 |
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requires. The premium of the bond shall be paid from | 446 |
|
appropriations made to the board for operating purposes. | 447 |
| The executive director shall employ those staff members and | 451 |
|
consultants necessary to implement the board's regulatory purpose | 452 |
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and the policies it develops. The executive director may employ | 453 |
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inspectors, examiners, consultants on contents of examinations, | 454 |
and clerks, or other individuals as necessary for the | 455 |
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administration of this chapter. All inspectors and examiners shall | 456 |
|
be licensed cosmetologists. | 457 |
| (ii) Specify the continuing education that a person whose | 612 |
license has been classified inactivein escrow must complete to | 613 |
|
have the license restored. The continuing education shall be | 614 |
|
sufficient to ensure the minimum competency in the use or | 615 |
|
administration of a new procedure or product required by a | 616 |
|
licensee necessary to protect public health and safety. The | 617 |
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requirement shall not exceed the cumulative number of hours of | 618 |
|
continuing education that the person would have been required to | 619 |
|
complete had the person retained an active license. | 620 |
| Sec. 4713.081. The state board of cosmetology shall furnish a | 656 |
|
copy of the sanitary standards established by rules adopted under | 657 |
|
section 4713.08 of the Revised Code to each person to whom the | 658 |
|
board issues a practicing license, managing license, or license to | 659 |
|
operate a salon or school of cosmetology. The board also shall | 660 |
furnish a copy of the sanitary standards to each personindividual | 661 |
|
providing cosmetic therapy, massage therapy, or other professional | 662 |
|
service in a salon under section 4713.42 of the Revised Code. A | 663 |
|
salon or school of cosmetology provided a copy of the sanitary | 664 |
|
standards shall post the standards in a public and conspicuous | 665 |
|
place in the salon or school. | 666 |
| Sec. 4713.09. The state board of cosmetology may adopt rules | 667 |
in accordance with Chapter 119.section 4713.08 of the Revised | 668 |
|
Code to establish a continuing education requirement, not to | 669 |
exceed eighttwelve hours in a biennial licensing period, as a | 670 |
|
condition of renewal for a practicing license, managing license, | 671 |
|
or instructor license.
In addition, the board shall require an | 672 |
|
independent contractor to complete instruction in business and tax | 673 |
|
as a condition of license renewal in an amount established by the | 674 |
|
board in rules, not to exceed four hours. | 675 |
(K)(11) For the restoration of an expireda license that may | 708 |
be restored pursuant tounder section 4713.63 of the Revised Code, | 709 |
and in addition to the payments for allan amount equal to the sum | 710 |
|
of the following: the current renewal fee; any applicable late | 711 |
|
fees; and, if one or more renewal periods have elapsed since the | 712 |
license was valid, the lapsed renewal fees, thirty dollarsfor not | 713 |
|
more than three of those renewal periods; | 714 |
| (C) At the request of a person who is temporarily unable to | 725 |
|
pay a fee imposed under division (A) of this section, or on its | 726 |
|
own motion, the board may extend the date payment is due by up to | 727 |
|
ninety days. If the fee remains unpaid after the date payment is | 728 |
|
due, the amount of the fee shall be certified to the attorney | 729 |
|
general for collection in the form and manner prescribed by the | 730 |
|
attorney general. The attorney general may assess the collection | 731 |
|
cost to the amount certified in such a manner and amount as | 732 |
|
prescribed by the attorney general. | 733 |
| (K) Provide cosmetic therapy or massage therapy at a salon | 797 |
|
for pay, free, or otherwise without a current, valid certificate | 798 |
|
issued by the state medical board under section 4731.15 of the | 799 |
|
Revised Code or provide any other professional service at a salon | 800 |
|
for pay, free, or otherwise without a current, valid license or | 801 |
|
certificate issued by the professional regulatory board of this | 802 |
|
state that regulates the profession; | 803 |
| (6) Volunteers of hospitals, and homes as defined in section | 900 |
|
3721.01 of the Revised Code, who render service to registered | 901 |
|
patients and inpatients who reside in such hospitals or homes. | 902 |
|
Such volunteers shall not use or work with any chemical products | 903 |
|
such as permanent wave, hair dye, or chemical hair relaxer, which | 904 |
|
without proper training would pose a health or safety problem to | 905 |
|
the patient. | 906 |
(B) A personAn individual issued a temporary pre-examination | 966 |
|
work permit may practice the branch of cosmetology for which the | 967 |
personindividual seeks a license until the date the person | 968 |
| individual is scheduled to take an examination under section | 969 |
4713.24 of the Revised Code. The personindividual shall practice | 970 |
under the supervision of a personan individual holding a current, | 971 |
valid managing license appropriate for the type of salon in which | 972 |
the permit holder practices. A temporary pre-examination work | 973 |
|
permit is renewable in accordance with rules adopted under section | 974 |
|
4713.08 of the Revised Code. | 975 |
| (E) The examination papers and the scored results of the | 1009 |
|
practical demonstrations of each individual examined by the board | 1010 |
|
shall be open for inspection by the individual or the individual's | 1011 |
|
attorney for at least ninety days following the announcement of | 1012 |
|
the individual's grade, except for papers that under the terms of | 1013 |
|
a contract with a testing service are not available for | 1014 |
|
inspection. On written request of an individual or the | 1015 |
|
individual's attorney made to the board not later than ninety days | 1016 |
|
after announcement of the individual's grade, the board shall have | 1017 |
|
the individual's examination papers re-graded manually. | 1018 |
| The board may administer a separate managing natural hair | 1055 |
stylist examination for personsindividuals who complete a | 1056 |
|
managing natural hair stylist training course separate from a | 1057 |
|
natural hair stylist training course. The board may combine the | 1058 |
|
managing natural hair stylist examination with the natural hair | 1059 |
stylist examination for
personsindividuals who complete a | 1060 |
|
combined six hundred-hour natural hair stylist and managing | 1061 |
|
natural hair stylist training course. | 1062 |
(C)(3) Has graduated from an Ohio high school, has the | 1094 |
equivalent of an Ohio publichigh school tenth grade education | 1095 |
| diploma, or has taken an ability-to-benefit test that is approved | 1096 |
|
by the United States department of education and administered | 1097 |
|
under the department's guidelines and has attained a score that | 1098 |
|
the board considers to be satisfactory evidence of possessing at | 1099 |
|
least a tenth-grade level education; | 1100 |
| (8) In the case of an applicant for an initial cosmetologist | 1112 |
license, has successfully completed at least
fifteenone thousand | 1113 |
|
five hundred hours of board-approved cosmetology training in a | 1114 |
|
school of cosmetology licensed in this state, except that only one | 1115 |
|
thousand hours of board-approved cosmetology training in a school | 1116 |
|
of cosmetology licensed in this state is required of a person | 1117 |
|
licensed as a barber under Chapter 4709. of the Revised Code; | 1118 |
(H)(10) In the case of an applicant for an initial hair | 1123 |
|
designer license, has successfully completed at least one thousand | 1124 |
|
two hundred hours of board-approved hair designer training in a | 1125 |
|
school of cosmetology licensed in this state, except that only one | 1126 |
|
thousand hours of board-approved hair designer training in a | 1127 |
|
school of cosmetology licensed in this state is required of a | 1128 |
|
person licensed as a barber under Chapter 4709. of the Revised | 1129 |
|
Code; | 1130 |
| Sec. 4713.29. In accordance with rules adopted under section | 1146 |
|
4713.08 of the Revised Code, the state board of cosmetology, upon | 1147 |
|
a vote of the majority of the board, may waive a condition | 1148 |
|
established by section 4713.28 of the Revised Code for a license | 1149 |
|
to practice a branch of cosmetology for an applicant who practices | 1150 |
|
that branch of cosmetology in a state or country that does not | 1151 |
|
license or register branches of cosmetology. | 1152 |
(C)(3) Has graduated from an Ohio high school, has the | 1174 |
equivalent of an Ohio publichigh school tenth grade education | 1175 |
| diploma, or has taken an ability-to-benefit test that is approved | 1176 |
|
by the United States department of education and administered | 1177 |
|
under the department's guidelines and has attained a score that | 1178 |
|
the board considers to be satisfactory evidence of possessing at | 1179 |
|
least a tenth-grade level education; | 1180 |
| (a) Has the licensed managing braider, licensed managing | 1188 |
|
cosmetologist, or owner of a licensed braiding salon or licensed | 1189 |
|
beauty salon located in this or another state for whom the | 1190 |
|
applicant performed services in a licensed salon certify to the | 1191 |
|
board that the applicant has practiced braiding for at least two | 1192 |
|
thousand hours as a braider in a licensed braiding salon or as a | 1193 |
|
cosmetologist in a licensed beauty salon; | 1194 |
(1)(a) Has the licensed managing esthetician, licensed | 1214 |
|
managing cosmetologist, or owner of a licensed esthetics salon or | 1215 |
|
licensed beauty salon located in this or another state for whom | 1216 |
|
the applicant performed services in a licensed salon certify to | 1217 |
|
the board that the applicant has practiced esthetics for at least | 1218 |
|
two thousand hours as an esthetician in a licensed esthetics salon | 1219 |
|
or as a cosmetologist in a licensed beauty salon; | 1220 |
(1)(a) Has the licensed managing hair designer, licensed | 1228 |
|
managing cosmetologist, or owner of a licensed hair design salon | 1229 |
|
or licensed beauty salon located in this or another state for whom | 1230 |
|
the applicant performed services in a licensed salon certify to | 1231 |
|
the board that the applicant has practiced hair design for at | 1232 |
|
least two thousand hours as a hair designer in a licensed hair | 1233 |
|
design salon or as a cosmetologist in a licensed beauty salon; | 1234 |
(1)(a) Has the licensed managing manicurist, licensed | 1242 |
|
managing cosmetologist, or owner of a licensed nail salon, | 1243 |
|
licensed beauty salon, or licensed barber shop located in this or | 1244 |
|
another state for whom the applicant performed services in a | 1245 |
|
licensed salon or barber shop certify to the board that the | 1246 |
|
applicant has practiced manicuring for at least two thousand hours | 1247 |
|
as a manicurist in a licensed nail salon or licensed barber shop | 1248 |
|
or as a cosmetologist in a licensed beauty salon or licensed | 1249 |
|
barber shop; | 1250 |
(1)(a) Has the licensed managing natural hair stylist, | 1258 |
|
licensed managing cosmetologist, or owner of a licensed natural | 1259 |
|
hair style salon or licensed beauty salon located in this or | 1260 |
|
another state for whom the applicant performed services in a | 1261 |
|
licensed salon certify to the board that the applicant has | 1262 |
|
practiced natural hair styling for at least two thousand hours as | 1263 |
|
a natural hair stylist in a licensed natural hair style salon or | 1264 |
|
as a cosmetologist in a licensed beauty salon; | 1265 |
| (a) Has the licensed managing threader, licensed managing | 1273 |
|
cosmetologist, or owner of a licensed threading salon or licensed | 1274 |
|
beauty salon in which the applicant has been employed in this or | 1275 |
|
another state for whom the applicant performed services in a | 1276 |
|
licensed salon certify to the board that the applicant has | 1277 |
|
practiced threading for at least two thousand hours as a threader | 1278 |
|
in a licensed threading salon or as a cosmetologist in a licensed | 1279 |
|
beauty salon; | 1280 |
(C)(3) Has graduated from an Ohio high school, has the | 1306 |
equivalent of an Ohio publichigh school
twelfth grade education | 1307 |
| diploma, or has taken an ability-to-benefit test that is approved | 1308 |
|
by the United States department of education and administered | 1309 |
|
under the department's guidelines and has attained a score that | 1310 |
|
the board considers to be satisfactory evidence of possessing at | 1311 |
|
least a tenth-grade level education; | 1312 |
| (a) Has the licensed managing braider, licensed managing | 1318 |
|
cosmetologist, or owner of a licensed braiding salon or licensed | 1319 |
|
beauty salon in which the applicant has been employed in this or | 1320 |
|
another state for whom the applicant performed services in a | 1321 |
|
licensed salon certify to the board that the applicant has engaged | 1322 |
|
in the practice of braiding in a licensed braiding salon or the | 1323 |
|
practice of cosmetology in a licensed beauty salon for at least | 1324 |
|
two thousand hours; | 1325 |
(1)(a) Has the licensed managing esthetician, licensed | 1347 |
|
managing cosmetologist, or owner of the licensed esthetics salon | 1348 |
|
or licensed beauty salon in which the applicant has been employed | 1349 |
| in this or another state for whom the applicant performed services | 1350 |
|
in a licensed salon certify to the board that the applicant has | 1351 |
|
engaged in the practice of esthetics in a licensed esthetics salon | 1352 |
|
or practice of cosmetology in a licensed beauty salon for at least | 1353 |
|
two thousand hours; | 1354 |
(1)(a) Has the licensed managing hair designer, licensed | 1363 |
|
managing cosmetologist, or owner of the licensed hair design salon | 1364 |
|
or licensed beauty salon in which the applicant has been employed | 1365 |
| in this or another state for whom the applicant performed services | 1366 |
|
in a licensed salon certify to the board that the applicant has | 1367 |
|
engaged in the practice of hair design in a licensed hair design | 1368 |
|
salon or practice of cosmetology in a licensed beauty salon for at | 1369 |
|
least two thousand hours; | 1370 |
(1)(a) Has the licensed managing manicurist, licensed | 1378 |
|
managing cosmetologist, or owner of the licensed nail salon or | 1379 |
|
licensed beauty salon in which the applicant has been employed in | 1380 |
|
this or another state for whom the applicant performed services in | 1381 |
|
a licensed salon certify to the board that the applicant has | 1382 |
|
engaged in the practice of manicuring in a licensed nail salon or | 1383 |
|
practice of cosmetology in a licensed beauty salon for at least | 1384 |
|
two thousand hours; | 1385 |
(1)(a) Has the licensed managing natural hair stylist, | 1394 |
|
licensed managing cosmetologist, or owner of the licensed natural | 1395 |
|
hair style salon or licensed beauty salon in which the applicant | 1396 |
|
has been employed in this or another state for whom the applicant | 1397 |
|
performed services in a licensed salon certify to the board that | 1398 |
|
the applicant has engaged in the practice of natural hair styling | 1399 |
|
in a licensed natural hair style salon or practice of cosmetology | 1400 |
|
in a licensed beauty salon for at least two thousand hours; | 1401 |
| (a) Has the licensed managing threader, licensed managing | 1410 |
|
cosmetologist, or owner of the licensed threading salon or | 1411 |
|
licensed beauty salon in which the applicant has been employed in | 1412 |
|
this or another state for whom the applicant performed services in | 1413 |
|
a licensed salon certify to the board that the applicant has | 1414 |
|
engaged in the practice of threading in a licensed threading salon | 1415 |
|
or the practice of cosmetology in a licensed beauty salon for at | 1416 |
|
least two thousand hours; | 1417 |
| Sec. 4713.32. When determining the total hours of instruction | 1422 |
received by an applicant for a license under section 4713.28, | 1423 |
4713.30, or 4713.31 of the Revised Codethis chapter, the state | 1424 |
|
board of cosmetology shall not take into account more than ten | 1425 |
|
hours of instruction per day. The board shall take into account | 1426 |
|
instruction received more than five years prior to the date of | 1427 |
|
application for the license in accordance with rules adopted under | 1428 |
|
section 4713.08 of the Revised Code. | 1429 |
| Sec. 4713.34. The state board of cosmetology shall issue a | 1430 |
|
license to practice a branch of cosmetology, managing license, or | 1431 |
|
instructor license to an applicant who is licensed or registered | 1432 |
|
in another state or country to practice that branch of | 1433 |
|
cosmetology, manage that type of salon, or teach the theory and | 1434 |
|
practice of that branch of cosmetology, as appropriate, if all of | 1435 |
|
the following conditions are satisfied: | 1436 |
A personAn individual who holds a current, valid managing | 1498 |
|
esthetician license issued by the board may manage an esthetics | 1499 |
salon, but no other type of salon, and. The individual may engage | 1500 |
in the practice of esthetics, but nomay not engage in any other | 1501 |
|
branch of cosmetology, except to the extent that the activities | 1502 |
|
included in the practice of threading are also part of the | 1503 |
|
practice of esthetics. | 1504 |
A personAn individual who holds a current, valid managing | 1505 |
|
hair designer license issued by the board may manage a hair design | 1506 |
salon, but no other type of salon, and. The individual may engage | 1507 |
in the practice of hair design, but nomay not engage in any other | 1508 |
|
branch of cosmetology, except to the extent that the activities | 1509 |
|
included in the practice of braiding are also part of the practice | 1510 |
|
of hair design. | 1511 |
A personAn individual who holds a current, valid managing | 1516 |
|
natural hair stylist license issued by the board may manage a | 1517 |
natural hair style salon, but no other type of salon, and. The | 1518 |
|
individual may engage in the practice of natural hair styling, but | 1519 |
nomay not engage in any other branch of cosmetology, except to | 1520 |
|
the extent that the activities included in the practice of | 1521 |
|
braiding are also part of the practice of natural hair styling. | 1522 |
A personAn individual who holds a current, valid natural | 1553 |
|
hair style instructor license issued by the board may teach at a | 1554 |
|
school of cosmetology the theory and practice of natural hair | 1555 |
styling, but nomay not teach the theory and practice of any other | 1556 |
branch of cosmetology, at a school of cosmetologyexcept to the | 1557 |
|
extent that the theory and practice of braiding are also part of | 1558 |
|
the theory and practice of natural hair styling. | 1559 |
(B) A personAn individual issued a temporary special | 1582 |
|
occasion work permit may practice the branch of cosmetology the | 1583 |
personindividual practices in another state or country, or teach | 1584 |
the theory and practice of the branch of cosmetology the person | 1585 |
| individual teaches in another state or country, until the | 1586 |
|
expiration date of the permit. A temporary special occasion work | 1587 |
|
permit is valid for the period of time specified in rules adopted | 1588 |
|
under section 4713.08 of the Revised Code. | 1589 |
Sec. 4713.42. A personAn individual holding a current, valid | 1668 |
|
certificate issued under section 4731.15 of the Revised Code to | 1669 |
|
provide cosmetic therapy or massage therapy may provide cosmetic | 1670 |
therapy or massage therapy, as appropriate, in a salon. A person | 1671 |
| An individual holding a current, valid license or certificate | 1672 |
|
issued by a professional regulatory board of this state may | 1673 |
practice the
person'sindividual's profession in a salon if the | 1674 |
person'sindividual's profession is authorized by rules adopted | 1675 |
|
under section 4713.08 of the Revised Code to practice in a salon. | 1676 |
(H)(8) Files with the board a good and sufficient surety bond | 1727 |
|
executed by the person, firm, or corporation operating the school | 1728 |
|
of cosmetology as principal and by a surety company as surety in | 1729 |
the amount of ten thousand dollars; provided,except that this | 1730 |
|
requirement does not apply to a vocational program conducted by a | 1731 |
|
city, exempted village, local, or joint vocational school | 1732 |
|
district. The bond shall be in the form prescribed by the board | 1733 |
|
and be conditioned upon the school's continued instruction in the | 1734 |
|
theory and practice of the branches of cosmetology. Every bond | 1735 |
|
shall continue in effect until notice of its termination is given | 1736 |
|
to the board by registered mail and every bond shall so provide. | 1737 |
| (1) In accordance with rules adopted under section 4713.08 of | 1740 |
|
the Revised Code, a school of cosmetology operated by a public | 1741 |
|
entity may offer clock hours, credit hours, or competency-based | 1742 |
|
credits, and a school of cosmetology that is operated by a private | 1743 |
|
person may offer clock or credit hours, for the purpose of | 1744 |
|
satisfying minimum hours of training and instruction; | 1745 |
| The board shall specify on each practicing license that the | 1789 |
|
board issues the branch of cosmetology that the license entitles | 1790 |
|
the holder to practice. The board shall specify on each managing | 1791 |
|
license that the board issues the type of salon that the license | 1792 |
|
entitles the holder to manage and the branch of cosmetology that | 1793 |
|
the license entitles the holder to practice. The board shall | 1794 |
|
specify on each instructor license that the board issues the | 1795 |
|
branch of cosmetology that the license entitles the holder to | 1796 |
|
teach. The board shall specify on each salon license that the | 1797 |
|
board issues the branch of cosmetology that the license entitles | 1798 |
|
the holder to offer. The board shall specify on each independent | 1799 |
|
contractor license that the board issues the branch of cosmetology | 1800 |
|
that the license entitles the holder to offer within a licensed | 1801 |
|
salon. Such licenses are prima-facie evidence of the right of the | 1802 |
|
holder to practice or teach the branch of cosmetology, or manage | 1803 |
|
the type of salon, that the license specifies. | 1804 |
| Sec. 4713.60. (A) Except as provided in division (C) of this | 1855 |
section, a personan individual seeking a renewal of a license to | 1856 |
|
practice a branch of cosmetology, managing license, or instructor | 1857 |
|
license shall include in the renewal application proof | 1858 |
|
satisfactory to the board of completion of any applicable | 1859 |
|
continuing education requirements established by rules adopted | 1860 |
|
under section 4713.09 of the Revised Code. | 1861 |
| (B) If an applicant fails to provide satisfactory proof of | 1862 |
|
completion of any applicable continuing education requirements, | 1863 |
|
the board shall notify the applicant that the application is | 1864 |
|
incomplete. The board shall not renew the license until the | 1865 |
|
applicant provides satisfactory proof of completion of any | 1866 |
|
applicable continuing education requirements. The board may | 1867 |
|
provide the applicant with an extension of up to ninety days in | 1868 |
|
which to complete the continuing education requirement. In | 1869 |
|
providing for the extension, the board may charge the licensee a | 1870 |
|
fine of up to one hundred dollars. | 1871 |
| The board shall determine the period of time during which | 1881 |
|
each extension is effective and shall inform the applicant. The | 1882 |
|
board shall also inform the applicant of the continuing education | 1883 |
|
requirements that must be met to have the license renewed. If an | 1884 |
|
extension is granted for less than one year, the continuing | 1885 |
|
education requirement for that year, in addition to the required | 1886 |
|
continuing education for the succeeding year, must be completed in | 1887 |
|
the succeeding year. In all other cases the board may waive all or | 1888 |
|
part of the continuing education requirement on a case-by-case | 1889 |
|
basis. Any required continuing education shall be completed and | 1890 |
|
satisfactory proof of its completion submitted to the board by a | 1891 |
|
date specified by the board. Every license which has not been | 1892 |
|
renewed in any odd-numbered year by the last day of January and | 1893 |
|
for which the continuing education requirement has not been waived | 1894 |
or extended shall be considered expiredno longer valid. | 1895 |
| Sec. 4713.61. (A) If the state board of cosmetology adopts a | 1896 |
|
continuing education requirement under section 4713.09 of the | 1897 |
Revised Code, it may develop a procedure by which a personan | 1898 |
|
individual who holds a license to practice a branch of | 1899 |
|
cosmetology, managing license, or instructor license and who is | 1900 |
|
not currently engaged in the practice of the branch of | 1901 |
|
cosmetology, managing a salon, or teaching the theory and practice | 1902 |
|
of the branch of cosmetology, but who desires to be so engaged in | 1903 |
the future, may apply to the board to have the person's | 1904 |
individual's license classified inactivein escrow. If the board | 1905 |
develops such a procedure, a personan individual seeking to have | 1906 |
the
person'sindividual's license classified inactivein escrow | 1907 |
|
shall apply to the board on a form provided by the board and pay | 1908 |
|
the fee established by rules adopted under section 4713.08 of the | 1909 |
|
Revised Code. | 1910 |
| (3) The program is operated by an employee, officer, or | 1938 |
|
director of a nonprofit professional association, college or | 1939 |
|
university, vocational school, postsecondary proprietary school of | 1940 |
|
cosmetology licensed by the board, salon licensed by the board, or | 1941 |
|
manufacturer of supplies or equipment used in the practice of a | 1942 |
|
branch of cosmetology. | 1943 |
| Sec. 4713.63. A practicing license, managing license, or | 1954 |
|
instructor license that has not been renewed for any reason other | 1955 |
|
than because it has been revoked, suspended, or classified | 1956 |
inactivein escrow, or because the license holder has been given a | 1957 |
|
waiver or extension under section 4713.60 of the Revised Code, is | 1958 |
expiredno longer valid.
An expiredThe license may be restored | 1959 |
if the personindividual who held the license meets all of the | 1960 |
|
following applicable conditions: | 1961 |
(C) In the case of a practicing license or managing license | 1969 |
that has not been expiredvalid for more than two consecutive | 1970 |
|
license renewal periods, completes eight hours of continuing | 1971 |
|
education for each license renewal period that has elapsed since | 1972 |
|
the license was last issued or renewed, up to a maximum of | 1973 |
|
twenty-four hours. At least four of those hours shall include a | 1974 |
|
course pertaining to sanitation and safety methods. | 1975 |
| (C) The board shall take disciplinary action pursuant to an | 2003 |
|
adjudication under Chapter 119. of the Revised Code, except that, | 2004 |
|
in lieu of an adjudication, the board may enter into a consent | 2005 |
|
agreement with the holder of the license or permit. When ratified | 2006 |
|
by a majority vote of a quorum of the board members, a consent | 2007 |
|
agreement constitutes the findings and order of the board with | 2008 |
|
respect to the matter addressed in the agreement. If the board | 2009 |
|
refuses to ratify a consent agreement, the admissions and findings | 2010 |
|
contained in it are of no effect and the case shall be scheduled | 2011 |
|
for adjudication under Chapter 119. of the Revised Code. | 2012 |
| (E)(1) The board may impose a separate fine for each offense | 2016 |
|
listed in division (A) of this section. The amount of a fine shall | 2017 |
|
be not more than five hundred dollars if the violator has not | 2018 |
|
previously been fined for that offense. The fine shall be not more | 2019 |
|
than one thousand dollars if the violator has been fined for the | 2020 |
|
same offense once before. The fine shall be not more than one | 2021 |
|
thousand five hundred dollars if the violator has been fined for | 2022 |
|
the same offense two or more times before. | 2023 |
| (6) If the fine, including any interest or additional | 2042 |
|
penalty, remains unpaid on the ninety-first day after the board | 2043 |
|
issues an order under division (E)(2) of this section, the amount | 2044 |
|
of the fine and any interest or additional penalty shall be | 2045 |
|
certified to the attorney general for collection in the form and | 2046 |
|
manner prescribed by the attorney general. The attorney general | 2047 |
|
may assess the collection cost to the amount certified in such a | 2048 |
|
manner and amount as prescribed by the attorney general. | 2049 |
(F) If a person fails to request a hearing withinor consent | 2050 |
agreement not later than thirty days
ofafter the date the board, | 2051 |
|
in accordance with section 119.07 of the Revised Code, notifies | 2052 |
|
the person of the board's intent to act against the person under | 2053 |
|
division (A) of this section, the board by a majority vote of a | 2054 |
|
quorum of the board members may take the action against the person | 2055 |
|
without holding an adjudication hearing. | 2056 |
| If a violation of this chapter or rules adopted under it has | 2063 |
|
resulted in a condition reasonably believed by an inspector to | 2064 |
|
create an immediate danger to the health and safety of any person | 2065 |
using the tanninga facility, the inspector may suspend the | 2066 |
| license or permit of the facility or the person responsible for | 2067 |
|
the violation without a prior hearing or an opportunity for a | 2068 |
|
consent agreement until the condition is corrected or until a | 2069 |
|
hearing in accordance with Chapter 119. of the Revised Code is | 2070 |
|
held or a consent agreement is entered into and the board either | 2071 |
|
upholds the suspension or reinstates the license or permit. | 2072 |
| Sec. 4713.66. The state board of cosmetology or the executive | 2073 |
|
director acting for the board may compel, by order or subpoena, | 2074 |
|
the attendance of witnesses to testify in relation to any matter | 2075 |
|
over which the board has jurisdiction that is the subject of | 2076 |
|
inquiry or investigation by the board and may require the | 2077 |
|
production of any book, paper, document, or testimony pertaining | 2078 |
|
to that matter. For this purpose, the board or director has the | 2079 |
|
same power as the judge of a court of common pleas to administer | 2080 |
|
oaths and to compel the attendance of witnesses and punish | 2081 |
|
witnesses for refusal to testify. | 2082 |
| Should a person fail to obey an order or subpoena issued | 2092 |
|
under this section, on application by the board or director | 2093 |
|
setting forth the failure, the court of common pleas of any county | 2094 |
|
may issue a subpoena or subpoena duces tecum ordering the person | 2095 |
|
to appear and testify before the board and produce books, records, | 2096 |
|
or papers, as required. On the filing of the order, the clerk of | 2097 |
|
court, under the court's seal, shall issue process of subpoena for | 2098 |
|
the person to appear before the board or the director at a time | 2099 |
|
and place named in the subpoena, and each day thereafter until the | 2100 |
|
examination of the person is completed. The subpoena may require | 2101 |
|
that the person bring to the examination any books, records, or | 2102 |
|
papers required by the order. The clerk shall also issue, under | 2103 |
|
the seal of the court, such other orders, in reference to the | 2104 |
|
examination, appearance, and production of books, records, or | 2105 |
|
papers, as the court directs. If a person so summoned by subpoena | 2106 |
|
fails to obey the subpoena, to give testimony, to answer questions | 2107 |
|
as required, or to obey an order of the court, the court, on | 2108 |
|
motion supported by proof, may order an attachment for contempt to | 2109 |
|
be issued against the person. If the person is brought before the | 2110 |
|
court by virtue of the attachment and upon a hearing the | 2111 |
|
disobedience appears, the court may order the person to be | 2112 |
|
committed and kept in close custody. | 2113 |
| (7) Providing or allowing dental hygienists, expanded | 2150 |
|
function dental auxiliaries, or other practitioners of auxiliary | 2151 |
|
dental occupations working under the certificate or license | 2152 |
|
holder's supervision, or a dentist holding a temporary limited | 2153 |
|
continuing education license under division (C) of section 4715.16 | 2154 |
|
of the Revised Code working under the certificate or license | 2155 |
|
holder's direct supervision, to provide dental care that departs | 2156 |
|
from or fails to conform to accepted standards for the profession, | 2157 |
|
whether or not injury to a patient results; | 2158 |
| (B) A manager, proprietor, operator, or conductor of a dental | 2182 |
|
facility shall be subject to disciplinary action if any dentist, | 2183 |
|
dental hygienist, expanded function dental auxiliary, or qualified | 2184 |
|
personnel providing services in the facility is found to have | 2185 |
|
committed a violation listed in division (A) of this section and | 2186 |
|
the manager, proprietor, operator, or conductor knew of the | 2187 |
|
violation and permitted it to occur on a recurring basis. | 2188 |
| (D) If the physical or mental condition of an applicant or a | 2218 |
|
license or certificate holder is at issue in a disciplinary | 2219 |
|
proceeding, the board may order the license or certificate holder | 2220 |
|
to submit to reasonable examinations by an individual designated | 2221 |
|
or approved by the board and at the board's expense. The physical | 2222 |
|
examination may be conducted by any individual authorized by the | 2223 |
|
Revised Code to do so, including a physician assistant, a clinical | 2224 |
|
nurse specialist, a certified nurse practitioner, or a certified | 2225 |
|
nurse-midwife. Any written documentation of the physical | 2226 |
|
examination shall be completed by the individual who conducted the | 2227 |
|
examination. | 2228 |
| (E) If the board has reason to believe that a license or | 2233 |
|
certificate holder represents a clear and immediate danger to the | 2234 |
|
public health and safety if the holder is allowed to continue to | 2235 |
|
practice, or if the holder has failed to comply with an order | 2236 |
|
under division (D) of this section, the board may apply to the | 2237 |
|
court of common pleas of the county in which the holder resides | 2238 |
|
for an order temporarily suspending the holder's license or | 2239 |
|
certificate, without a prior hearing being afforded by the board, | 2240 |
|
until the board conducts an adjudication hearing pursuant to | 2241 |
|
Chapter 119. of the Revised Code. If the court temporarily | 2242 |
|
suspends a holder's license or certificate, the board shall give | 2243 |
|
written notice of the suspension personally or by certified mail | 2244 |
|
to the license or certificate holder. Such notice shall include | 2245 |
|
specific facts and reasons for finding a clear and immediate | 2246 |
|
danger to the public health and safety and shall inform the | 2247 |
|
license or certificate holder of the right to a hearing pursuant | 2248 |
|
to Chapter 119. of the Revised Code. | 2249 |
| (F) Any holder of a certificate or license issued under this | 2250 |
|
chapter who has pleaded guilty to, has been convicted of, or has | 2251 |
|
had a judicial finding of eligibility for intervention in lieu of | 2252 |
|
conviction entered against the holder in this state for aggravated | 2253 |
|
murder, murder, voluntary manslaughter, felonious assault, | 2254 |
|
kidnapping, rape, sexual battery, gross sexual imposition, | 2255 |
|
aggravated arson, aggravated robbery, or aggravated burglary, or | 2256 |
|
who has pleaded guilty to, has been convicted of, or has had a | 2257 |
|
judicial finding of eligibility for treatment or intervention in | 2258 |
|
lieu of conviction entered against the holder in another | 2259 |
|
jurisdiction for any substantially equivalent criminal offense, is | 2260 |
|
automatically suspended from practice under this chapter in this | 2261 |
|
state and any certificate or license issued to the holder under | 2262 |
|
this chapter is automatically suspended, as of the date of the | 2263 |
|
guilty plea, conviction, or judicial finding, whether the | 2264 |
|
proceedings are brought in this state or another jurisdiction. | 2265 |
|
Continued practice by an individual after the suspension of the | 2266 |
|
individual's certificate or license under this division shall be | 2267 |
|
considered practicing without a certificate or license. The board | 2268 |
|
shall notify the suspended individual of the suspension of the | 2269 |
|
individual's certificate or license under this division by | 2270 |
certified maila delivery system or in person in accordance with | 2271 |
|
section 119.07 of the Revised Code. If an individual whose | 2272 |
|
certificate or license is suspended under this division fails to | 2273 |
|
make a timely request for an adjudicatory hearing, the board shall | 2274 |
|
enter a final order revoking the individual's certificate or | 2275 |
|
license. | 2276 |
| (3) The applicant or licensee has purposely violated any | 2304 |
|
provision of sections 4717.01 to 4717.15 or a rule adopted under | 2305 |
|
any of those sections; division (A) or (B) of section 4717.23; | 2306 |
|
division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2), | 2307 |
|
or divisions (H) to (K) of section 4717.26; division (D)(1) of | 2308 |
|
section 4717.27; or divisions (A) to (C) of section 4717.28 of the | 2309 |
|
Revised Code; any rule or order of the department of health or a | 2310 |
|
board of health of a health district governing the disposition of | 2311 |
|
dead human bodies; or any other rule or order applicable to the | 2312 |
|
applicant or licensee. | 2313 |
| (2) The board shall send to the crematory review board | 2341 |
|
written notice that it proposes to refuse to issue or renew, or | 2342 |
|
proposes to suspend or revoke, a license to operate a crematory | 2343 |
|
facility. If, after the conclusion of the adjudicatory hearing on | 2344 |
|
the matter conducted under division (E) of section 4717.03 of the | 2345 |
|
Revised Code, the board of embalmers and funeral directors finds | 2346 |
|
that any of the circumstances described in divisions (A)(1) to | 2347 |
|
(10) of this section apply to the person named in its proposed | 2348 |
|
action, the board may issue a final order under division (E) of | 2349 |
|
section 4717.03 of the Revised Code refusing to issue or renew, or | 2350 |
|
suspending or revoking, the person's license to operate a | 2351 |
|
crematory facility. | 2352 |
| (C) If the board of embalmers and funeral directors | 2353 |
|
determines that there is clear and convincing evidence that any of | 2354 |
|
the circumstances described in divisions (A)(1) to (10) of this | 2355 |
|
section apply to the holder of a license issued under this chapter | 2356 |
|
and that the licensee's continued practice presents a danger of | 2357 |
|
immediate and serious harm to the public, the board may suspend | 2358 |
|
the licensee's license without a prior adjudicatory hearing. The | 2359 |
|
executive director of the board shall prepare written allegations | 2360 |
|
for consideration by the board. | 2361 |
| The board shall issue a written order of suspension by | 2364 |
certified maila delivery system or in person in accordance with | 2365 |
|
section 119.07 of the Revised Code. Such an order is not subject | 2366 |
|
to suspension by the court during the pendency of any appeal filed | 2367 |
|
under section 119.12 of the Revised Code. If the holder of an | 2368 |
|
embalmer's, funeral director's, funeral home, or embalming | 2369 |
|
facility license requests an adjudicatory hearing by the board, | 2370 |
|
the date set for the hearing shall be within fifteen days, but not | 2371 |
|
earlier than seven days, after the licensee has requested a | 2372 |
|
hearing, unless the board and the licensee agree to a different | 2373 |
|
time for holding the hearing. | 2374 |
| Upon issuing a written order of suspension to the holder of a | 2375 |
|
license to operate a crematory facility, the board of embalmers | 2376 |
|
and funeral directors shall send written notice of the issuance of | 2377 |
|
the order to the crematory review board. The crematory review | 2378 |
|
board shall hold an adjudicatory hearing on the order under | 2379 |
|
division (E) of section 4717.03 of the Revised Code within fifteen | 2380 |
|
days, but not earlier than seven days, after the issuance of the | 2381 |
|
order, unless the crematory review board and the licensee agree to | 2382 |
|
a different time for holding the adjudicatory hearing. | 2383 |
| Any summary suspension imposed under this division shall | 2384 |
|
remain in effect, unless reversed on appeal, until a final | 2385 |
|
adjudicatory order issued by the board of embalmers and funeral | 2386 |
|
directors pursuant to this division and Chapter 119. of the | 2387 |
|
Revised Code, or division (E) of section 4717.03 of the Revised | 2388 |
|
Code, as applicable, becomes effective. The board of embalmers and | 2389 |
|
funeral directors shall issue its final adjudicatory order within | 2390 |
|
sixty days after the completion of its hearing or, in the case of | 2391 |
|
the summary suspension of a license to operate a crematory | 2392 |
|
facility, within sixty days after completion of the adjudicatory | 2393 |
|
hearing by the crematory review board. A failure to issue the | 2394 |
|
order within that time results in the dissolution of the summary | 2395 |
|
suspension order, but does not invalidate any subsequent final | 2396 |
|
adjudicatory order. | 2397 |
| (D) If the board of embalmers and funeral directors suspends | 2398 |
|
or revokes a license held by a funeral director or a funeral home | 2399 |
|
for any reason identified in division (A) of this section, the | 2400 |
|
board may file a complaint with the court of common pleas in the | 2401 |
|
county where the violation occurred requesting appointment of a | 2402 |
|
receiver and the sequestration of the assets of the funeral home | 2403 |
|
that held the suspended or revoked license or the licensed funeral | 2404 |
|
home that employs the funeral director that held the suspended or | 2405 |
|
revoked license. If the court of common pleas is satisfied with | 2406 |
|
the application for a receivership, the court may appoint a | 2407 |
|
receiver. | 2408 |
| The board or a receiver may employ and procure whatever | 2409 |
|
assistance or advice is necessary in the receivership or | 2410 |
|
liquidation and distribution of the assets of the funeral home, | 2411 |
|
and, for that purpose, may retain officers or employees of the | 2412 |
|
funeral home as needed. All expenses of the receivership or | 2413 |
|
liquidation shall be paid from the assets of the funeral home and | 2414 |
|
shall be a lien on those assets, and that lien shall be a priority | 2415 |
|
to any other lien. | 2416 |
| (E) Any holder of a license issued under this chapter who has | 2417 |
|
pleaded guilty to, has been found by a judge or jury to be guilty | 2418 |
|
of, or has had a judicial finding of eligibility for treatment in | 2419 |
|
lieu of conviction entered against the individual in this state | 2420 |
|
for aggravated murder, murder, voluntary manslaughter, felonious | 2421 |
|
assault, kidnapping, rape, sexual battery, gross sexual | 2422 |
|
imposition, aggravated arson, aggravated robbery, or aggravated | 2423 |
|
burglary, or who has pleaded guilty to, has been found by a judge | 2424 |
|
or jury to be guilty of, or has had a judicial finding of | 2425 |
|
eligibility for treatment in lieu of conviction entered against | 2426 |
|
the individual in another jurisdiction for any substantially | 2427 |
|
equivalent criminal offense, is hereby suspended from practice | 2428 |
|
under this chapter by operation of law, and any license issued to | 2429 |
|
the individual under this chapter is hereby suspended by operation | 2430 |
|
of law as of the date of the guilty plea, verdict or finding of | 2431 |
|
guilt, or judicial finding of eligibility for treatment in lieu of | 2432 |
|
conviction, regardless of whether the proceedings are brought in | 2433 |
|
this state or another jurisdiction. The board shall notify the | 2434 |
|
suspended individual of the suspension of the individual's license | 2435 |
by the operation of this division by certified maila delivery | 2436 |
|
system or in person in accordance with section 119.07 of the | 2437 |
|
Revised Code. If an individual whose license is suspended under | 2438 |
|
this division fails to make a timely request for an adjudicatory | 2439 |
|
hearing, the board shall enter a final order revoking the license. | 2440 |
| Sec. 4723.281. (A) As used in this section, with regard to | 2446 |
|
offenses committed in Ohio, "aggravated murder," "murder," | 2447 |
|
"voluntary manslaughter," "felonious assault," "kidnapping," | 2448 |
|
"rape," "sexual battery," "gross sexual imposition," "aggravated | 2449 |
|
arson," "aggravated robbery," and "aggravated burglary" mean such | 2450 |
|
offenses as defined in Title XXIX of the Revised Code; with regard | 2451 |
|
to offenses committed in other jurisdictions, the terms mean | 2452 |
|
offenses comparable to offenses defined in Title XXIX of the | 2453 |
|
Revised Code. | 2454 |
| (B) When there is clear and convincing evidence that | 2455 |
|
continued practice by an individual licensed under this chapter | 2456 |
|
presents a danger of immediate and serious harm to the public, as | 2457 |
|
determined on consideration of the evidence by the president and | 2458 |
|
the executive director of the board of nursing, the president and | 2459 |
|
director shall impose on the individual a summary suspension | 2460 |
|
without a hearing. An individual serving as president or executive | 2461 |
|
director in the absence of the president or executive director may | 2462 |
|
take any action that this section requires or authorizes the | 2463 |
|
president or executive director to take. | 2464 |
| Immediately following the decision to impose a summary | 2465 |
|
suspension, the board shall issue a written order of suspension | 2466 |
and cause it to be delivered by certified maila delivery system | 2467 |
|
or in person in accordance with section 119.07 of the Revised | 2468 |
|
Code. The order shall not be subject to suspension by the court | 2469 |
|
during the pendency of any appeal filed under section 119.12 of | 2470 |
|
the Revised Code. If the individual subject to the suspension | 2471 |
|
requests an adjudication, the date set for the adjudication shall | 2472 |
|
be within fifteen days but not earlier than seven days after the | 2473 |
|
individual makes the request, unless another date is agreed to by | 2474 |
|
both the individual and the board. The summary suspension shall | 2475 |
|
remain in effect, unless reversed by the board, until a final | 2476 |
|
adjudication order issued by the board pursuant to this section | 2477 |
|
and Chapter 119. of the Revised Code becomes effective. | 2478 |
| (C) The license or certificate issued to an individual under | 2484 |
|
this chapter is automatically suspended on that individual's | 2485 |
|
conviction of, plea of guilty to, or judicial finding with regard | 2486 |
|
to any of the following: aggravated murder, murder, voluntary | 2487 |
|
manslaughter, felonious assault, kidnapping, rape, sexual battery, | 2488 |
|
gross sexual imposition, aggravated arson, aggravated robbery, or | 2489 |
|
aggravated burglary. The suspension shall remain in effect from | 2490 |
|
the date of the conviction, plea, or finding until an adjudication | 2491 |
|
is held under Chapter 119. of the Revised Code. If the board has | 2492 |
|
knowledge that an automatic suspension has occurred, it shall | 2493 |
|
notify the individual subject to the suspension. If the individual | 2494 |
|
is notified and either fails to request an adjudication within the | 2495 |
|
time periods established by Chapter 119. of the Revised Code or | 2496 |
|
fails to participate in the adjudication, the board shall enter a | 2497 |
|
final order permanently revoking the person's license or | 2498 |
|
certificate. | 2499 |
| Sec. 4725.24. If the secretary of the state board of | 2500 |
|
optometry and the board's supervising member of investigations | 2501 |
|
determine that there is clear and convincing evidence that an | 2502 |
|
optometrist has violated division (B) of section 4725.19 of the | 2503 |
|
Revised Code and that the optometrist's continued practice | 2504 |
|
presents a danger of immediate and serious harm to the public, | 2505 |
|
they may recommend that the board suspend without a prior hearing | 2506 |
|
the optometrist's certificate of licensure and any other | 2507 |
|
certificates held by the optometrist. Written allegations shall be | 2508 |
|
prepared for consideration by the full board. | 2509 |
| The board shall issue a written order of suspension by | 2515 |
certified maila delivery system or in person in accordance with | 2516 |
|
section 119.07 of the Revised Code. The order shall not be subject | 2517 |
|
to suspension by the court during pendency of any appeal filed | 2518 |
|
under section 119.12 of the Revised Code. If the individual | 2519 |
|
subject to the summary suspension requests an adjudicatory hearing | 2520 |
|
by the board, the date set for the hearing shall be within fifteen | 2521 |
|
days, but not earlier than seven days, after the individual | 2522 |
|
requests the hearing, unless otherwise agreed to by both the board | 2523 |
|
and the individual. | 2524 |
| Any summary suspension imposed under this division shall | 2525 |
|
remain in effect, unless reversed on appeal, until a final | 2526 |
|
adjudicative order issued by the board pursuant to section 4725.19 | 2527 |
|
of the Revised Code and Chapter 119. of the Revised Code becomes | 2528 |
|
effective. The board shall issue its final adjudicative order | 2529 |
|
within sixty days after completion of its hearing. A failure to | 2530 |
|
issue the order within sixty days shall result in dissolution of | 2531 |
|
the summary suspension order but shall not invalidate any | 2532 |
|
subsequent, final adjudicative order. | 2533 |
| (B) The board, by an affirmative vote of not fewer than six | 2540 |
|
members, shall, to the extent permitted by law, limit, revoke, or | 2541 |
|
suspend an individual's certificate to practice as a physician | 2542 |
|
assistant or certificate to prescribe, refuse to issue a | 2543 |
|
certificate to an applicant, refuse to reinstate a certificate, or | 2544 |
|
reprimand or place on probation the holder of a certificate for | 2545 |
|
any of the following reasons: | 2546 |
| (1) Failure to practice in accordance with the conditions | 2547 |
|
under which the supervising physician's supervision agreement with | 2548 |
|
the physician assistant was approved, including the requirement | 2549 |
|
that when practicing under a particular supervising physician, the | 2550 |
|
physician assistant must practice only according to the physician | 2551 |
|
supervisory plan the board approved for that physician or the | 2552 |
|
policies of the health care facility in which the supervising | 2553 |
|
physician and physician assistant are practicing; | 2554 |
| (8) Making a false, fraudulent, deceptive, or misleading | 2573 |
|
statement in soliciting or advertising for employment as a | 2574 |
|
physician assistant; in connection with any solicitation or | 2575 |
|
advertisement for patients; in relation to the practice of | 2576 |
|
medicine as it pertains to physician assistants; or in securing or | 2577 |
|
attempting to secure a certificate to practice as a physician | 2578 |
|
assistant, a certificate to prescribe, or approval of a | 2579 |
|
supervision agreement. | 2580 |
| As used in this division, "false, fraudulent, deceptive, or | 2581 |
|
misleading statement" means a statement that includes a | 2582 |
|
misrepresentation of fact, is likely to mislead or deceive because | 2583 |
|
of a failure to disclose material facts, is intended or is likely | 2584 |
|
to create false or unjustified expectations of favorable results, | 2585 |
|
or includes representations or implications that in reasonable | 2586 |
|
probability will cause an ordinarily prudent person to | 2587 |
|
misunderstand or be deceived. | 2588 |
| (18) Any of the following actions taken by the state agency | 2619 |
|
responsible for regulating the practice of physician assistants in | 2620 |
|
another state, for any reason other than the nonpayment of fees: | 2621 |
|
the limitation, revocation, or suspension of an individual's | 2622 |
|
license to practice; acceptance of an individual's license | 2623 |
|
surrender; denial of a license; refusal to renew or reinstate a | 2624 |
|
license; imposition of probation; or issuance of an order of | 2625 |
|
censure or other reprimand; | 2626 |
| (22) Failure to cooperate in an investigation conducted by | 2637 |
|
the board under section 4730.26 of the Revised Code, including | 2638 |
|
failure to comply with a subpoena or order issued by the board or | 2639 |
|
failure to answer truthfully a question presented by the board at | 2640 |
|
a deposition or in written interrogatories, except that failure to | 2641 |
|
cooperate with an investigation shall not constitute grounds for | 2642 |
|
discipline under this section if a court of competent jurisdiction | 2643 |
|
has issued an order that either quashes a subpoena or permits the | 2644 |
|
individual to withhold the testimony or evidence in issue; | 2645 |
| (C) Disciplinary actions taken by the board under divisions | 2650 |
|
(A) and (B) of this section shall be taken pursuant to an | 2651 |
|
adjudication under Chapter 119. of the Revised Code, except that | 2652 |
|
in lieu of an adjudication, the board may enter into a consent | 2653 |
|
agreement with a physician assistant or applicant to resolve an | 2654 |
|
allegation of a violation of this chapter or any rule adopted | 2655 |
|
under it. A consent agreement, when ratified by an affirmative | 2656 |
|
vote of not fewer than six members of the board, shall constitute | 2657 |
|
the findings and order of the board with respect to the matter | 2658 |
|
addressed in the agreement. If the board refuses to ratify a | 2659 |
|
consent agreement, the admissions and findings contained in the | 2660 |
|
consent agreement shall be of no force or effect. | 2661 |
| (D) For purposes of divisions (B)(12), (15), and (16) of this | 2662 |
|
section, the commission of the act may be established by a finding | 2663 |
|
by the board, pursuant to an adjudication under Chapter 119. of | 2664 |
|
the Revised Code, that the applicant or certificate holder | 2665 |
|
committed the act in question. The board shall have no | 2666 |
|
jurisdiction under these divisions in cases where the trial court | 2667 |
|
renders a final judgment in the certificate holder's favor and | 2668 |
|
that judgment is based upon an adjudication on the merits. The | 2669 |
|
board shall have jurisdiction under these divisions in cases where | 2670 |
|
the trial court issues an order of dismissal upon technical or | 2671 |
|
procedural grounds. | 2672 |
| (E) The sealing of conviction records by any court shall have | 2673 |
|
no effect upon a prior board order entered under the provisions of | 2674 |
|
this section or upon the board's jurisdiction to take action under | 2675 |
|
the provisions of this section if, based upon a plea of guilty, a | 2676 |
|
judicial finding of guilt, or a judicial finding of eligibility | 2677 |
|
for intervention in lieu of conviction, the board issued a notice | 2678 |
|
of opportunity for a hearing prior to the court's order to seal | 2679 |
|
the records. The board shall not be required to seal, destroy, | 2680 |
|
redact, or otherwise modify its records to reflect the court's | 2681 |
|
sealing of conviction records. | 2682 |
| (F) For purposes of this division, any individual who holds a | 2683 |
|
certificate issued under this chapter, or applies for a | 2684 |
|
certificate issued under this chapter, shall be deemed to have | 2685 |
|
given consent to submit to a mental or physical examination when | 2686 |
|
directed to do so in writing by the board and to have waived all | 2687 |
|
objections to the admissibility of testimony or examination | 2688 |
|
reports that constitute a privileged communication. | 2689 |
| (1) In enforcing division (B)(4) of this section, the board, | 2690 |
|
upon a showing of a possible violation, may compel any individual | 2691 |
|
who holds a certificate issued under this chapter or who has | 2692 |
|
applied for a certificate pursuant to this chapter to submit to a | 2693 |
|
mental examination, physical examination, including an HIV test, | 2694 |
|
or both a mental and physical examination. The expense of the | 2695 |
|
examination is the responsibility of the individual compelled to | 2696 |
|
be examined. Failure to submit to a mental or physical examination | 2697 |
|
or consent to an HIV test ordered by the board constitutes an | 2698 |
|
admission of the allegations against the individual unless the | 2699 |
|
failure is due to circumstances beyond the individual's control, | 2700 |
|
and a default and final order may be entered without the taking of | 2701 |
|
testimony or presentation of evidence. If the board finds a | 2702 |
|
physician assistant unable to practice because of the reasons set | 2703 |
|
forth in division (B)(4) of this section, the board shall require | 2704 |
|
the physician assistant to submit to care, counseling, or | 2705 |
|
treatment by physicians approved or designated by the board, as a | 2706 |
|
condition for an initial, continued, reinstated, or renewed | 2707 |
|
certificate. An individual affected under this division shall be | 2708 |
|
afforded an opportunity to demonstrate to the board the ability to | 2709 |
|
resume practicing in compliance with acceptable and prevailing | 2710 |
|
standards of care. | 2711 |
| (2) For purposes of division (B)(5) of this section, if the | 2712 |
|
board has reason to believe that any individual who holds a | 2713 |
|
certificate issued under this chapter or any applicant for a | 2714 |
|
certificate suffers such impairment, the board may compel the | 2715 |
|
individual to submit to a mental or physical examination, or both. | 2716 |
|
The expense of the examination is the responsibility of the | 2717 |
|
individual compelled to be examined. Any mental or physical | 2718 |
|
examination required under this division shall be undertaken by a | 2719 |
|
treatment provider or physician qualified to conduct such | 2720 |
|
examination and chosen by the board. | 2721 |
| Failure to submit to a mental or physical examination ordered | 2722 |
|
by the board constitutes an admission of the allegations against | 2723 |
|
the individual unless the failure is due to circumstances beyond | 2724 |
|
the individual's control, and a default and final order may be | 2725 |
|
entered without the taking of testimony or presentation of | 2726 |
|
evidence. If the board determines that the individual's ability to | 2727 |
|
practice is impaired, the board shall suspend the individual's | 2728 |
|
certificate or deny the individual's application and shall require | 2729 |
|
the individual, as a condition for initial, continued, reinstated, | 2730 |
|
or renewed certification to practice or prescribe, to submit to | 2731 |
|
treatment. | 2732 |
| When the impaired physician assistant resumes practice or | 2752 |
|
prescribing, the board shall require continued monitoring of the | 2753 |
|
physician assistant. The monitoring shall include compliance with | 2754 |
|
the written consent agreement entered into before reinstatement or | 2755 |
|
with conditions imposed by board order after a hearing, and, upon | 2756 |
|
termination of the consent agreement, submission to the board for | 2757 |
|
at least two years of annual written progress reports made under | 2758 |
|
penalty of falsification stating whether the physician assistant | 2759 |
|
has maintained sobriety. | 2760 |
| (G) If the secretary and supervising member determine that | 2761 |
|
there is clear and convincing evidence that a physician assistant | 2762 |
|
has violated division (B) of this section and that the | 2763 |
|
individual's continued practice or prescribing presents a danger | 2764 |
|
of immediate and serious harm to the public, they may recommend | 2765 |
|
that the board suspend the individual's certificate to practice or | 2766 |
|
prescribe without a prior hearing. Written allegations shall be | 2767 |
|
prepared for consideration by the board. | 2768 |
| The board shall issue a written order of suspension by | 2775 |
certified maila delivery system or in person in accordance with | 2776 |
|
section 119.07 of the Revised Code. The order shall not be subject | 2777 |
|
to suspension by the court during pendency of any appeal filed | 2778 |
|
under section 119.12 of the Revised Code. If the physician | 2779 |
|
assistant requests an adjudicatory hearing by the board, the date | 2780 |
|
set for the hearing shall be within fifteen days, but not earlier | 2781 |
|
than seven days, after the physician assistant requests the | 2782 |
|
hearing, unless otherwise agreed to by both the board and the | 2783 |
|
certificate holder. | 2784 |
| A summary suspension imposed under this division shall remain | 2785 |
|
in effect, unless reversed on appeal, until a final adjudicative | 2786 |
|
order issued by the board pursuant to this section and Chapter | 2787 |
|
119. of the Revised Code becomes effective. The board shall issue | 2788 |
|
its final adjudicative order within sixty days after completion of | 2789 |
|
its hearing. Failure to issue the order within sixty days shall | 2790 |
|
result in dissolution of the summary suspension order, but shall | 2791 |
|
not invalidate any subsequent, final adjudicative order. | 2792 |
| (H) If the board takes action under division (B)(11), (13), | 2793 |
|
or (14) of this section, and the judicial finding of guilt, guilty | 2794 |
|
plea, or judicial finding of eligibility for intervention in lieu | 2795 |
|
of conviction is overturned on appeal, upon exhaustion of the | 2796 |
|
criminal appeal, a petition for reconsideration of the order may | 2797 |
|
be filed with the board along with appropriate court documents. | 2798 |
|
Upon receipt of a petition and supporting court documents, the | 2799 |
|
board shall reinstate the certificate to practice or prescribe. | 2800 |
|
The board may then hold an adjudication under Chapter 119. of the | 2801 |
|
Revised Code to determine whether the individual committed the act | 2802 |
|
in question. Notice of opportunity for hearing shall be given in | 2803 |
|
accordance with Chapter 119. of the Revised Code. If the board | 2804 |
|
finds, pursuant to an adjudication held under this division, that | 2805 |
|
the individual committed the act, or if no hearing is requested, | 2806 |
|
it may order any of the sanctions identified under division (B) of | 2807 |
|
this section. | 2808 |
| (I) The certificate to practice issued to a physician | 2809 |
|
assistant and the physician assistant's practice in this state are | 2810 |
|
automatically suspended as of the date the physician assistant | 2811 |
|
pleads guilty to, is found by a judge or jury to be guilty of, or | 2812 |
|
is subject to a judicial finding of eligibility for intervention | 2813 |
|
in lieu of conviction in this state or treatment or intervention | 2814 |
|
in lieu of conviction in another state for any of the following | 2815 |
|
criminal offenses in this state or a substantially equivalent | 2816 |
|
criminal offense in another jurisdiction: aggravated murder, | 2817 |
|
murder, voluntary manslaughter, felonious assault, kidnapping, | 2818 |
|
rape, sexual battery, gross sexual imposition, aggravated arson, | 2819 |
|
aggravated robbery, or aggravated burglary. Continued practice | 2820 |
|
after the suspension shall be considered practicing without a | 2821 |
|
certificate. | 2822 |
| (J) In any instance in which the board is required by Chapter | 2830 |
|
119. of the Revised Code to give notice of opportunity for hearing | 2831 |
|
and the individual subject to the notice does not timely request a | 2832 |
|
hearing in accordance with section 119.07 of the Revised Code, the | 2833 |
|
board is not required to hold a hearing, but may adopt, by an | 2834 |
|
affirmative vote of not fewer than six of its members, a final | 2835 |
|
order that contains the board's findings. In that final order, the | 2836 |
|
board may order any of the sanctions identified under division (A) | 2837 |
|
or (B) of this section. | 2838 |
| (K) Any action taken by the board under division (B) of this | 2839 |
|
section resulting in a suspension shall be accompanied by a | 2840 |
|
written statement of the conditions under which the physician | 2841 |
|
assistant's certificate may be reinstated. The board shall adopt | 2842 |
|
rules in accordance with Chapter 119. of the Revised Code | 2843 |
|
governing conditions to be imposed for reinstatement. | 2844 |
|
Reinstatement of a certificate suspended pursuant to division (B) | 2845 |
|
of this section requires an affirmative vote of not fewer than six | 2846 |
|
members of the board. | 2847 |
| (L) When the board refuses to grant to an applicant a | 2848 |
|
certificate to practice as a physician assistant or a certificate | 2849 |
|
to prescribe, revokes an individual's certificate, refuses to | 2850 |
|
issue a certificate, or refuses to reinstate an individual's | 2851 |
|
certificate, the board may specify that its action is permanent. | 2852 |
|
An individual subject to a permanent action taken by the board is | 2853 |
|
forever thereafter ineligible to hold the certificate and the | 2854 |
|
board shall not accept an application for reinstatement of the | 2855 |
|
certificate or for issuance of a new certificate. | 2856 |
| Sec. 4731.22. (A) The state medical board, by an affirmative | 2871 |
|
vote of not fewer than six of its members, may revoke or may | 2872 |
|
refuse to grant a certificate to a person found by the board to | 2873 |
|
have committed fraud during the administration of the examination | 2874 |
|
for a certificate to practice or to have committed fraud, | 2875 |
|
misrepresentation, or deception in applying for or securing any | 2876 |
|
certificate to practice or certificate of registration issued by | 2877 |
|
the board. | 2878 |
| (B) The board, by an affirmative vote of not fewer than six | 2879 |
|
members, shall, to the extent permitted by law, limit, revoke, or | 2880 |
|
suspend an individual's certificate to practice, refuse to | 2881 |
|
register an individual, refuse to reinstate a certificate, or | 2882 |
|
reprimand or place on probation the holder of a certificate for | 2883 |
|
one or more of the following reasons: | 2884 |
| (3) Selling, giving away, personally furnishing, prescribing, | 2893 |
|
or administering drugs for other than legal and legitimate | 2894 |
|
therapeutic purposes or a plea of guilty to, a judicial finding of | 2895 |
|
guilt of, or a judicial finding of eligibility for intervention in | 2896 |
|
lieu of conviction of, a violation of any federal or state law | 2897 |
|
regulating the possession, distribution, or use of any drug; | 2898 |
| For purposes of this division, "willfully betraying a | 2900 |
|
professional confidence" does not include providing any | 2901 |
|
information, documents, or reports to a child fatality review | 2902 |
|
board under sections 307.621 to 307.629 of the Revised Code and | 2903 |
|
does not include the making of a report of an employee's use of a | 2904 |
|
drug of abuse, or a report of a condition of an employee other | 2905 |
|
than one involving the use of a drug of abuse, to the employer of | 2906 |
|
the employee as described in division (B) of section 2305.33 of | 2907 |
|
the Revised Code. Nothing in this division affects the immunity | 2908 |
|
from civil liability conferred by that section upon a physician | 2909 |
|
who makes either type of report in accordance with division (B) of | 2910 |
|
that section. As used in this division, "employee," "employer," | 2911 |
|
and "physician" have the same meanings as in section 2305.33 of | 2912 |
|
the Revised Code. | 2913 |
| (5) Making a false, fraudulent, deceptive, or misleading | 2914 |
|
statement in the solicitation of or advertising for patients; in | 2915 |
|
relation to the practice of medicine and surgery, osteopathic | 2916 |
|
medicine and surgery, podiatric medicine and surgery, or a limited | 2917 |
|
branch of medicine; or in securing or attempting to secure any | 2918 |
|
certificate to practice or certificate of registration issued by | 2919 |
|
the board. | 2920 |
| As used in this division, "false, fraudulent, deceptive, or | 2921 |
|
misleading statement" means a statement that includes a | 2922 |
|
misrepresentation of fact, is likely to mislead or deceive because | 2923 |
|
of a failure to disclose material facts, is intended or is likely | 2924 |
|
to create false or unjustified expectations of favorable results, | 2925 |
|
or includes representations or implications that in reasonable | 2926 |
|
probability will cause an ordinarily prudent person to | 2927 |
|
misunderstand or be deceived. | 2928 |
| (18) Subject to section 4731.226 of the Revised Code, | 2966 |
|
violation of any provision of a code of ethics of the American | 2967 |
|
medical association, the American osteopathic association, the | 2968 |
|
American podiatric medical association, or any other national | 2969 |
|
professional organizations that the board specifies by rule. The | 2970 |
|
state medical board shall obtain and keep on file current copies | 2971 |
|
of the codes of ethics of the various national professional | 2972 |
|
organizations. The individual whose certificate is being suspended | 2973 |
|
or revoked shall not be found to have violated any provision of a | 2974 |
|
code of ethics of an organization not appropriate to the | 2975 |
|
individual's profession. | 2976 |
| For purposes of this division, a "provision of a code of | 2977 |
|
ethics of a national professional organization" does not include | 2978 |
|
any provision that would preclude the making of a report by a | 2979 |
|
physician of an employee's use of a drug of abuse, or of a | 2980 |
|
condition of an employee other than one involving the use of a | 2981 |
|
drug of abuse, to the employer of the employee as described in | 2982 |
|
division (B) of section 2305.33 of the Revised Code. Nothing in | 2983 |
|
this division affects the immunity from civil liability conferred | 2984 |
|
by that section upon a physician who makes either type of report | 2985 |
|
in accordance with division (B) of that section. As used in this | 2986 |
|
division, "employee," "employer," and "physician" have the same | 2987 |
|
meanings as in section 2305.33 of the Revised Code. | 2988 |
| In enforcing this division, the board, upon a showing of a | 2994 |
|
possible violation, may compel any individual authorized to | 2995 |
|
practice by this chapter or who has submitted an application | 2996 |
|
pursuant to this chapter to submit to a mental examination, | 2997 |
|
physical examination, including an HIV test, or both a mental and | 2998 |
|
a physical examination. The expense of the examination is the | 2999 |
|
responsibility of the individual compelled to be examined. Failure | 3000 |
|
to submit to a mental or physical examination or consent to an HIV | 3001 |
|
test ordered by the board constitutes an admission of the | 3002 |
|
allegations against the individual unless the failure is due to | 3003 |
|
circumstances beyond the individual's control, and a default and | 3004 |
|
final order may be entered without the taking of testimony or | 3005 |
|
presentation of evidence. If the board finds an individual unable | 3006 |
|
to practice because of the reasons set forth in this division, the | 3007 |
|
board shall require the individual to submit to care, counseling, | 3008 |
|
or treatment by physicians approved or designated by the board, as | 3009 |
|
a condition for initial, continued, reinstated, or renewed | 3010 |
|
authority to practice. An individual affected under this division | 3011 |
|
shall be afforded an opportunity to demonstrate to the board the | 3012 |
|
ability to resume practice in compliance with acceptable and | 3013 |
|
prevailing standards under the provisions of the individual's | 3014 |
|
certificate. For the purpose of this division, any individual who | 3015 |
|
applies for or receives a certificate to practice under this | 3016 |
|
chapter accepts the privilege of practicing in this state and, by | 3017 |
|
so doing, shall be deemed to have given consent to submit to a | 3018 |
|
mental or physical examination when directed to do so in writing | 3019 |
|
by the board, and to have waived all objections to the | 3020 |
|
admissibility of testimony or examination reports that constitute | 3021 |
|
a privileged communication. | 3022 |
| (20) Except when civil penalties are imposed under section | 3023 |
|
4731.225 or 4731.281 of the Revised Code, and subject to section | 3024 |
|
4731.226 of the Revised Code, violating or attempting to violate, | 3025 |
|
directly or indirectly, or assisting in or abetting the violation | 3026 |
|
of, or conspiring to violate, any provisions of this chapter or | 3027 |
|
any rule promulgated by the board. | 3028 |
| This division does not apply to a violation or attempted | 3029 |
|
violation of, assisting in or abetting the violation of, or a | 3030 |
|
conspiracy to violate, any provision of this chapter or any rule | 3031 |
|
adopted by the board that would preclude the making of a report by | 3032 |
|
a physician of an employee's use of a drug of abuse, or of a | 3033 |
|
condition of an employee other than one involving the use of a | 3034 |
|
drug of abuse, to the employer of the employee as described in | 3035 |
|
division (B) of section 2305.33 of the Revised Code. Nothing in | 3036 |
|
this division affects the immunity from civil liability conferred | 3037 |
|
by that section upon a physician who makes either type of report | 3038 |
|
in accordance with division (B) of that section. As used in this | 3039 |
|
division, "employee," "employer," and "physician" have the same | 3040 |
|
meanings as in section 2305.33 of the Revised Code. | 3041 |
| (22) Any of the following actions taken by an agency | 3045 |
|
responsible for authorizing, certifying, or regulating an | 3046 |
|
individual to practice a health care occupation or provide health | 3047 |
|
care services in this state or another jurisdiction, for any | 3048 |
|
reason other than the nonpayment of fees: the limitation, | 3049 |
|
revocation, or suspension of an individual's license to practice; | 3050 |
|
acceptance of an individual's license surrender; denial of a | 3051 |
|
license; refusal to renew or reinstate a license; imposition of | 3052 |
|
probation; or issuance of an order of censure or other reprimand; | 3053 |
| (23) The violation of section 2919.12 of the Revised Code or | 3054 |
|
the performance or inducement of an abortion upon a pregnant woman | 3055 |
|
with actual knowledge that the conditions specified in division | 3056 |
|
(B) of section 2317.56 of the Revised Code have not been satisfied | 3057 |
|
or with a heedless indifference as to whether those conditions | 3058 |
|
have been satisfied, unless an affirmative defense as specified in | 3059 |
|
division (H)(2) of that section would apply in a civil action | 3060 |
|
authorized by division (H)(1) of that section; | 3061 |
| For the purposes of this division, any individual authorized | 3077 |
|
to practice by this chapter accepts the privilege of practicing in | 3078 |
|
this state subject to supervision by the board. By filing an | 3079 |
|
application for or holding a certificate to practice under this | 3080 |
|
chapter, an individual shall be deemed to have given consent to | 3081 |
|
submit to a mental or physical examination when ordered to do so | 3082 |
|
by the board in writing, and to have waived all objections to the | 3083 |
|
admissibility of testimony or examination reports that constitute | 3084 |
|
privileged communications. | 3085 |
| If it has reason to believe that any individual authorized to | 3086 |
|
practice by this chapter or any applicant for certification to | 3087 |
|
practice suffers such impairment, the board may compel the | 3088 |
|
individual to submit to a mental or physical examination, or both. | 3089 |
|
The expense of the examination is the responsibility of the | 3090 |
|
individual compelled to be examined. Any mental or physical | 3091 |
|
examination required under this division shall be undertaken by a | 3092 |
|
treatment provider or physician who is qualified to conduct the | 3093 |
|
examination and who is chosen by the board. | 3094 |
| Failure to submit to a mental or physical examination ordered | 3095 |
|
by the board constitutes an admission of the allegations against | 3096 |
|
the individual unless the failure is due to circumstances beyond | 3097 |
|
the individual's control, and a default and final order may be | 3098 |
|
entered without the taking of testimony or presentation of | 3099 |
|
evidence. If the board determines that the individual's ability to | 3100 |
|
practice is impaired, the board shall suspend the individual's | 3101 |
|
certificate or deny the individual's application and shall require | 3102 |
|
the individual, as a condition for initial, continued, reinstated, | 3103 |
|
or renewed certification to practice, to submit to treatment. | 3104 |
| When the impaired practitioner resumes practice, the board | 3126 |
|
shall require continued monitoring of the individual. The | 3127 |
|
monitoring shall include, but not be limited to, compliance with | 3128 |
|
the written consent agreement entered into before reinstatement or | 3129 |
|
with conditions imposed by board order after a hearing, and, upon | 3130 |
|
termination of the consent agreement, submission to the board for | 3131 |
|
at least two years of annual written progress reports made under | 3132 |
|
penalty of perjury stating whether the individual has maintained | 3133 |
|
sobriety. | 3134 |
| (34) Failure to cooperate in an investigation conducted by | 3171 |
|
the board under division (F) of this section, including failure to | 3172 |
|
comply with a subpoena or order issued by the board or failure to | 3173 |
|
answer truthfully a question presented by the board at a | 3174 |
|
deposition or in written interrogatories, except that failure to | 3175 |
|
cooperate with an investigation shall not constitute grounds for | 3176 |
|
discipline under this section if a court of competent jurisdiction | 3177 |
|
has issued an order that either quashes a subpoena or permits the | 3178 |
|
individual to withhold the testimony or evidence in issue; | 3179 |
| (C) Disciplinary actions taken by the board under divisions | 3212 |
|
(A) and (B) of this section shall be taken pursuant to an | 3213 |
|
adjudication under Chapter 119. of the Revised Code, except that | 3214 |
|
in lieu of an adjudication, the board may enter into a consent | 3215 |
|
agreement with an individual to resolve an allegation of a | 3216 |
|
violation of this chapter or any rule adopted under it. A consent | 3217 |
|
agreement, when ratified by an affirmative vote of not fewer than | 3218 |
|
six members of the board, shall constitute the findings and order | 3219 |
|
of the board with respect to the matter addressed in the | 3220 |
|
agreement. If the board refuses to ratify a consent agreement, the | 3221 |
|
admissions and findings contained in the consent agreement shall | 3222 |
|
be of no force or effect. | 3223 |
| If the board takes disciplinary action against an individual | 3229 |
|
under division (B) of this section for a second or subsequent plea | 3230 |
|
of guilty to, or judicial finding of guilt of, a violation of | 3231 |
|
section 2919.123 of the Revised Code, the disciplinary action | 3232 |
|
shall consist of a suspension of the individual's certificate to | 3233 |
|
practice for a period of at least one year or, if determined | 3234 |
|
appropriate by the board, a more serious sanction involving the | 3235 |
|
individual's certificate to practice. Any consent agreement | 3236 |
|
entered into under this division with an individual that pertains | 3237 |
|
to a second or subsequent plea of guilty to, or judicial finding | 3238 |
|
of guilt of, a violation of that section shall provide for a | 3239 |
|
suspension of the individual's certificate to practice for a | 3240 |
|
period of at least one year or, if determined appropriate by the | 3241 |
|
board, a more serious sanction involving the individual's | 3242 |
|
certificate to practice. | 3243 |
| (D) For purposes of divisions (B)(10), (12), and (14) of this | 3244 |
|
section, the commission of the act may be established by a finding | 3245 |
|
by the board, pursuant to an adjudication under Chapter 119. of | 3246 |
|
the Revised Code, that the individual committed the act. The board | 3247 |
|
does not have jurisdiction under those divisions if the trial | 3248 |
|
court renders a final judgment in the individual's favor and that | 3249 |
|
judgment is based upon an adjudication on the merits. The board | 3250 |
|
has jurisdiction under those divisions if the trial court issues | 3251 |
|
an order of dismissal upon technical or procedural grounds. | 3252 |
| (E) The sealing of conviction records by any court shall have | 3253 |
|
no effect upon a prior board order entered under this section or | 3254 |
|
upon the board's jurisdiction to take action under this section | 3255 |
|
if, based upon a plea of guilty, a judicial finding of guilt, or a | 3256 |
|
judicial finding of eligibility for intervention in lieu of | 3257 |
|
conviction, the board issued a notice of opportunity for a hearing | 3258 |
|
prior to the court's order to seal the records. The board shall | 3259 |
|
not be required to seal, destroy, redact, or otherwise modify its | 3260 |
|
records to reflect the court's sealing of conviction records. | 3261 |
| (F)(1) The board shall investigate evidence that appears to | 3262 |
|
show that a person has violated any provision of this chapter or | 3263 |
|
any rule adopted under it. Any person may report to the board in a | 3264 |
|
signed writing any information that the person may have that | 3265 |
|
appears to show a violation of any provision of this chapter or | 3266 |
|
any rule adopted under it. In the absence of bad faith, any person | 3267 |
|
who reports information of that nature or who testifies before the | 3268 |
|
board in any adjudication conducted under Chapter 119. of the | 3269 |
|
Revised Code shall not be liable in damages in a civil action as a | 3270 |
|
result of the report or testimony. Each complaint or allegation of | 3271 |
|
a violation received by the board shall be assigned a case number | 3272 |
|
and shall be recorded by the board. | 3273 |
| (2) Investigations of alleged violations of this chapter or | 3274 |
|
any rule adopted under it shall be supervised by the supervising | 3275 |
|
member elected by the board in accordance with section 4731.02 of | 3276 |
|
the Revised Code and by the secretary as provided in section | 3277 |
|
4731.39 of the Revised Code. The president may designate another | 3278 |
|
member of the board to supervise the investigation in place of the | 3279 |
|
supervising member. No member of the board who supervises the | 3280 |
|
investigation of a case shall participate in further adjudication | 3281 |
|
of the case. | 3282 |
| (3) In investigating a possible violation of this chapter or | 3283 |
|
any rule adopted under this chapter, the board may administer | 3284 |
|
oaths, order the taking of depositions, inspect and copy any | 3285 |
|
books, accounts, papers, records, or documents, issue subpoenas, | 3286 |
|
and compel the attendance of witnesses and production of books, | 3287 |
|
accounts, papers, records, documents, and testimony, except that a | 3288 |
|
subpoena for patient record information shall not be issued | 3289 |
|
without consultation with the attorney general's office and | 3290 |
|
approval of the secretary and supervising member of the board. | 3291 |
|
Before issuance of a subpoena for patient record information, the | 3292 |
|
secretary and supervising member shall determine whether there is | 3293 |
|
probable cause to believe that the complaint filed alleges a | 3294 |
|
violation of this chapter or any rule adopted under it and that | 3295 |
|
the records sought are relevant to the alleged violation and | 3296 |
|
material to the investigation. The subpoena may apply only to | 3297 |
|
records that cover a reasonable period of time surrounding the | 3298 |
|
alleged violation. | 3299 |
| A subpoena issued by the board may be served by a sheriff, | 3304 |
|
the sheriff's deputy, or a board employee designated by the board. | 3305 |
|
Service of a subpoena issued by the board may be made by | 3306 |
|
delivering a copy of the subpoena to the person named therein, | 3307 |
|
reading it to the person, or leaving it at the person's usual | 3308 |
|
place of residence. When the person being served is a person whose | 3309 |
|
practice is authorized by this chapter, service of the subpoena | 3310 |
|
may be made by certified mail, restricted delivery, return receipt | 3311 |
|
requested, and the subpoena shall be deemed served on the date | 3312 |
|
delivery is made or the date the person refuses to accept | 3313 |
|
delivery. | 3314 |
| The board shall conduct all investigations and proceedings in | 3325 |
|
a manner that protects the confidentiality of patients and persons | 3326 |
|
who file complaints with the board. The board shall not make | 3327 |
|
public the names or any other identifying information about | 3328 |
|
patients or complainants unless proper consent is given or, in the | 3329 |
|
case of a patient, a waiver of the patient privilege exists under | 3330 |
|
division (B) of section 2317.02 of the Revised Code, except that | 3331 |
|
consent or a waiver of that nature is not required if the board | 3332 |
|
possesses reliable and substantial evidence that no bona fide | 3333 |
|
physician-patient relationship exists. | 3334 |
| The board may share any information it receives pursuant to | 3335 |
|
an investigation, including patient records and patient record | 3336 |
|
information, with law enforcement agencies, other licensing | 3337 |
|
boards, and other governmental agencies that are prosecuting, | 3338 |
|
adjudicating, or investigating alleged violations of statutes or | 3339 |
|
administrative rules. An agency or board that receives the | 3340 |
|
information shall comply with the same requirements regarding | 3341 |
|
confidentiality as those with which the state medical board must | 3342 |
|
comply, notwithstanding any conflicting provision of the Revised | 3343 |
|
Code or procedure of the agency or board that applies when it is | 3344 |
|
dealing with other information in its possession. In a judicial | 3345 |
|
proceeding, the information may be admitted into evidence only in | 3346 |
|
accordance with the Rules of Evidence, but the court shall require | 3347 |
|
that appropriate measures are taken to ensure that confidentiality | 3348 |
|
is maintained with respect to any part of the information that | 3349 |
|
contains names or other identifying information about patients or | 3350 |
|
complainants whose confidentiality was protected by the state | 3351 |
|
medical board when the information was in the board's possession. | 3352 |
|
Measures to ensure confidentiality that may be taken by the court | 3353 |
|
include sealing its records or deleting specific information from | 3354 |
|
its records. | 3355 |
| The board shall issue a written order of suspension by | 3385 |
certified maila delivery system or in person in accordance with | 3386 |
|
section 119.07 of the Revised Code. The order shall not be subject | 3387 |
|
to suspension by the court during pendency of any appeal filed | 3388 |
|
under section 119.12 of the Revised Code. If the individual | 3389 |
|
subject to the summary suspension requests an adjudicatory hearing | 3390 |
|
by the board, the date set for the hearing shall be within fifteen | 3391 |
|
days, but not earlier than seven days, after the individual | 3392 |
|
requests the hearing, unless otherwise agreed to by both the board | 3393 |
|
and the individual. | 3394 |
| Any summary suspension imposed under this division shall | 3395 |
|
remain in effect, unless reversed on appeal, until a final | 3396 |
|
adjudicative order issued by the board pursuant to this section | 3397 |
|
and Chapter 119. of the Revised Code becomes effective. The board | 3398 |
|
shall issue its final adjudicative order within seventy-five days | 3399 |
|
after completion of its hearing. A failure to issue the order | 3400 |
|
within seventy-five days shall result in dissolution of the | 3401 |
|
summary suspension order but shall not invalidate any subsequent, | 3402 |
|
final adjudicative order. | 3403 |
| (H) If the board takes action under division (B)(9), (11), or | 3404 |
|
(13) of this section and the judicial finding of guilt, guilty | 3405 |
|
plea, or judicial finding of eligibility for intervention in lieu | 3406 |
|
of conviction is overturned on appeal, upon exhaustion of the | 3407 |
|
criminal appeal, a petition for reconsideration of the order may | 3408 |
|
be filed with the board along with appropriate court documents. | 3409 |
|
Upon receipt of a petition of that nature and supporting court | 3410 |
|
documents, the board shall reinstate the individual's certificate | 3411 |
|
to practice. The board may then hold an adjudication under Chapter | 3412 |
|
119. of the Revised Code to determine whether the individual | 3413 |
|
committed the act in question. Notice of an opportunity for a | 3414 |
|
hearing shall be given in accordance with Chapter 119. of the | 3415 |
|
Revised Code. If the board finds, pursuant to an adjudication held | 3416 |
|
under this division, that the individual committed the act or if | 3417 |
|
no hearing is requested, the board may order any of the sanctions | 3418 |
|
identified under division (B) of this section. | 3419 |
| (I) The certificate to practice issued to an individual under | 3420 |
|
this chapter and the individual's practice in this state are | 3421 |
|
automatically suspended as of the date of the individual's second | 3422 |
|
or subsequent plea of guilty to, or judicial finding of guilt of, | 3423 |
|
a violation of section 2919.123 of the Revised Code, or the date | 3424 |
|
the individual pleads guilty to, is found by a judge or jury to be | 3425 |
|
guilty of, or is subject to a judicial finding of eligibility for | 3426 |
|
intervention in lieu of conviction in this state or treatment or | 3427 |
|
intervention in lieu of conviction in another jurisdiction for any | 3428 |
|
of the following criminal offenses in this state or a | 3429 |
|
substantially equivalent criminal offense in another jurisdiction: | 3430 |
|
aggravated murder, murder, voluntary manslaughter, felonious | 3431 |
|
assault, kidnapping, rape, sexual battery, gross sexual | 3432 |
|
imposition, aggravated arson, aggravated robbery, or aggravated | 3433 |
|
burglary. Continued practice after suspension shall be considered | 3434 |
|
practicing without a certificate. | 3435 |
| (1) If the automatic suspension under this division is for a | 3443 |
|
second or subsequent plea of guilty to, or judicial finding of | 3444 |
|
guilt of, a violation of section 2919.123 of the Revised Code, the | 3445 |
|
board shall enter an order suspending the individual's certificate | 3446 |
|
to practice for a period of at least one year or, if determined | 3447 |
|
appropriate by the board, imposing a more serious sanction | 3448 |
|
involving the individual's certificate to practice. | 3449 |
| (J) If the board is required by Chapter 119. of the Revised | 3453 |
|
Code to give notice of an opportunity for a hearing and if the | 3454 |
|
individual subject to the notice does not timely request a hearing | 3455 |
|
in accordance with section 119.07 of the Revised Code, the board | 3456 |
|
is not required to hold a hearing, but may adopt, by an | 3457 |
|
affirmative vote of not fewer than six of its members, a final | 3458 |
|
order that contains the board's findings. In that final order, the | 3459 |
|
board may order any of the sanctions identified under division (A) | 3460 |
|
or (B) of this section. | 3461 |
| (K) Any action taken by the board under division (B) of this | 3462 |
|
section resulting in a suspension from practice shall be | 3463 |
|
accompanied by a written statement of the conditions under which | 3464 |
|
the individual's certificate to practice may be reinstated. The | 3465 |
|
board shall adopt rules governing conditions to be imposed for | 3466 |
|
reinstatement. Reinstatement of a certificate suspended pursuant | 3467 |
|
to division (B) of this section requires an affirmative vote of | 3468 |
|
not fewer than six members of the board. | 3469 |
| (L) When the board refuses to grant a certificate to an | 3470 |
|
applicant, revokes an individual's certificate to practice, | 3471 |
|
refuses to register an applicant, or refuses to reinstate an | 3472 |
|
individual's certificate to practice, the board may specify that | 3473 |
|
its action is permanent. An individual subject to a permanent | 3474 |
|
action taken by the board is forever thereafter ineligible to hold | 3475 |
|
a certificate to practice and the board shall not accept an | 3476 |
|
application for reinstatement of the certificate or for issuance | 3477 |
|
of a new certificate. | 3478 |
| (1) The surrender of a certificate issued under this chapter | 3481 |
|
shall not be effective unless or until accepted by the board. A | 3482 |
|
telephone conference call may be utilized for acceptance of the | 3483 |
|
surrender of an individual's certificate to practice. The | 3484 |
|
telephone conference call shall be considered a special meeting | 3485 |
|
under division (F) of section 121.22 of the Revised Code. | 3486 |
|
Reinstatement of a certificate surrendered to the board requires | 3487 |
|
an affirmative vote of not fewer than six members of the board. | 3488 |
| (O) Under the board's investigative duties described in this | 3507 |
|
section and subject to division (F) of this section, the board | 3508 |
|
shall develop and implement a quality intervention program | 3509 |
|
designed to improve through remedial education the clinical and | 3510 |
|
communication skills of individuals authorized under this chapter | 3511 |
|
to practice medicine and surgery, osteopathic medicine and | 3512 |
|
surgery, and podiatric medicine and surgery. In developing and | 3513 |
|
implementing the quality intervention program, the board may do | 3514 |
|
all of the following: | 3515 |
| Sec. 4734.36. A chiropractor who in this state pleads guilty | 3536 |
|
to or is convicted of aggravated murder, murder, voluntary | 3537 |
|
manslaughter, felonious assault, kidnapping, rape, sexual battery, | 3538 |
|
gross sexual imposition, aggravated arson, aggravated robbery, or | 3539 |
|
aggravated burglary, or who in another jurisdiction pleads guilty | 3540 |
|
to or is convicted of any substantially equivalent criminal | 3541 |
|
offense, is automatically suspended from practice in this state | 3542 |
|
and the license issued under this chapter to practice chiropractic | 3543 |
|
is automatically suspended as of the date of the guilty plea or | 3544 |
|
conviction. If applicable, the chiropractor's certificate issued | 3545 |
|
under this chapter to practice acupuncture is automatically | 3546 |
|
suspended at the same time. Continued practice after suspension | 3547 |
|
under this section shall be considered practicing chiropractic | 3548 |
|
without a license and, if applicable, acupuncture without a | 3549 |
|
certificate. On receiving notice or otherwise becoming aware of | 3550 |
|
the conviction, the state chiropractic board shall notify the | 3551 |
individual of the suspension under this section by certified mail | 3552 |
| a delivery system or in person in accordance with section 119.07 | 3553 |
|
of the Revised Code. If an individual whose license and, if | 3554 |
|
applicable, certificate to practice acupuncture is suspended under | 3555 |
|
this section fails to make a timely request for an adjudication, | 3556 |
|
the board shall enter a final order revoking the individual's | 3557 |
|
license and, if applicable, certificate to practice acupuncture. | 3558 |
| Sec. 4734.37. If the state chiropractic board determines | 3559 |
|
that there is clear and convincing evidence that a person who has | 3560 |
|
been granted a license to practice chiropractic and, if | 3561 |
|
applicable, certificate to practice acupuncture under this chapter | 3562 |
|
has committed an act that subjects the person's license and, if | 3563 |
|
applicable, certificate to board action under section 4734.31 of | 3564 |
|
the Revised Code and that the person's continued practice presents | 3565 |
|
a danger of immediate and serious harm to the public, the board | 3566 |
|
may suspend the license and, if applicable, certificate without a | 3567 |
|
prior hearing. A telephone conference call may be utilized for | 3568 |
|
reviewing the matter and taking the vote. | 3569 |
| The board shall issue a written order of suspension by | 3570 |
certified maila delivery system or in person in accordance with | 3571 |
|
section 119.07 of the Revised Code. The order is not subject to | 3572 |
|
suspension by the court during pendency of any appeal filed under | 3573 |
|
section 119.12 of the Revised Code. If the person subject to the | 3574 |
|
suspension requests an adjudication by the board, the date set for | 3575 |
|
the adjudication shall be within twenty days, but not earlier than | 3576 |
|
seven days, after the request, unless otherwise agreed to by both | 3577 |
|
the board and the person subject to the suspension. | 3578 |
| Any summary suspension imposed under this section shall | 3579 |
|
remain in effect, unless reversed on appeal, until a final | 3580 |
|
adjudicative order issued by the board pursuant to section 4734.31 | 3581 |
|
and Chapter 119. of the Revised Code becomes effective. The board | 3582 |
|
shall issue its final adjudicative order within sixty days after | 3583 |
|
completion of its adjudication. A failure to issue the order | 3584 |
|
within sixty days shall result in dissolution of the summary | 3585 |
|
suspension order but shall not invalidate any subsequent, final | 3586 |
|
adjudicative order. | 3587 |
| Sec. 4757.361. (A) As used in this section, with regard to | 3588 |
|
offenses committed in Ohio, "aggravated murder," "murder," | 3589 |
|
"voluntary manslaughter," "felonious assault," "kidnapping," | 3590 |
|
"rape," "sexual battery," "gross sexual imposition," "aggravated | 3591 |
|
arson," "aggravated robbery," and "aggravated burglary" mean such | 3592 |
|
offenses as defined in Title XXIX of the Revised Code; with regard | 3593 |
|
to offenses committed in other jurisdictions, the terms mean | 3594 |
|
offenses comparable to offenses defined in Title XXIX of the | 3595 |
|
Revised Code. | 3596 |
| (B) When there is clear and convincing evidence that | 3597 |
|
continued practice by an individual licensed under this chapter | 3598 |
|
presents a danger of immediate and serious harm to the public, as | 3599 |
|
determined on consideration of the evidence by the professional | 3600 |
|
standards committees of the counselor, social worker, and marriage | 3601 |
|
and family therapist board, the appropriate committee shall impose | 3602 |
|
on the individual a summary suspension without a hearing. | 3603 |
| Immediately following the decision to impose a summary | 3604 |
|
suspension, the appropriate committee shall issue a written order | 3605 |
of suspension and cause it to be delivered by certified maila | 3606 |
|
delivery system or in person in accordance with section 119.07 of | 3607 |
|
the Revised Code. The order shall not be subject to suspension by | 3608 |
|
the court during the pendency of any appeal filed under section | 3609 |
|
119.12 of the Revised Code. If the individual subject to the | 3610 |
|
suspension requests an adjudication, the date set for the | 3611 |
|
adjudication shall be within fifteen days but not earlier than | 3612 |
|
seven days after the individual makes the request, unless another | 3613 |
|
date is agreed to by both the individual and the committee | 3614 |
|
imposing the suspension. The summary suspension shall remain in | 3615 |
|
effect, unless reversed by the committee, until a final | 3616 |
|
adjudication order issued by the committee pursuant to this | 3617 |
|
section and Chapter 119. of the Revised Code becomes effective. | 3618 |
| (C) The license issued to an individual under this chapter is | 3624 |
|
automatically suspended on that individual's conviction of, plea | 3625 |
|
of guilty to, or judicial finding with regard to any of the | 3626 |
|
following: aggravated murder, murder, voluntary manslaughter, | 3627 |
|
felonious assault, kidnapping, rape, sexual battery, gross sexual | 3628 |
|
imposition, aggravated arson, aggravated robbery, or aggravated | 3629 |
|
burglary. The suspension shall remain in effect from the date of | 3630 |
|
the conviction, plea, or finding until an adjudication is held | 3631 |
|
under Chapter 119. of the Revised Code. If the appropriate | 3632 |
|
committee has knowledge that an automatic suspension has occurred, | 3633 |
|
it shall notify the individual subject to the suspension. If the | 3634 |
|
individual is notified and either fails to request an adjudication | 3635 |
|
within the time periods established by Chapter 119. of the Revised | 3636 |
|
Code or fails to participate in the adjudication, the committee | 3637 |
|
shall enter a final order permanently revoking the person's | 3638 |
|
license or certificate. | 3639 |
| (B) The board, by an affirmative vote of not fewer than six | 3646 |
|
members, shall, to the extent permitted by law, limit, revoke, or | 3647 |
|
suspend an individual's certificate of registration as an | 3648 |
|
anesthesiologist assistant, refuse to issue a certificate to an | 3649 |
|
applicant, refuse to reinstate a certificate, or reprimand or | 3650 |
|
place on probation the holder of a certificate for any of the | 3651 |
|
following reasons: | 3652 |
| As used in this division, "false, fraudulent, deceptive, or | 3678 |
|
misleading statement" means a statement that includes a | 3679 |
|
misrepresentation of fact, is likely to mislead or deceive because | 3680 |
|
of a failure to disclose material facts, is intended or is likely | 3681 |
|
to create false or unjustified expectations of favorable results, | 3682 |
|
or includes representations or implications that in reasonable | 3683 |
|
probability will cause an ordinarily prudent person to | 3684 |
|
misunderstand or be deceived. | 3685 |
| (17) Any of the following actions taken by the state agency | 3712 |
|
responsible for regulating the practice of anesthesiologist | 3713 |
|
assistants in another jurisdiction, for any reason other than the | 3714 |
|
nonpayment of fees: the limitation, revocation, or suspension of | 3715 |
|
an individual's license to practice; acceptance of an individual's | 3716 |
|
license surrender; denial of a license; refusal to renew or | 3717 |
|
reinstate a license; imposition of probation; or issuance of an | 3718 |
|
order of censure or other reprimand; | 3719 |
| (20) Failure to cooperate in an investigation conducted by | 3725 |
|
the board under section 4760.14 of the Revised Code, including | 3726 |
|
failure to comply with a subpoena or order issued by the board or | 3727 |
|
failure to answer truthfully a question presented by the board at | 3728 |
|
a deposition or in written interrogatories, except that failure to | 3729 |
|
cooperate with an investigation shall not constitute grounds for | 3730 |
|
discipline under this section if a court of competent jurisdiction | 3731 |
|
has issued an order that either quashes a subpoena or permits the | 3732 |
|
individual to withhold the testimony or evidence in issue; | 3733 |
| (C) Disciplinary actions taken by the board under divisions | 3740 |
|
(A) and (B) of this section shall be taken pursuant to an | 3741 |
|
adjudication under Chapter 119. of the Revised Code, except that | 3742 |
|
in lieu of an adjudication, the board may enter into a consent | 3743 |
|
agreement with an anesthesiologist assistant or applicant to | 3744 |
|
resolve an allegation of a violation of this chapter or any rule | 3745 |
|
adopted under it. A consent agreement, when ratified by an | 3746 |
|
affirmative vote of not fewer than six members of the board, shall | 3747 |
|
constitute the findings and order of the board with respect to the | 3748 |
|
matter addressed in the agreement. If the board refuses to ratify | 3749 |
|
a consent agreement, the admissions and findings contained in the | 3750 |
|
consent agreement shall be of no force or effect. | 3751 |
| (D) For purposes of divisions (B)(11), (14), and (15) of this | 3752 |
|
section, the commission of the act may be established by a finding | 3753 |
|
by the board, pursuant to an adjudication under Chapter 119. of | 3754 |
|
the Revised Code, that the applicant or certificate holder | 3755 |
|
committed the act in question. The board shall have no | 3756 |
|
jurisdiction under these divisions in cases where the trial court | 3757 |
|
renders a final judgment in the certificate holder's favor and | 3758 |
|
that judgment is based upon an adjudication on the merits. The | 3759 |
|
board shall have jurisdiction under these divisions in cases where | 3760 |
|
the trial court issues an order of dismissal on technical or | 3761 |
|
procedural grounds. | 3762 |
| (E) The sealing of conviction records by any court shall have | 3763 |
|
no effect on a prior board order entered under the provisions of | 3764 |
|
this section or on the board's jurisdiction to take action under | 3765 |
|
the provisions of this section if, based upon a plea of guilty, a | 3766 |
|
judicial finding of guilt, or a judicial finding of eligibility | 3767 |
|
for intervention in lieu of conviction, the board issued a notice | 3768 |
|
of opportunity for a hearing prior to the court's order to seal | 3769 |
|
the records. The board shall not be required to seal, destroy, | 3770 |
|
redact, or otherwise modify its records to reflect the court's | 3771 |
|
sealing of conviction records. | 3772 |
| (F) For purposes of this division, any individual who holds a | 3773 |
|
certificate of registration issued under this chapter, or applies | 3774 |
|
for a certificate of registration, shall be deemed to have given | 3775 |
|
consent to submit to a mental or physical examination when | 3776 |
|
directed to do so in writing by the board and to have waived all | 3777 |
|
objections to the admissibility of testimony or examination | 3778 |
|
reports that constitute a privileged communication. | 3779 |
| (1) In enforcing division (B)(5) of this section, the board, | 3780 |
|
on a showing of a possible violation, may compel any individual | 3781 |
|
who holds a certificate of registration issued under this chapter | 3782 |
|
or who has applied for a certificate of registration pursuant to | 3783 |
|
this chapter to submit to a mental or physical examination, or | 3784 |
|
both. A physical examination may include an HIV test. The expense | 3785 |
|
of the examination is the responsibility of the individual | 3786 |
|
compelled to be examined. Failure to submit to a mental or | 3787 |
|
physical examination or consent to an HIV test ordered by the | 3788 |
|
board constitutes an admission of the allegations against the | 3789 |
|
individual unless the failure is due to circumstances beyond the | 3790 |
|
individual's control, and a default and final order may be entered | 3791 |
|
without the taking of testimony or presentation of evidence. If | 3792 |
|
the board finds an anesthesiologist assistant unable to practice | 3793 |
|
because of the reasons set forth in division (B)(5) of this | 3794 |
|
section, the board shall require the anesthesiologist assistant to | 3795 |
|
submit to care, counseling, or treatment by physicians approved or | 3796 |
|
designated by the board, as a condition for an initial, continued, | 3797 |
|
reinstated, or renewed certificate of registration. An individual | 3798 |
|
affected by this division shall be afforded an opportunity to | 3799 |
|
demonstrate to the board the ability to resume practicing in | 3800 |
|
compliance with acceptable and prevailing standards of care. | 3801 |
| (2) For purposes of division (B)(6) of this section, if the | 3802 |
|
board has reason to believe that any individual who holds a | 3803 |
|
certificate of registration issued under this chapter or any | 3804 |
|
applicant for a certificate of registration suffers such | 3805 |
|
impairment, the board may compel the individual to submit to a | 3806 |
|
mental or physical examination, or both. The expense of the | 3807 |
|
examination is the responsibility of the individual compelled to | 3808 |
|
be examined. Any mental or physical examination required under | 3809 |
|
this division shall be undertaken by a treatment provider or | 3810 |
|
physician qualified to conduct such examination and chosen by the | 3811 |
|
board. | 3812 |
| Failure to submit to a mental or physical examination ordered | 3813 |
|
by the board constitutes an admission of the allegations against | 3814 |
|
the individual unless the failure is due to circumstances beyond | 3815 |
|
the individual's control, and a default and final order may be | 3816 |
|
entered without the taking of testimony or presentation of | 3817 |
|
evidence. If the board determines that the individual's ability to | 3818 |
|
practice is impaired, the board shall suspend the individual's | 3819 |
|
certificate or deny the individual's application and shall require | 3820 |
|
the individual, as a condition for an initial, continued, | 3821 |
|
reinstated, or renewed certificate of registration, to submit to | 3822 |
|
treatment. | 3823 |
| When the impaired anesthesiologist assistant resumes | 3843 |
|
practice, the board shall require continued monitoring of the | 3844 |
|
anesthesiologist assistant. The monitoring shall include | 3845 |
|
monitoring of compliance with the written consent agreement | 3846 |
|
entered into before reinstatement or with conditions imposed by | 3847 |
|
board order after a hearing, and, on termination of the consent | 3848 |
|
agreement, submission to the board for at least two years of | 3849 |
|
annual written progress reports made under penalty of | 3850 |
|
falsification stating whether the anesthesiologist assistant has | 3851 |
|
maintained sobriety. | 3852 |
| (G) If the secretary and supervising member determine that | 3853 |
|
there is clear and convincing evidence that an anesthesiologist | 3854 |
|
assistant has violated division (B) of this section and that the | 3855 |
|
individual's continued practice presents a danger of immediate and | 3856 |
|
serious harm to the public, they may recommend that the board | 3857 |
|
suspend the individual's certificate or registration without a | 3858 |
|
prior hearing. Written allegations shall be prepared for | 3859 |
|
consideration by the board. | 3860 |
| The board shall issue a written order of suspension by | 3866 |
certified maila delivery system or in person in accordance with | 3867 |
|
section 119.07 of the Revised Code. The order shall not be subject | 3868 |
|
to suspension by the court during pendency of any appeal filed | 3869 |
|
under section 119.12 of the Revised Code. If the anesthesiologist | 3870 |
|
assistant requests an adjudicatory hearing by the board, the date | 3871 |
|
set for the hearing shall be within fifteen days, but not earlier | 3872 |
|
than seven days, after the anesthesiologist assistant requests the | 3873 |
|
hearing, unless otherwise agreed to by both the board and the | 3874 |
|
certificate holder. | 3875 |
| A summary suspension imposed under this division shall remain | 3876 |
|
in effect, unless reversed on appeal, until a final adjudicative | 3877 |
|
order issued by the board pursuant to this section and Chapter | 3878 |
|
119. of the Revised Code becomes effective. The board shall issue | 3879 |
|
its final adjudicative order within sixty days after completion of | 3880 |
|
its hearing. Failure to issue the order within sixty days shall | 3881 |
|
result in dissolution of the summary suspension order, but shall | 3882 |
|
not invalidate any subsequent, final adjudicative order. | 3883 |
| (H) If the board takes action under division (B)(11), (13), | 3884 |
|
or (14) of this section, and the judicial finding of guilt, guilty | 3885 |
|
plea, or judicial finding of eligibility for intervention in lieu | 3886 |
|
of conviction is overturned on appeal, on exhaustion of the | 3887 |
|
criminal appeal, a petition for reconsideration of the order may | 3888 |
|
be filed with the board along with appropriate court documents. On | 3889 |
|
receipt of a petition and supporting court documents, the board | 3890 |
|
shall reinstate the certificate of registration. The board may | 3891 |
|
then hold an adjudication under Chapter 119. of the Revised Code | 3892 |
|
to determine whether the individual committed the act in question. | 3893 |
|
Notice of opportunity for hearing shall be given in accordance | 3894 |
|
with Chapter 119. of the Revised Code. If the board finds, | 3895 |
|
pursuant to an adjudication held under this division, that the | 3896 |
|
individual committed the act, or if no hearing is requested, it | 3897 |
|
may order any of the sanctions specified in division (B) of this | 3898 |
|
section. | 3899 |
| (I) The certificate of registration of an anesthesiologist | 3900 |
|
assistant and the assistant's practice in this state are | 3901 |
|
automatically suspended as of the date the anesthesiologist | 3902 |
|
assistant pleads guilty to, is found by a judge or jury to be | 3903 |
|
guilty of, or is subject to a judicial finding of eligibility for | 3904 |
|
intervention in lieu of conviction in this state or treatment of | 3905 |
|
intervention in lieu of conviction in another jurisdiction for any | 3906 |
|
of the following criminal offenses in this state or a | 3907 |
|
substantially equivalent criminal offense in another jurisdiction: | 3908 |
|
aggravated murder, murder, voluntary manslaughter, felonious | 3909 |
|
assault, kidnapping, rape, sexual battery, gross sexual | 3910 |
|
imposition, aggravated arson, aggravated robbery, or aggravated | 3911 |
|
burglary. Continued practice after the suspension shall be | 3912 |
|
considered practicing without a certificate. | 3913 |
| (J) In any instance in which the board is required by Chapter | 3921 |
|
119. of the Revised Code to give notice of opportunity for hearing | 3922 |
|
and the individual subject to the notice does not timely request a | 3923 |
|
hearing in accordance with section 119.07 of the Revised Code, the | 3924 |
|
board is not required to hold a hearing, but may adopt, by an | 3925 |
|
affirmative vote of not fewer than six of its members, a final | 3926 |
|
order that contains the board's findings. In the final order, the | 3927 |
|
board may order any of the sanctions identified under division (A) | 3928 |
|
or (B) of this section. | 3929 |
| (K) Any action taken by the board under division (B) of this | 3930 |
|
section resulting in a suspension shall be accompanied by a | 3931 |
|
written statement of the conditions under which the | 3932 |
|
anesthesiologist assistant's certificate may be reinstated. The | 3933 |
|
board shall adopt rules in accordance with Chapter 119. of the | 3934 |
|
Revised Code governing conditions to be imposed for reinstatement. | 3935 |
|
Reinstatement of a certificate suspended pursuant to division (B) | 3936 |
|
of this section requires an affirmative vote of not fewer than six | 3937 |
|
members of the board. | 3938 |
| (L) When the board refuses to grant a certificate of | 3939 |
|
registration as an anesthesiologist assistant to an applicant, | 3940 |
|
revokes an individual's certificate of registration, refuses to | 3941 |
|
renew a certificate of registration, or refuses to reinstate an | 3942 |
|
individual's certificate of registration, the board may specify | 3943 |
|
that its action is permanent. An individual subject to a permanent | 3944 |
|
action taken by the board is forever thereafter ineligible to hold | 3945 |
|
a certificate of registration as an anesthesiologist assistant and | 3946 |
|
the board shall not accept an application for reinstatement of the | 3947 |
|
certificate or for issuance of a new certificate. | 3948 |
| (B) The board, by an affirmative vote of not fewer than six | 3968 |
|
members, shall, to the extent permitted by law, limit, revoke, or | 3969 |
|
suspend an individual's certificate to practice as an | 3970 |
|
acupuncturist, refuse to issue a certificate to an applicant, | 3971 |
|
refuse to reinstate a certificate, or reprimand or place on | 3972 |
|
probation the holder of a certificate for any of the following | 3973 |
|
reasons: | 3974 |
| As used in this division, "false, fraudulent, deceptive, or | 4001 |
|
misleading statement" means a statement that includes a | 4002 |
|
misrepresentation of fact, is likely to mislead or deceive because | 4003 |
|
of a failure to disclose material facts, is intended or is likely | 4004 |
|
to create false or unjustified expectations of favorable results, | 4005 |
|
or includes representations or implications that in reasonable | 4006 |
|
probability will cause an ordinarily prudent person to | 4007 |
|
misunderstand or be deceived. | 4008 |
| (18) Any of the following actions taken by the state agency | 4039 |
|
responsible for regulating the practice of acupuncture in another | 4040 |
|
jurisdiction, for any reason other than the nonpayment of fees: | 4041 |
|
the limitation, revocation, or suspension of an individual's | 4042 |
|
license to practice; acceptance of an individual's license | 4043 |
|
surrender; denial of a license; refusal to renew or reinstate a | 4044 |
|
license; imposition of probation; or issuance of an order of | 4045 |
|
censure or other reprimand; | 4046 |
| (21) Failure to cooperate in an investigation conducted by | 4052 |
|
the board under section 4762.14 of the Revised Code, including | 4053 |
|
failure to comply with a subpoena or order issued by the board or | 4054 |
|
failure to answer truthfully a question presented by the board at | 4055 |
|
a deposition or in written interrogatories, except that failure to | 4056 |
|
cooperate with an investigation shall not constitute grounds for | 4057 |
|
discipline under this section if a court of competent jurisdiction | 4058 |
|
has issued an order that either quashes a subpoena or permits the | 4059 |
|
individual to withhold the testimony or evidence in issue; | 4060 |
| (C) Disciplinary actions taken by the board under divisions | 4068 |
|
(A) and (B) of this section shall be taken pursuant to an | 4069 |
|
adjudication under Chapter 119. of the Revised Code, except that | 4070 |
|
in lieu of an adjudication, the board may enter into a consent | 4071 |
|
agreement with an acupuncturist or applicant to resolve an | 4072 |
|
allegation of a violation of this chapter or any rule adopted | 4073 |
|
under it. A consent agreement, when ratified by an affirmative | 4074 |
|
vote of not fewer than six members of the board, shall constitute | 4075 |
|
the findings and order of the board with respect to the matter | 4076 |
|
addressed in the agreement. If the board refuses to ratify a | 4077 |
|
consent agreement, the admissions and findings contained in the | 4078 |
|
consent agreement shall be of no force or effect. | 4079 |
| (D) For purposes of divisions (B)(12), (15), and (16) of this | 4080 |
|
section, the commission of the act may be established by a finding | 4081 |
|
by the board, pursuant to an adjudication under Chapter 119. of | 4082 |
|
the Revised Code, that the applicant or certificate holder | 4083 |
|
committed the act in question. The board shall have no | 4084 |
|
jurisdiction under these divisions in cases where the trial court | 4085 |
|
renders a final judgment in the certificate holder's favor and | 4086 |
|
that judgment is based upon an adjudication on the merits. The | 4087 |
|
board shall have jurisdiction under these divisions in cases where | 4088 |
|
the trial court issues an order of dismissal upon technical or | 4089 |
|
procedural grounds. | 4090 |
| (E) The sealing of conviction records by any court shall have | 4091 |
|
no effect upon a prior board order entered under the provisions of | 4092 |
|
this section or upon the board's jurisdiction to take action under | 4093 |
|
the provisions of this section if, based upon a plea of guilty, a | 4094 |
|
judicial finding of guilt, or a judicial finding of eligibility | 4095 |
|
for intervention in lieu of conviction, the board issued a notice | 4096 |
|
of opportunity for a hearing prior to the court's order to seal | 4097 |
|
the records. The board shall not be required to seal, destroy, | 4098 |
|
redact, or otherwise modify its records to reflect the court's | 4099 |
|
sealing of conviction records. | 4100 |
| (F) For purposes of this division, any individual who holds a | 4101 |
|
certificate to practice issued under this chapter, or applies for | 4102 |
|
a certificate to practice, shall be deemed to have given consent | 4103 |
|
to submit to a mental or physical examination when directed to do | 4104 |
|
so in writing by the board and to have waived all objections to | 4105 |
|
the admissibility of testimony or examination reports that | 4106 |
|
constitute a privileged communication. | 4107 |
| (1) In enforcing division (B)(5) of this section, the board, | 4108 |
|
upon a showing of a possible violation, may compel any individual | 4109 |
|
who holds a certificate to practice issued under this chapter or | 4110 |
|
who has applied for a certificate pursuant to this chapter to | 4111 |
|
submit to a mental examination, physical examination, including an | 4112 |
|
HIV test, or both a mental and physical examination. The expense | 4113 |
|
of the examination is the responsibility of the individual | 4114 |
|
compelled to be examined. Failure to submit to a mental or | 4115 |
|
physical examination or consent to an HIV test ordered by the | 4116 |
|
board constitutes an admission of the allegations against the | 4117 |
|
individual unless the failure is due to circumstances beyond the | 4118 |
|
individual's control, and a default and final order may be entered | 4119 |
|
without the taking of testimony or presentation of evidence. If | 4120 |
|
the board finds an acupuncturist unable to practice because of the | 4121 |
|
reasons set forth in division (B)(5) of this section, the board | 4122 |
|
shall require the acupuncturist to submit to care, counseling, or | 4123 |
|
treatment by physicians approved or designated by the board, as a | 4124 |
|
condition for an initial, continued, reinstated, or renewed | 4125 |
|
certificate to practice. An individual affected by this division | 4126 |
|
shall be afforded an opportunity to demonstrate to the board the | 4127 |
|
ability to resume practicing in compliance with acceptable and | 4128 |
|
prevailing standards of care. | 4129 |
| (2) For purposes of division (B)(6) of this section, if the | 4130 |
|
board has reason to believe that any individual who holds a | 4131 |
|
certificate to practice issued under this chapter or any applicant | 4132 |
|
for a certificate suffers such impairment, the board may compel | 4133 |
|
the individual to submit to a mental or physical examination, or | 4134 |
|
both. The expense of the examination is the responsibility of the | 4135 |
|
individual compelled to be examined. Any mental or physical | 4136 |
|
examination required under this division shall be undertaken by a | 4137 |
|
treatment provider or physician qualified to conduct such | 4138 |
|
examination and chosen by the board. | 4139 |
| Failure to submit to a mental or physical examination ordered | 4140 |
|
by the board constitutes an admission of the allegations against | 4141 |
|
the individual unless the failure is due to circumstances beyond | 4142 |
|
the individual's control, and a default and final order may be | 4143 |
|
entered without the taking of testimony or presentation of | 4144 |
|
evidence. If the board determines that the individual's ability to | 4145 |
|
practice is impaired, the board shall suspend the individual's | 4146 |
|
certificate or deny the individual's application and shall require | 4147 |
|
the individual, as a condition for an initial, continued, | 4148 |
|
reinstated, or renewed certificate, to submit to treatment. | 4149 |
| When the impaired acupuncturist resumes practice, the board | 4169 |
|
shall require continued monitoring of the acupuncturist. The | 4170 |
|
monitoring shall include monitoring of compliance with the written | 4171 |
|
consent agreement entered into before reinstatement or with | 4172 |
|
conditions imposed by board order after a hearing, and, upon | 4173 |
|
termination of the consent agreement, submission to the board for | 4174 |
|
at least two years of annual written progress reports made under | 4175 |
|
penalty of falsification stating whether the acupuncturist has | 4176 |
|
maintained sobriety. | 4177 |
| The board shall issue a written order of suspension by | 4192 |
certified maila delivery system or in person in accordance with | 4193 |
|
section 119.07 of the Revised Code. The order shall not be subject | 4194 |
|
to suspension by the court during pendency of any appeal filed | 4195 |
|
under section 119.12 of the Revised Code. If the acupuncturist | 4196 |
|
requests an adjudicatory hearing by the board, the date set for | 4197 |
|
the hearing shall be within fifteen days, but not earlier than | 4198 |
|
seven days, after the acupuncturist requests the hearing, unless | 4199 |
|
otherwise agreed to by both the board and the certificate holder. | 4200 |
| A summary suspension imposed under this division shall remain | 4201 |
|
in effect, unless reversed on appeal, until a final adjudicative | 4202 |
|
order issued by the board pursuant to this section and Chapter | 4203 |
|
119. of the Revised Code becomes effective. The board shall issue | 4204 |
|
its final adjudicative order within sixty days after completion of | 4205 |
|
its hearing. Failure to issue the order within sixty days shall | 4206 |
|
result in dissolution of the summary suspension order, but shall | 4207 |
|
not invalidate any subsequent, final adjudicative order. | 4208 |
| (H) If the board takes action under division (B)(11), (13), | 4209 |
|
or (14) of this section, and the judicial finding of guilt, guilty | 4210 |
|
plea, or judicial finding of eligibility for intervention in lieu | 4211 |
|
of conviction is overturned on appeal, upon exhaustion of the | 4212 |
|
criminal appeal, a petition for reconsideration of the order may | 4213 |
|
be filed with the board along with appropriate court documents. | 4214 |
|
Upon receipt of a petition and supporting court documents, the | 4215 |
|
board shall reinstate the certificate to practice. The board may | 4216 |
|
then hold an adjudication under Chapter 119. of the Revised Code | 4217 |
|
to determine whether the individual committed the act in question. | 4218 |
|
Notice of opportunity for hearing shall be given in accordance | 4219 |
|
with Chapter 119. of the Revised Code. If the board finds, | 4220 |
|
pursuant to an adjudication held under this division, that the | 4221 |
|
individual committed the act, or if no hearing is requested, it | 4222 |
|
may order any of the sanctions specified in division (B) of this | 4223 |
|
section. | 4224 |
| (I) The certificate to practice of an acupuncturist and the | 4225 |
|
acupuncturist's practice in this state are automatically suspended | 4226 |
|
as of the date the acupuncturist pleads guilty to, is found by a | 4227 |
|
judge or jury to be guilty of, or is subject to a judicial finding | 4228 |
|
of eligibility for intervention in lieu of conviction in this | 4229 |
|
state or treatment or intervention in lieu of conviction in | 4230 |
|
another jurisdiction for any of the following criminal offenses in | 4231 |
|
this state or a substantially equivalent criminal offense in | 4232 |
|
another jurisdiction: aggravated murder, murder, voluntary | 4233 |
|
manslaughter, felonious assault, kidnapping, rape, sexual battery, | 4234 |
|
gross sexual imposition, aggravated arson, aggravated robbery, or | 4235 |
|
aggravated burglary. Continued practice after the suspension shall | 4236 |
|
be considered practicing without a certificate. | 4237 |
| (J) In any instance in which the board is required by Chapter | 4245 |
|
119. of the Revised Code to give notice of opportunity for hearing | 4246 |
|
and the individual subject to the notice does not timely request a | 4247 |
|
hearing in accordance with section 119.07 of the Revised Code, the | 4248 |
|
board is not required to hold a hearing, but may adopt, by an | 4249 |
|
affirmative vote of not fewer than six of its members, a final | 4250 |
|
order that contains the board's findings. In the final order, the | 4251 |
|
board may order any of the sanctions identified under division (A) | 4252 |
|
or (B) of this section. | 4253 |
| (K) Any action taken by the board under division (B) of this | 4254 |
|
section resulting in a suspension shall be accompanied by a | 4255 |
|
written statement of the conditions under which the | 4256 |
|
acupuncturist's certificate to practice may be reinstated. The | 4257 |
|
board shall adopt rules in accordance with Chapter 119. of the | 4258 |
|
Revised Code governing conditions to be imposed for reinstatement. | 4259 |
|
Reinstatement of a certificate suspended pursuant to division (B) | 4260 |
|
of this section requires an affirmative vote of not fewer than six | 4261 |
|
members of the board. | 4262 |
| (L) When the board refuses to grant a certificate to practice | 4263 |
|
as an acupuncturist to an applicant, revokes an individual's | 4264 |
|
certificate, refuses to renew a certificate, or refuses to | 4265 |
|
reinstate an individual's certificate, the board may specify that | 4266 |
|
its action is permanent. An individual subject to a permanent | 4267 |
|
action taken by the board is forever thereafter ineligible to hold | 4268 |
|
a certificate to practice as an acupuncturist and the board shall | 4269 |
|
not accept an application for reinstatement of the certificate or | 4270 |
|
for issuance of a new certificate. | 4271 |
| (B) The board, by an affirmative vote of not fewer than six | 4291 |
|
members, shall, to the extent permitted by law, limit, revoke, or | 4292 |
|
suspend an individual's certificate to practice as a radiologist | 4293 |
|
assistant, refuse to issue a certificate to an applicant, refuse | 4294 |
|
to reinstate a certificate, or reprimand or place on probation the | 4295 |
|
holder of a certificate for any of the following reasons: | 4296 |
| As used in this division, "false, fraudulent, deceptive, or | 4322 |
|
misleading statement" means a statement that includes a | 4323 |
|
misrepresentation of fact, is likely to mislead or deceive because | 4324 |
|
of a failure to disclose material facts, is intended or is likely | 4325 |
|
to create false or unjustified expectations of favorable results, | 4326 |
|
or includes representations or implications that in reasonable | 4327 |
|
probability will cause an ordinarily prudent person to | 4328 |
|
misunderstand or be deceived. | 4329 |
| (17) Any of the following actions taken by the state agency | 4356 |
|
responsible for regulating the practice of radiologist assistants | 4357 |
|
in another jurisdiction, for any reason other than the nonpayment | 4358 |
|
of fees: the limitation, revocation, or suspension of an | 4359 |
|
individual's license to practice; acceptance of an individual's | 4360 |
|
license surrender; denial of a license; refusal to renew or | 4361 |
|
reinstate a license; imposition of probation; or issuance of an | 4362 |
|
order of censure or other reprimand; | 4363 |
| (20) Failure to cooperate in an investigation conducted by | 4369 |
|
the board under section 4774.14 of the Revised Code, including | 4370 |
|
failure to comply with a subpoena or order issued by the board or | 4371 |
|
failure to answer truthfully a question presented by the board at | 4372 |
|
a deposition or in written interrogatories, except that failure to | 4373 |
|
cooperate with an investigation shall not constitute grounds for | 4374 |
|
discipline under this section if a court of competent jurisdiction | 4375 |
|
has issued an order that either quashes a subpoena or permits the | 4376 |
|
individual to withhold the testimony or evidence in issue; | 4377 |
| (22) Failure to maintain certification as a registered | 4380 |
|
radiologist assistant from the American registry of radiologic | 4381 |
|
technologists, including revocation by the registry of the | 4382 |
|
assistant's certification or failure by the assistant to meet the | 4383 |
|
registry's requirements for annual registration, or failure to | 4384 |
|
notify the board that the certification as a registered | 4385 |
|
radiologist assistant has not been maintained; | 4386 |
| (C) Disciplinary actions taken by the board under divisions | 4392 |
|
(A) and (B) of this section shall be taken pursuant to an | 4393 |
|
adjudication under Chapter 119. of the Revised Code, except that | 4394 |
|
in lieu of an adjudication, the board may enter into a consent | 4395 |
|
agreement with a radiologist assistant or applicant to resolve an | 4396 |
|
allegation of a violation of this chapter or any rule adopted | 4397 |
|
under it. A consent agreement, when ratified by an affirmative | 4398 |
|
vote of not fewer than six members of the board, shall constitute | 4399 |
|
the findings and order of the board with respect to the matter | 4400 |
|
addressed in the agreement. If the board refuses to ratify a | 4401 |
|
consent agreement, the admissions and findings contained in the | 4402 |
|
consent agreement shall be of no force or effect. | 4403 |
| (D) For purposes of divisions (B)(11), (14), and (15) of this | 4404 |
|
section, the commission of the act may be established by a finding | 4405 |
|
by the board, pursuant to an adjudication under Chapter 119. of | 4406 |
|
the Revised Code, that the applicant or certificate holder | 4407 |
|
committed the act in question. The board shall have no | 4408 |
|
jurisdiction under these divisions in cases where the trial court | 4409 |
|
renders a final judgment in the certificate holder's favor and | 4410 |
|
that judgment is based upon an adjudication on the merits. The | 4411 |
|
board shall have jurisdiction under these divisions in cases where | 4412 |
|
the trial court issues an order of dismissal on technical or | 4413 |
|
procedural grounds. | 4414 |
| (E) The sealing of conviction records by any court shall have | 4415 |
|
no effect on a prior board order entered under the provisions of | 4416 |
|
this section or on the board's jurisdiction to take action under | 4417 |
|
the provisions of this section if, based upon a plea of guilty, a | 4418 |
|
judicial finding of guilt, or a judicial finding of eligibility | 4419 |
|
for intervention in lieu of conviction, the board issued a notice | 4420 |
|
of opportunity for a hearing prior to the court's order to seal | 4421 |
|
the records. The board shall not be required to seal, destroy, | 4422 |
|
redact, or otherwise modify its records to reflect the court's | 4423 |
|
sealing of conviction records. | 4424 |
| (F) For purposes of this division, any individual who holds a | 4425 |
|
certificate to practice as a radiologist assistant issued under | 4426 |
|
this chapter, or applies for a certificate to practice, shall be | 4427 |
|
deemed to have given consent to submit to a mental or physical | 4428 |
|
examination when directed to do so in writing by the board and to | 4429 |
|
have waived all objections to the admissibility of testimony or | 4430 |
|
examination reports that constitute a privileged communication. | 4431 |
| (1) In enforcing division (B)(5) of this section, the board, | 4432 |
|
on a showing of a possible violation, may compel any individual | 4433 |
|
who holds a certificate to practice as a radiologist assistant | 4434 |
|
issued under this chapter or who has applied for a certificate to | 4435 |
|
practice to submit to a mental or physical examination, or both. A | 4436 |
|
physical examination may include an HIV test. The expense of the | 4437 |
|
examination is the responsibility of the individual compelled to | 4438 |
|
be examined. Failure to submit to a mental or physical examination | 4439 |
|
or consent to an HIV test ordered by the board constitutes an | 4440 |
|
admission of the allegations against the individual unless the | 4441 |
|
failure is due to circumstances beyond the individual's control, | 4442 |
|
and a default and final order may be entered without the taking of | 4443 |
|
testimony or presentation of evidence. If the board finds a | 4444 |
|
radiologist assistant unable to practice because of the reasons | 4445 |
|
set forth in division (B)(5) of this section, the board shall | 4446 |
|
require the radiologist assistant to submit to care, counseling, | 4447 |
|
or treatment by physicians approved or designated by the board, as | 4448 |
|
a condition for an initial, continued, reinstated, or renewed | 4449 |
|
certificate to practice. An individual affected by this division | 4450 |
|
shall be afforded an opportunity to demonstrate to the board the | 4451 |
|
ability to resume practicing in compliance with acceptable and | 4452 |
|
prevailing standards of care. | 4453 |
| (2) For purposes of division (B)(6) of this section, if the | 4454 |
|
board has reason to believe that any individual who holds a | 4455 |
|
certificate to practice as a radiologist assistant issued under | 4456 |
|
this chapter or any applicant for a certificate to practice | 4457 |
|
suffers such impairment, the board may compel the individual to | 4458 |
|
submit to a mental or physical examination, or both. The expense | 4459 |
|
of the examination is the responsibility of the individual | 4460 |
|
compelled to be examined. Any mental or physical examination | 4461 |
|
required under this division shall be undertaken by a treatment | 4462 |
|
provider or physician qualified to conduct such examination and | 4463 |
|
chosen by the board. | 4464 |
| Failure to submit to a mental or physical examination ordered | 4465 |
|
by the board constitutes an admission of the allegations against | 4466 |
|
the individual unless the failure is due to circumstances beyond | 4467 |
|
the individual's control, and a default and final order may be | 4468 |
|
entered without the taking of testimony or presentation of | 4469 |
|
evidence. If the board determines that the individual's ability to | 4470 |
|
practice is impaired, the board shall suspend the individual's | 4471 |
|
certificate or deny the individual's application and shall require | 4472 |
|
the individual, as a condition for an initial, continued, | 4473 |
|
reinstated, or renewed certificate to practice, to submit to | 4474 |
|
treatment. | 4475 |
| When the impaired radiologist assistant resumes practice, the | 4495 |
|
board shall require continued monitoring of the radiologist | 4496 |
|
assistant. The monitoring shall include monitoring of compliance | 4497 |
|
with the written consent agreement entered into before | 4498 |
|
reinstatement or with conditions imposed by board order after a | 4499 |
|
hearing, and, on termination of the consent agreement, submission | 4500 |
|
to the board for at least two years of annual written progress | 4501 |
|
reports made under penalty of falsification stating whether the | 4502 |
|
radiologist assistant has maintained sobriety. | 4503 |
| The board shall issue a written order of suspension by | 4517 |
certified maila delivery system or in person in accordance with | 4518 |
|
section 119.07 of the Revised Code. The order shall not be subject | 4519 |
|
to suspension by the court during pendency of any appeal filed | 4520 |
|
under section 119.12 of the Revised Code. If the radiologist | 4521 |
|
assistant requests an adjudicatory hearing by the board, the date | 4522 |
|
set for the hearing shall be within fifteen days, but not earlier | 4523 |
|
than seven days, after the radiologist assistant requests the | 4524 |
|
hearing, unless otherwise agreed to by both the board and the | 4525 |
|
certificate holder. | 4526 |
| A summary suspension imposed under this division shall remain | 4527 |
|
in effect, unless reversed on appeal, until a final adjudicative | 4528 |
|
order issued by the board pursuant to this section and Chapter | 4529 |
|
119. of the Revised Code becomes effective. The board shall issue | 4530 |
|
its final adjudicative order within sixty days after completion of | 4531 |
|
its hearing. Failure to issue the order within sixty days shall | 4532 |
|
result in dissolution of the summary suspension order, but shall | 4533 |
|
not invalidate any subsequent, final adjudicative order. | 4534 |
| (H) If the board takes action under division (B)(10), (12), | 4535 |
|
or (13) of this section, and the judicial finding of guilt, guilty | 4536 |
|
plea, or judicial finding of eligibility for intervention in lieu | 4537 |
|
of conviction is overturned on appeal, on exhaustion of the | 4538 |
|
criminal appeal, a petition for reconsideration of the order may | 4539 |
|
be filed with the board along with appropriate court documents. On | 4540 |
|
receipt of a petition and supporting court documents, the board | 4541 |
|
shall reinstate the certificate to practice as a radiologist | 4542 |
|
assistant. The board may then hold an adjudication under Chapter | 4543 |
|
119. of the Revised Code to determine whether the individual | 4544 |
|
committed the act in question. Notice of opportunity for hearing | 4545 |
|
shall be given in accordance with Chapter 119. of the Revised | 4546 |
|
Code. If the board finds, pursuant to an adjudication held under | 4547 |
|
this division, that the individual committed the act, or if no | 4548 |
|
hearing is requested, it may order any of the sanctions specified | 4549 |
|
in division (B) of this section. | 4550 |
| (I) The certificate to practice of a radiologist assistant | 4551 |
|
and the assistant's practice in this state are automatically | 4552 |
|
suspended as of the date the radiologist assistant pleads guilty | 4553 |
|
to, is found by a judge or jury to be guilty of, or is subject to | 4554 |
|
a judicial finding of eligibility for intervention in lieu of | 4555 |
|
conviction in this state or treatment of intervention in lieu of | 4556 |
|
conviction in another jurisdiction for any of the following | 4557 |
|
criminal offenses in this state or a substantially equivalent | 4558 |
|
criminal offense in another jurisdiction: aggravated murder, | 4559 |
|
murder, voluntary manslaughter, felonious assault, kidnapping, | 4560 |
|
rape, sexual battery, gross sexual imposition, aggravated arson, | 4561 |
|
aggravated robbery, or aggravated burglary. Continued practice | 4562 |
|
after the suspension shall be considered practicing without a | 4563 |
|
certificate. | 4564 |
| (J) In any instance in which the board is required by Chapter | 4572 |
|
119. of the Revised Code to give notice of opportunity for hearing | 4573 |
|
and the individual subject to the notice does not timely request a | 4574 |
|
hearing in accordance with section 119.07 of the Revised Code, the | 4575 |
|
board is not required to hold a hearing, but may adopt, by an | 4576 |
|
affirmative vote of not fewer than six of its members, a final | 4577 |
|
order that contains the board's findings. In the final order, the | 4578 |
|
board may order any of the sanctions identified under division (A) | 4579 |
|
or (B) of this section. | 4580 |
| (K) Any action taken by the board under division (B) of this | 4581 |
|
section resulting in a suspension shall be accompanied by a | 4582 |
|
written statement of the conditions under which the radiologist | 4583 |
|
assistant's certificate may be reinstated. The board shall adopt | 4584 |
|
rules in accordance with Chapter 119. of the Revised Code | 4585 |
|
governing conditions to be imposed for reinstatement. | 4586 |
|
Reinstatement of a certificate suspended pursuant to division (B) | 4587 |
|
of this section requires an affirmative vote of not fewer than six | 4588 |
|
members of the board. | 4589 |
| (L) When the board refuses to grant a certificate to practice | 4590 |
|
as a radiologist assistant to an applicant, revokes an | 4591 |
|
individual's certificate, refuses to renew a certificate, or | 4592 |
|
refuses to reinstate an individual's certificate, the board may | 4593 |
|
specify that its action is permanent. An individual subject to a | 4594 |
|
permanent action taken by the board is forever thereafter | 4595 |
|
ineligible to hold a certificate to practice as a radiologist | 4596 |
|
assistant and the board shall not accept an application for | 4597 |
|
reinstatement of the certificate or for issuance of a new | 4598 |
|
certificate. | 4599 |
| Sec. 4779.29. If the state board of orthotics, prosthetics, | 4613 |
|
and pedorthics determines that there is clear and convincing | 4614 |
|
evidence that an individual licensed under this chapter is | 4615 |
|
engaging or has engaged in conduct described in division (A) of | 4616 |
|
section 4779.28 of the Revised Code and that the license holder's | 4617 |
|
continued practice presents a danger of immediate and serious harm | 4618 |
|
to the public, the board may suspend the individual's license | 4619 |
|
without an adjudicatory hearing. A telephone conference call may | 4620 |
|
be used for reviewing the matter and taking the vote. | 4621 |
| If the board votes to suspend an individual's license, the | 4622 |
board shall issue a written order of suspension by certified mail | 4623 |
| a delivery system or in person in accordance with section 119.07 | 4624 |
|
of the Revised Code. The order is not subject to suspension by a | 4625 |
court during pendancypendency of any appeal filed under section | 4626 |
|
119.12 of the Revised Code. If the license holder requests an | 4627 |
|
adjudicatory hearing by the board, the date set for the hearing | 4628 |
|
shall be not later than fifteen days, but not earlier than seven | 4629 |
|
days, after the request, unless otherwise agreed to by the board | 4630 |
|
and the license holder. | 4631 |
| Any suspension imposed under this section shall remain in | 4632 |
|
effect, unless reversed on appeal, until a final adjudicative | 4633 |
|
order issued by the board pursuant to section 119.12 of the | 4634 |
|
Revised Code becomes effective. The board shall issue its final | 4635 |
|
adjudicative order within sixty days after completion of its | 4636 |
|
hearing. A failure to issue an order within sixty days shall | 4637 |
|
result in the dissolution of the summary suspension order, but | 4638 |
|
shall not invalidate any subsequent, final adjudicative order. | 4639 |
| Sec. 5123.0414. (A) When the director of developmental | 4640 |
|
disabilities, under section 119.07 of the Revised Code, sends a | 4641 |
party a notice by registered mail, return receipt requestedusing | 4642 |
|
a delivery system or delivers a notice in person in accordance | 4643 |
|
with that section, that the director intends to take action | 4644 |
|
against the party authorized by section 5123.082, 5123.166, | 4645 |
|
5123.168, 5123.19, 5123.45, 5123.51, or 5126.25 of the Revised | 4646 |
|
Code and the notice is returned to the director with an | 4647 |
|
endorsement indicating that the notice was refused or unclaimed, | 4648 |
|
the director shall resend the notice by ordinary mail to the | 4649 |
|
party. | 4650 |
| If the notice concerns taking action under section 5123.51 of | 4658 |
|
the Revised Code and the resent notice is returned to the director | 4659 |
|
for failure of delivery not later than thirty days after the date | 4660 |
|
the director sent the original notice, the director shall cause | 4661 |
|
the notice to be published in a newspaper of general circulation | 4662 |
|
in the county of the party's last known residence or business and | 4663 |
|
shall mail a dated copy of the published notice to the party at | 4664 |
|
the last known address. The notice shall be deemed received as of | 4665 |
|
the date of the publication. | 4666 |
| If the notice concerns taking action under section 5123.082, | 4667 |
|
5123.166, 5123.168, 5123.19, 5123.45, or 5126.25 of the Revised | 4668 |
|
Code and the resent notice is returned to the director for failure | 4669 |
|
of delivery not later than thirty days after the date the director | 4670 |
|
sent the original notice, the director shall resend the notice to | 4671 |
|
the party a second time. The notice shall be deemed received as of | 4672 |
|
the date the director resends the notice the second time. | 4673 |
| Section 2. That existing sections 119.062, 119.07, 3711.14, | 4674 |
|
4713.01, 4713.02, 4713.03, 4713.06, 4713.07, 4713.08, 4713.081, | 4675 |
|
4713.09, 4713.10, 4713.14, 4713.141, 4713.16, 4713.20, 4713.21, | 4676 |
|
4713.22, 4713.24, 4713.25, 4713.26, 4713.28, 4713.29, 4713.30, | 4677 |
|
4713.31, 4713.32, 4713.34, 4713.35, 4713.37, 4713.41, 4713.42, | 4678 |
|
4713.44, 4713.45, 4713.48, 4713.55, 4713.56, 4713.58, 4713.60, | 4679 |
|
4713.61, 4713.62, 4713.63, 4713.64, 4715.30, 4717.14, 4723.281, | 4680 |
|
4725.24, 4730.25, 4731.22, 4734.36, 4734.37, 4757.361, 4760.13, | 4681 |
|
4762.13, 4774.13, 4779.29, and 5123.0414 and sections 4713.17 and | 4682 |
| 4713.39 of the Revised Code are hereby repealed. | 4683 |
| Section 4. Section 4731.22 of the Revised Code is presented | 4717 |
|
in this act as a composite of the section as amended by both H.B. | 4718 |
|
78 and Am. Sub. H.B. 93 of the 129th General Assembly. The General | 4719 |
|
Assembly, applying the principle stated in division (B) of section | 4720 |
|
1.52 of the Revised Code that amendments are to be harmonized if | 4721 |
|
reasonably capable of simultaneous operation, finds that the | 4722 |
|
composite is the resulting version of the section in effect prior | 4723 |
|
to the effective date of the section as presented in this act. | 4724 |
