Bill Text: OH HB485 | 2013-2014 | 130th General Assembly | Engrossed

Ohio House Bill 485 (Prior Session Legislation)

Bill Title: To require hospice care programs to establish policies to prevent diversion of controlled substances that contain opioids; to require a prescriber to obtain written informed consent from a minor's parent, guardian, or other person responsible for the minor before issuing a prescription for a controlled substance that contains an opioid to the minor and to establish sanctions for a prescriber's violation of this requirement; to establish requirements to be followed by prescribers in reviewing patient information in the State Board of Pharmacy's Ohio Automated Rx Reporting System; to license private, nonprofit therapeutic wilderness camps; to authorize the collection of additional health information through OARRS; to establish the Office of Human Services Innovation in the Department of Job and Family Services; to establish the Ohio Healthier Buckeye Council and the Ohio Healthier Buckeye Grant Program; and to authorize the State Medical Board to conduct a pilot program regarding the use of teleconferencing at its committee meetings.

Spectrum: Partisan Bill (Republican 22-1)

Status: (Engrossed - Dead) 2014-04-10 - To Medicaid, Health & Human Services [HB485 Detail]

Download: Ohio-2013-HB485-Engrossed.html

As Passed by the House

130th General Assembly

Regular Session

2013-2014

Sub. H. B. No. 485

Representatives Smith, Johnson

Cosponsors: Representatives Amstutz, Anielski, Baker, Beck, Brown, Buchy, Burkley, Grossman, Hall, Hayes, Hill, McClain, Perales, Scherer, Schuring, Sears, Sprague, Stebelton, Terhar, Wachtmann Speaker Batchelder

A BILL

To amend sections 355.01, 355.03, 355.04, 2151.011,

2151.421, 3712.04, 3712.99, 4715.14, 4715.30,

4715.302, 4723.28, 4723.481, 4723.486, 4723.487,

4725.092, 4725.16, 4725.19, 4729.12, 4729.75,

4729.80, 4729.86, 4730.25, 4730.41, 4730.48,

4730.53, 4731.055, 4731.22, 4731.281, and 5103.02;

to amend for the purpose of adopting a new section

number as indicated in parentheses, section

4729.87 (4729.91); and to enact new section

4729.87 and sections 121.25, 121.26, 121.27,

121.28, 3712.062, 3719.061, 4121.443, 4723.283,

4725.191, 4729.861, 4730.252, 4731.229, 5101.061,

5103.50, 5103.51, 5103.52, 5103.53, 5103.54, and

5103.55 of the Revised Code to require hospice

care programs to establish policies to prevent

diversion of controlled substances that contain

opioids; to require a prescriber to obtain written

informed consent from a minor's parent, guardian,

or other person responsible for the minor before

issuing a prescription for a controlled substance

that contains an opioid to the minor and to

establish sanctions for a prescriber's violation

of this requirement; to establish requirements to

be followed by prescribers in reviewing patient

information in the State Board of Pharmacy's Ohio

Automated Rx Reporting System; to license private,

nonprofit therapeutic wilderness camps; to

authorize the collection of additional health

information through OARRS; to establish the Office

of Human Services Innovation in the Department of

Job and Family Services; to establish the Ohio

Healthier Buckeye Council and the Ohio Healthier

Buckeye Grant Program; and to authorize the State

Medical Board to conduct a pilot program regarding

the use of teleconferencing at its committee

meetings.

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

Section 1. That sections 355.01, 355.03, 355.04, 2151.011,	37
2151.421, 3712.04, 3712.99, 4715.14, 4715.30, 4715.302, 4723.28,	38
4723.481, 4723.486, 4723.487, 4725.092, 4725.16, 4725.19, 4729.12,	39
4729.75, 4729.80, 4729.86, 4730.25, 4730.41, 4730.48, 4730.53,	40
4731.055, 4731.22, 4731.281, and 5103.02 be amended; section	41
4729.87 (4729.91) be amended for the purpose of adopting a new	42
section number as indicated in parentheses; and new section	43
4729.87 and sections 121.25, 121.26, 121.27, 121.28, 3712.062,	44
3719.061, 4121.443, 4723.283, 4725.191, 4729.861, 4730.252,	45
4731.229, 5101.061, 5103.50, 5103.51, 5103.52, 5103.53, 5103.54,	46
and 5103.55 of the Revised Code be enacted to read as follows:	47

Sec. 121.25. (A) As used in sections 121.25 to 121.28 of the	48
Revised Code:	49

(1) "Independent life plan coordination" means a plan that	50
will assist an individual to access available private or public	51
physical health, behavioral health, social, employment, education,	52
and housing services the individual needs.	53

(2) "Independent life plan coordinator" means a person who	54
facilitates independent life plan coordination.	55

(3) "Political subdivision" has the same meaning as in	56
section 2744.01 of the Revised Code.	57

(4) "Publicly funded assistance program" means any physical	58
health, behavioral health, social, employment, education, housing,	59
or similar program funded or provided by the state or a political	60
subdivision of the state.	61

(B) There is hereby created the Ohio healthier buckeye	62
council. The council shall consist of the following members:	63

(1) The auditor of state, or the auditor's designee;

(2) Three members representing administrative departments	65
enumerated in section 121.02 of the Revised Code, appointed by the	66
governor;	67

(3) Five members representing affected local private and	68
public entities or individuals, appointed by the governor;	69

(4) Two members of the senate, one appointed by the president	70
of the senate and the other appointed by the minority leader of	71
the senate;	72

(5) Two members of the house of representatives, one	73
appointed by the speaker of the house of representatives and the	74
other appointed by the minority leader of the house of	75
representatives;	76

(6) One member representing the judicial branch of	77
government, appointed by the chief justice of the supreme court.	78

(C) Initial appointments to the council shall be made not	79
later than September 30, 2014.	80

The members appointed under division (B)(3) of this section	81
shall serve an initial term of one year. The member appointed	82
under division (B)(6) of this section shall serve an initial term	83
of three years. Thereafter, each member appointed under those	84
divisions shall serve a four-year term. Each member appointed	85
under division (B)(2) of this section shall serve a four-year	86
term. A member appointed under divisions (B)(4) and (5) of this	87
section shall serve a four-year term or during the member's tenure	88
in the general assembly, whichever period is shorter.	89

Members may be reappointed to the council. Vacancies on the	90
council shall be filled in the same manner as the original	91
appointments.	92

(D) At its first meeting, the council shall select a	93
chairperson from among its members. After the first meeting, the	94
council shall meet at the call of the chairperson or upon the	95
request of a majority of the council's members. A majority of the	96
council constitutes a quorum.	97

(E) Council members shall receive no compensation but shall	98
be reimbursed for actual and necessary expenses incurred in the	99
performance of council duties.	100

Sec. 121.26. The Ohio healthier buckeye council shall do all	101
of the following:	102

(A) Promote the establishment of county healthier buckeye	103
councils, as described in section 355.02 of the Revised Code,	104
throughout this state through whatever means the council considers	105
to be most efficient;	106

(B) Develop and promote means by which the county councils,	107
as provided in section 355.03 of the Revised Code, may reduce the	108
reliance of individuals on publicly funded assistance programs	109
with an emphasis on the following:	110

(1) Programs that have been demonstrated to be effective;

111

(2) Identification and elimination of eligibility	112
requirements for publicly funded assistance programs that are	113
barriers to achieving greater financial independence for	114
participants in those programs.	115

(C) Establish eligibility criteria, application processes,	116
and maximum grant amounts for the Ohio healthier buckeye grant	117
program established in section 121.27 of the Revised Code and	118
award grants under the program;	119

(D) Collect and analyze the information submitted under	120
section 121.27 of the Revised Code;	121

(E) Develop the best practices for the administration of	122
publicly funded assistance programs in the state, taking into	123
consideration any recommendations received from county healthier	124
buckeye councils under section 355.04 of the Revised Code;	125

(F) Issue the annual reports required by sections 121.26 and	126
121.28 of the Revised Code.	127

Sec. 121.27. (A) There is hereby created the Ohio healthier	128
buckeye grant program to be administered by the Ohio healthier	129
buckeye council. The program shall provide grants to county	130
healthier buckeye councils, as described in section 355.02 of the	131
Revised Code, for the following:	132

(1) To assist county councils with costs associated with	133
gathering information regarding enrollment in and outcomes related	134
to publicly funded assistance programs;	135

(2) To provide funding to county councils to enable	136
independent life plan coordinators to seek certification;	137

(3) To award grants to county councils for projects that	138
focus on the following:	139

(a) Developing, maintaining, and strengthening families;

140

(b) Improving self-sufficiency to increase levels of income;

141

142

(d) Using incentives to encourage designated behaviors;

143

(e) Using peer leaders and mentors.

144

(B) To be eligible for a grant, a county healthier buckeye	145
council must demonstrate an active partnership with most, if not	146
all, of the following public and private sector entities:	147

(1) Local health departments;

148

(2) County departments of job and family services;

149

(3) Medicaid managed care organizations;

150

(4) Primary and secondary schools;

151

(5) Vocational education programs;

152

(6) Chambers of commerce and other economic development	153
organizations;	154

(7) Employers;

155

(8) Nonprofit organizations serving low-income individuals;

156

(9) Hospitals and health systems;

157

(10) Community health centers;

158

(11) Free clinics;

159

(12) Community behavioral health boards and providers;

160

(13) Regional planning commissions;

161

(14) Local elected officials.

162

(C) Grants may be awarded on an individual county council	163
basis, multi-county council basis, or both. In awarding grants,	164
the Ohio healthier buckeye council shall give priority to county	165
councils with existing projects or initiatives that do the	166
following:	167

(1) Improve the health and well-being of low-income	168
individuals;	169

(2) Align and coordinate public and private resources to	170
assist low-income individuals in achieving self-sufficiency;	171

(3) Use local matching funds from private sector sources;

172

(4) Implement or adapt evidence-based practices;

173

(5) Use volunteers and peer supports;

174

(6) Were created as a result of local assessment and planning	175
processes;	176

(7) Demonstrate collaboration between entities that	177
participate in assessment and planning processes.	178

(D) The Ohio healthier buckeye council, in consultation with	179
county councils, shall adopt rules in accordance with Chapter 119.	180
of the Revised Code that do all of the following:	181

(1) Establish standards and procedures for reporting program	182
descriptions, costs, and participant numbers, including numbers of	183
participants who have successfully completed programs;	184

(2) Establish program process and outcome metrics;

185

(3) Establish standards and procedures for submitting annual	186
reports as required by this section.	187

(E) Each county council shall use the metrics established by	188
rule to track outcomes and to prepare and submit an annual report	189
to the Ohio healthier buckeye council, the governor, and, in	190
accordance with section 101.68 of Revised Code, the general	191
assembly.	192

(F) Not later than December 31, 2014, the council shall	193
establish all of the following:	194

(1) The application processes, eligibility criteria, and	195
grant amounts to be awarded under the program;	196

(2) The form and manner to be used by county councils when	197
submitting enrollment and outcome information to the council;	198

(3) The certification programs that the council considers	199
acceptable for independent life plan coordinators.	200

Sec. 121.28. (A) Not later than April 30, 2016, and every	201
year thereafter, the Ohio healthier buckeye council shall submit a	202
report to the joint medicaid oversight committee established in	203
section 103.41 of the Revised Code. A copy of the report shall be	204
submitted electronically to each county healthier buckeye council.	205
The report shall include the following:	206

(1) Enrollment and outcome information submitted by county	207
healthier buckeye councils under sections 121.27 and 355.04 of the	208
Revised Code, including comparisons with past information, if	209
available;	210

(2) Recommendations developed by the council regarding the	211
best practices for the administration of publicly funded	212
assistance programs.	213

(B) The council shall collaborate with the committee on	214
policy issues that pertain to physical and behaviorial health.	215

Sec. 355.01. As used in this chapter:"independent life plan

216

~~"Care~~ coordination" ~~means assisting an individual to access~~	217
~~available physical health, behavioral health, social, employment,~~	218
~~education, and housing services the individual needs.~~	219

~~"Political subdivision" has the same meaning as in section~~	220
~~2744.01 of the Revised Code.~~	221

~~"Publicly~~and "publicly funded assistance ~~programs~~program"	222
~~include physical health, behavioral health, social, employment,~~	223
~~education, and housing programs funded or provided by the state or~~	224
~~a political subdivision of the state~~have the same meanings as in	225
section 121.25 of the Revised Code.	226

Sec. 355.03. A county healthier buckeye council may do all	227
of the following:	228

(A) Promote means by which council members or the entities	229
the members represent may reduce the reliance of individuals and	230
families on publicly funded assistance programs using both of the	231
following:	232

(1) Programs that have been demonstrated to be effective and	233
have one or more of the following features:	234

(a) Focus on developing, maintaining, and strengthening	235
families;	236

(b) Low costs;

237

~~(b)~~(c) Use volunteer workers;

238

~~(c)~~(d) Use incentives to encourage designated behaviors;

239

~~(d)~~(e) Are led and mentored by peers.

240

(2) Practices that identify and seek to eliminate barriers to	241
achieving greater financial independence for individuals and	242
families who receive services from or participate in programs	243
operated by council members or the entities the members represent.	244

(B) Promote ~~care~~independent life plan coordination among	245
physical health, behavioral health, social, employment, education,	246
and housing service providers within the county;	247

(C) Collect and analyze data regarding individuals or	248
families who receive services from or participate in programs	249
operated by council members or the entities the members represent.	250

Sec. 355.04. A county healthier buckeye council may report	251
the following information to the joint medicaid oversight	252
committee created in section 103.41 of the Revised Code and the	253
Ohio healthier buckeye council created in section 121.25 of the	254
Revised Code:	255

(A) Notification that the county council has been established	256
and information regarding the council's activities;	257

(B) Information regarding enrollment or outcome data	258
collected under division (C) of section 355.03 of the Revised	259
Code;	260

(C) Recommendations regarding the best practices for the	261
administration and delivery of publicly funded assistance programs	262
or other services or programs provided by council members or the	263
entities the members represent;	264

(D) Recommendations regarding the best practices in ~~care~~	265
independent life plan coordination.	266

Sec. 2151.011. (A) As used in the Revised Code:

267

(1) "Juvenile court" means whichever of the following is	268
applicable that has jurisdiction under this chapter and Chapter	269
2152. of the Revised Code:	270

(a) The division of the court of common pleas specified in	271
section 2101.022 or 2301.03 of the Revised Code as having	272
jurisdiction under this chapter and Chapter 2152. of the Revised	273
Code or as being the juvenile division or the juvenile division	274
combined with one or more other divisions;	275

(b) The juvenile court of Cuyahoga county or Hamilton county	276
that is separately and independently created by section 2151.08 or	277
Chapter 2153. of the Revised Code and that has jurisdiction under	278
this chapter and Chapter 2152. of the Revised Code;	279

(c) If division (A)(1)(a) or (b) of this section does not	280
apply, the probate division of the court of common pleas.	281

(2) "Juvenile judge" means a judge of a court having	282
jurisdiction under this chapter.	283

(3) "Private child placing agency" means any association, as	284
defined in section 5103.02 of the Revised Code, that is certified	285
under section 5103.03 of the Revised Code to accept temporary,	286
permanent, or legal custody of children and place the children for	287
either foster care or adoption.	288

(4) "Private noncustodial agency" means any person,	289
organization, association, or society certified by the department	290
of job and family services that does not accept temporary or	291
permanent legal custody of children, that is privately operated in	292
this state, and that does one or more of the following:	293

(a) Receives and cares for children for two or more	294
consecutive weeks;	295

(b) Participates in the placement of children in certified	296
foster homes;	297

(c) Provides adoption services in conjunction with a public	298
children services agency or private child placing agency.	299

(B) As used in this chapter:

300

(1) "Adequate parental care" means the provision by a child's	301
parent or parents, guardian, or custodian of adequate food,	302
clothing, and shelter to ensure the child's health and physical	303
safety and the provision by a child's parent or parents of	304
specialized services warranted by the child's physical or mental	305
needs.	306

(2) "Adult" means an individual who is eighteen years of age	307
or older.	308

(3) "Agreement for temporary custody" means a voluntary	309
agreement authorized by section 5103.15 of the Revised Code that	310
transfers the temporary custody of a child to a public children	311
services agency or a private child placing agency.	312

(4) "Alternative response" means the public children services	313
agency's response to a report of child abuse or neglect that	314
engages the family in a comprehensive evaluation of child safety,	315
risk of subsequent harm, and family strengths and needs and that	316
does not include a determination as to whether child abuse or	317
neglect occurred.	318

(5) "Certified foster home" means a foster home, as defined	319
in section 5103.02 of the Revised Code, certified under section	320
5103.03 of the Revised Code.	321

(6) "Child" means a person who is under eighteen years of	322
age, except that the juvenile court has jurisdiction over any	323
person who is adjudicated an unruly child prior to attaining	324
eighteen years of age until the person attains twenty-one years of	325
age, and, for purposes of that jurisdiction related to that	326
adjudication, a person who is so adjudicated an unruly child shall	327
be deemed a "child" until the person attains twenty-one years of	328
age.	329

(7) "Child day camp," "child care," "child day-care center,"	330
"part-time child day-care center," "type A family day-care home,"	331
"licensed type B family day-care home," "type B family day-care	332
home," "administrator of a child day-care center," "administrator	333
of a type A family day-care home," and "in-home aide" have the	334
same meanings as in section 5104.01 of the Revised Code.	335

(8) "Child care provider" means an individual who is a	336
child-care staff member or administrator of a child day-care	337
center, a type A family day-care home, or a type B family day-care	338
home, or an in-home aide or an individual who is licensed, is	339
regulated, is approved, operates under the direction of, or	340
otherwise is certified by the department of job and family	341
services, department of developmental disabilities, or the early	342
childhood programs of the department of education.	343

(9) "Chronic truant" has the same meaning as in section	344
2152.02 of the Revised Code.	345

(10) "Commit" means to vest custody as ordered by the court.

346

(11) "Counseling" includes both of the following:

347

(a) General counseling services performed by a public	348
children services agency or shelter for victims of domestic	349
violence to assist a child, a child's parents, and a child's	350
siblings in alleviating identified problems that may cause or have	351
caused the child to be an abused, neglected, or dependent child.	352

(b) Psychiatric or psychological therapeutic counseling	353
services provided to correct or alleviate any mental or emotional	354
illness or disorder and performed by a licensed psychiatrist,	355
licensed psychologist, or a person licensed under Chapter 4757. of	356
the Revised Code to engage in social work or professional	357
counseling.	358

(12) "Custodian" means a person who has legal custody of a	359
child or a public children services agency or private child	360
placing agency that has permanent, temporary, or legal custody of	361
a child.	362

(13) "Delinquent child" has the same meaning as in section	363
2152.02 of the Revised Code.	364

(14) "Detention" means the temporary care of children pending	365
court adjudication or disposition, or execution of a court order,	366
in a public or private facility designed to physically restrict	367
the movement and activities of children.	368

(15) "Developmental disability" has the same meaning as in	369
section 5123.01 of the Revised Code.	370

(16) "Differential response approach" means an approach that	371
a public children services agency may use to respond to accepted	372
reports of child abuse or neglect with either an alternative	373
response or a traditional response.	374

(17) "Foster caregiver" has the same meaning as in section	375
5103.02 of the Revised Code.	376

(18) "Guardian" means a person, association, or corporation	377
that is granted authority by a probate court pursuant to Chapter	378
2111. of the Revised Code to exercise parental rights over a child	379
to the extent provided in the court's order and subject to the	380
residual parental rights of the child's parents.	381

(19) "Habitual truant" means any child of compulsory school	382
age who is absent without legitimate excuse for absence from the	383
public school the child is supposed to attend for five or more	384
consecutive school days, seven or more school days in one school	385
month, or twelve or more school days in a school year.	386

(20) "Juvenile traffic offender" has the same meaning as in	387
section 2152.02 of the Revised Code.	388

(21) "Legal custody" means a legal status that vests in the	389
custodian the right to have physical care and control of the child	390
and to determine where and with whom the child shall live, and the	391
right and duty to protect, train, and discipline the child and to	392
provide the child with food, shelter, education, and medical care,	393
all subject to any residual parental rights, privileges, and	394
responsibilities. An individual granted legal custody shall	395
exercise the rights and responsibilities personally unless	396
otherwise authorized by any section of the Revised Code or by the	397
court.	398

(22) A "legitimate excuse for absence from the public school	399
the child is supposed to attend" includes, but is not limited to,	400
any of the following:	401

(a) The fact that the child in question has enrolled in and	402
is attending another public or nonpublic school in this or another	403
state;	404

(b) The fact that the child in question is excused from	405
attendance at school for any of the reasons specified in section	406
3321.04 of the Revised Code;	407

(c) The fact that the child in question has received an age	408
and schooling certificate in accordance with section 3331.01 of	409
the Revised Code.	410

(23) "Mental illness" and "mentally ill person subject to	411
hospitalization by court order" have the same meanings as in	412
section 5122.01 of the Revised Code.	413

(24) "Mental injury" means any behavioral, cognitive,	414
emotional, or mental disorder in a child caused by an act or	415
omission that is described in section 2919.22 of the Revised Code	416
and is committed by the parent or other person responsible for the	417
child's care.	418

(25) "Mentally retarded person" has the same meaning as in	419
section 5123.01 of the Revised Code.	420

(26) "Nonsecure care, supervision, or training" means care,	421
supervision, or training of a child in a facility that does not	422
confine or prevent movement of the child within the facility or	423
from the facility.	424

(27) "Of compulsory school age" has the same meaning as in	425
section 3321.01 of the Revised Code.	426

(28) "Organization" means any institution, public,	427
semipublic, or private, and any private association, society, or	428
agency located or operating in the state, incorporated or	429
unincorporated, having among its functions the furnishing of	430
protective services or care for children, or the placement of	431
children in certified foster homes or elsewhere.	432

(29) "Out-of-home care" means detention facilities, shelter	433
facilities, certified children's crisis care facilities, certified	434
foster homes, placement in a prospective adoptive home prior to	435
the issuance of a final decree of adoption, organizations,	436
certified organizations, child day-care centers, type A family	437
day-care homes, type B family day-care homes, child care provided	438
by in-home aides, group home providers, group homes, institutions,	439
state institutions, residential facilities, residential care	440
facilities, residential camps, day camps, private, nonprofit	441
therapeutic wilderness camps, public schools, chartered nonpublic	442
schools, educational service centers, hospitals, and medical	443
clinics that are responsible for the care, physical custody, or	444
control of children.	445

(30) "Out-of-home care child abuse" means any of the	446
following when committed by a person responsible for the care of a	447
child in out-of-home care:	448

(a) Engaging in sexual activity with a child in the person's	449
care;	450

(b) Denial to a child, as a means of punishment, of proper or	451
necessary subsistence, education, medical care, or other care	452
necessary for a child's health;	453

(c) Use of restraint procedures on a child that cause injury	454
or pain;	455

(d) Administration of prescription drugs or psychotropic	456
medication to the child without the written approval and ongoing	457
supervision of a licensed physician;	458

(e) Commission of any act, other than by accidental means,	459
that results in any injury to or death of the child in out-of-home	460
care or commission of any act by accidental means that results in	461
an injury to or death of a child in out-of-home care and that is	462
at variance with the history given of the injury or death.	463

(31) "Out-of-home care child neglect" means any of the	464
following when committed by a person responsible for the care of a	465
child in out-of-home care:	466

(a) Failure to provide reasonable supervision according to	467
the standards of care appropriate to the age, mental and physical	468
condition, or other special needs of the child;	469

(b) Failure to provide reasonable supervision according to	470
the standards of care appropriate to the age, mental and physical	471
condition, or other special needs of the child, that results in	472
sexual or physical abuse of the child by any person;	473

474

(i) Administration of prescription drugs or psychotropic	475
drugs for the child;	476

(ii) Assuring that the instructions of the licensed physician	477
who prescribed a drug for the child are followed;	478

(iii) Reporting to the licensed physician who prescribed the	479
drug all unfavorable or dangerous side effects from the use of the	480
drug.	481

(d) Failure to provide proper or necessary subsistence,	482
education, medical care, or other individualized care necessary	483
for the health or well-being of the child;	484

(e) Confinement of the child to a locked room without	485
monitoring by staff;	486

(f) Failure to provide ongoing security for all prescription	487
and nonprescription medication;	488

(g) Isolation of a child for a period of time when there is	489
substantial risk that the isolation, if continued, will impair or	490
retard the mental health or physical well-being of the child.	491

(32) "Permanent custody" means a legal status that vests in a	492
public children services agency or a private child placing agency,	493
all parental rights, duties, and obligations, including the right	494
to consent to adoption, and divests the natural parents or	495
adoptive parents of all parental rights, privileges, and	496
obligations, including all residual rights and obligations.	497

(33) "Permanent surrender" means the act of the parents or,	498
if a child has only one parent, of the parent of a child, by a	499
voluntary agreement authorized by section 5103.15 of the Revised	500
Code, to transfer the permanent custody of the child to a public	501
children services agency or a private child placing agency.	502

(34) "Person" means an individual, association, corporation,	503
or partnership and the state or any of its political subdivisions,	504
departments, or agencies.	505

(35) "Person responsible for a child's care in out-of-home	506
care" means any of the following:	507

(a) Any foster caregiver, in-home aide, or provider;

508

(b) Any administrator, employee, or agent of any of the	509
following: a public or private detention facility; shelter	510
facility; certified children's crisis care facility; organization;	511
certified organization; child day-care center; type A family	512
day-care home; licensed type B family day-care home; group home;	513
institution; state institution; residential facility; residential	514
care facility; residential camp; day camp; school district;	515
community school; chartered nonpublic school; educational service	516
center; hospital; or medical clinic;	517

(c) Any person who supervises or coaches children as part of	518
an extracurricular activity sponsored by a school district, public	519
school, or chartered nonpublic school;	520

(d) Any other person who performs a similar function with	521
respect to, or has a similar relationship to, children.	522

(36) "Physically impaired" means having one or more of the	523
following conditions that substantially limit one or more of an	524
individual's major life activities, including self-care, receptive	525
and expressive language, learning, mobility, and self-direction:	526

(a) A substantial impairment of vision, speech, or hearing;

527

(b) A congenital orthopedic impairment;

528

(c) An orthopedic impairment caused by disease, rheumatic	529
fever or any other similar chronic or acute health problem, or	530
amputation or another similar cause.	531

(37) "Placement for adoption" means the arrangement by a	532
public children services agency or a private child placing agency	533
with a person for the care and adoption by that person of a child	534
of whom the agency has permanent custody.	535

(38) "Placement in foster care" means the arrangement by a	536
public children services agency or a private child placing agency	537
for the out-of-home care of a child of whom the agency has	538
temporary custody or permanent custody.	539

(39) "Planned permanent living arrangement" means an order of	540
a juvenile court pursuant to which both of the following apply:	541

(a) The court gives legal custody of a child to a public	542
children services agency or a private child placing agency without	543
the termination of parental rights.	544

(b) The order permits the agency to make an appropriate	545
placement of the child and to enter into a written agreement with	546
a foster care provider or with another person or agency with whom	547
the child is placed.	548

(40) "Practice of social work" and "practice of professional	549
counseling" have the same meanings as in section 4757.01 of the	550
Revised Code.	551

(41) "Private, nonprofit therapeutic wilderness camp" has the	552
same meaning as in section 5103.02 of the Revised Code.	553

(42) "Sanction, service, or condition" means a sanction,	554
service, or condition created by court order following an	555
adjudication that a child is an unruly child that is described in	556
division (A)(4) of section 2152.19 of the Revised Code.	557

~~(42)~~(43) "Protective supervision" means an order of	558
disposition pursuant to which the court permits an abused,	559
neglected, dependent, or unruly child to remain in the custody of	560
the child's parents, guardian, or custodian and stay in the	561
child's home, subject to any conditions and limitations upon the	562
child, the child's parents, guardian, or custodian, or any other	563
person that the court prescribes, including supervision as	564
directed by the court for the protection of the child.	565

~~(43)~~(44) "Psychiatrist" has the same meaning as in section	566
5122.01 of the Revised Code.	567

~~(44)~~(45) "Psychologist" has the same meaning as in section	568
4732.01 of the Revised Code.	569

~~(45)~~(46) "Residential camp" means a program in which the	570
care, physical custody, or control of children is accepted	571
overnight for recreational or recreational and educational	572
purposes.	573

~~(46)~~(47) "Residential care facility" means an institution,	574
residence, or facility that is licensed by the department of	575
mental health and addiction services under section 5119.34 of the	576
Revised Code and that provides care for a child.	577

~~(47)~~(48) "Residential facility" means a home or facility that	578
is licensed by the department of developmental disabilities under	579
section 5123.19 of the Revised Code and in which a child with a	580
developmental disability resides.	581

~~(48)~~(49) "Residual parental rights, privileges, and	582
responsibilities" means those rights, privileges, and	583
responsibilities remaining with the natural parent after the	584
transfer of legal custody of the child, including, but not	585
necessarily limited to, the privilege of reasonable visitation,	586
consent to adoption, the privilege to determine the child's	587
religious affiliation, and the responsibility for support.	588

~~(49)~~(50) "School day" means the school day established by the	589
board of education of the applicable school district pursuant to	590
section 3313.481 of the Revised Code.	591

~~(50)~~(51) "School year" has the same meaning as in section	592
3313.62 of the Revised Code.	593

~~(51)~~(52) "Secure correctional facility" means a facility	594
under the direction of the department of youth services that is	595
designed to physically restrict the movement and activities of	596
children and used for the placement of children after adjudication	597
and disposition.	598

~~(52)~~(53) "Sexual activity" has the same meaning as in section	599
2907.01 of the Revised Code.	600

~~(53)~~(54) "Shelter" means the temporary care of children in	601
physically unrestricted facilities pending court adjudication or	602
disposition.	603

~~(54)~~(55) "Shelter for victims of domestic violence" has the	604
same meaning as in section 3113.33 of the Revised Code.	605

~~(55)~~(56) "Temporary custody" means legal custody of a child	606
who is removed from the child's home, which custody may be	607
terminated at any time at the discretion of the court or, if the	608
legal custody is granted in an agreement for temporary custody, by	609
the person who executed the agreement.	610

~~(56)~~(57) "Traditional response" means a public children	611
services agency's response to a report of child abuse or neglect	612
that encourages engagement of the family in a comprehensive	613
evaluation of the child's current and future safety needs and a	614
fact-finding process to determine whether child abuse or neglect	615
occurred and the circumstances surrounding the alleged harm or	616
risk of harm.	617

(C) For the purposes of this chapter, a child shall be	618
presumed abandoned when the parents of the child have failed to	619
visit or maintain contact with the child for more than ninety	620
days, regardless of whether the parents resume contact with the	621
child after that period of ninety days.	622

Sec. 2151.421. (A)(1)(a) No person described in division	623
(A)(1)(b) of this section who is acting in an official or	624
professional capacity and knows, or has reasonable cause to	625
suspect based on facts that would cause a reasonable person in a	626
similar position to suspect, that a child under eighteen years of	627
age or a mentally retarded, developmentally disabled, or	628
physically impaired child under twenty-one years of age has	629
suffered or faces a threat of suffering any physical or mental	630
wound, injury, disability, or condition of a nature that	631
reasonably indicates abuse or neglect of the child shall fail to	632
immediately report that knowledge or reasonable cause to suspect	633
to the entity or persons specified in this division. Except as	634
provided in section 5120.173 of the Revised Code, the person	635
making the report shall make it to the public children services	636
agency or a municipal or county peace officer in the county in	637
which the child resides or in which the abuse or neglect is	638
occurring or has occurred. In the circumstances described in	639
section 5120.173 of the Revised Code, the person making the report	640
shall make it to the entity specified in that section.	641

(b) Division (A)(1)(a) of this section applies to any person	642
who is an attorney; physician, including a hospital intern or	643
resident; dentist; podiatrist; practitioner of a limited branch of	644
medicine as specified in section 4731.15 of the Revised Code;	645
registered nurse; licensed practical nurse; visiting nurse; other	646
health care professional; licensed psychologist; licensed school	647
psychologist; independent marriage and family therapist or	648
marriage and family therapist; speech pathologist or audiologist;	649
coroner; administrator or employee of a child day-care center;	650
administrator or employee of a residential camp or, child day	651
camp, or private, nonprofit therapeutic wilderness camp;	652
administrator or employee of a certified child care agency or	653
other public or private children services agency; school teacher;	654
school employee; school authority; person engaged in social work	655
or the practice of professional counseling; agent of a county	656
humane society; person, other than a cleric, rendering spiritual	657
treatment through prayer in accordance with the tenets of a	658
well-recognized religion; employee of a county department of job	659
and family services who is a professional and who works with	660
children and families; superintendent, board member, or employee	661
of a county board of developmental disabilities; investigative	662
agent contracted with by a county board of developmental	663
disabilities; employee of the department of developmental	664
disabilities; employee of a facility or home that provides respite	665
care in accordance with section 5123.171 of the Revised Code;	666
employee of a home health agency; employee of an entity that	667
provides homemaker services; a person performing the duties of an	668
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;	669
or third party employed by a public children services agency to	670
assist in providing child or family related services.	671

(2) Except as provided in division (A)(3) of this section, an	672
attorney or a physician is not required to make a report pursuant	673
to division (A)(1) of this section concerning any communication	674
the attorney or physician receives from a client or patient in an	675
attorney-client or physician-patient relationship, if, in	676
accordance with division (A) or (B) of section 2317.02 of the	677
Revised Code, the attorney or physician could not testify with	678
respect to that communication in a civil or criminal proceeding.	679

(3) The client or patient in an attorney-client or	680
physician-patient relationship described in division (A)(2) of	681
this section is deemed to have waived any testimonial privilege	682
under division (A) or (B) of section 2317.02 of the Revised Code	683
with respect to any communication the attorney or physician	684
receives from the client or patient in that attorney-client or	685
physician-patient relationship, and the attorney or physician	686
shall make a report pursuant to division (A)(1) of this section	687
with respect to that communication, if all of the following apply:	688

(a) The client or patient, at the time of the communication,	689
is either a child under eighteen years of age or a mentally	690
retarded, developmentally disabled, or physically impaired person	691
under twenty-one years of age.	692

(b) The attorney or physician knows, or has reasonable cause	693
to suspect based on facts that would cause a reasonable person in	694
similar position to suspect, as a result of the communication or	695
any observations made during that communication, that the client	696
or patient has suffered or faces a threat of suffering any	697
physical or mental wound, injury, disability, or condition of a	698
nature that reasonably indicates abuse or neglect of the client or	699
patient.	700

(c) The abuse or neglect does not arise out of the client's	701
or patient's attempt to have an abortion without the notification	702
of her parents, guardian, or custodian in accordance with section	703
2151.85 of the Revised Code.	704

(4)(a) No cleric and no person, other than a volunteer,	705
designated by any church, religious society, or faith acting as a	706
leader, official, or delegate on behalf of the church, religious	707
society, or faith who is acting in an official or professional	708
capacity, who knows, or has reasonable cause to believe based on	709
facts that would cause a reasonable person in a similar position	710
to believe, that a child under eighteen years of age or a mentally	711
retarded, developmentally disabled, or physically impaired child	712
under twenty-one years of age has suffered or faces a threat of	713
suffering any physical or mental wound, injury, disability, or	714
condition of a nature that reasonably indicates abuse or neglect	715
of the child, and who knows, or has reasonable cause to believe	716
based on facts that would cause a reasonable person in a similar	717
position to believe, that another cleric or another person, other	718
than a volunteer, designated by a church, religious society, or	719
faith acting as a leader, official, or delegate on behalf of the	720
church, religious society, or faith caused, or poses the threat of	721
causing, the wound, injury, disability, or condition that	722
reasonably indicates abuse or neglect shall fail to immediately	723
report that knowledge or reasonable cause to believe to the entity	724
or persons specified in this division. Except as provided in	725
section 5120.173 of the Revised Code, the person making the report	726
shall make it to the public children services agency or a	727
municipal or county peace officer in the county in which the child	728
resides or in which the abuse or neglect is occurring or has	729
occurred. In the circumstances described in section 5120.173 of	730
the Revised Code, the person making the report shall make it to	731
the entity specified in that section.	732

(b) Except as provided in division (A)(4)(c) of this section,	733
a cleric is not required to make a report pursuant to division	734
(A)(4)(a) of this section concerning any communication the cleric	735
receives from a penitent in a cleric-penitent relationship, if, in	736
accordance with division (C) of section 2317.02 of the Revised	737
Code, the cleric could not testify with respect to that	738
communication in a civil or criminal proceeding.	739

(c) The penitent in a cleric-penitent relationship described	740
in division (A)(4)(b) of this section is deemed to have waived any	741
testimonial privilege under division (C) of section 2317.02 of the	742
Revised Code with respect to any communication the cleric receives	743
from the penitent in that cleric-penitent relationship, and the	744
cleric shall make a report pursuant to division (A)(4)(a) of this	745
section with respect to that communication, if all of the	746
following apply:	747

(i) The penitent, at the time of the communication, is either	748
a child under eighteen years of age or a mentally retarded,	749
developmentally disabled, or physically impaired person under	750
twenty-one years of age.	751

(ii) The cleric knows, or has reasonable cause to believe	752
based on facts that would cause a reasonable person in a similar	753
position to believe, as a result of the communication or any	754
observations made during that communication, the penitent has	755
suffered or faces a threat of suffering any physical or mental	756
wound, injury, disability, or condition of a nature that	757
reasonably indicates abuse or neglect of the penitent.	758

(iii) The abuse or neglect does not arise out of the	759
penitent's attempt to have an abortion performed upon a child	760
under eighteen years of age or upon a mentally retarded,	761
developmentally disabled, or physically impaired person under	762
twenty-one years of age without the notification of her parents,	763
guardian, or custodian in accordance with section 2151.85 of the	764
Revised Code.	765

(d) Divisions (A)(4)(a) and (c) of this section do not apply	766
in a cleric-penitent relationship when the disclosure of any	767
communication the cleric receives from the penitent is in	768
violation of the sacred trust.	769

(e) As used in divisions (A)(1) and (4) of this section,	770
"cleric" and "sacred trust" have the same meanings as in section	771
2317.02 of the Revised Code.	772

(B) Anyone who knows, or has reasonable cause to suspect	773
based on facts that would cause a reasonable person in similar	774
circumstances to suspect, that a child under eighteen years of age	775
or a mentally retarded, developmentally disabled, or physically	776
impaired person under twenty-one years of age has suffered or	777
faces a threat of suffering any physical or mental wound, injury,	778
disability, or other condition of a nature that reasonably	779
indicates abuse or neglect of the child may report or cause	780
reports to be made of that knowledge or reasonable cause to	781
suspect to the entity or persons specified in this division.	782
Except as provided in section 5120.173 of the Revised Code, a	783
person making a report or causing a report to be made under this	784
division shall make it or cause it to be made to the public	785
children services agency or to a municipal or county peace	786
officer. In the circumstances described in section 5120.173 of the	787
Revised Code, a person making a report or causing a report to be	788
made under this division shall make it or cause it to be made to	789
the entity specified in that section.	790

(C) Any report made pursuant to division (A) or (B) of this	791
section shall be made forthwith either by telephone or in person	792
and shall be followed by a written report, if requested by the	793
receiving agency or officer. The written report shall contain:	794

(1) The names and addresses of the child and the child's	795
parents or the person or persons having custody of the child, if	796
known;	797

(2) The child's age and the nature and extent of the child's	798
injuries, abuse, or neglect that is known or reasonably suspected	799
or believed, as applicable, to have occurred or of the threat of	800
injury, abuse, or neglect that is known or reasonably suspected or	801
believed, as applicable, to exist, including any evidence of	802
previous injuries, abuse, or neglect;	803

(3) Any other information that might be helpful in	804
establishing the cause of the injury, abuse, or neglect that is	805
known or reasonably suspected or believed, as applicable, to have	806
occurred or of the threat of injury, abuse, or neglect that is	807
known or reasonably suspected or believed, as applicable, to	808
exist.	809

Any person, who is required by division (A) of this section	810
to report child abuse or child neglect that is known or reasonably	811
suspected or believed to have occurred, may take or cause to be	812
taken color photographs of areas of trauma visible on a child and,	813
if medically indicated, cause to be performed radiological	814
examinations of the child.	815

(D) As used in this division, "children's advocacy center"	816
and "sexual abuse of a child" have the same meanings as in section	817
2151.425 of the Revised Code.	818

(1) When a municipal or county peace officer receives a	819
report concerning the possible abuse or neglect of a child or the	820
possible threat of abuse or neglect of a child, upon receipt of	821
the report, the municipal or county peace officer who receives the	822
report shall refer the report to the appropriate public children	823
services agency.	824

(2) When a public children services agency receives a report	825
pursuant to this division or division (A) or (B) of this section,	826
upon receipt of the report, the public children services agency	827
shall do both of the following:	828

(a) Comply with section 2151.422 of the Revised Code;

829

(b) If the county served by the agency is also served by a	830
children's advocacy center and the report alleges sexual abuse of	831
a child or another type of abuse of a child that is specified in	832
the memorandum of understanding that creates the center as being	833
within the center's jurisdiction, comply regarding the report with	834
the protocol and procedures for referrals and investigations, with	835
the coordinating activities, and with the authority or	836
responsibility for performing or providing functions, activities,	837
and services stipulated in the interagency agreement entered into	838
under section 2151.428 of the Revised Code relative to that	839
center.	840

(E) No township, municipal, or county peace officer shall	841
remove a child about whom a report is made pursuant to this	842
section from the child's parents, stepparents, or guardian or any	843
other persons having custody of the child without consultation	844
with the public children services agency, unless, in the judgment	845
of the officer, and, if the report was made by physician, the	846
physician, immediate removal is considered essential to protect	847
the child from further abuse or neglect. The agency that must be	848
consulted shall be the agency conducting the investigation of the	849
report as determined pursuant to section 2151.422 of the Revised	850
Code.	851

(F)(1) Except as provided in section 2151.422 of the Revised	852
Code or in an interagency agreement entered into under section	853
2151.428 of the Revised Code that applies to the particular	854
report, the public children services agency shall investigate,	855
within twenty-four hours, each report of child abuse or child	856
neglect that is known or reasonably suspected or believed to have	857
occurred and of a threat of child abuse or child neglect that is	858
known or reasonably suspected or believed to exist that is	859
referred to it under this section to determine the circumstances	860
surrounding the injuries, abuse, or neglect or the threat of	861
injury, abuse, or neglect, the cause of the injuries, abuse,	862
neglect, or threat, and the person or persons responsible. The	863
investigation shall be made in cooperation with the law	864
enforcement agency and in accordance with the memorandum of	865
understanding prepared under division (J) of this section. A	866
representative of the public children services agency shall, at	867
the time of initial contact with the person subject to the	868
investigation, inform the person of the specific complaints or	869
allegations made against the person. The information shall be	870
given in a manner that is consistent with division (H)(1) of this	871
section and protects the rights of the person making the report	872
under this section.	873

A failure to make the investigation in accordance with the	874
memorandum is not grounds for, and shall not result in, the	875
dismissal of any charges or complaint arising from the report or	876
the suppression of any evidence obtained as a result of the report	877
and does not give, and shall not be construed as giving, any	878
rights or any grounds for appeal or post-conviction relief to any	879
person. The public children services agency shall report each case	880
to the uniform statewide automated child welfare information	881
system that the department of job and family services shall	882
maintain in accordance with section 5101.13 of the Revised Code.	883
The public children services agency shall submit a report of its	884
investigation, in writing, to the law enforcement agency.	885

(2) The public children services agency shall make any	886
recommendations to the county prosecuting attorney or city	887
director of law that it considers necessary to protect any	888
children that are brought to its attention.	889

(G)(1)(a) Except as provided in division (H)(3) of this	890
section, anyone or any hospital, institution, school, health	891
department, or agency participating in the making of reports under	892
division (A) of this section, anyone or any hospital, institution,	893
school, health department, or agency participating in good faith	894
in the making of reports under division (B) of this section, and	895
anyone participating in good faith in a judicial proceeding	896
resulting from the reports, shall be immune from any civil or	897
criminal liability for injury, death, or loss to person or	898
property that otherwise might be incurred or imposed as a result	899
of the making of the reports or the participation in the judicial	900
proceeding.	901

(b) Notwithstanding section 4731.22 of the Revised Code, the	902
physician-patient privilege shall not be a ground for excluding	903
evidence regarding a child's injuries, abuse, or neglect, or the	904
cause of the injuries, abuse, or neglect in any judicial	905
proceeding resulting from a report submitted pursuant to this	906
section.	907

(2) In any civil or criminal action or proceeding in which it	908
is alleged and proved that participation in the making of a report	909
under this section was not in good faith or participation in a	910
judicial proceeding resulting from a report made under this	911
section was not in good faith, the court shall award the	912
prevailing party reasonable attorney's fees and costs and, if a	913
civil action or proceeding is voluntarily dismissed, may award	914
reasonable attorney's fees and costs to the party against whom the	915
civil action or proceeding is brought.	916

(H)(1) Except as provided in divisions (H)(4) and (N) of this	917
section, a report made under this section is confidential. The	918
information provided in a report made pursuant to this section and	919
the name of the person who made the report shall not be released	920
for use, and shall not be used, as evidence in any civil action or	921
proceeding brought against the person who made the report. Nothing	922
in this division shall preclude the use of reports of other	923
incidents of known or suspected abuse or neglect in a civil action	924
or proceeding brought pursuant to division (M) of this section	925
against a person who is alleged to have violated division (A)(1)	926
of this section, provided that any information in a report that	927
would identify the child who is the subject of the report or the	928
maker of the report, if the maker of the report is not the	929
defendant or an agent or employee of the defendant, has been	930
redacted. In a criminal proceeding, the report is admissible in	931
evidence in accordance with the Rules of Evidence and is subject	932
to discovery in accordance with the Rules of Criminal Procedure.	933

(2) No person shall permit or encourage the unauthorized	934
dissemination of the contents of any report made under this	935
section.	936

(3) A person who knowingly makes or causes another person to	937
make a false report under division (B) of this section that	938
alleges that any person has committed an act or omission that	939
resulted in a child being an abused child or a neglected child is	940
guilty of a violation of section 2921.14 of the Revised Code.	941

(4) If a report is made pursuant to division (A) or (B) of	942
this section and the child who is the subject of the report dies	943
for any reason at any time after the report is made, but before	944
the child attains eighteen years of age, the public children	945
services agency or municipal or county peace officer to which the	946
report was made or referred, on the request of the child fatality	947
review board, shall submit a summary sheet of information	948
providing a summary of the report to the review board of the	949
county in which the deceased child resided at the time of death.	950
On the request of the review board, the agency or peace officer	951
may, at its discretion, make the report available to the review	952
board. If the county served by the public children services agency	953
is also served by a children's advocacy center and the report of	954
alleged sexual abuse of a child or another type of abuse of a	955
child is specified in the memorandum of understanding that creates	956
the center as being within the center's jurisdiction, the agency	957
or center shall perform the duties and functions specified in this	958
division in accordance with the interagency agreement entered into	959
under section 2151.428 of the Revised Code relative to that	960
advocacy center.	961

(5) A public children services agency shall advise a person	962
alleged to have inflicted abuse or neglect on a child who is the	963
subject of a report made pursuant to this section, including a	964
report alleging sexual abuse of a child or another type of abuse	965
of a child referred to a children's advocacy center pursuant to an	966
interagency agreement entered into under section 2151.428 of the	967
Revised Code, in writing of the disposition of the investigation.	968
The agency shall not provide to the person any information that	969
identifies the person who made the report, statements of	970
witnesses, or police or other investigative reports.	971

(I) Any report that is required by this section, other than a	972
report that is made to the state highway patrol as described in	973
section 5120.173 of the Revised Code, shall result in protective	974
services and emergency supportive services being made available by	975
the public children services agency on behalf of the children	976
about whom the report is made, in an effort to prevent further	977
neglect or abuse, to enhance their welfare, and, whenever	978
possible, to preserve the family unit intact. The agency required	979
to provide the services shall be the agency conducting the	980
investigation of the report pursuant to section 2151.422 of the	981
Revised Code.	982

(J)(1) Each public children services agency shall prepare a	983
memorandum of understanding that is signed by all of the	984
following:	985

(a) If there is only one juvenile judge in the county, the	986
juvenile judge of the county or the juvenile judge's	987
representative;	988

(b) If there is more than one juvenile judge in the county, a	989
juvenile judge or the juvenile judges' representative selected by	990
the juvenile judges or, if they are unable to do so for any	991
reason, the juvenile judge who is senior in point of service or	992
the senior juvenile judge's representative;	993

994

(d) All chief municipal peace officers within the county;

995

(e) Other law enforcement officers handling child abuse and	996
neglect cases in the county;	997

(f) The prosecuting attorney of the county;

998

(g) If the public children services agency is not the county	999
department of job and family services, the county department of	1000
job and family services;	1001

(h) The county humane society;

1002

(i) If the public children services agency participated in	1003
the execution of a memorandum of understanding under section	1004
2151.426 of the Revised Code establishing a children's advocacy	1005
center, each participating member of the children's advocacy	1006
center established by the memorandum.	1007

(2) A memorandum of understanding shall set forth the normal	1008
operating procedure to be employed by all concerned officials in	1009
the execution of their respective responsibilities under this	1010
section and division (C) of section 2919.21, division (B)(1) of	1011
section 2919.22, division (B) of section 2919.23, and section	1012
2919.24 of the Revised Code and shall have as two of its primary	1013
goals the elimination of all unnecessary interviews of children	1014
who are the subject of reports made pursuant to division (A) or	1015
(B) of this section and, when feasible, providing for only one	1016
interview of a child who is the subject of any report made	1017
pursuant to division (A) or (B) of this section. A failure to	1018
follow the procedure set forth in the memorandum by the concerned	1019
officials is not grounds for, and shall not result in, the	1020
dismissal of any charges or complaint arising from any reported	1021
case of abuse or neglect or the suppression of any evidence	1022
obtained as a result of any reported child abuse or child neglect	1023
and does not give, and shall not be construed as giving, any	1024
rights or any grounds for appeal or post-conviction relief to any	1025
person.	1026

(3) A memorandum of understanding shall include all of the	1027
following:	1028

(a) The roles and responsibilities for handling emergency and	1029
nonemergency cases of abuse and neglect;	1030

(b) Standards and procedures to be used in handling and	1031
coordinating investigations of reported cases of child abuse and	1032
reported cases of child neglect, methods to be used in	1033
interviewing the child who is the subject of the report and who	1034
allegedly was abused or neglected, and standards and procedures	1035
addressing the categories of persons who may interview the child	1036
who is the subject of the report and who allegedly was abused or	1037
neglected.	1038

(4) If a public children services agency participated in the	1039
execution of a memorandum of understanding under section 2151.426	1040
of the Revised Code establishing a children's advocacy center, the	1041
agency shall incorporate the contents of that memorandum in the	1042
memorandum prepared pursuant to this section.	1043

(5) The clerk of the court of common pleas in the county may	1044
sign the memorandum of understanding prepared under division	1045
(J)(1) of this section. If the clerk signs the memorandum of	1046
understanding, the clerk shall execute all relevant	1047
responsibilities as required of officials specified in the	1048
memorandum.	1049

(K)(1) Except as provided in division (K)(4) of this section,	1050
a person who is required to make a report pursuant to division (A)	1051
of this section may make a reasonable number of requests of the	1052
public children services agency that receives or is referred the	1053
report, or of the children's advocacy center that is referred the	1054
report if the report is referred to a children's advocacy center	1055
pursuant to an interagency agreement entered into under section	1056
2151.428 of the Revised Code, to be provided with the following	1057
information:	1058

(a) Whether the agency or center has initiated an	1059
investigation of the report;	1060

(b) Whether the agency or center is continuing to investigate	1061
the report;	1062

(c) Whether the agency or center is otherwise involved with	1063
the child who is the subject of the report;	1064

(d) The general status of the health and safety of the child	1065
who is the subject of the report;	1066

(e) Whether the report has resulted in the filing of a	1067
complaint in juvenile court or of criminal charges in another	1068
court.	1069

(2) A person may request the information specified in	1070
division (K)(1) of this section only if, at the time the report is	1071
made, the person's name, address, and telephone number are	1072
provided to the person who receives the report.	1073

When a municipal or county peace officer or employee of a	1074
public children services agency receives a report pursuant to	1075
division (A) or (B) of this section the recipient of the report	1076
shall inform the person of the right to request the information	1077
described in division (K)(1) of this section. The recipient of the	1078
report shall include in the initial child abuse or child neglect	1079
report that the person making the report was so informed and, if	1080
provided at the time of the making of the report, shall include	1081
the person's name, address, and telephone number in the report.	1082

Each request is subject to verification of the identity of	1083
the person making the report. If that person's identity is	1084
verified, the agency shall provide the person with the information	1085
described in division (K)(1) of this section a reasonable number	1086
of times, except that the agency shall not disclose any	1087
confidential information regarding the child who is the subject of	1088
the report other than the information described in those	1089
divisions.	1090

(3) A request made pursuant to division (K)(1) of this	1091
section is not a substitute for any report required to be made	1092
pursuant to division (A) of this section.	1093

(4) If an agency other than the agency that received or was	1094
referred the report is conducting the investigation of the report	1095
pursuant to section 2151.422 of the Revised Code, the agency	1096
conducting the investigation shall comply with the requirements of	1097
division (K) of this section.	1098

(L) The director of job and family services shall adopt rules	1099
in accordance with Chapter 119. of the Revised Code to implement	1100
this section. The department of job and family services may enter	1101
into a plan of cooperation with any other governmental entity to	1102
aid in ensuring that children are protected from abuse and	1103
neglect. The department shall make recommendations to the attorney	1104
general that the department determines are necessary to protect	1105
children from child abuse and child neglect.	1106

(M) Whoever violates division (A) of this section is liable	1107
for compensatory and exemplary damages to the child who would have	1108
been the subject of the report that was not made. A person who	1109
brings a civil action or proceeding pursuant to this division	1110
against a person who is alleged to have violated division (A)(1)	1111
of this section may use in the action or proceeding reports of	1112
other incidents of known or suspected abuse or neglect, provided	1113
that any information in a report that would identify the child who	1114
is the subject of the report or the maker of the report, if the	1115
maker is not the defendant or an agent or employee of the	1116
defendant, has been redacted.	1117

(N)(1) As used in this division:

1118

(a) "Out-of-home care" includes a nonchartered nonpublic	1119
school if the alleged child abuse or child neglect, or alleged	1120
threat of child abuse or child neglect, described in a report	1121
received by a public children services agency allegedly occurred	1122
in or involved the nonchartered nonpublic school and the alleged	1123
perpetrator named in the report holds a certificate, permit, or	1124
license issued by the state board of education under section	1125
3301.071 or Chapter 3319. of the Revised Code.	1126

(b) "Administrator, director, or other chief administrative	1127
officer" means the superintendent of the school district if the	1128
out-of-home care entity subject to a report made pursuant to this	1129
section is a school operated by the district.	1130

(2) No later than the end of the day following the day on	1131
which a public children services agency receives a report of	1132
alleged child abuse or child neglect, or a report of an alleged	1133
threat of child abuse or child neglect, that allegedly occurred in	1134
or involved an out-of-home care entity, the agency shall provide	1135
written notice of the allegations contained in and the person	1136
named as the alleged perpetrator in the report to the	1137
administrator, director, or other chief administrative officer of	1138
the out-of-home care entity that is the subject of the report	1139
unless the administrator, director, or other chief administrative	1140
officer is named as an alleged perpetrator in the report. If the	1141
administrator, director, or other chief administrative officer of	1142
an out-of-home care entity is named as an alleged perpetrator in a	1143
report of alleged child abuse or child neglect, or a report of an	1144
alleged threat of child abuse or child neglect, that allegedly	1145
occurred in or involved the out-of-home care entity, the agency	1146
shall provide the written notice to the owner or governing board	1147
of the out-of-home care entity that is the subject of the report.	1148
The agency shall not provide witness statements or police or other	1149
investigative reports.	1150

(3) No later than three days after the day on which a public	1151
children services agency that conducted the investigation as	1152
determined pursuant to section 2151.422 of the Revised Code makes	1153
a disposition of an investigation involving a report of alleged	1154
child abuse or child neglect, or a report of an alleged threat of	1155
child abuse or child neglect, that allegedly occurred in or	1156
involved an out-of-home care entity, the agency shall send written	1157
notice of the disposition of the investigation to the	1158
administrator, director, or other chief administrative officer and	1159
the owner or governing board of the out-of-home care entity. The	1160
agency shall not provide witness statements or police or other	1161
investigative reports.	1162

(O) As used in this section, "investigation" means the public	1163
children services agency's response to an accepted report of child	1164
abuse or neglect through either an alternative response or a	1165
traditional response.	1166

Sec. 3712.04. (A) Every person or public agency that	1167
proposes to provide a hospice care program shall apply to the	1168
department of health for a license. Application shall be made on	1169
forms prescribed and provided by the department, shall include	1170
such information as the department requires, and shall be	1171
accompanied by the license fee established by rules of the	1172
director of health adopted under division (A) of section 3712.03	1173
of the Revised Code.	1174

The department shall grant a license to the applicant if the	1175
applicant is in compliance with this chapter and rules adopted	1176
under it.	1177

(B) A license granted under this section shall be valid for	1178
three years. Application for renewal of a license shall be made at	1179
least ninety days before the expiration of the license in the same	1180
manner as for an initial license, except that, if the program	1181
provides hospice care and services in a hospice patient's home,	1182
the application for renewal shall include written evidence	1183
demonstrating that the applicant is in compliance with section	1184
3712.062 of the Revised Code. The department shall renew the	1185
license if the applicant meets the requirements of this chapter	1186
and rules adopted under it.	1187

(C) Subject to Chapter 119. of the Revised Code, the	1188
department may suspend or revoke a license if the licensee made	1189
any material misrepresentation in the application for the license	1190
or no longer meets the requirements of this chapter or rules	1191
adopted under it.	1192

(D) A hospital, nursing home, home for the aged, county	1193
medical care facility, or other health facility or agency that	1194
provides a hospice care program shall be licensed to provide a	1195
hospice care program under this section.	1196

(E) A nursing home licensed under Chapter 3721. of the	1197
Revised Code that does not hold itself out to be a hospice, does	1198
not hold itself out as providing a hospice care program, does not	1199
use the term hospice to describe or refer to its activities or	1200
facilities, and that does not provide all of the services	1201
enumerated in division (A) of section 3712.01 of the Revised Code	1202
is not subject to the licensing provisions of this chapter.	1203

Sec. 3712.062. (A) Each hospice care program licensed under	1204
this chapter that provides hospice care and services in a hospice	1205
patient's home shall establish a written policy establishing	1206
procedures to be followed in preventing the diversion of	1207
controlled substances containing opioids that are prescribed to	1208
its hospice patients. The policy shall include procedures for the	1209
disposal of any such drugs prescribed to a hospice patient as part	1210
of the patient's interdisciplinary plan of care that are	1211
relinquished to the program after the patient's death or that	1212
otherwise are no longer needed by the patient. The policy shall	1213
require that the disposal be documented by a program employee and	1214
conducted in any of the following ways:	1215

(1) Performed by a program employee and witnessed by the	1216
patient or patient's family member;	1217

(2) Performed by the patient or patient's family member and	1218
witnessed by a program employee;	1219

(3) Performed by a program employee and witnessed by another	1220
program employee.	1221

(B) As part of a hospice patient's interdisciplinary plan of	1222
care required by section 3712.06 of the Revised Code, each hospice	1223
care program that provides hospice care and services in the	1224
patient's home shall do all of the following:	1225

(1) Before providing hospice care and services, distribute a	1226
copy of the written policy established under division (A) of this	1227
section to the patient and patient's family and discuss the	1228
procedures included in the policy with the patient and patient's	1229
family;	1230

(2) Assess the patient, the patient's family, and the care	1231
environment for any risk factors associated with diversion;	1232

(3) Maintain records of controlled substances containing	1233
opioids prescribed to the patient and included in the patient's	1234
interdisciplinary plan of care, including accurate counts of the	1235
numbers dispensed and used;	1236

(4) Monitor the use and consumption of controlled substances	1237
containing opioids prescribed to the patient and included in the	1238
patient's interdisciplinary plan of care, including prescription	1239
refills, for signs of diversion;	1240

(5) Report any sign of suspected diversion to a local law	1241
enforcement agency;	1242

(6) Before providing hospice care and services, inform the	1243
patient and the patient's family that the hospice care program	1244
will dispose of any controlled substances containing opioids that	1245
are no longer needed by the patient and were included in the	1246
patient's interdisciplinary plan of care;	1247

(7) After the patient's death or when no longer needed by the	1248
patient, request, in writing, that the patient or patient's family	1249
relinquish to the program for disposal any remaining controlled	1250
substances containing opioids that were included in the patient's	1251
interdisciplinary plan of care to the program;	1252

(8) Report to a local law enforcement agency the quantity and	1253
type of any remaining controlled substances containing opioids	1254
that were included in the patient's interdisciplinary plan of care	1255
and were not relinquished to the program by the patient or	1256
patient's family.	1257

(C) If a hospice care program complies with divisions (B)(7)	1258
and (8) of this section, neither the program nor its employees,	1259
officers, or directors shall be liable in damages to any person or	1260
government entity in a civil action for injury, death, or loss to	1261
person or property that allegedly arises from an action or	1262
omission of the program or an employee relative to this section	1263
unless the action or omission constitutes willful or wanton	1264
misconduct.	1265

(D) No person who receives a written request under division	1266
(B)(7) of this section shall fail to relinquish controlled	1267
substances containing opioids that were included in a patient's	1268
interdisciplinary plan of care.	1269

(E) Immediately following a report from a hospice program	1270
under division (B)(8) of this section, the local law enforcement	1271
agency shall investigate and dispose of the remaining controlled	1272
substances containing opioids that were reported to the agency	1273
pursuant to division (B)(8) of this section.	1274

(F) After a review of the written evidence submitted under	1275
division (B) of section 3701.04 of the Revised Code with an	1276
application for license renewal, if the department determines that	1277
the program is not in compliance with this section, the department	1278
may suspend the program's license for not more than six months and	1279
impose a fine not to exceed twenty thousand dollars.	1280

(G) Not later than one year after the effective date of this	1281
section, the director of health shall adopt rules in accordance	1282
with Chapter 119. of the Revised Code establishing standards and	1283
procedures for the submission and review of the written evidence	1284
required by division (B) of section 3701.04 of the Revised Code	1285
for renewal of a hospice care program license.	1286

Sec. 3712.99. (A) Any person who violates division (A) of	1287
section 3712.05 or division (A) of section 3712.051 of the Revised	1288
Code is guilty of a misdemeanor of the second degree on a first	1289
offense; on each subsequent offense the person is guilty of a	1290
misdemeanor of the first degree.	1291

(B) Any person who violates division (D) of section 3712.062	1292
of the Revised Code is guilty of a minor misdemeanor.	1293

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

1294

(a) "Medical emergency" means a situation that in a	1295
prescriber's good faith medical judgment creates an immediate	1296
threat of serious risk to the life or physical health of a minor.	1297

(b) "Minor" means a person under eighteen years of age who is	1298
not emancipated.	1299

(2) For the purposes of this section, a person under eighteen	1300
years of age is emancipated only if the person has married,	1301
entered the armed services of the United States, became employed	1302
and self-sustaining, or has otherwise become independent from the	1303
care and control of the person's parent, guardian, or custodian.	1304

(B) Except as provided in division (C) of this section,	1305
before issuing for a minor the first prescription in a single	1306
course of treatment for a particular compound that is a controlled	1307
substance that contains an opioid, regardless of whether the	1308
dosage is modified during that course of treatment, a prescriber	1309
shall do all of the following:	1310

(1) As part of the prescriber's examination of the minor,	1311
assess whether the minor has ever suffered, or is currently	1312
suffering, from mental health or substance abuse disorders and	1313
whether the minor has taken or is currently taking prescription	1314
drugs for treatment of those disorders;	1315

(2) Discuss with the minor and the minor's parent, guardian,	1316
or other person responsible for the minor all of the following:	1317

(a) The risks of addiction and overdose associated with the	1318
compound;	1319

(b) The increased risk of addiction to controlled substances	1320
of individuals suffering from both mental and substance abuse	1321
disorders;	1322

(c) The dangers of taking controlled substances containing	1323
opioids with benzodiazepines, alcohol, or other central nervous	1324
system depressants;	1325

(d) Any other information in the patient counseling	1326
information section of labeling for the compound required under 21	1327
C.F.R. 201.57(c)(18).	1328

(3) Obtain written consent for the prescription from the	1329
minor's parent, guardian, or other person responsible for the	1330
minor.	1331

The prescriber shall record the consent on a form, separate	1332
from any other document the prescriber uses to obtain informed	1333
consent for other treatment provided to the minor, that contains	1334
all of the following:	1335

(a) The name and quantity of the compound being prescribed	1336
and the amount of the initial dose;	1337

(b) A statement indicating that a controlled substance is a	1338
drug or other substance that the United States drug enforcement	1339
agency has identified as having a potential for abuse;	1340

(c) A statement certifying that the prescriber discussed with	1341
the minor and the minor's parent, guardian, or other person	1342
responsible for the minor the matters described in division (B)(2)	1343
of this section;	1344

(d) The number of refills authorized by the prescription;

1345

(e) The signature of the minor's parent, guardian, or other	1346
person responsible for the minor and the date of signing.	1347

(C)(1) The requirements in division (B) of this section do	1348
not apply if the minor's treatment with a controlled substance	1349
that contains an opioid meets any of the following criteria:	1350

(a) The treatment is associated with or incident to a medical	1351
emergency.	1352

(b) The treatment is associated with or incident to surgery,	1353
regardless of whether the surgery is performed on an inpatient or	1354
outpatient basis.	1355

(c) In the prescriber's professional judgment, fulfilling the	1356
requirements of division (B) of this section with respect to the	1357
minor's treatment would be a detriment to the minor's health or	1358
safety.	1359

(d) Except as provided in division (C)(2) of this section,	1360
the treatment is rendered in a hospital, ambulatory surgical	1361
facility, nursing home, pediatric respite care program,	1362
residential care facility, freestanding rehabilitation facility,	1363
or similar institutional facility.	1364

(2) The exemption in division (C)(1)(d) of this section does	1365
not apply to treatment rendered in a prescriber's office that is	1366
located on the premises of or adjacent to a facility or other	1367
location described in that division.	1368

(D) If the exemption in division (C)(1)(c) of this section	1369
applies, the prescriber shall notify the appropriate public	1370
children services agency of the circumstances precipitating the	1371
prescriber's professional judgment to invoke this exemption.	1372

(E) The signed consent form shall be maintained in the	1373
minor's medical record.	1374

Sec. 4121.443. Each contract the administrator of workers'	1375
compensation enters into with a managed care organization under	1376
division (B)(4) of section 4121.44 of the Revised Code shall	1377
require the managed care organization to enter into a data	1378
security agreement with the state board of pharmacy governing the	1379
managed care organization's use of the board's drug database	1380
established and maintained under section 4729.75 of the Revised	1381
Code.	1382

This section does not apply if the board no longer maintains	1383
the drug database.	1384

Sec. 4715.14. (A)(1) Each person who is licensed to practice	1385
dentistry in Ohio shall, on or before the first day of January of	1386
each even-numbered year, register with the state dental board. The	1387
registration shall be made on a form prescribed by the board and	1388
furnished by the secretary, shall include the licensee's name,	1389
address, license number, and such other reasonable information as	1390
the board may consider necessary, and shall include payment of a	1391
biennial registration fee of two hundred forty-five dollars.	1392
Except as provided in division (E) of this section, this fee shall	1393
be paid to the treasurer of state. Subject to division (C) of this	1394
section, a registration shall be in effect for the two-year period	1395
beginning on the first day of January of the even-numbered year	1396
and ending on the last day of December of the following	1397
odd-numbered year, and shall be renewed in accordance with the	1398
standard renewal procedure of sections 4745.01 to 4745.03 of the	1399
Revised Code.	1400

(2)(a) Except as provided in division (A)(2)(b) of this	1401
section, with respect to a licensee who prescribes or personally	1402
furnishes opioid analgesics or benzodiazepines as part of the	1403
licensee's regular practice of dentistry, the registration shall	1404
also include evidence that the licensee has been granted access to	1405
the drug database established and maintained by the state board of	1406
pharmacy pursuant to section 4729.75 of the Revised Code.	1407

(b) The requirement in division (A)(2)(a) of this section	1408
does not apply if either of the following is the case:	1409

(i) The state board of pharmacy notifies the state dental	1410
board pursuant to section 4729.861 of the Revised Code that the	1411
licensee has been restricted from obtaining further information	1412
from the drug database.	1413

(ii) The state board of pharmacy no longer maintains the drug	1414
database.	1415

(B) A licensed dentist who desires to temporarily retire from	1416
practice and who has given the board notice in writing to that	1417
effect shall be granted such a retirement, provided only that at	1418
that time all previous registration fees and additional costs of	1419
reinstatement have been paid.	1420

(C) Not later than the thirty-first day of January of an	1421
even-numbered year, the board shall send a notice by certified	1422
mail to a dentist who fails to renew a license in accordance with	1423
division (A) of this section. The notice shall state all of the	1424
following:	1425

(1) That the board has not received the registration form and	1426
fee described in that division;	1427

(2) That the license shall remain valid and in good standing	1428
until the first day of April following the last day of December of	1429
the odd-numbered year in which the dentist was scheduled to renew	1430
if the dentist remains in compliance with all other applicable	1431
provisions of this chapter and any rule adopted under it;	1432

(3) That the license may be renewed until the first day of	1433
April following the last day of December of the odd-numbered year	1434
in which the dentist was scheduled to renew by the payment of the	1435
biennial registration fee and an additional fee of one hundred	1436
dollars to cover the cost of late renewal;	1437

(4) That unless the board receives the registration form and	1438
fee before the first day of April following the last day of	1439
December of the odd-numbered year in which the dentist was	1440
scheduled to renew, the board may, on or after the relevant first	1441
day of April, initiate disciplinary action against the dentist	1442
pursuant to Chapter 119. of the Revised Code;	1443

(5) That a dentist whose license has been suspended as a	1444
result of disciplinary action initiated pursuant to division	1445
(C)(4) of this section may be reinstated by the payment of the	1446
biennial registration fee and an additional fee of three hundred	1447
dollars to cover the cost of reinstatement.	1448

(D) Each dentist licensed to practice, whether a resident or	1449
not, shall notify the secretary in writing or electronically of	1450
any change in the dentist's office address or employment within	1451
ten days after such change has taken place. On the first day of	1452
July of every even-numbered year, the secretary shall issue a	1453
printed roster of the names and addresses so registered.	1454

(E) Twenty dollars of each biennial registration fee shall be	1455
paid to the dentist loan repayment fund created under section	1456
3702.95 of the Revised Code.	1457

Sec. 4715.30. (A) An applicant for or holder of a	1458
certificate or license issued under this chapter is subject to	1459
disciplinary action by the state dental board for any of the	1460
following reasons:	1461

(1) Employing or cooperating in fraud or material deception	1462
in applying for or obtaining a license or certificate;	1463

(2) Obtaining or attempting to obtain money or anything of	1464
value by intentional misrepresentation or material deception in	1465
the course of practice;	1466

(3) Advertising services in a false or misleading manner or	1467
violating the board's rules governing time, place, and manner of	1468
advertising;	1469

(4) Commission of an act that constitutes a felony in this	1470
state, regardless of the jurisdiction in which the act was	1471
committed;	1472

(5) Commission of an act in the course of practice that	1473
constitutes a misdemeanor in this state, regardless of the	1474
jurisdiction in which the act was committed;	1475

(6) Conviction of, a plea of guilty to, a judicial finding of	1476
guilt of, a judicial finding of guilt resulting from a plea of no	1477
contest to, or a judicial finding of eligibility for intervention	1478
in lieu of conviction for, any felony or of a misdemeanor	1479
committed in the course of practice;	1480

(7) Engaging in lewd or immoral conduct in connection with	1481
the provision of dental services;	1482

(8) Selling, prescribing, giving away, or administering drugs	1483
for other than legal and legitimate therapeutic purposes, or	1484
conviction of, a plea of guilty to, a judicial finding of guilt	1485
of, a judicial finding of guilt resulting from a plea of no	1486
contest to, or a judicial finding of eligibility for intervention	1487
in lieu of conviction for, a violation of any federal or state law	1488
regulating the possession, distribution, or use of any drug;	1489

(9) Providing or allowing dental hygienists, expanded	1490
function dental auxiliaries, or other practitioners of auxiliary	1491
dental occupations working under the certificate or license	1492
holder's supervision, or a dentist holding a temporary limited	1493
continuing education license under division (C) of section 4715.16	1494
of the Revised Code working under the certificate or license	1495
holder's direct supervision, to provide dental care that departs	1496
from or fails to conform to accepted standards for the profession,	1497
whether or not injury to a patient results;	1498

(10) Inability to practice under accepted standards of the	1499
profession because of physical or mental disability, dependence on	1500
alcohol or other drugs, or excessive use of alcohol or other	1501
drugs;	1502

(11) Violation of any provision of this chapter or any rule	1503
adopted thereunder;	1504

(12) Failure to use universal blood and body fluid	1505
precautions established by rules adopted under section 4715.03 of	1506
the Revised Code;	1507

(13) Except as provided in division (H) of this section,	1508
either of the following:	1509

(a) Waiving the payment of all or any part of a deductible or	1510
copayment that a patient, pursuant to a health insurance or health	1511
care policy, contract, or plan that covers dental services, would	1512
otherwise be required to pay if the waiver is used as an	1513
enticement to a patient or group of patients to receive health	1514
care services from that certificate or license holder;	1515

(b) Advertising that the certificate or license holder will	1516
waive the payment of all or any part of a deductible or copayment	1517
that a patient, pursuant to a health insurance or health care	1518
policy, contract, or plan that covers dental services, would	1519
otherwise be required to pay.	1520

(14) Failure to comply with section 4715.302 or 4729.79 of	1521
the Revised Code, unless the state board of pharmacy no longer	1522
maintains a drug database pursuant to section 4729.75 of the	1523
Revised Code;	1524

(15) Any of the following actions taken by an agency	1525
responsible for authorizing, certifying, or regulating an	1526
individual to practice a health care occupation or provide health	1527
care services in this state or another jurisdiction, for any	1528
reason other than the nonpayment of fees: the limitation,	1529
revocation, or suspension of an individual's license to practice;	1530
acceptance of an individual's license surrender; denial of a	1531
license; refusal to renew or reinstate a license; imposition of	1532
probation; or issuance of an order of censure or other reprimand;	1533

(16) Failure to cooperate in an investigation conducted by	1534
the board under division (D) of section 4715.03 of the Revised	1535
Code, including failure to comply with a subpoena or order issued	1536
by the board or failure to answer truthfully a question presented	1537
by the board at a deposition or in written interrogatories, except	1538
that failure to cooperate with an investigation shall not	1539
constitute grounds for discipline under this section if a court of	1540
competent jurisdiction has issued an order that either quashes a	1541
subpoena or permits the individual to withhold the testimony or	1542
evidence in issue;	1543

(17) Violation of section 3719.061 of the Revised Code.

1544

(B) A manager, proprietor, operator, or conductor of a dental	1545
facility shall be subject to disciplinary action if any dentist,	1546
dental hygienist, expanded function dental auxiliary, or qualified	1547
personnel providing services in the facility is found to have	1548
committed a violation listed in division (A) of this section and	1549
the manager, proprietor, operator, or conductor knew of the	1550
violation and permitted it to occur on a recurring basis.	1551

(C)(1) Subject to Chapter 119. of the Revised Code, the board	1552
may take one or more of the following disciplinary actions if one	1553
or more of the grounds for discipline listed in divisions (A)(1)	1554
to (16) and (B) of this section exist:	1555

~~(1)~~(a) Censure the license or certificate holder;

1556

~~(2)~~(b) Place the license or certificate on probationary	1557
status for such period of time the board determines necessary and	1558
require the holder to:	1559

~~(a)~~(i) Report regularly to the board upon the matters which	1560
are the basis of probation;	1561

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

1562

~~(c)~~(iii) Continue or renew professional education until a	1563
satisfactory degree of knowledge or clinical competency has been	1564
attained in specified areas.	1565

~~(3)~~(c) Suspend the certificate or license;

1566

~~(4)~~(d) Revoke the certificate or license.

1567

(2) For the initial violation of section 3719.061 of the	1568
Revised Code by a dentist, the board may impose a fine not to	1569
exceed twenty thousand dollars. For each subsequent violation of	1570
that section, the board may impose an additional fine not to	1571
exceed twenty thousand dollars, suspend for not less than six	1572
months the license of the dentist, or both.	1573

Disciplinary action under this section shall be taken	1574
pursuant to an adjudication conducted under Chapter 119. of the	1575
Revised Code.	1576

Where the board places a holder of a license or certificate	1577
on probationary status pursuant to division (C)~~(2)~~(1)(b) of this	1578
section, the board may subsequently suspend or revoke the license	1579
or certificate if it determines that the holder has not met the	1580
requirements of the probation or continues to engage in activities	1581
that constitute grounds for discipline pursuant to division (A) or	1582
(B) of this section.	1583

Any order suspending a license or certificate for grounds for	1584
discipline listed in divisions (A)(1) to (16) of this section	1585
shall state the conditions under which the license or certificate	1586
will be restored, which may include a conditional restoration	1587
during which time the holder is in a probationary status pursuant	1588
to division (C)~~(2)~~(1)(b) of this section. The board shall restore	1589
the license or certificate unconditionally when such conditions	1590
are met.	1591

(D) If the physical or mental condition of an applicant or a	1592
license or certificate holder is at issue in a disciplinary	1593
proceeding, the board may order the license or certificate holder	1594
to submit to reasonable examinations by an individual designated	1595
or approved by the board and at the board's expense. The physical	1596
examination may be conducted by any individual authorized by the	1597
Revised Code to do so, including a physician assistant, a clinical	1598
nurse specialist, a certified nurse practitioner, or a certified	1599
nurse-midwife. Any written documentation of the physical	1600
examination shall be completed by the individual who conducted the	1601
examination.	1602

Failure to comply with an order for an examination shall be	1603
grounds for refusal of a license or certificate or summary	1604
suspension of a license or certificate under division (E) of this	1605
section.	1606

(E) If a license or certificate holder has failed to comply	1607
with an order under division (D) of this section, the board may	1608
apply to the court of common pleas of the county in which the	1609
holder resides for an order temporarily suspending the holder's	1610
license or certificate, without a prior hearing being afforded by	1611
the board, until the board conducts an adjudication hearing	1612
pursuant to Chapter 119. of the Revised Code. If the court	1613
temporarily suspends a holder's license or certificate, the board	1614
shall give written notice of the suspension personally or by	1615
certified mail to the license or certificate holder. Such notice	1616
shall inform the license or certificate holder of the right to a	1617
hearing pursuant to Chapter 119. of the Revised Code.	1618

(F) Any holder of a certificate or license issued under this	1619
chapter who has pleaded guilty to, has been convicted of, or has	1620
had a judicial finding of eligibility for intervention in lieu of	1621
conviction entered against the holder in this state for aggravated	1622
murder, murder, voluntary manslaughter, felonious assault,	1623
kidnapping, rape, sexual battery, gross sexual imposition,	1624
aggravated arson, aggravated robbery, or aggravated burglary, or	1625
who has pleaded guilty to, has been convicted of, or has had a	1626
judicial finding of eligibility for treatment or intervention in	1627
lieu of conviction entered against the holder in another	1628
jurisdiction for any substantially equivalent criminal offense, is	1629
automatically suspended from practice under this chapter in this	1630
state and any certificate or license issued to the holder under	1631
this chapter is automatically suspended, as of the date of the	1632
guilty plea, conviction, or judicial finding, whether the	1633
proceedings are brought in this state or another jurisdiction.	1634
Continued practice by an individual after the suspension of the	1635
individual's certificate or license under this division shall be	1636
considered practicing without a certificate or license. The board	1637
shall notify the suspended individual of the suspension of the	1638
individual's certificate or license under this division by	1639
certified mail or in person in accordance with section 119.07 of	1640
the Revised Code. If an individual whose certificate or license is	1641
suspended under this division fails to make a timely request for	1642
an adjudicatory hearing, the board shall enter a final order	1643
revoking the individual's certificate or license.	1644

(G) If the supervisory investigative panel determines both of	1645
the following, the panel may recommend that the board suspend an	1646
individual's certificate or license without a prior hearing:	1647

(1) That there is clear and convincing evidence that an	1648
individual has violated ~~division~~divisions (A)(1) to (16) of this	1649
section;	1650

(2) That the individual's continued practice presents a	1651
danger of immediate and serious harm to the public.	1652

Written allegations shall be prepared for consideration by	1653
the board. The board, upon review of those allegations and by an	1654
affirmative vote of not fewer than four dentist members of the	1655
board and seven of its members in total, excluding any member on	1656
the supervisory investigative panel, may suspend a certificate or	1657
license without a prior hearing. A telephone conference call may	1658
be utilized for reviewing the allegations and taking the vote on	1659
the summary suspension.	1660

The board shall issue a written order of suspension by	1661
certified mail or in person in accordance with section 119.07 of	1662
the Revised Code. The order shall not be subject to suspension by	1663
the court during pendency or any appeal filed under section 119.12	1664
of the Revised Code. If the individual subject to the summary	1665
suspension requests an adjudicatory hearing by the board, the date	1666
set for the hearing shall be within fifteen days, but not earlier	1667
than seven days, after the individual requests the hearing, unless	1668
otherwise agreed to by both the board and the individual.	1669

Any summary suspension imposed under this division shall	1670
remain in effect, unless reversed on appeal, until a final	1671
adjudicative order issued by the board pursuant to this section	1672
and Chapter 119. of the Revised Code becomes effective. The board	1673
shall issue its final adjudicative order within seventy-five days	1674
after completion of its hearing. A failure to issue the order	1675
within seventy-five days shall result in dissolution of the	1676
summary suspension order but shall not invalidate any subsequent,	1677
final adjudicative order.	1678

(H) Sanctions shall not be imposed under division (A)(13) of	1679
this section against any certificate or license holder who waives	1680
deductibles and copayments as follows:	1681

(1) In compliance with the health benefit plan that expressly	1682
allows such a practice. Waiver of the deductibles or copayments	1683
shall be made only with the full knowledge and consent of the plan	1684
purchaser, payer, and third-party administrator. Documentation of	1685
the consent shall be made available to the board upon request.	1686

(2) For professional services rendered to any other person	1687
who holds a certificate or license issued pursuant to this chapter	1688
to the extent allowed by this chapter and the rules of the board.	1689

(I) In no event shall the board consider or raise during a	1690
hearing required by Chapter 119. of the Revised Code the	1691
circumstances of, or the fact that the board has received, one or	1692
more complaints about a person unless the one or more complaints	1693
are the subject of the hearing or resulted in the board taking an	1694
action authorized by this section against the person on a prior	1695
occasion.	1696

(J) The board may share any information it receives pursuant	1697
to an investigation under division (D) of section 4715.03 of the	1698
Revised Code, including patient records and patient record	1699
information, with law enforcement agencies, other licensing	1700
boards, and other governmental agencies that are prosecuting,	1701
adjudicating, or investigating alleged violations of statutes or	1702
administrative rules. An agency or board that receives the	1703
information shall comply with the same requirements regarding	1704
confidentiality as those with which the state dental board must	1705
comply, notwithstanding any conflicting provision of the Revised	1706
Code or procedure of the agency or board that applies when it is	1707
dealing with other information in its possession. In a judicial	1708
proceeding, the information may be admitted into evidence only in	1709
accordance with the Rules of Evidence, but the court shall require	1710
that appropriate measures are taken to ensure that confidentiality	1711
is maintained with respect to any part of the information that	1712
contains names or other identifying information about patients or	1713
complainants whose confidentiality was protected by the state	1714
dental board when the information was in the board's possession.	1715
Measures to ensure confidentiality that may be taken by the court	1716
include sealing its records or deleting specific information from	1717
its records.	1718

Sec. 4715.302. (A) As used in this section, "drug database"	1719
means the database established and maintained by the state board	1720
of pharmacy pursuant to section 4729.75 of the Revised Code.	1721

(B) ~~The~~Except as provided in divisions (C) and (E) of this	1722
section, a dentist shall comply with all of the following as	1723
conditions of prescribing a drug that is either an opioid	1724
analgesic or a benzodiazepine, or personally furnishing a complete	1725
or partial supply of such a drug, as part of a patient's course of	1726
treatment for a particular condition:	1727

(1) Before initially prescribing or furnishing the drug, the	1728
dentist or the dentist's delegate shall request from the drug	1729
database a report of information related to the patient that	1730
covers at least the twelve months immediately preceding the date	1731
of the request. If the dentist practices primarily in a county of	1732
this state that adjoins another state, the dentist or delegate	1733
also shall request a report of any information available in the	1734
drug database that pertains to prescriptions issued or drugs	1735
furnished to the patient in the state adjoining that county.	1736

(2) If the patient's course of treatment for the condition	1737
continues for more than ninety days after the initial report is	1738
requested, the dentist or delegate shall make periodic requests	1739
for reports of information from the drug database until the course	1740
of treatment has ended. The requests shall be made at intervals	1741
not exceeding ninety days, determined according to the date the	1742
initial request was made. The request shall be made in the same	1743
manner provided in division (B)(1) of this section for requesting	1744
the initial report of information from the drug database.	1745

(3) On receipt of a report under division (B)(1) or (2) of	1746
this section, the dentist shall assess the information in the	1747
report. The dentist shall document in the patient's record that	1748
the report was received and the information was assessed.	1749

(C)(1) Division (B) of this section does not apply if a drug	1750
database report regarding the patient is not available. In this	1751
event, the dentist shall document in the patient's record the	1752
reason that the report is not available.	1753

(2) Division (B) of this section does not apply if the drug	1754
is prescribed or personally furnished in an amount indicated for a	1755
period not to exceed seven days.	1756

(D) With respect to prescribing or personally furnishing any	1757
drug that is not an opioid analgesic or a benzodiazepine but is	1758
included in the drug database pursuant to rules adopted under	1759
section 4729.84 of the Revised Code, the state dental board shall	1760
adopt rules ~~in accordance with Chapter 119. of the Revised Code~~	1761
that establish standards and procedures to be followed by a	1762
dentist regarding the review of patient information available	1763
through the drug database under division (A)(5) of section 4729.80	1764
of the Revised Code. The rules shall be adopted in accordance with	1765
Chapter 119. of the Revised Code.	1766

~~(C)~~(E) This section and the rules adopted under it do not	1767
apply if the state board of pharmacy no longer maintains the drug	1768
database.	1769

Sec. 4723.28. (A) The board of nursing, by a vote of a	1770
quorum, may impose one or more of the following sanctions if it	1771
finds that a person committed fraud in passing an examination	1772
required to obtain a license, certificate of authority, or	1773
dialysis technician certificate issued by the board or to have	1774
committed fraud, misrepresentation, or deception in applying for	1775
or securing any nursing license, certificate of authority, or	1776
dialysis technician certificate issued by the board: deny, revoke,	1777
suspend, or place restrictions on any nursing license, certificate	1778
of authority, or dialysis technician certificate issued by the	1779
board; reprimand or otherwise discipline a holder of a nursing	1780
license, certificate of authority, or dialysis technician	1781
certificate; or impose a fine of not more than five hundred	1782
dollars per violation.	1783

(B) The board of nursing, by a vote of a quorum, may impose	1784
one or more of the following sanctions: deny, revoke, suspend, or	1785
place restrictions on any nursing license, certificate of	1786
authority, or dialysis technician certificate issued by the board;	1787
reprimand or otherwise discipline a holder of a nursing license,	1788
certificate of authority, or dialysis technician certificate; or	1789
impose a fine of not more than five hundred dollars per violation.	1790
The sanctions may be imposed for any of the following:	1791

(1) Denial, revocation, suspension, or restriction of	1792
authority to engage in a licensed profession or practice a health	1793
care occupation, including nursing or practice as a dialysis	1794
technician, for any reason other than a failure to renew, in Ohio	1795
or another state or jurisdiction;	1796

(2) Engaging in the practice of nursing or engaging in	1797
practice as a dialysis technician, having failed to renew a	1798
nursing license or dialysis technician certificate issued under	1799
this chapter, or while a nursing license or dialysis technician	1800
certificate is under suspension;	1801

(3) Conviction of, a plea of guilty to, a judicial finding of	1802
guilt of, a judicial finding of guilt resulting from a plea of no	1803
contest to, or a judicial finding of eligibility for a pretrial	1804
diversion or similar program or for intervention in lieu of	1805
conviction for, a misdemeanor committed in the course of practice;	1806

(4) Conviction of, a plea of guilty to, a judicial finding of	1807
guilt of, a judicial finding of guilt resulting from a plea of no	1808
contest to, or a judicial finding of eligibility for a pretrial	1809
diversion or similar program or for intervention in lieu of	1810
conviction for, any felony or of any crime involving gross	1811
immorality or moral turpitude;	1812

(5) Selling, giving away, or administering drugs or	1813
therapeutic devices for other than legal and legitimate	1814
therapeutic purposes; or conviction of, a plea of guilty to, a	1815
judicial finding of guilt of, a judicial finding of guilt	1816
resulting from a plea of no contest to, or a judicial finding of	1817
eligibility for a pretrial diversion or similar program or for	1818
intervention in lieu of conviction for, violating any municipal,	1819
state, county, or federal drug law;	1820

(6) Conviction of, a plea of guilty to, a judicial finding of	1821
guilt of, a judicial finding of guilt resulting from a plea of no	1822
contest to, or a judicial finding of eligibility for a pretrial	1823
diversion or similar program or for intervention in lieu of	1824
conviction for, an act in another jurisdiction that would	1825
constitute a felony or a crime of moral turpitude in Ohio;	1826

(7) Conviction of, a plea of guilty to, a judicial finding of	1827
guilt of, a judicial finding of guilt resulting from a plea of no	1828
contest to, or a judicial finding of eligibility for a pretrial	1829
diversion or similar program or for intervention in lieu of	1830
conviction for, an act in the course of practice in another	1831
jurisdiction that would constitute a misdemeanor in Ohio;	1832

(8) Self-administering or otherwise taking into the body any	1833
dangerous drug, as defined in section 4729.01 of the Revised Code,	1834
in any way that is not in accordance with a legal, valid	1835
prescription issued for that individual, or self-administering or	1836
otherwise taking into the body any drug that is a schedule I	1837
controlled substance;	1838

(9) Habitual or excessive use of controlled substances, other	1839
habit-forming drugs, or alcohol or other chemical substances to an	1840
extent that impairs the individual's ability to provide safe	1841
nursing care or safe dialysis care;	1842

(10) Impairment of the ability to practice according to	1843
acceptable and prevailing standards of safe nursing care or safe	1844
dialysis care because of the use of drugs, alcohol, or other	1845
chemical substances;	1846

(11) Impairment of the ability to practice according to	1847
acceptable and prevailing standards of safe nursing care or safe	1848
dialysis care because of a physical or mental disability;	1849

(12) Assaulting or causing harm to a patient or depriving a	1850
patient of the means to summon assistance;	1851

(13) Misappropriation or attempted misappropriation of money	1852
or anything of value in the course of practice;	1853

(14) Adjudication by a probate court of being mentally ill or	1854
mentally incompetent. The board may reinstate the person's nursing	1855
license or dialysis technician certificate upon adjudication by a	1856
probate court of the person's restoration to competency or upon	1857
submission to the board of other proof of competency.	1858

(15) The suspension or termination of employment by the	1859
department of defense or the veterans administration of the United	1860
States for any act that violates or would violate this chapter;	1861

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

1862

(17) Violation of any restrictions placed by the board on a	1863
nursing license or dialysis technician certificate;	1864

(18) Failure to use universal and standard precautions	1865
established by rules adopted under section 4723.07 of the Revised	1866
Code;	1867

(19) Failure to practice in accordance with acceptable and	1868
prevailing standards of safe nursing care or safe dialysis care;	1869

(20) In the case of a registered nurse, engaging in	1870
activities that exceed the practice of nursing as a registered	1871
nurse;	1872

(21) In the case of a licensed practical nurse, engaging in	1873
activities that exceed the practice of nursing as a licensed	1874
practical nurse;	1875

(22) In the case of a dialysis technician, engaging in	1876
activities that exceed those permitted under section 4723.72 of	1877
the Revised Code;	1878

(23) Aiding and abetting a person in that person's practice	1879
of nursing without a license or practice as a dialysis technician	1880
without a certificate issued under this chapter;	1881

(24) In the case of a certified registered nurse anesthetist,	1882
clinical nurse specialist, certified nurse-midwife, or certified	1883
nurse practitioner, except as provided in division (M) of this	1884
section, either of the following:	1885

(a) Waiving the payment of all or any part of a deductible or	1886
copayment that a patient, pursuant to a health insurance or health	1887
care policy, contract, or plan that covers such nursing services,	1888
would otherwise be required to pay if the waiver is used as an	1889
enticement to a patient or group of patients to receive health	1890
care services from that provider;	1891

(b) Advertising that the nurse will waive the payment of all	1892
or any part of a deductible or copayment that a patient, pursuant	1893
to a health insurance or health care policy, contract, or plan	1894
that covers such nursing services, would otherwise be required to	1895
pay.	1896

(25) Failure to comply with the terms and conditions of	1897
participation in the chemical dependency monitoring program	1898
established under section 4723.35 of the Revised Code;	1899

(26) Failure to comply with the terms and conditions required	1900
under the practice intervention and improvement program	1901
established under section 4723.282 of the Revised Code;	1902

(27) In the case of a certified registered nurse anesthetist,	1903
clinical nurse specialist, certified nurse-midwife, or certified	1904
nurse practitioner:	1905

(a) Engaging in activities that exceed those permitted for	1906
the nurse's nursing specialty under section 4723.43 of the Revised	1907
Code;	1908

(b) Failure to meet the quality assurance standards	1909
established under section 4723.07 of the Revised Code.	1910

(28) In the case of a clinical nurse specialist, certified	1911
nurse-midwife, or certified nurse practitioner, failure to	1912
maintain a standard care arrangement in accordance with section	1913
4723.431 of the Revised Code or to practice in accordance with the	1914
standard care arrangement;	1915

(29) In the case of a clinical nurse specialist, certified	1916
nurse-midwife, or certified nurse practitioner who holds a	1917
certificate to prescribe issued under section 4723.48 of the	1918
Revised Code, failure to prescribe drugs and therapeutic devices	1919
in accordance with section 4723.481 of the Revised Code;	1920

(30) Prescribing any drug or device to perform or induce an	1921
abortion, or otherwise performing or inducing an abortion;	1922

(31) Failure to establish and maintain professional	1923
boundaries with a patient, as specified in rules adopted under	1924
section 4723.07 of the Revised Code;	1925

(32) Regardless of whether the contact or verbal behavior is	1926
consensual, engaging with a patient other than the spouse of the	1927
registered nurse, licensed practical nurse, or dialysis technician	1928
in any of the following:	1929

(a) Sexual contact, as defined in section 2907.01 of the	1930
Revised Code;	1931

(b) Verbal behavior that is sexually demeaning to the patient	1932
or may be reasonably interpreted by the patient as sexually	1933
demeaning.	1934

(33) Assisting suicide as defined in section 3795.01 of the	1935
Revised Code;	1936

(34) Failure to comply with section 4723.487 of the Revised	1937
Code, unless the state board of pharmacy no longer maintains a	1938
drug database pursuant to section 4729.75 of the Revised Code.	1939

(C) Disciplinary actions taken by the board under divisions	1940
(A) and (B) of this section shall be taken pursuant to an	1941
adjudication conducted under Chapter 119. of the Revised Code,	1942
except that in lieu of a hearing, the board may enter into a	1943
consent agreement with an individual to resolve an allegation of a	1944
violation of this chapter or any rule adopted under it. A consent	1945
agreement, when ratified by a vote of a quorum, shall constitute	1946
the findings and order of the board with respect to the matter	1947
addressed in the agreement. If the board refuses to ratify a	1948
consent agreement, the admissions and findings contained in the	1949
agreement shall be of no effect.	1950

(D) The hearings of the board shall be conducted in	1951
accordance with Chapter 119. of the Revised Code, the board may	1952
appoint a hearing examiner, as provided in section 119.09 of the	1953
Revised Code, to conduct any hearing the board is authorized to	1954
hold under Chapter 119. of the Revised Code.	1955

In any instance in which the board is required under Chapter	1956
119. of the Revised Code to give notice of an opportunity for a	1957
hearing and the applicant, licensee, or certificate holder does	1958
not make a timely request for a hearing in accordance with section	1959
119.07 of the Revised Code, the board is not required to hold a	1960
hearing, but may adopt, by a vote of a quorum, a final order that	1961
contains the board's findings. In the final order, the board may	1962
order any of the sanctions listed in division (A) or (B) of this	1963
section.	1964

(E) If a criminal action is brought against a registered	1965
nurse, licensed practical nurse, or dialysis technician for an act	1966
or crime described in divisions (B)(3) to (7) of this section and	1967
the action is dismissed by the trial court other than on the	1968
merits, the board shall conduct an adjudication to determine	1969
whether the registered nurse, licensed practical nurse, or	1970
dialysis technician committed the act on which the action was	1971
based. If the board determines on the basis of the adjudication	1972
that the registered nurse, licensed practical nurse, or dialysis	1973
technician committed the act, or if the registered nurse, licensed	1974
practical nurse, or dialysis technician fails to participate in	1975
the adjudication, the board may take action as though the	1976
registered nurse, licensed practical nurse, or dialysis technician	1977
had been convicted of the act.	1978

If the board takes action on the basis of a conviction, plea,	1979
or a judicial finding as described in divisions (B)(3) to (7) of	1980
this section that is overturned on appeal, the registered nurse,	1981
licensed practical nurse, or dialysis technician may, on	1982
exhaustion of the appeal process, petition the board for	1983
reconsideration of its action. On receipt of the petition and	1984
supporting court documents, the board shall temporarily rescind	1985
its action. If the board determines that the decision on appeal	1986
was a decision on the merits, it shall permanently rescind its	1987
action. If the board determines that the decision on appeal was	1988
not a decision on the merits, it shall conduct an adjudication to	1989
determine whether the registered nurse, licensed practical nurse,	1990
or dialysis technician committed the act on which the original	1991
conviction, plea, or judicial finding was based. If the board	1992
determines on the basis of the adjudication that the registered	1993
nurse, licensed practical nurse, or dialysis technician committed	1994
such act, or if the registered nurse, licensed practical nurse, or	1995
dialysis technician does not request an adjudication, the board	1996
shall reinstate its action; otherwise, the board shall permanently	1997
rescind its action.	1998

Notwithstanding the provision of division (C)(2) of section	1999
2953.32 of the Revised Code specifying that if records pertaining	2000
to a criminal case are sealed under that section the proceedings	2001
in the case shall be deemed not to have occurred, sealing of the	2002
following records on which the board has based an action under	2003
this section shall have no effect on the board's action or any	2004
sanction imposed by the board under this section: records of any	2005
conviction, guilty plea, judicial finding of guilt resulting from	2006
a plea of no contest, or a judicial finding of eligibility for a	2007
pretrial diversion program or intervention in lieu of conviction.	2008

The board shall not be required to seal, destroy, redact, or	2009
otherwise modify its records to reflect the court's sealing of	2010
conviction records.	2011

(F) The board may investigate an individual's criminal	2012
background in performing its duties under this section. As part of	2013
such investigation, the board may order the individual to submit,	2014
at the individual's expense, a request to the bureau of criminal	2015
identification and investigation for a criminal records check and	2016
check of federal bureau of investigation records in accordance	2017
with the procedure described in section 4723.091 of the Revised	2018
Code.	2019

(G) During the course of an investigation conducted under	2020
this section, the board may compel any registered nurse, licensed	2021
practical nurse, or dialysis technician or applicant under this	2022
chapter to submit to a mental or physical examination, or both, as	2023
required by the board and at the expense of the individual, if the	2024
board finds reason to believe that the individual under	2025
investigation may have a physical or mental impairment that may	2026
affect the individual's ability to provide safe nursing care.	2027
Failure of any individual to submit to a mental or physical	2028
examination when directed constitutes an admission of the	2029
allegations, unless the failure is due to circumstances beyond the	2030
individual's control, and a default and final order may be entered	2031
without the taking of testimony or presentation of evidence.	2032

If the board finds that an individual is impaired, the board	2033
shall require the individual to submit to care, counseling, or	2034
treatment approved or designated by the board, as a condition for	2035
initial, continued, reinstated, or renewed authority to practice.	2036
The individual shall be afforded an opportunity to demonstrate to	2037
the board that the individual can begin or resume the individual's	2038
occupation in compliance with acceptable and prevailing standards	2039
of care under the provisions of the individual's authority to	2040
practice.	2041

For purposes of this division, any registered nurse, licensed	2042
practical nurse, or dialysis technician or applicant under this	2043
chapter shall be deemed to have given consent to submit to a	2044
mental or physical examination when directed to do so in writing	2045
by the board, and to have waived all objections to the	2046
admissibility of testimony or examination reports that constitute	2047
a privileged communication.	2048

(H) The board shall investigate evidence that appears to show	2049
that any person has violated any provision of this chapter or any	2050
rule of the board. Any person may report to the board any	2051
information the person may have that appears to show a violation	2052
of any provision of this chapter or rule of the board. In the	2053
absence of bad faith, any person who reports such information or	2054
who testifies before the board in any adjudication conducted under	2055
Chapter 119. of the Revised Code shall not be liable for civil	2056
damages as a result of the report or testimony.	2057

(I) All of the following apply under this chapter with	2058
respect to the confidentiality of information:	2059

(1) Information received by the board pursuant to a complaint	2060
or an investigation is confidential and not subject to discovery	2061
in any civil action, except that the board may disclose	2062
information to law enforcement officers and government entities	2063
for purposes of an investigation of either a licensed health care	2064
professional, including a registered nurse, licensed practical	2065
nurse, or dialysis technician, or a person who may have engaged in	2066
the unauthorized practice of nursing or dialysis care. No law	2067
enforcement officer or government entity with knowledge of any	2068
information disclosed by the board pursuant to this division shall	2069
divulge the information to any other person or government entity	2070
except for the purpose of a government investigation, a	2071
prosecution, or an adjudication by a court or government entity.	2072

(2) If an investigation requires a review of patient records,	2073
the investigation and proceeding shall be conducted in such a	2074
manner as to protect patient confidentiality.	2075

(3) All adjudications and investigations of the board shall	2076
be considered civil actions for the purposes of section 2305.252	2077
of the Revised Code.	2078

(4) Any board activity that involves continued monitoring of	2079
an individual as part of or following any disciplinary action	2080
taken under this section shall be conducted in a manner that	2081
maintains the individual's confidentiality. Information received	2082
or maintained by the board with respect to the board's monitoring	2083
activities is not subject to discovery in any civil action and is	2084
confidential, except that the board may disclose information to	2085
law enforcement officers and government entities for purposes of	2086
an investigation of a licensee or certificate holder.	2087

(J) Any action taken by the board under this section	2088
resulting in a suspension from practice shall be accompanied by a	2089
written statement of the conditions under which the person may be	2090
reinstated to practice.	2091

(K) When the board refuses to grant a license or certificate	2092
to an applicant, revokes a license or certificate, or refuses to	2093
reinstate a license or certificate, the board may specify that its	2094
action is permanent. An individual subject to permanent action	2095
taken by the board is forever ineligible to hold a license or	2096
certificate of the type that was refused or revoked and the board	2097
shall not accept from the individual an application for	2098
reinstatement of the license or certificate or for a new license	2099
or certificate.	2100

(L) No unilateral surrender of a nursing license, certificate	2101
of authority, or dialysis technician certificate issued under this	2102
chapter shall be effective unless accepted by majority vote of the	2103
board. No application for a nursing license, certificate of	2104
authority, or dialysis technician certificate issued under this	2105
chapter may be withdrawn without a majority vote of the board. The	2106
board's jurisdiction to take disciplinary action under this	2107
section is not removed or limited when an individual has a license	2108
or certificate classified as inactive or fails to renew a license	2109
or certificate.	2110

(M) Sanctions shall not be imposed under division (B)(24) of	2111
this section against any licensee who waives deductibles and	2112
copayments as follows:	2113

(1) In compliance with the health benefit plan that expressly	2114
allows such a practice. Waiver of the deductibles or copayments	2115
shall be made only with the full knowledge and consent of the plan	2116
purchaser, payer, and third-party administrator. Documentation of	2117
the consent shall be made available to the board upon request.	2118

(2) For professional services rendered to any other person	2119
licensed pursuant to this chapter to the extent allowed by this	2120
chapter and the rules of the board.	2121

Sec. 4723.283. (A) For the initial violation of section	2122
3719.061 of the Revised Code by a clinical nurse specialist,	2123
certified nurse-midwife, or certified nurse practitioner, the	2124
board of nursing, by a vote of a quorum, may impose a fine not to	2125
exceed twenty thousand dollars. For each subsequent violation of	2126
that section, the board, by a vote of a quorum, may impose an	2127
additional fine not to exceed twenty thousand dollars; suspend for	2128
not less than six months the nurse's license to practice as a	2129
registered nurse, certificate of authority, and certificate to	2130
prescribe; or both.	2131

(B) Disciplinary action under this section shall be taken	2132
pursuant to an adjudication conducted under Chapter 119. of the	2133
Revised Code.	2134

When investigating or conducting a hearing on an alleged	2135
violation of section 3719.061 of the Revised Code, the board may	2136
take any action it is authorized to take under division (D), (F),	2137
or (G) of section 4723.28 of the Revised Code.	2138

Sec. 4723.481. This section establishes standards and	2139
conditions regarding the authority of a clinical nurse specialist,	2140
certified nurse-midwife, or certified nurse practitioner to	2141
prescribe drugs and therapeutic devices under a certificate to	2142
prescribe issued under section 4723.48 of the Revised Code.	2143

(A) A clinical nurse specialist, certified nurse-midwife, or	2144
certified nurse practitioner shall not prescribe any drug or	2145
therapeutic device that is not included in the types of drugs and	2146
devices listed on the formulary established in rules adopted under	2147
section 4723.50 of the Revised Code.	2148

(B) The prescriptive authority of a clinical nurse	2149
specialist, certified nurse-midwife, or certified nurse	2150
practitioner shall not exceed the prescriptive authority of the	2151
collaborating physician or podiatrist, including the collaborating	2152
physician's authority to treat chronic pain with controlled	2153
substances and products containing tramadol as described in	2154
section 4731.052 of the Revised Code.	2155

(C)(1) Except as provided in division (C)(2) or (3) of this	2156
section, a clinical nurse specialist, certified nurse-midwife, or	2157
certified nurse practitioner may prescribe to a patient a schedule	2158
II controlled substance only if all of the following are the case:	2159

(a) The patient has a terminal condition, as defined in	2160
section 2133.01 of the Revised Code.	2161

(b) The collaborating physician of the clinical nurse	2162
specialist, certified nurse-midwife, or certified nurse	2163
practitioner initially prescribed the substance for the patient.	2164

(c) The prescription is for an amount that does not exceed	2165
the amount necessary for the patient's use in a single,	2166
twenty-four-hour period.	2167

(2) The restrictions on prescriptive authority in division	2168
(C)(1) of this section do not apply if a clinical nurse	2169
specialist, certified nurse-midwife, or certified nurse	2170
practitioner issues the prescription to the patient from any of	2171
the following locations:	2172

(a) A hospital registered under section 3701.07 of the	2173
Revised Code;	2174

(b) An entity owned or controlled, in whole or in part, by a	2175
hospital or by an entity that owns or controls, in whole or in	2176
part, one or more hospitals;	2177

(c) A health care facility operated by the department of	2178
mental health and addiction services or the department of	2179
developmental disabilities;	2180

(d) A nursing home licensed under section 3721.02 of the	2181
Revised Code or by a political subdivision certified under section	2182
3721.09 of the Revised Code;	2183

(e) A county home or district home operated under Chapter	2184
5155. of the Revised Code that is certified under the medicare or	2185
medicaid program;	2186

(f) A hospice care program, as defined in section 3712.01 of	2187
the Revised Code;	2188

(g) A community mental health services provider, as defined	2189
in section 5122.01 of the Revised Code;	2190

(h) An ambulatory surgical facility, as defined in section	2191
3702.30 of the Revised Code;	2192

(i) A freestanding birthing center, as defined in section	2193
3702.141 of the Revised Code;	2194

(j) A federally qualified health center, as defined in	2195
section 3701.047 of the Revised Code;	2196

(k) A federally qualified health center look-alike, as	2197
defined in section 3701.047 of the Revised Code;	2198

(l) A health care office or facility operated by the board of	2199
health of a city or general health district or the authority	2200
having the duties of a board of health under section 3709.05 of	2201
the Revised Code;	2202

(m) A site where a medical practice is operated, but only if	2203
the practice is comprised of one or more physicians who also are	2204
owners of the practice; the practice is organized to provide	2205
direct patient care; and the clinical nurse specialist, certified	2206
nurse-midwife, or certified nurse practitioner providing services	2207
at the site has a standard care arrangement and collaborates with	2208
at least one of the physician owners who practices primarily at	2209
that site.	2210

(3) A clinical nurse specialist, certified nurse-midwife, or	2211
certified nurse practitioner shall not issue to a patient a	2212
prescription for a schedule II controlled substance from a	2213
convenience care clinic even if the clinic is owned or operated by	2214
an entity specified in division (C)(2) of this section.	2215

(D) A pharmacist who acts in good faith reliance on a	2216
prescription issued by a clinical nurse specialist, certified	2217
nurse-midwife, or certified nurse practitioner under division	2218
(C)(2) of this section is not liable for or subject to any of the	2219
following for relying on the prescription: damages in any civil	2220
action, prosecution in any criminal proceeding, or professional	2221
disciplinary action by the state board of pharmacy under Chapter	2222
4729. of the Revised Code.	2223

(E) A clinical nurse specialist, certified nurse-midwife, or	2224
certified nurse practitioner may personally furnish to a patient a	2225
sample of any drug or therapeutic device included in the types of	2226
drugs and devices listed on the formulary, except that all of the	2227
following conditions apply:	2228

(1) The amount of the sample furnished shall not exceed a	2229
seventy-two-hour supply, except when the minimum available	2230
quantity of the sample is packaged in an amount that is greater	2231
than a seventy-two-hour supply, in which case the packaged amount	2232
may be furnished.	2233

(2) No charge may be imposed for the sample or for furnishing	2234
it.	2235

(3) Samples of controlled substances may not be personally	2236
furnished.	2237

(F) A clinical nurse specialist, certified nurse-midwife, or	2238
certified nurse practitioner may personally furnish to a patient a	2239
complete or partial supply of a drug or therapeutic device	2240
included in the types of drugs and devices listed on the	2241
formulary, except that all of the following conditions apply:	2242

(1) The clinical nurse specialist, certified nurse-midwife,	2243
or certified nurse practitioner shall personally furnish only	2244
antibiotics, antifungals, scabicides, contraceptives, prenatal	2245
vitamins, antihypertensives, drugs and devices used in the	2246
treatment of diabetes, drugs and devices used in the treatment of	2247
asthma, and drugs used in the treatment of dyslipidemia.	2248

(2) The clinical nurse specialist, certified nurse-midwife,	2249
or certified nurse practitioner shall not furnish the drugs and	2250
devices in locations other than a health department operated by	2251
the board of health of a city or general health district or the	2252
authority having the duties of a board of health under section	2253
3709.05 of the Revised Code, a federally funded comprehensive	2254
primary care clinic, or a nonprofit health care clinic or program.	2255

(3) The clinical nurse specialist, certified nurse-midwife,	2256
or certified nurse practitioner shall comply with all safety	2257
standards for personally furnishing supplies of drugs and devices,	2258
as established in rules adopted under section 4723.50 of the	2259
Revised Code.	2260

(G) A clinical nurse specialist, certified nurse-midwife, or	2261
certified nurse practitioner shall comply with section 3719.061 of	2262
the Revised Code if the nurse prescribes a controlled substance	2263
that contains an opioid to a minor, as defined in that section.	2264

Sec. 4723.486. (A) A certificate to prescribe issued under	2265
section 4723.48 of the Revised Code that is not issued as an	2266
externship certificate is valid for two years, unless otherwise	2267
provided in rules adopted under section 4723.50 of the Revised	2268
Code or earlier suspended or revoked by the board. The board of	2269
nursing shall renew certificates to prescribe according to	2270
procedures and a renewal schedule established in rules adopted	2271
under section 4723.50 of the Revised Code.	2272

(B) ~~The~~Except as provided in division (C) of this section,	2273
the board may renew a certificate to prescribe if the holder	2274
submits to the board all of the following:	2275

(1) Evidence of having completed during the previous two	2276
years at least twelve hours of continuing education in advanced	2277
pharmacology, or, if the certificate has been held for less than a	2278
full renewal period, the number of hours required by the board in	2279
rules adopted under section 4723.50 of the Revised Code;	2280

(2) The fee required under section 4723.08 of the Revised	2281
Code for renewal of a certificate to prescribe;	2282

(3) Any additional information the board requires pursuant to	2283
rules adopted under section 4723.50 of the Revised Code.	2284

(C)(1) Except as provided in division (C)(2) of this section,	2285
with respect to a certificate holder who prescribes opioid	2286
analgesics or benzodiazepines as part of the holder's regular	2287
practice of nursing, the holder shall also submit to the board	2288
evidence of having been granted access to the drug database	2289
established and maintained by the state board of pharmacy pursuant	2290
to section 4729.75 of the Revised Code.	2291

(2) The requirement in division (C)(1) of this section does	2292
not apply if either of the following is the case:	2293

(a) The state board of pharmacy notifies the board of nursing	2294
pursuant to section 4729.861 of the Revised Code that the	2295
certificate holder has been restricted from obtaining further	2296
information from the drug database.	2297

(b) The state board of pharmacy no longer maintains the drug	2298
database.	2299

(D) The continuing education in pharmacology required under	2300
division (B)(1) of this section must be received from an	2301
accredited institution recognized by the board. The hours of	2302
continuing education required are in addition to any other	2303
continuing education requirement that must be completed pursuant	2304
to this chapter.	2305

Sec. 4723.487. (A) As used in this section, "drug database"	2306
means the database established and maintained by the state board	2307
of pharmacy pursuant to section 4729.75 of the Revised Code.	2308

(B) ~~The~~Except as provided in divisions (C) and (E) of this	2309
section, an advanced practice registered nurse holding a	2310
certificate to prescribe issued under this chapter shall comply	2311
with all of the following as conditions of prescribing a drug that	2312
is either an opioid analgesic or a benzodiazepine as part of a	2313
patient's course of treatment for a particular condition:	2314

(1) Before initially prescribing the drug, the nurse or the	2315
nurse's delegate shall request from the drug database a report of	2316
information related to the patient that covers at least the twelve	2317
months immediately preceding the date of the request. If the nurse	2318
practices primarily in a county of this state that adjoins another	2319
state, the nurse or delegate also shall request a report of any	2320
information available in the drug database that pertains to	2321
prescriptions issued or drugs furnished to the patient in the	2322
state adjoining that county.	2323

(2) If the patient's course of treatment for the condition	2324
continues for more than ninety days after the initial report is	2325
requested, the nurse or delegate shall make periodic requests for	2326
reports of information from the drug database until the course of	2327
treatment has ended. The requests shall be made at intervals not	2328
exceeding ninety days, determined according to the date the	2329
initial request was made. The request shall be made in the same	2330
manner provided in division (B)(1) of this section for requesting	2331
the initial report of information from the drug database.	2332

(3) On receipt of a report under division (B)(1) or (2) of	2333
this section, the nurse shall assess the information in the	2334
report. The nurse shall document in the patient's record that the	2335
report was received and the information was assessed.	2336

(C) Division (B) of this section does not apply if in any of	2337
the following circumstances:	2338

(1) A drug database report regarding the patient is not	2339
available, in which case the nurse shall document in the patient's	2340
record the reason that the report is not available.	2341

(2) The drug is prescribed in an amount indicated for a	2342
period not to exceed seven days.	2343

(3) The drug is prescribed for the treatment of cancer or	2344
another condition associated with cancer.	2345

(4) The drug is prescribed to a hospice patient in a hospice	2346
care program, as those terms are defined in section 3712.01 of the	2347
Revised Code, or any other patient diagnosed as terminally ill.	2348

(5) The drug is prescribed for administration in a hospital,	2349
nursing home, or residential care facility.	2350

(D) With respect to prescribing any drug that is not an	2351
opioid analgesic or a benzodiazepine but is included in the drug	2352
database pursuant to rules adopted under section 4729.84 of the	2353
Revised Code, the board of nursing shall adopt rules ~~in accordance~~	2354
~~with Chapter 119. of the Revised Code~~ that establish standards and	2355
procedures to be followed by an advanced practice registered nurse	2356
with a certificate to prescribe issued under section 4723.48 of	2357
the Revised Code regarding the review of patient information	2358
available through the drug database under division (A)(5) of	2359
section 4729.80 of the Revised Code. The rules shall be adopted in	2360
accordance with Chapter 119. of the Revised Code.	2361

~~(C)~~(E) This section and the rules adopted under it do not	2362
apply if the state board of pharmacy no longer maintains the drug	2363
database.	2364

Sec. 4725.092. (A) As used in this section, "drug database"	2365
means the database established and maintained by the state board	2366
of pharmacy pursuant to section 4729.75 of the Revised Code.	2367

(B) ~~The~~Except as provided in divisions (C) and (E) of this	2368
section, an optometrist holding a therapeutic pharmaceutical	2369
agents certificate shall comply with all of the following as	2370
conditions of prescribing a drug that is either an opioid	2371
analgesic or a benzodiazepine, or personally furnishing a complete	2372
or partial supply of such a drug, as part of a patient's course of	2373
treatment for a particular condition:	2374

(1) Before initially prescribing or furnishing the drug, the	2375
optometrist or the optometrist's delegate shall request from the	2376
drug database a report of information related to the patient that	2377
covers at least the twelve months immediately preceding the date	2378
of the request. If the optometrist practices primarily in a county	2379
of this state that adjoins another state, the optometrist or	2380
delegate also shall request a report of any information available	2381
in the drug database that pertains to prescriptions issued or	2382
drugs furnished to the patient in the state adjoining that county.	2383

(2) If the patient's course of treatment for the condition	2384
continues for more than ninety days after the initial report is	2385
requested, the optometrist or delegate shall make periodic	2386
requests for reports of information from the drug database until	2387
the course of treatment has ended. The requests shall be made at	2388
intervals not exceeding ninety days, determined according to the	2389
date the initial request was made. The request shall be made in	2390
the same manner provided in division (B)(1) of this section for	2391
requesting the initial report of information from the drug	2392
database.	2393

(3) On receipt of a report under division (B)(1) or (2) of	2394
this section, the optometrist shall assess the information in the	2395
report. The optometrist shall document in the patient's record	2396
that the report was received and the information was assessed.	2397

(C)(1) Division (B) of this section does not apply if a drug	2398
database report regarding the patient is not available. In this	2399
event, the optometrist shall document in the patient's record the	2400
reason that the report is not available.	2401

(2) Division (B) of this section does not apply if the drug	2402
is prescribed or personally furnished in an amount indicated for a	2403
period not to exceed seven days.	2404

(D) With respect to prescribing or personally furnishing any	2405
drug that is not an opioid analgesic or a benzodiazepine but is	2406
included in the drug database pursuant to rules adopted under	2407
section 4729.84 of the Revised Code, the state board of optometry	2408
shall adopt rules ~~in accordance with Chapter 119. of the Revised~~	2409
~~Code~~ that establish standards and procedures to be followed by an	2410
optometrist who holds a therapeutic pharmaceutical agents	2411
certificate regarding the review of patient information available	2412
through the drug database under division (A)(5) of section 4729.80	2413
of the Revised Code. The rules shall be adopted in accordance with	2414
Chapter 119. of the Revised Code.	2415

~~(C)~~(E) This section and the rules adopted under it do not	2416
apply if the state board of pharmacy no longer maintains the drug	2417
database.	2418

Sec. 4725.16. (A)(1) Each certificate of licensure, topical	2419
ocular pharmaceutical agents certificate, and therapeutic	2420
pharmaceutical agents certificate issued by the state board of	2421
optometry shall expire annually on the last day of December, and	2422
may be renewed in accordance with this section and the standard	2423
renewal procedure established under Chapter 4745. of the Revised	2424
Code.	2425

(2) An optometrist seeking to continue to practice optometry	2426
shall file with the board an application for license renewal. The	2427
application shall be in such form and require such pertinent	2428
professional biographical data as the board may require.	2429

(3)(a) Except as provided in division (A)(3)(b) of this	2430
section, in the case of an optometrist who holds a topical ocular	2431
pharmaceutical agents certificate and who prescribes or personally	2432
furnishes opioid analgesics or benzodiazepines as part of the	2433
holder's regular practice of optometry, the application shall also	2434
include evidence that the optometrist has been granted access to	2435
the drug database established and maintained by the state board of	2436
pharmacy pursuant to section 4729.75 of the Revised Code.	2437

(b) The requirement in division (A)(3)(a) of this section	2438
does not apply if either of the following is the case:	2439

(i) The state board of pharmacy notifies the state board of	2440
optometry pursuant to section 4729.861 of the Revised Code that	2441
the certificate holder has been restricted from obtaining further	2442
information from the drug database.	2443

(ii) The state board of pharmacy no longer maintains the drug	2444
database.	2445

(B) All licensed optometrists shall annually complete	2446
continuing education in subjects relating to the practice of	2447
optometry, to the end that the utilization and application of new	2448
techniques, scientific and clinical advances, and the achievements	2449
of research will assure comprehensive care to the public. The	2450
board shall prescribe by rule the continuing optometric education	2451
that licensed optometrists must complete. The length of study	2452
shall be twenty-five clock hours each year, including ten clock	2453
hours of instruction in pharmacology to be completed by all	2454
licensed optometrists.	2455

Unless the continuing education required under this division	2456
is waived or deferred under division (D) of this section, the	2457
continuing education must be completed during the twelve-month	2458
period beginning on the first day of October and ending on the	2459
last day of September. If the board receives notice from a	2460
continuing education program indicating that an optometrist	2461
completed the program after the last day of September, and the	2462
optometrist wants to use the continuing education completed after	2463
that day to renew the license that expires on the last day of	2464
December of that year, the optometrist shall pay the penalty	2465
specified under section 4725.34 of the Revised Code for late	2466
completion of continuing education.	2467

At least once annually, the board shall post on its web site	2468
and shall mail, or send by electronic mail, to each licensed	2469
optometrist a list of courses approved in accordance with	2470
standards prescribed by board rule. Upon the request of a licensed	2471
optometrist, the executive director of the board shall supply a	2472
list of additional courses that the board has approved subsequent	2473
to the most recent web site posting, electronic mail transmission,	2474
or mailing of the list of approved courses.	2475

(C)(1) Annually, not later than the first day of November,	2476
the board shall mail or send by electronic mail a notice regarding	2477
license renewal to each licensed optometrist who may be eligible	2478
for renewal. The notice shall be sent to the optometrist's most	2479
recent electronic mail or mailing address shown in the board's	2480
records. If the board knows that the optometrist has completed the	2481
required continuing optometric education for the year, the board	2482
may include with the notice an application for license renewal.	2483

(2) Filing a license renewal application with the board shall	2484
serve as notice by the optometrist that the continuing optometric	2485
education requirement has been successfully completed. If the	2486
board finds that an optometrist has not completed the required	2487
continuing optometric education, the board shall disapprove the	2488
optometrist's application. The board's disapproval of renewal is	2489
effective without a hearing, unless a hearing is requested	2490
pursuant to Chapter 119. of the Revised Code.	2491

(3) The board shall refuse to accept an application for	2492
renewal from any applicant whose license is not in good standing	2493
or who is under disciplinary review pursuant to section 4725.19 of	2494
the Revised Code.	2495

(4) Notice of an applicant's failure to qualify for renewal	2496
shall be served upon the applicant by mail. The notice shall be	2497
sent not later than the fifteenth day of November to the	2498
applicant's last address shown in the board's records.	2499

(D) In cases of certified illness or undue hardship, the	2500
board may waive or defer for up to twelve months the requirement	2501
of continuing optometric education, except that in such cases the	2502
board may not waive or defer the continuing education in	2503
pharmacology required to be completed by optometrists who hold	2504
topical ocular pharmaceutical agents certificates or therapeutic	2505
pharmaceutical agents certificates. The board shall waive the	2506
requirement of continuing optometric education for any optometrist	2507
who is serving on active duty in the armed forces of the United	2508
States or a reserve component of the armed forces of the United	2509
States, including the Ohio national guard or the national guard of	2510
any other state or who has received an initial certificate of	2511
licensure during the nine-month period which ended on the last day	2512
of September.	2513

(E) An optometrist whose renewal application has been	2514
approved may renew each certificate held by paying to the	2515
treasurer of state the fees for renewal specified under section	2516
4725.34 of the Revised Code. On payment of all applicable fees,	2517
the board shall issue a renewal of the optometrist's certificate	2518
of licensure, topical ocular pharmaceutical agents certificate,	2519
and therapeutic pharmaceutical agents certificate, as appropriate.	2520

(F) Not later than the fifteenth day of December, the board	2521
shall mail or send by electronic mail a second notice regarding	2522
license renewal to each licensed optometrist who may be eligible	2523
for renewal but did not respond to the notice sent under division	2524
(C)(1) of this section. The notice shall be sent to the	2525
optometrist's most recent electronic mail or mailing address shown	2526
in the board's records. If an optometrist fails to file a renewal	2527
application after the second notice is sent, the board shall send	2528
a third notice regarding license renewal prior to any action under	2529
division (I) of this section to classify the optometrist's	2530
certificates as delinquent.	2531

(G) The failure of an optometrist to apply for license	2532
renewal or the failure to pay the applicable annual renewal fees	2533
on or before the date of expiration, shall automatically work a	2534
forfeiture of the optometrist's authority to practice optometry in	2535
this state.	2536

(H) The board shall accept renewal applications and renewal	2537
fees that are submitted from the first day of January to the last	2538
day of April of the year next succeeding the date of expiration.	2539
An individual who submits such a late renewal application or fee	2540
shall pay the late renewal fee specified in section 4725.34 of the	2541
Revised Code.	2542

(I)(1) If the certificates issued by the board to an	2543
individual have expired and the individual has not filed a	2544
complete application during the late renewal period, the	2545
individual's certificates shall be classified in the board's	2546
records as delinquent.	2547

(2) Any optometrist subject to delinquent classification may	2548
submit a written application to the board for reinstatement. For	2549
reinstatement to occur, the applicant must meet all of the	2550
following conditions:	2551

(a) Submit to the board evidence of compliance with board	2552
rules requiring continuing optometric education in a sufficient	2553
number of hours to make up for any delinquent compliance;	2554

(b) Pay the renewal fees for the year in which application	2555
for reinstatement is made and the reinstatement fee specified	2556
under division (A)(8) of section 4725.34 of the Revised Code;	2557

(c) Pass all or part of the licensing examination accepted by	2558
the board under section 4725.11 of the Revised Code as the board	2559
considers appropriate to determine whether the application for	2560
reinstatement should be approved;	2561

(d) If the applicant has been practicing optometry in another	2562
state or country, submit evidence that the applicant's license to	2563
practice optometry in the other state or country is in good	2564
standing.	2565

(3) The board shall approve an application for reinstatement	2566
if the conditions specified in division (I)(2) of this section are	2567
met. An optometrist who receives reinstatement is subject to the	2568
continuing education requirements specified under division (B) of	2569
this section for the year in which reinstatement occurs.	2570

Sec. 4725.19. (A) In accordance with Chapter 119. of the	2571
Revised Code and by an affirmative vote of a majority of its	2572
members, the state board of optometry, for any of the reasons	2573
specified in division (B) of this section, shall refuse to grant a	2574
certificate of licensure to an applicant and may, with respect to	2575
a licensed optometrist, do one or more of the following:	2576

(1) Suspend the operation of any certificate of licensure,	2577
topical ocular pharmaceutical agents certificate, or therapeutic	2578
pharmaceutical agents certificate, or all certificates granted by	2579
it to the optometrist;	2580

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

2581

(3) Limit or otherwise place restrictions on any or all of	2582
the certificates;	2583

(4) Reprimand the optometrist;

2584

(5) Impose a monetary penalty. If the reason for which the	2585
board is imposing the penalty involves a criminal offense that	2586
carries a fine under the Revised Code, the penalty shall not	2587
exceed the maximum fine that may be imposed for the criminal	2588
offense. In any other case, the penalty imposed by the board shall	2589
not exceed five hundred dollars.	2590

(6) Require the optometrist to take corrective action	2591
courses.	2592

The amount and content of corrective action courses shall be	2593
established by the board in rules adopted under section 4725.09 of	2594
the Revised Code.	2595

(B) The sanctions specified in division (A) of this section	2596
may be taken by the board for any of the following reasons:	2597

(1) Committing fraud in passing the licensing examination or	2598
making false or purposely misleading statements in an application	2599
for a certificate of licensure;	2600

(2) Being at any time guilty of immorality, regardless of the	2601
jurisdiction in which the act was committed;	2602

(3) Being guilty of dishonesty or unprofessional conduct in	2603
the practice of optometry;	2604

(4) Being at any time guilty of a felony, regardless of the	2605
jurisdiction in which the act was committed;	2606

(5) Being at any time guilty of a misdemeanor committed in	2607
the course of practice, regardless of the jurisdiction in which	2608
the act was committed;	2609

(6) Violating the conditions of any limitation or other	2610
restriction placed by the board on any certificate issued by the	2611
board;	2612

(7) Engaging in the practice of optometry as provided in	2613
division (A)(1), (2), or (3) of section 4725.01 of the Revised	2614
Code when the certificate authorizing that practice is under	2615
suspension, in which case the board shall permanently revoke the	2616
certificate;	2617

(8) Being denied a license to practice optometry in another	2618
state or country or being subject to any other sanction by the	2619
optometric licensing authority of another state or country, other	2620
than sanctions imposed for the nonpayment of fees;	2621

(9) Departing from or failing to conform to acceptable and	2622
prevailing standards of care in the practice of optometry as	2623
followed by similar practitioners under the same or similar	2624
circumstances, regardless of whether actual injury to a patient is	2625
established;	2626

(10) Failing to maintain comprehensive patient records;

2627

(11) Advertising a price of optical accessories, eye	2628
examinations, or other products or services by any means that	2629
would deceive or mislead the public;	2630

(12) Being addicted to the use of alcohol, stimulants,	2631
narcotics, or any other substance which impairs the intellect and	2632
judgment to such an extent as to hinder or diminish the	2633
performance of the duties included in the person's practice of	2634
optometry;	2635

(13) Engaging in the practice of optometry as provided in	2636
division (A)(2) or (3) of section 4725.01 of the Revised Code	2637
without authority to do so or, if authorized, in a manner	2638
inconsistent with the authority granted;	2639

(14) Failing to make a report to the board as required by	2640
division (A) of section 4725.21 or section 4725.31 of the Revised	2641
Code;	2642

(15) Soliciting patients from door to door or establishing	2643
temporary offices, in which case the board shall suspend all	2644
certificates held by the optometrist;	2645

(16) Failing to comply with section 4725.092 of the Revised	2646
Code, unless the state board of pharmacy no longer maintains a	2647
drug database pursuant to section 4729.75 of the Revised Code;	2648

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

2649

(a) Waiving the payment of all or any part of a deductible or	2650
copayment that a patient, pursuant to a health insurance or health	2651
care policy, contract, or plan that covers optometric services,	2652
would otherwise be required to pay if the waiver is used as an	2653
enticement to a patient or group of patients to receive health	2654
care services from that optometrist.	2655

(b) Advertising that the optometrist will waive the payment	2656
of all or any part of a deductible or copayment that a patient,	2657
pursuant to a health insurance or health care policy, contract, or	2658
plan that covers optometric services, would otherwise be required	2659
to pay.	2660

(C) Any person who is the holder of a certificate of	2661
licensure, or who is an applicant for a certificate of licensure	2662
against whom is preferred any charges, shall be furnished by the	2663
board with a copy of the complaint and shall have a hearing before	2664
the board in accordance with Chapter 119. of the Revised Code.	2665

(D) Sanctions shall not be imposed under division (B)~~(16)~~(17)	2666
of this section against any optometrist who waives deductibles and	2667
copayments:	2668

(1) In compliance with the health benefit plan that expressly	2669
allows such a practice. Waiver of the deductibles or copayments	2670
shall be made only with the full knowledge and consent of the plan	2671
purchaser, payer, and third-party administrator. Documentation of	2672
the consent shall be made available to the board upon request.	2673

(2) For professional services rendered to any other	2674
optometrist licensed by the board, to the extent allowed by	2675
sections 4725.01 to 4725.34 of the Revised Code and the rules of	2676
the board.	2677

Sec. 4725.191. (A) For the initial violation of section	2678
3719.061 of the Revised Code by an optometrist, the state board of	2679
optometry, by an affirmative vote of not fewer than six members,	2680
may impose a fine not to exceed twenty thousand dollars. For each	2681
subsequent violation of that section, the board, by an affirmative	2682
vote of not fewer than six members, may impose an additional fine	2683
not to exceed twenty thousand dollars, suspend for not less than	2684
six months the operation of the optometrist's certificate of	2685
licensure and therapeutic pharmaceutical agents certificate, or	2686
both.	2687

(B) Disciplinary action under this section shall be taken	2688
pursuant to an adjudication conducted under Chapter 119. of the	2689
Revised Code.	2690

Sec. 4729.12. An identification card issued by the state	2691
board of pharmacy under section 4729.08 of the Revised Code	2692
entitles the individual to whom it is issued to practice as a	2693
pharmacist or as a pharmacy intern in this state until the next	2694
annual renewal date.	2695

Identification cards shall be renewed annually on the	2696
fifteenth day of September, according to the standard renewal	2697
procedure of Chapter 4745. of the Revised Code.	2698

Each pharmacist and pharmacy intern shall carry the	2699
identification card or renewal identification card while engaged	2700
in the practice of pharmacy. The license shall be conspicuously	2701
exposed at the principal place where the pharmacist or pharmacy	2702
intern practices pharmacy.	2703

A pharmacist or pharmacy intern who desires to continue in	2704
the practice of pharmacy shall file with the board an application	2705
in such form and containing such data as the board may require for	2706
renewal of an identification card. An application filed under this	2707
section may not be withdrawn without the approval of the board. If	2708
the board finds that the applicant's card has not been revoked or	2709
placed under suspension and that the applicant has paid the	2710
renewal fee, has continued pharmacy education in accordance with	2711
the rules of the board, has been granted access to the drug	2712
database established and maintained by the board pursuant to	2713
section 4729.75 of the Revised Code (unless the board has	2714
restricted the applicant from obtaining any further information	2715
from the database or the board no longer maintains the database),	2716
and is entitled to continue in the practice of pharmacy, the board	2717
shall issue a renewal identification card to the applicant.	2718

When an identification card has lapsed for more than sixty	2719
days but application is made within three years after the	2720
expiration of the card, the applicant shall be issued a renewal	2721
identification card without further examination if the applicant	2722
meets the requirements of this section and pays the fee designated	2723
under division (E) of section 4729.15 of the Revised Code.	2724

Sec. 4729.75. (A) The state board of pharmacy may establish	2725
and maintain a drug database. The board shall use the drug	2726
database to monitor the misuse and diversion of controlled	2727
substances, as defined in section 3719.01 of the Revised Code, and	2728
other dangerous drugs the board includes in the database pursuant	2729
to rules adopted under section 4729.84 of the Revised Code. In	2730
establishing and maintaining the database, the board shall	2731
electronically collect information pursuant to sections 4729.77	2732
and 4729.79 of the Revised Code and shall disseminate information	2733
as authorized or required by sections 4729.80 and 4729.81 of the	2734
Revised Code. The board's collection and dissemination of	2735
information shall be conducted in accordance with rules adopted	2736
under section 4729.84 of the Revised Code.	2737

(B) In addition to using the drug database as provided in	2738
division (A) of this section, the board may use the database for	2739
the collection of other health information to be transmitted to	2740
the department of health in accordance with section 4729.87 of the	2741
Revised Code.	2742

(C) Sections 4729.76 to 4729.86 and 4729.861 of the Revised	2743
Code apply only to the use of the drug database as provided in	2744
division (A) of this section. Section 4729.87 of the Revised Code	2745
applies only to the use of the drug database as provided in	2746
division (B) of this section.	2747

Sec. 4729.80. (A) If the state board of pharmacy establishes	2748
and maintains a drug database pursuant to section 4729.75 of the	2749
Revised Code, the board is authorized or required to provide	2750
information from the database in accordance with the following:	2751

(1) On receipt of a request from a designated representative	2752
of a government entity responsible for the licensure, regulation,	2753
or discipline of health care professionals with authority to	2754
prescribe, administer, or dispense drugs, the board may provide to	2755
the representative information from the database relating to the	2756
professional who is the subject of an active investigation being	2757
conducted by the government entity.	2758

(2) On receipt of a request from a federal officer, or a	2759
state or local officer of this or any other state, whose duties	2760
include enforcing laws relating to drugs, the board shall provide	2761
to the officer information from the database relating to the	2762
person who is the subject of an active investigation of a drug	2763
abuse offense, as defined in section 2925.01 of the Revised Code,	2764
being conducted by the officer's employing government entity.	2765

(3) Pursuant to a subpoena issued by a grand jury, the board	2766
shall provide to the grand jury information from the database	2767
relating to the person who is the subject of an investigation	2768
being conducted by the grand jury.	2769

(4) Pursuant to a subpoena, search warrant, or court order in	2770
connection with the investigation or prosecution of a possible or	2771
alleged criminal offense, the board shall provide information from	2772
the database as necessary to comply with the subpoena, search	2773
warrant, or court order.	2774

(5) On receipt of a request from a prescriber or the	2775
prescriber's delegate approved by the board, the board ~~may~~shall	2776
provide to the prescriber a report of information from the	2777
database relating to a patient who is either ~~of the following~~a	2778
current patient of the prescriber or a potential patient of the	2779
prescriber based on a referral of the patient to the prescriber,	2780
if ~~the prescriber certifies in a form specified by the board that~~	2781
~~it is for the purpose of providing medical treatment to the~~	2782
~~patient who is the subject of the request~~all of the following	2783
conditions are met:	2784

(a) ~~A current patient of the prescriber~~The prescriber	2785
certifies in a form specified by the board that it is for the	2786
purpose of providing medical treatment to the patient who is the	2787
subject of the request;	2788

(b) ~~A potential patient of the prescriber based on a referral~~	2789
~~of the patient to the prescriber~~The prescriber has not been	2790
denied access to the database by the board.	2791

(6) On receipt of a request from a pharmacist or the	2792
pharmacist's delegate approved by the board, the board ~~may~~shall	2793
provide to the pharmacist information from the database relating	2794
to a current patient of the pharmacist, if the pharmacist	2795
certifies in a form specified by the board that it is for the	2796
purpose of the pharmacist's practice of pharmacy involving the	2797
patient who is the subject of the request and the pharmacist has	2798
not been denied access to the database by the board.	2799

(7) On receipt of a request from an individual seeking the	2800
individual's own database information in accordance with the	2801
procedure established in rules adopted under section 4729.84 of	2802
the Revised Code, the board may provide to the individual the	2803
individual's own database information.	2804

(8) On receipt of a request from the medical director of a	2805
managed care organization that has entered into a contract with	2806
the department of medicaid under section 5167.10 of the Revised	2807
Code and a data security agreement with the board required by	2808
section 5167.14 of the Revised Code, the board shall provide to	2809
the medical director information from the database relating to a	2810
medicaid recipient enrolled in the managed care organization,	2811
including information in the database related to prescriptions for	2812
the recipient that were not covered or reimbursed under a program	2813
administered by the department of medicaid, if the medicaid	2814
director confirms, upon request from the board, that the medicaid	2815
recipient is enrolled in the managed care organization.	2816

(9) On receipt of a request from the medicaid director, the	2817
board shall provide to the director information from the database	2818
relating to a recipient of a program administered by the	2819
department of medicaid, including information in the database	2820
related to prescriptions for the recipient that were not covered	2821
or paid by a program administered by the department.	2822

(10) On receipt of a request from the medical director of a	2823
managed care organization that has entered into a contract with	2824
the administrator of workers' compensation under division (B)(4)	2825
of section 4121.44 of the Revised Code and a data security	2826
agreement with the board required by section 4121.443 of the	2827
Revised Code, the board shall provide to the medical director	2828
information from the database relating to a claimant under Chapter	2829
4121., 4123., 4127., or 4131. of the Revised Code assigned to the	2830
managed care organization, including information in the database	2831
related to prescriptions for the claimant that were not covered or	2832
reimbursed under Chapter 4121., 4123., 4127., or 4131. of the	2833
Revised Code, if the administrator of workers' compensation	2834
confirms, upon request from the board, that the claimant is	2835
assigned to the managed care organization.	2836

(11) On receipt of a request from the administrator of	2837
workers' compensation, the board ~~may~~shall provide to the	2838
administrator information from the database relating to a claimant	2839
under Chapter 4121., 4123., 4127., or 4131. of the Revised Code,	2840
including information in the database related to prescriptions for	2841
the claimant that were not covered or reimbursed under Chapter	2842
4121., 4123., 4127., or 4131. of the Revised Code.	2843

~~(11)~~(12) On receipt of a request from a prescriber or the	2844
prescriber's delegate approved by the board, the board shall	2845
provide to the prescriber information from the database relating	2846
to a patient's mother, if the prescriber certifies in a form	2847
specified by the board that it is for the purpose of providing	2848
medical treatment to a newborn or infant patient diagnosed as	2849
opioid dependent and the prescriber has not been denied access to	2850
the database by the board.	2851

(13) On receipt of a request from a requestor described in	2852
division (A)(1), (2), (5), or (6) of this section who is from or	2853
participating with another state's prescription monitoring	2854
program, the board may provide to the requestor information from	2855
the database, but only if there is a written agreement under which	2856
the information is to be used and disseminated according to the	2857
laws of this state.	2858

(B) The state board of pharmacy shall maintain a record of	2859
each individual or entity that requests information from the	2860
database pursuant to this section. In accordance with rules	2861
adopted under section 4729.84 of the Revised Code, the board may	2862
use the records to document and report statistics and law	2863
enforcement outcomes.	2864

The board may provide records of an individual's requests for	2865
database information to the following:	2866

(1) A designated representative of a government entity that	2867
is responsible for the licensure, regulation, or discipline of	2868
health care professionals with authority to prescribe, administer,	2869
or dispense drugs who is involved in an active investigation being	2870
conducted by the government entity of the individual who submitted	2871
the requests for database information;	2872

(2) A federal officer, or a state or local officer of this or	2873
any other state, whose duties include enforcing laws relating to	2874
drugs and who is involved in an active investigation being	2875
conducted by the officer's employing government entity of the	2876
individual who submitted the requests for database information.	2877

(C) Information contained in the database and any information	2878
obtained from it is not a public record. Information contained in	2879
the records of requests for information from the database is not a	2880
public record. Information that does not identify a person may be	2881
released in summary, statistical, or aggregate form.	2882

(D) A pharmacist or prescriber shall not be held liable in	2883
damages to any person in any civil action for injury, death, or	2884
loss to person or property on the basis that the pharmacist or	2885
prescriber did or did not seek or obtain information from the	2886
database.	2887

Sec. 4729.86. If the state board of pharmacy establishes and	2888
maintains a drug database pursuant to section 4729.75 of the	2889
Revised Code, all of the following apply:	2890

(A)(1) No person identified in divisions (A)(1) to ~~(10)~~(12)	2891
or (B) of section 4729.80 of the Revised Code shall disseminate	2892
any written or electronic information the person receives from the	2893
drug database or otherwise provide another person access to the	2894
information that the person receives from the database, except as	2895
follows:	2896

(a) When necessary in the investigation or prosecution of a	2897
possible or alleged criminal offense;	2898

(b) When a person provides the information to the prescriber	2899
or pharmacist for whom the person is approved by the board to	2900
serve as a delegate of the prescriber or pharmacist for purposes	2901
of requesting and receiving information from the drug database	2902
under division (A)(5) or (6) of section 4729.80 of the Revised	2903
Code;	2904

(c) When a prescriber or pharmacist provides the information	2905
to a person who is approved by the board to serve as such a	2906
delegate of the prescriber or pharmacist.	2907

(2) No person shall provide false information to the state	2908
board of pharmacy with the intent to obtain or alter information	2909
contained in the drug database.	2910

(3) No person shall obtain drug database information by any	2911
means except as provided under section 4729.80 or 4729.81 of the	2912
Revised Code.	2913

(B) A person shall not use information obtained pursuant to	2914
division (A) of section 4729.80 of the Revised Code as evidence in	2915
any civil or administrative proceeding.	2916

(C)(1) ~~The~~Except as provided in division (C)(2) of this	2917
section, after providing notice and affording an opportunity for a	2918
hearing in accordance with Chapter 119. of the Revised Code, the	2919
board may restrict a person from obtaining further information	2920
from the drug database if any of the following is the case:	2921

(a) The person violates division (A)(1), (2), or (3) of this	2922
section;	2923

(b) The person is a requestor identified in division	2924
(A)~~(11)~~(13) of section 4729.80 of the Revised Code and the board	2925
determines that the person's actions in another state would have	2926
constituted a violation of division (A)(1), (2), or (3) of this	2927
section;	2928

(c) The person fails to comply with division (B) of this	2929
section, regardless of the jurisdiction in which the failure to	2930
comply occurred;	2931

(d) The person creates, by clear and convincing evidence, a	2932
threat to the security of information contained in the database.	2933

(2) If the board determines that allegations regarding a	2934
person's actions warrant restricting the person from obtaining	2935
further information from the drug database without a prior	2936
hearing, the board may summarily impose the restriction. A	2937
telephone conference call may be used for reviewing the	2938
allegations and taking a vote on the summary restriction. The	2939
summary restriction shall remain in effect, unless removed by the	2940
board, until the board's final adjudication order becomes	2941
effective.	2942

(3) The board shall determine the extent to which the person	2943
is restricted from obtaining further information from the	2944
database.	2945

Sec. 4729.861. If the state board of pharmacy establishes	2946
and maintains a drug database pursuant to section 4729.75 of the	2947
Revised Code and if the board restricts a prescriber from	2948
obtaining further information from the database pursuant to	2949
division (C) of section 4729.86 of the Revised Code, the board	2950
shall notify the government entity responsible for licensing the	2951
prescriber.	2952

Sec. 4729.87. (A) If the state board of pharmacy establishes	2953
and maintains a drug database pursuant to section 4729.75 of the	2954
Revised Code, the board may use the database as a means for the	2955
collection of any health information submitted by any of the	2956
entities required to submit drug-related information under	2957
sections 4729.76 to 4729.86 of the Revised Code. Any health	2958
information received under this section is not a public record and	2959
shall not be released by the board other than for purposes of	2960
transmitting the information to the department of health as	2961
provided in this section and the rules adopted under it.	2962

(B) The board and department shall collaborate in determining	2963
the health information that may be collected by the board through	2964
the database and transmitted to the department. The information	2965
may include records of immunizations administered by pharmacists	2966
and pharmacy interns pursuant to section 4729.41 of the Revised	2967
Code for inclusion in any immunization registry established and	2968
maintained by the department.	2969

(C) The board shall adopt rules as necessary to implement	2970
this section. In adopting the rules, the board shall consult with	2971
the department. The rules shall be adopted in accordance with	2972
Chapter 119. of the Revised Code.	2973

~~Sec. 4729.87.~~ Sec. 4729.91. The state board of pharmacy shall	2974
comply with section 4776.20 of the Revised Code.	2975

Sec. 4730.25. (A) The state medical board, by an affirmative	2976
vote of not fewer than six members, may revoke or may refuse to	2977
grant a certificate to practice as a physician assistant or a	2978
certificate to prescribe to a person found by the board to have	2979
committed fraud, misrepresentation, or deception in applying for	2980
or securing the certificate.	2981

(B) The board, by an affirmative vote of not fewer than six	2982
members, shall, to the extent permitted by law, limit, revoke, or	2983
suspend an individual's certificate to practice as a physician	2984
assistant or certificate to prescribe, refuse to issue a	2985
certificate to an applicant, refuse to reinstate a certificate, or	2986
reprimand or place on probation the holder of a certificate for	2987
any of the following reasons:	2988

(1) Failure to practice in accordance with the conditions	2989
under which the supervising physician's supervision agreement with	2990
the physician assistant was approved, including the requirement	2991
that when practicing under a particular supervising physician, the	2992
physician assistant must practice only according to the physician	2993
supervisory plan the board approved for that physician or the	2994
policies of the health care facility in which the supervising	2995
physician and physician assistant are practicing;	2996

(2) Failure to comply with the requirements of this chapter,	2997
Chapter 4731. of the Revised Code, or any rules adopted by the	2998
board;	2999

(3) Violating or attempting to violate, directly or	3000
indirectly, or assisting in or abetting the violation of, or	3001
conspiring to violate, any provision of this chapter, Chapter	3002
4731. of the Revised Code, or the rules adopted by the board;	3003

(4) Inability to practice according to acceptable and	3004
prevailing standards of care by reason of mental illness or	3005
physical illness, including physical deterioration that adversely	3006
affects cognitive, motor, or perceptive skills;	3007

(5) Impairment of ability to practice according to acceptable	3008
and prevailing standards of care because of habitual or excessive	3009
use or abuse of drugs, alcohol, or other substances that impair	3010
ability to practice;	3011

(6) Administering drugs for purposes other than those	3012
authorized under this chapter;	3013

(7) Willfully betraying a professional confidence;

3014

(8) Making a false, fraudulent, deceptive, or misleading	3015
statement in soliciting or advertising for employment as a	3016
physician assistant; in connection with any solicitation or	3017
advertisement for patients; in relation to the practice of	3018
medicine as it pertains to physician assistants; or in securing or	3019
attempting to secure a certificate to practice as a physician	3020
assistant, a certificate to prescribe, or approval of a	3021
supervision agreement.	3022

As used in this division, "false, fraudulent, deceptive, or	3023
misleading statement" means a statement that includes a	3024
misrepresentation of fact, is likely to mislead or deceive because	3025
of a failure to disclose material facts, is intended or is likely	3026
to create false or unjustified expectations of favorable results,	3027
or includes representations or implications that in reasonable	3028
probability will cause an ordinarily prudent person to	3029
misunderstand or be deceived.	3030

(9) Representing, with the purpose of obtaining compensation	3031
or other advantage personally or for any other person, that an	3032
incurable disease or injury, or other incurable condition, can be	3033
permanently cured;	3034

(10) The obtaining of, or attempting to obtain, money or	3035
anything of value by fraudulent misrepresentations in the course	3036
of practice;	3037

(11) A plea of guilty to, a judicial finding of guilt of, or	3038
a judicial finding of eligibility for intervention in lieu of	3039
conviction for, a felony;	3040

(12) Commission of an act that constitutes a felony in this	3041
state, regardless of the jurisdiction in which the act was	3042
committed;	3043

(13) A plea of guilty to, a judicial finding of guilt of, or	3044
a judicial finding of eligibility for intervention in lieu of	3045
conviction for, a misdemeanor committed in the course of practice;	3046

(14) A plea of guilty to, a judicial finding of guilt of, or	3047
a judicial finding of eligibility for intervention in lieu of	3048
conviction for, a misdemeanor involving moral turpitude;	3049

(15) Commission of an act in the course of practice that	3050
constitutes a misdemeanor in this state, regardless of the	3051
jurisdiction in which the act was committed;	3052

(16) Commission of an act involving moral turpitude that	3053
constitutes a misdemeanor in this state, regardless of the	3054
jurisdiction in which the act was committed;	3055

(17) A plea of guilty to, a judicial finding of guilt of, or	3056
a judicial finding of eligibility for intervention in lieu of	3057
conviction for violating any state or federal law regulating the	3058
possession, distribution, or use of any drug, including	3059
trafficking in drugs;	3060

(18) Any of the following actions taken by the state agency	3061
responsible for regulating the practice of physician assistants in	3062
another state, for any reason other than the nonpayment of fees:	3063
the limitation, revocation, or suspension of an individual's	3064
license to practice; acceptance of an individual's license	3065
surrender; denial of a license; refusal to renew or reinstate a	3066
license; imposition of probation; or issuance of an order of	3067
censure or other reprimand;	3068

(19) A departure from, or failure to conform to, minimal	3069
standards of care of similar physician assistants under the same	3070
or similar circumstances, regardless of whether actual injury to a	3071
patient is established;	3072

(20) Violation of the conditions placed by the board on a	3073
certificate to practice as a physician assistant, a certificate to	3074
prescribe, a physician supervisory plan, or supervision agreement;	3075

(21) Failure to use universal blood and body fluid	3076
precautions established by rules adopted under section 4731.051 of	3077
the Revised Code;	3078

(22) Failure to cooperate in an investigation conducted by	3079
the board under section 4730.26 of the Revised Code, including	3080
failure to comply with a subpoena or order issued by the board or	3081
failure to answer truthfully a question presented by the board at	3082
a deposition or in written interrogatories, except that failure to	3083
cooperate with an investigation shall not constitute grounds for	3084
discipline under this section if a court of competent jurisdiction	3085
has issued an order that either quashes a subpoena or permits the	3086
individual to withhold the testimony or evidence in issue;	3087

(23) Assisting suicide as defined in section 3795.01 of the	3088
Revised Code;	3089

(24) Prescribing any drug or device to perform or induce an	3090
abortion, or otherwise performing or inducing an abortion;	3091

(25) Failure to comply with section 4730.53 of the Revised	3092
Code, unless the board no longer maintains a drug database	3093
pursuant to section 4729.75 of the Revised Code.	3094

(C) Disciplinary actions taken by the board under divisions	3095
(A) and (B) of this section shall be taken pursuant to an	3096
adjudication under Chapter 119. of the Revised Code, except that	3097
in lieu of an adjudication, the board may enter into a consent	3098
agreement with a physician assistant or applicant to resolve an	3099
allegation of a violation of this chapter or any rule adopted	3100
under it. A consent agreement, when ratified by an affirmative	3101
vote of not fewer than six members of the board, shall constitute	3102
the findings and order of the board with respect to the matter	3103
addressed in the agreement. If the board refuses to ratify a	3104
consent agreement, the admissions and findings contained in the	3105
consent agreement shall be of no force or effect.	3106

(D) For purposes of divisions (B)(12), (15), and (16) of this	3107
section, the commission of the act may be established by a finding	3108
by the board, pursuant to an adjudication under Chapter 119. of	3109
the Revised Code, that the applicant or certificate holder	3110
committed the act in question. The board shall have no	3111
jurisdiction under these divisions in cases where the trial court	3112
renders a final judgment in the certificate holder's favor and	3113
that judgment is based upon an adjudication on the merits. The	3114
board shall have jurisdiction under these divisions in cases where	3115
the trial court issues an order of dismissal upon technical or	3116
procedural grounds.	3117

(E) The sealing of conviction records by any court shall have	3118
no effect upon a prior board order entered under the provisions of	3119
this section or upon the board's jurisdiction to take action under	3120
the provisions of this section if, based upon a plea of guilty, a	3121
judicial finding of guilt, or a judicial finding of eligibility	3122
for intervention in lieu of conviction, the board issued a notice	3123
of opportunity for a hearing prior to the court's order to seal	3124
the records. The board shall not be required to seal, destroy,	3125
redact, or otherwise modify its records to reflect the court's	3126
sealing of conviction records.	3127

(F) For purposes of this division, any individual who holds a	3128
certificate issued under this chapter, or applies for a	3129
certificate issued under this chapter, shall be deemed to have	3130
given consent to submit to a mental or physical examination when	3131
directed to do so in writing by the board and to have waived all	3132
objections to the admissibility of testimony or examination	3133
reports that constitute a privileged communication.	3134

(1) In enforcing division (B)(4) of this section, the board,	3135
upon a showing of a possible violation, may compel any individual	3136
who holds a certificate issued under this chapter or who has	3137
applied for a certificate pursuant to this chapter to submit to a	3138
mental examination, physical examination, including an HIV test,	3139
or both a mental and physical examination. The expense of the	3140
examination is the responsibility of the individual compelled to	3141
be examined. Failure to submit to a mental or physical examination	3142
or consent to an HIV test ordered by the board constitutes an	3143
admission of the allegations against the individual unless the	3144
failure is due to circumstances beyond the individual's control,	3145
and a default and final order may be entered without the taking of	3146
testimony or presentation of evidence. If the board finds a	3147
physician assistant unable to practice because of the reasons set	3148
forth in division (B)(4) of this section, the board shall require	3149
the physician assistant to submit to care, counseling, or	3150
treatment by physicians approved or designated by the board, as a	3151
condition for an initial, continued, reinstated, or renewed	3152
certificate. An individual affected under this division shall be	3153
afforded an opportunity to demonstrate to the board the ability to	3154
resume practicing in compliance with acceptable and prevailing	3155
standards of care.	3156

(2) For purposes of division (B)(5) of this section, if the	3157
board has reason to believe that any individual who holds a	3158
certificate issued under this chapter or any applicant for a	3159
certificate suffers such impairment, the board may compel the	3160
individual to submit to a mental or physical examination, or both.	3161
The expense of the examination is the responsibility of the	3162
individual compelled to be examined. Any mental or physical	3163
examination required under this division shall be undertaken by a	3164
treatment provider or physician qualified to conduct such	3165
examination and chosen by the board.	3166

Failure to submit to a mental or physical examination ordered	3167
by the board constitutes an admission of the allegations against	3168
the individual unless the failure is due to circumstances beyond	3169
the individual's control, and a default and final order may be	3170
entered without the taking of testimony or presentation of	3171
evidence. If the board determines that the individual's ability to	3172
practice is impaired, the board shall suspend the individual's	3173
certificate or deny the individual's application and shall require	3174
the individual, as a condition for initial, continued, reinstated,	3175
or renewed certification to practice or prescribe, to submit to	3176
treatment.	3177

Before being eligible to apply for reinstatement of a	3178
certificate suspended under this division, the physician assistant	3179
shall demonstrate to the board the ability to resume practice or	3180
prescribing in compliance with acceptable and prevailing standards	3181
of care. The demonstration shall include the following:	3182

(a) Certification from a treatment provider approved under	3183
section 4731.25 of the Revised Code that the individual has	3184
successfully completed any required inpatient treatment;	3185

(b) Evidence of continuing full compliance with an aftercare	3186
contract or consent agreement;	3187

(c) Two written reports indicating that the individual's	3188
ability to practice has been assessed and that the individual has	3189
been found capable of practicing according to acceptable and	3190
prevailing standards of care. The reports shall be made by	3191
individuals or providers approved by the board for making such	3192
assessments and shall describe the basis for their determination.	3193

The board may reinstate a certificate suspended under this	3194
division after such demonstration and after the individual has	3195
entered into a written consent agreement.	3196

When the impaired physician assistant resumes practice or	3197
prescribing, the board shall require continued monitoring of the	3198
physician assistant. The monitoring shall include compliance with	3199
the written consent agreement entered into before reinstatement or	3200
with conditions imposed by board order after a hearing, and, upon	3201
termination of the consent agreement, submission to the board for	3202
at least two years of annual written progress reports made under	3203
penalty of falsification stating whether the physician assistant	3204
has maintained sobriety.	3205

(G) If the secretary and supervising member determine that	3206
there is clear and convincing evidence that a physician assistant	3207
has violated division (B) of this section and that the	3208
individual's continued practice or prescribing presents a danger	3209
of immediate and serious harm to the public, they may recommend	3210
that the board suspend the individual's certificate to practice or	3211
prescribe without a prior hearing. Written allegations shall be	3212
prepared for consideration by the board.	3213

The board, upon review of those allegations and by an	3214
affirmative vote of not fewer than six of its members, excluding	3215
the secretary and supervising member, may suspend a certificate	3216
without a prior hearing. A telephone conference call may be	3217
utilized for reviewing the allegations and taking the vote on the	3218
summary suspension.	3219

The board shall issue a written order of suspension by	3220
certified mail or in person in accordance with section 119.07 of	3221
the Revised Code. The order shall not be subject to suspension by	3222
the court during pendency of any appeal filed under section 119.12	3223
of the Revised Code. If the physician assistant requests an	3224
adjudicatory hearing by the board, the date set for the hearing	3225
shall be within fifteen days, but not earlier than seven days,	3226
after the physician assistant requests the hearing, unless	3227
otherwise agreed to by both the board and the certificate holder.	3228

A summary suspension imposed under this division shall remain	3229
in effect, unless reversed on appeal, until a final adjudicative	3230
order issued by the board pursuant to this section and Chapter	3231
119. of the Revised Code becomes effective. The board shall issue	3232
its final adjudicative order within sixty days after completion of	3233
its hearing. Failure to issue the order within sixty days shall	3234
result in dissolution of the summary suspension order, but shall	3235
not invalidate any subsequent, final adjudicative order.	3236

(H) If the board takes action under division (B)(11), (13),	3237
or (14) of this section, and the judicial finding of guilt, guilty	3238
plea, or judicial finding of eligibility for intervention in lieu	3239
of conviction is overturned on appeal, upon exhaustion of the	3240
criminal appeal, a petition for reconsideration of the order may	3241
be filed with the board along with appropriate court documents.	3242
Upon receipt of a petition and supporting court documents, the	3243
board shall reinstate the certificate to practice or prescribe.	3244
The board may then hold an adjudication under Chapter 119. of the	3245
Revised Code to determine whether the individual committed the act	3246
in question. Notice of opportunity for hearing shall be given in	3247
accordance with Chapter 119. of the Revised Code. If the board	3248
finds, pursuant to an adjudication held under this division, that	3249
the individual committed the act, or if no hearing is requested,	3250
it may order any of the sanctions identified under division (B) of	3251
this section.	3252

(I) The certificate to practice issued to a physician	3253
assistant and the physician assistant's practice in this state are	3254
automatically suspended as of the date the physician assistant	3255
pleads guilty to, is found by a judge or jury to be guilty of, or	3256
is subject to a judicial finding of eligibility for intervention	3257
in lieu of conviction in this state or treatment or intervention	3258
in lieu of conviction in another state for any of the following	3259
criminal offenses in this state or a substantially equivalent	3260
criminal offense in another jurisdiction: aggravated murder,	3261
murder, voluntary manslaughter, felonious assault, kidnapping,	3262
rape, sexual battery, gross sexual imposition, aggravated arson,	3263
aggravated robbery, or aggravated burglary. Continued practice	3264
after the suspension shall be considered practicing without a	3265
certificate.	3266

The board shall notify the individual subject to the	3267
suspension by certified mail or in person in accordance with	3268
section 119.07 of the Revised Code. If an individual whose	3269
certificate is suspended under this division fails to make a	3270
timely request for an adjudication under Chapter 119. of the	3271
Revised Code, the board shall enter a final order permanently	3272
revoking the individual's certificate to practice.	3273

(J) In any instance in which the board is required by Chapter	3274
119. of the Revised Code to give notice of opportunity for hearing	3275
and the individual subject to the notice does not timely request a	3276
hearing in accordance with section 119.07 of the Revised Code, the	3277
board is not required to hold a hearing, but may adopt, by an	3278
affirmative vote of not fewer than six of its members, a final	3279
order that contains the board's findings. In that final order, the	3280
board may order any of the sanctions identified under division (A)	3281
or (B) of this section.	3282

(K) Any action taken by the board under division (B) of this	3283
section resulting in a suspension shall be accompanied by a	3284
written statement of the conditions under which the physician	3285
assistant's certificate may be reinstated. The board shall adopt	3286
rules in accordance with Chapter 119. of the Revised Code	3287
governing conditions to be imposed for reinstatement.	3288
Reinstatement of a certificate suspended pursuant to division (B)	3289
of this section requires an affirmative vote of not fewer than six	3290
members of the board.	3291

(L) When the board refuses to grant to an applicant a	3292
certificate to practice as a physician assistant or a certificate	3293
to prescribe, revokes an individual's certificate, refuses to	3294
issue a certificate, or refuses to reinstate an individual's	3295
certificate, the board may specify that its action is permanent.	3296
An individual subject to a permanent action taken by the board is	3297
forever thereafter ineligible to hold the certificate and the	3298
board shall not accept an application for reinstatement of the	3299
certificate or for issuance of a new certificate.	3300

(M) Notwithstanding any other provision of the Revised Code,	3301
all of the following apply:	3302

(1) The surrender of a certificate issued under this chapter	3303
is not effective unless or until accepted by the board.	3304
Reinstatement of a certificate surrendered to the board requires	3305
an affirmative vote of not fewer than six members of the board.	3306

(2) An application made under this chapter for a certificate,	3307
approval of a physician supervisory plan, or approval of a	3308
supervision agreement may not be withdrawn without approval of the	3309
board.	3310

(3) Failure by an individual to renew a certificate in	3311
accordance with section 4730.14 or section 4730.48 of the Revised	3312
Code shall not remove or limit the board's jurisdiction to take	3313
disciplinary action under this section against the individual.	3314

Sec. 4730.252. (A) For the initial violation of section	3315
3719.061 of the Revised Code by a physician assistant, the state	3316
medical board, by an affirmative vote of not fewer than six	3317
members, may impose a fine not to exceed twenty thousand dollars.	3318
For each subsequent violation of that section, the board, by an	3319
affirmative vote of not fewer than six members, may impose an	3320
additional fine not to exceed twenty thousand dollars, suspend for	3321
not less than six months the physician assistant's certificate to	3322
practice and certificate to prescribe, or both.	3323

(B) Except as specified in division (J) of section 4730.25 of	3324
the Revised Code, disciplinary action under this section shall be	3325
taken pursuant to an adjudication conducted under Chapter 119. of	3326
the Revised Code.	3327

Sec. 4730.41. (A) A certificate to prescribe issued under	3328
this chapter authorizes a physician assistant to prescribe and	3329
personally furnish drugs and therapeutic devices in the exercise	3330
of physician-delegated prescriptive authority.	3331

(B) In exercising physician-delegated prescriptive authority,	3332
a physician assistant is subject to all of the following:	3333

(1) The physician assistant shall exercise	3334
physician-delegated prescriptive authority only to the extent that	3335
the physician supervising the physician assistant has granted that	3336
authority.	3337

(2) The physician assistant shall comply with all conditions	3338
placed on the physician-delegated prescriptive authority, as	3339
specified by the supervising physician who is supervising the	3340
physician assistant in the exercise of physician-delegated	3341
prescriptive authority.	3342

(3) If the physician assistant possesses physician-delegated	3343
prescriptive authority for controlled substances, the physician	3344
assistant shall register with the federal drug enforcement	3345
administration.	3346

(4) If the physician assistant possesses physician-delegated	3347
prescriptive authority for schedule II controlled substances, the	3348
physician assistant shall comply with section 4730.411 of the	3349
Revised Code.	3350

(5) If the physician assistant prescribes a controlled	3351
substance that contains an opioid to a minor, the physician	3352
assistant shall comply with section 3719.061 of the Revised Code.	3353
As used in this division, "minor" has the same meaning as in	3354
section 3719.061 of the Revised Code.	3355

Sec. 4730.48. (A)(1) Except in the case of a provisional	3356
certificate to prescribe, a physician assistant's certificate to	3357
prescribe expires on the same date as the physician assistant's	3358
certificate to practice as a physician assistant, as provided in	3359
section 4730.14 of the Revised Code. The certificate to prescribe	3360
may be renewed in accordance with this section.	3361

(2) A person seeking to renew a certificate to prescribe	3362
shall, on or before the thirty-first day of January of each	3363
even-numbered year, apply for renewal of the certificate. The	3364
state medical board shall send renewal notices at least one month	3365
prior to the expiration date. The notice may be sent as part of	3366
the notice sent for renewal of the certificate to practice.	3367

(3) Applications for renewal shall be submitted to the board	3368
on forms the board shall prescribe and furnish. An application for	3369
renewal of a certificate to prescribe may be submitted in	3370
conjunction with an application for renewal of a certificate to	3371
practice.	3372

(4)(a) Except as provided in division (A)(4)(b) of this	3373
section, with respect to an applicant who holds a certificate to	3374
prescribe and prescribes opioid analgesics or benzodiazepines as	3375
part of the applicant's regular practice as a physician assistant,	3376
the application for renewal of a certificate to prescribe shall	3377
include evidence that the applicant has been granted access to the	3378
drug database established and maintained by the state board of	3379
pharmacy pursuant to section 4729.75 of the Revised Code.	3380

(b) The requirement in division (A)(4)(a) of this section	3381
does not apply if either of the following is the case:	3382

(i) The state board of pharmacy notifies the state medical	3383
board pursuant to section 4729.861 of the Revised Code that the	3384
applicant has been restricted from obtaining further information	3385
from the drug database.	3386

(ii) The state board of pharmacy no longer maintains the drug	3387
database.	3388

(5) Each application for renewal of a certificate to	3389
prescribe shall be accompanied by a biennial renewal fee of fifty	3390
dollars. The board shall deposit the fees in accordance with	3391
section 4731.24 of the Revised Code.	3392

(6) The applicant shall report any criminal offense that	3393
constitutes grounds under section 4730.25 of the Revised Code for	3394
refusing to issue a certificate to prescribe to which the	3395
applicant has pleaded guilty, of which the applicant has been	3396
found guilty, or for which the applicant has been found eligible	3397
for intervention in lieu of conviction, since last signing an	3398
application for a certificate to prescribe.	3399

(B) The board shall review all renewal applications received.	3400
If an applicant submits a complete renewal application and meets	3401
the requirements for renewal specified in section 4730.49 of the	3402
Revised Code, the board shall issue to the applicant a renewed	3403
certificate to prescribe.	3404

Sec. 4730.53. (A) As used in this section, "drug database"	3405
means the database established and maintained by the state board	3406
of pharmacy pursuant to section 4729.75 of the Revised Code.	3407

(B) ~~The~~Except as provided in divisions (C) and (E) of this	3408
section, a physician assistant holding a certificate to prescribe	3409
issued under this chapter shall comply with all of the following	3410
as conditions of prescribing a drug that is either an opioid	3411
analgesic or a benzodiazepine as part of a patient's course of	3412
treatment for a particular condition:	3413

(1) Before initially prescribing the drug, the physician	3414
assistant or the physician assistant's delegate shall request from	3415
the drug database a report of information related to the patient	3416
that covers at least the twelve months immediately preceding the	3417
date of the request. If the physician assistant practices	3418
primarily in a county of this state that adjoins another state,	3419
the physician assistant or delegate also shall request a report of	3420
any information available in the drug database that pertains to	3421
prescriptions issued or drugs furnished to the patient in the	3422
state adjoining that county.	3423

(2) If the patient's course of treatment for the condition	3424
continues for more than ninety days after the initial report is	3425
requested, the physician assistant or delegate shall make periodic	3426
requests for reports of information from the drug database until	3427
the course of treatment has ended. The requests shall be made at	3428
intervals not exceeding ninety days, determined according to the	3429
date the initial request was made. The request shall be made in	3430
the same manner provided in division (B)(1) of this section for	3431
requesting the initial report of information from the drug	3432
database.	3433

(3) On receipt of a report under division (B)(1) or (2) of	3434
this section, the physician assistant shall assess the information	3435
in the report. The physician assistant shall document in the	3436
patient's record that the report was received and the information	3437
was assessed.	3438

(C) Division (B) of this section does not apply in any of the	3439
following circumstances:	3440

(1) A drug database report regarding the patient is not	3441
available, in which case the physician assistant shall document in	3442
the patient's record the reason that the report is not available.	3443

(2) The drug is prescribed in an amount indicated for a	3444
period not to exceed seven days.	3445

(3) The drug is prescribed for the treatment of cancer or	3446
another condition associated with cancer.	3447

(4) The drug is prescribed to a hospice patient in a hospice	3448
care program, as those terms are defined in section 3712.01 of the	3449
Revised Code, or any other patient diagnosed as terminally ill.	3450

(5) The drug is prescribed for administration in a hospital,	3451
nursing home, or residential care facility.	3452

(D) With respect to prescribing any drug that is not an	3453
opioid analgesic or a benzodiazepine but is included in the drug	3454
database pursuant to rules adopted under section 4729.84 of the	3455
Revised Code, the state medical board shall adopt rules in	3456
~~accordance with Chapter 119. of the Revised Code~~ that establish	3457
standards and procedures to be followed by a physician assistant	3458
who holds a certificate to prescribe issued under this chapter	3459
regarding the review of patient information available through the	3460
drug database under division (A)(5) of section 4729.80 of the	3461
Revised Code. The rules shall be adopted in accordance with	3462
Chapter 119. of the Revised Code.	3463

~~(C)~~(E) This section and the rules adopted under it do not	3464
apply if the state board of pharmacy no longer maintains the drug	3465
database.	3466

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

3467

(1) "Drug database" means the database established and	3468
maintained by the state board of pharmacy pursuant to section	3469
4729.75 of the Revised Code.	3470

(2) "Physician" means an individual authorized under this	3471
chapter to practice medicine and surgery, osteopathic medicine and	3472
surgery, or podiatric medicine and surgery.	3473

(B) ~~The~~Except as provided in divisions (C) and (E) of this	3474
section, a physician shall comply with all of the following as	3475
conditions of prescribing a drug that is either an opioid	3476
analgesic or a benzodiazepine, or personally furnishing a complete	3477
or partial supply of such a drug, as part of a patient's course of	3478
treatment for a particular condition:	3479

(1) Before initially prescribing or furnishing the drug, the	3480
physician or the physician's delegate shall request from the drug	3481
database a report of information related to the patient that	3482
covers at least the twelve months immediately preceding the date	3483
of the request. If the physician practices primarily in a county	3484
of this state that adjoins another state, the physician or	3485
delegate also shall request a report of any information available	3486
in the drug database that pertains to prescriptions issued or	3487
drugs furnished to the patient in the state adjoining that county.	3488

(2) If the patient's course of treatment for the condition	3489
continues for more than ninety days after the initial report is	3490
requested, the physician or delegate shall make periodic requests	3491
for reports of information from the drug database until the course	3492
of treatment has ended. The requests shall be made at intervals	3493
not exceeding ninety days, determined according to the date the	3494
initial request was made. The request shall be made in the same	3495
manner provided in division (B)(1) of this section for requesting	3496
the initial report of information from the drug database.	3497

(3) On receipt of a report under division (B)(1) or (2) of	3498
this section, the physician shall assess the information in the	3499
report. The physician shall document in the patient's record that	3500
the report was received and the information was assessed.	3501

(C) Division (B) of this section does not apply in any of the	3502
following circumstances:	3503

(1) A drug database report regarding the patient is not	3504
available, in which case the physician shall document in the	3505
patient's record the reason that the report is not available.	3506

(2) The drug is prescribed or personally furnished in an	3507
amount indicated for a period not to exceed seven days.	3508

(3) The drug is prescribed or personally furnished for the	3509
treatment of cancer or another condition associated with cancer.	3510

(4) The drug is prescribed or personally furnished to a	3511
hospice patient in a hospice care program, as those terms are	3512
defined in section 3712.01 of the Revised Code, or any other	3513
patient diagnosed as terminally ill.	3514

(5) The drug is prescribed or personally furnished for	3515
administration in a hospital, nursing home, or residential care	3516
facility.	3517

(6) The drug is prescribed or personally furnished to treat	3518
acute pain resulting from a surgical or other invasive procedure	3519
or a delivery.	3520

(D) With respect to prescribing or personally furnishing any	3521
drug that is not an opioid analgesic or a benzodiazepine but is	3522
included in the drug database pursuant to rules adopted under	3523
section 4729.84 of the Revised Code, the state medical board shall	3524
adopt rules ~~in accordance with Chapter 119. of the Revised Code~~	3525
that establish standards and procedures to be followed by a	3526
physician regarding the review of patient information available	3527
through the drug database under division (A)(5) of section 4729.80	3528
of the Revised Code. The rules shall be adopted in accordance with	3529
Chapter 119. of the Revised Code.	3530

~~(C)~~(E) This section and the rules adopted under it do not	3531
apply if the state board of pharmacy no longer maintains the drug	3532
database.	3533

Sec. 4731.22. (A) The state medical board, by an affirmative	3534
vote of not fewer than six of its members, may limit, revoke, or	3535
suspend an individual's certificate to practice, refuse to grant a	3536
certificate to an individual, refuse to register an individual,	3537
refuse to reinstate a certificate, or reprimand or place on	3538
probation the holder of a certificate if the individual or	3539
certificate holder is found by the board to have committed fraud	3540
during the administration of the examination for a certificate to	3541
practice or to have committed fraud, misrepresentation, or	3542
deception in applying for or securing any certificate to practice	3543
or certificate of registration issued by the board.	3544

(B) The board, by an affirmative vote of not fewer than six	3545
members, shall, to the extent permitted by law, limit, revoke, or	3546
suspend an individual's certificate to practice, refuse to	3547
register an individual, refuse to reinstate a certificate, or	3548
reprimand or place on probation the holder of a certificate for	3549
one or more of the following reasons:	3550

(1) Permitting one's name or one's certificate to practice or	3551
certificate of registration to be used by a person, group, or	3552
corporation when the individual concerned is not actually	3553
directing the treatment given;	3554

(2) Failure to maintain minimal standards applicable to the	3555
selection or administration of drugs, or failure to employ	3556
acceptable scientific methods in the selection of drugs or other	3557
modalities for treatment of disease;	3558

(3) Selling, giving away, personally furnishing, prescribing,	3559
or administering drugs for other than legal and legitimate	3560
therapeutic purposes or a plea of guilty to, a judicial finding of	3561
guilt of, or a judicial finding of eligibility for intervention in	3562
lieu of conviction of, a violation of any federal or state law	3563
regulating the possession, distribution, or use of any drug;	3564

(4) Willfully betraying a professional confidence.

3565

For purposes of this division, "willfully betraying a	3566
professional confidence" does not include providing any	3567
information, documents, or reports to a child fatality review	3568
board under sections 307.621 to 307.629 of the Revised Code and	3569
does not include the making of a report of an employee's use of a	3570
drug of abuse, or a report of a condition of an employee other	3571
than one involving the use of a drug of abuse, to the employer of	3572
the employee as described in division (B) of section 2305.33 of	3573
the Revised Code. Nothing in this division affects the immunity	3574
from civil liability conferred by that section upon a physician	3575
who makes either type of report in accordance with division (B) of	3576
that section. As used in this division, "employee," "employer,"	3577
and "physician" have the same meanings as in section 2305.33 of	3578
the Revised Code.	3579

(5) Making a false, fraudulent, deceptive, or misleading	3580
statement in the solicitation of or advertising for patients; in	3581
relation to the practice of medicine and surgery, osteopathic	3582
medicine and surgery, podiatric medicine and surgery, or a limited	3583
branch of medicine; or in securing or attempting to secure any	3584
certificate to practice or certificate of registration issued by	3585
the board.	3586

As used in this division, "false, fraudulent, deceptive, or	3587
misleading statement" means a statement that includes a	3588
misrepresentation of fact, is likely to mislead or deceive because	3589
of a failure to disclose material facts, is intended or is likely	3590
to create false or unjustified expectations of favorable results,	3591
or includes representations or implications that in reasonable	3592
probability will cause an ordinarily prudent person to	3593
misunderstand or be deceived.	3594

(6) A departure from, or the failure to conform to, minimal	3595
standards of care of similar practitioners under the same or	3596
similar circumstances, whether or not actual injury to a patient	3597
is established;	3598

(7) Representing, with the purpose of obtaining compensation	3599
or other advantage as personal gain or for any other person, that	3600
an incurable disease or injury, or other incurable condition, can	3601
be permanently cured;	3602

(8) The obtaining of, or attempting to obtain, money or	3603
anything of value by fraudulent misrepresentations in the course	3604
of practice;	3605

(9) A plea of guilty to, a judicial finding of guilt of, or a	3606
judicial finding of eligibility for intervention in lieu of	3607
conviction for, a felony;	3608

(10) Commission of an act that constitutes a felony in this	3609
state, regardless of the jurisdiction in which the act was	3610
committed;	3611

(11) A plea of guilty to, a judicial finding of guilt of, or	3612
a judicial finding of eligibility for intervention in lieu of	3613
conviction for, a misdemeanor committed in the course of practice;	3614

(12) Commission of an act in the course of practice that	3615
constitutes a misdemeanor in this state, regardless of the	3616
jurisdiction in which the act was committed;	3617

(13) A plea of guilty to, a judicial finding of guilt of, or	3618
a judicial finding of eligibility for intervention in lieu of	3619
conviction for, a misdemeanor involving moral turpitude;	3620

(14) Commission of an act involving moral turpitude that	3621
constitutes a misdemeanor in this state, regardless of the	3622
jurisdiction in which the act was committed;	3623

(15) Violation of the conditions of limitation placed by the	3624
board upon a certificate to practice;	3625

(16) Failure to pay license renewal fees specified in this	3626
chapter;	3627

(17) Except as authorized in section 4731.31 of the Revised	3628
Code, engaging in the division of fees for referral of patients,	3629
or the receiving of a thing of value in return for a specific	3630
referral of a patient to utilize a particular service or business;	3631

(18) Subject to section 4731.226 of the Revised Code,	3632
violation of any provision of a code of ethics of the American	3633
medical association, the American osteopathic association, the	3634
American podiatric medical association, or any other national	3635
professional organizations that the board specifies by rule. The	3636
state medical board shall obtain and keep on file current copies	3637
of the codes of ethics of the various national professional	3638
organizations. The individual whose certificate is being suspended	3639
or revoked shall not be found to have violated any provision of a	3640
code of ethics of an organization not appropriate to the	3641
individual's profession.	3642

For purposes of this division, a "provision of a code of	3643
ethics of a national professional organization" does not include	3644
any provision that would preclude the making of a report by a	3645
physician of an employee's use of a drug of abuse, or of a	3646
condition of an employee other than one involving the use of a	3647
drug of abuse, to the employer of the employee as described in	3648
division (B) of section 2305.33 of the Revised Code. Nothing in	3649
this division affects the immunity from civil liability conferred	3650
by that section upon a physician who makes either type of report	3651
in accordance with division (B) of that section. As used in this	3652
division, "employee," "employer," and "physician" have the same	3653
meanings as in section 2305.33 of the Revised Code.	3654

(19) Inability to practice according to acceptable and	3655
prevailing standards of care by reason of mental illness or	3656
physical illness, including, but not limited to, physical	3657
deterioration that adversely affects cognitive, motor, or	3658
perceptive skills.	3659

In enforcing this division, the board, upon a showing of a	3660
possible violation, may compel any individual authorized to	3661
practice by this chapter or who has submitted an application	3662
pursuant to this chapter to submit to a mental examination,	3663
physical examination, including an HIV test, or both a mental and	3664
a physical examination. The expense of the examination is the	3665
responsibility of the individual compelled to be examined. Failure	3666
to submit to a mental or physical examination or consent to an HIV	3667
test ordered by the board constitutes an admission of the	3668
allegations against the individual unless the failure is due to	3669
circumstances beyond the individual's control, and a default and	3670
final order may be entered without the taking of testimony or	3671
presentation of evidence. If the board finds an individual unable	3672
to practice because of the reasons set forth in this division, the	3673
board shall require the individual to submit to care, counseling,	3674
or treatment by physicians approved or designated by the board, as	3675
a condition for initial, continued, reinstated, or renewed	3676
authority to practice. An individual affected under this division	3677
shall be afforded an opportunity to demonstrate to the board the	3678
ability to resume practice in compliance with acceptable and	3679
prevailing standards under the provisions of the individual's	3680
certificate. For the purpose of this division, any individual who	3681
applies for or receives a certificate to practice under this	3682
chapter accepts the privilege of practicing in this state and, by	3683
so doing, shall be deemed to have given consent to submit to a	3684
mental or physical examination when directed to do so in writing	3685
by the board, and to have waived all objections to the	3686
admissibility of testimony or examination reports that constitute	3687
a privileged communication.	3688

(20) Except when civil penalties are imposed under section	3689
4731.225 or 4731.281 of the Revised Code, and subject to section	3690
4731.226 of the Revised Code, violating or attempting to violate,	3691
directly or indirectly, or assisting in or abetting the violation	3692
of, or conspiring to violate, any provisions of this chapter or	3693
any rule promulgated by the board.	3694

This division does not apply to a violation or attempted	3695
violation of, assisting in or abetting the violation of, or a	3696
conspiracy to violate, any provision of this chapter or any rule	3697
adopted by the board that would preclude the making of a report by	3698
a physician of an employee's use of a drug of abuse, or of a	3699
condition of an employee other than one involving the use of a	3700
drug of abuse, to the employer of the employee as described in	3701
division (B) of section 2305.33 of the Revised Code. Nothing in	3702
this division affects the immunity from civil liability conferred	3703
by that section upon a physician who makes either type of report	3704
in accordance with division (B) of that section. As used in this	3705
division, "employee," "employer," and "physician" have the same	3706
meanings as in section 2305.33 of the Revised Code.	3707

(21) The violation of section 3701.79 of the Revised Code or	3708
of any abortion rule adopted by the public health council pursuant	3709
to section 3701.341 of the Revised Code;	3710

(22) Any of the following actions taken by an agency	3711
responsible for authorizing, certifying, or regulating an	3712
individual to practice a health care occupation or provide health	3713
care services in this state or another jurisdiction, for any	3714
reason other than the nonpayment of fees: the limitation,	3715
revocation, or suspension of an individual's license to practice;	3716
acceptance of an individual's license surrender; denial of a	3717
license; refusal to renew or reinstate a license; imposition of	3718
probation; or issuance of an order of censure or other reprimand;	3719

(23) The violation of section 2919.12 of the Revised Code or	3720
the performance or inducement of an abortion upon a pregnant woman	3721
with actual knowledge that the conditions specified in division	3722
(B) of section 2317.56 of the Revised Code have not been satisfied	3723
or with a heedless indifference as to whether those conditions	3724
have been satisfied, unless an affirmative defense as specified in	3725
division (H)(2) of that section would apply in a civil action	3726
authorized by division (H)(1) of that section;	3727

(24) The revocation, suspension, restriction, reduction, or	3728
termination of clinical privileges by the United States department	3729
of defense or department of veterans affairs or the termination or	3730
suspension of a certificate of registration to prescribe drugs by	3731
the drug enforcement administration of the United States	3732
department of justice;	3733

(25) Termination or suspension from participation in the	3734
medicare or medicaid programs by the department of health and	3735
human services or other responsible agency for any act or acts	3736
that also would constitute a violation of division (B)(2), (3),	3737
(6), (8), or (19) of this section;	3738

(26) Impairment of ability to practice according to	3739
acceptable and prevailing standards of care because of habitual or	3740
excessive use or abuse of drugs, alcohol, or other substances that	3741
impair ability to practice.	3742

For the purposes of this division, any individual authorized	3743
to practice by this chapter accepts the privilege of practicing in	3744
this state subject to supervision by the board. By filing an	3745
application for or holding a certificate to practice under this	3746
chapter, an individual shall be deemed to have given consent to	3747
submit to a mental or physical examination when ordered to do so	3748
by the board in writing, and to have waived all objections to the	3749
admissibility of testimony or examination reports that constitute	3750
privileged communications.	3751

If it has reason to believe that any individual authorized to	3752
practice by this chapter or any applicant for certification to	3753
practice suffers such impairment, the board may compel the	3754
individual to submit to a mental or physical examination, or both.	3755
The expense of the examination is the responsibility of the	3756
individual compelled to be examined. Any mental or physical	3757
examination required under this division shall be undertaken by a	3758
treatment provider or physician who is qualified to conduct the	3759
examination and who is chosen by the board.	3760

Failure to submit to a mental or physical examination ordered	3761
by the board constitutes an admission of the allegations against	3762
the individual unless the failure is due to circumstances beyond	3763
the individual's control, and a default and final order may be	3764
entered without the taking of testimony or presentation of	3765
evidence. If the board determines that the individual's ability to	3766
practice is impaired, the board shall suspend the individual's	3767
certificate or deny the individual's application and shall require	3768
the individual, as a condition for initial, continued, reinstated,	3769
or renewed certification to practice, to submit to treatment.	3770

Before being eligible to apply for reinstatement of a	3771
certificate suspended under this division, the impaired	3772
practitioner shall demonstrate to the board the ability to resume	3773
practice in compliance with acceptable and prevailing standards of	3774
care under the provisions of the practitioner's certificate. The	3775
demonstration shall include, but shall not be limited to, the	3776
following:	3777

(a) Certification from a treatment provider approved under	3778
section 4731.25 of the Revised Code that the individual has	3779
successfully completed any required inpatient treatment;	3780

(b) Evidence of continuing full compliance with an aftercare	3781
contract or consent agreement;	3782

(c) Two written reports indicating that the individual's	3783
ability to practice has been assessed and that the individual has	3784
been found capable of practicing according to acceptable and	3785
prevailing standards of care. The reports shall be made by	3786
individuals or providers approved by the board for making the	3787
assessments and shall describe the basis for their determination.	3788

The board may reinstate a certificate suspended under this	3789
division after that demonstration and after the individual has	3790
entered into a written consent agreement.	3791

When the impaired practitioner resumes practice, the board	3792
shall require continued monitoring of the individual. The	3793
monitoring shall include, but not be limited to, compliance with	3794
the written consent agreement entered into before reinstatement or	3795
with conditions imposed by board order after a hearing, and, upon	3796
termination of the consent agreement, submission to the board for	3797
at least two years of annual written progress reports made under	3798
penalty of perjury stating whether the individual has maintained	3799
sobriety.	3800

(27) A second or subsequent violation of section 4731.66 or	3801
4731.69 of the Revised Code;	3802

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

3803

(a) Waiving the payment of all or any part of a deductible or	3804
copayment that a patient, pursuant to a health insurance or health	3805
care policy, contract, or plan that covers the individual's	3806
services, otherwise would be required to pay if the waiver is used	3807
as an enticement to a patient or group of patients to receive	3808
health care services from that individual;	3809

(b) Advertising that the individual will waive the payment of	3810
all or any part of a deductible or copayment that a patient,	3811
pursuant to a health insurance or health care policy, contract, or	3812
plan that covers the individual's services, otherwise would be	3813
required to pay.	3814

(29) Failure to use universal blood and body fluid	3815
precautions established by rules adopted under section 4731.051 of	3816
the Revised Code;	3817

(30) Failure to provide notice to, and receive acknowledgment	3818
of the notice from, a patient when required by section 4731.143 of	3819
the Revised Code prior to providing nonemergency professional	3820
services, or failure to maintain that notice in the patient's	3821
file;	3822

(31) Failure of a physician supervising a physician assistant	3823
to maintain supervision in accordance with the requirements of	3824
Chapter 4730. of the Revised Code and the rules adopted under that	3825
chapter;	3826

(32) Failure of a physician or podiatrist to enter into a	3827
standard care arrangement with a clinical nurse specialist,	3828
certified nurse-midwife, or certified nurse practitioner with whom	3829
the physician or podiatrist is in collaboration pursuant to	3830
section 4731.27 of the Revised Code or failure to fulfill the	3831
responsibilities of collaboration after entering into a standard	3832
care arrangement;	3833

(33) Failure to comply with the terms of a consult agreement	3834
entered into with a pharmacist pursuant to section 4729.39 of the	3835
Revised Code;	3836

(34) Failure to cooperate in an investigation conducted by	3837
the board under division (F) of this section, including failure to	3838
comply with a subpoena or order issued by the board or failure to	3839
answer truthfully a question presented by the board in an	3840
investigative interview, an investigative office conference, at a	3841
deposition, or in written interrogatories, except that failure to	3842
cooperate with an investigation shall not constitute grounds for	3843
discipline under this section if a court of competent jurisdiction	3844
has issued an order that either quashes a subpoena or permits the	3845
individual to withhold the testimony or evidence in issue;	3846

(35) Failure to supervise an oriental medicine practitioner	3847
or acupuncturist in accordance with Chapter 4762. of the Revised	3848
Code and the board's rules for providing that supervision;	3849

(36) Failure to supervise an anesthesiologist assistant in	3850
accordance with Chapter 4760. of the Revised Code and the board's	3851
rules for supervision of an anesthesiologist assistant;	3852

(37) Assisting suicide as defined in section 3795.01 of the	3853
Revised Code;	3854

(38) Failure to comply with the requirements of section	3855
2317.561 of the Revised Code;	3856

(39) Failure to supervise a radiologist assistant in	3857
accordance with Chapter 4774. of the Revised Code and the board's	3858
rules for supervision of radiologist assistants;	3859

(40) Performing or inducing an abortion at an office or	3860
facility with knowledge that the office or facility fails to post	3861
the notice required under section 3701.791 of the Revised Code;	3862

(41) Failure to comply with the standards and procedures	3863
established in rules under section 4731.054 of the Revised Code	3864
for the operation of or the provision of care at a pain management	3865
clinic;	3866

(42) Failure to comply with the standards and procedures	3867
established in rules under section 4731.054 of the Revised Code	3868
for providing supervision, direction, and control of individuals	3869
at a pain management clinic;	3870

(43) Failure to comply with the requirements of section	3871
4729.79 or 4731.055 of the Revised Code, unless the state board of	3872
pharmacy no longer maintains a drug database pursuant to section	3873
4729.75 of the Revised Code;	3874

(44) Failure to comply with the requirements of section	3875
2919.171 of the Revised Code or failure to submit to the	3876
department of health in accordance with a court order a complete	3877
report as described in section 2919.171 of the Revised Code;	3878

(45) Practicing at a facility that is subject to licensure as	3879
a category III terminal distributor of dangerous drugs with a pain	3880
management clinic classification unless the person operating the	3881
facility has obtained and maintains the license with the	3882
classification;	3883

(46) Owning a facility that is subject to licensure as a	3884
category III terminal distributor of dangerous drugs with a pain	3885
management clinic classification unless the facility is licensed	3886
with the classification;	3887

(47) Failure to comply with the requirement regarding	3888
maintaining notes described in division (B) of section 2919.191 of	3889
the Revised Code or failure to satisfy the requirements of section	3890
2919.191 of the Revised Code prior to performing or inducing an	3891
abortion upon a pregnant woman.	3892

(C) Disciplinary actions taken by the board under divisions	3893
(A) and (B) of this section shall be taken pursuant to an	3894
adjudication under Chapter 119. of the Revised Code, except that	3895
in lieu of an adjudication, the board may enter into a consent	3896
agreement with an individual to resolve an allegation of a	3897
violation of this chapter or any rule adopted under it. A consent	3898
agreement, when ratified by an affirmative vote of not fewer than	3899
six members of the board, shall constitute the findings and order	3900
of the board with respect to the matter addressed in the	3901
agreement. If the board refuses to ratify a consent agreement, the	3902
admissions and findings contained in the consent agreement shall	3903
be of no force or effect.	3904

A telephone conference call may be utilized for ratification	3905
of a consent agreement that revokes or suspends an individual's	3906
certificate to practice. The telephone conference call shall be	3907
considered a special meeting under division (F) of section 121.22	3908
of the Revised Code.	3909

If the board takes disciplinary action against an individual	3910
under division (B) of this section for a second or subsequent plea	3911
of guilty to, or judicial finding of guilt of, a violation of	3912
section 2919.123 of the Revised Code, the disciplinary action	3913
shall consist of a suspension of the individual's certificate to	3914
practice for a period of at least one year or, if determined	3915
appropriate by the board, a more serious sanction involving the	3916
individual's certificate to practice. Any consent agreement	3917
entered into under this division with an individual that pertains	3918
to a second or subsequent plea of guilty to, or judicial finding	3919
of guilt of, a violation of that section shall provide for a	3920
suspension of the individual's certificate to practice for a	3921
period of at least one year or, if determined appropriate by the	3922
board, a more serious sanction involving the individual's	3923
certificate to practice.	3924

(D) For purposes of divisions (B)(10), (12), and (14) of this	3925
section, the commission of the act may be established by a finding	3926
by the board, pursuant to an adjudication under Chapter 119. of	3927
the Revised Code, that the individual committed the act. The board	3928
does not have jurisdiction under those divisions if the trial	3929
court renders a final judgment in the individual's favor and that	3930
judgment is based upon an adjudication on the merits. The board	3931
has jurisdiction under those divisions if the trial court issues	3932
an order of dismissal upon technical or procedural grounds.	3933

(E) The sealing of conviction records by any court shall have	3934
no effect upon a prior board order entered under this section or	3935
upon the board's jurisdiction to take action under this section	3936
if, based upon a plea of guilty, a judicial finding of guilt, or a	3937
judicial finding of eligibility for intervention in lieu of	3938
conviction, the board issued a notice of opportunity for a hearing	3939
prior to the court's order to seal the records. The board shall	3940
not be required to seal, destroy, redact, or otherwise modify its	3941
records to reflect the court's sealing of conviction records.	3942

(F)(1) The board shall investigate evidence that appears to	3943
show that a person has violated any provision of this chapter or	3944
any rule adopted under it. Any person may report to the board in a	3945
signed writing any information that the person may have that	3946
appears to show a violation of any provision of this chapter or	3947
any rule adopted under it. In the absence of bad faith, any person	3948
who reports information of that nature or who testifies before the	3949
board in any adjudication conducted under Chapter 119. of the	3950
Revised Code shall not be liable in damages in a civil action as a	3951
result of the report or testimony. Each complaint or allegation of	3952
a violation received by the board shall be assigned a case number	3953
and shall be recorded by the board.	3954

(2) Investigations of alleged violations of this chapter or	3955
any rule adopted under it shall be supervised by the supervising	3956
member elected by the board in accordance with section 4731.02 of	3957
the Revised Code and by the secretary as provided in section	3958
4731.39 of the Revised Code. The president may designate another	3959
member of the board to supervise the investigation in place of the	3960
supervising member. No member of the board who supervises the	3961
investigation of a case shall participate in further adjudication	3962
of the case.	3963

(3) In investigating a possible violation of this chapter or	3964
any rule adopted under this chapter, or in conducting an	3965
inspection under division (E) of section 4731.054 of the Revised	3966
Code, the board may question witnesses, conduct interviews,	3967
administer oaths, order the taking of depositions, inspect and	3968
copy any books, accounts, papers, records, or documents, issue	3969
subpoenas, and compel the attendance of witnesses and production	3970
of books, accounts, papers, records, documents, and testimony,	3971
except that a subpoena for patient record information shall not be	3972
issued without consultation with the attorney general's office and	3973
approval of the secretary and supervising member of the board.	3974

(a) Before issuance of a subpoena for patient record	3975
information, the secretary and supervising member shall determine	3976
whether there is probable cause to believe that the complaint	3977
filed alleges a violation of this chapter or any rule adopted	3978
under it and that the records sought are relevant to the alleged	3979
violation and material to the investigation. The subpoena may	3980
apply only to records that cover a reasonable period of time	3981
surrounding the alleged violation.	3982

(b) On failure to comply with any subpoena issued by the	3983
board and after reasonable notice to the person being subpoenaed,	3984
the board may move for an order compelling the production of	3985
persons or records pursuant to the Rules of Civil Procedure.	3986

(c) A subpoena issued by the board may be served by a	3987
sheriff, the sheriff's deputy, or a board employee designated by	3988
the board. Service of a subpoena issued by the board may be made	3989
by delivering a copy of the subpoena to the person named therein,	3990
reading it to the person, or leaving it at the person's usual	3991
place of residence, usual place of business, or address on file	3992
with the board. When serving a subpoena to an applicant for or the	3993
holder of a certificate issued under this chapter, service of the	3994
subpoena may be made by certified mail, return receipt requested,	3995
and the subpoena shall be deemed served on the date delivery is	3996
made or the date the person refuses to accept delivery. If the	3997
person being served refuses to accept the subpoena or is not	3998
located, service may be made to an attorney who notifies the board	3999
that the attorney is representing the person.	4000

(d) A sheriff's deputy who serves a subpoena shall receive	4001
the same fees as a sheriff. Each witness who appears before the	4002
board in obedience to a subpoena shall receive the fees and	4003
mileage provided for under section 119.094 of the Revised Code.	4004

(4) All hearings, investigations, and inspections of the	4005
board shall be considered civil actions for the purposes of	4006
section 2305.252 of the Revised Code.	4007

(5) A report required to be submitted to the board under this	4008
chapter, a complaint, or information received by the board	4009
pursuant to an investigation or pursuant to an inspection under	4010
division (E) of section 4731.054 of the Revised Code is	4011
confidential and not subject to discovery in any civil action.	4012

The board shall conduct all investigations or inspections and	4013
proceedings in a manner that protects the confidentiality of	4014
patients and persons who file complaints with the board. The board	4015
shall not make public the names or any other identifying	4016
information about patients or complainants unless proper consent	4017
is given or, in the case of a patient, a waiver of the patient	4018
privilege exists under division (B) of section 2317.02 of the	4019
Revised Code, except that consent or a waiver of that nature is	4020
not required if the board possesses reliable and substantial	4021
evidence that no bona fide physician-patient relationship exists.	4022

The board may share any information it receives pursuant to	4023
an investigation or inspection, including patient records and	4024
patient record information, with law enforcement agencies, other	4025
licensing boards, and other governmental agencies that are	4026
prosecuting, adjudicating, or investigating alleged violations of	4027
statutes or administrative rules. An agency or board that receives	4028
the information shall comply with the same requirements regarding	4029
confidentiality as those with which the state medical board must	4030
comply, notwithstanding any conflicting provision of the Revised	4031
Code or procedure of the agency or board that applies when it is	4032
dealing with other information in its possession. In a judicial	4033
proceeding, the information may be admitted into evidence only in	4034
accordance with the Rules of Evidence, but the court shall require	4035
that appropriate measures are taken to ensure that confidentiality	4036
is maintained with respect to any part of the information that	4037
contains names or other identifying information about patients or	4038
complainants whose confidentiality was protected by the state	4039
medical board when the information was in the board's possession.	4040
Measures to ensure confidentiality that may be taken by the court	4041
include sealing its records or deleting specific information from	4042
its records.	4043

(6) On a quarterly basis, the board shall prepare a report	4044
that documents the disposition of all cases during the preceding	4045
three months. The report shall contain the following information	4046
for each case with which the board has completed its activities:	4047

(a) The case number assigned to the complaint or alleged	4048
violation;	4049

(b) The type of certificate to practice, if any, held by the	4050
individual against whom the complaint is directed;	4051

(c) A description of the allegations contained in the	4052
complaint;	4053

(d) The disposition of the case.

4054

The report shall state how many cases are still pending and	4055
shall be prepared in a manner that protects the identity of each	4056
person involved in each case. The report shall be a public record	4057
under section 149.43 of the Revised Code.	4058

(G) If the secretary and supervising member determine both of	4059
the following, they may recommend that the board suspend an	4060
individual's certificate to practice without a prior hearing:	4061

(1) That there is clear and convincing evidence that an	4062
individual has violated division (B) of this section;	4063

(2) That the individual's continued practice presents a	4064
danger of immediate and serious harm to the public.	4065

Written allegations shall be prepared for consideration by	4066
the board. The board, upon review of those allegations and by an	4067
affirmative vote of not fewer than six of its members, excluding	4068
the secretary and supervising member, may suspend a certificate	4069
without a prior hearing. A telephone conference call may be	4070
utilized for reviewing the allegations and taking the vote on the	4071
summary suspension.	4072

The board shall issue a written order of suspension by	4073
certified mail or in person in accordance with section 119.07 of	4074
the Revised Code. The order shall not be subject to suspension by	4075
the court during pendency of any appeal filed under section 119.12	4076
of the Revised Code. If the individual subject to the summary	4077
suspension requests an adjudicatory hearing by the board, the date	4078
set for the hearing shall be within fifteen days, but not earlier	4079
than seven days, after the individual requests the hearing, unless	4080
otherwise agreed to by both the board and the individual.	4081

Any summary suspension imposed under this division shall	4082
remain in effect, unless reversed on appeal, until a final	4083
adjudicative order issued by the board pursuant to this section	4084
and Chapter 119. of the Revised Code becomes effective. The board	4085
shall issue its final adjudicative order within seventy-five days	4086
after completion of its hearing. A failure to issue the order	4087
within seventy-five days shall result in dissolution of the	4088
summary suspension order but shall not invalidate any subsequent,	4089
final adjudicative order.	4090

(H) If the board takes action under division (B)(9), (11), or	4091
(13) of this section and the judicial finding of guilt, guilty	4092
plea, or judicial finding of eligibility for intervention in lieu	4093
of conviction is overturned on appeal, upon exhaustion of the	4094
criminal appeal, a petition for reconsideration of the order may	4095
be filed with the board along with appropriate court documents.	4096
Upon receipt of a petition of that nature and supporting court	4097
documents, the board shall reinstate the individual's certificate	4098
to practice. The board may then hold an adjudication under Chapter	4099
119. of the Revised Code to determine whether the individual	4100
committed the act in question. Notice of an opportunity for a	4101
hearing shall be given in accordance with Chapter 119. of the	4102
Revised Code. If the board finds, pursuant to an adjudication held	4103
under this division, that the individual committed the act or if	4104
no hearing is requested, the board may order any of the sanctions	4105
identified under division (B) of this section.	4106

(I) The certificate to practice issued to an individual under	4107
this chapter and the individual's practice in this state are	4108
automatically suspended as of the date of the individual's second	4109
or subsequent plea of guilty to, or judicial finding of guilt of,	4110
a violation of section 2919.123 of the Revised Code, or the date	4111
the individual pleads guilty to, is found by a judge or jury to be	4112
guilty of, or is subject to a judicial finding of eligibility for	4113
intervention in lieu of conviction in this state or treatment or	4114
intervention in lieu of conviction in another jurisdiction for any	4115
of the following criminal offenses in this state or a	4116
substantially equivalent criminal offense in another jurisdiction:	4117
aggravated murder, murder, voluntary manslaughter, felonious	4118
assault, kidnapping, rape, sexual battery, gross sexual	4119
imposition, aggravated arson, aggravated robbery, or aggravated	4120
burglary. Continued practice after suspension shall be considered	4121
practicing without a certificate.	4122

The board shall notify the individual subject to the	4123
suspension by certified mail or in person in accordance with	4124
section 119.07 of the Revised Code. If an individual whose	4125
certificate is automatically suspended under this division fails	4126
to make a timely request for an adjudication under Chapter 119. of	4127
the Revised Code, the board shall do whichever of the following is	4128
applicable:	4129

(1) If the automatic suspension under this division is for a	4130
second or subsequent plea of guilty to, or judicial finding of	4131
guilt of, a violation of section 2919.123 of the Revised Code, the	4132
board shall enter an order suspending the individual's certificate	4133
to practice for a period of at least one year or, if determined	4134
appropriate by the board, imposing a more serious sanction	4135
involving the individual's certificate to practice.	4136

(2) In all circumstances in which division (I)(1) of this	4137
section does not apply, enter a final order permanently revoking	4138
the individual's certificate to practice.	4139

(J) If the board is required by Chapter 119. of the Revised	4140
Code to give notice of an opportunity for a hearing and if the	4141
individual subject to the notice does not timely request a hearing	4142
in accordance with section 119.07 of the Revised Code, the board	4143
is not required to hold a hearing, but may adopt, by an	4144
affirmative vote of not fewer than six of its members, a final	4145
order that contains the board's findings. In that final order, the	4146
board may order any of the sanctions identified under division (A)	4147
or (B) of this section.	4148

(K) Any action taken by the board under division (B) of this	4149
section resulting in a suspension from practice shall be	4150
accompanied by a written statement of the conditions under which	4151
the individual's certificate to practice may be reinstated. The	4152
board shall adopt rules governing conditions to be imposed for	4153
reinstatement. Reinstatement of a certificate suspended pursuant	4154
to division (B) of this section requires an affirmative vote of	4155
not fewer than six members of the board.	4156

(L) When the board refuses to grant a certificate to an	4157
applicant, revokes an individual's certificate to practice,	4158
refuses to register an applicant, or refuses to reinstate an	4159
individual's certificate to practice, the board may specify that	4160
its action is permanent. An individual subject to a permanent	4161
action taken by the board is forever thereafter ineligible to hold	4162
a certificate to practice and the board shall not accept an	4163
application for reinstatement of the certificate or for issuance	4164
of a new certificate.	4165

(M) Notwithstanding any other provision of the Revised Code,	4166
all of the following apply:	4167

(1) The surrender of a certificate issued under this chapter	4168
shall not be effective unless or until accepted by the board. A	4169
telephone conference call may be utilized for acceptance of the	4170
surrender of an individual's certificate to practice. The	4171
telephone conference call shall be considered a special meeting	4172
under division (F) of section 121.22 of the Revised Code.	4173
Reinstatement of a certificate surrendered to the board requires	4174
an affirmative vote of not fewer than six members of the board.	4175

(2) An application for a certificate made under the	4176
provisions of this chapter may not be withdrawn without approval	4177
of the board.	4178

(3) Failure by an individual to renew a certificate of	4179
registration in accordance with this chapter shall not remove or	4180
limit the board's jurisdiction to take any disciplinary action	4181
under this section against the individual.	4182

(4) At the request of the board, a certificate holder shall	4183
immediately surrender to the board a certificate that the board	4184
has suspended, revoked, or permanently revoked.	4185

(N) Sanctions shall not be imposed under division (B)(28) of	4186
this section against any person who waives deductibles and	4187
copayments as follows:	4188

(1) In compliance with the health benefit plan that expressly	4189
allows such a practice. Waiver of the deductibles or copayments	4190
shall be made only with the full knowledge and consent of the plan	4191
purchaser, payer, and third-party administrator. Documentation of	4192
the consent shall be made available to the board upon request.	4193

(2) For professional services rendered to any other person	4194
authorized to practice pursuant to this chapter, to the extent	4195
allowed by this chapter and rules adopted by the board.	4196

(O) Under the board's investigative duties described in this	4197
section and subject to division (F) of this section, the board	4198
shall develop and implement a quality intervention program	4199
designed to improve through remedial education the clinical and	4200
communication skills of individuals authorized under this chapter	4201
to practice medicine and surgery, osteopathic medicine and	4202
surgery, and podiatric medicine and surgery. In developing and	4203
implementing the quality intervention program, the board may do	4204
all of the following:	4205

(1) Offer in appropriate cases as determined by the board an	4206
educational and assessment program pursuant to an investigation	4207
the board conducts under this section;	4208

(2) Select providers of educational and assessment services,	4209
including a quality intervention program panel of case reviewers;	4210

(3) Make referrals to educational and assessment service	4211
providers and approve individual educational programs recommended	4212
by those providers. The board shall monitor the progress of each	4213
individual undertaking a recommended individual educational	4214
program.	4215

(4) Determine what constitutes successful completion of an	4216
individual educational program and require further monitoring of	4217
the individual who completed the program or other action that the	4218
board determines to be appropriate;	4219

(5) Adopt rules in accordance with Chapter 119. of the	4220
Revised Code to further implement the quality intervention	4221
program.	4222

An individual who participates in an individual educational	4223
program pursuant to this division shall pay the financial	4224
obligations arising from that educational program.	4225

Sec. 4731.229. (A) As used in this section, "physician" means	4226
an individual authorized under this chapter to practice medicine	4227
and surgery, osteopathic medicine and surgery, or podiatric	4228
medicine and surgery.	4229

(B) For the initial violation of section 3719.061 of the	4230
Revised Code by a physician, the state medical board, by an	4231
affirmative vote of not fewer than six members, may impose a fine	4232
not to exceed twenty thousand dollars. For each subsequent	4233
violation of that section, the board, by an affirmative vote of	4234
not fewer than six members, may impose an additional fine not to	4235
exceed twenty thousand dollars; suspend for not less than six	4236
months the physician's certificate to practice medicine and	4237
surgery, osteopathic medicine and surgery, or podiatric medicine	4238
and surgery; or both.	4239

(C) When investigating or conducting a hearing on an alleged	4240
violation of section 3719.061 of the Revised Code, the board may	4241
take any action it is authorized to take under division (F) of	4242
section 4731.22 of the Revised Code.	4243

(D) Except as specified in division (J) of section 4731.22 of	4244
the Revised Code, disciplinary action under this section shall be	4245
taken pursuant to an adjudication conducted under Chapter 119. of	4246
the Revised Code.	4247

Sec. 4731.281. (A) On or before the deadline established	4248
under division (B) of this section for applying for renewal of a	4249
certificate of registration, each person holding a certificate	4250
under this chapter to practice medicine and surgery, osteopathic	4251
medicine and surgery, or podiatric medicine and surgery shall	4252
certify to the state medical board that in the preceding two years	4253
the person has completed one hundred hours of continuing medical	4254
education. The certification shall be made upon the application	4255
for biennial registration submitted pursuant to division (B) of	4256
this section. The board shall adopt rules providing for pro rata	4257
reductions by month of the number of hours of continuing education	4258
required for persons who are in their first registration period,	4259
who have been disabled due to illness or accident, or who have	4260
been absent from the country.	4261

In determining whether a course, program, or activity	4262
qualifies for credit as continuing medical education, the board	4263
shall approve all continuing medical education taken by persons	4264
holding a certificate to practice medicine and surgery that is	4265
certified by the Ohio state medical association, all continuing	4266
medical education taken by persons holding a certificate to	4267
practice osteopathic medicine and surgery that is certified by the	4268
Ohio osteopathic association, and all continuing medical education	4269
taken by persons holding a certificate to practice podiatric	4270
medicine and surgery that is certified by the Ohio podiatric	4271
medical association. Each person holding a certificate to practice	4272
under this chapter shall be given sufficient choice of continuing	4273
education programs to ensure that the person has had a reasonable	4274
opportunity to participate in continuing education programs that	4275
are relevant to the person's medical practice in terms of subject	4276
matter and level.	4277

The board may require a random sample of persons holding a	4278
certificate to practice under this chapter to submit materials	4279
documenting completion of the continuing medical education	4280
requirement during the preceding registration period, but this	4281
provision shall not limit the board's authority to investigate	4282
pursuant to section 4731.22 of the Revised Code.	4283

(B)(1) Every person holding a certificate under this chapter	4284
to practice medicine and surgery, osteopathic medicine and	4285
surgery, or podiatric medicine and surgery wishing to renew that	4286
certificate shall apply to the board for a certificate of	4287
registration upon an application furnished by the board, and pay	4288
to the board at the time of application a fee of three hundred	4289
five dollars, according to the following schedule:	4290

(a) Persons whose last name begins with the letters "A"	4291
through "B," on or before April 1, 2001, and the first day of	4292
April of every odd-numbered year thereafter;	4293

(b) Persons whose last name begins with the letters "C"	4294
through "D," on or before January 1, 2001, and the first day of	4295
January of every odd-numbered year thereafter;	4296

(c) Persons whose last name begins with the letters "E"	4297
through "G," on or before October 1, 2000, and the first day of	4298
October of every even-numbered year thereafter;	4299

(d) Persons whose last name begins with the letters "H"	4300
through "K," on or before July 1, 2000, and the first day of July	4301
of every even-numbered year thereafter;	4302

(e) Persons whose last name begins with the letters "L"	4303
through "M," on or before April 1, 2000, and the first day of	4304
April of every even-numbered year thereafter;	4305

(f) Persons whose last name begins with the letters "N"	4306
through "R," on or before January 1, 2000, and the first day of	4307
January of every even-numbered year thereafter;	4308

(g) Persons whose last name begins with the letter "S," on or	4309
before October 1, 1999, and the first day of October of every	4310
odd-numbered year thereafter;	4311

(h) Persons whose last name begins with the letters "T"	4312
through "Z," on or before July 1, 1999, and the first day of July	4313
of every odd-numbered year thereafter.	4314

The board shall deposit the fee in accordance with section	4315
4731.24 of the Revised Code, except that the board shall deposit	4316
twenty dollars of the fee into the state treasury to the credit of	4317
the physician loan repayment fund created by section 3702.78 of	4318
the Revised Code.	4319

(2) The board shall mail or cause to be mailed to every	4320
person registered to practice medicine and surgery, osteopathic	4321
medicine and surgery, or podiatric medicine and surgery, a notice	4322
of registration renewal addressed to the person's last known	4323
address or may cause the notice to be sent to the person through	4324
the secretary of any recognized medical, osteopathic, or podiatric	4325
society, according to the following schedule:	4326

(a) To persons whose last name begins with the letters "A"	4327
through "B," on or before January 1, 2001, and the first day of	4328
January of every odd-numbered year thereafter;	4329

(b) To persons whose last name begins with the letters "C"	4330
through "D," on or before October 1, 2000, and the first day of	4331
October of every even-numbered year thereafter;	4332

(c) To persons whose last name begins with the letters "E"	4333
through "G," on or before July 1, 2000, and the first day of July	4334
of every even-numbered year thereafter;	4335

(d) To persons whose last name begins with the letters "H"	4336
through "K," on or before April 1, 2000, and the first day of	4337
April of every even-numbered year thereafter;	4338

(e) To persons whose last name begins with the letters "L"	4339
through "M," on or before January 1, 2000, and the first day of	4340
January of every even-numbered year thereafter;	4341

(f) To persons whose last name begins with the letters "N"	4342
through "R," on or before October 1, 1999, and the first day of	4343
October of every odd-numbered year thereafter;	4344

(g) To persons whose last name begins with the letter "S," on	4345
or before July 1, 1999, and the first day of July of every	4346
odd-numbered year thereafter;	4347

(h) To persons whose last name begins with the letters "T"	4348
through "Z," on or before April 1, 1999, and the first day of	4349
April of every odd-numbered year thereafter.	4350

(3) Failure of any person to receive a notice of renewal from	4351
the board shall not excuse the person from the requirements	4352
contained in this section.	4353

(4) The board's notice shall inform the applicant of the	4354
renewal procedure. The board shall provide the application for	4355
registration renewal in a form determined by the board. ~~The~~	4356

(5) The applicant shall provide in the application the	4357
applicant's full name, principal practice address and residence	4358
address, the number of the applicant's certificate to practice,	4359
and any other information required by the board. ~~The~~	4360

(6)(a) Except as provided in division (B)(6)(b) of this	4361
section, in the case of an applicant who prescribes or personally	4362
furnishes opioid analgesics or benzodiazepines as part of the	4363
applicant's regular practice of medicine and surgery, osteopathic	4364
medicine and surgery, or podiatric medicine and surgery, the	4365
application shall also include evidence that the applicant has	4366
been granted access to the drug database established and	4367
maintained by the state board of pharmacy pursuant to section	4368
4729.75 of the Revised Code.	4369

(b) The requirement in division (B)(6)(a) of this section	4370
does not apply if either of the following is the case:	4371

(i) The state board of pharmacy notifies the state medical	4372
board pursuant to section 4729.861 of the Revised Code that the	4373
applicant has been restricted from obtaining further information	4374
from the drug database.	4375

(ii) The state board of pharmacy no longer maintains the drug	4376
database.	4377

(7) The applicant shall include with the application a list	4378
of the names and addresses of any clinical nurse specialists,	4379
certified nurse-midwives, or certified nurse practitioners with	4380
whom the applicant is currently collaborating, as defined in	4381
section 4723.01 of the Revised Code. ~~The applicant shall execute~~	4382
~~and deliver the application to the board in a manner prescribed by~~	4383
~~the board.~~ Every person registered under this section shall give	4384
written notice to the state medical board of any change of	4385
principal practice address or residence address or in the list	4386
within thirty days of the change.	4387

(8) The applicant shall report any criminal offense to which	4388
the applicant has pleaded guilty, of which the applicant has been	4389
found guilty, or for which the applicant has been found eligible	4390
for intervention in lieu of conviction, since last filing an	4391
application for a certificate of registration.	4392

(9) The applicant shall execute and deliver the application	4393
to the board in a manner prescribed by the board.	4394

(C) The board shall issue to any person holding a certificate	4395
under this chapter to practice medicine and surgery, osteopathic	4396
medicine and surgery, or podiatric medicine and surgery, upon	4397
application and qualification therefor in accordance with this	4398
section, a certificate of registration under the seal of the	4399
board. A certificate of registration shall be valid for a two-year	4400
period.	4401

(D) Failure of any certificate holder to register and comply	4402
with this section shall operate automatically to suspend the	4403
holder's certificate to practice. Continued practice after the	4404
suspension of the certificate to practice shall be considered as	4405
practicing in violation of section 4731.41, 4731.43, or 4731.60 of	4406
the Revised Code. If the certificate has been suspended pursuant	4407
to this division for two years or less, it may be reinstated. The	4408
board shall reinstate a certificate to practice suspended for	4409
failure to register upon an applicant's submission of a renewal	4410
application, the biennial registration fee, and the applicable	4411
monetary penalty. The penalty for reinstatement shall be fifty	4412
dollars. If the certificate has been suspended pursuant to this	4413
division for more than two years, it may be restored. Subject to	4414
section 4731.222 of the Revised Code, the board may restore a	4415
certificate to practice suspended for failure to register upon an	4416
applicant's submission of a restoration application, the biennial	4417
registration fee, and the applicable monetary penalty and	4418
compliance with sections 4776.01 to 4776.04 of the Revised Code.	4419
The board shall not restore to an applicant a certificate to	4420
practice unless the board, in its discretion, decides that the	4421
results of the criminal records check do not make the applicant	4422
ineligible for a certificate issued pursuant to section 4731.14,	4423
4731.56, or 4731.57 of the Revised Code. The penalty for	4424
restoration shall be one hundred dollars. The board shall deposit	4425
the penalties in accordance with section 4731.24 of the Revised	4426
Code.	4427

(E) If an individual certifies completion of the number of	4428
hours and type of continuing medical education required to receive	4429
a certificate of registration or reinstatement of a certificate to	4430
practice, and the board finds through the random samples it	4431
conducts under this section or through any other means that the	4432
individual did not complete the requisite continuing medical	4433
education, the board may impose a civil penalty of not more than	4434
five thousand dollars. The board's finding shall be made pursuant	4435
to an adjudication under Chapter 119. of the Revised Code and by	4436
an affirmative vote of not fewer than six members.	4437

A civil penalty imposed under this division may be in	4438
addition to or in lieu of any other action the board may take	4439
under section 4731.22 of the Revised Code. The board shall deposit	4440
civil penalties in accordance with section 4731.24 of the Revised	4441
Code.	4442

(F) The state medical board may obtain information not	4443
protected by statutory or common law privilege from courts and	4444
other sources concerning malpractice claims against any person	4445
holding a certificate to practice under this chapter or practicing	4446
as provided in section 4731.36 of the Revised Code.	4447

(G) Each mailing sent by the board under division (B)(2) of	4448
this section to a person registered to practice medicine and	4449
surgery or osteopathic medicine and surgery shall inform the	4450
applicant of the reporting requirement established by division (H)	4451
of section 3701.79 of the Revised Code. At the discretion of the	4452
board, the information may be included on the application for	4453
registration or on an accompanying page.	4454

Sec. 5101.061. (A) There is hereby established in the	4455
department of job and family services the office of human services	4456
innovation. The director of job and family services shall	4457
establish the office's organizational structure, may reassign the	4458
department's staff and resources as necessary to support the	4459
office's activities, and is responsible for the office's	4460
operations. The superintendent of public instruction, chancellor	4461
of the Ohio board of regents, director of the governor's office of	4462
workforce transformation, and director of the governor's office of	4463
health transformation shall assist the director of job and family	4464
services with leadership and organizational support for the	4465
office.	4466

(B) Not later than January 1, 2015, the office shall submit	4467
to the governor recommendations for all of the following:	4468

(1) Coordinating services across all public assistance	4469
programs to help individuals find employment, succeed at work, and	4470
stay out of poverty;	4471

(2) Revising incentives for public assistance programs to	4472
foster person-centered case management;	4473

(3) Standardizing and automating eligibility determination	4474
policies and processes for public assistance programs;	4475

(4) Other matters the office considers appropriate.

4476

(C) In its development of the recommendations under division	4477
(B) of this section, the office shall do both of the following:	4478

(1) Have as its goal the coordination and reform of state	4479
programs to assist residents of this state in preparing for life	4480
and the dignity of work, to promote individual responsibility and	4481
work opportunity, and to improve self-sufficiency to increase	4482
income levels;	4483

(2) Not later than three months after the effective date of	4484
this section, in consultation with the Ohio healthier buckeye	4485
council, establish clear principles to guide the development of	4486
the recommendations, clearly identify problems to be addressed in	4487
the recommendations, and make an inventory of all existing state	4488
and other resources that the office considers relevant to the	4489
development of the recommendations.	4490

(D) The office shall convene the Ohio healthier buckeye	4491
council and the directors and staff of the departments, agencies,	4492
boards, commissions, and institutions of the executive branch of	4493
this state as necessary to develop the recommendations to be	4494
submitted to the governor under division (B) of this section. The	4495
council, departments, agencies, boards, commissions, and	4496
institutions shall comply with all requests and directives that	4497
the office makes, subject to the supervision of the chairperson of	4498
the council and the directors of the departments, agencies,	4499
offices, boards, and commissions. The office also shall convene	4500
other individuals interested in the issues that the office	4501
addresses in the development of the recommendations to obtain such	4502
individuals' input on, and support for, the recommendations.	4503

Sec. 5103.02. As used in sections 5103.03 to 5103.17 of the	4504
Revised Code:	4505

(A)(1) "Association" or "institution" includes all of the	4506
following:	4507

(a) Any incorporated or unincorporated organization, society,	4508
association, or agency, public or private, that receives or cares	4509
for children for two or more consecutive weeks;	4510

(b) Any individual, including the operator of a foster home,	4511
who, for hire, gain, or reward, receives or cares for children for	4512
two or more consecutive weeks, unless the individual is related to	4513
them by blood or marriage;	4514

(c) Any individual not in the regular employ of a court, or	4515
of an institution or association certified in accordance with	4516
section 5103.03 of the Revised Code, who in any manner becomes a	4517
party to the placing of children in foster homes, unless the	4518
individual is related to such children by blood or marriage or is	4519
the appointed guardian of such children.	4520

(2) "Association" or "institution" does not include any of	4521
the following:	4522

(a) Any organization, society, association, school, agency,	4523
child guidance center, detention or rehabilitation facility, or	4524
children's clinic licensed, regulated, approved, operated under	4525
the direction of, or otherwise certified by the department of	4526
education, a local board of education, the department of youth	4527
services, the department of mental health and addiction services,	4528
or the department of developmental disabilities;	4529

(b) Any individual who provides care for only a single-family	4530
group, placed there by their parents or other relative having	4531
custody;	4532

4533

(B) "Family foster home" means a foster home that is not a	4534
specialized foster home.	4535

(C) "Foster caregiver" means a person holding a valid foster	4536
home certificate issued under section 5103.03 of the Revised Code.	4537

(D) "Foster home" means a private residence in which children	4538
are received apart from their parents, guardian, or legal	4539
custodian, by an individual reimbursed for providing the children	4540
nonsecure care, supervision, or training twenty-four hours a day.	4541
"Foster home" does not include care provided for a child in the	4542
home of a person other than the child's parent, guardian, or legal	4543
custodian while the parent, guardian, or legal custodian is	4544
temporarily away. Family foster homes and specialized foster homes	4545
are types of foster homes.	4546

(E) "Medically fragile foster home" means a foster home that	4547
provides specialized medical services designed to meet the needs	4548
of children with intensive health care needs who meet all of the	4549
following criteria:	4550

(1) Under rules adopted by the medicaid director governing	4551
medicaid payments for long-term care services, the children	4552
require a skilled level of care.	4553

(2) The children require the services of a doctor of medicine	4554
or osteopathic medicine at least once a week due to the	4555
instability of their medical conditions.	4556

(3) The children require the services of a registered nurse	4557
on a daily basis.	4558

(4) The children are at risk of institutionalization in a	4559
hospital, skilled nursing facility, or intermediate care facility	4560
for individuals with intellectual disabilities.	4561

(F) "Private, nonprofit therapeutic wilderness camp" means a	4562
structured, alternative residential setting for children who are	4563
experiencing emotional, behavioral, moral, social, or learning	4564
difficulties at home or school in which all of the following are	4565
the case:	4566

(1) The children spend the majority of their time, including	4567
overnight, either outdoors or in a primitive structure.	4568

(2) The children have been placed there by their parents or	4569
another relative having custody.	4570

(3) The camp accepts no public funds for use in its	4571
operations.	4572

(G) "Recommending agency" means a public children services	4573
agency, private child placing agency, or private noncustodial	4574
agency that recommends that the department of job and family	4575
services take any of the following actions under section 5103.03	4576
of the Revised Code regarding a foster home:	4577

(1) Issue a certificate;

4578

(2) Deny a certificate;

4579

(3) Renew a certificate;

4580

(4) Deny renewal of a certificate;

4581

(5) Revoke a certificate.

4582

~~(G)~~(H) "Specialized foster home" means a medically fragile	4583
foster home or a treatment foster home.	4584

~~(H)~~(I) "Treatment foster home" means a foster home that	4585
incorporates special rehabilitative services designed to treat the	4586
specific needs of the children received in the foster home and	4587
that receives and cares for children who are emotionally or	4588
behaviorally disturbed, chemically dependent, mentally retarded,	4589
developmentally disabled, or who otherwise have exceptional needs.	4590

Sec. 5103.50. (A) As used in this section and sections	4591
5103.51 to 5103.55 of the Revised Code, "private, nonprofit	4592
therapeutic wilderness camp" has the same meaning as in section	4593
5103.02 of the Revised Code.	4594

(B) The director of job and family services shall issue a	4595
license to a private, nonprofit therapeutic wilderness camp that	4596
meets the minimum standards for such camps specified in division	4597
(C) of this section and applies to the director for a license on a	4598
form prescribed by the director.	4599

(C) Both of the following apply as the minimum standards to	4600
be met by a private, nonprofit therapeutic wilderness camp:	4601

(1) The camp shall develop and implement a written policy	4602
that establishes all of the following:	4603

(a) Standards for hiring, training, and supervising staff;

4604

(b) Standards for behavioral intervention, including	4605
standards prohibiting the use of prone restraint and governing the	4606
use of other restraints or isolation;	4607

(c) Standards for recordkeeping, including specifying	4608
information that must be included in each child's record, who may	4609
access records, confidentiality, maintenance, security, and	4610
disposal of records;	4611

(d) A procedure for handling complaints about the camp from	4612
the children attending the camp, their families, staff, and the	4613
public;	4614

(e) Standards for emergency and disaster preparedness,	4615
including procedures for emergency evacuation and standards	4616
requiring that a method of emergency communication be accessible	4617
at all times;	4618

(f) Standards that ensure the protection of children's civil	4619
rights;	4620

(g) Standards for the admission and discharge of children	4621
attending the camp, including standards for emergency discharge.	4622

(2) The camp shall cooperate with any request from the	4623
director for an inspection or for access to records or written	4624
policies of the camp.	4625

Sec. 5103.51. A license issued under section 5103.50 of the	4626
Revised Code is valid for five years, unless earlier revoked by	4627
the director of job and family services. The license may be	4628
renewed.	4629

Each private, nonprofit therapeutic wilderness camp seeking	4630
license renewal shall submit to the director an application for	4631
license renewal on such form as the director prescribes. If the	4632
camp meets the minimum standards specified in section 5103.50 of	4633
the Revised Code, the director shall renew the license.	4634

Sec. 5103.52. (A) The director of job and family services	4635
may inspect a private, nonprofit therapeutic wilderness camp at	4636
any time. The director may delegate this authority to a county	4637
department of job and family services.	4638

(B) The director may request access to the camp's records or	4639
to the written policies adopted by the camp pursuant to section	4640
5103.50 of the Revised Code. The director may delegate this	4641
authority to a county department of job and family services.	4642

Sec. 5103.53. A private, nonprofit therapeutic wilderness	4643
camp shall not operate without a license issued under section	4644
5103.50 of the Revised Code. If the director of job and family	4645
services determines that a camp is operating without a license,	4646
the director may petition the court of common pleas in the county	4647
in which the camp is located for an order enjoining its operation.	4648
The court shall grant injunctive relief upon a showing that the	4649
camp is operating without a license.	4650

Sec. 5103.54. If a licensed private, nonprofit therapeutic	4651
wilderness camp fails to meet the minimum standards set forth in	4652
section 5103.50 of the Revised Code, the director of job and	4653
family services shall notify the camp that the director intends to	4654
revoke the license. Unless the violation poses an imminent risk to	4655
the life, health, or safety of one or more children attending the	4656
camp, the director shall give the camp ninety days to meet the	4657
minimum standards. If the violation poses an imminent risk to the	4658
life, health, or safety of one or more children attending the camp	4659
or the camp fails to meet the minimum standards within ninety days	4660
of receipt of the notice of revocation, the director shall revoke	4661
the license. An order of revocation under this section may be	4662
appealed in accordance with Chapter 119. of the Revised Code.	4663

Sec. 5103.55. A parent of a child attending a private,	4664
nonprofit therapeutic wilderness camp is not relieved of the	4665
parent's obligations regarding compulsory school attendance	4666
pursuant to section 3321.04 of the Revised Code.	4667

Section 2. That existing sections 355.01, 355.03, 355.04,	4668
2151.011, 2151.421, 3712.04, 3712.99, 4715.14, 4715.30, 4715.302,	4669
4723.28, 4723.481, 4723.486, 4723.487, 4725.092, 4725.16, 4725.19,	4670
4729.12, 4729.75, 4729.80, 4729.86, 4729.87, 4730.25, 4730.41,	4671
4730.48, 4730.53, 4731.055, 4731.22, 4731.281, and 5103.02 of the	4672
Revised Code are hereby repealed.	4673

Section 3. Sections 4715.14, 4723.486, 4725.16, 4729.12,	4674
4730.48, and 4731.281 of the Revised Code, as amended by this act,	4675
and section 4729.861, as enacted by this act, shall take effect	4676
January 1, 2015.	4677

Section 4. Sections 4715.30, 4715.302, 4723.28, 4723.487,	4678
4725.092, 4725.19, 4730.25, 4730.53, 4731.055, and 4731.22 of the	4679
Revised Code, as amended by this act, shall take effect April 1,	4680
2015.	4681

Section 5. As used in this section, "licensed health	4682
professional authorized to prescribe drugs" means an individual	4683
who is authorized by law to prescribe drugs, dangerous drugs, or	4684
drug therapy-related devices in the course of the individual's	4685
professional practice, including only the following: a dentist	4686
licensed under Chapter 4715. of the Revised Code, an advanced	4687
practice registered nurse who holds a certificate to prescribe	4688
issued under Chapter 4723. of the Revised Code, an optometrist	4689
licensed under Chapter 4725. of the Revised Code to practice	4690
optometry under a therapeutic pharmaceutical agents certificate, a	4691
physician assistant who holds a certificate to prescribe issued	4692
under Chapter 4730. of the Revised Code, and a physician	4693
authorized under Chapter 4731. of the Revised Code to practice	4694
medicine and surgery, osteopathic medicine and surgery, or	4695
podiatric medicine and surgery.	4696

Not later than January 1, 2015, each licensed health	4697
professional authorized to prescribe drugs who prescribes opioid	4698
analgesics or benzodiazepines as part of the professional's	4699
regular practice and each pharmacist licensed under Chapter 4729.	4700
of the Revised Code shall obtain access to the drug database	4701
established and maintained by the State Board of Pharmacy pursuant	4702
to section 4729.75 of the Revised Code, unless the Board has	4703
restricted the professional or pharmacist from obtaining	4704
information from the database or the Board no longer maintains the	4705
database. Failure to comply with this section constitutes grounds	4706
for certificate or license suspension.	4707

Section 6. The General Assembly, applying the principle	4708
stated in division (B) of section 1.52 of the Revised Code that	4709
amendments are to be harmonized if reasonably capable of	4710
simultaneous operation, finds that the following sections,	4711
presented in this act as composites of the sections as amended by	4712
the acts indicated, are the resulting versions of the sections in	4713
effect prior to the effective date of the sections as presented in	4714
this act:	4715

Section 4715.14 of the Revised Code as amended by both Sub.	4716
H.B. 190 and Sub. H.B. 215 of the 128th General Assembly.	4717

Section 4723.487 of the Revised Code as amended by both Sub.	4718
H.B. 303 and Sub. S.B. 301 of the 129th General Assembly.	4719

Section 4725.16 of the Revised Code as amended by both Am.	4720
Sub. H.B. 59 and Am. Sub. H.B. 98 of the 130th General Assembly.	4721

Section 7. Not later than one year after the effective date	4722
of this act, each hospice care program that holds a license under	4723
Chapter 3712. of the Revised Code on the act's effective date and	4724
that provides hospice care and services in a hospice patient's	4725
home shall submit to the Department of Health written evidence	4726
demonstrating that the program is in compliance with section	4727
3712.062 of the Revised Code, as enacted by this act. After a	4728
review of the evidence submitted, if the Department determines	4729
that the program is not in compliance with that section, the	4730
Department may suspend the program's license for not more than six	4731
months and impose a fine not to exceed twenty thousand dollars.	4732

Section 8. The amendments to divisions (B)(49) and (50) of	4733
section 2151.011 of the Revised Code by Am. Sub. H.B. 59 of the	4734
130th General Assembly, which appear in this act and are to take	4735
effect on July 1, 2014, are not accelerated by their inclusion in	4736
this act.	4737

Section 9. (A) The State Medical Board may conduct a pilot	4738
program under which any method of teleconferencing, including	4739
interactive video teleconferencing, may be used for purposes of	4740
any of the Board's committee meetings, including committee	4741
meetings at which licenses or certificates are issued. If a pilot	4742
program is conducted, the Board may permit any of its members to	4743
attend a committee meeting by teleconference in lieu of being	4744
physically present at the meeting. A member who attends a meeting	4745
by teleconference shall be counted in determining whether a quorum	4746
is present at the meeting and shall be permitted to participate in	4747
any vote taken at the meeting.	4748

A pilot program conducted under this section may be commenced	4749
at any time on or after the effective date of this section. The	4750
pilot program shall conclude two years after the date it is	4751
commenced.	4752

After a pilot program conducted under this section concludes,	4753
the Board shall prepare a report of its findings and	4754
recommendations. The report shall include a description of the	4755
effects that the use of teleconferencing had on the Board's	4756
committee and licensing operations, Board member participation in	4757
committee meetings, and public attendance at committee meetings.	4758
The Board shall submit the report to the Governor and, in	4759
accordance with section 101.68 of the Revised Code, the General	4760
Assembly.	4761

(B) Notwithstanding division (C) of section 121.22 of the	4762
Revised Code, the requirement for a member's presence in person at	4763
a meeting to be considered part of a quorum or to vote does not	4764
apply to any meeting at which the Board permits the use of	4765
teleconferencing under a pilot program conducted under this	4766
section.	4767

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Bill Text: OH HB485 | 2013-2014 | 130th General Assembly | Engrossed

Ohio House Bill 485 (Prior Session Legislation)

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