Bill Text: OH HB531 | 2013-2014 | 130th General Assembly | Engrossed

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Bill Title: To authorize the State Medical Board to fine certain professionals it regulates for failing to comply with continuing education requirements without suspending the individual's license or certificate to practice, to authorize the Board to fine the professionals it regulates for violating law administered by the Board, and to impose additional terms and conditions for physician certificate restoration.

Spectrum: Slight Partisan Bill (Republican 13-5)

Status: (Engrossed - Dead) 2014-11-20 - To Medicaid, Health & Human Services [HB531 Detail]

Download: Ohio-2013-HB531-Engrossed.html

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As Passed by the House

130th General Assembly Regular Session 2013-2014

Am. H. B. No. 531

Representative Gonzales 

Cosponsors: Representatives DeVitis, Wachtmann, Amstutz, Anielski, Blessing, Brown, Duffey, Fedor, Green, Letson, Mallory, McClain, McGregor, Milkovich, Smith, Terhar Speaker Batchelder 

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A BILL

To amend sections 4730.14, 4731.22, 4731.222,

1

4731.225, 4731.24, 4731.281, and 4778.06 and to

2

enact sections 4730.252, 4760.133, 4762.133,

3

4774.133, and 4778.141 of the Revised Code to

4

authorize the State Medical Board to fine certain

5

professionals it regulates for failing to comply

6

with continuing education requirements without

7

suspending the individual's license or certificate

8

to practice, to authorize the Board to fine the

9

professionals it regulates for violating law

10

administered by the Board, and to impose

11

additional terms and conditions for physician

12

certificate restoration.

13

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

Section 1. That sections 4730.14, 4731.22, 4731.222,	14
4731.225, 4731.24, 4731.281, and 4778.06 be amended and sections	15
4730.252, 4760.133, 4762.133, 4774.133, and 4778.141 of the	16
Revised Code be enacted to read as follows:	17

Sec. 4730.14.  (A) A certificate to practice as a physician	18
assistant shall expire biennially and may be renewed in accordance	19
with this section. A person seeking to renew a certificate to	20
practice as a physician assistant shall, on or before the	21
thirty-first day of January of each even-numbered year, apply for	22
renewal of the certificate. The state medical board shall send	23
renewal notices at least one month prior to the expiration date.	24

Applications shall be submitted to the board on forms the	25
board shall prescribe and furnish. Each application shall be	26
accompanied by a biennial renewal fee of one hundred dollars. The	27
board shall deposit the fees in accordance with section 4731.24 of	28
the Revised Code.	29

The applicant shall report any criminal offense that	30
constitutes grounds for refusing to issue a certificate to	31
practice under section 4730.25 of the Revised Code to which the	32
applicant has pleaded guilty, of which the applicant has been	33
found guilty, or for which the applicant has been found eligible	34
for intervention in lieu of conviction, since last signing an	35
application for a certificate to practice as a physician	36
assistant.	37

(B) To be eligible for renewal, a physician assistant shall	38
certify to the board both of the following:	39

(1) That the physician assistant has maintained certification	40
by the national commission on certification of physician	41
assistants or a successor organization that is recognized by the	42
board by meeting the standards to hold current certification from	43
the commission or its successor, including completion of	44
continuing medical education requirements and passing periodic	45
recertification examinations;	46

(2) Except as provided in division (F) of this section and	47
section 5903.12 of the Revised Code, that the physician assistant	48
has completed during the current certification period not less	49
than one hundred hours of continuing medical education acceptable	50
to the board.	51

(C) The board shall adopt rules in accordance with Chapter	52
119. of the Revised Code specifying the types of continuing	53
medical education that must be completed to fulfill the board's	54
requirements under division (B)(2) of this section. Except when	55
additional continuing medical education is required to renew a	56
certificate to prescribe, as specified in section 4730.49 of the	57
Revised Code, the board shall not adopt rules that require a	58
physician assistant to complete in any certification period more	59
than one hundred hours of continuing medical education acceptable	60
to the board. In fulfilling the board's requirements, a physician	61
assistant may use continuing medical education courses or programs	62
completed to maintain certification by the national commission on	63
certification of physician assistants or a successor organization	64
that is recognized by the board if the standards for acceptable	65
courses and programs of the commission or its successor are at	66
least equivalent to the standards established by the board.	67

(D) If an applicant submits a complete renewal application	68
and qualifies for renewal pursuant to division (B) of this	69
section, the board shall issue to the applicant a renewed	70
certificate to practice as a physician assistant.	71

(E) The board may require a random sample of physician	72
assistants to submit materials documenting certification by the	73
national commission on certification of physician assistants or a	74
successor organization that is recognized by the board and	75
completion of the required number of hours of continuing medical	76
education.	77

(F) The board shall provide for pro rata reductions by month	78
of the number of hours of continuing education that must be	79
completed for individuals who are in their first certification	80
period, who have been disabled due to illness or accident, or who	81
have been absent from the country. The board shall adopt rules, in	82
accordance with Chapter 119. of the Revised Code, as necessary to	83
implement this division.	84

(G)(1) A certificate to practice that is not renewed on or	85
before its expiration date is automatically suspended on its	86
expiration date. Continued practice after suspension of the	87
certificate shall be considered as practicing in violation of	88
division (A) of section 4730.02 of the Revised Code.	89

(2) If a certificate has been suspended pursuant to division	90
(G)(1) of this section for two years or less, it may be	91
reinstated. The board shall reinstate a certificate suspended for	92
failure to renew upon an applicant's submission of a renewal	93
application, the biennial renewal fee, and any applicable monetary	94
penalty.	95

If a certificate has been suspended pursuant to division	96
(G)(1) of this division for more than two years, it may be	97
restored. In accordance with section 4730.28 of the Revised Code,	98
the board may restore a certificate suspended for failure to renew	99
upon an applicant's submission of a restoration application, the	100
biennial renewal fee, and any applicable monetary penalty and	101
compliance with sections 4776.01 to 4776.04 of the Revised Code.	102
The board shall not restore to an applicant a certificate to	103
practice as a physician assistant unless the board, in its	104
discretion, decides that the results of the criminal records check	105
do not make the applicant ineligible for a certificate issued	106
pursuant to section 4730.12 of the Revised Code.	107

The penalty for reinstatement shall be fifty dollars and the	108
penalty for restoration shall be one hundred dollars. The board	109
shall deposit penalties in accordance with section 4731.24 of the	110
Revised Code.	111

(H) If an individual certifies that the individual has	112
completed the number of hours and type of continuing medical	113
education required for renewal or reinstatement of a certificate	114
to practice as a physician assistant, and the board finds through	115
a random sample conducted under division (E) of this section or	116
through any other means that the individual did not complete the	117
requisite continuing medical education, theThe board may impose a	118
civil penalty of not more than five thousand dollars if, through a	119
random sample it conducts under this section or through other	120
means, it finds that an individual certified that the individual	121
completed the number of hours and type of continuing medical	122
education required for renewal of a certificate to practice as a	123
physician assistant when the individual did not fulfill the	124
requirement. The board's finding shall be made pursuant to an	125
adjudication under Chapter 119. of the Revised Code and by an	126
affirmative vote of not fewer than six members.	127

A civil penalty imposed under this division may be in	128
addition to or in lieu of any other action the board may take	129
under section 4730.25 of the Revised Code. The board shall deposit	130
civil penalties in accordance with section 4731.24shall not	131
conduct an adjudication under Chapter 119. of the Revised Code if	132
the board imposes only a civil penalty.	133

Pursuant to section 4730.25 of the Revised Code, the board	134
may suspend an individual's certificate to practice as a physician	135
assistant for failure to renew the certificate and comply with	136
this section. If an individual continues to practice after	137
suspension, that activity constitutes practicing in violation of	138
section 4730.02 of the Revised Code. If the certificate has been	139
suspended for two years or less, it may be reinstated. The board	140
shall reinstate a certificate to practice as a physician assistant	141
for failure to renew on an applicant's submission of a renewal	142
application, the biennial renewal fee, and the applicable monetary	143
penalty. If the certificate has been suspended for more than two	144
years, it may be restored. Subject to section 4730.28 of the	145
Revised Code, the board may restore a certificate to practice as a	146
physician assistant suspended for failure to renew on an	147
applicant's submission of a restoration application, the biennial	148
renewal fee, and the applicable monetary penalty and compliance	149
with sections 4776.01 to 4776.04 of the Revised Code. The board	150
shall not restore an applicant's certificate to practice as a	151
physician assistant unless the board decides that the results of	152
the criminal records check do not make the applicant ineligible	153
for a certificate issued pursuant to section 4730.12 of the	154
Revised Code.	155

The monetary penalty for reinstatement is fifty dollars. The	156
monetary penalty for restoration is one hundred dollars.	157

Amounts received from payment of civil penalties and monetary	158
penalties imposed under this division shall be deposited in	159
accordance with section 4731.24 of the Revised Code.	160

Sec. 4730.252.  If a physician assistant violates any section	161
of this chapter other than section 4730.14 of the Revised Code or	162
violates any rule adopted under this chapter, the state medical	163
board may, pursuant to an adjudication under Chapter 119. of the	164
Revised Code and an affirmative vote of not fewer than six of its	165
members, impose a civil penalty in an amount specified by the	166
board, which may be up to, but not more than twenty thousand	167
dollars. The civil penalty may be in addition to any other action	168
the board may take under section 4730.25 of the Revised Code.	169

The board shall adopt and may amend guidelines regarding the	170
amounts of civil penalties to be imposed under this section.	171
Adoption or any amendment of the guidelines requires the approval	172
of not fewer than six board members.	173

Amounts received from payment of civil penalties imposed	174
under this section shall be deposited by the board in accordance	175
with section 4731.24 of the Revised Code. Amounts received from	176
payment of civil penalties imposed for violations of division	177
(B)(5) of section 4730.25 of the Revised Code shall be used by the	178
board solely for investigation, enforcement, and compliance	179
monitoring.	180

Sec. 4731.22.  (A) The state medical board, by an affirmative	181
vote of not fewer than six of its members, may limit, revoke, or	182
suspend an individual's certificate to practice, refuse to grant a	183
certificate to an individual, refuse to register an individual,	184
refuse to reinstate a certificate, or reprimand or place on	185
probation the holder of a certificate if the individual or	186
certificate holder is found by the board to have committed fraud	187
during the administration of the examination for a certificate to	188
practice or to have committed fraud, misrepresentation, or	189
deception in applying for or securing any certificate to practice	190
or certificate of registration issued by the board.	191

(B) The board, by an affirmative vote of not fewer than six	192
members, shall, to the extent permitted by law, limit, revoke, or	193
suspend an individual's certificate to practice, refuse to	194
register an individual, refuse to reinstate a certificate, or	195
reprimand or place on probation the holder of a certificate for	196
one or more of the following reasons:	197

(1) Permitting one's name or one's certificate to practice or	198
certificate of registration to be used by a person, group, or	199
corporation when the individual concerned is not actually	200
directing the treatment given;	201

(2) Failure to maintain minimal standards applicable to the	202
selection or administration of drugs, or failure to employ	203
acceptable scientific methods in the selection of drugs or other	204
modalities for treatment of disease;	205

(3) Selling, giving away, personally furnishing, prescribing,	206
or administering drugs for other than legal and legitimate	207
therapeutic purposes or a plea of guilty to, a judicial finding of	208
guilt of, or a judicial finding of eligibility for intervention in	209
lieu of conviction of, a violation of any federal or state law	210
regulating the possession, distribution, or use of any drug;	211

(4) Willfully betraying a professional confidence.

212

For purposes of this division, "willfully betraying a	213
professional confidence" does not include providing any	214
information, documents, or reports to a child fatality review	215
board under sections 307.621 to 307.629 of the Revised Code and	216
does not include the making of a report of an employee's use of a	217
drug of abuse, or a report of a condition of an employee other	218
than one involving the use of a drug of abuse, to the employer of	219
the employee as described in division (B) of section 2305.33 of	220
the Revised Code. Nothing in this division affects the immunity	221
from civil liability conferred by that section upon a physician	222
who makes either type of report in accordance with division (B) of	223
that section. As used in this division, "employee," "employer,"	224
and "physician" have the same meanings as in section 2305.33 of	225
the Revised Code.	226

(5) Making a false, fraudulent, deceptive, or misleading	227
statement in the solicitation of or advertising for patients; in	228
relation to the practice of medicine and surgery, osteopathic	229
medicine and surgery, podiatric medicine and surgery, or a limited	230
branch of medicine; or in securing or attempting to secure any	231
certificate to practice or certificate of registration issued by	232
the board.	233

As used in this division, "false, fraudulent, deceptive, or	234
misleading statement" means a statement that includes a	235
misrepresentation of fact, is likely to mislead or deceive because	236
of a failure to disclose material facts, is intended or is likely	237
to create false or unjustified expectations of favorable results,	238
or includes representations or implications that in reasonable	239
probability will cause an ordinarily prudent person to	240
misunderstand or be deceived.	241

(6) A departure from, or the failure to conform to, minimal	242
standards of care of similar practitioners under the same or	243
similar circumstances, whether or not actual injury to a patient	244
is established;	245

(7) Representing, with the purpose of obtaining compensation	246
or other advantage as personal gain or for any other person, that	247
an incurable disease or injury, or other incurable condition, can	248
be permanently cured;	249

(8) The obtaining of, or attempting to obtain, money or	250
anything of value by fraudulent misrepresentations in the course	251
of practice;	252

(9) A plea of guilty to, a judicial finding of guilt of, or a	253
judicial finding of eligibility for intervention in lieu of	254
conviction for, a felony;	255

(10) Commission of an act that constitutes a felony in this	256
state, regardless of the jurisdiction in which the act was	257
committed;	258

(11) A plea of guilty to, a judicial finding of guilt of, or	259
a judicial finding of eligibility for intervention in lieu of	260
conviction for, a misdemeanor committed in the course of practice;	261

(12) Commission of an act in the course of practice that	262
constitutes a misdemeanor in this state, regardless of the	263
jurisdiction in which the act was committed;	264

(13) A plea of guilty to, a judicial finding of guilt of, or	265
a judicial finding of eligibility for intervention in lieu of	266
conviction for, a misdemeanor involving moral turpitude;	267

(14) Commission of an act involving moral turpitude that	268
constitutes a misdemeanor in this state, regardless of the	269
jurisdiction in which the act was committed;	270

(15) Violation of the conditions of limitation placed by the	271
board upon a certificate to practice;	272

(16) Failure to pay license renewal fees specified in this	273
chapter;	274

(17) Except as authorized in section 4731.31 of the Revised	275
Code, engaging in the division of fees for referral of patients,	276
or the receiving of a thing of value in return for a specific	277
referral of a patient to utilize a particular service or business;	278

(18) Subject to section 4731.226 of the Revised Code,	279
violation of any provision of a code of ethics of the American	280
medical association, the American osteopathic association, the	281
American podiatric medical association, or any other national	282
professional organizations that the board specifies by rule. The	283
state medical board shall obtain and keep on file current copies	284
of the codes of ethics of the various national professional	285
organizations. The individual whose certificate is being suspended	286
or revoked shall not be found to have violated any provision of a	287
code of ethics of an organization not appropriate to the	288
individual's profession.	289

For purposes of this division, a "provision of a code of	290
ethics of a national professional organization" does not include	291
any provision that would preclude the making of a report by a	292
physician of an employee's use of a drug of abuse, or of a	293
condition of an employee other than one involving the use of a	294
drug of abuse, to the employer of the employee as described in	295
division (B) of section 2305.33 of the Revised Code. Nothing in	296
this division affects the immunity from civil liability conferred	297
by that section upon a physician who makes either type of report	298
in accordance with division (B) of that section. As used in this	299
division, "employee," "employer," and "physician" have the same	300
meanings as in section 2305.33 of the Revised Code.	301

(19) Inability to practice according to acceptable and	302
prevailing standards of care by reason of mental illness or	303
physical illness, including, but not limited to, physical	304
deterioration that adversely affects cognitive, motor, or	305
perceptive skills.	306

In enforcing this division, the board, upon a showing of a	307
possible violation, may compel any individual authorized to	308
practice by this chapter or who has submitted an application	309
pursuant to this chapter to submit to a mental examination,	310
physical examination, including an HIV test, or both a mental and	311
a physical examination. The expense of the examination is the	312
responsibility of the individual compelled to be examined. Failure	313
to submit to a mental or physical examination or consent to an HIV	314
test ordered by the board constitutes an admission of the	315
allegations against the individual unless the failure is due to	316
circumstances beyond the individual's control, and a default and	317
final order may be entered without the taking of testimony or	318
presentation of evidence. If the board finds an individual unable	319
to practice because of the reasons set forth in this division, the	320
board shall require the individual to submit to care, counseling,	321
or treatment by physicians approved or designated by the board, as	322
a condition for initial, continued, reinstated, or renewed	323
authority to practice. An individual affected under this division	324
shall be afforded an opportunity to demonstrate to the board the	325
ability to resume practice in compliance with acceptable and	326
prevailing standards under the provisions of the individual's	327
certificate. For the purpose of this division, any individual who	328
applies for or receives a certificate to practice under this	329
chapter accepts the privilege of practicing in this state and, by	330
so doing, shall be deemed to have given consent to submit to a	331
mental or physical examination when directed to do so in writing	332
by the board, and to have waived all objections to the	333
admissibility of testimony or examination reports that constitute	334
a privileged communication.	335

(20) Except when civil penalties are imposed under section	336
4731.225 or division (D) of section 4731.281 of the Revised Code	337
without any other action the board may take under this section,	338
and subject to section 4731.226 of the Revised Code, violating or	339
attempting to violate, directly or indirectly, or assisting in or	340
abetting the violation of, or conspiring to violate, any	341
provisions of this chapter or any rule promulgated by the board.	342

This division does not apply to a violation or attempted	343
violation of, assisting in or abetting the violation of, or a	344
conspiracy to violate, any provision of this chapter or any rule	345
adopted by the board that would preclude the making of a report by	346
a physician of an employee's use of a drug of abuse, or of a	347
condition of an employee other than one involving the use of a	348
drug of abuse, to the employer of the employee as described in	349
division (B) of section 2305.33 of the Revised Code. Nothing in	350
this division affects the immunity from civil liability conferred	351
by that section upon a physician who makes either type of report	352
in accordance with division (B) of that section. As used in this	353
division, "employee," "employer," and "physician" have the same	354
meanings as in section 2305.33 of the Revised Code.	355

(21) The violation of section 3701.79 of the Revised Code or	356
of any abortion rule adopted by the public health council pursuant	357
to section 3701.341 of the Revised Code;	358

(22) Any of the following actions taken by an agency	359
responsible for authorizing, certifying, or regulating an	360
individual to practice a health care occupation or provide health	361
care services in this state or another jurisdiction, for any	362
reason other than the nonpayment of fees: the limitation,	363
revocation, or suspension of an individual's license to practice;	364
acceptance of an individual's license surrender; denial of a	365
license; refusal to renew or reinstate a license; imposition of	366
probation; or issuance of an order of censure or other reprimand;	367

(23) The violation of section 2919.12 of the Revised Code or	368
the performance or inducement of an abortion upon a pregnant woman	369
with actual knowledge that the conditions specified in division	370
(B) of section 2317.56 of the Revised Code have not been satisfied	371
or with a heedless indifference as to whether those conditions	372
have been satisfied, unless an affirmative defense as specified in	373
division (H)(2) of that section would apply in a civil action	374
authorized by division (H)(1) of that section;	375

(24) The revocation, suspension, restriction, reduction, or	376
termination of clinical privileges by the United States department	377
of defense or department of veterans affairs or the termination or	378
suspension of a certificate of registration to prescribe drugs by	379
the drug enforcement administration of the United States	380
department of justice;	381

(25) Termination or suspension from participation in the	382
medicare or medicaid programs by the department of health and	383
human services or other responsible agency for any act or acts	384
that also would constitute a violation of division (B)(2), (3),	385
(6), (8), or (19) of this section;	386

(26) Impairment of ability to practice according to	387
acceptable and prevailing standards of care because of habitual or	388
excessive use or abuse of drugs, alcohol, or other substances that	389
impair ability to practice.	390

For the purposes of this division, any individual authorized	391
to practice by this chapter accepts the privilege of practicing in	392
this state subject to supervision by the board. By filing an	393
application for or holding a certificate to practice under this	394
chapter, an individual shall be deemed to have given consent to	395
submit to a mental or physical examination when ordered to do so	396
by the board in writing, and to have waived all objections to the	397
admissibility of testimony or examination reports that constitute	398
privileged communications.	399

If it has reason to believe that any individual authorized to	400
practice by this chapter or any applicant for certification to	401
practice suffers such impairment, the board may compel the	402
individual to submit to a mental or physical examination, or both.	403
The expense of the examination is the responsibility of the	404
individual compelled to be examined. Any mental or physical	405
examination required under this division shall be undertaken by a	406
treatment provider or physician who is qualified to conduct the	407
examination and who is chosen by the board.	408

Failure to submit to a mental or physical examination ordered	409
by the board constitutes an admission of the allegations against	410
the individual unless the failure is due to circumstances beyond	411
the individual's control, and a default and final order may be	412
entered without the taking of testimony or presentation of	413
evidence. If the board determines that the individual's ability to	414
practice is impaired, the board shall suspend the individual's	415
certificate or deny the individual's application and shall require	416
the individual, as a condition for initial, continued, reinstated,	417
or renewed certification to practice, to submit to treatment.	418

Before being eligible to apply for reinstatement of a	419
certificate suspended under this division, the impaired	420
practitioner shall demonstrate to the board the ability to resume	421
practice in compliance with acceptable and prevailing standards of	422
care under the provisions of the practitioner's certificate. The	423
demonstration shall include, but shall not be limited to, the	424
following:	425

(a) Certification from a treatment provider approved under	426
section 4731.25 of the Revised Code that the individual has	427
successfully completed any required inpatient treatment;	428

(b) Evidence of continuing full compliance with an aftercare	429
contract or consent agreement;	430

(c) Two written reports indicating that the individual's	431
ability to practice has been assessed and that the individual has	432
been found capable of practicing according to acceptable and	433
prevailing standards of care. The reports shall be made by	434
individuals or providers approved by the board for making the	435
assessments and shall describe the basis for their determination.	436

The board may reinstate a certificate suspended under this	437
division after that demonstration and after the individual has	438
entered into a written consent agreement.	439

When the impaired practitioner resumes practice, the board	440
shall require continued monitoring of the individual. The	441
monitoring shall include, but not be limited to, compliance with	442
the written consent agreement entered into before reinstatement or	443
with conditions imposed by board order after a hearing, and, upon	444
termination of the consent agreement, submission to the board for	445
at least two years of annual written progress reports made under	446
penalty of perjury stating whether the individual has maintained	447
sobriety.	448

(27) A second or subsequent violation of section 4731.66 or	449
4731.69 of the Revised Code;	450

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

451

(a) Waiving the payment of all or any part of a deductible or	452
copayment that a patient, pursuant to a health insurance or health	453
care policy, contract, or plan that covers the individual's	454
services, otherwise would be required to pay if the waiver is used	455
as an enticement to a patient or group of patients to receive	456
health care services from that individual;	457

(b) Advertising that the individual will waive the payment of	458
all or any part of a deductible or copayment that a patient,	459
pursuant to a health insurance or health care policy, contract, or	460
plan that covers the individual's services, otherwise would be	461
required to pay.	462

(29) Failure to use universal blood and body fluid	463
precautions established by rules adopted under section 4731.051 of	464
the Revised Code;	465

(30) Failure to provide notice to, and receive acknowledgment	466
of the notice from, a patient when required by section 4731.143 of	467
the Revised Code prior to providing nonemergency professional	468
services, or failure to maintain that notice in the patient's	469
file;	470

(31) Failure of a physician supervising a physician assistant	471
to maintain supervision in accordance with the requirements of	472
Chapter 4730. of the Revised Code and the rules adopted under that	473
chapter;	474

(32) Failure of a physician or podiatrist to enter into a	475
standard care arrangement with a clinical nurse specialist,	476
certified nurse-midwife, or certified nurse practitioner with whom	477
the physician or podiatrist is in collaboration pursuant to	478
section 4731.27 of the Revised Code or failure to fulfill the	479
responsibilities of collaboration after entering into a standard	480
care arrangement;	481

(33) Failure to comply with the terms of a consult agreement	482
entered into with a pharmacist pursuant to section 4729.39 of the	483
Revised Code;	484

(34) Failure to cooperate in an investigation conducted by	485
the board under division (F) of this section, including failure to	486
comply with a subpoena or order issued by the board or failure to	487
answer truthfully a question presented by the board in an	488
investigative interview, an investigative office conference, at a	489
deposition, or in written interrogatories, except that failure to	490
cooperate with an investigation shall not constitute grounds for	491
discipline under this section if a court of competent jurisdiction	492
has issued an order that either quashes a subpoena or permits the	493
individual to withhold the testimony or evidence in issue;	494

(35) Failure to supervise an oriental medicine practitioner	495
or acupuncturist in accordance with Chapter 4762. of the Revised	496
Code and the board's rules for providing that supervision;	497

(36) Failure to supervise an anesthesiologist assistant in	498
accordance with Chapter 4760. of the Revised Code and the board's	499
rules for supervision of an anesthesiologist assistant;	500

(37) Assisting suicide as defined in section 3795.01 of the	501
Revised Code;	502

(38) Failure to comply with the requirements of section	503
2317.561 of the Revised Code;	504

(39) Failure to supervise a radiologist assistant in	505
accordance with Chapter 4774. of the Revised Code and the board's	506
rules for supervision of radiologist assistants;	507

(40) Performing or inducing an abortion at an office or	508
facility with knowledge that the office or facility fails to post	509
the notice required under section 3701.791 of the Revised Code;	510

(41) Failure to comply with the standards and procedures	511
established in rules under section 4731.054 of the Revised Code	512
for the operation of or the provision of care at a pain management	513
clinic;	514

(42) Failure to comply with the standards and procedures	515
established in rules under section 4731.054 of the Revised Code	516
for providing supervision, direction, and control of individuals	517
at a pain management clinic;	518

(43) Failure to comply with the requirements of section	519
4729.79 of the Revised Code, unless the state board of pharmacy no	520
longer maintains a drug database pursuant to section 4729.75 of	521
the Revised Code;	522

(44) Failure to comply with the requirements of section	523
2919.171 of the Revised Code or failure to submit to the	524
department of health in accordance with a court order a complete	525
report as described in section 2919.171 of the Revised Code;	526

(45) Practicing at a facility that is subject to licensure as	527
a category III terminal distributor of dangerous drugs with a pain	528
management clinic classification unless the person operating the	529
facility has obtained and maintains the license with the	530
classification;	531

(46) Owning a facility that is subject to licensure as a	532
category III terminal distributor of dangerous drugs with a pain	533
management clinic classification unless the facility is licensed	534
with the classification;	535

(47) Failure to comply with the requirement regarding	536
maintaining notes described in division (B) of section 2919.191 of	537
the Revised Code or failure to satisfy the requirements of section	538
2919.191 of the Revised Code prior to performing or inducing an	539
abortion upon a pregnant woman.	540

(C) Disciplinary actions taken by the board under divisions	541
(A) and (B) of this section shall be taken pursuant to an	542
adjudication under Chapter 119. of the Revised Code, except that	543
in lieu of an adjudication, the board may enter into a consent	544
agreement with an individual to resolve an allegation of a	545
violation of this chapter or any rule adopted under it. A consent	546
agreement, when ratified by an affirmative vote of not fewer than	547
six members of the board, shall constitute the findings and order	548
of the board with respect to the matter addressed in the	549
agreement. If the board refuses to ratify a consent agreement, the	550
admissions and findings contained in the consent agreement shall	551
be of no force or effect.	552

A telephone conference call may be utilized for ratification	553
of a consent agreement that revokes or suspends an individual's	554
certificate to practice. The telephone conference call shall be	555
considered a special meeting under division (F) of section 121.22	556
of the Revised Code.	557

If the board takes disciplinary action against an individual	558
under division (B) of this section for a second or subsequent plea	559
of guilty to, or judicial finding of guilt of, a violation of	560
section 2919.123 of the Revised Code, the disciplinary action	561
shall consist of a suspension of the individual's certificate to	562
practice for a period of at least one year or, if determined	563
appropriate by the board, a more serious sanction involving the	564
individual's certificate to practice. Any consent agreement	565
entered into under this division with an individual that pertains	566
to a second or subsequent plea of guilty to, or judicial finding	567
of guilt of, a violation of that section shall provide for a	568
suspension of the individual's certificate to practice for a	569
period of at least one year or, if determined appropriate by the	570
board, a more serious sanction involving the individual's	571
certificate to practice.	572

(D) For purposes of divisions (B)(10), (12), and (14) of this	573
section, the commission of the act may be established by a finding	574
by the board, pursuant to an adjudication under Chapter 119. of	575
the Revised Code, that the individual committed the act. The board	576
does not have jurisdiction under those divisions if the trial	577
court renders a final judgment in the individual's favor and that	578
judgment is based upon an adjudication on the merits. The board	579
has jurisdiction under those divisions if the trial court issues	580
an order of dismissal upon technical or procedural grounds.	581

(E) The sealing of conviction records by any court shall have	582
no effect upon a prior board order entered under this section or	583
upon the board's jurisdiction to take action under this section	584
if, based upon a plea of guilty, a judicial finding of guilt, or a	585
judicial finding of eligibility for intervention in lieu of	586
conviction, the board issued a notice of opportunity for a hearing	587
prior to the court's order to seal the records. The board shall	588
not be required to seal, destroy, redact, or otherwise modify its	589
records to reflect the court's sealing of conviction records.	590

(F)(1) The board shall investigate evidence that appears to	591
show that a person has violated any provision of this chapter or	592
any rule adopted under it. Any person may report to the board in a	593
signed writing any information that the person may have that	594
appears to show a violation of any provision of this chapter or	595
any rule adopted under it. In the absence of bad faith, any person	596
who reports information of that nature or who testifies before the	597
board in any adjudication conducted under Chapter 119. of the	598
Revised Code shall not be liable in damages in a civil action as a	599
result of the report or testimony. Each complaint or allegation of	600
a violation received by the board shall be assigned a case number	601
and shall be recorded by the board.	602

(2) Investigations of alleged violations of this chapter or	603
any rule adopted under it shall be supervised by the supervising	604
member elected by the board in accordance with section 4731.02 of	605
the Revised Code and by the secretary as provided in section	606
4731.39 of the Revised Code. The president may designate another	607
member of the board to supervise the investigation in place of the	608
supervising member. No member of the board who supervises the	609
investigation of a case shall participate in further adjudication	610
of the case.	611

(3) In investigating a possible violation of this chapter or	612
any rule adopted under this chapter, or in conducting an	613
inspection under division (E) of section 4731.054 of the Revised	614
Code, the board may question witnesses, conduct interviews,	615
administer oaths, order the taking of depositions, inspect and	616
copy any books, accounts, papers, records, or documents, issue	617
subpoenas, and compel the attendance of witnesses and production	618
of books, accounts, papers, records, documents, and testimony,	619
except that a subpoena for patient record information shall not be	620
issued without consultation with the attorney general's office and	621
approval of the secretary and supervising member of the board.	622

(a) Before issuance of a subpoena for patient record	623
information, the secretary and supervising member shall determine	624
whether there is probable cause to believe that the complaint	625
filed alleges a violation of this chapter or any rule adopted	626
under it and that the records sought are relevant to the alleged	627
violation and material to the investigation. The subpoena may	628
apply only to records that cover a reasonable period of time	629
surrounding the alleged violation.	630

(b) On failure to comply with any subpoena issued by the	631
board and after reasonable notice to the person being subpoenaed,	632
the board may move for an order compelling the production of	633
persons or records pursuant to the Rules of Civil Procedure.	634

(c) A subpoena issued by the board may be served by a	635
sheriff, the sheriff's deputy, or a board employee designated by	636
the board. Service of a subpoena issued by the board may be made	637
by delivering a copy of the subpoena to the person named therein,	638
reading it to the person, or leaving it at the person's usual	639
place of residence, usual place of business, or address on file	640
with the board. When serving a subpoena to an applicant for or the	641
holder of a certificate issued under this chapter, service of the	642
subpoena may be made by certified mail, return receipt requested,	643
and the subpoena shall be deemed served on the date delivery is	644
made or the date the person refuses to accept delivery. If the	645
person being served refuses to accept the subpoena or is not	646
located, service may be made to an attorney who notifies the board	647
that the attorney is representing the person.	648

(d) A sheriff's deputy who serves a subpoena shall receive	649
the same fees as a sheriff. Each witness who appears before the	650
board in obedience to a subpoena shall receive the fees and	651
mileage provided for under section 119.094 of the Revised Code.	652

(4) All hearings, investigations, and inspections of the	653
board shall be considered civil actions for the purposes of	654
section 2305.252 of the Revised Code.	655

(5) A report required to be submitted to the board under this	656
chapter, a complaint, or information received by the board	657
pursuant to an investigation or pursuant to an inspection under	658
division (E) of section 4731.054 of the Revised Code is	659
confidential and not subject to discovery in any civil action.	660

The board shall conduct all investigations or inspections and	661
proceedings in a manner that protects the confidentiality of	662
patients and persons who file complaints with the board. The board	663
shall not make public the names or any other identifying	664
information about patients or complainants unless proper consent	665
is given or, in the case of a patient, a waiver of the patient	666
privilege exists under division (B) of section 2317.02 of the	667
Revised Code, except that consent or a waiver of that nature is	668
not required if the board possesses reliable and substantial	669
evidence that no bona fide physician-patient relationship exists.	670

The board may share any information it receives pursuant to	671
an investigation or inspection, including patient records and	672
patient record information, with law enforcement agencies, other	673
licensing boards, and other governmental agencies that are	674
prosecuting, adjudicating, or investigating alleged violations of	675
statutes or administrative rules. An agency or board that receives	676
the information shall comply with the same requirements regarding	677
confidentiality as those with which the state medical board must	678
comply, notwithstanding any conflicting provision of the Revised	679
Code or procedure of the agency or board that applies when it is	680
dealing with other information in its possession. In a judicial	681
proceeding, the information may be admitted into evidence only in	682
accordance with the Rules of Evidence, but the court shall require	683
that appropriate measures are taken to ensure that confidentiality	684
is maintained with respect to any part of the information that	685
contains names or other identifying information about patients or	686
complainants whose confidentiality was protected by the state	687
medical board when the information was in the board's possession.	688
Measures to ensure confidentiality that may be taken by the court	689
include sealing its records or deleting specific information from	690
its records.	691

(6) On a quarterly basis, the board shall prepare a report	692
that documents the disposition of all cases during the preceding	693
three months. The report shall contain the following information	694
for each case with which the board has completed its activities:	695

(a) The case number assigned to the complaint or alleged	696
violation;	697

(b) The type of certificate to practice, if any, held by the	698
individual against whom the complaint is directed;	699

(c) A description of the allegations contained in the	700
complaint;	701

(d) The disposition of the case.

702

The report shall state how many cases are still pending and	703
shall be prepared in a manner that protects the identity of each	704
person involved in each case. The report shall be a public record	705
under section 149.43 of the Revised Code.	706

(G) If the secretary and supervising member determine both of	707
the following, they may recommend that the board suspend an	708
individual's certificate to practice without a prior hearing:	709

(1) That there is clear and convincing evidence that an	710
individual has violated division (B) of this section;	711

(2) That the individual's continued practice presents a	712
danger of immediate and serious harm to the public.	713

Written allegations shall be prepared for consideration by	714
the board. The board, upon review of those allegations and by an	715
affirmative vote of not fewer than six of its members, excluding	716
the secretary and supervising member, may suspend a certificate	717
without a prior hearing. A telephone conference call may be	718
utilized for reviewing the allegations and taking the vote on the	719
summary suspension.	720

The board shall issue a written order of suspension by	721
certified mail or in person in accordance with section 119.07 of	722
the Revised Code. The order shall not be subject to suspension by	723
the court during pendency of any appeal filed under section 119.12	724
of the Revised Code. If the individual subject to the summary	725
suspension requests an adjudicatory hearing by the board, the date	726
set for the hearing shall be within fifteen days, but not earlier	727
than seven days, after the individual requests the hearing, unless	728
otherwise agreed to by both the board and the individual.	729

Any summary suspension imposed under this division shall	730
remain in effect, unless reversed on appeal, until a final	731
adjudicative order issued by the board pursuant to this section	732
and Chapter 119. of the Revised Code becomes effective. The board	733
shall issue its final adjudicative order within seventy-five days	734
after completion of its hearing. A failure to issue the order	735
within seventy-five days shall result in dissolution of the	736
summary suspension order but shall not invalidate any subsequent,	737
final adjudicative order.	738

(H) If the board takes action under division (B)(9), (11), or	739
(13) of this section and the judicial finding of guilt, guilty	740
plea, or judicial finding of eligibility for intervention in lieu	741
of conviction is overturned on appeal, upon exhaustion of the	742
criminal appeal, a petition for reconsideration of the order may	743
be filed with the board along with appropriate court documents.	744
Upon receipt of a petition of that nature and supporting court	745
documents, the board shall reinstate the individual's certificate	746
to practice. The board may then hold an adjudication under Chapter	747
119. of the Revised Code to determine whether the individual	748
committed the act in question. Notice of an opportunity for a	749
hearing shall be given in accordance with Chapter 119. of the	750
Revised Code. If the board finds, pursuant to an adjudication held	751
under this division, that the individual committed the act or if	752
no hearing is requested, the board may order any of the sanctions	753
identified under division (B) of this section.	754

(I) The certificate to practice issued to an individual under	755
this chapter and the individual's practice in this state are	756
automatically suspended as of the date of the individual's second	757
or subsequent plea of guilty to, or judicial finding of guilt of,	758
a violation of section 2919.123 of the Revised Code, or the date	759
the individual pleads guilty to, is found by a judge or jury to be	760
guilty of, or is subject to a judicial finding of eligibility for	761
intervention in lieu of conviction in this state or treatment or	762
intervention in lieu of conviction in another jurisdiction for any	763
of the following criminal offenses in this state or a	764
substantially equivalent criminal offense in another jurisdiction:	765
aggravated murder, murder, voluntary manslaughter, felonious	766
assault, kidnapping, rape, sexual battery, gross sexual	767
imposition, aggravated arson, aggravated robbery, or aggravated	768
burglary. Continued practice after suspension shall be considered	769
practicing without a certificate.	770

The board shall notify the individual subject to the	771
suspension by certified mail or in person in accordance with	772
section 119.07 of the Revised Code. If an individual whose	773
certificate is automatically suspended under this division fails	774
to make a timely request for an adjudication under Chapter 119. of	775
the Revised Code, the board shall do whichever of the following is	776
applicable:	777

(1) If the automatic suspension under this division is for a	778
second or subsequent plea of guilty to, or judicial finding of	779
guilt of, a violation of section 2919.123 of the Revised Code, the	780
board shall enter an order suspending the individual's certificate	781
to practice for a period of at least one year or, if determined	782
appropriate by the board, imposing a more serious sanction	783
involving the individual's certificate to practice.	784

(2) In all circumstances in which division (I)(1) of this	785
section does not apply, enter a final order permanently revoking	786
the individual's certificate to practice.	787

(J) If the board is required by Chapter 119. of the Revised	788
Code to give notice of an opportunity for a hearing and if the	789
individual subject to the notice does not timely request a hearing	790
in accordance with section 119.07 of the Revised Code, the board	791
is not required to hold a hearing, but may adopt, by an	792
affirmative vote of not fewer than six of its members, a final	793
order that contains the board's findings. In that final order, the	794
board may order any of the sanctions identified under division (A)	795
or (B) of this section.	796

(K) Any action taken by the board under division (B) of this	797
section resulting in a suspension from practice shall be	798
accompanied by a written statement of the conditions under which	799
the individual's certificate to practice may be reinstated. The	800
board shall adopt rules governing conditions to be imposed for	801
reinstatement. Reinstatement of a certificate suspended pursuant	802
to division (B) of this section requires an affirmative vote of	803
not fewer than six members of the board.	804

(L) When the board refuses to grant a certificate to an	805
applicant, revokes an individual's certificate to practice,	806
refuses to register an applicant, or refuses to reinstate an	807
individual's certificate to practice, the board may specify that	808
its action is permanent. An individual subject to a permanent	809
action taken by the board is forever thereafter ineligible to hold	810
a certificate to practice and the board shall not accept an	811
application for reinstatement of the certificate or for issuance	812
of a new certificate.	813

(M) Notwithstanding any other provision of the Revised Code,	814
all of the following apply:	815

(1) The surrender of a certificate issued under this chapter	816
shall not be effective unless or until accepted by the board. A	817
telephone conference call may be utilized for acceptance of the	818
surrender of an individual's certificate to practice. The	819
telephone conference call shall be considered a special meeting	820
under division (F) of section 121.22 of the Revised Code.	821
Reinstatement of a certificate surrendered to the board requires	822
an affirmative vote of not fewer than six members of the board.	823

(2) An application for a certificate made under the	824
provisions of this chapter may not be withdrawn without approval	825
of the board.	826

(3) Failure by an individual to renew a certificate of	827
registration in accordance with this chapter shall not remove or	828
limit the board's jurisdiction to take any disciplinary action	829
under this section against the individual.	830

(4) At the request of the board, a certificate holder shall	831
immediately surrender to the board a certificate that the board	832
has suspended, revoked, or permanently revoked.	833

(N) Sanctions shall not be imposed under division (B)(28) of	834
this section against any person who waives deductibles and	835
copayments as follows:	836

(1) In compliance with the health benefit plan that expressly	837
allows such a practice. Waiver of the deductibles or copayments	838
shall be made only with the full knowledge and consent of the plan	839
purchaser, payer, and third-party administrator. Documentation of	840
the consent shall be made available to the board upon request.	841

(2) For professional services rendered to any other person	842
authorized to practice pursuant to this chapter, to the extent	843
allowed by this chapter and rules adopted by the board.	844

(O) Under the board's investigative duties described in this	845
section and subject to division (F) of this section, the board	846
shall develop and implement a quality intervention program	847
designed to improve through remedial education the clinical and	848
communication skills of individuals authorized under this chapter	849
to practice medicine and surgery, osteopathic medicine and	850
surgery, and podiatric medicine and surgery. In developing and	851
implementing the quality intervention program, the board may do	852
all of the following:	853

(1) Offer in appropriate cases as determined by the board an	854
educational and assessment program pursuant to an investigation	855
the board conducts under this section;	856

(2) Select providers of educational and assessment services,	857
including a quality intervention program panel of case reviewers;	858

(3) Make referrals to educational and assessment service	859
providers and approve individual educational programs recommended	860
by those providers. The board shall monitor the progress of each	861
individual undertaking a recommended individual educational	862
program.	863

(4) Determine what constitutes successful completion of an	864
individual educational program and require further monitoring of	865
the individual who completed the program or other action that the	866
board determines to be appropriate;	867

(5) Adopt rules in accordance with Chapter 119. of the	868
Revised Code to further implement the quality intervention	869
program.	870

An individual who participates in an individual educational	871
program pursuant to this division shall pay the financial	872
obligations arising from that educational program.	873

Sec. 4731.222.  (A) This section applies to both of the	874
following:	875

(1) An applicant seeking restoration of a certificate issued	876
under this chapter that has been in a suspended or inactive state	877
for any cause for more than two years;	878

(2) An applicant seeking issuance of a certificate pursuant	879
to section 4731.17, 4731.29, 4731.295, 4731.57, or 4731.571 of the	880
Revised Code who for more than two years has not been engaged in	881
the practice of medicine and surgery, osteopathic medicine and	882
surgery, podiatric medicine and surgery, or a limited branch of	883
medicine as any of the following:	884

(a) An active practitioner;

885

(b) A participant in a program of graduate medical education,	886
as defined in section 4731.091 of the Revised Code;	887

(c) A student in a college of podiatry determined by the	888
state medical board to be in good standing;	889

(d) A student in a school, college, or institution giving	890
instruction in a limited branch of medicine determined by the	891
board to be in good standing under section 4731.16 of the Revised	892
Code.	893

(B) Before restoring a certificate to good standing for or	894
issuing a certificate to an applicant subject to this section, the	895
state medical board may impose terms and conditions including any	896
one or more of the following:	897

(1) Requiring the applicant to pass an oral or written	898
examination, or both, to determine the applicant's present fitness	899
to resume practice;	900

(2) Requiring the applicant to obtain additional training and	901
to pass an examination upon completion of such training;	902

(3) Requiring an assessment of the applicant's physical	903
skills for purposes of determining whether the applicant's	904
coordination, fine motor skills, and dexterity are sufficient for	905
performing medical evaluations and procedures in a manner that	906
meets the minimal standards of care;	907

(4) Requiring an assessment of the applicant's skills in	908
recognizing and understanding diseases and conditions;	909

(5) Requiring the applicant to undergo a comprehensive	910
physical examination, which may include an assessment of physical	911
abilities, evaluation of sensory capabilities, or screening for	912
the presence of neurological disorders;	913

(6) Restricting or limiting the extent, scope, or type of	914
practice of the applicant.	915

The board shall consider the moral background and the	916
activities of the applicant during the period of suspension or	917
inactivity, in accordance with section 4731.08, 4731.19, or	918
4731.52 of the Revised Code. The board shall not restore a	919
certificate under this section unless the applicant complies with	920
sections 4776.01 to 4776.04 of the Revised Code.	921

Sec. 4731.225. (A) If the holder of a certificate issued	922
under this chapter violates division (A), (B), or (C) of section	923
4731.66 or section 4731.69 of the Revised Code, or if any other	924
person violates division (B) or (C) of section 4731.66 or section	925
4731.69 of the Revised Code, the state medical board, pursuant to	926
an adjudication under Chapter 119. of the Revised Code and an	927
affirmative vote of not fewer than six of its members, shall:	928

(A)(1) For a first violation, impose a civil penalty of not	929
more than five thousand dollars;	930

(B)(2) For each subsequent violation, impose a civil penalty	931
of not more than twenty thousand dollars and, if the violator is a	932
certificate holder, proceed under division (B)(27) of section	933
4731.22 of the Revised Code.	934

(B) If the holder of a certificate issued under this chapter	935
violates any section of this chapter other than section 4731.281	936
of the Revised Code or the sections specified in division (A) of	937
this section, or violates any rule adopted under this chapter, the	938
board may, pursuant to an adjudication under Chapter 119. of the	939
Revised Code and an affirmative vote of not fewer than six of its	940
members, impose a civil penalty in an amount specified by the	941
board, which may be up to, but not more than twenty thousand	942
dollars. The civil penalty may be in addition to any other action	943
the board may take under section 4731.22 of the Revised Code.	944

The board shall adopt and may amend guidelines regarding the	945
amounts of civil penalties to be imposed under this section.	946
Adoption or any amendment of the guidelines requires the approval	947
of not fewer than six board members.	948

(C) Amounts received from payment of civil penalties imposed	949
under this section shall be deposited by the board in accordance	950
with section 4731.24 of the Revised Code. Amounts received from	951
payment of civil penalties imposed for violations of division	952
(B)(26) of section 4731.22 of the Revised Code shall be used by	953
the board solely for investigation, enforcement, and compliance	954
monitoring.	955

Sec. 4731.24.  Except as provided in sections 4731.281 and	956
4731.40 of the Revised Code, all receipts of the state medical	957
board, from any source, shall be deposited in the state treasury.	958
Until July 1, 1998, the funds shall be deposited to the credit of	959
the occupational licensing and regulatory fund. On and after July	960
1, 1998, the funds shall be deposited to the credit of the state	961
medical board operating fund, which is hereby created on July 1,	962
1998. AllExcept as provided in sections 4730.252, 4731.225,	963
4760.133, 4762.133, 4774.133, and 4778.141 of the Revised Code,	964
all funds deposited into the state treasury under this section	965
shall be used solely for the administration and enforcement of	966
this chapter and Chapters 4730., 4760., 4762., 4774., and 4778. of	967
the Revised Code by the board.	968

Sec. 4731.281.  (A) On or before the deadline established	969
under division (B) of this section for applying for renewal of a	970
certificate of registration, each person holding a certificate	971
under this chapter to practice medicine and surgery, osteopathic	972
medicine and surgery, or podiatric medicine and surgery shall	973
certify to the state medical board that in the preceding two years	974
the person has completed one hundred hours of continuing medical	975
education. The certification shall be made upon the application	976
for biennial registration submitted pursuant to division (B) of	977
this section. The board shall adopt rules providing for pro rata	978
reductions by month of the number of hours of continuing education	979
required for persons who are in their first registration period,	980
who have been disabled due to illness or accident, or who have	981
been absent from the country.	982

In determining whether a course, program, or activity	983
qualifies for credit as continuing medical education, the board	984
shall approve all continuing medical education taken by persons	985
holding a certificate to practice medicine and surgery that is	986
certified by the Ohio state medical association, all continuing	987
medical education taken by persons holding a certificate to	988
practice osteopathic medicine and surgery that is certified by the	989
Ohio osteopathic association, and all continuing medical education	990
taken by persons holding a certificate to practice podiatric	991
medicine and surgery that is certified by the Ohio podiatric	992
medical association. Each person holding a certificate to practice	993
under this chapter shall be given sufficient choice of continuing	994
education programs to ensure that the person has had a reasonable	995
opportunity to participate in continuing education programs that	996
are relevant to the person's medical practice in terms of subject	997
matter and level.	998

The board may require a random sample of persons holding a	999
certificate to practice under this chapter to submit materials	1000
documenting completion of the continuing medical education	1001
requirement during the preceding registration period, but this	1002
provision shall not limit the board's authority to investigate	1003
pursuant to section 4731.22 of the Revised Code.	1004

(B)(1) Every person holding a certificate under this chapter	1005
to practice medicine and surgery, osteopathic medicine and	1006
surgery, or podiatric medicine and surgery wishing to renew that	1007
certificate shall apply to the board for a certificate of	1008
registration upon an application furnished by the board, and pay	1009
to the board at the time of application a fee of three hundred	1010
five dollars, according to the following schedule:	1011

(a) Persons whose last name begins with the letters "A"	1012
through "B," on or before April 1, 2001, and the first day of	1013
April of every odd-numbered year thereafter;	1014

(b) Persons whose last name begins with the letters "C"	1015
through "D," on or before January 1, 2001, and the first day of	1016
January of every odd-numbered year thereafter;	1017

(c) Persons whose last name begins with the letters "E"	1018
through "G," on or before October 1, 2000, and the first day of	1019
October of every even-numbered year thereafter;	1020

(d) Persons whose last name begins with the letters "H"	1021
through "K," on or before July 1, 2000, and the first day of July	1022
of every even-numbered year thereafter;	1023

(e) Persons whose last name begins with the letters "L"	1024
through "M," on or before April 1, 2000, and the first day of	1025
April of every even-numbered year thereafter;	1026

(f) Persons whose last name begins with the letters "N"	1027
through "R," on or before January 1, 2000, and the first day of	1028
January of every even-numbered year thereafter;	1029

(g) Persons whose last name begins with the letter "S," on or	1030
before October 1, 1999, and the first day of October of every	1031
odd-numbered year thereafter;	1032

(h) Persons whose last name begins with the letters "T"	1033
through "Z," on or before July 1, 1999, and the first day of July	1034
of every odd-numbered year thereafter.	1035

The board shall deposit the fee in accordance with section	1036
4731.24 of the Revised Code, except that the board shall deposit	1037
twenty dollars of the fee into the state treasury to the credit of	1038
the physician loan repayment fund created by section 3702.78 of	1039
the Revised Code.	1040

(2) The board shall mail or cause to be mailed to every	1041
person registered to practice medicine and surgery, osteopathic	1042
medicine and surgery, or podiatric medicine and surgery, a notice	1043
of registration renewal addressed to the person's last known	1044
address or may cause the notice to be sent to the person through	1045
the secretary of any recognized medical, osteopathic, or podiatric	1046
society, according to the following schedule:	1047

(a) To persons whose last name begins with the letters "A"	1048
through "B," on or before January 1, 2001, and the first day of	1049
January of every odd-numbered year thereafter;	1050

(b) To persons whose last name begins with the letters "C"	1051
through "D," on or before October 1, 2000, and the first day of	1052
October of every even-numbered year thereafter;	1053

(c) To persons whose last name begins with the letters "E"	1054
through "G," on or before July 1, 2000, and the first day of July	1055
of every even-numbered year thereafter;	1056

(d) To persons whose last name begins with the letters "H"	1057
through "K," on or before April 1, 2000, and the first day of	1058
April of every even-numbered year thereafter;	1059

(e) To persons whose last name begins with the letters "L"	1060
through "M," on or before January 1, 2000, and the first day of	1061
January of every even-numbered year thereafter;	1062

(f) To persons whose last name begins with the letters "N"	1063
through "R," on or before October 1, 1999, and the first day of	1064
October of every odd-numbered year thereafter;	1065

(g) To persons whose last name begins with the letter "S," on	1066
or before July 1, 1999, and the first day of July of every	1067
odd-numbered year thereafter;	1068

(h) To persons whose last name begins with the letters "T"	1069
through "Z," on or before April 1, 1999, and the first day of	1070
April of every odd-numbered year thereafter.	1071

Failure of any person to receive a notice of renewal from the	1072
board shall not excuse the person from the requirements contained	1073
in this section.	1074

The notice shall inform the applicant of the renewal	1075
procedure. The board shall provide the application for	1076
registration renewal in a form determined by the board. The	1077
applicant shall provide in the application the applicant's full	1078
name, principal practice address and residence address, the number	1079
of the applicant's certificate to practice, and any other	1080
information required by the board. The applicant shall include	1081
with the application a list of the names and addresses of any	1082
clinical nurse specialists, certified nurse-midwives, or certified	1083
nurse practitioners with whom the applicant is currently	1084
collaborating, as defined in section 4723.01 of the Revised Code.	1085
The applicant shall execute and deliver the application to the	1086
board in a manner prescribed by the board. Every person registered	1087
under this section shall give written notice to the board of any	1088
change of principal practice address or residence address or in	1089
the list within thirty days of the change.	1090

The applicant shall report any criminal offense to which the	1091
applicant has pleaded guilty, of which the applicant has been	1092
found guilty, or for which the applicant has been found eligible	1093
for intervention in lieu of conviction, since last filing an	1094
application for a certificate of registration.	1095

(C) The board shall issue to any person holding a certificate	1096
under this chapter to practice medicine and surgery, osteopathic	1097
medicine and surgery, or podiatric medicine and surgery, upon	1098
application and qualification therefor in accordance with this	1099
section, a certificate of registration under the seal of the	1100
board. A certificate of registration shall be valid for a two-year	1101
period.	1102

(D) Failure of any certificate holder to register and comply	1103
with this section shall operate automatically to suspend the	1104
holder's certificate to practice. Continued practice after the	1105
suspension of the certificate to practice shall be considered as	1106
practicing in violation of section 4731.41, 4731.43, or 4731.60 of	1107
the Revised Code. If the certificate has been suspended pursuant	1108
to this division for two years or less, it may be reinstated. The	1109
board shall reinstate a certificate to practice suspended for	1110
failure to register upon an applicant's submission of a renewal	1111
application, the biennial registration fee, and the applicable	1112
monetary penalty. The penalty for reinstatement shall be fifty	1113
dollars. If the certificate has been suspended pursuant to this	1114
division for more than two years, it may be restored. Subject to	1115
section 4731.222 of the Revised Code, the board may restore a	1116
certificate to practice suspended for failure to register upon an	1117
applicant's submission of a restoration application, the biennial	1118
registration fee, and the applicable monetary penalty and	1119
compliance with sections 4776.01 to 4776.04 of the Revised Code.	1120
The board shall not restore to an applicant a certificate to	1121
practice unless the board, in its discretion, decides that the	1122
results of the criminal records check do not make the applicant	1123
ineligible for a certificate issued pursuant to section 4731.14,	1124
4731.56, or 4731.57 of the Revised Code. The penalty for	1125
restoration shall be one hundred dollars. The board shall deposit	1126
the penalties in accordance with section 4731.24 of the Revised	1127
Code.	1128

(E) If an individual certifies completion of the number of	1129
hours and type of continuing medical education required to receive	1130
a certificate of registration or reinstatement of a certificate to	1131
practice, and the board finds through the random samples it	1132
conducts under this section or through any other means that the	1133
individual did not complete the requisite continuing medical	1134
education, theThe board may impose a civil penalty of not more	1135
than five thousand dollars if, through a random sample it conducts	1136
under this section or through any other means, it finds that an	1137
individual certified that the individual completed the number of	1138
hours and type of continuing medical education required for	1139
renewal of a certificate of registration when the individual did	1140
not fulfill the requirement. The board's finding shall be made	1141
pursuant to an adjudication under Chapter 119. of the Revised Code	1142
and by an affirmative vote of not fewer than six members.	1143

A civil penalty imposed under this division may be in	1144
addition to or in lieu of any other action the board may take	1145
under section 4731.22 of the Revised Code. The board shall deposit	1146
civil penalties in accordance with section 4731.24 of the Revised	1147
Codeshall not conduct an adjudication under Chapter 119. of the	1148
Revised Code if the board imposes only a civil penalty.	1149

(F)Pursuant to section 4731.22 of the Revised Code, the	1150
board may suspend an individual's certificate to practice for	1151
failure to register and comply with this section. If an individual	1152
continues to practice after suspension, that activity constitutes	1153
practicing in violation of section 4731.41 or 4731.60 of the	1154
Revised Code. If the certificate has been suspended for two years	1155
or less, it may be reinstated. The board shall reinstate a	1156
certificate to practice for failure to register on an applicant's	1157
submission of a renewal application, the biennial registration	1158
fee, and the applicable monetary penalty. If the certificate has	1159
been suspended for more than two years, it may be restored.	1160
Subject to section 4731.222 of the Revised Code, the board may	1161
restore a certificate to practice suspended for failure to	1162
register on an applicant's submission of a restoration	1163
application, the biennial registration fee, and the applicable	1164
monetary penalty and compliance with sections 4776.01 to 4776.04	1165
of the Revised Code. The board shall not restore to an applicant a	1166
certificate to practice unless the board, in its discretion,	1167
decides that the results of the criminal records check required by	1168
section 4776.02 of the Revised Code do not make the applicant	1169
ineligible for a certificate issued pursuant to section 4731.14,	1170
4731.56, or 4731.57 of the Revised Code.	1171

The monetary penalty for reinstatement is one hundred	1172
dollars. The monetary penalty for restoration is two hundred	1173
dollars.	1174

Amounts received from payment of civil penalties and monetary	1175
penalties imposed under this division shall be deposited in	1176
accordance with section 4731.24 of the Revised Code.	1177

(E) The state medical board may obtain information not	1178
protected by statutory or common law privilege from courts and	1179
other sources concerning malpractice claims against any person	1180
holding a certificate to practice under this chapter or practicing	1181
as provided in section 4731.36 of the Revised Code.	1182

(G)(F) Each mailing sent by the board under division (B)(2)	1183
of this section to a person registered to practice medicine and	1184
surgery or osteopathic medicine and surgery shall inform the	1185
applicant of the reporting requirement established by division (H)	1186
of section 3701.79 of the Revised Code. At the discretion of the	1187
board, the information may be included on the application for	1188
registration or on an accompanying page.	1189

Sec. 4760.133.  If an anesthesiologist assistant violates any	1190
section of this chapter or any rule adopted under this chapter,	1191
the state medical board may, pursuant to an adjudication under	1192
Chapter 119. of the Revised Code and an affirmative vote of not	1193
fewer than six of its members, impose a civil penalty in an amount	1194
specified by the board, which may be up to, but not more than	1195
twenty thousand dollars. The civil penalty may be in addition to	1196
any other action the board may take under section 4760.13 of the	1197
Revised Code.	1198

The board shall adopt and may amend guidelines regarding the	1199
amounts of civil penalties to be imposed under this section.	1200
Adoption or any amendment of the guidelines requires the approval	1201
of not fewer than six board members.	1202

Amounts received from payment of civil penalties imposed	1203
under this section shall be deposited by the board in accordance	1204
with section 4731.24 of the Revised Code. Amounts received from	1205
payment of civil penalties imposed for violations of division	1206
(B)(6) of section 4760.13 of the Revised Code shall be used by the	1207
board solely for investigation, enforcement, and compliance	1208
monitoring.	1209

Sec. 4762.133.  If an oriental medicine practitioner or	1210
acupuncturist violates any section of this chapter or any rule	1211
adopted under this chapter, the state medical board may, pursuant	1212
to an adjudication under Chapter 119. of the Revised Code and an	1213
affirmative vote of not fewer than six of its members, impose a	1214
civil penalty in an amount specified by the board, which may be up	1215
to, but not more than twenty thousand dollars. The civil penalty	1216
may be in addition to any other action the board may take under	1217
section 4762.13 of the Revised Code.	1218

The board shall adopt and may amend guidelines regarding the	1219
amounts of civil penalties to be imposed under this section.	1220
Adoption or any amendment of the guidelines requires the approval	1221
of not fewer than six board members.	1222

Amounts received from payment of civil penalties imposed	1223
under this section shall be deposited by the board in accordance	1224
with section 4731.24 of the Revised Code. Amounts received from	1225
payment of civil penalties imposed for violations of division	1226
(B)(6) of section 4762.13 of the Revised Code shall be used by the	1227
board solely for investigation, enforcement, and compliance	1228
monitoring.	1229

Sec. 4774.133.  If a radiologist assistant violates any	1230
section of this chapter or any rule adopted under this chapter,	1231
the state medical board may, pursuant to an adjudication under	1232
Chapter 119. of the Revised Code and an affirmative vote of not	1233
fewer than six of its members, impose a civil penalty in an amount	1234
specified by the board, which may be up to, but not more than	1235
twenty thousand dollars. The civil penalty may be in addition to	1236
any other action the board may take under section 4774.13 of the	1237
Revised Code.	1238

The board shall adopt and may amend guidelines regarding the	1239
amounts of civil penalties to be imposed under this section.	1240
Adoption or any amendment of the guidelines requires the approval	1241
of not fewer than six board members.	1242

Amounts received from payment of civil penalties imposed	1243
under this section shall be deposited by the board in accordance	1244
with section 4731.24 of the Revised Code. Amounts received from	1245
payment of civil penalties imposed for violations of division	1246
(B)(6) of section 4774.13 of the Revised Code shall be used by the	1247
board solely for investigation, enforcement, and compliance	1248
monitoring.	1249

Sec. 4778.06. (A) An individual seeking to renew a license to	1250
practice as a genetic counselor shall, on or before the	1251
thirty-first day of January of each even-numbered year, apply for	1252
renewal of the license. The state medical board shall send renewal	1253
notices at least one month prior to the expiration date.	1254

Renewal applications shall be submitted to the board in a	1255
manner prescribed by the board. Each application shall be	1256
accompanied by a biennial renewal fee of one hundred fifty	1257
dollars.	1258

The applicant shall report any criminal offense to which the	1259
applicant has pleaded guilty, of which the applicant has been	1260
found guilty, or for which the applicant has been found eligible	1261
for intervention in lieu of conviction, since last signing an	1262
application for a license to practice as a genetic counselor.	1263

(B) To be eligible for renewal, a genetic counselor shall	1264
certify to the board that the counselor has done both of the	1265
following:	1266

(1) Maintained the counselor's status as a certified genetic	1267
counselor;	1268

(2) Completed at least thirty hours of continuing education	1269
in genetic counseling that has been approved by the national	1270
society of genetic counselors or American board of genetic	1271
counseling.	1272

(C) If an applicant submits a renewal application that the	1273
board considers to be complete and qualifies for renewal pursuant	1274
to division (B) of this section, the board shall issue to the	1275
applicant a renewed license to practice as a genetic counselor.	1276

(D) The board may require a random sample of genetic	1277
counselors to submit materials documenting that their status as	1278
certified genetic counselors has been maintained and that the	1279
number of hours of continuing education required under division	1280
(B)(2) of this section has been completed.	1281

If a genetic counselor certifies that the genetic counselor	1282
has completed the number of hours and type of continuing education	1283
required for renewal of a license, and the board finds through the	1284
random sample or any other means that the genetic counselor did	1285
not complete the requisite continuing education, the board may	1286
impose a civil penalty of not more than five thousand dollars. The	1287
board's finding shall be made pursuant to an adjudication under	1288
Chapter 119. of the Revised Code and by an affirmative vote of not	1289
fewer than six members. A	1290

A civil penalty imposed under this division may be in	1291
addition to or in lieu of any other action the board may take	1292
under section 4778.14 of the Revised Code. The board shall not	1293
conduct an adjudication under Chapter 119. of the Revised Code if	1294
the board imposes only a civil penalty.	1295

Sec. 4778.141.  If a genetic counselor violates any section	1296
of this chapter other than section 4778.06 of the Revised Code or	1297
violates any rule adopted under this chapter, the state medical	1298
board may, pursuant to an adjudication under Chapter 119. of the	1299
Revised Code and an affirmative vote of not fewer than six of its	1300
members, impose a civil penalty in an amount specified by the	1301
board, which may be up to, but not more than twenty thousand	1302
dollars. The civil penalty may be in addition to any other action	1303
the board may take under section 4778.14 of the Revised Code.	1304

The board shall adopt and may amend guidelines regarding the	1305
amounts of civil penalties to be imposed under this section.	1306
Adoption or any amendment of the guidelines requires the approval	1307
of not fewer than six board members.	1308

Amounts received from payment of civil penalties imposed	1309
under this section shall be deposited by the board in accordance	1310
with section 4731.24 of the Revised Code. Amounts received from	1311
payment of civil penalties imposed for violations of division	1312
(B)(6) of section 4778.14 of the Revised Code shall be used by the	1313
board solely for investigation, enforcement, and compliance	1314
monitoring.	1315

Section 2. That existing sections 4730.14, 4731.22, 4731.222,	1316
4731.225, 4731.24, 4731.281, and 4778.06 of the Revised Code are	1317
hereby repealed.	1318