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

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

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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-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 531

Representative Gonzales 

Cosponsor: Representative DeVitis 

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A BILL

To amend sections 4730.14, 4731.22, 4731.222,

1

4731.225, 4731.281, and 4778.06 and to enact

2

sections 4730.252, 4760.133, 4762.133, 4774.133,

3

and 4778.141 of the Revised Code to authorize the

4

State Medical Board to fine certain professionals

5

it regulates for failing to comply with continuing

6

education requirements without suspending the

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individual's license or certificate to practice,

8

to authorize the Board to fine the professionals

9

it regulates for violating law administered by the

10

Board, and to impose additional terms and

11

conditions for physician certificate restoration.

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

Section 1. That sections 4730.14, 4731.22, 4731.222,	13
4731.225, 4731.281, and 4778.06 be amended and sections 4730.252,	14
4760.133, 4762.133, 4774.133, and 4778.141 of the Revised Code be	15
enacted to read as follows:	16

Sec. 4730.14.  (A) A certificate to practice as a physician	17
assistant shall expire biennially and may be renewed in accordance	18
with this section. A person seeking to renew a certificate to	19
practice as a physician assistant shall, on or before the	20
thirty-first day of January of each even-numbered year, apply for	21
renewal of the certificate. The state medical board shall send	22
renewal notices at least one month prior to the expiration date.	23

Applications shall be submitted to the board on forms the	24
board shall prescribe and furnish. Each application shall be	25
accompanied by a biennial renewal fee of one hundred dollars. The	26
board shall deposit the fees in accordance with section 4731.24 of	27
the Revised Code.	28

The applicant shall report any criminal offense that	29
constitutes grounds for refusing to issue a certificate to	30
practice under section 4730.25 of the Revised Code to which the	31
applicant has pleaded guilty, of which the applicant has been	32
found guilty, or for which the applicant has been found eligible	33
for intervention in lieu of conviction, since last signing an	34
application for a certificate to practice as a physician	35
assistant.	36

(B) To be eligible for renewal, a physician assistant shall	37
certify to the board both of the following:	38

(1) That the physician assistant has maintained certification	39
by the national commission on certification of physician	40
assistants or a successor organization that is recognized by the	41
board by meeting the standards to hold current certification from	42
the commission or its successor, including completion of	43
continuing medical education requirements and passing periodic	44
recertification examinations;	45

(2) Except as provided in division (F) of this section and	46
section 5903.12 of the Revised Code, that the physician assistant	47
has completed during the current certification period not less	48
than one hundred hours of continuing medical education acceptable	49
to the board.	50

(C) The board shall adopt rules in accordance with Chapter	51
119. of the Revised Code specifying the types of continuing	52
medical education that must be completed to fulfill the board's	53
requirements under division (B)(2) of this section. Except when	54
additional continuing medical education is required to renew a	55
certificate to prescribe, as specified in section 4730.49 of the	56
Revised Code, the board shall not adopt rules that require a	57
physician assistant to complete in any certification period more	58
than one hundred hours of continuing medical education acceptable	59
to the board. In fulfilling the board's requirements, a physician	60
assistant may use continuing medical education courses or programs	61
completed to maintain certification by the national commission on	62
certification of physician assistants or a successor organization	63
that is recognized by the board if the standards for acceptable	64
courses and programs of the commission or its successor are at	65
least equivalent to the standards established by the board.	66

(D) If an applicant submits a complete renewal application	67
and qualifies for renewal pursuant to division (B) of this	68
section, the board shall issue to the applicant a renewed	69
certificate to practice as a physician assistant.	70

(E) The board may require a random sample of physician	71
assistants to submit materials documenting certification by the	72
national commission on certification of physician assistants or a	73
successor organization that is recognized by the board and	74
completion of the required number of hours of continuing medical	75
education.	76

(F) The board shall provide for pro rata reductions by month	77
of the number of hours of continuing education that must be	78
completed for individuals who are in their first certification	79
period, who have been disabled due to illness or accident, or who	80
have been absent from the country. The board shall adopt rules, in	81
accordance with Chapter 119. of the Revised Code, as necessary to	82
implement this division.	83

(G)(1) A certificate to practice that is not renewed on or	84
before its expiration date is automatically suspended on its	85
expiration date. Continued practice after suspension of the	86
certificate shall be considered as practicing in violation of	87
division (A) of section 4730.02 of the Revised Code.	88

(2) If a certificate has been suspended pursuant to division	89
(G)(1) of this section for two years or less, it may be	90
reinstated. The board shall reinstate a certificate suspended for	91
failure to renew upon an applicant's submission of a renewal	92
application, the biennial renewal fee, and any applicable monetary	93
penalty.	94

If a certificate has been suspended pursuant to division	95
(G)(1) of this division for more than two years, it may be	96
restored. In accordance with section 4730.28 of the Revised Code,	97
the board may restore a certificate suspended for failure to renew	98
upon an applicant's submission of a restoration application, the	99
biennial renewal fee, and any applicable monetary penalty and	100
compliance with sections 4776.01 to 4776.04 of the Revised Code.	101
The board shall not restore to an applicant a certificate to	102
practice as a physician assistant unless the board, in its	103
discretion, decides that the results of the criminal records check	104
do not make the applicant ineligible for a certificate issued	105
pursuant to section 4730.12 of the Revised Code.	106

The penalty for reinstatement shall be fifty dollars and the	107
penalty for restoration shall be one hundred dollars. The board	108
shall deposit penalties in accordance with section 4731.24 of the	109
Revised Code.	110

(H) If an individual certifies that the individual has	111
completed the number of hours and type of continuing medical	112
education required for renewal or reinstatement of a certificate	113
to practice as a physician assistant, and the board finds through	114
a random sample conducted under division (E) of this section or	115
through any other means that the individual did not complete the	116
requisite continuing medical education, theThe board may impose a	117
civil penalty of not more than five thousand dollars if, through a	118
random sample it conducts under this section or through other	119
means, it finds that an individual certified that the individual	120
completed the number of hours and type of continuing medical	121
education required for renewal of a certificate to practice as a	122
physician assistant when the individual did not fulfill the	123
requirement. The board's finding shall be made pursuant to an	124
adjudication under Chapter 119. of the Revised Code and by an	125
affirmative vote of not fewer than six members.	126

A civil penalty imposed under this division may be in	127
addition to or in lieu of any other action the board may take	128
under section 4730.25 of the Revised Code. The board shall deposit	129
civil penalties in accordance with section 4731.24shall not	130
conduct an adjudication under Chapter 119. of the Revised Code if	131
the board imposes only a civil penalty.	132

Pursuant to section 4730.25 of the Revised Code, the board	133
may suspend an individual's certificate to practice as a physician	134
assistant for failure to renew the certificate and comply with	135
this section. If an individual continues to practice after	136
suspension, that activity constitutes practicing in violation of	137
section 4730.02 of the Revised Code. If the certificate has been	138
suspended for two years or less, it may be reinstated. The board	139
shall reinstate a certificate to practice as a physician assistant	140
for failure to renew on an applicant's submission of a renewal	141
application, the biennial renewal fee, and the applicable monetary	142
penalty. If the certificate has been suspended for more than two	143
years, it may be restored. Subject to section 4730.28 of the	144
Revised Code, the board may restore a certificate to practice as a	145
physician assistant suspended for failure to renew on an	146
applicant's submission of a restoration application, the biennial	147
renewal fee, and the applicable monetary penalty and compliance	148
with sections 4776.01 to 4776.04 of the Revised Code. The board	149
shall not restore an applicant's certificate to practice as a	150
physician assistant unless the board decides that the results of	151
the criminal records check do not make the applicant ineligible	152
for a certificate issued pursuant to section 4730.12 of the	153
Revised Code.	154

The monetary penalty for reinstatement is fifty dollars. The	155
monetary penalty for restoration is one hundred dollars.	156

Amounts received from payment of civil penalties and monetary	157
penalties imposed under this division shall be deposited in	158
accordance with section 4731.24 of the Revised Code.	159

Sec. 4730.252.  If a physician assistant violates any section	160
of this chapter other than section 4730.14 of the Revised Code or	161
violates any rule adopted under this chapter, the state medical	162
board may, pursuant to an adjudication under Chapter 119. of the	163
Revised Code and an affirmative vote of not fewer than six of its	164
members, impose a civil penalty of not more than twenty thousand	165
dollars. The civil penalty may be in addition to any other action	166
the board may take under section 4730.25 of the Revised Code.	167

Amounts received from payment of civil penalties imposed	168
under this section shall be deposited by the board in accordance	169
with section 4731.24 of the Revised Code.	170

Sec. 4731.22.  (A) The state medical board, by an affirmative	171
vote of not fewer than six of its members, may limit, revoke, or	172
suspend an individual's certificate to practice, refuse to grant a	173
certificate to an individual, refuse to register an individual,	174
refuse to reinstate a certificate, or reprimand or place on	175
probation the holder of a certificate if the individual or	176
certificate holder is found by the board to have committed fraud	177
during the administration of the examination for a certificate to	178
practice or to have committed fraud, misrepresentation, or	179
deception in applying for or securing any certificate to practice	180
or certificate of registration issued by the board.	181

(B) The board, by an affirmative vote of not fewer than six	182
members, shall, to the extent permitted by law, limit, revoke, or	183
suspend an individual's certificate to practice, refuse to	184
register an individual, refuse to reinstate a certificate, or	185
reprimand or place on probation the holder of a certificate for	186
one or more of the following reasons:	187

(1) Permitting one's name or one's certificate to practice or	188
certificate of registration to be used by a person, group, or	189
corporation when the individual concerned is not actually	190
directing the treatment given;	191

(2) Failure to maintain minimal standards applicable to the	192
selection or administration of drugs, or failure to employ	193
acceptable scientific methods in the selection of drugs or other	194
modalities for treatment of disease;	195

(3) Selling, giving away, personally furnishing, prescribing,	196
or administering drugs for other than legal and legitimate	197
therapeutic purposes or a plea of guilty to, a judicial finding of	198
guilt of, or a judicial finding of eligibility for intervention in	199
lieu of conviction of, a violation of any federal or state law	200
regulating the possession, distribution, or use of any drug;	201

(4) Willfully betraying a professional confidence.

202

For purposes of this division, "willfully betraying a	203
professional confidence" does not include providing any	204
information, documents, or reports to a child fatality review	205
board under sections 307.621 to 307.629 of the Revised Code and	206
does not include the making of a report of an employee's use of a	207
drug of abuse, or a report of a condition of an employee other	208
than one involving the use of a drug of abuse, to the employer of	209
the employee as described in division (B) of section 2305.33 of	210
the Revised Code. Nothing in this division affects the immunity	211
from civil liability conferred by that section upon a physician	212
who makes either type of report in accordance with division (B) of	213
that section. As used in this division, "employee," "employer,"	214
and "physician" have the same meanings as in section 2305.33 of	215
the Revised Code.	216

(5) Making a false, fraudulent, deceptive, or misleading	217
statement in the solicitation of or advertising for patients; in	218
relation to the practice of medicine and surgery, osteopathic	219
medicine and surgery, podiatric medicine and surgery, or a limited	220
branch of medicine; or in securing or attempting to secure any	221
certificate to practice or certificate of registration issued by	222
the board.	223

As used in this division, "false, fraudulent, deceptive, or	224
misleading statement" means a statement that includes a	225
misrepresentation of fact, is likely to mislead or deceive because	226
of a failure to disclose material facts, is intended or is likely	227
to create false or unjustified expectations of favorable results,	228
or includes representations or implications that in reasonable	229
probability will cause an ordinarily prudent person to	230
misunderstand or be deceived.	231

(6) A departure from, or the failure to conform to, minimal	232
standards of care of similar practitioners under the same or	233
similar circumstances, whether or not actual injury to a patient	234
is established;	235

(7) Representing, with the purpose of obtaining compensation	236
or other advantage as personal gain or for any other person, that	237
an incurable disease or injury, or other incurable condition, can	238
be permanently cured;	239

(8) The obtaining of, or attempting to obtain, money or	240
anything of value by fraudulent misrepresentations in the course	241
of practice;	242

(9) A plea of guilty to, a judicial finding of guilt of, or a	243
judicial finding of eligibility for intervention in lieu of	244
conviction for, a felony;	245

(10) Commission of an act that constitutes a felony in this	246
state, regardless of the jurisdiction in which the act was	247
committed;	248

(11) A plea of guilty to, a judicial finding of guilt of, or	249
a judicial finding of eligibility for intervention in lieu of	250
conviction for, a misdemeanor committed in the course of practice;	251

(12) Commission of an act in the course of practice that	252
constitutes a misdemeanor in this state, regardless of the	253
jurisdiction in which the act was committed;	254

(13) A plea of guilty to, a judicial finding of guilt of, or	255
a judicial finding of eligibility for intervention in lieu of	256
conviction for, a misdemeanor involving moral turpitude;	257

(14) Commission of an act involving moral turpitude that	258
constitutes a misdemeanor in this state, regardless of the	259
jurisdiction in which the act was committed;	260

(15) Violation of the conditions of limitation placed by the	261
board upon a certificate to practice;	262

(16) Failure to pay license renewal fees specified in this	263
chapter;	264

(17) Except as authorized in section 4731.31 of the Revised	265
Code, engaging in the division of fees for referral of patients,	266
or the receiving of a thing of value in return for a specific	267
referral of a patient to utilize a particular service or business;	268

(18) Subject to section 4731.226 of the Revised Code,	269
violation of any provision of a code of ethics of the American	270
medical association, the American osteopathic association, the	271
American podiatric medical association, or any other national	272
professional organizations that the board specifies by rule. The	273
state medical board shall obtain and keep on file current copies	274
of the codes of ethics of the various national professional	275
organizations. The individual whose certificate is being suspended	276
or revoked shall not be found to have violated any provision of a	277
code of ethics of an organization not appropriate to the	278
individual's profession.	279

For purposes of this division, a "provision of a code of	280
ethics of a national professional organization" does not include	281
any provision that would preclude the making of a report by a	282
physician of an employee's use of a drug of abuse, or of a	283
condition of an employee other than one involving the use of a	284
drug of abuse, to the employer of the employee as described in	285
division (B) of section 2305.33 of the Revised Code. Nothing in	286
this division affects the immunity from civil liability conferred	287
by that section upon a physician who makes either type of report	288
in accordance with division (B) of that section. As used in this	289
division, "employee," "employer," and "physician" have the same	290
meanings as in section 2305.33 of the Revised Code.	291

(19) Inability to practice according to acceptable and	292
prevailing standards of care by reason of mental illness or	293
physical illness, including, but not limited to, physical	294
deterioration that adversely affects cognitive, motor, or	295
perceptive skills.	296

In enforcing this division, the board, upon a showing of a	297
possible violation, may compel any individual authorized to	298
practice by this chapter or who has submitted an application	299
pursuant to this chapter to submit to a mental examination,	300
physical examination, including an HIV test, or both a mental and	301
a physical examination. The expense of the examination is the	302
responsibility of the individual compelled to be examined. Failure	303
to submit to a mental or physical examination or consent to an HIV	304
test ordered by the board constitutes an admission of the	305
allegations against the individual unless the failure is due to	306
circumstances beyond the individual's control, and a default and	307
final order may be entered without the taking of testimony or	308
presentation of evidence. If the board finds an individual unable	309
to practice because of the reasons set forth in this division, the	310
board shall require the individual to submit to care, counseling,	311
or treatment by physicians approved or designated by the board, as	312
a condition for initial, continued, reinstated, or renewed	313
authority to practice. An individual affected under this division	314
shall be afforded an opportunity to demonstrate to the board the	315
ability to resume practice in compliance with acceptable and	316
prevailing standards under the provisions of the individual's	317
certificate. For the purpose of this division, any individual who	318
applies for or receives a certificate to practice under this	319
chapter accepts the privilege of practicing in this state and, by	320
so doing, shall be deemed to have given consent to submit to a	321
mental or physical examination when directed to do so in writing	322
by the board, and to have waived all objections to the	323
admissibility of testimony or examination reports that constitute	324
a privileged communication.	325

(20) Except when civil penalties are imposed under section	326
4731.225 or division (D) of section 4731.281 of the Revised Code	327
without any other action the board may take under this section,	328
and subject to section 4731.226 of the Revised Code, violating or	329
attempting to violate, directly or indirectly, or assisting in or	330
abetting the violation of, or conspiring to violate, any	331
provisions of this chapter or any rule promulgated by the board.	332

This division does not apply to a violation or attempted	333
violation of, assisting in or abetting the violation of, or a	334
conspiracy to violate, any provision of this chapter or any rule	335
adopted by the board that would preclude the making of a report by	336
a physician of an employee's use of a drug of abuse, or of a	337
condition of an employee other than one involving the use of a	338
drug of abuse, to the employer of the employee as described in	339
division (B) of section 2305.33 of the Revised Code. Nothing in	340
this division affects the immunity from civil liability conferred	341
by that section upon a physician who makes either type of report	342
in accordance with division (B) of that section. As used in this	343
division, "employee," "employer," and "physician" have the same	344
meanings as in section 2305.33 of the Revised Code.	345

(21) The violation of section 3701.79 of the Revised Code or	346
of any abortion rule adopted by the public health council pursuant	347
to section 3701.341 of the Revised Code;	348

(22) Any of the following actions taken by an agency	349
responsible for authorizing, certifying, or regulating an	350
individual to practice a health care occupation or provide health	351
care services in this state or another jurisdiction, for any	352
reason other than the nonpayment of fees: the limitation,	353
revocation, or suspension of an individual's license to practice;	354
acceptance of an individual's license surrender; denial of a	355
license; refusal to renew or reinstate a license; imposition of	356
probation; or issuance of an order of censure or other reprimand;	357

(23) The violation of section 2919.12 of the Revised Code or	358
the performance or inducement of an abortion upon a pregnant woman	359
with actual knowledge that the conditions specified in division	360
(B) of section 2317.56 of the Revised Code have not been satisfied	361
or with a heedless indifference as to whether those conditions	362
have been satisfied, unless an affirmative defense as specified in	363
division (H)(2) of that section would apply in a civil action	364
authorized by division (H)(1) of that section;	365

(24) The revocation, suspension, restriction, reduction, or	366
termination of clinical privileges by the United States department	367
of defense or department of veterans affairs or the termination or	368
suspension of a certificate of registration to prescribe drugs by	369
the drug enforcement administration of the United States	370
department of justice;	371

(25) Termination or suspension from participation in the	372
medicare or medicaid programs by the department of health and	373
human services or other responsible agency for any act or acts	374
that also would constitute a violation of division (B)(2), (3),	375
(6), (8), or (19) of this section;	376

(26) Impairment of ability to practice according to	377
acceptable and prevailing standards of care because of habitual or	378
excessive use or abuse of drugs, alcohol, or other substances that	379
impair ability to practice.	380

For the purposes of this division, any individual authorized	381
to practice by this chapter accepts the privilege of practicing in	382
this state subject to supervision by the board. By filing an	383
application for or holding a certificate to practice under this	384
chapter, an individual shall be deemed to have given consent to	385
submit to a mental or physical examination when ordered to do so	386
by the board in writing, and to have waived all objections to the	387
admissibility of testimony or examination reports that constitute	388
privileged communications.	389

If it has reason to believe that any individual authorized to	390
practice by this chapter or any applicant for certification to	391
practice suffers such impairment, the board may compel the	392
individual to submit to a mental or physical examination, or both.	393
The expense of the examination is the responsibility of the	394
individual compelled to be examined. Any mental or physical	395
examination required under this division shall be undertaken by a	396
treatment provider or physician who is qualified to conduct the	397
examination and who is chosen by the board.	398

Failure to submit to a mental or physical examination ordered	399
by the board constitutes an admission of the allegations against	400
the individual unless the failure is due to circumstances beyond	401
the individual's control, and a default and final order may be	402
entered without the taking of testimony or presentation of	403
evidence. If the board determines that the individual's ability to	404
practice is impaired, the board shall suspend the individual's	405
certificate or deny the individual's application and shall require	406
the individual, as a condition for initial, continued, reinstated,	407
or renewed certification to practice, to submit to treatment.	408

Before being eligible to apply for reinstatement of a	409
certificate suspended under this division, the impaired	410
practitioner shall demonstrate to the board the ability to resume	411
practice in compliance with acceptable and prevailing standards of	412
care under the provisions of the practitioner's certificate. The	413
demonstration shall include, but shall not be limited to, the	414
following:	415

(a) Certification from a treatment provider approved under	416
section 4731.25 of the Revised Code that the individual has	417
successfully completed any required inpatient treatment;	418

(b) Evidence of continuing full compliance with an aftercare	419
contract or consent agreement;	420

(c) Two written reports indicating that the individual's	421
ability to practice has been assessed and that the individual has	422
been found capable of practicing according to acceptable and	423
prevailing standards of care. The reports shall be made by	424
individuals or providers approved by the board for making the	425
assessments and shall describe the basis for their determination.	426

The board may reinstate a certificate suspended under this	427
division after that demonstration and after the individual has	428
entered into a written consent agreement.	429

When the impaired practitioner resumes practice, the board	430
shall require continued monitoring of the individual. The	431
monitoring shall include, but not be limited to, compliance with	432
the written consent agreement entered into before reinstatement or	433
with conditions imposed by board order after a hearing, and, upon	434
termination of the consent agreement, submission to the board for	435
at least two years of annual written progress reports made under	436
penalty of perjury stating whether the individual has maintained	437
sobriety.	438

(27) A second or subsequent violation of section 4731.66 or	439
4731.69 of the Revised Code;	440

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

441

(a) Waiving the payment of all or any part of a deductible or	442
copayment that a patient, pursuant to a health insurance or health	443
care policy, contract, or plan that covers the individual's	444
services, otherwise would be required to pay if the waiver is used	445
as an enticement to a patient or group of patients to receive	446
health care services from that individual;	447

(b) Advertising that the individual will waive the payment of	448
all or any part of a deductible or copayment that a patient,	449
pursuant to a health insurance or health care policy, contract, or	450
plan that covers the individual's services, otherwise would be	451
required to pay.	452

(29) Failure to use universal blood and body fluid	453
precautions established by rules adopted under section 4731.051 of	454
the Revised Code;	455

(30) Failure to provide notice to, and receive acknowledgment	456
of the notice from, a patient when required by section 4731.143 of	457
the Revised Code prior to providing nonemergency professional	458
services, or failure to maintain that notice in the patient's	459
file;	460

(31) Failure of a physician supervising a physician assistant	461
to maintain supervision in accordance with the requirements of	462
Chapter 4730. of the Revised Code and the rules adopted under that	463
chapter;	464

(32) Failure of a physician or podiatrist to enter into a	465
standard care arrangement with a clinical nurse specialist,	466
certified nurse-midwife, or certified nurse practitioner with whom	467
the physician or podiatrist is in collaboration pursuant to	468
section 4731.27 of the Revised Code or failure to fulfill the	469
responsibilities of collaboration after entering into a standard	470
care arrangement;	471

(33) Failure to comply with the terms of a consult agreement	472
entered into with a pharmacist pursuant to section 4729.39 of the	473
Revised Code;	474

(34) Failure to cooperate in an investigation conducted by	475
the board under division (F) of this section, including failure to	476
comply with a subpoena or order issued by the board or failure to	477
answer truthfully a question presented by the board in an	478
investigative interview, an investigative office conference, at a	479
deposition, or in written interrogatories, except that failure to	480
cooperate with an investigation shall not constitute grounds for	481
discipline under this section if a court of competent jurisdiction	482
has issued an order that either quashes a subpoena or permits the	483
individual to withhold the testimony or evidence in issue;	484

(35) Failure to supervise an oriental medicine practitioner	485
or acupuncturist in accordance with Chapter 4762. of the Revised	486
Code and the board's rules for providing that supervision;	487

(36) Failure to supervise an anesthesiologist assistant in	488
accordance with Chapter 4760. of the Revised Code and the board's	489
rules for supervision of an anesthesiologist assistant;	490

(37) Assisting suicide as defined in section 3795.01 of the	491
Revised Code;	492

(38) Failure to comply with the requirements of section	493
2317.561 of the Revised Code;	494

(39) Failure to supervise a radiologist assistant in	495
accordance with Chapter 4774. of the Revised Code and the board's	496
rules for supervision of radiologist assistants;	497

(40) Performing or inducing an abortion at an office or	498
facility with knowledge that the office or facility fails to post	499
the notice required under section 3701.791 of the Revised Code;	500

(41) Failure to comply with the standards and procedures	501
established in rules under section 4731.054 of the Revised Code	502
for the operation of or the provision of care at a pain management	503
clinic;	504

(42) Failure to comply with the standards and procedures	505
established in rules under section 4731.054 of the Revised Code	506
for providing supervision, direction, and control of individuals	507
at a pain management clinic;	508

(43) Failure to comply with the requirements of section	509
4729.79 of the Revised Code, unless the state board of pharmacy no	510
longer maintains a drug database pursuant to section 4729.75 of	511
the Revised Code;	512

(44) Failure to comply with the requirements of section	513
2919.171 of the Revised Code or failure to submit to the	514
department of health in accordance with a court order a complete	515
report as described in section 2919.171 of the Revised Code;	516

(45) Practicing at a facility that is subject to licensure as	517
a category III terminal distributor of dangerous drugs with a pain	518
management clinic classification unless the person operating the	519
facility has obtained and maintains the license with the	520
classification;	521

(46) Owning a facility that is subject to licensure as a	522
category III terminal distributor of dangerous drugs with a pain	523
management clinic classification unless the facility is licensed	524
with the classification;	525

(47) Failure to comply with the requirement regarding	526
maintaining notes described in division (B) of section 2919.191 of	527
the Revised Code or failure to satisfy the requirements of section	528
2919.191 of the Revised Code prior to performing or inducing an	529
abortion upon a pregnant woman.	530

(C) Disciplinary actions taken by the board under divisions	531
(A) and (B) of this section shall be taken pursuant to an	532
adjudication under Chapter 119. of the Revised Code, except that	533
in lieu of an adjudication, the board may enter into a consent	534
agreement with an individual to resolve an allegation of a	535
violation of this chapter or any rule adopted under it. A consent	536
agreement, when ratified by an affirmative vote of not fewer than	537
six members of the board, shall constitute the findings and order	538
of the board with respect to the matter addressed in the	539
agreement. If the board refuses to ratify a consent agreement, the	540
admissions and findings contained in the consent agreement shall	541
be of no force or effect.	542

A telephone conference call may be utilized for ratification	543
of a consent agreement that revokes or suspends an individual's	544
certificate to practice. The telephone conference call shall be	545
considered a special meeting under division (F) of section 121.22	546
of the Revised Code.	547

If the board takes disciplinary action against an individual	548
under division (B) of this section for a second or subsequent plea	549
of guilty to, or judicial finding of guilt of, a violation of	550
section 2919.123 of the Revised Code, the disciplinary action	551
shall consist of a suspension of the individual's certificate to	552
practice for a period of at least one year or, if determined	553
appropriate by the board, a more serious sanction involving the	554
individual's certificate to practice. Any consent agreement	555
entered into under this division with an individual that pertains	556
to a second or subsequent plea of guilty to, or judicial finding	557
of guilt of, a violation of that section shall provide for a	558
suspension of the individual's certificate to practice for a	559
period of at least one year or, if determined appropriate by the	560
board, a more serious sanction involving the individual's	561
certificate to practice.	562

(D) For purposes of divisions (B)(10), (12), and (14) of this	563
section, the commission of the act may be established by a finding	564
by the board, pursuant to an adjudication under Chapter 119. of	565
the Revised Code, that the individual committed the act. The board	566
does not have jurisdiction under those divisions if the trial	567
court renders a final judgment in the individual's favor and that	568
judgment is based upon an adjudication on the merits. The board	569
has jurisdiction under those divisions if the trial court issues	570
an order of dismissal upon technical or procedural grounds.	571

(E) The sealing of conviction records by any court shall have	572
no effect upon a prior board order entered under this section or	573
upon the board's jurisdiction to take action under this section	574
if, based upon a plea of guilty, a judicial finding of guilt, or a	575
judicial finding of eligibility for intervention in lieu of	576
conviction, the board issued a notice of opportunity for a hearing	577
prior to the court's order to seal the records. The board shall	578
not be required to seal, destroy, redact, or otherwise modify its	579
records to reflect the court's sealing of conviction records.	580

(F)(1) The board shall investigate evidence that appears to	581
show that a person has violated any provision of this chapter or	582
any rule adopted under it. Any person may report to the board in a	583
signed writing any information that the person may have that	584
appears to show a violation of any provision of this chapter or	585
any rule adopted under it. In the absence of bad faith, any person	586
who reports information of that nature or who testifies before the	587
board in any adjudication conducted under Chapter 119. of the	588
Revised Code shall not be liable in damages in a civil action as a	589
result of the report or testimony. Each complaint or allegation of	590
a violation received by the board shall be assigned a case number	591
and shall be recorded by the board.	592

(2) Investigations of alleged violations of this chapter or	593
any rule adopted under it shall be supervised by the supervising	594
member elected by the board in accordance with section 4731.02 of	595
the Revised Code and by the secretary as provided in section	596
4731.39 of the Revised Code. The president may designate another	597
member of the board to supervise the investigation in place of the	598
supervising member. No member of the board who supervises the	599
investigation of a case shall participate in further adjudication	600
of the case.	601

(3) In investigating a possible violation of this chapter or	602
any rule adopted under this chapter, or in conducting an	603
inspection under division (E) of section 4731.054 of the Revised	604
Code, the board may question witnesses, conduct interviews,	605
administer oaths, order the taking of depositions, inspect and	606
copy any books, accounts, papers, records, or documents, issue	607
subpoenas, and compel the attendance of witnesses and production	608
of books, accounts, papers, records, documents, and testimony,	609
except that a subpoena for patient record information shall not be	610
issued without consultation with the attorney general's office and	611
approval of the secretary and supervising member of the board.	612

(a) Before issuance of a subpoena for patient record	613
information, the secretary and supervising member shall determine	614
whether there is probable cause to believe that the complaint	615
filed alleges a violation of this chapter or any rule adopted	616
under it and that the records sought are relevant to the alleged	617
violation and material to the investigation. The subpoena may	618
apply only to records that cover a reasonable period of time	619
surrounding the alleged violation.	620

(b) On failure to comply with any subpoena issued by the	621
board and after reasonable notice to the person being subpoenaed,	622
the board may move for an order compelling the production of	623
persons or records pursuant to the Rules of Civil Procedure.	624

(c) A subpoena issued by the board may be served by a	625
sheriff, the sheriff's deputy, or a board employee designated by	626
the board. Service of a subpoena issued by the board may be made	627
by delivering a copy of the subpoena to the person named therein,	628
reading it to the person, or leaving it at the person's usual	629
place of residence, usual place of business, or address on file	630
with the board. When serving a subpoena to an applicant for or the	631
holder of a certificate issued under this chapter, service of the	632
subpoena may be made by certified mail, return receipt requested,	633
and the subpoena shall be deemed served on the date delivery is	634
made or the date the person refuses to accept delivery. If the	635
person being served refuses to accept the subpoena or is not	636
located, service may be made to an attorney who notifies the board	637
that the attorney is representing the person.	638

(d) A sheriff's deputy who serves a subpoena shall receive	639
the same fees as a sheriff. Each witness who appears before the	640
board in obedience to a subpoena shall receive the fees and	641
mileage provided for under section 119.094 of the Revised Code.	642

(4) All hearings, investigations, and inspections of the	643
board shall be considered civil actions for the purposes of	644
section 2305.252 of the Revised Code.	645

(5) A report required to be submitted to the board under this	646
chapter, a complaint, or information received by the board	647
pursuant to an investigation or pursuant to an inspection under	648
division (E) of section 4731.054 of the Revised Code is	649
confidential and not subject to discovery in any civil action.	650

The board shall conduct all investigations or inspections and	651
proceedings in a manner that protects the confidentiality of	652
patients and persons who file complaints with the board. The board	653
shall not make public the names or any other identifying	654
information about patients or complainants unless proper consent	655
is given or, in the case of a patient, a waiver of the patient	656
privilege exists under division (B) of section 2317.02 of the	657
Revised Code, except that consent or a waiver of that nature is	658
not required if the board possesses reliable and substantial	659
evidence that no bona fide physician-patient relationship exists.	660

The board may share any information it receives pursuant to	661
an investigation or inspection, including patient records and	662
patient record information, with law enforcement agencies, other	663
licensing boards, and other governmental agencies that are	664
prosecuting, adjudicating, or investigating alleged violations of	665
statutes or administrative rules. An agency or board that receives	666
the information shall comply with the same requirements regarding	667
confidentiality as those with which the state medical board must	668
comply, notwithstanding any conflicting provision of the Revised	669
Code or procedure of the agency or board that applies when it is	670
dealing with other information in its possession. In a judicial	671
proceeding, the information may be admitted into evidence only in	672
accordance with the Rules of Evidence, but the court shall require	673
that appropriate measures are taken to ensure that confidentiality	674
is maintained with respect to any part of the information that	675
contains names or other identifying information about patients or	676
complainants whose confidentiality was protected by the state	677
medical board when the information was in the board's possession.	678
Measures to ensure confidentiality that may be taken by the court	679
include sealing its records or deleting specific information from	680
its records.	681

(6) On a quarterly basis, the board shall prepare a report	682
that documents the disposition of all cases during the preceding	683
three months. The report shall contain the following information	684
for each case with which the board has completed its activities:	685

(a) The case number assigned to the complaint or alleged	686
violation;	687

(b) The type of certificate to practice, if any, held by the	688
individual against whom the complaint is directed;	689

(c) A description of the allegations contained in the	690
complaint;	691

(d) The disposition of the case.

692

The report shall state how many cases are still pending and	693
shall be prepared in a manner that protects the identity of each	694
person involved in each case. The report shall be a public record	695
under section 149.43 of the Revised Code.	696

(G) If the secretary and supervising member determine both of	697
the following, they may recommend that the board suspend an	698
individual's certificate to practice without a prior hearing:	699

(1) That there is clear and convincing evidence that an	700
individual has violated division (B) of this section;	701

(2) That the individual's continued practice presents a	702
danger of immediate and serious harm to the public.	703

Written allegations shall be prepared for consideration by	704
the board. The board, upon review of those allegations and by an	705
affirmative vote of not fewer than six of its members, excluding	706
the secretary and supervising member, may suspend a certificate	707
without a prior hearing. A telephone conference call may be	708
utilized for reviewing the allegations and taking the vote on the	709
summary suspension.	710

The board shall issue a written order of suspension by	711
certified mail or in person in accordance with section 119.07 of	712
the Revised Code. The order shall not be subject to suspension by	713
the court during pendency of any appeal filed under section 119.12	714
of the Revised Code. If the individual subject to the summary	715
suspension requests an adjudicatory hearing by the board, the date	716
set for the hearing shall be within fifteen days, but not earlier	717
than seven days, after the individual requests the hearing, unless	718
otherwise agreed to by both the board and the individual.	719

Any summary suspension imposed under this division shall	720
remain in effect, unless reversed on appeal, until a final	721
adjudicative order issued by the board pursuant to this section	722
and Chapter 119. of the Revised Code becomes effective. The board	723
shall issue its final adjudicative order within seventy-five days	724
after completion of its hearing. A failure to issue the order	725
within seventy-five days shall result in dissolution of the	726
summary suspension order but shall not invalidate any subsequent,	727
final adjudicative order.	728

(H) If the board takes action under division (B)(9), (11), or	729
(13) of this section and the judicial finding of guilt, guilty	730
plea, or judicial finding of eligibility for intervention in lieu	731
of conviction is overturned on appeal, upon exhaustion of the	732
criminal appeal, a petition for reconsideration of the order may	733
be filed with the board along with appropriate court documents.	734
Upon receipt of a petition of that nature and supporting court	735
documents, the board shall reinstate the individual's certificate	736
to practice. The board may then hold an adjudication under Chapter	737
119. of the Revised Code to determine whether the individual	738
committed the act in question. Notice of an opportunity for a	739
hearing shall be given in accordance with Chapter 119. of the	740
Revised Code. If the board finds, pursuant to an adjudication held	741
under this division, that the individual committed the act or if	742
no hearing is requested, the board may order any of the sanctions	743
identified under division (B) of this section.	744

(I) The certificate to practice issued to an individual under	745
this chapter and the individual's practice in this state are	746
automatically suspended as of the date of the individual's second	747
or subsequent plea of guilty to, or judicial finding of guilt of,	748
a violation of section 2919.123 of the Revised Code, or the date	749
the individual pleads guilty to, is found by a judge or jury to be	750
guilty of, or is subject to a judicial finding of eligibility for	751
intervention in lieu of conviction in this state or treatment or	752
intervention in lieu of conviction in another jurisdiction for any	753
of the following criminal offenses in this state or a	754
substantially equivalent criminal offense in another jurisdiction:	755
aggravated murder, murder, voluntary manslaughter, felonious	756
assault, kidnapping, rape, sexual battery, gross sexual	757
imposition, aggravated arson, aggravated robbery, or aggravated	758
burglary. Continued practice after suspension shall be considered	759
practicing without a certificate.	760

The board shall notify the individual subject to the	761
suspension by certified mail or in person in accordance with	762
section 119.07 of the Revised Code. If an individual whose	763
certificate is automatically suspended under this division fails	764
to make a timely request for an adjudication under Chapter 119. of	765
the Revised Code, the board shall do whichever of the following is	766
applicable:	767

(1) If the automatic suspension under this division is for a	768
second or subsequent plea of guilty to, or judicial finding of	769
guilt of, a violation of section 2919.123 of the Revised Code, the	770
board shall enter an order suspending the individual's certificate	771
to practice for a period of at least one year or, if determined	772
appropriate by the board, imposing a more serious sanction	773
involving the individual's certificate to practice.	774

(2) In all circumstances in which division (I)(1) of this	775
section does not apply, enter a final order permanently revoking	776
the individual's certificate to practice.	777

(J) If the board is required by Chapter 119. of the Revised	778
Code to give notice of an opportunity for a hearing and if the	779
individual subject to the notice does not timely request a hearing	780
in accordance with section 119.07 of the Revised Code, the board	781
is not required to hold a hearing, but may adopt, by an	782
affirmative vote of not fewer than six of its members, a final	783
order that contains the board's findings. In that final order, the	784
board may order any of the sanctions identified under division (A)	785
or (B) of this section.	786

(K) Any action taken by the board under division (B) of this	787
section resulting in a suspension from practice shall be	788
accompanied by a written statement of the conditions under which	789
the individual's certificate to practice may be reinstated. The	790
board shall adopt rules governing conditions to be imposed for	791
reinstatement. Reinstatement of a certificate suspended pursuant	792
to division (B) of this section requires an affirmative vote of	793
not fewer than six members of the board.	794

(L) When the board refuses to grant a certificate to an	795
applicant, revokes an individual's certificate to practice,	796
refuses to register an applicant, or refuses to reinstate an	797
individual's certificate to practice, the board may specify that	798
its action is permanent. An individual subject to a permanent	799
action taken by the board is forever thereafter ineligible to hold	800
a certificate to practice and the board shall not accept an	801
application for reinstatement of the certificate or for issuance	802
of a new certificate.	803

(M) Notwithstanding any other provision of the Revised Code,	804
all of the following apply:	805

(1) The surrender of a certificate issued under this chapter	806
shall not be effective unless or until accepted by the board. A	807
telephone conference call may be utilized for acceptance of the	808
surrender of an individual's certificate to practice. The	809
telephone conference call shall be considered a special meeting	810
under division (F) of section 121.22 of the Revised Code.	811
Reinstatement of a certificate surrendered to the board requires	812
an affirmative vote of not fewer than six members of the board.	813

(2) An application for a certificate made under the	814
provisions of this chapter may not be withdrawn without approval	815
of the board.	816

(3) Failure by an individual to renew a certificate of	817
registration in accordance with this chapter shall not remove or	818
limit the board's jurisdiction to take any disciplinary action	819
under this section against the individual.	820

(4) At the request of the board, a certificate holder shall	821
immediately surrender to the board a certificate that the board	822
has suspended, revoked, or permanently revoked.	823

(N) Sanctions shall not be imposed under division (B)(28) of	824
this section against any person who waives deductibles and	825
copayments as follows:	826

(1) In compliance with the health benefit plan that expressly	827
allows such a practice. Waiver of the deductibles or copayments	828
shall be made only with the full knowledge and consent of the plan	829
purchaser, payer, and third-party administrator. Documentation of	830
the consent shall be made available to the board upon request.	831

(2) For professional services rendered to any other person	832
authorized to practice pursuant to this chapter, to the extent	833
allowed by this chapter and rules adopted by the board.	834

(O) Under the board's investigative duties described in this	835
section and subject to division (F) of this section, the board	836
shall develop and implement a quality intervention program	837
designed to improve through remedial education the clinical and	838
communication skills of individuals authorized under this chapter	839
to practice medicine and surgery, osteopathic medicine and	840
surgery, and podiatric medicine and surgery. In developing and	841
implementing the quality intervention program, the board may do	842
all of the following:	843

(1) Offer in appropriate cases as determined by the board an	844
educational and assessment program pursuant to an investigation	845
the board conducts under this section;	846

(2) Select providers of educational and assessment services,	847
including a quality intervention program panel of case reviewers;	848

(3) Make referrals to educational and assessment service	849
providers and approve individual educational programs recommended	850
by those providers. The board shall monitor the progress of each	851
individual undertaking a recommended individual educational	852
program.	853

(4) Determine what constitutes successful completion of an	854
individual educational program and require further monitoring of	855
the individual who completed the program or other action that the	856
board determines to be appropriate;	857

(5) Adopt rules in accordance with Chapter 119. of the	858
Revised Code to further implement the quality intervention	859
program.	860

An individual who participates in an individual educational	861
program pursuant to this division shall pay the financial	862
obligations arising from that educational program.	863

Sec. 4731.222.  (A) This section applies to both of the	864
following:	865

(1) An applicant seeking restoration of a certificate issued	866
under this chapter that has been in a suspended or inactive state	867
for any cause for more than two years;	868

(2) An applicant seeking issuance of a certificate pursuant	869
to section 4731.17, 4731.29, 4731.295, 4731.57, or 4731.571 of the	870
Revised Code who for more than two years has not been engaged in	871
the practice of medicine and surgery, osteopathic medicine and	872
surgery, podiatric medicine and surgery, or a limited branch of	873
medicine as any of the following:	874

(a) An active practitioner;

875

(b) A participant in a program of graduate medical education,	876
as defined in section 4731.091 of the Revised Code;	877

(c) A student in a college of podiatry determined by the	878
state medical board to be in good standing;	879

(d) A student in a school, college, or institution giving	880
instruction in a limited branch of medicine determined by the	881
board to be in good standing under section 4731.16 of the Revised	882
Code.	883

(B) Before restoring a certificate to good standing for or	884
issuing a certificate to an applicant subject to this section, the	885
state medical board may impose terms and conditions including any	886
one or more of the following:	887

(1) Requiring the applicant to pass an oral or written	888
examination, or both, to determine the applicant's present fitness	889
to resume practice;	890

(2) Requiring the applicant to obtain additional training and	891
to pass an examination upon completion of such training;	892

(3) Requiring an assessment of the applicant's physical	893
skills for purposes of determining whether the applicant's	894
coordination, fine motor skills, and dexterity are sufficient for	895
performing medical evaluations and procedures in a manner that	896
meets the minimal standards of care;	897

(4) Requiring an assessment of the applicant's skills in	898
recognizing and understanding diseases and conditions;	899

(5) Requiring the applicant to undergo a comprehensive	900
physical examination, which may include an assessment of physical	901
abilities, evaluation of sensory capabilities, or screening for	902
the presence of neurological disorders;	903

(6) Restricting or limiting the extent, scope, or type of	904
practice of the applicant.	905

The board shall consider the moral background and the	906
activities of the applicant during the period of suspension or	907
inactivity, in accordance with section 4731.08, 4731.19, or	908
4731.52 of the Revised Code. The board shall not restore a	909
certificate under this section unless the applicant complies with	910
sections 4776.01 to 4776.04 of the Revised Code.	911

Sec. 4731.225. (A) If the holder of a certificate issued	912
under this chapter violates division (A), (B), or (C) of section	913
4731.66 or section 4731.69 of the Revised Code, or if any other	914
person violates division (B) or (C) of section 4731.66 or section	915
4731.69 of the Revised Code, the state medical board, pursuant to	916
an adjudication under Chapter 119. of the Revised Code and an	917
affirmative vote of not fewer than six of its members, shall:	918

(A)(1) For a first violation, impose a civil penalty of not	919
more than five thousand dollars;	920

(B)(2) For each subsequent violation, impose a civil penalty	921
of not more than twenty thousand dollars and, if the violator is a	922
certificate holder, proceed under division (B)(27) of section	923
4731.22 of the Revised Code.	924

(B) If the holder of a certificate issued under this chapter	925
violates any section of this chapter other than section 4731.281	926
of the Revised Code or the sections specified in division (A) of	927
this section, or violates any rule adopted under this chapter, the	928
board may, pursuant to an adjudication under Chapter 119. of the	929
Revised Code and an affirmative vote of not fewer than six of its	930
members, impose a civil penalty of not more than twenty thousand	931
dollars. The civil penalty may be in addition to any other action	932
the board may take under section 4731.22 of the Revised Code.	933

(C) Amounts received from payment of civil penalties imposed	934
under this section shall be deposited by the board in accordance	935
with section 4731.24 of the Revised Code.	936

Sec. 4731.281.  (A) On or before the deadline established	937
under division (B) of this section for applying for renewal of a	938
certificate of registration, each person holding a certificate	939
under this chapter to practice medicine and surgery, osteopathic	940
medicine and surgery, or podiatric medicine and surgery shall	941
certify to the state medical board that in the preceding two years	942
the person has completed one hundred hours of continuing medical	943
education. The certification shall be made upon the application	944
for biennial registration submitted pursuant to division (B) of	945
this section. The board shall adopt rules providing for pro rata	946
reductions by month of the number of hours of continuing education	947
required for persons who are in their first registration period,	948
who have been disabled due to illness or accident, or who have	949
been absent from the country.	950

In determining whether a course, program, or activity	951
qualifies for credit as continuing medical education, the board	952
shall approve all continuing medical education taken by persons	953
holding a certificate to practice medicine and surgery that is	954
certified by the Ohio state medical association, all continuing	955
medical education taken by persons holding a certificate to	956
practice osteopathic medicine and surgery that is certified by the	957
Ohio osteopathic association, and all continuing medical education	958
taken by persons holding a certificate to practice podiatric	959
medicine and surgery that is certified by the Ohio podiatric	960
medical association. Each person holding a certificate to practice	961
under this chapter shall be given sufficient choice of continuing	962
education programs to ensure that the person has had a reasonable	963
opportunity to participate in continuing education programs that	964
are relevant to the person's medical practice in terms of subject	965
matter and level.	966

The board may require a random sample of persons holding a	967
certificate to practice under this chapter to submit materials	968
documenting completion of the continuing medical education	969
requirement during the preceding registration period, but this	970
provision shall not limit the board's authority to investigate	971
pursuant to section 4731.22 of the Revised Code.	972

(B)(1) Every person holding a certificate under this chapter	973
to practice medicine and surgery, osteopathic medicine and	974
surgery, or podiatric medicine and surgery wishing to renew that	975
certificate shall apply to the board for a certificate of	976
registration upon an application furnished by the board, and pay	977
to the board at the time of application a fee of three hundred	978
five dollars, according to the following schedule:	979

(a) Persons whose last name begins with the letters "A"	980
through "B," on or before April 1, 2001, and the first day of	981
April of every odd-numbered year thereafter;	982

(b) Persons whose last name begins with the letters "C"	983
through "D," on or before January 1, 2001, and the first day of	984
January of every odd-numbered year thereafter;	985

(c) Persons whose last name begins with the letters "E"	986
through "G," on or before October 1, 2000, and the first day of	987
October of every even-numbered year thereafter;	988

(d) Persons whose last name begins with the letters "H"	989
through "K," on or before July 1, 2000, and the first day of July	990
of every even-numbered year thereafter;	991

(e) Persons whose last name begins with the letters "L"	992
through "M," on or before April 1, 2000, and the first day of	993
April of every even-numbered year thereafter;	994

(f) Persons whose last name begins with the letters "N"	995
through "R," on or before January 1, 2000, and the first day of	996
January of every even-numbered year thereafter;	997

(g) Persons whose last name begins with the letter "S," on or	998
before October 1, 1999, and the first day of October of every	999
odd-numbered year thereafter;	1000

(h) Persons whose last name begins with the letters "T"	1001
through "Z," on or before July 1, 1999, and the first day of July	1002
of every odd-numbered year thereafter.	1003

The board shall deposit the fee in accordance with section	1004
4731.24 of the Revised Code, except that the board shall deposit	1005
twenty dollars of the fee into the state treasury to the credit of	1006
the physician loan repayment fund created by section 3702.78 of	1007
the Revised Code.	1008

(2) The board shall mail or cause to be mailed to every	1009
person registered to practice medicine and surgery, osteopathic	1010
medicine and surgery, or podiatric medicine and surgery, a notice	1011
of registration renewal addressed to the person's last known	1012
address or may cause the notice to be sent to the person through	1013
the secretary of any recognized medical, osteopathic, or podiatric	1014
society, according to the following schedule:	1015

(a) To persons whose last name begins with the letters "A"	1016
through "B," on or before January 1, 2001, and the first day of	1017
January of every odd-numbered year thereafter;	1018

(b) To persons whose last name begins with the letters "C"	1019
through "D," on or before October 1, 2000, and the first day of	1020
October of every even-numbered year thereafter;	1021

(c) To persons whose last name begins with the letters "E"	1022
through "G," on or before July 1, 2000, and the first day of July	1023
of every even-numbered year thereafter;	1024

(d) To persons whose last name begins with the letters "H"	1025
through "K," on or before April 1, 2000, and the first day of	1026
April of every even-numbered year thereafter;	1027

(e) To persons whose last name begins with the letters "L"	1028
through "M," on or before January 1, 2000, and the first day of	1029
January of every even-numbered year thereafter;	1030

(f) To persons whose last name begins with the letters "N"	1031
through "R," on or before October 1, 1999, and the first day of	1032
October of every odd-numbered year thereafter;	1033

(g) To persons whose last name begins with the letter "S," on	1034
or before July 1, 1999, and the first day of July of every	1035
odd-numbered year thereafter;	1036

(h) To persons whose last name begins with the letters "T"	1037
through "Z," on or before April 1, 1999, and the first day of	1038
April of every odd-numbered year thereafter.	1039

Failure of any person to receive a notice of renewal from the	1040
board shall not excuse the person from the requirements contained	1041
in this section.	1042

The notice shall inform the applicant of the renewal	1043
procedure. The board shall provide the application for	1044
registration renewal in a form determined by the board. The	1045
applicant shall provide in the application the applicant's full	1046
name, principal practice address and residence address, the number	1047
of the applicant's certificate to practice, and any other	1048
information required by the board. The applicant shall include	1049
with the application a list of the names and addresses of any	1050
clinical nurse specialists, certified nurse-midwives, or certified	1051
nurse practitioners with whom the applicant is currently	1052
collaborating, as defined in section 4723.01 of the Revised Code.	1053
The applicant shall execute and deliver the application to the	1054
board in a manner prescribed by the board. Every person registered	1055
under this section shall give written notice to the board of any	1056
change of principal practice address or residence address or in	1057
the list within thirty days of the change.	1058

The applicant shall report any criminal offense to which the	1059
applicant has pleaded guilty, of which the applicant has been	1060
found guilty, or for which the applicant has been found eligible	1061
for intervention in lieu of conviction, since last filing an	1062
application for a certificate of registration.	1063

(C) The board shall issue to any person holding a certificate	1064
under this chapter to practice medicine and surgery, osteopathic	1065
medicine and surgery, or podiatric medicine and surgery, upon	1066
application and qualification therefor in accordance with this	1067
section, a certificate of registration under the seal of the	1068
board. A certificate of registration shall be valid for a two-year	1069
period.	1070

(D) Failure of any certificate holder to register and comply	1071
with this section shall operate automatically to suspend the	1072
holder's certificate to practice. Continued practice after the	1073
suspension of the certificate to practice shall be considered as	1074
practicing in violation of section 4731.41, 4731.43, or 4731.60 of	1075
the Revised Code. If the certificate has been suspended pursuant	1076
to this division for two years or less, it may be reinstated. The	1077
board shall reinstate a certificate to practice suspended for	1078
failure to register upon an applicant's submission of a renewal	1079
application, the biennial registration fee, and the applicable	1080
monetary penalty. The penalty for reinstatement shall be fifty	1081
dollars. If the certificate has been suspended pursuant to this	1082
division for more than two years, it may be restored. Subject to	1083
section 4731.222 of the Revised Code, the board may restore a	1084
certificate to practice suspended for failure to register upon an	1085
applicant's submission of a restoration application, the biennial	1086
registration fee, and the applicable monetary penalty and	1087
compliance with sections 4776.01 to 4776.04 of the Revised Code.	1088
The board shall not restore to an applicant a certificate to	1089
practice unless the board, in its discretion, decides that the	1090
results of the criminal records check do not make the applicant	1091
ineligible for a certificate issued pursuant to section 4731.14,	1092
4731.56, or 4731.57 of the Revised Code. The penalty for	1093
restoration shall be one hundred dollars. The board shall deposit	1094
the penalties in accordance with section 4731.24 of the Revised	1095
Code.	1096

(E) If an individual certifies completion of the number of	1097
hours and type of continuing medical education required to receive	1098
a certificate of registration or reinstatement of a certificate to	1099
practice, and the board finds through the random samples it	1100
conducts under this section or through any other means that the	1101
individual did not complete the requisite continuing medical	1102
education, theThe board may impose a civil penalty of not more	1103
than five thousand dollars if, through a random sample it conducts	1104
under this section or through any other means, it finds that an	1105
individual certified that the individual completed the number of	1106
hours and type of continuing medical education required for	1107
renewal of a certificate of registration when the individual did	1108
not fulfill the requirement. The board's finding shall be made	1109
pursuant to an adjudication under Chapter 119. of the Revised Code	1110
and by an affirmative vote of not fewer than six members.	1111

A civil penalty imposed under this division may be in	1112
addition to or in lieu of any other action the board may take	1113
under section 4731.22 of the Revised Code. The board shall deposit	1114
civil penalties in accordance with section 4731.24 of the Revised	1115
Codeshall not conduct an adjudication under Chapter 119. of the	1116
Revised Code if the board imposes only a civil penalty.	1117

(F)Pursuant to section 4731.22 of the Revised Code, the	1118
board may suspend an individual's certificate to practice for	1119
failure to register and comply with this section. If an individual	1120
continues to practice after suspension, that activity constitutes	1121
practicing in violation of section 4731.41 or 4731.60 of the	1122
Revised Code. If the certificate has been suspended for two years	1123
or less, it may be reinstated. The board shall reinstate a	1124
certificate to practice for failure to register on an applicant's	1125
submission of a renewal application, the biennial registration	1126
fee, and the applicable monetary penalty. If the certificate has	1127
been suspended for more than two years, it may be restored.	1128
Subject to section 4731.222 of the Revised Code, the board may	1129
restore a certificate to practice suspended for failure to	1130
register on an applicant's submission of a restoration	1131
application, the biennial registration fee, and the applicable	1132
monetary penalty and compliance with sections 4776.01 to 4776.04	1133
of the Revised Code. The board shall not restore to an applicant a	1134
certificate to practice unless the board, in its discretion,	1135
decides that the results of the criminal records check required by	1136
section 4776.02 of the Revised Code do not make the applicant	1137
ineligible for a certificate issued pursuant to section 4731.14,	1138
4731.56, or 4731.57 of the Revised Code.	1139

The monetary penalty for reinstatement is one hundred	1140
dollars. The monetary penalty for restoration is two hundred	1141
dollars.	1142

Amounts received from payment of civil penalties and monetary	1143
penalties imposed under this division shall be deposited in	1144
accordance with section 4731.24 of the Revised Code.	1145

(E) The state medical board may obtain information not	1146
protected by statutory or common law privilege from courts and	1147
other sources concerning malpractice claims against any person	1148
holding a certificate to practice under this chapter or practicing	1149
as provided in section 4731.36 of the Revised Code.	1150

(G)(F) Each mailing sent by the board under division (B)(2)	1151
of this section to a person registered to practice medicine and	1152
surgery or osteopathic medicine and surgery shall inform the	1153
applicant of the reporting requirement established by division (H)	1154
of section 3701.79 of the Revised Code. At the discretion of the	1155
board, the information may be included on the application for	1156
registration or on an accompanying page.	1157

Sec. 4760.133.  If an anesthesiologist assistant violates any	1158
section of this chapter or any rule adopted under this chapter,	1159
the state medical board may, pursuant to an adjudication under	1160
Chapter 119. of the Revised Code and an affirmative vote of not	1161
fewer than six of its members, impose a civil penalty of not more	1162
than twenty thousand dollars. The civil penalty may be in addition	1163
to any other action the board may take under section 4760.13 of	1164
the Revised Code.	1165

Amounts received from payment of civil penalties imposed	1166
under this section shall be deposited by the board in accordance	1167
with section 4731.24 of the Revised Code.	1168

Sec. 4762.133.  If an oriental medicine practitioner or	1169
acupuncturist violates any section of this chapter or any rule	1170
adopted under this chapter, the state medical board may, pursuant	1171
to an adjudication under Chapter 119. of the Revised Code and an	1172
affirmative vote of not fewer than six of its members, impose a	1173
civil penalty of not more than twenty thousand dollars. The civil	1174
penalty may be in addition to any other action the board may take	1175
under section 4762.13 of the Revised Code.	1176

Amounts received from payment of civil penalties imposed	1177
under this section shall be deposited by the board in accordance	1178
with section 4731.24 of the Revised Code.	1179

Sec. 4774.133.  If a radiologist assistant violates any	1180
section of this chapter or any rule adopted under this chapter,	1181
the state medical board may, pursuant to an adjudication under	1182
Chapter 119. of the Revised Code and an affirmative vote of not	1183
fewer than six of its members, impose a civil penalty of not more	1184
than twenty thousand dollars. The civil penalty may be in addition	1185
to any other action the board may take under section 4774.13 of	1186
the Revised Code.	1187

Amounts received from payment of civil penalties imposed	1188
under this section shall be deposited by the board in accordance	1189
with section 4731.24 of the Revised Code.	1190

Sec. 4778.06. (A) An individual seeking to renew a license to	1191
practice as a genetic counselor shall, on or before the	1192
thirty-first day of January of each even-numbered year, apply for	1193
renewal of the license. The state medical board shall send renewal	1194
notices at least one month prior to the expiration date.	1195

Renewal applications shall be submitted to the board in a	1196
manner prescribed by the board. Each application shall be	1197
accompanied by a biennial renewal fee of one hundred fifty	1198
dollars.	1199

The applicant shall report any criminal offense to which the	1200
applicant has pleaded guilty, of which the applicant has been	1201
found guilty, or for which the applicant has been found eligible	1202
for intervention in lieu of conviction, since last signing an	1203
application for a license to practice as a genetic counselor.	1204

(B) To be eligible for renewal, a genetic counselor shall	1205
certify to the board that the counselor has done both of the	1206
following:	1207

(1) Maintained the counselor's status as a certified genetic	1208
counselor;	1209

(2) Completed at least thirty hours of continuing education	1210
in genetic counseling that has been approved by the national	1211
society of genetic counselors or American board of genetic	1212
counseling.	1213

(C) If an applicant submits a renewal application that the	1214
board considers to be complete and qualifies for renewal pursuant	1215
to division (B) of this section, the board shall issue to the	1216
applicant a renewed license to practice as a genetic counselor.	1217

(D) The board may require a random sample of genetic	1218
counselors to submit materials documenting that their status as	1219
certified genetic counselors has been maintained and that the	1220
number of hours of continuing education required under division	1221
(B)(2) of this section has been completed.	1222

If a genetic counselor certifies that the genetic counselor	1223
has completed the number of hours and type of continuing education	1224
required for renewal of a license, and the board finds through the	1225
random sample or any other means that the genetic counselor did	1226
not complete the requisite continuing education, the board may	1227
impose a civil penalty of not more than five thousand dollars. The	1228
board's finding shall be made pursuant to an adjudication under	1229
Chapter 119. of the Revised Code and by an affirmative vote of not	1230
fewer than six members. A	1231

A civil penalty imposed under this division may be in	1232
addition to or in lieu of any other action the board may take	1233
under section 4778.14 of the Revised Code. The board shall not	1234
conduct an adjudication under Chapter 119. of the Revised Code if	1235
the board imposes only a civil penalty.	1236

Sec. 4778.141.  If a genetic counselor violates any section	1237
of this chapter other than section 4778.06 of the Revised Code or	1238
violates any rule adopted under this chapter, the state medical	1239
board may, pursuant to an adjudication under Chapter 119. of the	1240
Revised Code and an affirmative vote of not fewer than six of its	1241
members, impose a civil penalty of not more than twenty thousand	1242
dollars. The civil penalty may be in addition to any other action	1243
the board may take under section 4778.14 of the Revised Code.	1244

Amounts received from payment of civil penalties imposed	1245
under this section shall be deposited by the board in accordance	1246
with section 4731.24 of the Revised Code.	1247

Section 2. That existing sections 4730.14, 4731.22, 4731.222,	1248
4731.225, 4731.281, and 4778.06 of the Revised Code are hereby	1249
repealed.	1250