| Section 1. That sections 4723.481, 4729.071, 4729.51, | 10 |
|
4729.54, 4729.541, 4729.55, 4729.78, 4729.79, 4729.81, 4729.82, | 11 |
|
4729.99, 4731.052, 4731.22, 4731.283, 4776.02, and 4776.04 be | 12 |
|
amended and sections 4729.552, 4729.561, 4729.571, 4729.85, | 13 |
|
4731.054, 4731.055, 4731.228, and 4731.241 of the Revised Code be | 14 |
|
enacted to read as follows: | 15 |
| (1) The nurse shall personally furnish only antibiotics, | 49 |
|
antifungals, scabicides, contraceptives, prenatal vitamins, | 50 |
|
antihypertensives, drugs and devices used in the treatment of | 51 |
|
diabetes, drugs and devices used in the treatment of asthma, and | 52 |
|
drugs used in the treatment of dyslipidemia. | 53 |
| (B) In addition to any other eligibility requirement set | 69 |
|
forth in this chapter, each applicant for an initial license shall | 70 |
|
comply with sections 4776.01 to 4776.04 of the Revised Code. The | 71 |
|
state board of pharmacy shall not grant a license to an applicant | 72 |
|
for an initial license unless the applicant complies with sections | 73 |
|
4776.01 to 4776.04 of the Revised Code and the board, in its | 74 |
|
discretion, decides that the results of the criminal records check | 75 |
|
do not make the applicant ineligible for a license issued pursuant | 76 |
to section 4729.08, 4729.09, or 4729.11, or 4729.552 of the | 77 |
|
Revised Code. | 78 |
| (a) A licensed health professional authorized to prescribe | 97 |
|
drugs, except that a wholesale distributor of dangerous drugs may | 98 |
|
not possess for sale, or sell, at wholesale, dangerous drugs to a | 99 |
|
licensed health professional authorized to prescribe drugs if the | 100 |
|
professional is employed by a pain management clinic, as defined | 101 |
|
in section 4731.054 of the Revised Code, that is not licensed as a | 102 |
|
terminal distributor of dangerous drugs with a pain management | 103 |
|
clinic classification under section 4729.552 of the Revised Code; | 104 |
| (h) An individual who holds a current license, certificate, | 116 |
|
or registration issued under Title 47 of the Revised Code and has | 117 |
|
been certified to conduct diabetes education by a national | 118 |
|
certifying body specified in rules adopted by the state board of | 119 |
|
pharmacy under section 4729.68 of the Revised Code, but only with | 120 |
|
respect to insulin that will be used for the purpose of diabetes | 121 |
|
education and only if diabetes education is within the | 122 |
|
individual's scope of practice under statutes and rules regulating | 123 |
|
the individual's profession; | 124 |
| (j) A business entity that is a corporation formed under | 130 |
|
division (B) of section 1701.03 of the Revised Code, a limited | 131 |
|
liability company formed under Chapter 1705. of the Revised Code, | 132 |
|
or a professional association formed under Chapter 1785. of the | 133 |
|
Revised Code if the entity has a sole shareholder who is a | 134 |
|
licensed health professional authorized to prescribe drugs and is | 135 |
|
authorized to provide the professional services being offered by | 136 |
|
the entity, except that a wholesale distributor of dangerous drugs | 137 |
|
may not possess for sale, or sell, at wholesale, dangerous drugs | 138 |
|
to an entity described in division (B)(1)(j) of this section if | 139 |
|
the entity is a pain management clinic, as defined in section | 140 |
|
4731.054 of the Revised Code, that is not licensed as a terminal | 141 |
|
distributor of dangerous drugs with a pain management clinic | 142 |
|
classification under section 4729.552 of the Revised Code; | 143 |
| (k) A business entity that is a corporation formed under | 144 |
|
division (B) of section 1701.03 of the Revised Code, a limited | 145 |
|
liability company formed under Chapter 1705. of the Revised Code, | 146 |
|
a partnership or a limited liability partnership formed under | 147 |
|
Chapter 1775. of the Revised Code, or a professional association | 148 |
|
formed under Chapter 1785. of the Revised Code, if, to be a | 149 |
|
shareholder, member, or partner, an individual is required to be | 150 |
|
licensed, certified, or otherwise legally authorized under Title | 151 |
|
XLVII of the Revised Code to perform the professional service | 152 |
|
provided by the entity and each such individual is a licensed | 153 |
|
health professional authorized to prescribe drugs, except that a | 154 |
|
wholesale distributor of dangerous drugs may not possess for sale, | 155 |
|
or sell, at wholesale, dangerous drugs to an entity described in | 156 |
|
division (B)(1)(k) of this section if the entity is a pain | 157 |
|
management clinic, as defined in section 4731.054 of the Revised | 158 |
|
Code, that is not licensed as a terminal distributor of dangerous | 159 |
|
drugs with a pain management clinic classification under section | 160 |
|
4729.552 of the Revised Code. | 161 |
| (4) Divisions (C)(1), (2), and (3) of this section do not | 187 |
|
apply to a registered wholesale distributor of dangerous drugs, a | 188 |
|
licensed terminal distributor of dangerous drugs, or a person who | 189 |
|
possesses, or possesses for sale or sells, at retail, a dangerous | 190 |
|
drug in accordance with Chapters 3719., 4715., 4723., 4725., | 191 |
|
4729., 4730., 4731., and 4741. of the Revised Code. | 192 |
| Divisions (C)(1), (2), and (3) of this section do not apply | 193 |
|
to an individual who holds a current license, certificate, or | 194 |
|
registration issued under Title XLVII of the Revised Code and has | 195 |
|
been certified to conduct diabetes education by a national | 196 |
|
certifying body specified in rules adopted by the state board of | 197 |
|
pharmacy under section 4729.68 of the Revised Code, but only to | 198 |
|
the extent that the individual possesses insulin or personally | 199 |
|
supplies insulin solely for the purpose of diabetes education and | 200 |
|
only if diabetes education is within the individual's scope of | 201 |
|
practice under statutes and rules regulating the individual's | 202 |
|
profession. | 203 |
| Divisions (C)(1), (2), and (3) of this section do not apply | 204 |
|
to an individual who holds a valid certificate issued by a | 205 |
|
nationally recognized S.C.U.B.A. diving certifying organization | 206 |
|
approved by the pharmacy board in rule, but only to the extent | 207 |
|
that the individual possesses medical oxygen or personally | 208 |
|
supplies medical oxygen for the purpose of emergency care or | 209 |
|
treatment at the scene of a diving emergency. | 210 |
| (E) No licensed terminal distributor of dangerous drugs shall | 227 |
|
engage in the sale or other distribution of dangerous drugs at | 228 |
|
retail or maintain possession, custody, or control of dangerous | 229 |
|
drugs for any purpose other than the distributor's personal use or | 230 |
|
consumption, at any establishment or place other than that or | 231 |
|
those described in the license issued by the board of pharmacy to | 232 |
|
such terminal distributor. | 233 |
| (1) "Category I" means single-dose injections of intravenous | 241 |
|
fluids, including saline, Ringer's lactate, five per cent dextrose | 242 |
|
and distilled water, and other intravenous fluids or parenteral | 243 |
|
solutions included in this category by rule of the state board of | 244 |
|
pharmacy, that have a volume of one hundred milliliters or more | 245 |
|
and that contain no added substances, or single-dose injections of | 246 |
|
epinephrine to be administered pursuant to sections 4765.38 and | 247 |
|
4765.39 of the Revised Code. | 248 |
| (6) "Schedule I, schedule II, schedule III, schedule IV, and | 257 |
|
schedule V" mean controlled substance schedules I, II, III, IV, | 258 |
|
and V, respectively, as established pursuant to section 3719.41 of | 259 |
|
the Revised Code and as amended. | 260 |
(3)(c) If the person wishes to be licensed as a limited | 274 |
|
category I, limited category II, or limited category III terminal | 275 |
|
distributor of dangerous drugs, a notarized list of the dangerous | 276 |
|
drugs that the person wishes to possess, have custody or control | 277 |
|
of, and distribute, which list shall also specify the purpose for | 278 |
|
which those drugs will be used and their source; | 279 |
| (3) A unit listed in an application for licensure pursuant to | 311 |
|
division (C)(1) of this section may obtain the dangerous drugs it | 312 |
|
is authorized to possess from its emergency medical service | 313 |
|
organization or, on a replacement basis, from a hospital pharmacy. | 314 |
|
If units will obtain dangerous drugs from a hospital pharmacy, the | 315 |
|
organization shall file, and maintain in current form, the | 316 |
|
following items with the pharmacist who is responsible for the | 317 |
|
hospital's terminal distributor of dangerous drugs license: | 318 |
| (F) Except for an application made on behalf of an animal | 362 |
|
shelter, if an applicant for licensure as a limited category I, | 363 |
|
II, or III terminal distributor of dangerous drugs intends to | 364 |
|
administer dangerous drugs to a person or animal, the applicant | 365 |
|
shall submit, with the application, a notarized copy of its | 366 |
|
protocol or standing orders, which protocol or orders shall be | 367 |
|
signed by a licensed health professional authorized to prescribe | 368 |
|
drugs, specify the dangerous drugs to be administered, and list | 369 |
|
personnel who are authorized to administer the dangerous drugs in | 370 |
|
accordance with federal law or the law of this state. An | 371 |
|
application made on behalf of an animal shelter shall include a | 372 |
|
notarized list of the dangerous drugs to be administered to | 373 |
|
animals and the personnel who are authorized to administer the | 374 |
|
drugs to animals in accordance with section 4729.532 of the | 375 |
|
Revised Code. After obtaining a terminal distributor license, a | 376 |
|
licensee shall notify the board immediately of any changes in its | 377 |
|
protocol or standing orders, or in such personnel. | 378 |
| (2) The license of a person other than an emergency medical | 403 |
|
service organization shall describe the one establishment or place | 404 |
|
at which the licensee may engage in the sale or other distribution | 405 |
|
of dangerous drugs at retail and maintain possession, custody, or | 406 |
|
control of dangerous drugs for purposes other than the licensee's | 407 |
|
own use or consumption. The one establishment or place shall be | 408 |
|
that which is described in the application for licensure. | 409 |
| No such license shall authorize or permit the terminal | 410 |
|
distributor of dangerous drugs named in it to engage in the sale | 411 |
|
or other distribution of dangerous drugs at retail or to maintain | 412 |
|
possession, custody, or control of dangerous drugs for any purpose | 413 |
|
other than the distributor's own use or consumption, at any | 414 |
|
establishment or place other than that described in the license, | 415 |
|
except that an agent or employee of an animal shelter may possess | 416 |
|
and use dangerous drugs in the course of business as provided in | 417 |
|
division (D) of section 4729.532 of the Revised Code. | 418 |
| (4) The license of every terminal distributor of dangerous | 422 |
|
drugs shall indicate, on its face, the category of licensure. If | 423 |
|
the license is a limited category I, II, or III license, it shall | 424 |
|
specify, and shall authorize the licensee to possess, have custody | 425 |
|
or control of, and distribute only, the dangerous drugs that were | 426 |
|
listed in the application for licensure. | 427 |
| (I) All licenses issued pursuant to this section shall be | 428 |
|
effective for a period of twelve months from the first day of | 429 |
|
January of each year. A license shall be renewed by the board for | 430 |
|
a like period, annually, according to the provisions of this | 431 |
|
section, and the standard renewal procedure of Chapter 4745. of | 432 |
|
the Revised Code. A person who desires to renew a license shall | 433 |
|
submit an application for renewal and pay the required fee on or | 434 |
|
before the thirty-first day of December each year. The fee | 435 |
|
required for the renewal of a license shall be the same as the fee | 436 |
|
paid for the license being renewed, and shall accompany the | 437 |
|
application for renewal. | 438 |
Sec. 4729.541. A person(A) Except as provided in division | 457 |
|
(B) of this section, an entity described in division (B)(1)(j) or | 458 |
|
(k) of section 4729.51 of the Revised Code may possess, have | 459 |
|
custody or control of, and distribute the dangerous drugs in | 460 |
|
category I, category II, and category III of section 4729.54 of | 461 |
|
the Revised Code without holding a terminal distributor of | 462 |
|
dangerous drugs license issued under that section. | 463 |
| (E) If the applicant, or any agent or employee of the | 491 |
|
applicant, has been found guilty of violating section 4729.51 of | 492 |
|
the Revised Code, the "Federal Food, Drug, and Cosmetic Act," 52 | 493 |
|
Stat. 1040 (1938), 21 U.S.C.A. 301, the federal drug abuse control | 494 |
|
laws, Chapter 2925., 3715., 3719., or 4729. of the Revised Code, | 495 |
|
or any rule of the board, adequate safeguards are assured to | 496 |
|
prevent the recurrence of the violation. | 497 |
| (I) In the case of an applicant who is a retail seller of | 510 |
|
peritoneal dialysis solutions in original packages labeled as | 511 |
|
required by the "Federal Food, Drug, and Cosmetic Act," 52 Stat. | 512 |
|
1040 (1938), 21 U.S.C.A. 301, the applicant will maintain | 513 |
|
supervision and control over the possession, custody, and retail | 514 |
|
sale of the peritoneal dialysis solutions. | 515 |
| Sec. 4729.561. If the state board of pharmacy determines that | 558 |
|
there is clear and convincing evidence that the method used by a | 559 |
|
wholesale distributor of dangerous drugs to distribute controlled | 560 |
|
substances presents a danger of immediate and serious harm to | 561 |
|
others, the board may suspend the wholesale distributor's | 562 |
|
registration certificate without a hearing. The board shall follow | 563 |
|
the procedure for suspension without a prior hearing in section | 564 |
|
119.07 of the Revised Code. The suspension shall remain in effect, | 565 |
|
unless removed by the board, until the board's final adjudication | 566 |
|
order becomes effective, except that if the board does not issue | 567 |
|
its final adjudication order within ninety days after the hearing, | 568 |
|
the suspension shall be void on the ninety-first day after the | 569 |
|
suspension. | 570 |
| Sec. 4729.571. If the state board of pharmacy determines that | 571 |
|
there is clear and convincing evidence that the method used by a | 572 |
|
terminal distributor to distribute controlled substances presents | 573 |
|
a danger of immediate and serious harm to others, the board may | 574 |
|
suspend the terminal distributor's license without a hearing. The | 575 |
|
board shall follow the procedure for suspension without a prior | 576 |
|
hearing in section 119.07 of the Revised Code. The suspension | 577 |
|
shall remain in effect, unless removed by the board, until the | 578 |
|
board's final adjudication order becomes effective, except that if | 579 |
|
the board does not issue its final adjudication order within | 580 |
|
ninety days after the hearing, the suspension shall be void on the | 581 |
|
ninety-first day after the suspension. | 582 |
| If the terminal distributor is classified as a pain | 583 |
|
management clinic, as defined in section 4731.054 of the Revised | 584 |
|
Code, and the person holding the terminal distributor license also | 585 |
|
holds a certificate under Chapter 4731. of the Revised Code, prior | 586 |
|
to suspending the license without a hearing, the board shall | 587 |
|
consult with the secretary of the state medical board or, if the | 588 |
|
secretary is unavailable, another member of the board. | 589 |
| (1) On receipt of a request from a designated representative | 619 |
|
of a government entity responsible for the licensure, regulation, | 620 |
or discipline of licensed health care professionals authorized | 621 |
| with authority to prescribe, administer, or dispense drugs, the | 622 |
|
board may provide to the representative information from the | 623 |
|
database relating to the professional who is the subject of an | 624 |
|
active investigation being conducted by the government entity. | 625 |
| (2) On receipt of a request from a federal officer, or a | 626 |
|
state or local officer of this or any other state, whose duties | 627 |
|
include enforcing laws relating to drugs, the board may provide to | 628 |
|
the officer information from the database relating to the person | 629 |
|
who is the subject of an active investigation of a drug abuse | 630 |
|
offense, as defined in section 2925.01 of the Revised Code, being | 631 |
|
conducted by the officer's employing government entity. | 632 |
(4) On receipt of a request from a pharmacist or prescriber | 637 |
| or the prescriber's agent registered with the board, the board may | 638 |
|
provide to the requestor information from the database relating to | 639 |
a current patient of the requestorprescriber, if the requestor | 640 |
|
certifies in a form specified by the board that it is for the | 641 |
purpose of providing medical or pharmaceutical treatment to the | 642 |
|
patient who is the subject of the request. | 643 |
| Sec. 4729.81. If the state board of pharmacy establishes a | 693 |
|
drug database pursuant to section 4729.75 of the Revised Code, the | 694 |
|
information collected for the database shall be retained in the | 695 |
database for at least two years.
TheAny information that | 696 |
identifies a patient shall then be destroyed after it has been | 697 |
|
retained for two years unless a law enforcement agency or a | 698 |
|
government entity responsible for the licensure, regulation, or | 699 |
|
discipline of licensed health care professionals authorized to | 700 |
|
prescribe drugs has submitted a written request to the board for | 701 |
retention of
specificthe information in accordance with rules | 702 |
|
adopted by the board under section 4729.83 of the Revised Code. | 703 |
| Sec. 4729.82. (A) If the state board of pharmacy establishes | 704 |
|
and maintains a drug database pursuant to section 4729.75 of the | 705 |
|
Revised Code, the board shall not impose any charge on a terminal | 706 |
|
distributor of dangerous drugs, pharmacist, or prescriber for the | 707 |
|
establishment or maintenance of the database. The board shall not | 708 |
|
charge any fees for the transmission of data to the database or | 709 |
|
for the receipt of information from the database, except that the | 710 |
|
board may charge a fee in accordance with rules adopted under | 711 |
|
section 4729.83 of the Revised Code to an individual who requests | 712 |
|
the individual's own database information under section 4729.79 of | 713 |
|
the Revised Code. | 714 |
| (E)(1) Whoever violates section 4729.37, division (C)(2) of | 755 |
|
section 4729.51, division (J) of section 4729.54, or section | 756 |
|
4729.61 of the Revised Code is guilty of a felony of the fifth | 757 |
|
degree. If the offender previously has been convicted of or | 758 |
|
pleaded guilty to a violation of this chapter or a violation of | 759 |
|
Chapter 2925. or 3719. of the Revised Code, that person is guilty | 760 |
|
of a felony of the fourth degree. | 761 |
| (2) If an offender is convicted of or pleads guilty to a | 762 |
|
violation of section 4729.37, division (C) of section 4729.51, | 763 |
|
division (J) of section 4729.54, or section 4729.61 of the Revised | 764 |
|
Code, if the violation involves the sale, offer to sell, or | 765 |
|
possession of a schedule I or II controlled substance, with the | 766 |
|
exception of marihuana, and if the court imposing sentence upon | 767 |
|
the offender finds that the offender as a result of the violation | 768 |
|
is a major drug offender, as defined in section 2929.01 of the | 769 |
|
Revised Code, and is guilty of a specification of the type | 770 |
|
described in section 2941.1410 of the Revised Code, the court, in | 771 |
|
lieu of the prison term authorized or required by division (E)(1) | 772 |
|
of this section and sections 2929.13 and 2929.14 of the Revised | 773 |
|
Code and in addition to any other sanction imposed for the offense | 774 |
|
under sections 2929.11 to 2929.18 of the Revised Code, shall | 775 |
|
impose upon the offender, in accordance with division (D)(3)(a) of | 776 |
|
section 2929.14 of the Revised Code, the mandatory prison term | 777 |
|
specified in that division and may impose an additional prison | 778 |
|
term under division (D)(3)(b) of that section. | 779 |
| (3) Notwithstanding any contrary provision of section 3719.21 | 780 |
|
of the Revised Code, the clerk of court shall pay any fine imposed | 781 |
|
for a violation of section 4729.37, division (C) of section | 782 |
|
4729.51, division (J) of section 4729.54, or section 4729.61 of | 783 |
|
the Revised Code pursuant to division (A) of section 2929.18 of | 784 |
|
the Revised Code in accordance with and subject to the | 785 |
|
requirements of division (F) of section 2925.03 of the Revised | 786 |
|
Code. The agency that receives the fine shall use the fine as | 787 |
|
specified in division (F) of section 2925.03 of the Revised Code. | 788 |
| (I)(1) Whoever violates division (B) of section 4729.42 of | 804 |
|
the Revised Code is guilty of unauthorized pharmacy-related drug | 805 |
|
conduct. Except as otherwise provided in this section, | 806 |
|
unauthorized pharmacy-related drug conduct is a misdemeanor of the | 807 |
|
second degree. If the offender previously has been convicted of or | 808 |
|
pleaded guilty to a violation of division (B), (C), (D), or (E) of | 809 |
|
that section, unauthorized pharmacy-related drug conduct is a | 810 |
|
misdemeanor of the first degree on a second offense and a felony | 811 |
|
of the fifth degree on a third or subsequent offense. | 812 |
| (2) Whoever violates division (C) or (D) of section 4729.42 | 813 |
|
of the Revised Code is guilty of permitting unauthorized | 814 |
|
pharmacy-related drug conduct. Except as otherwise provided in | 815 |
|
this section, permitting unauthorized pharmacy-related drug | 816 |
|
conduct is a misdemeanor of the second degree. If the offender | 817 |
|
previously has been convicted of or pleaded guilty to a violation | 818 |
|
of division (B), (C), (D), or (E) of that section, permitting | 819 |
|
unauthorized pharmacy-related drug conduct is a misdemeanor of the | 820 |
|
first degree on a second offense and a felony of the fifth degree | 821 |
|
on a third or subsequent offense. | 822 |
| (3) Whoever violates division (E) of section 4729.42 of the | 823 |
|
Revised Code is guilty of the offense of falsification under | 824 |
|
section 2921.13 of the Revised Code. In addition to any other | 825 |
|
sanction imposed for the violation, the offender is forever | 826 |
|
disqualified from engaging in any activity specified in division | 827 |
|
(B)(1), (2), or (3) of section 4729.42 of the Revised Code and | 828 |
|
from performing any function as a health care professional or | 829 |
|
health care worker. As used in this division, "health care | 830 |
|
professional" and "health care worker" have the same meanings as | 831 |
|
in section 2305.234 of the Revised Code. | 832 |
| (4) Notwithstanding any contrary provision of section 3719.21 | 833 |
|
of the Revised Code or any other provision of law that governs the | 834 |
|
distribution of fines, the clerk of the court shall pay any fine | 835 |
|
imposed pursuant to division (I)(1), (2), or (3) of this section | 836 |
|
to the state board of pharmacy if the board has adopted a written | 837 |
|
internal control policy under division (F)(2) of section 2925.03 | 838 |
|
of the Revised Code that addresses fine moneys that it receives | 839 |
|
under Chapter 2925. of the Revised Code and if the policy also | 840 |
|
addresses fine moneys paid under this division. The state board of | 841 |
|
pharmacy shall use the fines so paid in accordance with the | 842 |
|
written internal control policy to subsidize the board's law | 843 |
|
enforcement efforts that pertain to drug offenses. | 844 |
(2) "Intractable pain" means a state of pain that is | 868 |
determined, after reasonable medical efforts have been made to | 869 |
relieve the pain or cure its cause, to have a cause for which no | 870 |
treatment or cure is possible or for which none has been found | 871 |
| Chronic pain" means pain that has persisted after reasonable | 872 |
|
medical efforts have been made to relieve the pain or cure its | 873 |
|
cause and that has continued, either continuously or episodically, | 874 |
|
for longer than three continuous months. "Chronic pain" does not | 875 |
|
include pain associated with a terminal condition or with a | 876 |
|
progressive disease that, in the normal course of progression, may | 877 |
|
reasonably be expected to result in a terminal condition. | 878 |
| (B) The state medical board shall adopt rules in accordance | 882 |
|
with Chapter 119. of the Revised Code that establish standards and | 883 |
|
procedures to be followed by physicians in the diagnosis and | 884 |
treatment of
intractablechronic pain, including standards for | 885 |
managing intractablechronic pain by prescribing, personally | 886 |
|
furnishing, or administering dangerous drugs in amounts or | 887 |
|
combinations that may not be appropriate when treating other | 888 |
|
medical conditions. In developing the rules, the board shall | 889 |
|
consult with and permit review by physicians who are experienced | 890 |
in the diagnosis and treatment of intractablechronic pain. | 891 |
| (C) When a physician diagnoses an individual as having | 892 |
intractablechronic pain, the physician may treat the pain by | 893 |
|
managing it with dangerous drugs in amounts or combinations that | 894 |
|
may not be appropriate when treating other medical conditions. The | 895 |
|
physician's diagnosis shall be made after having the individual | 896 |
|
evaluated by one or more other physicians who specialize in the | 897 |
|
treatment of the area, system, or organ of the body perceived as | 898 |
|
the source of the pain. The physician's diagnosis and treatment | 899 |
|
decisions shall be made according to accepted and prevailing | 900 |
|
standards for medical care. The physician shall maintain a record | 901 |
|
of all of the following: | 902 |
| (4) The dates on which dangerous drugs were prescribed, | 909 |
|
furnished, or administered, the name and address of the individual | 910 |
|
to or for whom the dangerous drugs were prescribed, dispensed, or | 911 |
|
administered, and the amounts and dosage forms for the dangerous | 912 |
|
drugs prescribed, furnished, or administered; | 913 |
(D) A physician who treats intractablechronic pain by | 917 |
|
managing it with dangerous drugs is not subject to disciplinary | 918 |
|
action by the board under section 4731.22 of the Revised Code | 919 |
solely because the physician treated the intractablechronic pain | 920 |
|
with dangerous drugs. The physician is subject to disciplinary | 921 |
|
action only if the dangerous drugs are not prescribed, furnished, | 922 |
|
or administered in accordance with this section and the rules | 923 |
|
adopted under it. | 924 |
| Sec. 4731.22. (A) The state medical board, by an affirmative | 981 |
|
vote of not fewer than six of its members, may revoke or may | 982 |
|
refuse to grant a certificate to a person found by the board to | 983 |
|
have committed fraud during the administration of the examination | 984 |
|
for a certificate to practice or to have committed fraud, | 985 |
|
misrepresentation, or deception in applying for or securing any | 986 |
|
certificate to practice or certificate of registration issued by | 987 |
|
the board. | 988 |
| (B) The board, by an affirmative vote of not fewer than six | 989 |
|
members, shall, to the extent permitted by law, limit, revoke, or | 990 |
|
suspend an individual's certificate to practice, refuse to | 991 |
|
register an individual, refuse to reinstate a certificate, or | 992 |
|
reprimand or place on probation the holder of a certificate for | 993 |
|
one or more of the following reasons: | 994 |
| (3) Selling, giving away, personally furnishing, prescribing, | 1003 |
|
or administering drugs for other than legal and legitimate | 1004 |
|
therapeutic purposes or a plea of guilty to, a judicial finding of | 1005 |
|
guilt of, or a judicial finding of eligibility for intervention in | 1006 |
|
lieu of conviction of, a violation of any federal or state law | 1007 |
|
regulating the possession, distribution, or use of any drug; | 1008 |
| For purposes of this division, "willfully betraying a | 1010 |
|
professional confidence" does not include providing any | 1011 |
|
information, documents, or reports to a child fatality review | 1012 |
|
board under sections 307.621 to 307.629 of the Revised Code and | 1013 |
|
does not include the making of a report of an employee's use of a | 1014 |
|
drug of abuse, or a report of a condition of an employee other | 1015 |
|
than one involving the use of a drug of abuse, to the employer of | 1016 |
|
the employee as described in division (B) of section 2305.33 of | 1017 |
|
the Revised Code. Nothing in this division affects the immunity | 1018 |
|
from civil liability conferred by that section upon a physician | 1019 |
|
who makes either type of report in accordance with division (B) of | 1020 |
|
that section. As used in this division, "employee," "employer," | 1021 |
|
and "physician" have the same meanings as in section 2305.33 of | 1022 |
|
the Revised Code. | 1023 |
| (5) Making a false, fraudulent, deceptive, or misleading | 1024 |
|
statement in the solicitation of or advertising for patients; in | 1025 |
|
relation to the practice of medicine and surgery, osteopathic | 1026 |
|
medicine and surgery, podiatric medicine and surgery, or a limited | 1027 |
|
branch of medicine; or in securing or attempting to secure any | 1028 |
|
certificate to practice or certificate of registration issued by | 1029 |
|
the board. | 1030 |
| As used in this division, "false, fraudulent, deceptive, or | 1031 |
|
misleading statement" means a statement that includes a | 1032 |
|
misrepresentation of fact, is likely to mislead or deceive because | 1033 |
|
of a failure to disclose material facts, is intended or is likely | 1034 |
|
to create false or unjustified expectations of favorable results, | 1035 |
|
or includes representations or implications that in reasonable | 1036 |
|
probability will cause an ordinarily prudent person to | 1037 |
|
misunderstand or be deceived. | 1038 |
| (18) Subject to section 4731.226 of the Revised Code, | 1076 |
|
violation of any provision of a code of ethics of the American | 1077 |
|
medical association, the American osteopathic association, the | 1078 |
|
American podiatric medical association, or any other national | 1079 |
|
professional organizations that the board specifies by rule. The | 1080 |
|
state medical board shall obtain and keep on file current copies | 1081 |
|
of the codes of ethics of the various national professional | 1082 |
|
organizations. The individual whose certificate is being suspended | 1083 |
|
or revoked shall not be found to have violated any provision of a | 1084 |
|
code of ethics of an organization not appropriate to the | 1085 |
|
individual's profession. | 1086 |
| For purposes of this division, a "provision of a code of | 1087 |
|
ethics of a national professional organization" does not include | 1088 |
|
any provision that would preclude the making of a report by a | 1089 |
|
physician of an employee's use of a drug of abuse, or of a | 1090 |
|
condition of an employee other than one involving the use of a | 1091 |
|
drug of abuse, to the employer of the employee as described in | 1092 |
|
division (B) of section 2305.33 of the Revised Code. Nothing in | 1093 |
|
this division affects the immunity from civil liability conferred | 1094 |
|
by that section upon a physician who makes either type of report | 1095 |
|
in accordance with division (B) of that section. As used in this | 1096 |
|
division, "employee," "employer," and "physician" have the same | 1097 |
|
meanings as in section 2305.33 of the Revised Code. | 1098 |
| In enforcing this division, the board, upon a showing of a | 1104 |
|
possible violation, may compel any individual authorized to | 1105 |
|
practice by this chapter or who has submitted an application | 1106 |
|
pursuant to this chapter to submit to a mental examination, | 1107 |
|
physical examination, including an HIV test, or both a mental and | 1108 |
|
a physical examination. The expense of the examination is the | 1109 |
|
responsibility of the individual compelled to be examined. Failure | 1110 |
|
to submit to a mental or physical examination or consent to an HIV | 1111 |
|
test ordered by the board constitutes an admission of the | 1112 |
|
allegations against the individual unless the failure is due to | 1113 |
|
circumstances beyond the individual's control, and a default and | 1114 |
|
final order may be entered without the taking of testimony or | 1115 |
|
presentation of evidence. If the board finds an individual unable | 1116 |
|
to practice because of the reasons set forth in this division, the | 1117 |
|
board shall require the individual to submit to care, counseling, | 1118 |
|
or treatment by physicians approved or designated by the board, as | 1119 |
|
a condition for initial, continued, reinstated, or renewed | 1120 |
|
authority to practice. An individual affected under this division | 1121 |
|
shall be afforded an opportunity to demonstrate to the board the | 1122 |
|
ability to resume practice in compliance with acceptable and | 1123 |
|
prevailing standards under the provisions of the individual's | 1124 |
|
certificate. For the purpose of this division, any individual who | 1125 |
|
applies for or receives a certificate to practice under this | 1126 |
|
chapter accepts the privilege of practicing in this state and, by | 1127 |
|
so doing, shall be deemed to have given consent to submit to a | 1128 |
|
mental or physical examination when directed to do so in writing | 1129 |
|
by the board, and to have waived all objections to the | 1130 |
|
admissibility of testimony or examination reports that constitute | 1131 |
|
a privileged communication. | 1132 |
| (20) Except when civil penalties are imposed under section | 1133 |
|
4731.225 or 4731.281 of the Revised Code, and subject to section | 1134 |
|
4731.226 of the Revised Code, violating or attempting to violate, | 1135 |
|
directly or indirectly, or assisting in or abetting the violation | 1136 |
|
of, or conspiring to violate, any provisions of this chapter or | 1137 |
|
any rule promulgated by the board. | 1138 |
| This division does not apply to a violation or attempted | 1139 |
|
violation of, assisting in or abetting the violation of, or a | 1140 |
|
conspiracy to violate, any provision of this chapter or any rule | 1141 |
|
adopted by the board that would preclude the making of a report by | 1142 |
|
a physician of an employee's use of a drug of abuse, or of a | 1143 |
|
condition of an employee other than one involving the use of a | 1144 |
|
drug of abuse, to the employer of the employee as described in | 1145 |
|
division (B) of section 2305.33 of the Revised Code. Nothing in | 1146 |
|
this division affects the immunity from civil liability conferred | 1147 |
|
by that section upon a physician who makes either type of report | 1148 |
|
in accordance with division (B) of that section. As used in this | 1149 |
|
division, "employee," "employer," and "physician" have the same | 1150 |
|
meanings as in section 2305.33 of the Revised Code. | 1151 |
| (22) Any of the following actions taken by the agency | 1155 |
|
responsible for regulating the practice of medicine and surgery, | 1156 |
|
osteopathic medicine and surgery, podiatric medicine and surgery, | 1157 |
|
or the limited branches of medicine in another jurisdiction, for | 1158 |
|
any reason other than the nonpayment of fees: the limitation, | 1159 |
|
revocation, or suspension of an individual's license to practice; | 1160 |
|
acceptance of an individual's license surrender; denial of a | 1161 |
|
license; refusal to renew or reinstate a license; imposition of | 1162 |
|
probation; or issuance of an order of censure or other reprimand; | 1163 |
| (23) The violation of section 2919.12 of the Revised Code or | 1164 |
|
the performance or inducement of an abortion upon a pregnant woman | 1165 |
|
with actual knowledge that the conditions specified in division | 1166 |
|
(B) of section 2317.56 of the Revised Code have not been satisfied | 1167 |
|
or with a heedless indifference as to whether those conditions | 1168 |
|
have been satisfied, unless an affirmative defense as specified in | 1169 |
|
division (H)(2) of that section would apply in a civil action | 1170 |
|
authorized by division (H)(1) of that section; | 1171 |
| For the purposes of this division, any individual authorized | 1187 |
|
to practice by this chapter accepts the privilege of practicing in | 1188 |
|
this state subject to supervision by the board. By filing an | 1189 |
|
application for or holding a certificate to practice under this | 1190 |
|
chapter, an individual shall be deemed to have given consent to | 1191 |
|
submit to a mental or physical examination when ordered to do so | 1192 |
|
by the board in writing, and to have waived all objections to the | 1193 |
|
admissibility of testimony or examination reports that constitute | 1194 |
|
privileged communications. | 1195 |
| If it has reason to believe that any individual authorized to | 1196 |
|
practice by this chapter or any applicant for certification to | 1197 |
|
practice suffers such impairment, the board may compel the | 1198 |
|
individual to submit to a mental or physical examination, or both. | 1199 |
|
The expense of the examination is the responsibility of the | 1200 |
|
individual compelled to be examined. Any mental or physical | 1201 |
|
examination required under this division shall be undertaken by a | 1202 |
|
treatment provider or physician who is qualified to conduct the | 1203 |
|
examination and who is chosen by the board. | 1204 |
| Failure to submit to a mental or physical examination ordered | 1205 |
|
by the board constitutes an admission of the allegations against | 1206 |
|
the individual unless the failure is due to circumstances beyond | 1207 |
|
the individual's control, and a default and final order may be | 1208 |
|
entered without the taking of testimony or presentation of | 1209 |
|
evidence. If the board determines that the individual's ability to | 1210 |
|
practice is impaired, the board shall suspend the individual's | 1211 |
|
certificate or deny the individual's application and shall require | 1212 |
|
the individual, as a condition for initial, continued, reinstated, | 1213 |
|
or renewed certification to practice, to submit to treatment. | 1214 |
| When the impaired practitioner resumes practice, the board | 1236 |
|
shall require continued monitoring of the individual. The | 1237 |
|
monitoring shall include, but not be limited to, compliance with | 1238 |
|
the written consent agreement entered into before reinstatement or | 1239 |
|
with conditions imposed by board order after a hearing, and, upon | 1240 |
|
termination of the consent agreement, submission to the board for | 1241 |
|
at least two years of annual written progress reports made under | 1242 |
|
penalty of perjury stating whether the individual has maintained | 1243 |
|
sobriety. | 1244 |
| (34) Failure to cooperate in an investigation conducted by | 1281 |
|
the board under division (F) of this section, including failure to | 1282 |
|
comply with a subpoena or order issued by the board or failure to | 1283 |
|
answer truthfully a question presented by the board at a | 1284 |
|
deposition or in written interrogatories, except that failure to | 1285 |
|
cooperate with an investigation shall not constitute grounds for | 1286 |
|
discipline under this section if a court of competent jurisdiction | 1287 |
|
has issued an order that either quashes a subpoena or permits the | 1288 |
|
individual to withhold the testimony or evidence in issue; | 1289 |
| (C) Disciplinary actions taken by the board under divisions | 1312 |
|
(A) and (B) of this section shall be taken pursuant to an | 1313 |
|
adjudication under Chapter 119. of the Revised Code, except that | 1314 |
|
in lieu of an adjudication, the board may enter into a consent | 1315 |
|
agreement with an individual to resolve an allegation of a | 1316 |
|
violation of this chapter or any rule adopted under it. A consent | 1317 |
|
agreement, when ratified by an affirmative vote of not fewer than | 1318 |
|
six members of the board, shall constitute the findings and order | 1319 |
|
of the board with respect to the matter addressed in the | 1320 |
|
agreement. If the board refuses to ratify a consent agreement, the | 1321 |
|
admissions and findings contained in the consent agreement shall | 1322 |
|
be of no force or effect. | 1323 |
| If the board takes disciplinary action against an individual | 1324 |
|
under division (B) of this section for a second or subsequent plea | 1325 |
|
of guilty to, or judicial finding of guilt of, a violation of | 1326 |
|
section 2919.123 of the Revised Code, the disciplinary action | 1327 |
|
shall consist of a suspension of the individual's certificate to | 1328 |
|
practice for a period of at least one year or, if determined | 1329 |
|
appropriate by the board, a more serious sanction involving the | 1330 |
|
individual's certificate to practice. Any consent agreement | 1331 |
|
entered into under this division with an individual that pertains | 1332 |
|
to a second or subsequent plea of guilty to, or judicial finding | 1333 |
|
of guilt of, a violation of that section shall provide for a | 1334 |
|
suspension of the individual's certificate to practice for a | 1335 |
|
period of at least one year or, if determined appropriate by the | 1336 |
|
board, a more serious sanction involving the individual's | 1337 |
|
certificate to practice. | 1338 |
| (D) For purposes of divisions (B)(10), (12), and (14) of this | 1339 |
|
section, the commission of the act may be established by a finding | 1340 |
|
by the board, pursuant to an adjudication under Chapter 119. of | 1341 |
|
the Revised Code, that the individual committed the act. The board | 1342 |
|
does not have jurisdiction under those divisions if the trial | 1343 |
|
court renders a final judgment in the individual's favor and that | 1344 |
|
judgment is based upon an adjudication on the merits. The board | 1345 |
|
has jurisdiction under those divisions if the trial court issues | 1346 |
|
an order of dismissal upon technical or procedural grounds. | 1347 |
| (E) The sealing of conviction records by any court shall have | 1348 |
|
no effect upon a prior board order entered under this section or | 1349 |
|
upon the board's jurisdiction to take action under this section | 1350 |
|
if, based upon a plea of guilty, a judicial finding of guilt, or a | 1351 |
|
judicial finding of eligibility for intervention in lieu of | 1352 |
|
conviction, the board issued a notice of opportunity for a hearing | 1353 |
|
prior to the court's order to seal the records. The board shall | 1354 |
|
not be required to seal, destroy, redact, or otherwise modify its | 1355 |
|
records to reflect the court's sealing of conviction records. | 1356 |
| (F)(1) The board shall investigate evidence that appears to | 1357 |
|
show that a person has violated any provision of this chapter or | 1358 |
|
any rule adopted under it. Any person may report to the board in a | 1359 |
|
signed writing any information that the person may have that | 1360 |
|
appears to show a violation of any provision of this chapter or | 1361 |
|
any rule adopted under it. In the absence of bad faith, any person | 1362 |
|
who reports information of that nature or who testifies before the | 1363 |
|
board in any adjudication conducted under Chapter 119. of the | 1364 |
|
Revised Code shall not be liable in damages in a civil action as a | 1365 |
|
result of the report or testimony. Each complaint or allegation of | 1366 |
|
a violation received by the board shall be assigned a case number | 1367 |
|
and shall be recorded by the board. | 1368 |
| (2) Investigations of alleged violations of this chapter or | 1369 |
|
any rule adopted under it shall be supervised by the supervising | 1370 |
|
member elected by the board in accordance with section 4731.02 of | 1371 |
|
the Revised Code and by the secretary as provided in section | 1372 |
|
4731.39 of the Revised Code. The president may designate another | 1373 |
|
member of the board to supervise the investigation in place of the | 1374 |
|
supervising member. No member of the board who supervises the | 1375 |
|
investigation of a case shall participate in further adjudication | 1376 |
|
of the case. | 1377 |
| (3) In investigating a possible violation of this chapter or | 1378 |
|
any rule adopted under this chapter, the board may administer | 1379 |
|
oaths, order the taking of depositions, issue subpoenas, and | 1380 |
|
compel the attendance of witnesses and production of books, | 1381 |
|
accounts, papers, records, documents, and testimony, except that a | 1382 |
|
subpoena for patient record information shall not be issued | 1383 |
|
without consultation with the attorney general's office and | 1384 |
|
approval of the secretary and supervising member of the board. | 1385 |
|
Before issuance of a subpoena for patient record information, the | 1386 |
|
secretary and supervising member shall determine whether there is | 1387 |
|
probable cause to believe that the complaint filed alleges a | 1388 |
|
violation of this chapter or any rule adopted under it and that | 1389 |
|
the records sought are relevant to the alleged violation and | 1390 |
|
material to the investigation. The subpoena may apply only to | 1391 |
|
records that cover a reasonable period of time surrounding the | 1392 |
|
alleged violation. | 1393 |
| A subpoena issued by the board may be served by a sheriff, | 1398 |
|
the sheriff's deputy, or a board employee designated by the board. | 1399 |
|
Service of a subpoena issued by the board may be made by | 1400 |
|
delivering a copy of the subpoena to the person named therein, | 1401 |
|
reading it to the person, or leaving it at the person's usual | 1402 |
|
place of residence. When the person being served is a person whose | 1403 |
|
practice is authorized by this chapter, service of the subpoena | 1404 |
|
may be made by certified mail, restricted delivery, return receipt | 1405 |
|
requested, and the subpoena shall be deemed served on the date | 1406 |
|
delivery is made or the date the person refuses to accept | 1407 |
|
delivery. | 1408 |
| The board shall conduct all investigations and proceedings in | 1419 |
|
a manner that protects the confidentiality of patients and persons | 1420 |
|
who file complaints with the board. The board shall not make | 1421 |
|
public the names or any other identifying information about | 1422 |
|
patients or complainants unless proper consent is given or, in the | 1423 |
|
case of a patient, a waiver of the patient privilege exists under | 1424 |
|
division (B) of section 2317.02 of the Revised Code, except that | 1425 |
|
consent or a waiver of that nature is not required if the board | 1426 |
|
possesses reliable and substantial evidence that no bona fide | 1427 |
|
physician-patient relationship exists. | 1428 |
| The board may share any information it receives pursuant to | 1429 |
|
an investigation, including patient records and patient record | 1430 |
|
information, with law enforcement agencies, other licensing | 1431 |
|
boards, and other governmental agencies that are prosecuting, | 1432 |
|
adjudicating, or investigating alleged violations of statutes or | 1433 |
|
administrative rules. An agency or board that receives the | 1434 |
|
information shall comply with the same requirements regarding | 1435 |
|
confidentiality as those with which the state medical board must | 1436 |
|
comply, notwithstanding any conflicting provision of the Revised | 1437 |
|
Code or procedure of the agency or board that applies when it is | 1438 |
|
dealing with other information in its possession. In a judicial | 1439 |
|
proceeding, the information may be admitted into evidence only in | 1440 |
|
accordance with the Rules of Evidence, but the court shall require | 1441 |
|
that appropriate measures are taken to ensure that confidentiality | 1442 |
|
is maintained with respect to any part of the information that | 1443 |
|
contains names or other identifying information about patients or | 1444 |
|
complainants whose confidentiality was protected by the state | 1445 |
|
medical board when the information was in the board's possession. | 1446 |
|
Measures to ensure confidentiality that may be taken by the court | 1447 |
|
include sealing its records or deleting specific information from | 1448 |
|
its records. | 1449 |
| The board shall issue a written order of suspension by | 1479 |
|
certified mail or in person in accordance with section 119.07 of | 1480 |
|
the Revised Code. The order shall not be subject to suspension by | 1481 |
|
the court during pendency of any appeal filed under section 119.12 | 1482 |
|
of the Revised Code. If the individual subject to the summary | 1483 |
|
suspension requests an adjudicatory hearing by the board, the date | 1484 |
|
set for the hearing shall be within fifteen days, but not earlier | 1485 |
|
than seven days, after the individual requests the hearing, unless | 1486 |
|
otherwise agreed to by both the board and the individual. | 1487 |
| Any summary suspension imposed under this division shall | 1488 |
|
remain in effect, unless reversed on appeal, until a final | 1489 |
|
adjudicative order issued by the board pursuant to this section | 1490 |
|
and Chapter 119. of the Revised Code becomes effective. The board | 1491 |
|
shall issue its final adjudicative order within seventy-five days | 1492 |
|
after completion of its hearing. A failure to issue the order | 1493 |
|
within seventy-five days shall result in dissolution of the | 1494 |
|
summary suspension order but shall not invalidate any subsequent, | 1495 |
|
final adjudicative order. | 1496 |
| (H) If the board takes action under division (B)(9), (11), or | 1497 |
|
(13) of this section and the judicial finding of guilt, guilty | 1498 |
|
plea, or judicial finding of eligibility for intervention in lieu | 1499 |
|
of conviction is overturned on appeal, upon exhaustion of the | 1500 |
|
criminal appeal, a petition for reconsideration of the order may | 1501 |
|
be filed with the board along with appropriate court documents. | 1502 |
|
Upon receipt of a petition of that nature and supporting court | 1503 |
|
documents, the board shall reinstate the individual's certificate | 1504 |
|
to practice. The board may then hold an adjudication under Chapter | 1505 |
|
119. of the Revised Code to determine whether the individual | 1506 |
|
committed the act in question. Notice of an opportunity for a | 1507 |
|
hearing shall be given in accordance with Chapter 119. of the | 1508 |
|
Revised Code. If the board finds, pursuant to an adjudication held | 1509 |
|
under this division, that the individual committed the act or if | 1510 |
|
no hearing is requested, the board may order any of the sanctions | 1511 |
|
identified under division (B) of this section. | 1512 |
| (I) The certificate to practice issued to an individual under | 1513 |
|
this chapter and the individual's practice in this state are | 1514 |
|
automatically suspended as of the date of the individual's second | 1515 |
|
or subsequent plea of guilty to, or judicial finding of guilt of, | 1516 |
|
a violation of section 2919.123 of the Revised Code, or the date | 1517 |
|
the individual pleads guilty to, is found by a judge or jury to be | 1518 |
|
guilty of, or is subject to a judicial finding of eligibility for | 1519 |
|
intervention in lieu of conviction in this state or treatment or | 1520 |
|
intervention in lieu of conviction in another jurisdiction for any | 1521 |
|
of the following criminal offenses in this state or a | 1522 |
|
substantially equivalent criminal offense in another jurisdiction: | 1523 |
|
aggravated murder, murder, voluntary manslaughter, felonious | 1524 |
|
assault, kidnapping, rape, sexual battery, gross sexual | 1525 |
|
imposition, aggravated arson, aggravated robbery, or aggravated | 1526 |
|
burglary. Continued practice after suspension shall be considered | 1527 |
|
practicing without a certificate. | 1528 |
| (1) If the automatic suspension under this division is for a | 1536 |
|
second or subsequent plea of guilty to, or judicial finding of | 1537 |
|
guilt of, a violation of section 2919.123 of the Revised Code, the | 1538 |
|
board shall enter an order suspending the individual's certificate | 1539 |
|
to practice for a period of at least one year or, if determined | 1540 |
|
appropriate by the board, imposing a more serious sanction | 1541 |
|
involving the individual's certificate to practice. | 1542 |
| (J) If the board is required by Chapter 119. of the Revised | 1546 |
|
Code to give notice of an opportunity for a hearing and if the | 1547 |
|
individual subject to the notice does not timely request a hearing | 1548 |
|
in accordance with section 119.07 of the Revised Code, the board | 1549 |
|
is not required to hold a hearing, but may adopt, by an | 1550 |
|
affirmative vote of not fewer than six of its members, a final | 1551 |
|
order that contains the board's findings. In that final order, the | 1552 |
|
board may order any of the sanctions identified under division (A) | 1553 |
|
or (B) of this section. | 1554 |
| (K) Any action taken by the board under division (B) of this | 1555 |
|
section resulting in a suspension from practice shall be | 1556 |
|
accompanied by a written statement of the conditions under which | 1557 |
|
the individual's certificate to practice may be reinstated. The | 1558 |
|
board shall adopt rules governing conditions to be imposed for | 1559 |
|
reinstatement. Reinstatement of a certificate suspended pursuant | 1560 |
|
to division (B) of this section requires an affirmative vote of | 1561 |
|
not fewer than six members of the board. | 1562 |
| (L) When the board refuses to grant a certificate to an | 1563 |
|
applicant, revokes an individual's certificate to practice, | 1564 |
|
refuses to register an applicant, or refuses to reinstate an | 1565 |
|
individual's certificate to practice, the board may specify that | 1566 |
|
its action is permanent. An individual subject to a permanent | 1567 |
|
action taken by the board is forever thereafter ineligible to hold | 1568 |
|
a certificate to practice and the board shall not accept an | 1569 |
|
application for reinstatement of the certificate or for issuance | 1570 |
|
of a new certificate. | 1571 |
| (O) Under the board's investigative duties described in this | 1596 |
|
section and subject to division (F) of this section, the board | 1597 |
|
shall develop and implement a quality intervention program | 1598 |
|
designed to improve through remedial education the clinical and | 1599 |
|
communication skills of individuals authorized under this chapter | 1600 |
|
to practice medicine and surgery, osteopathic medicine and | 1601 |
|
surgery, and podiatric medicine and surgery. In developing and | 1602 |
|
implementing the quality intervention program, the board may do | 1603 |
|
all of the following: | 1604 |
| (B) The secretary and supervising member shall provide | 1638 |
|
written allegations to the board. The board, upon review of the | 1639 |
|
allegations and by an affirmative vote of not less than six | 1640 |
|
members, excluding the secretary and supervising member, may | 1641 |
|
suspend the individual's certificate to practice without a prior | 1642 |
|
hearing. A telephone conference call may be utilized for reviewing | 1643 |
|
the allegations and taking a vote on the suspension. | 1644 |
| (D) Any summary suspension imposed under this section shall | 1658 |
|
remain in effect, unless reversed on appeal, until a final | 1659 |
|
adjudicative order issued by the board pursuant to Chapter 119. of | 1660 |
|
the Revised Code becomes effective. The board shall issue its | 1661 |
|
final adjudicative order within seventy-five days after completion | 1662 |
|
of its hearing. A failure to issue the order within seventy-five | 1663 |
|
days shall result in dissolution of the summary suspension but | 1664 |
|
shall not invalidate any subsequent, final adjudicative order. | 1665 |
| Sec. 4731.241. The state medical board may solicit and accept | 1666 |
|
grants and services from public and private sources for the | 1667 |
|
purpose of developing and maintaining programs that address | 1668 |
|
patient safety and education, supply and demand of health care | 1669 |
|
professionals, and information sharing with the public and the | 1670 |
|
individuals regulated by the board. The board shall not solicit or | 1671 |
|
accept a grant or service that would interfere with the board's | 1672 |
|
independence or objectivity, as determined by the board. | 1673 |
Sec. 4731.283. Not later than ninety days after the | 1679 |
effective date of this section, theThe state medical board shall | 1680 |
|
approve one or more continuing medical education courses of study | 1681 |
|
included within the programs certified by the Ohio state medical | 1682 |
|
association and the Ohio osteopathic association pursuant to | 1683 |
|
section 4731.281 of the Revised Code that assist doctors of | 1684 |
|
medicine and doctors of osteopathic medicine in diagnosing and | 1685 |
treating intractablechronic pain, as defined in section 4731.052 | 1686 |
|
of the Revised Code. | 1687 |
| Sec. 4776.02. (A) An applicant for an initial license or | 1688 |
restored license from a licensing agency, or a person seeking to | 1689 |
|
satisfy the criteria for being a qualified pharmacy technician | 1690 |
|
that are specified in section 4729.42 of the Revised Code, or a | 1691 |
|
person seeking to satisfy the requirements to be an employee of a | 1692 |
|
pain management clinic as specified in section 4729.552 of the | 1693 |
|
Revised Code shall submit a request to the bureau of criminal | 1694 |
|
identification and investigation for a criminal records check of | 1695 |
|
the applicant or person. The request shall be accompanied by a | 1696 |
|
completed copy of the form prescribed under division (C)(1) of | 1697 |
|
section 109.572 of the Revised Code, a set of fingerprint | 1698 |
|
impressions obtained as described in division (C)(2) of that | 1699 |
|
section, and the fee prescribed under division (C)(3) of that | 1700 |
|
section. The applicant or person shall ask the superintendent of | 1701 |
|
the bureau of criminal identification and investigation in the | 1702 |
|
request to obtain from the federal bureau of investigation any | 1703 |
|
information it has pertaining to the applicant or person. | 1704 |
| (B) Upon receipt of the completed form, the set of | 1710 |
|
fingerprint impressions, and the fee provided for in division (A) | 1711 |
|
of this section, the superintendent of the bureau of criminal | 1712 |
|
identification and investigation shall conduct a criminal records | 1713 |
|
check of the applicant or person under division (B) of section | 1714 |
|
109.572 of the Revised Code. Upon completion of the criminal | 1715 |
|
records check, the superintendent shall do whichever of the | 1716 |
|
following is applicable: | 1717 |
| (b) Report the results of the portion of the criminal records | 1732 |
|
check performed by the bureau of criminal identification and | 1733 |
|
investigation under division (B)(1) of section 109.572 of the | 1734 |
|
Revised Code to the employer or potential employer specified in | 1735 |
|
the request of the person who submitted the request and send a | 1736 |
|
letter to that employer or potential employer regarding the | 1737 |
|
information provided by the federal bureau of investigation that | 1738 |
|
states either that based on that information there is no record of | 1739 |
|
any conviction or that based on that information the person who | 1740 |
|
submitted the request may not meet the criteria that are specified | 1741 |
|
in section 4729.42 of the Revised Code, whichever is applicable. | 1742 |
| (B) If the request for the criminal records check was | 1761 |
|
submitted by a person seeking to satisfy the criteria for being a | 1762 |
|
qualified pharmacy technician that are specified in section | 1763 |
|
4729.42 of the Revised Code or a person seeking to satisfy the | 1764 |
|
requirements to be an employee of a pain management clinic as | 1765 |
|
specified in section 4729.552 of the Revised Code, the | 1766 |
|
superintendent of the bureau of criminal identification and | 1767 |
|
investigation shall make the results available in accordance with | 1768 |
|
the following: | 1769 |
| (2) The superintendent shall make the results of the portion | 1774 |
|
of the criminal records check performed by the bureau of criminal | 1775 |
|
identification and investigation under division (B)(1) of section | 1776 |
|
109.572 of the Revised Code available to the employer or potential | 1777 |
|
employer specified in the request of the person who submitted the | 1778 |
|
request and shall send a letter of the type described in division | 1779 |
|
(B)(2) of section 4776.02 of the Revised Code to that employer or | 1780 |
|
potential employer regarding the information provided by the | 1781 |
|
federal bureau of investigation that contains one of the types of | 1782 |
|
statements described in that division. | 1783 |
| Section 2. That existing sections 4723.481, 4729.071, | 1784 |
|
4729.51, 4729.54, 4729.541, 4729.55, 4729.78, 4729.79, 4729.81, | 1785 |
|
4729.82, 4729.99, 4731.052, 4731.22, 4731.283, 4776.02, and | 1786 |
|
4776.04 of the Revised Code are hereby repealed. | 1787 |
| Section 3. Section 4731.22 of the Revised Code is presented | 1788 |
|
in this act as a composite of the section as amended by Am. Sub. | 1789 |
|
H.B. 280, Sub. H.B. 525, and Sub. S.B. 229 of the 127th General | 1790 |
|
Assembly. The General Assembly, applying the principle stated in | 1791 |
|
division (B) of section 1.52 of the Revised Code that amendments | 1792 |
|
are to be harmonized if reasonably capable of simultaneous | 1793 |
|
operation, finds that the composite is the resulting version of | 1794 |
|
the section in effect prior to the effective date of the section | 1795 |
|
as presented in this act. | 1796 |
