Bill Text: OH HB248 | 2013-2014 | 130th General Assembly | Comm Sub

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Bill Title: That is scheduled to take effect April 1, 2015, to continue the provisions of this act on and after that effective date.

Spectrum: Partisan Bill (Republican 40-0)

Status: (Engrossed - Dead) 2014-12-10 - Passed 3rd Consideration House [HB248 Detail]

Download: Ohio-2013-HB248-Comm_Sub.html

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As Reported by the House Health and Aging Committee

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 248

Representatives Hagan, C., Wachtmann 

Cosponsors: Representatives Adams, J., Adams, R., Beck, Becker, Blair, Blessing, Boose, Brenner, Buchy, Burkley, Butler, Conditt, Derickson, Hackett, Hall, Hayes, Henne, Hill, Hood, Hottinger, Huffman, Johnson, Lynch, Maag, McClain, Retherford, Roegner, Romanchuk, Rosenberger, Ruhl, Schuring, Slaby, Smith, Sprague, Stautberg, Terhar, Thompson, Young 

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A BILL

To amend sections 2317.56, 2919.171, 2919.19,

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2919.191, 2919.192, 2919.193, and 4731.22; to

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amend, for the purpose of adopting new section

3

numbers as indicted in parentheses, sections

4

2919.191 (2919.192), 2919.192 (2919.194), and

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2919.193 (2919.198); and to enact new sections

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2919.191 and 2919.193 and sections 2919.195,

7

2919.196, 2919.197, 2919.199, 2919.1910, and

8

2919.1911 of the Revised Code to generally

9

prohibit an abortion of an unborn human individual

10

with a detectable heartbeat and to create the

11

Joint Legislative Committee on Adoption Promotion

12

and Support; and to amend the version of section

13

4731.22 of the Revised Code that is scheduled to

14

take effect April 1, 2015, to continue the

15

provisions of this act on and after that effective

16

date.

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

Section 1. That sections 2317.56, 2919.171, 2919.19,	18
2919.191, 2919.192, 2919.193, and 4731.22 be amended; sections	19
2919.191 (2919.192), 2919.192 (2919.194), and 2919.193 (2919.198)	20
be amended for the purposes of adopting new section numbers as	21
indicated in parentheses; and new sections 2919.191 and 2919.193	22
and sections 2919.195, 2919.196, 2919.197, 2919.199, 2919.1910,	23
and 2919.1911 of the Revised Code be enacted to read as follows:	24

Sec. 2317.56.  (A) As used in this section:

25

(1) "Medical emergency" has the same meaning as in section	26
2919.16 of the Revised Code.	27

(2) "Medical necessity" means a medical condition of a	28
pregnant woman that, in the reasonable judgment of the physician	29
who is attending the woman, so complicates the pregnancy that it	30
necessitates the immediate performance or inducement of an	31
abortion.	32

(3) "Probable gestational age of the embryo or fetus" means	33
the gestational age that, in the judgment of a physician, is, with	34
reasonable probability, the gestational age of the embryo or fetus	35
at the time that the physician informs a pregnant woman pursuant	36
to division (B)(1)(b) of this section.	37

(B) Except when there is a medical emergency or medical	38
necessity, an abortion shall be performed or induced only if all	39
of the following conditions are satisfied:	40

(1) At least twenty-four hours prior to the performance or	41
inducement of the abortion, a physician meets with the pregnant	42
woman in person in an individual, private setting and gives her an	43
adequate opportunity to ask questions about the abortion that will	44
be performed or induced. At this meeting, the physician shall	45
inform the pregnant woman, verbally or, if she is hearing	46
impaired, by other means of communication, of all of the	47
following:	48

(a) The nature and purpose of the particular abortion	49
procedure to be used and the medical risks associated with that	50
procedure;	51

(b) The probable gestational age of the embryo or fetus;

52

(c) The medical risks associated with the pregnant woman	53
carrying the pregnancy to term.	54

The meeting need not occur at the facility where the abortion	55
is to be performed or induced, and the physician involved in the	56
meeting need not be affiliated with that facility or with the	57
physician who is scheduled to perform or induce the abortion.	58

(2) At least twenty-four hours prior to the performance or	59
inducement of the abortion, the physician who is to perform or	60
induce the abortion or the physician's agent does each of the	61
following in person, by telephone, by certified mail, return	62
receipt requested, or by regular mail evidenced by a certificate	63
of mailing:	64

(a) Inform the pregnant woman of the name of the physician	65
who is scheduled to perform or induce the abortion;	66

(b) Give the pregnant woman copies of the published materials	67
described in division (C) of this section;	68

(c) Inform the pregnant woman that the materials given	69
pursuant to division (B)(2)(b) of this section are published by	70
the state and that they describe the embryo or fetus and list	71
agencies that offer alternatives to abortion. The pregnant woman	72
may choose to examine or not to examine the materials. A physician	73
or an agent of a physician may choose to be disassociated from the	74
materials and may choose to comment or not comment on the	75
materials.	76

(3) If it has been determined that the unborn human	77
individual the pregnant woman is carrying has a detectable fetal	78
heartbeat, the physician who is to perform or induce the abortion	79
shall comply with the informed consent requirements in section	80
2919.1922919.194 of the Revised Code in addition to complying	81
with the informed consent requirements in divisions (B)(1), (2),	82
(4), and (5) of this section.	83

(4) Prior to the performance or inducement of the abortion,	84
the pregnant woman signs a form consenting to the abortion and	85
certifies both of the following on that form:	86

(a) She has received the information and materials described	87
in divisions (B)(1) and (2) of this section, and her questions	88
about the abortion that will be performed or induced have been	89
answered in a satisfactory manner.	90

(b) She consents to the particular abortion voluntarily,	91
knowingly, intelligently, and without coercion by any person, and	92
she is not under the influence of any drug of abuse or alcohol.	93

The form shall contain the name and contact information of	94
the physician who provided to the pregnant woman the information	95
described in division (B)(1) of this section.	96

(5) Prior to the performance or inducement of the abortion,	97
the physician who is scheduled to perform or induce the abortion	98
or the physician's agent receives a copy of the pregnant woman's	99
signed form on which she consents to the abortion and that	100
includes the certification required by division (B)(4) of this	101
section.	102

(C) The department of health shall publish in English and in	103
Spanish, in a typeface large enough to be clearly legible, and in	104
an easily comprehensible format, the following materials on the	105
department's web site:	106

(1) Materials that inform the pregnant woman about family	107
planning information, of publicly funded agencies that are	108
available to assist in family planning, and of public and private	109
agencies and services that are available to assist her through the	110
pregnancy, upon childbirth, and while the child is dependent,	111
including, but not limited to, adoption agencies. The materials	112
shall be geographically indexed; include a comprehensive list of	113
the available agencies, a description of the services offered by	114
the agencies, and the telephone numbers and addresses of the	115
agencies; and inform the pregnant woman about available medical	116
assistance benefits for prenatal care, childbirth, and neonatal	117
care and about the support obligations of the father of a child	118
who is born alive. The department shall ensure that the materials	119
described in division (C)(1) of this section are comprehensive and	120
do not directly or indirectly promote, exclude, or discourage the	121
use of any agency or service described in this division.	122

(2) Materials that inform the pregnant woman of the probable	123
anatomical and physiological characteristics of the zygote,	124
blastocyte, embryo, or fetus at two-week gestational increments	125
for the first sixteen weeks of pregnancy and at four-week	126
gestational increments from the seventeenth week of pregnancy to	127
full term, including any relevant information regarding the time	128
at which the fetus possibly would be viable. The department shall	129
cause these materials to be published only after it consults with	130
the Ohio state medical association and the Ohio section of the	131
American college of obstetricians and gynecologists relative to	132
the probable anatomical and physiological characteristics of a	133
zygote, blastocyte, embryo, or fetus at the various gestational	134
increments. The materials shall use language that is	135
understandable by the average person who is not medically trained,	136
shall be objective and nonjudgmental, and shall include only	137
accurate scientific information about the zygote, blastocyte,	138
embryo, or fetus at the various gestational increments. If the	139
materials use a pictorial, photographic, or other depiction to	140
provide information regarding the zygote, blastocyte, embryo, or	141
fetus, the materials shall include, in a conspicuous manner, a	142
scale or other explanation that is understandable by the average	143
person and that can be used to determine the actual size of the	144
zygote, blastocyte, embryo, or fetus at a particular gestational	145
increment as contrasted with the depicted size of the zygote,	146
blastocyte, embryo, or fetus at that gestational increment.	147

(D) Upon the submission of a request to the department of	148
health by any person, hospital, physician, or medical facility for	149
one copy of the materials published in accordance with division	150
(C) of this section, the department shall make the requested copy	151
of the materials available to the person, hospital, physician, or	152
medical facility that requested the copy.	153

(E) If a medical emergency or medical necessity compels the	154
performance or inducement of an abortion, the physician who will	155
perform or induce the abortion, prior to its performance or	156
inducement if possible, shall inform the pregnant woman of the	157
medical indications supporting the physician's judgment that an	158
immediate abortion is necessary. Any physician who performs or	159
induces an abortion without the prior satisfaction of the	160
conditions specified in division (B) of this section because of a	161
medical emergency or medical necessity shall enter the reasons for	162
the conclusion that a medical emergency or medical necessity	163
exists in the medical record of the pregnant woman.	164

(F) If the conditions specified in division (B) of this	165
section are satisfied, consent to an abortion shall be presumed to	166
be valid and effective.	167

(G) The performance or inducement of an abortion without the	168
prior satisfaction of the conditions specified in division (B) of	169
this section does not constitute, and shall not be construed as	170
constituting, a violation of division (A) of section 2919.12 of	171
the Revised Code. The failure of a physician to satisfy the	172
conditions of division (B) of this section prior to performing or	173
inducing an abortion upon a pregnant woman may be the basis of	174
both of the following:	175

(1) A civil action for compensatory and exemplary damages as	176
described in division (H) of this section;	177

(2) Disciplinary action under section 4731.22 of the Revised	178
Code.	179

(H)(1) Subject to divisions (H)(2) and (3) of this section,	180
any physician who performs or induces an abortion with actual	181
knowledge that the conditions specified in division (B) of this	182
section have not been satisfied or with a heedless indifference as	183
to whether those conditions have been satisfied is liable in	184
compensatory and exemplary damages in a civil action to any	185
person, or the representative of the estate of any person, who	186
sustains injury, death, or loss to person or property as a result	187
of the failure to satisfy those conditions. In the civil action,	188
the court additionally may enter any injunctive or other equitable	189
relief that it considers appropriate.	190

(2) The following shall be affirmative defenses in a civil	191
action authorized by division (H)(1) of this section:	192

(a) The physician performed or induced the abortion under the	193
circumstances described in division (E) of this section.	194

(b) The physician made a good faith effort to satisfy the	195
conditions specified in division (B) of this section.	196

(3) An employer or other principal is not liable in damages	197
in a civil action authorized by division (H)(1) of this section on	198
the basis of the doctrine of respondeat superior unless either of	199
the following applies:	200

(a) The employer or other principal had actual knowledge or,	201
by the exercise of reasonable diligence, should have known that an	202
employee or agent performed or induced an abortion with actual	203
knowledge that the conditions specified in division (B) of this	204
section had not been satisfied or with a heedless indifference as	205
to whether those conditions had been satisfied.	206

(b) The employer or other principal negligently failed to	207
secure the compliance of an employee or agent with division (B) of	208
this section.	209

(4) Notwithstanding division (E) of section 2919.12 of the	210
Revised Code, the civil action authorized by division (H)(1) of	211
this section shall be the exclusive civil remedy for persons, or	212
the representatives of estates of persons, who allegedly sustain	213
injury, death, or loss to person or property as a result of a	214
failure to satisfy the conditions specified in division (B) of	215
this section.	216

(I) The department of job and family services shall prepare	217
and conduct a public information program to inform women of all	218
available governmental programs and agencies that provide services	219
or assistance for family planning, prenatal care, child care, or	220
alternatives to abortion.	221

Sec. 2919.171. (A)(1) A physician who performs or induces or	222
attempts to perform or induce an abortion on a pregnant woman	223
shall submit a report to the department of health in accordance	224
with the forms, rules, and regulations adopted by the department	225
that includes all of the information the physician is required to	226
certify in writing or determine under sectionssection 2919.17	227
and, section 2919.18, divisions (A) and (C) of section 2919.192,	228
division (C) of section 2919.193, division (B) of section	229
2919.195, or division (A) of section 2919.196 of the Revised	230
Code:.	231

(2) If a person other than the physician described in	232
division (A)(1) of this section makes or maintains a record	233
required by sections 2919.192 to 2919.196 of the Revised Code on	234
the physician's behalf or at the physician's direction, that	235
person shall comply with the reporting requirement described in	236
division (A)(1) of this section as if the person were the	237
physician described in that division.	238

(B) By September 30 of each year, the department of health	239
shall issue a public report that provides statistics for the	240
previous calendar year compiled from all of the reports covering	241
that calendar year submitted to the department in accordance with	242
this section for each of the items listed in division (A) of this	243
section. The report shall also provide the statistics for each	244
previous calendar year in which a report was filed with the	245
department pursuant to this section, adjusted to reflect any	246
additional information that a physician provides to the department	247
in a late or corrected report. The department shall ensure that	248
none of the information included in the report could reasonably	249
lead to the identification of any pregnant woman upon whom an	250
abortion is performed.	251

(C)(1) The physician shall submit the report described in	252
division (A) of this section to the department of health within	253
fifteen days after the woman is discharged. If the physician fails	254
to submit the report more than thirty days after that fifteen-day	255
deadline, the physician shall be subject to a late fee of five	256
hundred dollars for each additional thirty-day period or portion	257
of a thirty-day period the report is overdue. A physician who is	258
required to submit to the department of health a report under	259
division (A) of this section and who has not submitted a report or	260
has submitted an incomplete report more than one year following	261
the fifteen-day deadline may, in an action brought by the	262
department of health, be directed by a court of competent	263
jurisdiction to submit a complete report to the department of	264
health within a period of time stated in a court order or be	265
subject to contempt of court.	266

(2) If a physician fails to comply with the requirements of	267
this section, other than filing a late report with the department	268
of health, or fails to submit a complete report to the department	269
of health in accordance with a court order, the physician is	270
subject to division (B)(41)(44) of section 4731.22 of the Revised	271
Code.	272

(3) No person shall falsify any report required under this	273
section. Whoever violates this division is guilty of abortion	274
report falsification, a misdemeanor of the first degree.	275

(D) Within ninety days of the effective date of this section,	276
theThe department of health shall adopt rules pursuant to section	277
111.15 of the Revised Code to assist in compliance with this	278
section.	279

Sec. 2919.19. (A) As used in this section and sections	280
2919.191 to 2919.1932919.1910 of the Revised Code:	281

(A)(1) "Conception" means fertilization.

282

(2) "Contraceptive" means a drug, device, or chemical that	283
prevents conception.	284

(3) "DNA" means deoxyribonucleic acid.

285

(4) "Fetal heartbeat" means cardiac activity or the steady	286
and repetitive rhythmic contraction of the fetal heart within the	287
gestational sac.	288

(B)(5) "Fetus" means the human offspring developing during	289
pregnancy from the moment of conception and includes the embryonic	290
stage of development.	291

(C)(6) "Gestational age" means the age of an unborn human	292
individual as calculated from the first day of the last menstrual	293
period of a pregnant woman.	294

(D)(7) "Gestational sac" means the structure that comprises	295
the extraembryonic membranes that envelop the fetus and that is	296
typically visible by ultrasound after the fourth week of	297
pregnancy.	298

(E)(8) "Intrauterine pregnancy" means a pregnancy in which	299
the fetus is attached to the placenta within the uterus of the	300
pregnant woman.	301

(9) "Medical emergency" has the same meaning as in section	302
2919.16 of the Revised Code.	303

(F)(10) "Physician" has the same meaning as in section	304
2305.113 of the Revised Code.	305

(G)(11) "Pregnancy" means the human female reproductive	306
condition that begins with fertilization, when the woman is	307
carrying the developing human offspring, and that is calculated	308
from the first day of the last menstrual period of the woman.	309

(H)(12) "Serious risk of the substantial and irreversible	310
impairment of a major bodily function" has the same meaning as in	311
section 2919.16 of the Revised Code.	312

(I)(13) "Spontaneous miscarriage" means the natural or	313
accidental termination of a pregnancy and the expulsion of the	314
fetus, typically caused by genetic defects in the fetus or	315
physical abnormalities in the pregnant woman.	316

(14) "Standard medical practice" means the degree of skill,	317
care, and diligence that a physician of the same medical specialty	318
would employ in like circumstances. As applied to the method used	319
to determine the presence of a fetal heartbeat for purposes of	320
section 2919.1912919.192 of the Revised Code, "standard medical	321
practice" includes employing the appropriate means of detection	322
depending on the estimated gestational age of the fetus and the	323
condition of the woman and her pregnancy.	324

(J)(15) "Unborn human individual" means an individual	325
organism of the species homo sapiens from fertilization until live	326
birth.	327

(B)(1) It is the intent of the general assembly that a court	328
judgment or order suspending enforcement of any provision of this	329
section or sections 2919.171 or 2919.191 to 2919.1910 of the	330
Revised Code is not to be regarded as tantamount to repeal of that	331
provision.	332

(2) After the issuance of a decision by the supreme court of	333
the United States overruling Roe v. Wade, 410 U.S. 113 (1973), the	334
issuance of any other court order or judgment restoring,	335
expanding, or clarifying the authority of states to prohibit or	336
regulate abortion entirely or in part, or the effective date of an	337
amendment to the Constitution of the United States restoring,	338
expanding, or clarifying the authority of states to prohibit or	339
regulate abortion entirely or in part, the attorney general may	340
apply to the pertinent state or federal court for either or both	341
of the following:	342

(a) A declaration that any one or more sections specified in	343
division (B)(1) of this section are constitutional;	344

(b) A judgment or order lifting an injunction against the	345
enforcement of any one or more sections specified in division	346
(B)(1) of this section.	347

(3) If the attorney general fails to apply for the relief	348
described in division (B)(2) of this section within the thirty-day	349
period after an event described in that division occurs, any	350
county prosecutor may apply to the appropriate state or federal	351
court for such relief.	352

(4) If any provision of this section or sections 2919.171 or	353
2919.191 to 2919.1910 of the Revised Code is held invalid, or if	354
the application of such provision to any person or circumstance is	355
held invalid, the invalidity of that provision does not affect any	356
other provisions or applications of this section and sections	357
2919.171 and 2919.191 to 2919.1910 of the Revised Code that can be	358
given effect without the invalid provision or application, and to	359
this end the provisions of this section and sections 2919.171 and	360
2919.191 to 2919.1910 of the Revised Code are severable as	361
provided in section 1.50 of the Revised Code. In particular, it is	362
the intent of the general assembly that any invalidity or	363
potential invalidity of a provision of this section or sections	364
2919.171 or 2919.191 to 2919.1910 of the Revised Code is not to	365
impair the immediate and continuing enforceability of the	366
remaining provisions. It is furthermore the intent of the general	367
assembly that the provisions of this section and sections 2919.171	368
and 2919.191 to 2919.1910 of the Revised Code are not to have the	369
effect of repealing or limiting any other laws of this state,	370
except as specified by this section and sections 2919.171 and	371
2919.191 to 2919.1910 of the Revised Code.	372

Sec. 2919.191.  (A) The general assembly hereby declares that	373
it finds, according to contemporary medical research, all of the	374
following:	375

(1) As many as thirty per cent of natural pregnancies end in	376
spontaneous miscarriage.	377

(2) Less than five per cent of all natural pregnancies end in	378
spontaneous miscarriage after detection of fetal cardiac activity.	379

(3) Over ninety per cent of in vitro pregnancies survive the	380
first trimester if cardiac activity is detected in the gestational	381
sac.	382

(4) Nearly ninety per cent of in vitro pregnancies do not	383
survive the first trimester where cardiac activity is not detected	384
in the gestational sac.	385

(5) Fetal heartbeat, therefore, has become a key medical	386
predictor that an unborn human individual will reach live birth.	387

(6) Cardiac activity begins at a biologically identifiable	388
moment in time, normally when the fetal heart is formed in the	389
gestational sac.	390

(7) The state of Ohio has legitimate interests from the	391
outset of the pregnancy in protecting the health of the woman and	392
the life of an unborn human individual who may be born.	393

(8) In order to make an informed choice about whether to	394
continue her pregnancy, the pregnant woman has a legitimate	395
interest in knowing the likelihood of the fetus surviving to	396
full-term birth based upon the presence of cardiac activity.	397

(B) Sections 2919.192 to 2919.195 of the Revised Code apply	398
only to intrauterine pregnancies.	399

Sec. 2919.191.        Sec. 2919.192. (A) A person who intends to perform	400
or induce an abortion on a pregnant woman shall determine whether	401
there is a detectable fetal heartbeat of the unborn human	402
individual the pregnant woman is carrying. The method of	403
determining the presence of a fetal heartbeat shall be consistent	404
with the person's good faith understanding of standard medical	405
practice, provided that if rules have been adopted under division	406
(C)(B) of this section, the method chosen shall be one that is	407
consistent with the rules. The person who determines the presence	408
or absence of a fetal heartbeat shall record in the pregnant	409
woman's medical record the estimated gestational age of the unborn	410
human individual, the method used to test for a fetal heartbeat,	411
the date and time of the test, and the results of the test.	412

(B)(1) Except when a medical emergency exists that prevents	413
compliance with this division, no person shall perform or induce	414
an abortion on a pregnant woman prior to determining if the unborn	415
human individual the pregnant woman is carrying has a detectable	416
fetal heartbeat. Any person who performs or induces an abortion on	417
a pregnant woman based on the exception in this division shall	418
note in the pregnant woman's medical records that a medical	419
emergency necessitating the abortion existed and shall also note	420
the medical condition of the pregnant woman that prevented	421
compliance with this division. The person shall maintain a copy of	422
the notes described in this division in the person's own records	423
for at least seven years after the notes are entered into the	424
medical records.	425

(2) The person who performs the examination for the presence	426
of a fetal heartbeat shall give the pregnant woman the option to	427
view or hear the fetal heartbeat.	428

(C)(B) The director of health may promulgateadopt rules	429
pursuant to section 111.15 of the Revised Code specifying the	430
appropriate methods of performing an examination for the purpose	431
of determining the presence of a fetal heartbeat of an unborn	432
individual based on standard medical practice. The rules shall	433
require only that an examination shall be performed externally.	434

(D)(C) A person is not in violation of division (A) or (B) of	435
this section if that person has performed an examination for the	436
purpose of determining the presence of a fetal heartbeat in the	437
fetusof an unborn human individual utilizing standard medical	438
practice, that examination does not reveal a fetal heartbeat or	439
the person has been informed by a physician who has performed the	440
examination for a fetal heartbeat that the examination did not	441
reveal a fetal heartbeat, and the person notes in the pregnant	442
woman's medical records the procedure utilized to detect the	443
presence of a fetal heartbeat.	444

(E) Except as provided in division (F) of this section, no	445
person shall knowingly and purposefully perform or induce an	446
abortion on a pregnant woman before determining in accordance with	447
division (A) of this section whether the unborn human individual	448
the pregnant woman is carrying has a detectable heartbeat. The	449
failure of a person to satisfy the requirements of this section	450
prior to performing or inducing an abortion on a pregnant woman	451
may be the basis for either of the following:	452

(1) A civil action for compensatory and exemplary damages;

453

(2) Disciplinary action under section 4731.22 of the Revised	454
Code.	455

(F) Division (E) of this section does not apply to a	456
physician who performs or induces the abortion if the physician	457
believes that a medical emergency exists that prevents compliance	458
with that division.	459

(G) The director of health may determine and specify in rules	460
adopted pursuant to section 111.15 of the Revised Code and based	461
upon available medical evidence the statistical probability of	462
bringing an unborn human individual to term based on the	463
gestational age of an unborn human individual who possesses a	464
detectable fetal heartbeat.	465

(H) A woman on whom an abortion is performed in violation of	466
division (B) of this section or division (B)(3) of section 2317.56	467
of the Revised Code may file a civil action for the wrongful death	468
of the woman's unborn child and may receive at the mother's	469
election at any time prior to final judgment damages in an amount	470
equal to ten thousand dollars or an amount determined by the trier	471
of fact after consideration of the evidence subject to the same	472
defenses and requirements of proof, except any requirement of live	473
birth, as would apply to a suit for the wrongful death of a child	474
who had been born alive.	475

Sec. 2919.193. (A) Except as provided in division (B) of this	476
section, no person shall knowingly and purposefully perform or	477
induce an abortion on a pregnant woman before determining in	478
accordance with division (A) of section 2919.192 of the Revised	479
Code whether the unborn human individual the pregnant woman is	480
carrying has a detectable heartbeat.	481

Whoever violates this division is guilty of performing or	482
inducing an abortion before determining whether there is a	483
detectable fetal heartbeat, a felony of the fifth degree. A	484
violation of this division may also be the basis of either of the	485
following:	486

(1) A civil action for compensatory and exemplary damages;

487

(2) Disciplinary action under section 4731.22 of the Revised	488
Code.	489

(B) Division (A) of this section does not apply to a	490
physician who performs or induces the abortion if the physician	491
believes that a medical emergency exists that prevents compliance	492
with that division.	493

(C) A physician who performs or induces an abortion on a	494
pregnant woman based on the exception in division (B) of this	495
section shall make written notations in the pregnant woman's	496
medical records of both of the following:	497

(1) The physician's belief that a medical emergency	498
necessitating the abortion existed;	499

(2) The medical condition of the pregnant woman that	500
assertedly prevented compliance with division (A) of this section.	501

For at least seven years from the date the notations are	502
made, the physician shall maintain in the physician's own records	503
a copy of the notations.	504

(D) A person is not in violation of division (A) of this	505
section if the person acts in accordance with division (A) of	506
section 2919.192 of the Revised Code and the method used to	507
determine the presence of a fetal heartbeat does not reveal a	508
fetal heartbeat.	509

Sec. 2919.192.        Sec. 2919.194. (A) If a person who intends to	510
perform or induce an abortion on a pregnant woman has determined,	511
under section 2919.1912919.192 of the Revised Code, that the	512
unborn human individual the pregnant woman is carrying has a	513
detectable heartbeat, the person shall not, except as provided in	514
division (B) of this section, perform or induce the abortion until	515
all of the following requirements have been met and at least	516
twenty-four hours have elapsed after the last of the requirements	517
is met:	518

(1) The person intending to perform or induce the abortion	519
shall inform the pregnant woman in writing that the unborn human	520
individual the pregnant woman is carrying has a fetal heartbeat.	521

(2) The person intending to perform or induce the abortion	522
shall inform the pregnant woman, to the best of the person's	523
knowledge, of the statistical probability of bringing the unborn	524
human individual possessing a detectable fetal heartbeat to term	525
based on the gestational age of the unborn human individual or, if	526
the director of health has specified statistical probability	527
information pursuant to rules adopted under division (C) of this	528
section, shall provide to the pregnant woman that information.	529

(3) The pregnant woman shall sign a form acknowledging that	530
the pregnant woman has received information from the person	531
intending to perform or induce the abortion that the unborn human	532
individual the pregnant woman is carrying has a fetal heartbeat	533
and that the pregnant woman is aware of the statistical	534
probability of bringing the unborn human individual the pregnant	535
woman is carrying to term.	536

(B) Division (A) of this section does not apply if the person	537
who intends to perform or induce the abortion believes that a	538
medical emergency exists that prevents compliance with that	539
division.	540

(C) The director of health may adopt rules that specify	541
information regarding the statistical probability of bringing an	542
unborn human individual possessing a detectable heartbeat to term	543
based on the gestational age of the unborn human individual. The	544
rules shall be based on available medical evidence and shall be	545
adopted in accordance with section 111.15 of the Revised Code.	546

(D) This section does not have the effect of repealing or	547
limiting any other provision of the Revised Code relating to	548
informed consent for an abortion, including the provisions in	549
section 2317.56 of the Revised Code.	550

(E) Whoever violates division (A) of this section is guilty	551
of performing or inducing an abortion without informed consent	552
when there is a detectable fetal heartbeat, a misdemeanor of the	553
first degree on a first offense and a felony of the fourth degree	554
on each subsequent offense.	555

Sec. 2919.195. (A) Except as provided in division (B) of this	556
section, no person shall knowingly and purposefully perform or	557
induce an abortion on a pregnant woman with the specific intent of	558
causing or abetting the termination of the life of the unborn	559
human individual the pregnant woman is carrying and whose fetal	560
heartbeat has been detected in accordance with division (A) of	561
section 2919.192 of the Revised Code.	562

Whoever violates this division is guilty of performing or	563
inducing an abortion after the detection of a fetal heartbeat, a	564
felony of the fifth degree.	565

(B) Division (A) of this section does not apply to a	566
physician who performs a medical procedure that, in the	567
physician's reasonable medical judgment, is designed or intended	568
to prevent the death of the pregnant woman or to prevent a serious	569
risk of the substantial and irreversible impairment of a major	570
bodily function of the pregnant woman.	571

A physician who performs a medical procedure as described in	572
this division shall declare, in a written document, that the	573
medical procedure is necessary, to the best of the physician's	574
reasonable medical judgment, to prevent the death of the pregnant	575
woman or to prevent a serious risk of the substantial and	576
irreversible impairment of a major bodily function of the pregnant	577
woman. In the document, the physician shall specify the pregnant	578
woman's medical condition that the medical procedure is asserted	579
to address and the medical rationale for the physician's	580
conclusion that the medical procedure is necessary to prevent the	581
death of the pregnant woman or to prevent a serious risk of the	582
substantial and irreversible impairment of a major bodily function	583
of the pregnant woman.	584

A physician who performs a medical procedure as described in	585
this division shall place the written document required by this	586
division in the pregnant woman's medical records. The physician	587
shall maintain a copy of the document in the physician's own	588
records for at least seven years from the date the document is	589
created.	590

(C) A person is not in violation of division (A) of this	591
section if the person acts in accordance with division (A) of	592
section 2919.192 of the Revised Code and the method used to	593
determine the presence of a fetal heartbeat does not reveal a	594
fetal heartbeat.	595

(D) Division (A) of this section does not have the effect of	596
repealing or limiting any other provision of the Revised Code that	597
restricts or regulates the performance or inducement of an	598
abortion by a particular method or during a particular stage of a	599
pregnancy.	600

Sec. 2919.196. (A) A person who performs or induces an	601
abortion on a pregnant woman shall do whichever of the following	602
is applicable:	603

(1) If the reason for the abortion purportedly is to preserve	604
the health of the pregnant woman, the person shall specify in a	605
written document the medical condition that the abortion is	606
asserted to address and the medical rationale for the person's	607
conclusion that the abortion is necessary to address that	608
condition.	609

(2) If the reason for the abortion is other than to preserve	610
the health of the pregnant woman, the person shall specify in a	611
written document that maternal health is not the purpose of the	612
abortion.	613

(B) The person who specifies the information in the document	614
described in division (A) of this section shall place the document	615
in the pregnant woman's medical records. The person who specifies	616
the information shall maintain a copy of the document in the	617
person's own records for at least seven years from the date the	618
document is created.	619

Sec. 2919.197. Nothing in sections 2919.19 to 2919.196 of the	620
Revised Code prohibits the sale, use, prescription, or	621
administration of a drug, device, or chemical that is designed for	622
contraceptive purposes.	623

Sec. 2919.193.        Sec. 2919.198. A pregnant woman on whom an abortion	624
is performed or induced in violation of section 2919.191 or	625
2919.1922919.193, 2919.194, or 2919.195 of the Revised Code is	626
not guilty of violating any of those sections; is not guilty of	627
attempting to commit, conspiring to commit, or complicity in	628
committing a violation of any of those sections; and is not	629
subject to a civil penalty based on the abortion being performed	630
or induced in violation of any of those sections.	631

Sec. 2919.199.  (A) A woman who meets either or both of the	632
following criteria may file a civil action for the wrongful death	633
of her unborn child:	634

(1) A woman on whom an abortion was performed or induced in	635
violation of division (A) of section 2919.193 or division (A) of	636
section 2919.195 of the Revised Code;	637

(2) A woman on whom an abortion was performed or induced who	638
was not given the information described in divisions (A)(1) and	639
(2) of section 2919.194 of the Revised Code or who did not sign a	640
form described in division (A)(3) of section 2919.194 of the	641
Revised Code.	642

(B) A woman who prevails in an action filed under division	643
(A) of this section shall receive both of the following from the	644
person who committed the one or more acts described in division	645
(A)(1) or (2) of this section:	646

(1) Damages in an amount equal to ten thousand dollars or an	647
amount determined by the trier of fact after consideration of the	648
evidence at the mother's election at any time prior to final	649
judgment subject to the same defenses and requirements of proof,	650
except any requirement of live birth, as would apply to a suit for	651
the wrongful death of a child who had been born alive;	652

(2) Court costs and reasonable attorney's fees.

653

(C) A determination that division (A) of section 2919.193 of	654
the Revised Code, division (A)(1), (2), or (3) of section 2919.194	655
of the Revised Code, or division (A) of section 2919.195 of the	656
Revised Code is unconstitutional shall be a defense to an action	657
filed under division (A) of this section alleging that the	658
defendant violated the division that was determined to be	659
unconstitutional.	660

(D) If the defendant in an action filed under division (A) of	661
this section prevails and all of the following apply, the court	662
shall award reasonable attorney's fees to the defendant in	663
accordance with section 2323.51 of the Revised Code:	664

(1) The court finds that the commencement of the action	665
constitutes frivolous conduct, as defined in section 2323.51 of	666
the Revised Code.	667

(2) The court's finding in division (D)(1) of this section is	668
not based on that court or another court determining that division	669
(A) of section 2919.193 of the Revised Code, division (A)(1), (2),	670
or (3) of section 2919.194 of the Revised Code, or division (A) of	671
section 2919.195 of the Revised Code is unconstitutional.	672

(3) The court finds that the defendant was adversely affected	673
by the frivolous conduct.	674

Sec. 2919.1910.  (A) It is the intent of the general assembly	675
that women whose pregnancies are protected under division (A) of	676
section 2919.195 of the Revised Code be informed of available	677
options for adoption.	678

(B) In furtherance of the intent expressed in division (A) of	679
this section, there is hereby created the joint legislative	680
committee on adoption promotion and support. The committee may	681
review or study any matter that it considers relevant to the	682
adoption process in this state, with priority given to the study	683
or review of mechanisms intended to increase awareness of the	684
process, increase its effectiveness, or both.	685

(C) The committee shall consist of three members of the house	686
of representatives appointed by the speaker of the house of	687
representatives and three members of the senate appointed by the	688
president of the senate. Not more than two members appointed by	689
the speaker of the house of representatives and not more than two	690
members appointed by the president of the senate may be of the	691
same political party.	692

Each member of the committee shall hold office during the	693
general assembly in which the member is appointed and until a	694
successor has been appointed, notwithstanding the adjournment sine	695
die of the general assembly in which the member was appointed or	696
the expiration of the member's term as a member of the general	697
assembly. Any vacancies occurring among the members of the	698
committee shall be filled in the manner of the original	699
appointment.	700

(D) The committee has the same powers as other standing or	701
select committees of the general assembly.	702

Sec. 2919.1911.  The department of health shall inspect the	703
medical records from any facility that performs abortions to	704
ensure that the physicians or other persons who perform abortions	705
at that facility are in compliance with the reporting requirements	706
under section 2919.171 of the Revised Code. The facility shall	707
make the medical records available for inspection to the	708
department of health but shall not release any personal medical	709
information in the medical records that is prohibited by law.	710

Sec. 4731.22.  (A) The state medical board, by an affirmative	711
vote of not fewer than six of its members, may limit, revoke, or	712
suspend an individual's certificate to practice, refuse to grant a	713
certificate to an individual, refuse to register an individual,	714
refuse to reinstate a certificate, or reprimand or place on	715
probation the holder of a certificate if the individual or	716
certificate holder is found by the board to have committed fraud	717
during the administration of the examination for a certificate to	718
practice or to have committed fraud, misrepresentation, or	719
deception in applying for or securing any certificate to practice	720
or certificate of registration issued by the board.	721

(B) The board, by an affirmative vote of not fewer than six	722
members, shall, to the extent permitted by law, limit, revoke, or	723
suspend an individual's certificate to practice, refuse to	724
register an individual, refuse to reinstate a certificate, or	725
reprimand or place on probation the holder of a certificate for	726
one or more of the following reasons:	727

(1) Permitting one's name or one's certificate to practice or	728
certificate of registration to be used by a person, group, or	729
corporation when the individual concerned is not actually	730
directing the treatment given;	731

(2) Failure to maintain minimal standards applicable to the	732
selection or administration of drugs, or failure to employ	733
acceptable scientific methods in the selection of drugs or other	734
modalities for treatment of disease;	735

(3) Selling, giving away, personally furnishing, prescribing,	736
or administering drugs for other than legal and legitimate	737
therapeutic purposes or a plea of guilty to, a judicial finding of	738
guilt of, or a judicial finding of eligibility for intervention in	739
lieu of conviction of, a violation of any federal or state law	740
regulating the possession, distribution, or use of any drug;	741

(4) Willfully betraying a professional confidence.

742

For purposes of this division, "willfully betraying a	743
professional confidence" does not include providing any	744
information, documents, or reports to a child fatality review	745
board under sections 307.621 to 307.629 of the Revised Code and	746
does not include the making of a report of an employee's use of a	747
drug of abuse, or a report of a condition of an employee other	748
than one involving the use of a drug of abuse, to the employer of	749
the employee as described in division (B) of section 2305.33 of	750
the Revised Code. Nothing in this division affects the immunity	751
from civil liability conferred by that section upon a physician	752
who makes either type of report in accordance with division (B) of	753
that section. As used in this division, "employee," "employer,"	754
and "physician" have the same meanings as in section 2305.33 of	755
the Revised Code.	756

(5) Making a false, fraudulent, deceptive, or misleading	757
statement in the solicitation of or advertising for patients; in	758
relation to the practice of medicine and surgery, osteopathic	759
medicine and surgery, podiatric medicine and surgery, or a limited	760
branch of medicine; or in securing or attempting to secure any	761
certificate to practice or certificate of registration issued by	762
the board.	763

As used in this division, "false, fraudulent, deceptive, or	764
misleading statement" means a statement that includes a	765
misrepresentation of fact, is likely to mislead or deceive because	766
of a failure to disclose material facts, is intended or is likely	767
to create false or unjustified expectations of favorable results,	768
or includes representations or implications that in reasonable	769
probability will cause an ordinarily prudent person to	770
misunderstand or be deceived.	771

(6) A departure from, or the failure to conform to, minimal	772
standards of care of similar practitioners under the same or	773
similar circumstances, whether or not actual injury to a patient	774
is established;	775

(7) Representing, with the purpose of obtaining compensation	776
or other advantage as personal gain or for any other person, that	777
an incurable disease or injury, or other incurable condition, can	778
be permanently cured;	779

(8) The obtaining of, or attempting to obtain, money or	780
anything of value by fraudulent misrepresentations in the course	781
of practice;	782

(9) A plea of guilty to, a judicial finding of guilt of, or a	783
judicial finding of eligibility for intervention in lieu of	784
conviction for, a felony;	785

(10) Commission of an act that constitutes a felony in this	786
state, regardless of the jurisdiction in which the act was	787
committed;	788

(11) A plea of guilty to, a judicial finding of guilt of, or	789
a judicial finding of eligibility for intervention in lieu of	790
conviction for, a misdemeanor committed in the course of practice;	791

(12) Commission of an act in the course of practice that	792
constitutes a misdemeanor in this state, regardless of the	793
jurisdiction in which the act was committed;	794

(13) A plea of guilty to, a judicial finding of guilt of, or	795
a judicial finding of eligibility for intervention in lieu of	796
conviction for, a misdemeanor involving moral turpitude;	797

(14) Commission of an act involving moral turpitude that	798
constitutes a misdemeanor in this state, regardless of the	799
jurisdiction in which the act was committed;	800

(15) Violation of the conditions of limitation placed by the	801
board upon a certificate to practice;	802

(16) Failure to pay license renewal fees specified in this	803
chapter;	804

(17) Except as authorized in section 4731.31 of the Revised	805
Code, engaging in the division of fees for referral of patients,	806
or the receiving of a thing of value in return for a specific	807
referral of a patient to utilize a particular service or business;	808

(18) Subject to section 4731.226 of the Revised Code,	809
violation of any provision of a code of ethics of the American	810
medical association, the American osteopathic association, the	811
American podiatric medical association, or any other national	812
professional organizations that the board specifies by rule. The	813
state medical board shall obtain and keep on file current copies	814
of the codes of ethics of the various national professional	815
organizations. The individual whose certificate is being suspended	816
or revoked shall not be found to have violated any provision of a	817
code of ethics of an organization not appropriate to the	818
individual's profession.	819

For purposes of this division, a "provision of a code of	820
ethics of a national professional organization" does not include	821
any provision that would preclude the making of a report by a	822
physician of an employee's use of a drug of abuse, or of a	823
condition of an employee other than one involving the use of a	824
drug of abuse, to the employer of the employee as described in	825
division (B) of section 2305.33 of the Revised Code. Nothing in	826
this division affects the immunity from civil liability conferred	827
by that section upon a physician who makes either type of report	828
in accordance with division (B) of that section. As used in this	829
division, "employee," "employer," and "physician" have the same	830
meanings as in section 2305.33 of the Revised Code.	831

(19) Inability to practice according to acceptable and	832
prevailing standards of care by reason of mental illness or	833
physical illness, including, but not limited to, physical	834
deterioration that adversely affects cognitive, motor, or	835
perceptive skills.	836

In enforcing this division, the board, upon a showing of a	837
possible violation, may compel any individual authorized to	838
practice by this chapter or who has submitted an application	839
pursuant to this chapter to submit to a mental examination,	840
physical examination, including an HIV test, or both a mental and	841
a physical examination. The expense of the examination is the	842
responsibility of the individual compelled to be examined. Failure	843
to submit to a mental or physical examination or consent to an HIV	844
test ordered by the board constitutes an admission of the	845
allegations against the individual unless the failure is due to	846
circumstances beyond the individual's control, and a default and	847
final order may be entered without the taking of testimony or	848
presentation of evidence. If the board finds an individual unable	849
to practice because of the reasons set forth in this division, the	850
board shall require the individual to submit to care, counseling,	851
or treatment by physicians approved or designated by the board, as	852
a condition for initial, continued, reinstated, or renewed	853
authority to practice. An individual affected under this division	854
shall be afforded an opportunity to demonstrate to the board the	855
ability to resume practice in compliance with acceptable and	856
prevailing standards under the provisions of the individual's	857
certificate. For the purpose of this division, any individual who	858
applies for or receives a certificate to practice under this	859
chapter accepts the privilege of practicing in this state and, by	860
so doing, shall be deemed to have given consent to submit to a	861
mental or physical examination when directed to do so in writing	862
by the board, and to have waived all objections to the	863
admissibility of testimony or examination reports that constitute	864
a privileged communication.	865

(20) Except when civil penalties are imposed under section	866
4731.225 or 4731.281 of the Revised Code, and subject to section	867
4731.226 of the Revised Code, violating or attempting to violate,	868
directly or indirectly, or assisting in or abetting the violation	869
of, or conspiring to violate, any provisions of this chapter or	870
any rule promulgated by the board.	871

This division does not apply to a violation or attempted	872
violation of, assisting in or abetting the violation of, or a	873
conspiracy to violate, any provision of this chapter or any rule	874
adopted by the board that would preclude the making of a report by	875
a physician of an employee's use of a drug of abuse, or of a	876
condition of an employee other than one involving the use of a	877
drug of abuse, to the employer of the employee as described in	878
division (B) of section 2305.33 of the Revised Code. Nothing in	879
this division affects the immunity from civil liability conferred	880
by that section upon a physician who makes either type of report	881
in accordance with division (B) of that section. As used in this	882
division, "employee," "employer," and "physician" have the same	883
meanings as in section 2305.33 of the Revised Code.	884

(21) The violation of section 3701.79 of the Revised Code or	885
of any abortion rule adopted by the public health council pursuant	886
to section 3701.341 of the Revised Code;	887

(22) Any of the following actions taken by an agency	888
responsible for authorizing, certifying, or regulating an	889
individual to practice a health care occupation or provide health	890
care services in this state or another jurisdiction, for any	891
reason other than the nonpayment of fees: the limitation,	892
revocation, or suspension of an individual's license to practice;	893
acceptance of an individual's license surrender; denial of a	894
license; refusal to renew or reinstate a license; imposition of	895
probation; or issuance of an order of censure or other reprimand;	896

(23) The violation of section 2919.12 of the Revised Code or	897
the performance or inducement of an abortion upon a pregnant woman	898
with actual knowledge that the conditions specified in division	899
(B) of section 2317.56 of the Revised Code have not been satisfied	900
or with a heedless indifference as to whether those conditions	901
have been satisfied, unless an affirmative defense as specified in	902
division (H)(2) of that section would apply in a civil action	903
authorized by division (H)(1) of that section;	904

(24) The revocation, suspension, restriction, reduction, or	905
termination of clinical privileges by the United States department	906
of defense or department of veterans affairs or the termination or	907
suspension of a certificate of registration to prescribe drugs by	908
the drug enforcement administration of the United States	909
department of justice;	910

(25) Termination or suspension from participation in the	911
medicare or medicaid programs by the department of health and	912
human services or other responsible agency for any act or acts	913
that also would constitute a violation of division (B)(2), (3),	914
(6), (8), or (19) of this section;	915

(26) Impairment of ability to practice according to	916
acceptable and prevailing standards of care because of habitual or	917
excessive use or abuse of drugs, alcohol, or other substances that	918
impair ability to practice.	919

For the purposes of this division, any individual authorized	920
to practice by this chapter accepts the privilege of practicing in	921
this state subject to supervision by the board. By filing an	922
application for or holding a certificate to practice under this	923
chapter, an individual shall be deemed to have given consent to	924
submit to a mental or physical examination when ordered to do so	925
by the board in writing, and to have waived all objections to the	926
admissibility of testimony or examination reports that constitute	927
privileged communications.	928

If it has reason to believe that any individual authorized to	929
practice by this chapter or any applicant for certification to	930
practice suffers such impairment, the board may compel the	931
individual to submit to a mental or physical examination, or both.	932
The expense of the examination is the responsibility of the	933
individual compelled to be examined. Any mental or physical	934
examination required under this division shall be undertaken by a	935
treatment provider or physician who is qualified to conduct the	936
examination and who is chosen by the board.	937

Failure to submit to a mental or physical examination ordered	938
by the board constitutes an admission of the allegations against	939
the individual unless the failure is due to circumstances beyond	940
the individual's control, and a default and final order may be	941
entered without the taking of testimony or presentation of	942
evidence. If the board determines that the individual's ability to	943
practice is impaired, the board shall suspend the individual's	944
certificate or deny the individual's application and shall require	945
the individual, as a condition for initial, continued, reinstated,	946
or renewed certification to practice, to submit to treatment.	947

Before being eligible to apply for reinstatement of a	948
certificate suspended under this division, the impaired	949
practitioner shall demonstrate to the board the ability to resume	950
practice in compliance with acceptable and prevailing standards of	951
care under the provisions of the practitioner's certificate. The	952
demonstration shall include, but shall not be limited to, the	953
following:	954

(a) Certification from a treatment provider approved under	955
section 4731.25 of the Revised Code that the individual has	956
successfully completed any required inpatient treatment;	957

(b) Evidence of continuing full compliance with an aftercare	958
contract or consent agreement;	959

(c) Two written reports indicating that the individual's	960
ability to practice has been assessed and that the individual has	961
been found capable of practicing according to acceptable and	962
prevailing standards of care. The reports shall be made by	963
individuals or providers approved by the board for making the	964
assessments and shall describe the basis for their determination.	965

The board may reinstate a certificate suspended under this	966
division after that demonstration and after the individual has	967
entered into a written consent agreement.	968

When the impaired practitioner resumes practice, the board	969
shall require continued monitoring of the individual. The	970
monitoring shall include, but not be limited to, compliance with	971
the written consent agreement entered into before reinstatement or	972
with conditions imposed by board order after a hearing, and, upon	973
termination of the consent agreement, submission to the board for	974
at least two years of annual written progress reports made under	975
penalty of perjury stating whether the individual has maintained	976
sobriety.	977

(27) A second or subsequent violation of section 4731.66 or	978
4731.69 of the Revised Code;	979

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

980

(a) Waiving the payment of all or any part of a deductible or	981
copayment that a patient, pursuant to a health insurance or health	982
care policy, contract, or plan that covers the individual's	983
services, otherwise would be required to pay if the waiver is used	984
as an enticement to a patient or group of patients to receive	985
health care services from that individual;	986

(b) Advertising that the individual will waive the payment of	987
all or any part of a deductible or copayment that a patient,	988
pursuant to a health insurance or health care policy, contract, or	989
plan that covers the individual's services, otherwise would be	990
required to pay.	991

(29) Failure to use universal blood and body fluid	992
precautions established by rules adopted under section 4731.051 of	993
the Revised Code;	994

(30) Failure to provide notice to, and receive acknowledgment	995
of the notice from, a patient when required by section 4731.143 of	996
the Revised Code prior to providing nonemergency professional	997
services, or failure to maintain that notice in the patient's	998
file;	999

(31) Failure of a physician supervising a physician assistant	1000
to maintain supervision in accordance with the requirements of	1001
Chapter 4730. of the Revised Code and the rules adopted under that	1002
chapter;	1003

(32) Failure of a physician or podiatrist to enter into a	1004
standard care arrangement with a clinical nurse specialist,	1005
certified nurse-midwife, or certified nurse practitioner with whom	1006
the physician or podiatrist is in collaboration pursuant to	1007
section 4731.27 of the Revised Code or failure to fulfill the	1008
responsibilities of collaboration after entering into a standard	1009
care arrangement;	1010

(33) Failure to comply with the terms of a consult agreement	1011
entered into with a pharmacist pursuant to section 4729.39 of the	1012
Revised Code;	1013

(34) Failure to cooperate in an investigation conducted by	1014
the board under division (F) of this section, including failure to	1015
comply with a subpoena or order issued by the board or failure to	1016
answer truthfully a question presented by the board in an	1017
investigative interview, an investigative office conference, at a	1018
deposition, or in written interrogatories, except that failure to	1019
cooperate with an investigation shall not constitute grounds for	1020
discipline under this section if a court of competent jurisdiction	1021
has issued an order that either quashes a subpoena or permits the	1022
individual to withhold the testimony or evidence in issue;	1023

(35) Failure to supervise an oriental medicine practitioner	1024
or acupuncturist in accordance with Chapter 4762. of the Revised	1025
Code and the board's rules for providing that supervision;	1026

(36) Failure to supervise an anesthesiologist assistant in	1027
accordance with Chapter 4760. of the Revised Code and the board's	1028
rules for supervision of an anesthesiologist assistant;	1029

(37) Assisting suicide as defined in section 3795.01 of the	1030
Revised Code;	1031

(38) Failure to comply with the requirements of section	1032
2317.561 of the Revised Code;	1033

(39) Failure to supervise a radiologist assistant in	1034
accordance with Chapter 4774. of the Revised Code and the board's	1035
rules for supervision of radiologist assistants;	1036

(40) Performing or inducing an abortion at an office or	1037
facility with knowledge that the office or facility fails to post	1038
the notice required under section 3701.791 of the Revised Code;	1039

(41) Failure to comply with the standards and procedures	1040
established in rules under section 4731.054 of the Revised Code	1041
for the operation of or the provision of care at a pain management	1042
clinic;	1043

(42) Failure to comply with the standards and procedures	1044
established in rules under section 4731.054 of the Revised Code	1045
for providing supervision, direction, and control of individuals	1046
at a pain management clinic;	1047

(43) Failure to comply with the requirements of section	1048
4729.79 of the Revised Code, unless the state board of pharmacy no	1049
longer maintains a drug database pursuant to section 4729.75 of	1050
the Revised Code;	1051

(44) Failure to comply with the requirements of section	1052
2919.171 of the Revised Code or failure to submit to the	1053
department of health in accordance with a court order a complete	1054
report as described in section 2919.171 of the Revised Code;	1055

(45) Practicing at a facility that is subject to licensure as	1056
a category III terminal distributor of dangerous drugs with a pain	1057
management clinic classification unless the person operating the	1058
facility has obtained and maintains the license with the	1059
classification;	1060

(46) Owning a facility that is subject to licensure as a	1061
category III terminal distributor of dangerous drugs with a pain	1062
management clinic classification unless the facility is licensed	1063
with the classification;	1064

(47) Failure to comply with any of the requirement	1065
requirements regarding making or maintaining notesmedical records	1066
or documents described in division (B) of section 2919.191(A) of	1067
section 2919.192, division (C) of section 2919.193, division (B)	1068
of section 2919.195, or division (A) of section 2919.196 of the	1069
Revised Code or failure to satisfy the requirements of section	1070
2919.191 of the Revised Code prior to performing or inducing an	1071
abortion upon a pregnant woman;	1072

(48) Failure to comply with the requirements in section	1073
3719.061 of the Revised Code before issuing to a minor a	1074
prescription for a controlled substance containing an opioid.	1075

(C) Disciplinary actions taken by the board under divisions	1076
(A) and (B) of this section shall be taken pursuant to an	1077
adjudication under Chapter 119. of the Revised Code, except that	1078
in lieu of an adjudication, the board may enter into a consent	1079
agreement with an individual to resolve an allegation of a	1080
violation of this chapter or any rule adopted under it. A consent	1081
agreement, when ratified by an affirmative vote of not fewer than	1082
six members of the board, shall constitute the findings and order	1083
of the board with respect to the matter addressed in the	1084
agreement. If the board refuses to ratify a consent agreement, the	1085
admissions and findings contained in the consent agreement shall	1086
be of no force or effect.	1087

A telephone conference call may be utilized for ratification	1088
of a consent agreement that revokes or suspends an individual's	1089
certificate to practice. The telephone conference call shall be	1090
considered a special meeting under division (F) of section 121.22	1091
of the Revised Code.	1092

If the board takes disciplinary action against an individual	1093
under division (B) of this section for a second or subsequent plea	1094
of guilty to, or judicial finding of guilt of, a violation of	1095
section 2919.123 of the Revised Code, the disciplinary action	1096
shall consist of a suspension of the individual's certificate to	1097
practice for a period of at least one year or, if determined	1098
appropriate by the board, a more serious sanction involving the	1099
individual's certificate to practice. Any consent agreement	1100
entered into under this division with an individual that pertains	1101
to a second or subsequent plea of guilty to, or judicial finding	1102
of guilt of, a violation of that section shall provide for a	1103
suspension of the individual's certificate to practice for a	1104
period of at least one year or, if determined appropriate by the	1105
board, a more serious sanction involving the individual's	1106
certificate to practice.	1107

(D) For purposes of divisions (B)(10), (12), and (14) of this	1108
section, the commission of the act may be established by a finding	1109
by the board, pursuant to an adjudication under Chapter 119. of	1110
the Revised Code, that the individual committed the act. The board	1111
does not have jurisdiction under those divisions if the trial	1112
court renders a final judgment in the individual's favor and that	1113
judgment is based upon an adjudication on the merits. The board	1114
has jurisdiction under those divisions if the trial court issues	1115
an order of dismissal upon technical or procedural grounds.	1116

(E) The sealing of conviction records by any court shall have	1117
no effect upon a prior board order entered under this section or	1118
upon the board's jurisdiction to take action under this section	1119
if, based upon a plea of guilty, a judicial finding of guilt, or a	1120
judicial finding of eligibility for intervention in lieu of	1121
conviction, the board issued a notice of opportunity for a hearing	1122
prior to the court's order to seal the records. The board shall	1123
not be required to seal, destroy, redact, or otherwise modify its	1124
records to reflect the court's sealing of conviction records.	1125

(F)(1) The board shall investigate evidence that appears to	1126
show that a person has violated any provision of this chapter or	1127
any rule adopted under it. Any person may report to the board in a	1128
signed writing any information that the person may have that	1129
appears to show a violation of any provision of this chapter or	1130
any rule adopted under it. In the absence of bad faith, any person	1131
who reports information of that nature or who testifies before the	1132
board in any adjudication conducted under Chapter 119. of the	1133
Revised Code shall not be liable in damages in a civil action as a	1134
result of the report or testimony. Each complaint or allegation of	1135
a violation received by the board shall be assigned a case number	1136
and shall be recorded by the board.	1137

(2) Investigations of alleged violations of this chapter or	1138
any rule adopted under it shall be supervised by the supervising	1139
member elected by the board in accordance with section 4731.02 of	1140
the Revised Code and by the secretary as provided in section	1141
4731.39 of the Revised Code. The president may designate another	1142
member of the board to supervise the investigation in place of the	1143
supervising member. No member of the board who supervises the	1144
investigation of a case shall participate in further adjudication	1145
of the case.	1146

(3) In investigating a possible violation of this chapter or	1147
any rule adopted under this chapter, or in conducting an	1148
inspection under division (E) of section 4731.054 of the Revised	1149
Code, the board may question witnesses, conduct interviews,	1150
administer oaths, order the taking of depositions, inspect and	1151
copy any books, accounts, papers, records, or documents, issue	1152
subpoenas, and compel the attendance of witnesses and production	1153
of books, accounts, papers, records, documents, and testimony,	1154
except that a subpoena for patient record information shall not be	1155
issued without consultation with the attorney general's office and	1156
approval of the secretary and supervising member of the board.	1157

(a) Before issuance of a subpoena for patient record	1158
information, the secretary and supervising member shall determine	1159
whether there is probable cause to believe that the complaint	1160
filed alleges a violation of this chapter or any rule adopted	1161
under it and that the records sought are relevant to the alleged	1162
violation and material to the investigation. The subpoena may	1163
apply only to records that cover a reasonable period of time	1164
surrounding the alleged violation.	1165

(b) On failure to comply with any subpoena issued by the	1166
board and after reasonable notice to the person being subpoenaed,	1167
the board may move for an order compelling the production of	1168
persons or records pursuant to the Rules of Civil Procedure.	1169

(c) A subpoena issued by the board may be served by a	1170
sheriff, the sheriff's deputy, or a board employee designated by	1171
the board. Service of a subpoena issued by the board may be made	1172
by delivering a copy of the subpoena to the person named therein,	1173
reading it to the person, or leaving it at the person's usual	1174
place of residence, usual place of business, or address on file	1175
with the board. When serving a subpoena to an applicant for or the	1176
holder of a certificate issued under this chapter, service of the	1177
subpoena may be made by certified mail, return receipt requested,	1178
and the subpoena shall be deemed served on the date delivery is	1179
made or the date the person refuses to accept delivery. If the	1180
person being served refuses to accept the subpoena or is not	1181
located, service may be made to an attorney who notifies the board	1182
that the attorney is representing the person.	1183

(d) A sheriff's deputy who serves a subpoena shall receive	1184
the same fees as a sheriff. Each witness who appears before the	1185
board in obedience to a subpoena shall receive the fees and	1186
mileage provided for under section 119.094 of the Revised Code.	1187

(4) All hearings, investigations, and inspections of the	1188
board shall be considered civil actions for the purposes of	1189
section 2305.252 of the Revised Code.	1190

(5) A report required to be submitted to the board under this	1191
chapter, a complaint, or information received by the board	1192
pursuant to an investigation or pursuant to an inspection under	1193
division (E) of section 4731.054 of the Revised Code is	1194
confidential and not subject to discovery in any civil action.	1195

The board shall conduct all investigations or inspections and	1196
proceedings in a manner that protects the confidentiality of	1197
patients and persons who file complaints with the board. The board	1198
shall not make public the names or any other identifying	1199
information about patients or complainants unless proper consent	1200
is given or, in the case of a patient, a waiver of the patient	1201
privilege exists under division (B) of section 2317.02 of the	1202
Revised Code, except that consent or a waiver of that nature is	1203
not required if the board possesses reliable and substantial	1204
evidence that no bona fide physician-patient relationship exists.	1205

The board may share any information it receives pursuant to	1206
an investigation or inspection, including patient records and	1207
patient record information, with law enforcement agencies, other	1208
licensing boards, and other governmental agencies that are	1209
prosecuting, adjudicating, or investigating alleged violations of	1210
statutes or administrative rules. An agency or board that receives	1211
the information shall comply with the same requirements regarding	1212
confidentiality as those with which the state medical board must	1213
comply, notwithstanding any conflicting provision of the Revised	1214
Code or procedure of the agency or board that applies when it is	1215
dealing with other information in its possession. In a judicial	1216
proceeding, the information may be admitted into evidence only in	1217
accordance with the Rules of Evidence, but the court shall require	1218
that appropriate measures are taken to ensure that confidentiality	1219
is maintained with respect to any part of the information that	1220
contains names or other identifying information about patients or	1221
complainants whose confidentiality was protected by the state	1222
medical board when the information was in the board's possession.	1223
Measures to ensure confidentiality that may be taken by the court	1224
include sealing its records or deleting specific information from	1225
its records.	1226

(6) On a quarterly basis, the board shall prepare a report	1227
that documents the disposition of all cases during the preceding	1228
three months. The report shall contain the following information	1229
for each case with which the board has completed its activities:	1230

(a) The case number assigned to the complaint or alleged	1231
violation;	1232

(b) The type of certificate to practice, if any, held by the	1233
individual against whom the complaint is directed;	1234

(c) A description of the allegations contained in the	1235
complaint;	1236

(d) The disposition of the case.

1237

The report shall state how many cases are still pending and	1238
shall be prepared in a manner that protects the identity of each	1239
person involved in each case. The report shall be a public record	1240
under section 149.43 of the Revised Code.	1241

(G) If the secretary and supervising member determine both of	1242
the following, they may recommend that the board suspend an	1243
individual's certificate to practice without a prior hearing:	1244

(1) That there is clear and convincing evidence that an	1245
individual has violated division (B) of this section;	1246

(2) That the individual's continued practice presents a	1247
danger of immediate and serious harm to the public.	1248

Written allegations shall be prepared for consideration by	1249
the board. The board, upon review of those allegations and by an	1250
affirmative vote of not fewer than six of its members, excluding	1251
the secretary and supervising member, may suspend a certificate	1252
without a prior hearing. A telephone conference call may be	1253
utilized for reviewing the allegations and taking the vote on the	1254
summary suspension.	1255

The board shall issue a written order of suspension by	1256
certified mail or in person in accordance with section 119.07 of	1257
the Revised Code. The order shall not be subject to suspension by	1258
the court during pendency of any appeal filed under section 119.12	1259
of the Revised Code. If the individual subject to the summary	1260
suspension requests an adjudicatory hearing by the board, the date	1261
set for the hearing shall be within fifteen days, but not earlier	1262
than seven days, after the individual requests the hearing, unless	1263
otherwise agreed to by both the board and the individual.	1264

Any summary suspension imposed under this division shall	1265
remain in effect, unless reversed on appeal, until a final	1266
adjudicative order issued by the board pursuant to this section	1267
and Chapter 119. of the Revised Code becomes effective. The board	1268
shall issue its final adjudicative order within seventy-five days	1269
after completion of its hearing. A failure to issue the order	1270
within seventy-five days shall result in dissolution of the	1271
summary suspension order but shall not invalidate any subsequent,	1272
final adjudicative order.	1273

(H) If the board takes action under division (B)(9), (11), or	1274
(13) of this section and the judicial finding of guilt, guilty	1275
plea, or judicial finding of eligibility for intervention in lieu	1276
of conviction is overturned on appeal, upon exhaustion of the	1277
criminal appeal, a petition for reconsideration of the order may	1278
be filed with the board along with appropriate court documents.	1279
Upon receipt of a petition of that nature and supporting court	1280
documents, the board shall reinstate the individual's certificate	1281
to practice. The board may then hold an adjudication under Chapter	1282
119. of the Revised Code to determine whether the individual	1283
committed the act in question. Notice of an opportunity for a	1284
hearing shall be given in accordance with Chapter 119. of the	1285
Revised Code. If the board finds, pursuant to an adjudication held	1286
under this division, that the individual committed the act or if	1287
no hearing is requested, the board may order any of the sanctions	1288
identified under division (B) of this section.	1289

(I) The certificate to practice issued to an individual under	1290
this chapter and the individual's practice in this state are	1291
automatically suspended as of the date of the individual's second	1292
or subsequent plea of guilty to, or judicial finding of guilt of,	1293
a violation of section 2919.123 of the Revised Code, or the date	1294
the individual pleads guilty to, is found by a judge or jury to be	1295
guilty of, or is subject to a judicial finding of eligibility for	1296
intervention in lieu of conviction in this state or treatment or	1297
intervention in lieu of conviction in another jurisdiction for any	1298
of the following criminal offenses in this state or a	1299
substantially equivalent criminal offense in another jurisdiction:	1300
aggravated murder, murder, voluntary manslaughter, felonious	1301
assault, kidnapping, rape, sexual battery, gross sexual	1302
imposition, aggravated arson, aggravated robbery, or aggravated	1303
burglary. Continued practice after suspension shall be considered	1304
practicing without a certificate.	1305

The board shall notify the individual subject to the	1306
suspension by certified mail or in person in accordance with	1307
section 119.07 of the Revised Code. If an individual whose	1308
certificate is automatically suspended under this division fails	1309
to make a timely request for an adjudication under Chapter 119. of	1310
the Revised Code, the board shall do whichever of the following is	1311
applicable:	1312

(1) If the automatic suspension under this division is for a	1313
second or subsequent plea of guilty to, or judicial finding of	1314
guilt of, a violation of section 2919.123 of the Revised Code, the	1315
board shall enter an order suspending the individual's certificate	1316
to practice for a period of at least one year or, if determined	1317
appropriate by the board, imposing a more serious sanction	1318
involving the individual's certificate to practice.	1319

(2) In all circumstances in which division (I)(1) of this	1320
section does not apply, enter a final order permanently revoking	1321
the individual's certificate to practice.	1322

(J) If the board is required by Chapter 119. of the Revised	1323
Code to give notice of an opportunity for a hearing and if the	1324
individual subject to the notice does not timely request a hearing	1325
in accordance with section 119.07 of the Revised Code, the board	1326
is not required to hold a hearing, but may adopt, by an	1327
affirmative vote of not fewer than six of its members, a final	1328
order that contains the board's findings. In that final order, the	1329
board may order any of the sanctions identified under division (A)	1330
or (B) of this section.	1331

(K) Any action taken by the board under division (B) of this	1332
section resulting in a suspension from practice shall be	1333
accompanied by a written statement of the conditions under which	1334
the individual's certificate to practice may be reinstated. The	1335
board shall adopt rules governing conditions to be imposed for	1336
reinstatement. Reinstatement of a certificate suspended pursuant	1337
to division (B) of this section requires an affirmative vote of	1338
not fewer than six members of the board.	1339

(L) When the board refuses to grant a certificate to an	1340
applicant, revokes an individual's certificate to practice,	1341
refuses to register an applicant, or refuses to reinstate an	1342
individual's certificate to practice, the board may specify that	1343
its action is permanent. An individual subject to a permanent	1344
action taken by the board is forever thereafter ineligible to hold	1345
a certificate to practice and the board shall not accept an	1346
application for reinstatement of the certificate or for issuance	1347
of a new certificate.	1348

(M) Notwithstanding any other provision of the Revised Code,	1349
all of the following apply:	1350

(1) The surrender of a certificate issued under this chapter	1351
shall not be effective unless or until accepted by the board. A	1352
telephone conference call may be utilized for acceptance of the	1353
surrender of an individual's certificate to practice. The	1354
telephone conference call shall be considered a special meeting	1355
under division (F) of section 121.22 of the Revised Code.	1356
Reinstatement of a certificate surrendered to the board requires	1357
an affirmative vote of not fewer than six members of the board.	1358

(2) An application for a certificate made under the	1359
provisions of this chapter may not be withdrawn without approval	1360
of the board.	1361

(3) Failure by an individual to renew a certificate of	1362
registration in accordance with this chapter shall not remove or	1363
limit the board's jurisdiction to take any disciplinary action	1364
under this section against the individual.	1365

(4) At the request of the board, a certificate holder shall	1366
immediately surrender to the board a certificate that the board	1367
has suspended, revoked, or permanently revoked.	1368

(N) Sanctions shall not be imposed under division (B)(28) of	1369
this section against any person who waives deductibles and	1370
copayments as follows:	1371

(1) In compliance with the health benefit plan that expressly	1372
allows such a practice. Waiver of the deductibles or copayments	1373
shall be made only with the full knowledge and consent of the plan	1374
purchaser, payer, and third-party administrator. Documentation of	1375
the consent shall be made available to the board upon request.	1376

(2) For professional services rendered to any other person	1377
authorized to practice pursuant to this chapter, to the extent	1378
allowed by this chapter and rules adopted by the board.	1379

(O) Under the board's investigative duties described in this	1380
section and subject to division (F) of this section, the board	1381
shall develop and implement a quality intervention program	1382
designed to improve through remedial education the clinical and	1383
communication skills of individuals authorized under this chapter	1384
to practice medicine and surgery, osteopathic medicine and	1385
surgery, and podiatric medicine and surgery. In developing and	1386
implementing the quality intervention program, the board may do	1387
all of the following:	1388

(1) Offer in appropriate cases as determined by the board an	1389
educational and assessment program pursuant to an investigation	1390
the board conducts under this section;	1391

(2) Select providers of educational and assessment services,	1392
including a quality intervention program panel of case reviewers;	1393

(3) Make referrals to educational and assessment service	1394
providers and approve individual educational programs recommended	1395
by those providers. The board shall monitor the progress of each	1396
individual undertaking a recommended individual educational	1397
program.	1398

(4) Determine what constitutes successful completion of an	1399
individual educational program and require further monitoring of	1400
the individual who completed the program or other action that the	1401
board determines to be appropriate;	1402

(5) Adopt rules in accordance with Chapter 119. of the	1403
Revised Code to further implement the quality intervention	1404
program.	1405

An individual who participates in an individual educational	1406
program pursuant to this division shall pay the financial	1407
obligations arising from that educational program.	1408

Section 2.  That existing sections 2317.56, 2919.171,	1409
2919.19, 2919.191, 2919.192, 2919.193, and 4731.22 of the Revised	1410
Code are hereby repealed.	1411

Section 3.  That the version of section 4731.22 of the	1412
Revised Code that is scheduled to take effect April 1, 2015, be	1413
amended to read as follows:	1414

Sec. 4731.22.  (A) The state medical board, by an affirmative	1415
vote of not fewer than six of its members, may limit, revoke, or	1416
suspend an individual's certificate to practice, refuse to grant a	1417
certificate to an individual, refuse to register an individual,	1418
refuse to reinstate a certificate, or reprimand or place on	1419
probation the holder of a certificate if the individual or	1420
certificate holder is found by the board to have committed fraud	1421
during the administration of the examination for a certificate to	1422
practice or to have committed fraud, misrepresentation, or	1423
deception in applying for or securing any certificate to practice	1424
or certificate of registration issued by the board.	1425

(B) The board, by an affirmative vote of not fewer than six	1426
members, shall, to the extent permitted by law, limit, revoke, or	1427
suspend an individual's certificate to practice, refuse to	1428
register an individual, refuse to reinstate a certificate, or	1429
reprimand or place on probation the holder of a certificate for	1430
one or more of the following reasons:	1431

(1) Permitting one's name or one's certificate to practice or	1432
certificate of registration to be used by a person, group, or	1433
corporation when the individual concerned is not actually	1434
directing the treatment given;	1435

(2) Failure to maintain minimal standards applicable to the	1436
selection or administration of drugs, or failure to employ	1437
acceptable scientific methods in the selection of drugs or other	1438
modalities for treatment of disease;	1439

(3) Selling, giving away, personally furnishing, prescribing,	1440
or administering drugs for other than legal and legitimate	1441
therapeutic purposes or a plea of guilty to, a judicial finding of	1442
guilt of, or a judicial finding of eligibility for intervention in	1443
lieu of conviction of, a violation of any federal or state law	1444
regulating the possession, distribution, or use of any drug;	1445

(4) Willfully betraying a professional confidence.

1446

For purposes of this division, "willfully betraying a	1447
professional confidence" does not include providing any	1448
information, documents, or reports to a child fatality review	1449
board under sections 307.621 to 307.629 of the Revised Code and	1450
does not include the making of a report of an employee's use of a	1451
drug of abuse, or a report of a condition of an employee other	1452
than one involving the use of a drug of abuse, to the employer of	1453
the employee as described in division (B) of section 2305.33 of	1454
the Revised Code. Nothing in this division affects the immunity	1455
from civil liability conferred by that section upon a physician	1456
who makes either type of report in accordance with division (B) of	1457
that section. As used in this division, "employee," "employer,"	1458
and "physician" have the same meanings as in section 2305.33 of	1459
the Revised Code.	1460

(5) Making a false, fraudulent, deceptive, or misleading	1461
statement in the solicitation of or advertising for patients; in	1462
relation to the practice of medicine and surgery, osteopathic	1463
medicine and surgery, podiatric medicine and surgery, or a limited	1464
branch of medicine; or in securing or attempting to secure any	1465
certificate to practice or certificate of registration issued by	1466
the board.	1467

As used in this division, "false, fraudulent, deceptive, or	1468
misleading statement" means a statement that includes a	1469
misrepresentation of fact, is likely to mislead or deceive because	1470
of a failure to disclose material facts, is intended or is likely	1471
to create false or unjustified expectations of favorable results,	1472
or includes representations or implications that in reasonable	1473
probability will cause an ordinarily prudent person to	1474
misunderstand or be deceived.	1475

(6) A departure from, or the failure to conform to, minimal	1476
standards of care of similar practitioners under the same or	1477
similar circumstances, whether or not actual injury to a patient	1478
is established;	1479

(7) Representing, with the purpose of obtaining compensation	1480
or other advantage as personal gain or for any other person, that	1481
an incurable disease or injury, or other incurable condition, can	1482
be permanently cured;	1483

(8) The obtaining of, or attempting to obtain, money or	1484
anything of value by fraudulent misrepresentations in the course	1485
of practice;	1486

(9) A plea of guilty to, a judicial finding of guilt of, or a	1487
judicial finding of eligibility for intervention in lieu of	1488
conviction for, a felony;	1489

(10) Commission of an act that constitutes a felony in this	1490
state, regardless of the jurisdiction in which the act was	1491
committed;	1492

(11) A plea of guilty to, a judicial finding of guilt of, or	1493
a judicial finding of eligibility for intervention in lieu of	1494
conviction for, a misdemeanor committed in the course of practice;	1495

(12) Commission of an act in the course of practice that	1496
constitutes a misdemeanor in this state, regardless of the	1497
jurisdiction in which the act was committed;	1498

(13) A plea of guilty to, a judicial finding of guilt of, or	1499
a judicial finding of eligibility for intervention in lieu of	1500
conviction for, a misdemeanor involving moral turpitude;	1501

(14) Commission of an act involving moral turpitude that	1502
constitutes a misdemeanor in this state, regardless of the	1503
jurisdiction in which the act was committed;	1504

(15) Violation of the conditions of limitation placed by the	1505
board upon a certificate to practice;	1506

(16) Failure to pay license renewal fees specified in this	1507
chapter;	1508

(17) Except as authorized in section 4731.31 of the Revised	1509
Code, engaging in the division of fees for referral of patients,	1510
or the receiving of a thing of value in return for a specific	1511
referral of a patient to utilize a particular service or business;	1512

(18) Subject to section 4731.226 of the Revised Code,	1513
violation of any provision of a code of ethics of the American	1514
medical association, the American osteopathic association, the	1515
American podiatric medical association, or any other national	1516
professional organizations that the board specifies by rule. The	1517
state medical board shall obtain and keep on file current copies	1518
of the codes of ethics of the various national professional	1519
organizations. The individual whose certificate is being suspended	1520
or revoked shall not be found to have violated any provision of a	1521
code of ethics of an organization not appropriate to the	1522
individual's profession.	1523

For purposes of this division, a "provision of a code of	1524
ethics of a national professional organization" does not include	1525
any provision that would preclude the making of a report by a	1526
physician of an employee's use of a drug of abuse, or of a	1527
condition of an employee other than one involving the use of a	1528
drug of abuse, to the employer of the employee as described in	1529
division (B) of section 2305.33 of the Revised Code. Nothing in	1530
this division affects the immunity from civil liability conferred	1531
by that section upon a physician who makes either type of report	1532
in accordance with division (B) of that section. As used in this	1533
division, "employee," "employer," and "physician" have the same	1534
meanings as in section 2305.33 of the Revised Code.	1535

(19) Inability to practice according to acceptable and	1536
prevailing standards of care by reason of mental illness or	1537
physical illness, including, but not limited to, physical	1538
deterioration that adversely affects cognitive, motor, or	1539
perceptive skills.	1540

In enforcing this division, the board, upon a showing of a	1541
possible violation, may compel any individual authorized to	1542
practice by this chapter or who has submitted an application	1543
pursuant to this chapter to submit to a mental examination,	1544
physical examination, including an HIV test, or both a mental and	1545
a physical examination. The expense of the examination is the	1546
responsibility of the individual compelled to be examined. Failure	1547
to submit to a mental or physical examination or consent to an HIV	1548
test ordered by the board constitutes an admission of the	1549
allegations against the individual unless the failure is due to	1550
circumstances beyond the individual's control, and a default and	1551
final order may be entered without the taking of testimony or	1552
presentation of evidence. If the board finds an individual unable	1553
to practice because of the reasons set forth in this division, the	1554
board shall require the individual to submit to care, counseling,	1555
or treatment by physicians approved or designated by the board, as	1556
a condition for initial, continued, reinstated, or renewed	1557
authority to practice. An individual affected under this division	1558
shall be afforded an opportunity to demonstrate to the board the	1559
ability to resume practice in compliance with acceptable and	1560
prevailing standards under the provisions of the individual's	1561
certificate. For the purpose of this division, any individual who	1562
applies for or receives a certificate to practice under this	1563
chapter accepts the privilege of practicing in this state and, by	1564
so doing, shall be deemed to have given consent to submit to a	1565
mental or physical examination when directed to do so in writing	1566
by the board, and to have waived all objections to the	1567
admissibility of testimony or examination reports that constitute	1568
a privileged communication.	1569

(20) Except when civil penalties are imposed under section	1570
4731.225 or 4731.281 of the Revised Code, and subject to section	1571
4731.226 of the Revised Code, violating or attempting to violate,	1572
directly or indirectly, or assisting in or abetting the violation	1573
of, or conspiring to violate, any provisions of this chapter or	1574
any rule promulgated by the board.	1575

This division does not apply to a violation or attempted	1576
violation of, assisting in or abetting the violation of, or a	1577
conspiracy to violate, any provision of this chapter or any rule	1578
adopted by the board that would preclude the making of a report by	1579
a physician of an employee's use of a drug of abuse, or of a	1580
condition of an employee other than one involving the use of a	1581
drug of abuse, to the employer of the employee as described in	1582
division (B) of section 2305.33 of the Revised Code. Nothing in	1583
this division affects the immunity from civil liability conferred	1584
by that section upon a physician who makes either type of report	1585
in accordance with division (B) of that section. As used in this	1586
division, "employee," "employer," and "physician" have the same	1587
meanings as in section 2305.33 of the Revised Code.	1588

(21) The violation of section 3701.79 of the Revised Code or	1589
of any abortion rule adopted by the public health council pursuant	1590
to section 3701.341 of the Revised Code;	1591

(22) Any of the following actions taken by an agency	1592
responsible for authorizing, certifying, or regulating an	1593
individual to practice a health care occupation or provide health	1594
care services in this state or another jurisdiction, for any	1595
reason other than the nonpayment of fees: the limitation,	1596
revocation, or suspension of an individual's license to practice;	1597
acceptance of an individual's license surrender; denial of a	1598
license; refusal to renew or reinstate a license; imposition of	1599
probation; or issuance of an order of censure or other reprimand;	1600

(23) The violation of section 2919.12 of the Revised Code or	1601
the performance or inducement of an abortion upon a pregnant woman	1602
with actual knowledge that the conditions specified in division	1603
(B) of section 2317.56 of the Revised Code have not been satisfied	1604
or with a heedless indifference as to whether those conditions	1605
have been satisfied, unless an affirmative defense as specified in	1606
division (H)(2) of that section would apply in a civil action	1607
authorized by division (H)(1) of that section;	1608

(24) The revocation, suspension, restriction, reduction, or	1609
termination of clinical privileges by the United States department	1610
of defense or department of veterans affairs or the termination or	1611
suspension of a certificate of registration to prescribe drugs by	1612
the drug enforcement administration of the United States	1613
department of justice;	1614

(25) Termination or suspension from participation in the	1615
medicare or medicaid programs by the department of health and	1616
human services or other responsible agency for any act or acts	1617
that also would constitute a violation of division (B)(2), (3),	1618
(6), (8), or (19) of this section;	1619

(26) Impairment of ability to practice according to	1620
acceptable and prevailing standards of care because of habitual or	1621
excessive use or abuse of drugs, alcohol, or other substances that	1622
impair ability to practice.	1623

For the purposes of this division, any individual authorized	1624
to practice by this chapter accepts the privilege of practicing in	1625
this state subject to supervision by the board. By filing an	1626
application for or holding a certificate to practice under this	1627
chapter, an individual shall be deemed to have given consent to	1628
submit to a mental or physical examination when ordered to do so	1629
by the board in writing, and to have waived all objections to the	1630
admissibility of testimony or examination reports that constitute	1631
privileged communications.	1632

If it has reason to believe that any individual authorized to	1633
practice by this chapter or any applicant for certification to	1634
practice suffers such impairment, the board may compel the	1635
individual to submit to a mental or physical examination, or both.	1636
The expense of the examination is the responsibility of the	1637
individual compelled to be examined. Any mental or physical	1638
examination required under this division shall be undertaken by a	1639
treatment provider or physician who is qualified to conduct the	1640
examination and who is chosen by the board.	1641

Failure to submit to a mental or physical examination ordered	1642
by the board constitutes an admission of the allegations against	1643
the individual unless the failure is due to circumstances beyond	1644
the individual's control, and a default and final order may be	1645
entered without the taking of testimony or presentation of	1646
evidence. If the board determines that the individual's ability to	1647
practice is impaired, the board shall suspend the individual's	1648
certificate or deny the individual's application and shall require	1649
the individual, as a condition for initial, continued, reinstated,	1650
or renewed certification to practice, to submit to treatment.	1651

Before being eligible to apply for reinstatement of a	1652
certificate suspended under this division, the impaired	1653
practitioner shall demonstrate to the board the ability to resume	1654
practice in compliance with acceptable and prevailing standards of	1655
care under the provisions of the practitioner's certificate. The	1656
demonstration shall include, but shall not be limited to, the	1657
following:	1658

(a) Certification from a treatment provider approved under	1659
section 4731.25 of the Revised Code that the individual has	1660
successfully completed any required inpatient treatment;	1661

(b) Evidence of continuing full compliance with an aftercare	1662
contract or consent agreement;	1663

(c) Two written reports indicating that the individual's	1664
ability to practice has been assessed and that the individual has	1665
been found capable of practicing according to acceptable and	1666
prevailing standards of care. The reports shall be made by	1667
individuals or providers approved by the board for making the	1668
assessments and shall describe the basis for their determination.	1669

The board may reinstate a certificate suspended under this	1670
division after that demonstration and after the individual has	1671
entered into a written consent agreement.	1672

When the impaired practitioner resumes practice, the board	1673
shall require continued monitoring of the individual. The	1674
monitoring shall include, but not be limited to, compliance with	1675
the written consent agreement entered into before reinstatement or	1676
with conditions imposed by board order after a hearing, and, upon	1677
termination of the consent agreement, submission to the board for	1678
at least two years of annual written progress reports made under	1679
penalty of perjury stating whether the individual has maintained	1680
sobriety.	1681

(27) A second or subsequent violation of section 4731.66 or	1682
4731.69 of the Revised Code;	1683

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

1684

(a) Waiving the payment of all or any part of a deductible or	1685
copayment that a patient, pursuant to a health insurance or health	1686
care policy, contract, or plan that covers the individual's	1687
services, otherwise would be required to pay if the waiver is used	1688
as an enticement to a patient or group of patients to receive	1689
health care services from that individual;	1690

(b) Advertising that the individual will waive the payment of	1691
all or any part of a deductible or copayment that a patient,	1692
pursuant to a health insurance or health care policy, contract, or	1693
plan that covers the individual's services, otherwise would be	1694
required to pay.	1695

(29) Failure to use universal blood and body fluid	1696
precautions established by rules adopted under section 4731.051 of	1697
the Revised Code;	1698

(30) Failure to provide notice to, and receive acknowledgment	1699
of the notice from, a patient when required by section 4731.143 of	1700
the Revised Code prior to providing nonemergency professional	1701
services, or failure to maintain that notice in the patient's	1702
file;	1703

(31) Failure of a physician supervising a physician assistant	1704
to maintain supervision in accordance with the requirements of	1705
Chapter 4730. of the Revised Code and the rules adopted under that	1706
chapter;	1707

(32) Failure of a physician or podiatrist to enter into a	1708
standard care arrangement with a clinical nurse specialist,	1709
certified nurse-midwife, or certified nurse practitioner with whom	1710
the physician or podiatrist is in collaboration pursuant to	1711
section 4731.27 of the Revised Code or failure to fulfill the	1712
responsibilities of collaboration after entering into a standard	1713
care arrangement;	1714

(33) Failure to comply with the terms of a consult agreement	1715
entered into with a pharmacist pursuant to section 4729.39 of the	1716
Revised Code;	1717

(34) Failure to cooperate in an investigation conducted by	1718
the board under division (F) of this section, including failure to	1719
comply with a subpoena or order issued by the board or failure to	1720
answer truthfully a question presented by the board in an	1721
investigative interview, an investigative office conference, at a	1722
deposition, or in written interrogatories, except that failure to	1723
cooperate with an investigation shall not constitute grounds for	1724
discipline under this section if a court of competent jurisdiction	1725
has issued an order that either quashes a subpoena or permits the	1726
individual to withhold the testimony or evidence in issue;	1727

(35) Failure to supervise an oriental medicine practitioner	1728
or acupuncturist in accordance with Chapter 4762. of the Revised	1729
Code and the board's rules for providing that supervision;	1730

(36) Failure to supervise an anesthesiologist assistant in	1731
accordance with Chapter 4760. of the Revised Code and the board's	1732
rules for supervision of an anesthesiologist assistant;	1733

(37) Assisting suicide as defined in section 3795.01 of the	1734
Revised Code;	1735

(38) Failure to comply with the requirements of section	1736
2317.561 of the Revised Code;	1737

(39) Failure to supervise a radiologist assistant in	1738
accordance with Chapter 4774. of the Revised Code and the board's	1739
rules for supervision of radiologist assistants;	1740

(40) Performing or inducing an abortion at an office or	1741
facility with knowledge that the office or facility fails to post	1742
the notice required under section 3701.791 of the Revised Code;	1743

(41) Failure to comply with the standards and procedures	1744
established in rules under section 4731.054 of the Revised Code	1745
for the operation of or the provision of care at a pain management	1746
clinic;	1747

(42) Failure to comply with the standards and procedures	1748
established in rules under section 4731.054 of the Revised Code	1749
for providing supervision, direction, and control of individuals	1750
at a pain management clinic;	1751

(43) Failure to comply with the requirements of section	1752
4729.79 or 4731.055 of the Revised Code, unless the state board of	1753
pharmacy no longer maintains a drug database pursuant to section	1754
4729.75 of the Revised Code;	1755

(44) Failure to comply with the requirements of section	1756
2919.171 of the Revised Code or failure to submit to the	1757
department of health in accordance with a court order a complete	1758
report as described in section 2919.171 of the Revised Code;	1759

(45) Practicing at a facility that is subject to licensure as	1760
a category III terminal distributor of dangerous drugs with a pain	1761
management clinic classification unless the person operating the	1762
facility has obtained and maintains the license with the	1763
classification;	1764

(46) Owning a facility that is subject to licensure as a	1765
category III terminal distributor of dangerous drugs with a pain	1766
management clinic classification unless the facility is licensed	1767
with the classification;	1768

(47) Failure to comply with any of the requirement	1769
requirements regarding making or maintaining notesmedical records	1770
or documents described in division (B) of section 2919.191(A) of	1771
section 2919.192, division (C) of section 2919.193, division (B)	1772
of section 2919.195, or division (A) of section 2919.196 of the	1773
Revised Code or failure to satisfy the requirements of section	1774
2919.191 of the Revised Code prior to performing or inducing an	1775
abortion upon a pregnant woman;	1776

(48) Failure to comply with the requirements in section	1777
3719.061 of the Revised Code before issuing to a minor a	1778
prescription for a controlled substance containing an opioid.	1779

(C) Disciplinary actions taken by the board under divisions	1780
(A) and (B) of this section shall be taken pursuant to an	1781
adjudication under Chapter 119. of the Revised Code, except that	1782
in lieu of an adjudication, the board may enter into a consent	1783
agreement with an individual to resolve an allegation of a	1784
violation of this chapter or any rule adopted under it. A consent	1785
agreement, when ratified by an affirmative vote of not fewer than	1786
six members of the board, shall constitute the findings and order	1787
of the board with respect to the matter addressed in the	1788
agreement. If the board refuses to ratify a consent agreement, the	1789
admissions and findings contained in the consent agreement shall	1790
be of no force or effect.	1791

A telephone conference call may be utilized for ratification	1792
of a consent agreement that revokes or suspends an individual's	1793
certificate to practice. The telephone conference call shall be	1794
considered a special meeting under division (F) of section 121.22	1795
of the Revised Code.	1796

If the board takes disciplinary action against an individual	1797
under division (B) of this section for a second or subsequent plea	1798
of guilty to, or judicial finding of guilt of, a violation of	1799
section 2919.123 of the Revised Code, the disciplinary action	1800
shall consist of a suspension of the individual's certificate to	1801
practice for a period of at least one year or, if determined	1802
appropriate by the board, a more serious sanction involving the	1803
individual's certificate to practice. Any consent agreement	1804
entered into under this division with an individual that pertains	1805
to a second or subsequent plea of guilty to, or judicial finding	1806
of guilt of, a violation of that section shall provide for a	1807
suspension of the individual's certificate to practice for a	1808
period of at least one year or, if determined appropriate by the	1809
board, a more serious sanction involving the individual's	1810
certificate to practice.	1811

(D) For purposes of divisions (B)(10), (12), and (14) of this	1812
section, the commission of the act may be established by a finding	1813
by the board, pursuant to an adjudication under Chapter 119. of	1814
the Revised Code, that the individual committed the act. The board	1815
does not have jurisdiction under those divisions if the trial	1816
court renders a final judgment in the individual's favor and that	1817
judgment is based upon an adjudication on the merits. The board	1818
has jurisdiction under those divisions if the trial court issues	1819
an order of dismissal upon technical or procedural grounds.	1820

(E) The sealing of conviction records by any court shall have	1821
no effect upon a prior board order entered under this section or	1822
upon the board's jurisdiction to take action under this section	1823
if, based upon a plea of guilty, a judicial finding of guilt, or a	1824
judicial finding of eligibility for intervention in lieu of	1825
conviction, the board issued a notice of opportunity for a hearing	1826
prior to the court's order to seal the records. The board shall	1827
not be required to seal, destroy, redact, or otherwise modify its	1828
records to reflect the court's sealing of conviction records.	1829

(F)(1) The board shall investigate evidence that appears to	1830
show that a person has violated any provision of this chapter or	1831
any rule adopted under it. Any person may report to the board in a	1832
signed writing any information that the person may have that	1833
appears to show a violation of any provision of this chapter or	1834
any rule adopted under it. In the absence of bad faith, any person	1835
who reports information of that nature or who testifies before the	1836
board in any adjudication conducted under Chapter 119. of the	1837
Revised Code shall not be liable in damages in a civil action as a	1838
result of the report or testimony. Each complaint or allegation of	1839
a violation received by the board shall be assigned a case number	1840
and shall be recorded by the board.	1841

(2) Investigations of alleged violations of this chapter or	1842
any rule adopted under it shall be supervised by the supervising	1843
member elected by the board in accordance with section 4731.02 of	1844
the Revised Code and by the secretary as provided in section	1845
4731.39 of the Revised Code. The president may designate another	1846
member of the board to supervise the investigation in place of the	1847
supervising member. No member of the board who supervises the	1848
investigation of a case shall participate in further adjudication	1849
of the case.	1850

(3) In investigating a possible violation of this chapter or	1851
any rule adopted under this chapter, or in conducting an	1852
inspection under division (E) of section 4731.054 of the Revised	1853
Code, the board may question witnesses, conduct interviews,	1854
administer oaths, order the taking of depositions, inspect and	1855
copy any books, accounts, papers, records, or documents, issue	1856
subpoenas, and compel the attendance of witnesses and production	1857
of books, accounts, papers, records, documents, and testimony,	1858
except that a subpoena for patient record information shall not be	1859
issued without consultation with the attorney general's office and	1860
approval of the secretary and supervising member of the board.	1861

(a) Before issuance of a subpoena for patient record	1862
information, the secretary and supervising member shall determine	1863
whether there is probable cause to believe that the complaint	1864
filed alleges a violation of this chapter or any rule adopted	1865
under it and that the records sought are relevant to the alleged	1866
violation and material to the investigation. The subpoena may	1867
apply only to records that cover a reasonable period of time	1868
surrounding the alleged violation.	1869

(b) On failure to comply with any subpoena issued by the	1870
board and after reasonable notice to the person being subpoenaed,	1871
the board may move for an order compelling the production of	1872
persons or records pursuant to the Rules of Civil Procedure.	1873

(c) A subpoena issued by the board may be served by a	1874
sheriff, the sheriff's deputy, or a board employee designated by	1875
the board. Service of a subpoena issued by the board may be made	1876
by delivering a copy of the subpoena to the person named therein,	1877
reading it to the person, or leaving it at the person's usual	1878
place of residence, usual place of business, or address on file	1879
with the board. When serving a subpoena to an applicant for or the	1880
holder of a certificate issued under this chapter, service of the	1881
subpoena may be made by certified mail, return receipt requested,	1882
and the subpoena shall be deemed served on the date delivery is	1883
made or the date the person refuses to accept delivery. If the	1884
person being served refuses to accept the subpoena or is not	1885
located, service may be made to an attorney who notifies the board	1886
that the attorney is representing the person.	1887

(d) A sheriff's deputy who serves a subpoena shall receive	1888
the same fees as a sheriff. Each witness who appears before the	1889
board in obedience to a subpoena shall receive the fees and	1890
mileage provided for under section 119.094 of the Revised Code.	1891

(4) All hearings, investigations, and inspections of the	1892
board shall be considered civil actions for the purposes of	1893
section 2305.252 of the Revised Code.	1894

(5) A report required to be submitted to the board under this	1895
chapter, a complaint, or information received by the board	1896
pursuant to an investigation or pursuant to an inspection under	1897
division (E) of section 4731.054 of the Revised Code is	1898
confidential and not subject to discovery in any civil action.	1899

The board shall conduct all investigations or inspections and	1900
proceedings in a manner that protects the confidentiality of	1901
patients and persons who file complaints with the board. The board	1902
shall not make public the names or any other identifying	1903
information about patients or complainants unless proper consent	1904
is given or, in the case of a patient, a waiver of the patient	1905
privilege exists under division (B) of section 2317.02 of the	1906
Revised Code, except that consent or a waiver of that nature is	1907
not required if the board possesses reliable and substantial	1908
evidence that no bona fide physician-patient relationship exists.	1909

The board may share any information it receives pursuant to	1910
an investigation or inspection, including patient records and	1911
patient record information, with law enforcement agencies, other	1912
licensing boards, and other governmental agencies that are	1913
prosecuting, adjudicating, or investigating alleged violations of	1914
statutes or administrative rules. An agency or board that receives	1915
the information shall comply with the same requirements regarding	1916
confidentiality as those with which the state medical board must	1917
comply, notwithstanding any conflicting provision of the Revised	1918
Code or procedure of the agency or board that applies when it is	1919
dealing with other information in its possession. In a judicial	1920
proceeding, the information may be admitted into evidence only in	1921
accordance with the Rules of Evidence, but the court shall require	1922
that appropriate measures are taken to ensure that confidentiality	1923
is maintained with respect to any part of the information that	1924
contains names or other identifying information about patients or	1925
complainants whose confidentiality was protected by the state	1926
medical board when the information was in the board's possession.	1927
Measures to ensure confidentiality that may be taken by the court	1928
include sealing its records or deleting specific information from	1929
its records.	1930

(6) On a quarterly basis, the board shall prepare a report	1931
that documents the disposition of all cases during the preceding	1932
three months. The report shall contain the following information	1933
for each case with which the board has completed its activities:	1934

(a) The case number assigned to the complaint or alleged	1935
violation;	1936

(b) The type of certificate to practice, if any, held by the	1937
individual against whom the complaint is directed;	1938

(c) A description of the allegations contained in the	1939
complaint;	1940

(d) The disposition of the case.

1941

The report shall state how many cases are still pending and	1942
shall be prepared in a manner that protects the identity of each	1943
person involved in each case. The report shall be a public record	1944
under section 149.43 of the Revised Code.	1945

(G) If the secretary and supervising member determine both of	1946
the following, they may recommend that the board suspend an	1947
individual's certificate to practice without a prior hearing:	1948

(1) That there is clear and convincing evidence that an	1949
individual has violated division (B) of this section;	1950

(2) That the individual's continued practice presents a	1951
danger of immediate and serious harm to the public.	1952

Written allegations shall be prepared for consideration by	1953
the board. The board, upon review of those allegations and by an	1954
affirmative vote of not fewer than six of its members, excluding	1955
the secretary and supervising member, may suspend a certificate	1956
without a prior hearing. A telephone conference call may be	1957
utilized for reviewing the allegations and taking the vote on the	1958
summary suspension.	1959

The board shall issue a written order of suspension by	1960
certified mail or in person in accordance with section 119.07 of	1961
the Revised Code. The order shall not be subject to suspension by	1962
the court during pendency of any appeal filed under section 119.12	1963
of the Revised Code. If the individual subject to the summary	1964
suspension requests an adjudicatory hearing by the board, the date	1965
set for the hearing shall be within fifteen days, but not earlier	1966
than seven days, after the individual requests the hearing, unless	1967
otherwise agreed to by both the board and the individual.	1968

Any summary suspension imposed under this division shall	1969
remain in effect, unless reversed on appeal, until a final	1970
adjudicative order issued by the board pursuant to this section	1971
and Chapter 119. of the Revised Code becomes effective. The board	1972
shall issue its final adjudicative order within seventy-five days	1973
after completion of its hearing. A failure to issue the order	1974
within seventy-five days shall result in dissolution of the	1975
summary suspension order but shall not invalidate any subsequent,	1976
final adjudicative order.	1977

(H) If the board takes action under division (B)(9), (11), or	1978
(13) of this section and the judicial finding of guilt, guilty	1979
plea, or judicial finding of eligibility for intervention in lieu	1980
of conviction is overturned on appeal, upon exhaustion of the	1981
criminal appeal, a petition for reconsideration of the order may	1982
be filed with the board along with appropriate court documents.	1983
Upon receipt of a petition of that nature and supporting court	1984
documents, the board shall reinstate the individual's certificate	1985
to practice. The board may then hold an adjudication under Chapter	1986
119. of the Revised Code to determine whether the individual	1987
committed the act in question. Notice of an opportunity for a	1988
hearing shall be given in accordance with Chapter 119. of the	1989
Revised Code. If the board finds, pursuant to an adjudication held	1990
under this division, that the individual committed the act or if	1991
no hearing is requested, the board may order any of the sanctions	1992
identified under division (B) of this section.	1993

(I) The certificate to practice issued to an individual under	1994
this chapter and the individual's practice in this state are	1995
automatically suspended as of the date of the individual's second	1996
or subsequent plea of guilty to, or judicial finding of guilt of,	1997
a violation of section 2919.123 of the Revised Code, or the date	1998
the individual pleads guilty to, is found by a judge or jury to be	1999
guilty of, or is subject to a judicial finding of eligibility for	2000
intervention in lieu of conviction in this state or treatment or	2001
intervention in lieu of conviction in another jurisdiction for any	2002
of the following criminal offenses in this state or a	2003
substantially equivalent criminal offense in another jurisdiction:	2004
aggravated murder, murder, voluntary manslaughter, felonious	2005
assault, kidnapping, rape, sexual battery, gross sexual	2006
imposition, aggravated arson, aggravated robbery, or aggravated	2007
burglary. Continued practice after suspension shall be considered	2008
practicing without a certificate.	2009

The board shall notify the individual subject to the	2010
suspension by certified mail or in person in accordance with	2011
section 119.07 of the Revised Code. If an individual whose	2012
certificate is automatically suspended under this division fails	2013
to make a timely request for an adjudication under Chapter 119. of	2014
the Revised Code, the board shall do whichever of the following is	2015
applicable:	2016

(1) If the automatic suspension under this division is for a	2017
second or subsequent plea of guilty to, or judicial finding of	2018
guilt of, a violation of section 2919.123 of the Revised Code, the	2019
board shall enter an order suspending the individual's certificate	2020
to practice for a period of at least one year or, if determined	2021
appropriate by the board, imposing a more serious sanction	2022
involving the individual's certificate to practice.	2023

(2) In all circumstances in which division (I)(1) of this	2024
section does not apply, enter a final order permanently revoking	2025
the individual's certificate to practice.	2026

(J) If the board is required by Chapter 119. of the Revised	2027
Code to give notice of an opportunity for a hearing and if the	2028
individual subject to the notice does not timely request a hearing	2029
in accordance with section 119.07 of the Revised Code, the board	2030
is not required to hold a hearing, but may adopt, by an	2031
affirmative vote of not fewer than six of its members, a final	2032
order that contains the board's findings. In that final order, the	2033
board may order any of the sanctions identified under division (A)	2034
or (B) of this section.	2035

(K) Any action taken by the board under division (B) of this	2036
section resulting in a suspension from practice shall be	2037
accompanied by a written statement of the conditions under which	2038
the individual's certificate to practice may be reinstated. The	2039
board shall adopt rules governing conditions to be imposed for	2040
reinstatement. Reinstatement of a certificate suspended pursuant	2041
to division (B) of this section requires an affirmative vote of	2042
not fewer than six members of the board.	2043

(L) When the board refuses to grant a certificate to an	2044
applicant, revokes an individual's certificate to practice,	2045
refuses to register an applicant, or refuses to reinstate an	2046
individual's certificate to practice, the board may specify that	2047
its action is permanent. An individual subject to a permanent	2048
action taken by the board is forever thereafter ineligible to hold	2049
a certificate to practice and the board shall not accept an	2050
application for reinstatement of the certificate or for issuance	2051
of a new certificate.	2052

(M) Notwithstanding any other provision of the Revised Code,	2053
all of the following apply:	2054

(1) The surrender of a certificate issued under this chapter	2055
shall not be effective unless or until accepted by the board. A	2056
telephone conference call may be utilized for acceptance of the	2057
surrender of an individual's certificate to practice. The	2058
telephone conference call shall be considered a special meeting	2059
under division (F) of section 121.22 of the Revised Code.	2060
Reinstatement of a certificate surrendered to the board requires	2061
an affirmative vote of not fewer than six members of the board.	2062

(2) An application for a certificate made under the	2063
provisions of this chapter may not be withdrawn without approval	2064
of the board.	2065

(3) Failure by an individual to renew a certificate of	2066
registration in accordance with this chapter shall not remove or	2067
limit the board's jurisdiction to take any disciplinary action	2068
under this section against the individual.	2069

(4) At the request of the board, a certificate holder shall	2070
immediately surrender to the board a certificate that the board	2071
has suspended, revoked, or permanently revoked.	2072

(N) Sanctions shall not be imposed under division (B)(28) of	2073
this section against any person who waives deductibles and	2074
copayments as follows:	2075

(1) In compliance with the health benefit plan that expressly	2076
allows such a practice. Waiver of the deductibles or copayments	2077
shall be made only with the full knowledge and consent of the plan	2078
purchaser, payer, and third-party administrator. Documentation of	2079
the consent shall be made available to the board upon request.	2080

(2) For professional services rendered to any other person	2081
authorized to practice pursuant to this chapter, to the extent	2082
allowed by this chapter and rules adopted by the board.	2083

(O) Under the board's investigative duties described in this	2084
section and subject to division (F) of this section, the board	2085
shall develop and implement a quality intervention program	2086
designed to improve through remedial education the clinical and	2087
communication skills of individuals authorized under this chapter	2088
to practice medicine and surgery, osteopathic medicine and	2089
surgery, and podiatric medicine and surgery. In developing and	2090
implementing the quality intervention program, the board may do	2091
all of the following:	2092

(1) Offer in appropriate cases as determined by the board an	2093
educational and assessment program pursuant to an investigation	2094
the board conducts under this section;	2095

(2) Select providers of educational and assessment services,	2096
including a quality intervention program panel of case reviewers;	2097

(3) Make referrals to educational and assessment service	2098
providers and approve individual educational programs recommended	2099
by those providers. The board shall monitor the progress of each	2100
individual undertaking a recommended individual educational	2101
program.	2102

(4) Determine what constitutes successful completion of an	2103
individual educational program and require further monitoring of	2104
the individual who completed the program or other action that the	2105
board determines to be appropriate;	2106

(5) Adopt rules in accordance with Chapter 119. of the	2107
Revised Code to further implement the quality intervention	2108
program.	2109

An individual who participates in an individual educational	2110
program pursuant to this division shall pay the financial	2111
obligations arising from that educational program.	2112

Section 4. That the existing version of section 4731.22 of	2113
the Revised Code that is scheduled to take effect April 1, 2015,	2114
is hereby repealed.	2115

Section 5. Sections 3 and 4 of this act shall take effect	2116
April 1, 2015.	2117

Section 6.  This version of section 4731.22 of the Revised	2118
Code that is scheduled to take effect April 1, 2015, is presented	2119
in this act as a composite of the section as amended by Sub. H.B.	2120
314, Am. Sub. H.B. 341, and Am. Sub. H.B. 483, all of the 130th	2121
General Assembly. The General Assembly, applying the principle	2122
stated in division (B) of section 1.52 of the Revised Code that	2123
amendments are to be harmonized if reasonably capable of	2124
simultaneous operation, finds that the composite is the resulting	2125
version of the section in effect prior to the effective date of	2126
the section as presented in this act.	2127