Bill Text: OH SB297 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To generally prohibit an abortion of an unborn human individual with a detectable heartbeat and to create the Joint Legislative Committee on Adoption Promotion and Support.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-03-13 - Introduced to House [SB297 Detail]

Download: Ohio-2013-SB297-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 297

Senator Jordan 

Cosponsor: Senator Schaffer 

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A BILL

To amend sections 2919.171, 2919.19, 2919.191,

1

2919.192, 2919.193, and 4731.22; to amend, for the

2

purpose of adopting new section numbers as

3

indicted in parentheses, sections 2919.191

4

(2919.192), 2919.192 (2919.194), and 2919.193

5

(2919.198); and to enact new sections 2919.191 and

6

2919.193 and sections 2919.195, 2919.196,

7

2919.197, 2919.199, 2919.1910, and 2919.1911 of

8

the Revised Code to generally prohibit an abortion

9

of an unborn human individual with a detectable

10

heartbeat and to create the Joint Legislative

11

Committee on Adoption Promotion and Support.

12

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

Section 1. That sections 2919.171, 2919.19, 2919.191,	13
2919.192, 2919.193, and 4731.22 be amended; sections 2919.191	14
(2919.192), 2919.192 (2919.194), and 2919.193 (2919.198) be	15
amended for the purposes of adopting new section numbers as	16
indicated in parentheses; and new sections 2919.191 and 2919.193	17
and sections 2919.195, 2919.196, 2919.197, 2919.199, 2919.1910,	18
and 2919.1911 of the Revised Code be enacted to read as follows:	19

Sec. 2919.171. (A)(1) A physician who performs or induces or	20
attempts to perform or induce an abortion on a pregnant woman	21
shall submit a report to the department of health in accordance	22
with the forms, rules, and regulations adopted by the department	23
that includes all of the information the physician is required to	24
certify in writing or determine under sectionssection 2919.17	25
and, section 2919.18, divisions (A) and (C) of section 2919.192,	26
division (C) of section 2919.193, division (B) of section	27
2919.195, or division (A) of section 2919.196 of the Revised	28
Code:.	29

(2) If a person other than the physician described in	30
division (A)(1) of this section makes or maintains a record	31
required by sections 2919.192 to 2919.196 of the Revised Code on	32
the physician's behalf or at the physician's direction, that	33
person shall comply with the reporting requirement described in	34
division (A)(1) of this section as if the person were the	35
physician described in that division.	36

(B) By September 30 of each year, the department of health	37
shall issue a public report that provides statistics for the	38
previous calendar year compiled from all of the reports covering	39
that calendar year submitted to the department in accordance with	40
this section for each of the items listed in division (A) of this	41
section. The report shall also provide the statistics for each	42
previous calendar year in which a report was filed with the	43
department pursuant to this section, adjusted to reflect any	44
additional information that a physician provides to the department	45
in a late or corrected report. The department shall ensure that	46
none of the information included in the report could reasonably	47
lead to the identification of any pregnant woman upon whom an	48
abortion is performed.	49

(C)(1) The physician shall submit the report described in	50
division (A) of this section to the department of health within	51
fifteen days after the woman is discharged. If the physician fails	52
to submit the report more than thirty days after that fifteen-day	53
deadline, the physician shall be subject to a late fee of five	54
hundred dollars for each additional thirty-day period or portion	55
of a thirty-day period the report is overdue. A physician who is	56
required to submit to the department of health a report under	57
division (A) of this section and who has not submitted a report or	58
has submitted an incomplete report more than one year following	59
the fifteen-day deadline may, in an action brought by the	60
department of health, be directed by a court of competent	61
jurisdiction to submit a complete report to the department of	62
health within a period of time stated in a court order or be	63
subject to contempt of court.	64

(2) If a physician fails to comply with the requirements of	65
this section, other than filing a late report with the department	66
of health, or fails to submit a complete report to the department	67
of health in accordance with a court order, the physician is	68
subject to division (B)(41)(44) of section 4731.22 of the Revised	69
Code.	70

(3) No person shall falsify any report required under this	71
section. Whoever violates this division is guilty of abortion	72
report falsification, a misdemeanor of the first degree.	73

(D) Within ninety days of the effective date of this section,	74
theThe department of health shall adopt rules pursuant to section	75
111.15 of the Revised Code to assist in compliance with this	76
section.	77

Sec. 2919.19. (A) As used in this section and sections	78
2919.191 to 2919.1932919.1910 of the Revised Code:	79

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

80

(2) "Contraceptive" means a drug, device, or chemical that	81
prevents conception.	82

(3) "DNA" means deoxyribonucleic acid.

83

(4) "Fetal heartbeat" means cardiac activity or the steady	84
and repetitive rhythmic contraction of the fetal heart within the	85
gestational sac.	86

(B)(5) "Fetus" means the human offspring developing during	87
pregnancy from the moment of conception and includes the embryonic	88
stage of development.	89

(C)(6) "Gestational age" means the age of an unborn human	90
individual as calculated from the first day of the last menstrual	91
period of a pregnant woman.	92

(D)(7) "Gestational sac" means the structure that comprises	93
the extraembryonic membranes that envelop the fetus and that is	94
typically visible by ultrasound after the fourth week of	95
pregnancy.	96

(E)(8) "Intrauterine pregnancy" means a pregnancy in which	97
the fetus is attached to the placenta within the uterus of the	98
pregnant woman.	99

(9) "Medical emergency" has the same meaning as in section	100
2919.16 of the Revised Code.	101

(F)(10) "Physician" has the same meaning as in section	102
2305.113 of the Revised Code.	103

(G)(11) "Pregnancy" means the human female reproductive	104
condition that begins with fertilization, when the woman is	105
carrying the developing human offspring, and that is calculated	106
from the first day of the last menstrual period of the woman.	107

(H)(12) "Serious risk of the substantial and irreversible	108
impairment of a major bodily function" has the same meaning as in	109
section 2919.16 of the Revised Code.	110

(I)(13) "Spontaneous miscarriage" means the natural or	111
accidental termination of a pregnancy and the expulsion of the	112
fetus, typically caused by genetic defects in the fetus or	113
physical abnormalities in the pregnant woman.	114

(14) "Standard medical practice" means the degree of skill,	115
care, and diligence that a physician of the same medical specialty	116
would employ in like circumstances. As applied to the method used	117
to determine the presence of a fetal heartbeat for purposes of	118
section 2919.1912919.192 of the Revised Code, "standard medical	119
practice" includes employing the appropriate means of detection	120
depending on the estimated gestational age of the fetus and the	121
condition of the woman and her pregnancy.	122

(J)(15) "Unborn human individual" means an individual	123
organism of the species homo sapiens from fertilization until live	124
birth.	125

(B)(1) It is the intent of the general assembly that a court	126
judgment or order suspending enforcement of any provision of this	127
section or sections 2919.171 or 2919.191 to 2919.1910 of the	128
Revised Code is not to be regarded as tantamount to repeal of that	129
provision.	130

(2) After the issuance of a decision by the supreme court of	131
the United States overruling Roe v. Wade, 410 U.S. 113 (1973), the	132
issuance of any other court order or judgment restoring,	133
expanding, or clarifying the authority of states to prohibit or	134
regulate abortion entirely or in part, or the effective date of an	135
amendment to the Constitution of the United States restoring,	136
expanding, or clarifying the authority of states to prohibit or	137
regulate abortion entirely or in part, the attorney general may	138
apply to the pertinent state or federal court for either or both	139
of the following:	140

(a) A declaration that any one or more sections specified in	141
division (B)(1) of this section are constitutional;	142

(b) A judgment or order lifting an injunction against the	143
enforcement of any one or more sections specified in division	144
(B)(1) of this section.	145

(3) If the attorney general fails to apply for the relief	146
described in division (B)(2) of this section within the thirty-day	147
period after an event described in that division occurs, any	148
county prosecutor may apply to the appropriate state or federal	149
court for such relief.	150

(4) If any provision of this section or sections 2919.171 or	151
2919.191 to 2919.1910 of the Revised Code is held invalid, or if	152
the application of such provision to any person or circumstance is	153
held invalid, the invalidity of that provision does not affect any	154
other provisions or applications of this section and sections	155
2919.171 and 2919.191 to 2919.1910 of the Revised Code that can be	156
given effect without the invalid provision or application, and to	157
this end the provisions of this section and sections 2919.171 and	158
2919.191 to 2919.1910 of the Revised Code are severable as	159
provided in section 1.50 of the Revised Code. In particular, it is	160
the intent of the general assembly that any invalidity or	161
potential invalidity of a provision of this section or sections	162
2919.171 or 2919.191 to 2919.1910 of the Revised Code is not to	163
impair the immediate and continuing enforceability of the	164
remaining provisions. It is furthermore the intent of the general	165
assembly that the provisions of this section and sections 2919.171	166
and 2919.191 to 2919.1910 of the Revised Code are not to have the	167
effect of repealing or limiting any other laws of this state,	168
except as specified by this section and sections 2919.171 and	169
2919.191 to 2919.1910 of the Revised Code.	170

Sec. 2919.191.  (A) The general assembly hereby declares that	171
it finds, according to contemporary medical research, all of the	172
following:	173

(1) As many as thirty per cent of natural pregnancies end in	174
spontaneous miscarriage.	175

(2) Less than five per cent of all natural pregnancies end in	176
spontaneous miscarriage after detection of fetal cardiac activity.	177

(3) Over ninety per cent of in vitro pregnancies survive the	178
first trimester if cardiac activity is detected in the gestational	179
sac.	180

(4) Nearly ninety per cent of in vitro pregnancies do not	181
survive the first trimester where cardiac activity is not detected	182
in the gestational sac.	183

(5) Fetal heartbeat, therefore, has become a key medical	184
predictor that an unborn human individual will reach live birth.	185

(6) Cardiac activity begins at a biologically identifiable	186
moment in time, normally when the fetal heart is formed in the	187
gestational sac.	188

(7) The state of Ohio has legitimate interests from the	189
outset of the pregnancy in protecting the health of the woman and	190
the life of an unborn human individual who may be born.	191

(8) In order to make an informed choice about whether to	192
continue her pregnancy, the pregnant woman has a legitimate	193
interest in knowing the likelihood of the fetus surviving to	194
full-term birth based upon the presence of cardiac activity.	195

(B) Sections 2919.192 to 2919.195 of the Revised Code apply	196
only to intrauterine pregnancies.	197

Sec. 2919.191.        Sec. 2919.192. (A) A person who intends to perform	198
or induce an abortion on a pregnant woman shall determine whether	199
there is a detectable fetal heartbeat of the unborn human	200
individual the pregnant woman is carrying. The method of	201
determining the presence of a fetal heartbeat shall be consistent	202
with the person's good faith understanding of standard medical	203
practice, provided that if rules have been adopted under division	204
(C)(B) of this section, the method chosen shall be one that is	205
consistent with the rules. The person who determines the presence	206
or absence of a fetal heartbeat shall record in the pregnant	207
woman's medical record the estimated gestational age of the unborn	208
human individual, the method used to test for a fetal heartbeat,	209
the date and time of the test, and the results of the test.	210

(B)(1) Except when a medical emergency exists that prevents	211
compliance with this division, no person shall perform or induce	212
an abortion on a pregnant woman prior to determining if the unborn	213
human individual the pregnant woman is carrying has a detectable	214
fetal heartbeat. Any person who performs or induces an abortion on	215
a pregnant woman based on the exception in this division shall	216
note in the pregnant woman's medical records that a medical	217
emergency necessitating the abortion existed and shall also note	218
the medical condition of the pregnant woman that prevented	219
compliance with this division. The person shall maintain a copy of	220
the notes described in this division in the person's own records	221
for at least seven years after the notes are entered into the	222
medical records.	223

(2) The person who performs the examination for the presence	224
of a fetal heartbeat shall give the pregnant woman the option to	225
view or hear the fetal heartbeat.	226

(C)(B) The director of health may promulgateadopt rules	227
pursuant to section 111.15 of the Revised Code specifying the	228
appropriate methods of performing an examination for the purpose	229
of determining the presence of a fetal heartbeat of an unborn	230
individual based on standard medical practice. The rules shall	231
require only that an examination shall be performed externally.	232

(D)(C) A person is not in violation of division (A) or (B) of	233
this section if that person has performed an examination for the	234
purpose of determining the presence of a fetal heartbeat in the	235
fetusof an unborn human individual utilizing standard medical	236
practice, that examination does not reveal a fetal heartbeat or	237
the person has been informed by a physician who has performed the	238
examination for a fetal heartbeat that the examination did not	239
reveal a fetal heartbeat, and the person notes in the pregnant	240
woman's medical records the procedure utilized to detect the	241
presence of a fetal heartbeat.	242

(E) Except as provided in division (F) of this section, no	243
person shall knowingly and purposefully perform or induce an	244
abortion on a pregnant woman before determining in accordance with	245
division (A) of this section whether the unborn human individual	246
the pregnant woman is carrying has a detectable heartbeat. The	247
failure of a person to satisfy the requirements of this section	248
prior to performing or inducing an abortion on a pregnant woman	249
may be the basis for either of the following:	250

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

251

(2) Disciplinary action under section 4731.22 of the Revised	252
Code.	253

(F) Division (E) of this section does not apply to a	254
physician who performs or induces the abortion if the physician	255
believes that a medical emergency exists that prevents compliance	256
with that division.	257

(G) The director of health may determine and specify in rules	258
adopted pursuant to section 111.15 of the Revised Code and based	259
upon available medical evidence the statistical probability of	260
bringing an unborn human individual to term based on the	261
gestational age of an unborn human individual who possesses a	262
detectable fetal heartbeat.	263

(H) A woman on whom an abortion is performed in violation of	264
division (B) of this section or division (B)(3) of section 2317.56	265
of the Revised Code may file a civil action for the wrongful death	266
of the woman's unborn child and may receive at the mother's	267
election at any time prior to final judgment damages in an amount	268
equal to ten thousand dollars or an amount determined by the trier	269
of fact after consideration of the evidence subject to the same	270
defenses and requirements of proof, except any requirement of live	271
birth, as would apply to a suit for the wrongful death of a child	272
who had been born alive.	273

Sec. 2919.193. (A) Except as provided in division (B) of this	274
section, no person shall knowingly and purposefully perform or	275
induce an abortion on a pregnant woman before determining in	276
accordance with division (A) of section 2919.192 of the Revised	277
Code whether the unborn human individual the pregnant woman is	278
carrying has a detectable heartbeat.	279

Whoever violates this division is guilty of performing or	280
inducing an abortion before determining whether there is a	281
detectable fetal heartbeat, a felony of the fifth degree. A	282
violation of this division may also be the basis of either of the	283
following:	284

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

285

(2) Disciplinary action under section 4731.22 of the Revised	286
Code.	287

(B) Division (A) of this section does not apply to a	288
physician who performs or induces the abortion if the physician	289
believes that a medical emergency exists that prevents compliance	290
with that division.	291

(C) A physician who performs or induces an abortion on a	292
pregnant woman based on the exception in division (B) of this	293
section shall make written notations in the pregnant woman's	294
medical records of both of the following:	295

(1) The physician's belief that a medical emergency	296
necessitating the abortion existed;	297

(2) The medical condition of the pregnant woman that	298
assertedly prevented compliance with division (A) of this section.	299

For at least seven years from the date the notations are	300
made, the physician shall maintain in the physician's own records	301
a copy of the notations.	302

(D) A person is not in violation of division (A) of this	303
section if the person acts in accordance with division (A) of	304
section 2919.192 of the Revised Code and the method used to	305
determine the presence of a fetal heartbeat does not reveal a	306
fetal heartbeat.	307

Sec. 2919.192.        Sec. 2919.194. (A) If a person who intends to	308
perform or induce an abortion on a pregnant woman has determined,	309
under section 2919.1912919.192 of the Revised Code, that the	310
unborn human individual the pregnant woman is carrying has a	311
detectable heartbeat, the person shall not, except as provided in	312
division (B) of this section, perform or induce the abortion until	313
all of the following requirements have been met and at least	314
twenty-four hours have elapsed after the last of the requirements	315
is met:	316

(1) The person intending to perform or induce the abortion	317
shall inform the pregnant woman in writing that the unborn human	318
individual the pregnant woman is carrying has a fetal heartbeat.	319

(2) The person intending to perform or induce the abortion	320
shall inform the pregnant woman, to the best of the person's	321
knowledge, of the statistical probability of bringing the unborn	322
human individual possessing a detectable fetal heartbeat to term	323
based on the gestational age of the unborn human individual or, if	324
the director of health has specified statistical probability	325
information pursuant to rules adopted under division (C) of this	326
section, shall provide to the pregnant woman that information.	327

(3) The pregnant woman shall sign a form acknowledging that	328
the pregnant woman has received information from the person	329
intending to perform or induce the abortion that the unborn human	330
individual the pregnant woman is carrying has a fetal heartbeat	331
and that the pregnant woman is aware of the statistical	332
probability of bringing the unborn human individual the pregnant	333
woman is carrying to term.	334

(B) Division (A) of this section does not apply if the person	335
who intends to perform or induce the abortion believes that a	336
medical emergency exists that prevents compliance with that	337
division.	338

(C) The director of health may adopt rules that specify	339
information regarding the statistical probability of bringing an	340
unborn human individual possessing a detectable heartbeat to term	341
based on the gestational age of the unborn human individual. The	342
rules shall be based on available medical evidence and shall be	343
adopted in accordance with section 111.15 of the Revised Code.	344

(D) This section does not have the effect of repealing or	345
limiting any other provision of the Revised Code relating to	346
informed consent for an abortion, including the provisions in	347
section 2317.56 of the Revised Code.	348

(E) Whoever violates division (A) of this section is guilty	349
of performing or inducing an abortion without informed consent	350
when there is a detectable fetal heartbeat, a misdemeanor of the	351
first degree on a first offense and a felony of the fourth degree	352
on each subsequent offense.	353

Sec. 2919.195. (A) Except as provided in division (B) of this	354
section, no person shall knowingly and purposefully perform or	355
induce an abortion on a pregnant woman with the specific intent of	356
causing or abetting the termination of the life of the unborn	357
human individual the pregnant woman is carrying and whose fetal	358
heartbeat has been detected in accordance with division (A) of	359
section 2919.192 of the Revised Code.	360

Whoever violates this division is guilty of performing or	361
inducing an abortion after the detection of a fetal heartbeat, a	362
felony of the fifth degree.	363

(B) Division (A) of this section does not apply to a	364
physician who performs a medical procedure that, in the	365
physician's reasonable medical judgment, is designed or intended	366
to prevent the death of the pregnant woman or to prevent a serious	367
risk of the substantial and irreversible impairment of a major	368
bodily function of the pregnant woman.	369

A physician who performs a medical procedure as described in	370
this division shall declare, in a written document, that the	371
medical procedure is necessary, to the best of the physician's	372
reasonable medical judgment, to prevent the death of the pregnant	373
woman or to prevent a serious risk of the substantial and	374
irreversible impairment of a major bodily function of the pregnant	375
woman. In the document, the physician shall specify the pregnant	376
woman's medical condition that the medical procedure is asserted	377
to address and the medical rationale for the physician's	378
conclusion that the medical procedure is necessary to prevent the	379
death of the pregnant woman or to prevent a serious risk of the	380
substantial and irreversible impairment of a major bodily function	381
of the pregnant woman.	382

A physician who performs a medical procedure as described in	383
this division shall place the written document required by this	384
division in the pregnant woman's medical records. The physician	385
shall maintain a copy of the document in the physician's own	386
records for at least seven years from the date the document is	387
created.	388

(C) A person is not in violation of division (A) of this	389
section if the person acts in accordance with division (A) of	390
section 2919.192 of the Revised Code and the method used to	391
determine the presence of a fetal heartbeat does not reveal a	392
fetal heartbeat.	393

(D) Division (A) of this section does not have the effect of	394
repealing or limiting any other provision of the Revised Code that	395
restricts or regulates the performance or inducement of an	396
abortion by a particular method or during a particular stage of a	397
pregnancy.	398

Sec. 2919.196. (A) A person who performs or induces an	399
abortion on a pregnant woman shall do whichever of the following	400
is applicable:	401

(1) If the reason for the abortion purportedly is to preserve	402
the health of the pregnant woman, the person shall specify in a	403
written document the medical condition that the abortion is	404
asserted to address and the medical rationale for the person's	405
conclusion that the abortion is necessary to address that	406
condition.	407

(2) If the reason for the abortion is other than to preserve	408
the health of the pregnant woman, the person shall specify in a	409
written document that maternal health is not the purpose of the	410
abortion.	411

(B) The person who specifies the information in the document	412
described in division (A) of this section shall place the document	413
in the pregnant woman's medical records. The person who specifies	414
the information shall maintain a copy of the document in the	415
person's own records for at least seven years from the date the	416
document is created.	417

Sec. 2919.197. Nothing in sections 2919.19 to 2919.196 of the	418
Revised Code prohibits the sale, use, prescription, or	419
administration of a drug, device, or chemical that is designed for	420
contraceptive purposes.	421

Sec. 2919.193.        Sec. 2919.198. A pregnant woman on whom an abortion	422
is performed or induced in violation of section 2919.191 or	423
2919.1922919.193, 2919.194, or 2919.195 of the Revised Code is	424
not guilty of violating any of those sections; is not guilty of	425
attempting to commit, conspiring to commit, or complicity in	426
committing a violation of any of those sections; and is not	427
subject to a civil penalty based on the abortion being performed	428
or induced in violation of any of those sections.	429

Sec. 2919.199.  (A) A woman who meets either or both of the	430
following criteria may file a civil action for the wrongful death	431
of her unborn child:	432

(1) A woman on whom an abortion was performed or induced in	433
violation of division (A) of section 2919.193 or division (A) of	434
section 2919.195 of the Revised Code;	435

(2) A woman on whom an abortion was performed or induced who	436
was not given the information described in divisions (A)(1) and	437
(2) of section 2919.194 of the Revised Code or who did not sign a	438
form described in division (A)(3) of section 2919.194 of the	439
Revised Code.	440

(B) A woman who prevails in an action filed under division	441
(A) of this section shall receive both of the following from the	442
person who committed the one or more acts described in division	443
(A)(1) or (2) of this section:	444

(1) Damages in an amount equal to ten thousand dollars or an	445
amount determined by the trier of fact after consideration of the	446
evidence at the mother's election at any time prior to final	447
judgment subject to the same defenses and requirements of proof,	448
except any requirement of live birth, as would apply to a suit for	449
the wrongful death of a child who had been born alive;	450

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

451

(C) A determination that division (A) of section 2919.193 of	452
the Revised Code, division (A)(1), (2), or (3) of section 2919.194	453
of the Revised Code, or division (A) of section 2919.195 of the	454
Revised Code is unconstitutional shall be a defense to an action	455
filed under division (A) of this section alleging that the	456
defendant violated the division that was determined to be	457
unconstitutional.	458

(D) If the defendant in an action filed under division (A) of	459
this section prevails and all of the following apply, the court	460
shall award reasonable attorney's fees to the defendant in	461
accordance with section 2323.51 of the Revised Code:	462

(1) The court finds that the commencement of the action	463
constitutes frivolous conduct, as defined in section 2323.51 of	464
the Revised Code.	465

(2) The court's finding in division (D)(1) of this section is	466
not based on that court or another court determining that division	467
(A) of section 2919.193 of the Revised Code, division (A)(1), (2),	468
or (3) of section 2919.194 of the Revised Code, or division (A) of	469
section 2919.195 of the Revised Code is unconstitutional.	470

(3) The court finds that the defendant was adversely affected	471
by the frivolous conduct.	472

Sec. 2919.1910.  (A) It is the intent of the general assembly	473
that women whose pregnancies are protected under division (A) of	474
section 2919.195 of the Revised Code be informed of available	475
options for adoption.	476

(B) In furtherance of the intent expressed in division (A) of	477
this section, there is hereby created the joint legislative	478
committee on adoption promotion and support. The committee may	479
review or study any matter that it considers relevant to the	480
adoption process in this state, with priority given to the study	481
or review of mechanisms intended to increase awareness of the	482
process, increase its effectiveness, or both.	483

(C) The committee shall consist of three members of the house	484
of representatives appointed by the speaker of the house of	485
representatives and three members of the senate appointed by the	486
president of the senate. Not more than two members appointed by	487
the speaker of the house of representatives and not more than two	488
members appointed by the president of the senate may be of the	489
same political party.	490

Each member of the committee shall hold office during the	491
general assembly in which the member is appointed and until a	492
successor has been appointed, notwithstanding the adjournment sine	493
die of the general assembly in which the member was appointed or	494
the expiration of the member's term as a member of the general	495
assembly. Any vacancies occurring among the members of the	496
committee shall be filled in the manner of the original	497
appointment.	498

(D) The committee has the same powers as other standing or	499
select committees of the general assembly.	500

Sec. 2919.1911.  The department of health shall have access	501
to the medical records from any facility that performs abortions	502
to ensure that the physicians or other persons who perform	503
abortions at that facility are in compliance with the reporting	504
requirements under section 2919.171 of the Revised Code. On	505
request from the department, the facility shall make the medical	506
records available to the department but shall not release any	507
personal medical information in the medical records that is	508
prohibited by law.	509

Sec. 4731.22.  (A) The state medical board, by an affirmative	510
vote of not fewer than six of its members, may limit, revoke, or	511
suspend an individual's certificate to practice, refuse to grant a	512
certificate to an individual, refuse to register an individual,	513
refuse to reinstate a certificate, or reprimand or place on	514
probation the holder of a certificate if the individual or	515
certificate holder is found by the board to have committed fraud	516
during the administration of the examination for a certificate to	517
practice or to have committed fraud, misrepresentation, or	518
deception in applying for or securing any certificate to practice	519
or certificate of registration issued by the board.	520

(B) The board, by an affirmative vote of not fewer than six	521
members, shall, to the extent permitted by law, limit, revoke, or	522
suspend an individual's certificate to practice, refuse to	523
register an individual, refuse to reinstate a certificate, or	524
reprimand or place on probation the holder of a certificate for	525
one or more of the following reasons:	526

(1) Permitting one's name or one's certificate to practice or	527
certificate of registration to be used by a person, group, or	528
corporation when the individual concerned is not actually	529
directing the treatment given;	530

(2) Failure to maintain minimal standards applicable to the	531
selection or administration of drugs, or failure to employ	532
acceptable scientific methods in the selection of drugs or other	533
modalities for treatment of disease;	534

(3) Selling, giving away, personally furnishing, prescribing,	535
or administering drugs for other than legal and legitimate	536
therapeutic purposes or a plea of guilty to, a judicial finding of	537
guilt of, or a judicial finding of eligibility for intervention in	538
lieu of conviction of, a violation of any federal or state law	539
regulating the possession, distribution, or use of any drug;	540

(4) Willfully betraying a professional confidence.

541

For purposes of this division, "willfully betraying a	542
professional confidence" does not include providing any	543
information, documents, or reports to a child fatality review	544
board under sections 307.621 to 307.629 of the Revised Code and	545
does not include the making of a report of an employee's use of a	546
drug of abuse, or a report of a condition of an employee other	547
than one involving the use of a drug of abuse, to the employer of	548
the employee as described in division (B) of section 2305.33 of	549
the Revised Code. Nothing in this division affects the immunity	550
from civil liability conferred by that section upon a physician	551
who makes either type of report in accordance with division (B) of	552
that section. As used in this division, "employee," "employer,"	553
and "physician" have the same meanings as in section 2305.33 of	554
the Revised Code.	555

(5) Making a false, fraudulent, deceptive, or misleading	556
statement in the solicitation of or advertising for patients; in	557
relation to the practice of medicine and surgery, osteopathic	558
medicine and surgery, podiatric medicine and surgery, or a limited	559
branch of medicine; or in securing or attempting to secure any	560
certificate to practice or certificate of registration issued by	561
the board.	562

As used in this division, "false, fraudulent, deceptive, or	563
misleading statement" means a statement that includes a	564
misrepresentation of fact, is likely to mislead or deceive because	565
of a failure to disclose material facts, is intended or is likely	566
to create false or unjustified expectations of favorable results,	567
or includes representations or implications that in reasonable	568
probability will cause an ordinarily prudent person to	569
misunderstand or be deceived.	570

(6) A departure from, or the failure to conform to, minimal	571
standards of care of similar practitioners under the same or	572
similar circumstances, whether or not actual injury to a patient	573
is established;	574

(7) Representing, with the purpose of obtaining compensation	575
or other advantage as personal gain or for any other person, that	576
an incurable disease or injury, or other incurable condition, can	577
be permanently cured;	578

(8) The obtaining of, or attempting to obtain, money or	579
anything of value by fraudulent misrepresentations in the course	580
of practice;	581

(9) A plea of guilty to, a judicial finding of guilt of, or a	582
judicial finding of eligibility for intervention in lieu of	583
conviction for, a felony;	584

(10) Commission of an act that constitutes a felony in this	585
state, regardless of the jurisdiction in which the act was	586
committed;	587

(11) A plea of guilty to, a judicial finding of guilt of, or	588
a judicial finding of eligibility for intervention in lieu of	589
conviction for, a misdemeanor committed in the course of practice;	590

(12) Commission of an act in the course of practice that	591
constitutes a misdemeanor in this state, regardless of the	592
jurisdiction in which the act was committed;	593

(13) A plea of guilty to, a judicial finding of guilt of, or	594
a judicial finding of eligibility for intervention in lieu of	595
conviction for, a misdemeanor involving moral turpitude;	596

(14) Commission of an act involving moral turpitude that	597
constitutes a misdemeanor in this state, regardless of the	598
jurisdiction in which the act was committed;	599

(15) Violation of the conditions of limitation placed by the	600
board upon a certificate to practice;	601

(16) Failure to pay license renewal fees specified in this	602
chapter;	603

(17) Except as authorized in section 4731.31 of the Revised	604
Code, engaging in the division of fees for referral of patients,	605
or the receiving of a thing of value in return for a specific	606
referral of a patient to utilize a particular service or business;	607

(18) Subject to section 4731.226 of the Revised Code,	608
violation of any provision of a code of ethics of the American	609
medical association, the American osteopathic association, the	610
American podiatric medical association, or any other national	611
professional organizations that the board specifies by rule. The	612
state medical board shall obtain and keep on file current copies	613
of the codes of ethics of the various national professional	614
organizations. The individual whose certificate is being suspended	615
or revoked shall not be found to have violated any provision of a	616
code of ethics of an organization not appropriate to the	617
individual's profession.	618

For purposes of this division, a "provision of a code of	619
ethics of a national professional organization" does not include	620
any provision that would preclude the making of a report by a	621
physician of an employee's use of a drug of abuse, or of a	622
condition of an employee other than one involving the use of a	623
drug of abuse, to the employer of the employee as described in	624
division (B) of section 2305.33 of the Revised Code. Nothing in	625
this division affects the immunity from civil liability conferred	626
by that section upon a physician who makes either type of report	627
in accordance with division (B) of that section. As used in this	628
division, "employee," "employer," and "physician" have the same	629
meanings as in section 2305.33 of the Revised Code.	630

(19) Inability to practice according to acceptable and	631
prevailing standards of care by reason of mental illness or	632
physical illness, including, but not limited to, physical	633
deterioration that adversely affects cognitive, motor, or	634
perceptive skills.	635

In enforcing this division, the board, upon a showing of a	636
possible violation, may compel any individual authorized to	637
practice by this chapter or who has submitted an application	638
pursuant to this chapter to submit to a mental examination,	639
physical examination, including an HIV test, or both a mental and	640
a physical examination. The expense of the examination is the	641
responsibility of the individual compelled to be examined. Failure	642
to submit to a mental or physical examination or consent to an HIV	643
test ordered by the board constitutes an admission of the	644
allegations against the individual unless the failure is due to	645
circumstances beyond the individual's control, and a default and	646
final order may be entered without the taking of testimony or	647
presentation of evidence. If the board finds an individual unable	648
to practice because of the reasons set forth in this division, the	649
board shall require the individual to submit to care, counseling,	650
or treatment by physicians approved or designated by the board, as	651
a condition for initial, continued, reinstated, or renewed	652
authority to practice. An individual affected under this division	653
shall be afforded an opportunity to demonstrate to the board the	654
ability to resume practice in compliance with acceptable and	655
prevailing standards under the provisions of the individual's	656
certificate. For the purpose of this division, any individual who	657
applies for or receives a certificate to practice under this	658
chapter accepts the privilege of practicing in this state and, by	659
so doing, shall be deemed to have given consent to submit to a	660
mental or physical examination when directed to do so in writing	661
by the board, and to have waived all objections to the	662
admissibility of testimony or examination reports that constitute	663
a privileged communication.	664

(20) Except when civil penalties are imposed under section	665
4731.225 or 4731.281 of the Revised Code, and subject to section	666
4731.226 of the Revised Code, violating or attempting to violate,	667
directly or indirectly, or assisting in or abetting the violation	668
of, or conspiring to violate, any provisions of this chapter or	669
any rule promulgated by the board.	670

This division does not apply to a violation or attempted	671
violation of, assisting in or abetting the violation of, or a	672
conspiracy to violate, any provision of this chapter or any rule	673
adopted by the board that would preclude the making of a report by	674
a physician of an employee's use of a drug of abuse, or of a	675
condition of an employee other than one involving the use of a	676
drug of abuse, to the employer of the employee as described in	677
division (B) of section 2305.33 of the Revised Code. Nothing in	678
this division affects the immunity from civil liability conferred	679
by that section upon a physician who makes either type of report	680
in accordance with division (B) of that section. As used in this	681
division, "employee," "employer," and "physician" have the same	682
meanings as in section 2305.33 of the Revised Code.	683

(21) The violation of section 3701.79 of the Revised Code or	684
of any abortion rule adopted by the public health council pursuant	685
to section 3701.341 of the Revised Code;	686

(22) Any of the following actions taken by an agency	687
responsible for authorizing, certifying, or regulating an	688
individual to practice a health care occupation or provide health	689
care services in this state or another jurisdiction, for any	690
reason other than the nonpayment of fees: the limitation,	691
revocation, or suspension of an individual's license to practice;	692
acceptance of an individual's license surrender; denial of a	693
license; refusal to renew or reinstate a license; imposition of	694
probation; or issuance of an order of censure or other reprimand;	695

(23) The violation of section 2919.12 of the Revised Code or	696
the performance or inducement of an abortion upon a pregnant woman	697
with actual knowledge that the conditions specified in division	698
(B) of section 2317.56 of the Revised Code have not been satisfied	699
or with a heedless indifference as to whether those conditions	700
have been satisfied, unless an affirmative defense as specified in	701
division (H)(2) of that section would apply in a civil action	702
authorized by division (H)(1) of that section;	703

(24) The revocation, suspension, restriction, reduction, or	704
termination of clinical privileges by the United States department	705
of defense or department of veterans affairs or the termination or	706
suspension of a certificate of registration to prescribe drugs by	707
the drug enforcement administration of the United States	708
department of justice;	709

(25) Termination or suspension from participation in the	710
medicare or medicaid programs by the department of health and	711
human services or other responsible agency for any act or acts	712
that also would constitute a violation of division (B)(2), (3),	713
(6), (8), or (19) of this section;	714

(26) Impairment of ability to practice according to	715
acceptable and prevailing standards of care because of habitual or	716
excessive use or abuse of drugs, alcohol, or other substances that	717
impair ability to practice.	718

For the purposes of this division, any individual authorized	719
to practice by this chapter accepts the privilege of practicing in	720
this state subject to supervision by the board. By filing an	721
application for or holding a certificate to practice under this	722
chapter, an individual shall be deemed to have given consent to	723
submit to a mental or physical examination when ordered to do so	724
by the board in writing, and to have waived all objections to the	725
admissibility of testimony or examination reports that constitute	726
privileged communications.	727

If it has reason to believe that any individual authorized to	728
practice by this chapter or any applicant for certification to	729
practice suffers such impairment, the board may compel the	730
individual to submit to a mental or physical examination, or both.	731
The expense of the examination is the responsibility of the	732
individual compelled to be examined. Any mental or physical	733
examination required under this division shall be undertaken by a	734
treatment provider or physician who is qualified to conduct the	735
examination and who is chosen by the board.	736

Failure to submit to a mental or physical examination ordered	737
by the board constitutes an admission of the allegations against	738
the individual unless the failure is due to circumstances beyond	739
the individual's control, and a default and final order may be	740
entered without the taking of testimony or presentation of	741
evidence. If the board determines that the individual's ability to	742
practice is impaired, the board shall suspend the individual's	743
certificate or deny the individual's application and shall require	744
the individual, as a condition for initial, continued, reinstated,	745
or renewed certification to practice, to submit to treatment.	746

Before being eligible to apply for reinstatement of a	747
certificate suspended under this division, the impaired	748
practitioner shall demonstrate to the board the ability to resume	749
practice in compliance with acceptable and prevailing standards of	750
care under the provisions of the practitioner's certificate. The	751
demonstration shall include, but shall not be limited to, the	752
following:	753

(a) Certification from a treatment provider approved under	754
section 4731.25 of the Revised Code that the individual has	755
successfully completed any required inpatient treatment;	756

(b) Evidence of continuing full compliance with an aftercare	757
contract or consent agreement;	758

(c) Two written reports indicating that the individual's	759
ability to practice has been assessed and that the individual has	760
been found capable of practicing according to acceptable and	761
prevailing standards of care. The reports shall be made by	762
individuals or providers approved by the board for making the	763
assessments and shall describe the basis for their determination.	764

The board may reinstate a certificate suspended under this	765
division after that demonstration and after the individual has	766
entered into a written consent agreement.	767

When the impaired practitioner resumes practice, the board	768
shall require continued monitoring of the individual. The	769
monitoring shall include, but not be limited to, compliance with	770
the written consent agreement entered into before reinstatement or	771
with conditions imposed by board order after a hearing, and, upon	772
termination of the consent agreement, submission to the board for	773
at least two years of annual written progress reports made under	774
penalty of perjury stating whether the individual has maintained	775
sobriety.	776

(27) A second or subsequent violation of section 4731.66 or	777
4731.69 of the Revised Code;	778

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

779

(a) Waiving the payment of all or any part of a deductible or	780
copayment that a patient, pursuant to a health insurance or health	781
care policy, contract, or plan that covers the individual's	782
services, otherwise would be required to pay if the waiver is used	783
as an enticement to a patient or group of patients to receive	784
health care services from that individual;	785

(b) Advertising that the individual will waive the payment of	786
all or any part of a deductible or copayment that a patient,	787
pursuant to a health insurance or health care policy, contract, or	788
plan that covers the individual's services, otherwise would be	789
required to pay.	790

(29) Failure to use universal blood and body fluid	791
precautions established by rules adopted under section 4731.051 of	792
the Revised Code;	793

(30) Failure to provide notice to, and receive acknowledgment	794
of the notice from, a patient when required by section 4731.143 of	795
the Revised Code prior to providing nonemergency professional	796
services, or failure to maintain that notice in the patient's	797
file;	798

(31) Failure of a physician supervising a physician assistant	799
to maintain supervision in accordance with the requirements of	800
Chapter 4730. of the Revised Code and the rules adopted under that	801
chapter;	802

(32) Failure of a physician or podiatrist to enter into a	803
standard care arrangement with a clinical nurse specialist,	804
certified nurse-midwife, or certified nurse practitioner with whom	805
the physician or podiatrist is in collaboration pursuant to	806
section 4731.27 of the Revised Code or failure to fulfill the	807
responsibilities of collaboration after entering into a standard	808
care arrangement;	809

(33) Failure to comply with the terms of a consult agreement	810
entered into with a pharmacist pursuant to section 4729.39 of the	811
Revised Code;	812

(34) Failure to cooperate in an investigation conducted by	813
the board under division (F) of this section, including failure to	814
comply with a subpoena or order issued by the board or failure to	815
answer truthfully a question presented by the board in an	816
investigative interview, an investigative office conference, at a	817
deposition, or in written interrogatories, except that failure to	818
cooperate with an investigation shall not constitute grounds for	819
discipline under this section if a court of competent jurisdiction	820
has issued an order that either quashes a subpoena or permits the	821
individual to withhold the testimony or evidence in issue;	822

(35) Failure to supervise an oriental medicine practitioner	823
or acupuncturist in accordance with Chapter 4762. of the Revised	824
Code and the board's rules for providing that supervision;	825

(36) Failure to supervise an anesthesiologist assistant in	826
accordance with Chapter 4760. of the Revised Code and the board's	827
rules for supervision of an anesthesiologist assistant;	828

(37) Assisting suicide as defined in section 3795.01 of the	829
Revised Code;	830

(38) Failure to comply with the requirements of section	831
2317.561 of the Revised Code;	832

(39) Failure to supervise a radiologist assistant in	833
accordance with Chapter 4774. of the Revised Code and the board's	834
rules for supervision of radiologist assistants;	835

(40) Performing or inducing an abortion at an office or	836
facility with knowledge that the office or facility fails to post	837
the notice required under section 3701.791 of the Revised Code;	838

(41) Failure to comply with the standards and procedures	839
established in rules under section 4731.054 of the Revised Code	840
for the operation of or the provision of care at a pain management	841
clinic;	842

(42) Failure to comply with the standards and procedures	843
established in rules under section 4731.054 of the Revised Code	844
for providing supervision, direction, and control of individuals	845
at a pain management clinic;	846

(43) Failure to comply with the requirements of section	847
4729.79 of the Revised Code, unless the state board of pharmacy no	848
longer maintains a drug database pursuant to section 4729.75 of	849
the Revised Code;	850

(44) Failure to comply with the requirements of section	851
2919.171 of the Revised Code or failure to submit to the	852
department of health in accordance with a court order a complete	853
report as described in section 2919.171 of the Revised Code;	854

(45) Practicing at a facility that is subject to licensure as	855
a category III terminal distributor of dangerous drugs with a pain	856
management clinic classification unless the person operating the	857
facility has obtained and maintains the license with the	858
classification;	859

(46) Owning a facility that is subject to licensure as a	860
category III terminal distributor of dangerous drugs with a pain	861
management clinic classification unless the facility is licensed	862
with the classification;	863

(47) Failure to comply with any of the requirement	864
requirements regarding making or maintaining notesmedical	865
records or documents described in division (B) of section 2919.191	866
(A) of section 2919.192, division (C) of section 2919.193,	867
division (B) of section 2919.195, or division (A) of section	868
2919.196 of the Revised Code or failure to satisfy the	869
requirements of section 2919.191 of the Revised Code prior to	870
performing or inducing an abortion upon a pregnant woman.	871

(C) Disciplinary actions taken by the board under divisions	872
(A) and (B) of this section shall be taken pursuant to an	873
adjudication under Chapter 119. of the Revised Code, except that	874
in lieu of an adjudication, the board may enter into a consent	875
agreement with an individual to resolve an allegation of a	876
violation of this chapter or any rule adopted under it. A consent	877
agreement, when ratified by an affirmative vote of not fewer than	878
six members of the board, shall constitute the findings and order	879
of the board with respect to the matter addressed in the	880
agreement. If the board refuses to ratify a consent agreement, the	881
admissions and findings contained in the consent agreement shall	882
be of no force or effect.	883

A telephone conference call may be utilized for ratification	884
of a consent agreement that revokes or suspends an individual's	885
certificate to practice. The telephone conference call shall be	886
considered a special meeting under division (F) of section 121.22	887
of the Revised Code.	888

If the board takes disciplinary action against an individual	889
under division (B) of this section for a second or subsequent plea	890
of guilty to, or judicial finding of guilt of, a violation of	891
section 2919.123 of the Revised Code, the disciplinary action	892
shall consist of a suspension of the individual's certificate to	893
practice for a period of at least one year or, if determined	894
appropriate by the board, a more serious sanction involving the	895
individual's certificate to practice. Any consent agreement	896
entered into under this division with an individual that pertains	897
to a second or subsequent plea of guilty to, or judicial finding	898
of guilt of, a violation of that section shall provide for a	899
suspension of the individual's certificate to practice for a	900
period of at least one year or, if determined appropriate by the	901
board, a more serious sanction involving the individual's	902
certificate to practice.	903

(D) For purposes of divisions (B)(10), (12), and (14) of this	904
section, the commission of the act may be established by a finding	905
by the board, pursuant to an adjudication under Chapter 119. of	906
the Revised Code, that the individual committed the act. The board	907
does not have jurisdiction under those divisions if the trial	908
court renders a final judgment in the individual's favor and that	909
judgment is based upon an adjudication on the merits. The board	910
has jurisdiction under those divisions if the trial court issues	911
an order of dismissal upon technical or procedural grounds.	912

(E) The sealing of conviction records by any court shall have	913
no effect upon a prior board order entered under this section or	914
upon the board's jurisdiction to take action under this section	915
if, based upon a plea of guilty, a judicial finding of guilt, or a	916
judicial finding of eligibility for intervention in lieu of	917
conviction, the board issued a notice of opportunity for a hearing	918
prior to the court's order to seal the records. The board shall	919
not be required to seal, destroy, redact, or otherwise modify its	920
records to reflect the court's sealing of conviction records.	921

(F)(1) The board shall investigate evidence that appears to	922
show that a person has violated any provision of this chapter or	923
any rule adopted under it. Any person may report to the board in a	924
signed writing any information that the person may have that	925
appears to show a violation of any provision of this chapter or	926
any rule adopted under it. In the absence of bad faith, any person	927
who reports information of that nature or who testifies before the	928
board in any adjudication conducted under Chapter 119. of the	929
Revised Code shall not be liable in damages in a civil action as a	930
result of the report or testimony. Each complaint or allegation of	931
a violation received by the board shall be assigned a case number	932
and shall be recorded by the board.	933

(2) Investigations of alleged violations of this chapter or	934
any rule adopted under it shall be supervised by the supervising	935
member elected by the board in accordance with section 4731.02 of	936
the Revised Code and by the secretary as provided in section	937
4731.39 of the Revised Code. The president may designate another	938
member of the board to supervise the investigation in place of the	939
supervising member. No member of the board who supervises the	940
investigation of a case shall participate in further adjudication	941
of the case.	942

(3) In investigating a possible violation of this chapter or	943
any rule adopted under this chapter, or in conducting an	944
inspection under division (E) of section 4731.054 of the Revised	945
Code, the board may question witnesses, conduct interviews,	946
administer oaths, order the taking of depositions, inspect and	947
copy any books, accounts, papers, records, or documents, issue	948
subpoenas, and compel the attendance of witnesses and production	949
of books, accounts, papers, records, documents, and testimony,	950
except that a subpoena for patient record information shall not be	951
issued without consultation with the attorney general's office and	952
approval of the secretary and supervising member of the board.	953

(a) Before issuance of a subpoena for patient record	954
information, the secretary and supervising member shall determine	955
whether there is probable cause to believe that the complaint	956
filed alleges a violation of this chapter or any rule adopted	957
under it and that the records sought are relevant to the alleged	958
violation and material to the investigation. The subpoena may	959
apply only to records that cover a reasonable period of time	960
surrounding the alleged violation.	961

(b) On failure to comply with any subpoena issued by the	962
board and after reasonable notice to the person being subpoenaed,	963
the board may move for an order compelling the production of	964
persons or records pursuant to the Rules of Civil Procedure.	965

(c) A subpoena issued by the board may be served by a	966
sheriff, the sheriff's deputy, or a board employee designated by	967
the board. Service of a subpoena issued by the board may be made	968
by delivering a copy of the subpoena to the person named therein,	969
reading it to the person, or leaving it at the person's usual	970
place of residence, usual place of business, or address on file	971
with the board. When serving a subpoena to an applicant for or the	972
holder of a certificate issued under this chapter, service of the	973
subpoena may be made by certified mail, return receipt requested,	974
and the subpoena shall be deemed served on the date delivery is	975
made or the date the person refuses to accept delivery. If the	976
person being served refuses to accept the subpoena or is not	977
located, service may be made to an attorney who notifies the board	978
that the attorney is representing the person.	979

(d) A sheriff's deputy who serves a subpoena shall receive	980
the same fees as a sheriff. Each witness who appears before the	981
board in obedience to a subpoena shall receive the fees and	982
mileage provided for under section 119.094 of the Revised Code.	983

(4) All hearings, investigations, and inspections of the	984
board shall be considered civil actions for the purposes of	985
section 2305.252 of the Revised Code.	986

(5) A report required to be submitted to the board under this	987
chapter, a complaint, or information received by the board	988
pursuant to an investigation or pursuant to an inspection under	989
division (E) of section 4731.054 of the Revised Code is	990
confidential and not subject to discovery in any civil action.	991

The board shall conduct all investigations or inspections and	992
proceedings in a manner that protects the confidentiality of	993
patients and persons who file complaints with the board. The board	994
shall not make public the names or any other identifying	995
information about patients or complainants unless proper consent	996
is given or, in the case of a patient, a waiver of the patient	997
privilege exists under division (B) of section 2317.02 of the	998
Revised Code, except that consent or a waiver of that nature is	999
not required if the board possesses reliable and substantial	1000
evidence that no bona fide physician-patient relationship exists.	1001

The board may share any information it receives pursuant to	1002
an investigation or inspection, including patient records and	1003
patient record information, with law enforcement agencies, other	1004
licensing boards, and other governmental agencies that are	1005
prosecuting, adjudicating, or investigating alleged violations of	1006
statutes or administrative rules. An agency or board that receives	1007
the information shall comply with the same requirements regarding	1008
confidentiality as those with which the state medical board must	1009
comply, notwithstanding any conflicting provision of the Revised	1010
Code or procedure of the agency or board that applies when it is	1011
dealing with other information in its possession. In a judicial	1012
proceeding, the information may be admitted into evidence only in	1013
accordance with the Rules of Evidence, but the court shall require	1014
that appropriate measures are taken to ensure that confidentiality	1015
is maintained with respect to any part of the information that	1016
contains names or other identifying information about patients or	1017
complainants whose confidentiality was protected by the state	1018
medical board when the information was in the board's possession.	1019
Measures to ensure confidentiality that may be taken by the court	1020
include sealing its records or deleting specific information from	1021
its records.	1022

(6) On a quarterly basis, the board shall prepare a report	1023
that documents the disposition of all cases during the preceding	1024
three months. The report shall contain the following information	1025
for each case with which the board has completed its activities:	1026

(a) The case number assigned to the complaint or alleged	1027
violation;	1028

(b) The type of certificate to practice, if any, held by the	1029
individual against whom the complaint is directed;	1030

(c) A description of the allegations contained in the	1031
complaint;	1032

(d) The disposition of the case.

1033

The report shall state how many cases are still pending and	1034
shall be prepared in a manner that protects the identity of each	1035
person involved in each case. The report shall be a public record	1036
under section 149.43 of the Revised Code.	1037

(G) If the secretary and supervising member determine both of	1038
the following, they may recommend that the board suspend an	1039
individual's certificate to practice without a prior hearing:	1040

(1) That there is clear and convincing evidence that an	1041
individual has violated division (B) of this section;	1042

(2) That the individual's continued practice presents a	1043
danger of immediate and serious harm to the public.	1044

Written allegations shall be prepared for consideration by	1045
the board. The board, upon review of those allegations and by an	1046
affirmative vote of not fewer than six of its members, excluding	1047
the secretary and supervising member, may suspend a certificate	1048
without a prior hearing. A telephone conference call may be	1049
utilized for reviewing the allegations and taking the vote on the	1050
summary suspension.	1051

The board shall issue a written order of suspension by	1052
certified mail or in person in accordance with section 119.07 of	1053
the Revised Code. The order shall not be subject to suspension by	1054
the court during pendency of any appeal filed under section 119.12	1055
of the Revised Code. If the individual subject to the summary	1056
suspension requests an adjudicatory hearing by the board, the date	1057
set for the hearing shall be within fifteen days, but not earlier	1058
than seven days, after the individual requests the hearing, unless	1059
otherwise agreed to by both the board and the individual.	1060

Any summary suspension imposed under this division shall	1061
remain in effect, unless reversed on appeal, until a final	1062
adjudicative order issued by the board pursuant to this section	1063
and Chapter 119. of the Revised Code becomes effective. The board	1064
shall issue its final adjudicative order within seventy-five days	1065
after completion of its hearing. A failure to issue the order	1066
within seventy-five days shall result in dissolution of the	1067
summary suspension order but shall not invalidate any subsequent,	1068
final adjudicative order.	1069

(H) If the board takes action under division (B)(9), (11), or	1070
(13) of this section and the judicial finding of guilt, guilty	1071
plea, or judicial finding of eligibility for intervention in lieu	1072
of conviction is overturned on appeal, upon exhaustion of the	1073
criminal appeal, a petition for reconsideration of the order may	1074
be filed with the board along with appropriate court documents.	1075
Upon receipt of a petition of that nature and supporting court	1076
documents, the board shall reinstate the individual's certificate	1077
to practice. The board may then hold an adjudication under Chapter	1078
119. of the Revised Code to determine whether the individual	1079
committed the act in question. Notice of an opportunity for a	1080
hearing shall be given in accordance with Chapter 119. of the	1081
Revised Code. If the board finds, pursuant to an adjudication held	1082
under this division, that the individual committed the act or if	1083
no hearing is requested, the board may order any of the sanctions	1084
identified under division (B) of this section.	1085

(I) The certificate to practice issued to an individual under	1086
this chapter and the individual's practice in this state are	1087
automatically suspended as of the date of the individual's second	1088
or subsequent plea of guilty to, or judicial finding of guilt of,	1089
a violation of section 2919.123 of the Revised Code, or the date	1090
the individual pleads guilty to, is found by a judge or jury to be	1091
guilty of, or is subject to a judicial finding of eligibility for	1092
intervention in lieu of conviction in this state or treatment or	1093
intervention in lieu of conviction in another jurisdiction for any	1094
of the following criminal offenses in this state or a	1095
substantially equivalent criminal offense in another jurisdiction:	1096
aggravated murder, murder, voluntary manslaughter, felonious	1097
assault, kidnapping, rape, sexual battery, gross sexual	1098
imposition, aggravated arson, aggravated robbery, or aggravated	1099
burglary. Continued practice after suspension shall be considered	1100
practicing without a certificate.	1101

The board shall notify the individual subject to the	1102
suspension by certified mail or in person in accordance with	1103
section 119.07 of the Revised Code. If an individual whose	1104
certificate is automatically suspended under this division fails	1105
to make a timely request for an adjudication under Chapter 119. of	1106
the Revised Code, the board shall do whichever of the following is	1107
applicable:	1108

(1) If the automatic suspension under this division is for a	1109
second or subsequent plea of guilty to, or judicial finding of	1110
guilt of, a violation of section 2919.123 of the Revised Code, the	1111
board shall enter an order suspending the individual's certificate	1112
to practice for a period of at least one year or, if determined	1113
appropriate by the board, imposing a more serious sanction	1114
involving the individual's certificate to practice.	1115

(2) In all circumstances in which division (I)(1) of this	1116
section does not apply, enter a final order permanently revoking	1117
the individual's certificate to practice.	1118

(J) If the board is required by Chapter 119. of the Revised	1119
Code to give notice of an opportunity for a hearing and if the	1120
individual subject to the notice does not timely request a hearing	1121
in accordance with section 119.07 of the Revised Code, the board	1122
is not required to hold a hearing, but may adopt, by an	1123
affirmative vote of not fewer than six of its members, a final	1124
order that contains the board's findings. In that final order, the	1125
board may order any of the sanctions identified under division (A)	1126
or (B) of this section.	1127

(K) Any action taken by the board under division (B) of this	1128
section resulting in a suspension from practice shall be	1129
accompanied by a written statement of the conditions under which	1130
the individual's certificate to practice may be reinstated. The	1131
board shall adopt rules governing conditions to be imposed for	1132
reinstatement. Reinstatement of a certificate suspended pursuant	1133
to division (B) of this section requires an affirmative vote of	1134
not fewer than six members of the board.	1135

(L) When the board refuses to grant a certificate to an	1136
applicant, revokes an individual's certificate to practice,	1137
refuses to register an applicant, or refuses to reinstate an	1138
individual's certificate to practice, the board may specify that	1139
its action is permanent. An individual subject to a permanent	1140
action taken by the board is forever thereafter ineligible to hold	1141
a certificate to practice and the board shall not accept an	1142
application for reinstatement of the certificate or for issuance	1143
of a new certificate.	1144

(M) Notwithstanding any other provision of the Revised Code,	1145
all of the following apply:	1146

(1) The surrender of a certificate issued under this chapter	1147
shall not be effective unless or until accepted by the board. A	1148
telephone conference call may be utilized for acceptance of the	1149
surrender of an individual's certificate to practice. The	1150
telephone conference call shall be considered a special meeting	1151
under division (F) of section 121.22 of the Revised Code.	1152
Reinstatement of a certificate surrendered to the board requires	1153
an affirmative vote of not fewer than six members of the board.	1154

(2) An application for a certificate made under the	1155
provisions of this chapter may not be withdrawn without approval	1156
of the board.	1157

(3) Failure by an individual to renew a certificate of	1158
registration in accordance with this chapter shall not remove or	1159
limit the board's jurisdiction to take any disciplinary action	1160
under this section against the individual.	1161

(4) At the request of the board, a certificate holder shall	1162
immediately surrender to the board a certificate that the board	1163
has suspended, revoked, or permanently revoked.	1164

(N) Sanctions shall not be imposed under division (B)(28) of	1165
this section against any person who waives deductibles and	1166
copayments as follows:	1167

(1) In compliance with the health benefit plan that expressly	1168
allows such a practice. Waiver of the deductibles or copayments	1169
shall be made only with the full knowledge and consent of the plan	1170
purchaser, payer, and third-party administrator. Documentation of	1171
the consent shall be made available to the board upon request.	1172

(2) For professional services rendered to any other person	1173
authorized to practice pursuant to this chapter, to the extent	1174
allowed by this chapter and rules adopted by the board.	1175

(O) Under the board's investigative duties described in this	1176
section and subject to division (F) of this section, the board	1177
shall develop and implement a quality intervention program	1178
designed to improve through remedial education the clinical and	1179
communication skills of individuals authorized under this chapter	1180
to practice medicine and surgery, osteopathic medicine and	1181
surgery, and podiatric medicine and surgery. In developing and	1182
implementing the quality intervention program, the board may do	1183
all of the following:	1184

(1) Offer in appropriate cases as determined by the board an	1185
educational and assessment program pursuant to an investigation	1186
the board conducts under this section;	1187

(2) Select providers of educational and assessment services,	1188
including a quality intervention program panel of case reviewers;	1189

(3) Make referrals to educational and assessment service	1190
providers and approve individual educational programs recommended	1191
by those providers. The board shall monitor the progress of each	1192
individual undertaking a recommended individual educational	1193
program.	1194

(4) Determine what constitutes successful completion of an	1195
individual educational program and require further monitoring of	1196
the individual who completed the program or other action that the	1197
board determines to be appropriate;	1198

(5) Adopt rules in accordance with Chapter 119. of the	1199
Revised Code to further implement the quality intervention	1200
program.	1201

An individual who participates in an individual educational	1202
program pursuant to this division shall pay the financial	1203
obligations arising from that educational program.	1204

Section 2.  That existing sections 2919.171, 2919.19,	1205
2919.191, 2919.192, 2919.193, and 4731.22 of the Revised Code are	1206
hereby repealed.	1207