Bill Text: OH SB301 | 2011-2012 | 129th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Regarding enforcement powers of certain health care professional licensing boards, regulation of pain management clinics, limits on prescriber-furnished controlled substances, and classifications of certain controlled substances.
Spectrum: Slight Partisan Bill (Republican 45-27)
Status: (Passed) 2013-03-13 - Effective Date [SB301 Detail]
Download: Ohio-2011-SB301-Engrossed.html
As Passed by the House
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: Regarding enforcement powers of certain health care professional licensing boards, regulation of pain management clinics, limits on prescriber-furnished controlled substances, and classifications of certain controlled substances.
Spectrum: Slight Partisan Bill (Republican 45-27)
Status: (Passed) 2013-03-13 - Effective Date [SB301 Detail]
Download: Ohio-2011-SB301-Engrossed.html
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Senators Burke, Cafaro
Cosponsors:
Senators Lehner, Seitz, Jones, Tavares, Brown, Bacon, Balderson, Beagle, Gentile, Hite, Hughes, Kearney, LaRose, Manning, Obhof, Oelslager, Peterson, Schaffer, Schiavoni, Skindell, Smith, Turner
Representatives Garland, Hackett, Johnson, Smith, Yuko, Amstutz, Antonio, Barnes, Beck, Blair, Blessing, Boose, Bubp, Buchy, Budish, Butler, Celebrezze, Combs, Dovilla, Driehaus, Duffey, Fende, Goyal, Hagan, C., Hayes, Heard, Kozlowski, Letson, Lundy, Mallory, McClain, Milkovich, Newbold, O'Brien, Patmon, Phillips, Rosenberger, Ruhl, Scherer, Schuring, Sears, Sprague, Stebelton, Terhar, Thompson, Winburn, Young Speaker Batchelder
To amend sections 3719.41, 4715.033, 4715.034, | 1 |
4715.30, 4715.301, 4715.302, 4723.487, 4725.092, | 2 |
4729.162, 4729.291, 4729.51, 4729.552, 4729.57, | 3 |
4729.79, 4729.80, 4729.86, 4730.53, 4731.054, | 4 |
4731.055, 4731.22, and 4731.39 of the Revised Code | 5 |
regarding enforcement powers of certain health | 6 |
care professional licensing boards, regulation of | 7 |
pain management clinics, limits on | 8 |
prescriber-furnished controlled substances, and | 9 |
classifications of certain controlled substances. | 10 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3719.41, 4715.033, 4715.034, | 11 |
4715.30, 4715.301, 4715.302, 4723.487, 4725.092, 4729.162, | 12 |
4729.291, 4729.51, 4729.552, 4729.57, 4729.79, 4729.80, 4729.86, | 13 |
4730.53, 4731.054, 4731.055, 4731.22, and 4731.39 of the Revised | 14 |
Code be amended to read as follows: | 15 |
Sec. 3719.41. Controlled substance schedules I, II, III, IV, | 16 |
and V are hereby established, which schedules include the | 17 |
following, subject to amendment pursuant to section 3719.43 or | 18 |
3719.44 of the Revised Code. | 19 |
20 | |
(A) Narcotics-opiates | 21 |
Any of the following opiates, including their isomers, | 22 |
esters, ethers, salts, and salts of isomers, esters, and ethers, | 23 |
unless specifically excepted under federal drug abuse control | 24 |
laws, whenever the existence of these isomers, esters, ethers, and | 25 |
salts is possible within the specific chemical designation: | 26 |
(1) Acetyl-alpha-methylfentanyl | 27 |
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide); | 28 |
(2) Acetylmethadol; | 29 |
(3) Allylprodine; | 30 |
(4) Alphacetylmethadol (except levo-alphacetylmethadol, also | 31 |
known as levo-alpha-acetylmethadol, levomethadyl acetate, or | 32 |
LAAM); | 33 |
(5) Alphameprodine; | 34 |
(6) Alphamethadol; | 35 |
(7) Alpha-methylfentanyl | 36 |
(N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide; | 37 |
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine); | 38 |
(8) Alpha-methylthiofentanyl | 39 |
(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N- | 40 |
phenylpropanamide); | 41 |
(9) Benzethidine; | 42 |
(10) Betacetylmethadol; | 43 |
(11) Beta-hydroxyfentanyl | 44 |
(N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl]-N- phenylpropanamide); | 45 |
(12) Beta-hydroxy-3-methylfentanyl (other name: | 46 |
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N- | 47 |
phenylpropanamide); | 48 |
(13) Betameprodine; | 49 |
(14) Betamethadol; | 50 |
(15) Betaprodine; | 51 |
(16) Clonitazene; | 52 |
(17) Dextromoramide; | 53 |
(18) Diampromide; | 54 |
(19) Diethylthiambutene; | 55 |
(20) Difenoxin; | 56 |
(21) Dimenoxadol; | 57 |
(22) Dimepheptanol; | 58 |
(23) Dimethylthiambutene; | 59 |
(24) Dioxaphetyl butyrate; | 60 |
(25) Dipipanone; | 61 |
(26) Ethylmethylthiambutene; | 62 |
(27) Etonitazene; | 63 |
(28) Etoxeridine; | 64 |
(29) Furethidine; | 65 |
(30) Hydroxypethidine; | 66 |
(31) Ketobemidone; | 67 |
(32) Levomoramide; | 68 |
(33) Levophenacylmorphan; | 69 |
(34) 3-methylfentanyl | 70 |
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N- phenylpropanamide); | 71 |
(35) 3-methylthiofentanyl | 72 |
(N-[3-methyl-1-[2-(thienyl)ethyl]-4-piperidinyl]-N- | 73 |
phenylpropanamide); | 74 |
(36) Morpheridine; | 75 |
(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine); | 76 |
(38) Noracymethadol; | 77 |
(39) Norlevorphanol; | 78 |
(40) Normethadone; | 79 |
(41) Norpipanone; | 80 |
(42) Para-fluorofentanyl | 81 |
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide; | 82 |
(43) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine; | 83 |
(44) Phenadoxone; | 84 |
(45) Phenampromide; | 85 |
(46) Phenomorphan; | 86 |
(47) Phenoperidine; | 87 |
(48) Piritramide; | 88 |
(49) Proheptazine; | 89 |
(50) Properidine; | 90 |
(51) Propiram; | 91 |
(52) Racemoramide; | 92 |
(53) Thiofentanyl | 93 |
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide; | 94 |
(54) Tilidine; | 95 |
(55) Trimeperidine. | 96 |
(B) Narcotics-opium derivatives | 97 |
Any of the following opium derivatives, including their | 98 |
salts, isomers, and salts of isomers, unless specifically excepted | 99 |
under federal drug abuse control laws, whenever the existence of | 100 |
these salts, isomers, and salts of isomers is possible within the | 101 |
specific chemical designation: | 102 |
(1) Acetorphine; | 103 |
(2) Acetyldihydrocodeine; | 104 |
(3) Benzylmorphine; | 105 |
(4) Codeine methylbromide; | 106 |
(5) Codeine-n-oxide; | 107 |
(6) Cyprenorphine; | 108 |
(7) Desomorphine; | 109 |
(8) Dihydromorphine; | 110 |
(9) Drotebanol; | 111 |
(10) Etorphine (except hydrochloride salt); | 112 |
(11) Heroin; | 113 |
(12) Hydromorphinol; | 114 |
(13) Methyldesorphine; | 115 |
(14) Methyldihydromorphine; | 116 |
(15) Morphine methylbromide; | 117 |
(16) Morphine methylsulfonate; | 118 |
(17) Morphine-n-oxide; | 119 |
(18) Myrophine; | 120 |
(19) Nicocodeine; | 121 |
(20) Nicomorphine; | 122 |
(21) Normorphine; | 123 |
(22) Pholcodine; | 124 |
(23) Thebacon. | 125 |
(C) Hallucinogens | 126 |
Any material, compound, mixture, or preparation that contains | 127 |
any quantity of the following hallucinogenic substances, including | 128 |
their salts, isomers, and salts of isomers, unless specifically | 129 |
excepted under federal drug abuse control laws, whenever the | 130 |
existence of these salts, isomers, and salts of isomers is | 131 |
possible within the specific chemical designation. For the | 132 |
purposes of this division only, "isomer" includes the optical | 133 |
isomers, position isomers, and geometric isomers. | 134 |
(1) Alpha-ethyltryptamine (some trade or other names: | 135 |
etryptamine; Monase; alpha-ethyl-1H-indole-3-ethanamine; | 136 |
3-(2-aminobutyl) indole; alpha-ET; and AET); | 137 |
(2) 4-bromo-2,5-dimethoxyamphetamine (some trade or other | 138 |
names: 4-bromo-2,5-dimethoxy-alpha-methyphenethylamine; | 139 |
4-bromo-2,5-DMA); | 140 |
(3) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other | 141 |
names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; | 142 |
alpha-desmethyl DOB; 2C-B, Nexus); | 143 |
(4) 2,5-dimethoxyamphetamine (some trade or other names: | 144 |
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA); | 145 |
(5) 2,5-dimethoxy-4-ethylamphetamine (some trade or other | 146 |
names: DOET); | 147 |
(6) 4-methoxyamphetamine (some trade or other names: | 148 |
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; | 149 |
PMA); | 150 |
(7) 5-methoxy-3,4-methylenedioxy-amphetamine; | 151 |
(8) 4-methyl-2,5-dimethoxy-amphetamine (some trade or other | 152 |
names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM" | 153 |
and "STP"); | 154 |
(9) 3,4-methylenedioxy amphetamine; | 155 |
(10) 3,4-methylenedioxymethamphetamine (MDMA); | 156 |
(11) 3,4-methylenedioxy-N-ethylamphetamine (also known as | 157 |
N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl | 158 |
MDA, MDE, MDEA); | 159 |
(12) N-hydroxy-3,4-methylenedioxyamphetamine (also known as | 160 |
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine and | 161 |
N-hydroxy MDA); | 162 |
(13) 3,4,5-trimethoxy amphetamine; | 163 |
(14) Bufotenine (some trade or other names: | 164 |
3-(beta-dimethylaminoethyl)-5-hydroxyindole; | 165 |
3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin; | 166 |
5-hydroxy-N, N-dimethyltryptamine; mappine); | 167 |
(15) Diethyltryptamine (some trade or other names: N, | 168 |
N-diethyltryptamine; DET); | 169 |
(16) Dimethyltryptamine (some trade or other names: DMT); | 170 |
(17) Ibogaine (some trade or other names: | 171 |
7-ethyl-6,6beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano- | 172 |
5H-pyrido[1',2':1,2] azepino [5, 4-b] indole; tabernanthe iboga); | 173 |
(18) Lysergic acid diethylamide; | 174 |
(19) Marihuana; | 175 |
(20) Mescaline; | 176 |
(21) Parahexyl (some trade or other names: 3-hexyl-1- | 177 |
hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran; | 178 |
synhexyl); | 179 |
(22) Peyote (meaning all parts of the plant presently | 180 |
classified botanically as "Lophophora williamsii Lemaire," whether | 181 |
growing or not, the seeds of that plant, any extract from any part | 182 |
of that plant, and every compound, manufacture, salts, derivative, | 183 |
mixture, or preparation of that plant, its seeds, or its | 184 |
extracts); | 185 |
(23) N-ethyl-3-piperidyl benzilate; | 186 |
(24) N-methyl-3-piperidyl benzilate; | 187 |
(25) Psilocybin; | 188 |
(26) Psilocyn; | 189 |
(27) Tetrahydrocannabinols (synthetic equivalents of the | 190 |
substances contained in the plant, or in the resinous extractives | 191 |
of Cannabis, sp. and/or synthetic substances, derivatives, and | 192 |
their isomers with similar chemical structure and pharmacological | 193 |
activity such as the following: delta-1-cis or trans | 194 |
tetrahydrocannabinol, and their optical isomers; delta-6-cis or | 195 |
trans tetrahydrocannabinol, and their optical isomers; | 196 |
delta-3,4-cis or trans tetrahydrocannabinol, and its optical | 197 |
isomers. (Since nomenclature of these substances is not | 198 |
internationally standardized, compounds of these structures, | 199 |
regardless of numerical designation of atomic positions, are | 200 |
covered.)); | 201 |
(28) Ethylamine analog of phencyclidine (some trade or other | 202 |
names: N-ethyl-1-phenylcyclohexylamine; | 203 |
(1-phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine; | 204 |
cyclohexamine; PCE); | 205 |
(29) Pyrrolidine analog of phencyclidine (some trade or other | 206 |
names: 1-(1-phenylcyclohexyl)pyrrolidine; PCPy; PHP); | 207 |
(30) Thiophene analog of phencyclidine (some trade or other | 208 |
names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine; 2-thienyl analog | 209 |
of phencyclidine; TPCP; TCP); | 210 |
(31) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine; | 211 |
(32) Hashish; | 212 |
(33) Salvia divinorum; | 213 |
(34) Salvinorin A; | 214 |
(35) 1-Pentyl-3-(1-naphthoyl)indole (some trade or other | 215 |
names: JWH-018); | 216 |
(36) 1-Butyl-3-(1-naphthoyl)indole (some trade or other | 217 |
names: JWH-073); | 218 |
(37) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (some | 219 |
trade or other names: JWH-200); | 220 |
(38) | 221 |
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol | 222 |
(some trade or other names: CP-47,497); | 223 |
(39) | 224 |
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (some | 225 |
trade or other names: cannabicyclohexanol; CP-47,497 C8 | 226 |
homologue) | 227 |
| 228 |
| 229 |
| 230 |
| 231 |
| 232 |
| 233 |
(D) Depressants | 234 |
Any material, compound, mixture, or preparation that contains | 235 |
any quantity of the following substances having a depressant | 236 |
effect on the central nervous system, including their salts, | 237 |
isomers, and salts of isomers, unless specifically excepted under | 238 |
federal drug abuse control laws, whenever the existence of these | 239 |
salts, isomers, and salts of isomers is possible within the | 240 |
specific chemical designation: | 241 |
(1) Mecloqualone; | 242 |
(2) Methaqualone. | 243 |
(E) Stimulants | 244 |
Unless specifically excepted or unless listed in another | 245 |
schedule, any material, compound, mixture, or preparation that | 246 |
contains any quantity of the following substances having a | 247 |
stimulant effect on the central nervous system, including their | 248 |
salts, isomers, and salts of isomers: | 249 |
(1) Aminorex (some other names: aminoxaphen; | 250 |
2-amino-5-phenyl-2-oxazoline; or | 251 |
4,5-dihydro-5-phenyl-2-oxazolamine); | 252 |
(2) Cathinone (some trade or other names: | 253 |
2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone, | 254 |
2-aminopropiophenone, and norephedrone); | 255 |
(3) Fenethylline; | 256 |
(4) Methcathinone (some other names: | 257 |
2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone; | 258 |
2-methylamino)-1-phenylpropan-1-one; | 259 |
alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; | 260 |
N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and | 261 |
UR1432, its salts, optical isomers, and salts of optical isomers; | 262 |
(5) (+/-)cis-4-methylaminorex | 263 |
((+/-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine); | 264 |
(6) N-ethylamphetamine; | 265 |
(7) N,N-dimethylamphetamine (also known as | 266 |
N,N-alpha-trimethyl-benzeneethanamine; | 267 |
N,N-alpha-trimethylphenethylamine); | 268 |
(8) Methylone (3,4-methylenedioxymethcathinone); | 269 |
(9) MDPV (3,4-methylenedioxypyrovalerone); | 270 |
(10) Mephedrone (4-methylmethcathinone); | 271 |
(11) 4-methoxymethcathinone; | 272 |
(12) 4-fluoromethcathinone; | 273 |
(13) 3-fluoromethcathinone. | 274 |
275 | |
(A) Narcotics-opium and opium derivatives | 276 |
Unless specifically excepted under federal drug abuse control | 277 |
laws or unless listed in another schedule, any of the following | 278 |
substances whether produced directly or indirectly by extraction | 279 |
from substances of vegetable origin, independently by means of | 280 |
chemical synthesis, or by a combination of extraction and chemical | 281 |
synthesis: | 282 |
(1) Opium and opiate, and any salt, compound, derivative, or | 283 |
preparation of opium or opiate, excluding apomorphine, | 284 |
thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene, | 285 |
naloxone, and naltrexone, and their respective salts, but | 286 |
including the following: | 287 |
(a) Raw opium; | 288 |
(b) Opium extracts; | 289 |
(c) Opium fluid extracts; | 290 |
(d) Powdered opium; | 291 |
(e) Granulated opium; | 292 |
(f) Tincture of opium; | 293 |
(g) Codeine; | 294 |
(h) Ethylmorphine; | 295 |
(i) Etorphine hydrochloride; | 296 |
(j) Hydrocodone; | 297 |
(k) Hydromorphone; | 298 |
(l) Metopon; | 299 |
(m) Morphine; | 300 |
(n) Oxycodone; | 301 |
(o) Oxymorphone; | 302 |
(p) Thebaine. | 303 |
(2) Any salt, compound, derivative, or preparation thereof | 304 |
that is chemically equivalent to or identical with any of the | 305 |
substances referred to in division (A)(1) of this schedule, except | 306 |
that these substances shall not include the isoquinoline alkaloids | 307 |
of opium; | 308 |
(3) Opium poppy and poppy straw; | 309 |
(4) Coca leaves and any salt, compound, derivative, or | 310 |
preparation of coca leaves (including cocaine and ecgonine, their | 311 |
salts, isomers, and derivatives, and salts of those isomers and | 312 |
derivatives), and any salt, compound, derivative, or preparation | 313 |
thereof that is chemically equivalent to or identical with any of | 314 |
these substances, except that the substances shall not include | 315 |
decocainized coca leaves or extraction of coca leaves, which | 316 |
extractions do not contain cocaine or ecgonine; | 317 |
(5) Concentrate of poppy straw (the crude extract of poppy | 318 |
straw in either liquid, solid, or powder form that contains the | 319 |
phenanthrene alkaloids of the opium poppy). | 320 |
(B) Narcotics-opiates | 321 |
Unless specifically excepted under federal drug abuse control | 322 |
laws or unless listed in another schedule, any of the following | 323 |
opiates, including their isomers, esters, ethers, salts, and salts | 324 |
of isomers, esters, and ethers, whenever the existence of these | 325 |
isomers, esters, ethers, and salts is possible within the specific | 326 |
chemical designation, but excluding dextrorphan and | 327 |
levopropoxyphene: | 328 |
(1) Alfentanil; | 329 |
(2) Alphaprodine; | 330 |
(3) Anileridine; | 331 |
(4) Bezitramide; | 332 |
(5) Bulk dextropropoxyphene (non-dosage forms); | 333 |
(6) Carfentanil; | 334 |
(7) Dihydrocodeine; | 335 |
(8) Diphenoxylate; | 336 |
(9) Fentanyl; | 337 |
(10) Isomethadone; | 338 |
(11) Levo-alphacetylmethadol (some other names: | 339 |
levo-alpha-acetylmethadol; levomethadyl acetate; LAAM); | 340 |
(12) Levomethorphan; | 341 |
(13) Levorphanol; | 342 |
(14) Metazocine; | 343 |
(15) Methadone; | 344 |
(16) Methadone-intermediate, | 345 |
4-cyano-2-dimethylamino-4,4-diphenyl butane; | 346 |
(17) Moramide-intermediate, | 347 |
2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid; | 348 |
(18) Pethidine (meperidine); | 349 |
(19) Pethidine-intermediate-A, | 350 |
4-cyano-1-methyl-4-phenylpiperidine; | 351 |
(20) Pethidine-intermediate-B, | 352 |
ethyl-4-phenylpiperidine-4-carboxylate; | 353 |
(21) Pethidine-intermediate-C, | 354 |
1-methyl-4-phenylpiperidine-4-carboxylic acid; | 355 |
(22) Phenazocine; | 356 |
(23) Piminodine; | 357 |
(24) Racemethorphan; | 358 |
(25) Racemorphan; | 359 |
(26) Remifentanil; | 360 |
(27) Sufentanil. | 361 |
(C) Stimulants | 362 |
Unless specifically excepted under federal drug abuse control | 363 |
laws or unless listed in another schedule, any material, compound, | 364 |
mixture, or preparation that contains any quantity of the | 365 |
following substances having a stimulant effect on the central | 366 |
nervous system: | 367 |
(1) Amphetamine, its salts, its optical isomers, and salts of | 368 |
its optical isomers; | 369 |
(2) Methamphetamine, its salts, its isomers, and salts of its | 370 |
isomers; | 371 |
(3) Methylphenidate; | 372 |
(4) Phenmetrazine and its salts. | 373 |
(D) Depressants | 374 |
Unless specifically excepted under federal drug abuse control | 375 |
laws or unless listed in another schedule, any material, compound, | 376 |
mixture, or preparation that contains any quantity of the | 377 |
following substances having a depressant effect on the central | 378 |
nervous system, including their salts, isomers, and salts of | 379 |
isomers, whenever the existence of these salts, isomers, and salts | 380 |
of isomers is possible within the specific chemical designation: | 381 |
(1) Amobarbital; | 382 |
(2) Gamma-hydroxy-butyrate; | 383 |
(3) Glutethimide; | 384 |
(4) Pentobarbital; | 385 |
(5) Phencyclidine (some trade or other names: | 386 |
1-(1-phenylcyclohexyl)piperidine; PCP); | 387 |
(6) Secobarbital; | 388 |
(7) 1-aminophenylcyclohexane and all N-mono-substituted | 389 |
and/or all N-N-disubstituted analogs including, but not limited | 390 |
to, the following: | 391 |
(a) 1-phenylcyclohexylamine; | 392 |
(b) (1-phenylcyclohexyl) methylamine; | 393 |
(c) (1-phenylcyclohexyl) dimethylamine; | 394 |
(d) (1-phenylcyclohexyl) methylethylamine; | 395 |
(e) (1-phenylcyclohexyl) isopropylamine; | 396 |
(f) 1-(1-phenylcyclohexyl) morpholine. | 397 |
(E) Hallucinogenic substances | 398 |
(1) Nabilone (another name for nabilone: | 399 |
(+)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1- | 400 |
hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one). | 401 |
(F) Immediate precursors | 402 |
Unless specifically excepted under federal drug abuse control | 403 |
laws or unless listed in another schedule, any material, compound, | 404 |
mixture, or preparation that contains any quantity of the | 405 |
following substances: | 406 |
(1) Immediate precursor to amphetamine and methamphetamine: | 407 |
(a) Phenylacetone (some trade or other names: | 408 |
phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl | 409 |
ketone); | 410 |
(2) Immediate precursors to phencyclidine (PCP): | 411 |
(a) 1-phenylcyclohexylamine; | 412 |
(b) 1-piperidinocyclohexanecarbonitrile (PCC). | 413 |
414 | |
(A) Stimulants | 415 |
Unless specifically excepted under federal drug abuse control | 416 |
laws or unless listed in another schedule, any material, compound, | 417 |
mixture, or preparation that contains any quantity of the | 418 |
following substances having a stimulant effect on the central | 419 |
nervous system, including their salts, their optical isomers, | 420 |
position isomers, or geometric isomers, and salts of these | 421 |
isomers, whenever the existence of these salts, isomers, and salts | 422 |
of isomers is possible within the specific chemical designation: | 423 |
(1) All stimulant compounds, mixtures, and preparations | 424 |
included in schedule III pursuant to the federal drug abuse | 425 |
control laws and regulations adopted under those laws; | 426 |
(2) Benzphetamine; | 427 |
(3) Chlorphentermine; | 428 |
(4) Clortermine; | 429 |
(5) Phendimetrazine. | 430 |
(B) Depressants | 431 |
Unless specifically excepted under federal drug abuse control | 432 |
laws or unless listed in another schedule, any material, compound, | 433 |
mixture, or preparation that contains any quantity of the | 434 |
following substances having a depressant effect on the central | 435 |
nervous system: | 436 |
(1) Any compound, mixture, or preparation containing | 437 |
amobarbital, secobarbital, pentobarbital, or any salt of any of | 438 |
these drugs, and one or more other active medicinal ingredients | 439 |
that are not listed in any schedule; | 440 |
(2) Any suppository dosage form containing amobarbital, | 441 |
secobarbital, pentobarbital, or any salt of any of these drugs and | 442 |
approved by the food and drug administration for marketing only as | 443 |
a suppository; | 444 |
(3) Any substance that contains any quantity of a derivative | 445 |
of barbituric acid or any salt of a derivative of barbituric acid; | 446 |
(4) Chlorhexadol; | 447 |
(5) Ketamine, its salts, isomers, and salts of isomers (some | 448 |
other names for ketamine: | 449 |
(+/-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone); | 450 |
(6) Lysergic acid; | 451 |
(7) Lysergic acid amide; | 452 |
(8) Methyprylon; | 453 |
(9) Sulfondiethylmethane; | 454 |
(10) Sulfonethylmethane; | 455 |
(11) Sulfonmethane; | 456 |
(12) Tiletamine, zolazepam, or any salt of tiletamine or | 457 |
zolazepam (some trade or other names for a tiletamine-zolazepam | 458 |
combination product: Telazol); (some trade or other names for | 459 |
tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone); (some | 460 |
trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8- | 461 |
dihydro-1,3,8-trimethylpyrazolo-[3, 4-e][1,4]-diazepin-7(1H)-one; | 462 |
flupyrazapon). | 463 |
(C) Narcotic antidotes | 464 |
(1) Nalorphine. | 465 |
(D) Narcotics-narcotic preparations | 466 |
Unless specifically excepted under federal drug abuse control | 467 |
laws or unless listed in another schedule, any material, compound, | 468 |
mixture, or preparation that contains any of the following | 469 |
narcotic drugs, or their salts calculated as the free anhydrous | 470 |
base or alkaloid, in limited quantities as set forth below: | 471 |
(1) Not more than 1.8 grams of codeine per 100 milliliters or | 472 |
not more than 90 milligrams per dosage unit, with an equal or | 473 |
greater quantity of an isoquinoline alkaloid of opium; | 474 |
(2) Not more than 1.8 grams of codeine per 100 milliliters or | 475 |
not more than 90 milligrams per dosage unit, with one or more | 476 |
active, nonnarcotic ingredients in recognized therapeutic amounts; | 477 |
(3) Not more than 300 milligrams of dihydrocodeinone per 100 | 478 |
milliliters or not more than 15 milligrams per dosage unit, with a | 479 |
fourfold or greater quantity of an isoquinoline alkaloid of opium; | 480 |
(4) Not more than 300 milligrams of dihydrocodeinone per 100 | 481 |
milliliters or not more than 15 milligrams per dosage unit, with | 482 |
one or more active, nonnarcotic ingredients in recognized | 483 |
therapeutic amounts; | 484 |
(5) Not more than 1.8 grams of dihydrocodeine per 100 | 485 |
milliliters or not more than 90 milligrams per dosage unit, with | 486 |
one or more active, nonnarcotic ingredients in recognized | 487 |
therapeutic amounts; | 488 |
(6) Not more than 300 milligrams of ethylmorphine per 100 | 489 |
milliliters or not more than 15 milligrams per dosage unit, with | 490 |
one or more active, nonnarcotic ingredients in recognized | 491 |
therapeutic amounts; | 492 |
(7) Not more than 500 milligrams of opium per 100 milliliters | 493 |
or per 100 grams or not more than 25 milligrams per dosage unit, | 494 |
with one or more active, nonnarcotic ingredients in recognized | 495 |
therapeutic amounts; | 496 |
(8) Not more than 50 milligrams of morphine per 100 | 497 |
milliliters or per 100 grams, with one or more active, nonnarcotic | 498 |
ingredients in recognized therapeutic amounts. | 499 |
(E) Anabolic steroids | 500 |
Unless specifically excepted under federal drug abuse control | 501 |
laws or unless listed in another schedule, any material, compound, | 502 |
mixture, or preparation that contains any quantity of the | 503 |
following substances, including their salts, esters, isomers, and | 504 |
salts of esters and isomers, whenever the existence of these | 505 |
salts, esters, and isomers is possible within the specific | 506 |
chemical designation: | 507 |
(1) Anabolic steroids. Except as otherwise provided in | 508 |
division (E)(1) of schedule III, "anabolic steroids" means any | 509 |
drug or hormonal substance that is chemically and | 510 |
pharmacologically related to testosterone (other than estrogens, | 511 |
progestins, and corticosteroids) and that promotes muscle growth. | 512 |
"Anabolic steroids" does not include an anabolic steroid that is | 513 |
expressly intended for administration through implants to cattle | 514 |
or other nonhuman species and that has been approved by the United | 515 |
States secretary of health and human services for that | 516 |
administration, unless a person prescribes, dispenses, or | 517 |
distributes this type of anabolic steroid for human use. "Anabolic | 518 |
steroid" includes, but is not limited to, the following: | 519 |
(a) Boldenone; | 520 |
(b) Chlorotestosterone (4-chlortestosterone); | 521 |
(c) Clostebol; | 522 |
(d) Dehydrochlormethyltestosterone; | 523 |
(e) Dihydrotestosterone (4-dihydrotestosterone); | 524 |
(f) Drostanolone; | 525 |
(g) Ethylestrenol; | 526 |
(h) Fluoxymesterone; | 527 |
(i) Formebulone (formebolone); | 528 |
(j) Mesterolone; | 529 |
(k) Methandienone; | 530 |
(l) Methandranone; | 531 |
(m) Methandriol; | 532 |
(n) Methandrostenolone; | 533 |
(o) Methenolone; | 534 |
(p) Methyltestosterone; | 535 |
(q) Mibolerone; | 536 |
(r) Nandrolone; | 537 |
(s) Norethandrolone; | 538 |
(t) Oxandrolone; | 539 |
(u) Oxymesterone; | 540 |
(v) Oxymetholone; | 541 |
(w) Stanolone; | 542 |
(x) Stanozolol; | 543 |
(y) Testolactone; | 544 |
(z) Testosterone; | 545 |
(aa) Trenbolone; | 546 |
(bb) Any salt, ester, isomer, or salt of an ester or isomer | 547 |
of a drug or hormonal substance described or listed in division | 548 |
(E)(1) of schedule III if the salt, ester, or isomer promotes | 549 |
muscle growth. | 550 |
(F) Hallucinogenic substances | 551 |
(1) Dronabinol (synthetic) in sesame oil and encapsulated in | 552 |
a soft gelatin capsule in a United States food and drug | 553 |
administration approved drug product (some other names for | 554 |
dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro- | 555 |
6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or | 556 |
(-)-delta-9-(trans)-tetrahydrocannabinol). | 557 |
558 | |
(A) Narcotic drugs | 559 |
Unless specifically excepted by federal drug abuse control | 560 |
laws or unless listed in another schedule, any material, compound, | 561 |
mixture, or preparation that contains any of the following | 562 |
narcotic drugs, or their salts calculated as the free anhydrous | 563 |
base or alkaloid, in limited quantities as set forth below: | 564 |
(1) Not more than one milligram of difenoxin and not less | 565 |
than 25 micrograms of atropine sulfate per dosage unit; | 566 |
(2) Dextropropoxyphene | 567 |
(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2- | 568 |
propionoxybutane)[final dosage forms]. | 569 |
(B) Depressants | 570 |
Unless specifically excepted under federal drug abuse control | 571 |
laws or unless listed in another schedule, any material, compound, | 572 |
mixture, or preparation that contains any quantity of the | 573 |
following substances, including their salts, isomers, and salts of | 574 |
isomers, whenever the existence of these salts, isomers, and salts | 575 |
of isomers is possible within the specific chemical designation: | 576 |
(1) Alprazolam; | 577 |
(2) Barbital; | 578 |
(3) Bromazepam; | 579 |
(4) Camazepam; | 580 |
(5) Chloral betaine; | 581 |
(6) Chloral hydrate; | 582 |
(7) Chlordiazepoxide; | 583 |
(8) Clobazam; | 584 |
(9) Clonazepam; | 585 |
(10) Clorazepate; | 586 |
(11) Clotiazepam; | 587 |
(12) Cloxazolam; | 588 |
(13) Delorazepam; | 589 |
(14) Diazepam; | 590 |
(15) Estazolam; | 591 |
(16) Ethchlorvynol; | 592 |
(17) Ethinamate; | 593 |
(18) Ethyl loflazepate; | 594 |
(19) Fludiazepam; | 595 |
(20) Flunitrazepam; | 596 |
(21) Flurazepam; | 597 |
(22) Halazepam; | 598 |
(23) Haloxazolam; | 599 |
(24) Ketazolam; | 600 |
(25) Loprazolam; | 601 |
(26) Lorazepam; | 602 |
(27) Lormetazepam; | 603 |
(28) Mebutamate; | 604 |
(29) Medazepam; | 605 |
(30) Meprobamate; | 606 |
(31) Methohexital; | 607 |
(32) Methylphenobarbital (mephobarbital); | 608 |
(33) Midazolam; | 609 |
(34) Nimetazepam; | 610 |
(35) Nitrazepam; | 611 |
(36) Nordiazepam; | 612 |
(37) Oxazepam; | 613 |
(38) Oxazolam; | 614 |
(39) Paraldehyde; | 615 |
(40) Petrichloral; | 616 |
(41) Phenobarbital; | 617 |
(42) Pinazepam; | 618 |
(43) Prazepam; | 619 |
(44) Quazepam; | 620 |
(45) Temazepam; | 621 |
(46) Tetrazepam; | 622 |
(47) Triazolam; | 623 |
(48) Zaleplon; | 624 |
(49) Zolpidem. | 625 |
(C) Fenfluramine | 626 |
Any material, compound, mixture, or preparation that contains | 627 |
any quantity of the following substances, including their salts, | 628 |
their optical isomers, position isomers, or geometric isomers, and | 629 |
salts of these isomers, whenever the existence of these salts, | 630 |
isomers, and salts of isomers is possible within the specific | 631 |
chemical designation: | 632 |
(1) Fenfluramine. | 633 |
(D) Stimulants | 634 |
Unless specifically excepted under federal drug abuse control | 635 |
laws or unless listed in another schedule, any material, compound, | 636 |
mixture, or preparation that contains any quantity of the | 637 |
following substances having a stimulant effect on the central | 638 |
nervous system, including their salts, their optical isomers, | 639 |
position isomers, or geometric isomers, and salts of these | 640 |
isomers, whenever the existence of these salts, isomers, and salts | 641 |
of isomers is possible within the specific chemical designation: | 642 |
(1) Cathine ((+)-norpseudoephedrine); | 643 |
(2) Diethylpropion; | 644 |
(3) Fencamfamin; | 645 |
(4) Fenproporex; | 646 |
(5) Mazindol; | 647 |
(6) Mefenorex; | 648 |
(7) Modafinil; | 649 |
(8) Pemoline (including organometallic complexes and chelates | 650 |
thereof); | 651 |
(9) Phentermine; | 652 |
(10) Pipradrol; | 653 |
(11) Sibutramine; | 654 |
(12) SPA [(-)-1-dimethylamino-1,2-diphenylethane]. | 655 |
(E) Other substances | 656 |
Unless specifically excepted under federal drug abuse control | 657 |
laws or unless listed in another schedule, any material, compound, | 658 |
mixture, or preparation that contains any quantity of the | 659 |
following substances, including their salts: | 660 |
(1) Pentazocine; | 661 |
(2) Butorphanol (including its optical isomers). | 662 |
663 | |
(A) Narcotic drugs | 664 |
Unless specifically excepted under federal drug abuse control | 665 |
laws or unless listed in another schedule, any material, compound, | 666 |
mixture, or preparation that contains any of the following | 667 |
narcotic drugs, and their salts, as set forth below: | 668 |
(1) Buprenorphine. | 669 |
(B) Narcotics-narcotic preparations | 670 |
Narcotic drugs containing non-narcotic active medicinal | 671 |
ingredients. Any compound, mixture, or preparation that contains | 672 |
any of the following narcotic drugs, or their salts calculated as | 673 |
the free anhydrous base or alkaloid, in limited quantities as set | 674 |
forth below, and that includes one or more nonnarcotic active | 675 |
medicinal ingredients in sufficient proportion to confer upon the | 676 |
compound, mixture, or preparation valuable medicinal qualities | 677 |
other than those possessed by narcotic drugs alone: | 678 |
(1) Not more than 200 milligrams of codeine per 100 | 679 |
milliliters or per 100 grams; | 680 |
(2) Not more than 100 milligrams of dihydrocodeine per 100 | 681 |
milliliters or per 100 grams; | 682 |
(3) Not more than 100 milligrams of ethylmorphine per 100 | 683 |
milliliters or per 100 grams; | 684 |
(4) Not more than 2.5 milligrams of diphenoxylate and not | 685 |
less than 25 micrograms of atropine sulfate per dosage unit; | 686 |
(5) Not more than 100 milligrams of opium per 100 milliliters | 687 |
or per 100 grams; | 688 |
(6) Not more than 0.5 milligram of difenoxin and not less | 689 |
than 25 micrograms of atropine sulfate per dosage unit. | 690 |
(C) Stimulants | 691 |
Unless specifically exempted or excluded under federal drug | 692 |
abuse control laws or unless listed in another schedule, any | 693 |
material, compound, mixture, or preparation that contains any | 694 |
quantity of the following substances having a stimulant effect on | 695 |
the central nervous system, including their salts, isomers, and | 696 |
salts of isomers: | 697 |
(1) Ephedrine, except as provided in division (K) of section | 698 |
3719.44 of the Revised Code; | 699 |
(2) Pyrovalerone. | 700 |
Sec. 4715.033. (A) All subpoenas the state dental board | 701 |
seeks to issue with respect to an investigation shall, subject to | 702 |
division (B) of this section, be authorized by the supervisory | 703 |
investigative panel. | 704 |
(B) Before the supervisory investigative panel authorizes the | 705 |
board to issue a subpoena, the panel shall consult with the office | 706 |
of the attorney general and determine whether there is probable | 707 |
cause to believe that the complaint filed alleges a violation of | 708 |
this chapter or any rule adopted under it and that the information | 709 |
sought pursuant to the subpoena is relevant to the alleged | 710 |
violation and material to the investigation. | 711 |
(C)(1) Any subpoena to compel the production of records that | 712 |
the board issues after authorization by the supervisory | 713 |
investigative panel shall pertain to records that cover a | 714 |
reasonable period of time surrounding the alleged violation. | 715 |
(2)(a) Except as provided in division (C)(2)(b) of this | 716 |
section, the subpoena shall state that the person being subpoenaed | 717 |
has a reasonable period of time that is not less than | 718 |
calendar days to comply with the subpoena. | 719 |
(b) If the board's secretary determines that the person being | 720 |
subpoenaed represents a clear and immediate danger to the public | 721 |
health and safety, the subpoena shall state that the person being | 722 |
subpoenaed must immediately comply with the subpoena. | 723 |
(D) On a person's failure to comply with a subpoena issued by | 724 |
the board and after reasonable notice to that person of the | 725 |
failure, the board may move for an order compelling the production | 726 |
of persons or records pursuant to the Rules of Civil Procedure. | 727 |
Sec. 4715.034. (A) At any time during an investigation, the | 728 |
supervisory investigative panel may ask to meet with the | 729 |
individual who is the subject of the investigation. At the | 730 |
conclusion of the investigation, the panel shall recommend that | 731 |
the state dental board do one of the following: | 732 |
(1) Pursue disciplinary action under section 4715.30 of the | 733 |
Revised Code; | 734 |
(2) Seek an injunction under section 4715.05 of the Revised | 735 |
Code; | 736 |
(3) Enter into a consent agreement if the subject of the | 737 |
investigation is a licensee; | 738 |
(4) Refer the individual to the quality intervention program, | 739 |
if that program is developed and implemented under section | 740 |
4715.031 of the Revised Code and the subject of the investigation | 741 |
is a licensee; | 742 |
(5) Terminate the investigation. | 743 |
(B) The supervisory investigative panel's recommendation | 744 |
shall be in writing and specify the reasons for the | 745 |
recommendation. Except as provided in section 4715.035 of the | 746 |
Revised Code, the panel shall make its recommendation not later | 747 |
than one year after the date the panel begins to supervise the | 748 |
investigation or, if the investigation pertains to an alleged | 749 |
violation of division (A) | 750 |
Code, not later than two years after the panel begins to supervise | 751 |
the investigation. | 752 |
Once the panel makes its recommendation, the members of the | 753 |
panel shall not participate in any deliberations the board has on | 754 |
the case. | 755 |
Sec. 4715.30. (A) An applicant for or holder of a | 756 |
certificate or license issued under this chapter is subject to | 757 |
disciplinary action by the state dental board for any of the | 758 |
following reasons: | 759 |
(1) Employing or cooperating in fraud or material deception | 760 |
in applying for or obtaining a license or certificate; | 761 |
(2) Obtaining or attempting to obtain money or anything of | 762 |
value by intentional misrepresentation or material deception in | 763 |
the course of practice; | 764 |
(3) Advertising services in a false or misleading manner or | 765 |
violating the board's rules governing time, place, and manner of | 766 |
advertising; | 767 |
(4) Commission of an act that constitutes a felony in this | 768 |
state, regardless of the jurisdiction in which the act was | 769 |
committed; | 770 |
(5) Commission of an act in the course of practice that | 771 |
constitutes a misdemeanor in this state, regardless of the | 772 |
jurisdiction in which the act was committed; | 773 |
| 774 |
of guilt of, a judicial finding of guilt resulting from a plea of | 775 |
no contest to, or a judicial finding of eligibility for | 776 |
intervention in lieu of conviction for, any felony or of a | 777 |
misdemeanor committed in the course of practice | 778 |
| 779 |
the provision of dental services; | 780 |
| 781 |
drugs for other than legal and legitimate therapeutic purposes, or | 782 |
conviction of | 783 |
of guilt of, a judicial finding of guilt resulting from a plea of | 784 |
no contest to, or a judicial finding of eligibility for | 785 |
intervention in lieu of conviction for, a violation of any | 786 |
787 | |
possession, distribution, or use of any drug; | 788 |
| 789 |
function dental auxiliaries, or other practitioners of auxiliary | 790 |
dental occupations working under the certificate or license | 791 |
holder's supervision, or a dentist holding a temporary limited | 792 |
continuing education license under division (C) of section 4715.16 | 793 |
of the Revised Code working under the certificate or license | 794 |
holder's direct supervision, to provide dental care that departs | 795 |
from or fails to conform to accepted standards for the profession, | 796 |
whether or not injury to a patient results; | 797 |
| 798 |
profession because of physical or mental disability, dependence on | 799 |
alcohol or other drugs, or excessive use of alcohol or other | 800 |
drugs; | 801 |
| 802 |
rule adopted thereunder; | 803 |
| 804 |
precautions established by rules adopted under section 4715.03 of | 805 |
the Revised Code; | 806 |
| 807 |
either of the following: | 808 |
(a) Waiving the payment of all or any part of a deductible or | 809 |
copayment that a patient, pursuant to a health insurance or health | 810 |
care policy, contract, or plan that covers dental services, would | 811 |
otherwise be required to pay if the waiver is used as an | 812 |
enticement to a patient or group of patients to receive health | 813 |
care services from that | 814 |
| 815 |
will waive the payment of all or any part of a deductible or | 816 |
copayment that a patient, pursuant to a health insurance or health | 817 |
care policy, contract, or plan that covers dental services, would | 818 |
otherwise be required to pay | 819 |
| 820 |
Revised Code, unless the state board of pharmacy no longer | 821 |
maintains a drug database pursuant to section 4729.75 of the | 822 |
Revised Code; | 823 |
(15) Any of the following actions taken by an agency | 824 |
responsible for authorizing, certifying, or regulating an | 825 |
individual to practice a health care occupation or provide health | 826 |
care services in this state or another jurisdiction, for any | 827 |
reason other than the nonpayment of fees: the limitation, | 828 |
revocation, or suspension of an individual's license to practice; | 829 |
acceptance of an individual's license surrender; denial of a | 830 |
license; refusal to renew or reinstate a license; imposition of | 831 |
probation; or issuance of an order of censure or other reprimand; | 832 |
(16) Failure to cooperate in an investigation conducted by | 833 |
the board under division (D) of section 4715.03 of the Revised | 834 |
Code, including failure to comply with a subpoena or order issued | 835 |
by the board or failure to answer truthfully a question presented | 836 |
by the board at a deposition or in written interrogatories, except | 837 |
that failure to cooperate with an investigation shall not | 838 |
constitute grounds for discipline under this section if a court of | 839 |
competent jurisdiction has issued an order that either quashes a | 840 |
subpoena or permits the individual to withhold the testimony or | 841 |
evidence in issue. | 842 |
(B) A manager, proprietor, operator, or conductor of a dental | 843 |
facility shall be subject to disciplinary action if any dentist, | 844 |
dental hygienist, expanded function dental auxiliary, or qualified | 845 |
personnel providing services in the facility is found to have | 846 |
committed a violation listed in division (A) of this section and | 847 |
the manager, proprietor, operator, or conductor knew of the | 848 |
violation and permitted it to occur on a recurring basis. | 849 |
(C) Subject to Chapter 119. of the Revised Code, the board | 850 |
may take one or more of the following disciplinary actions if one | 851 |
or more of the grounds for discipline listed in divisions (A) and | 852 |
(B) of this section exist: | 853 |
(1) Censure the license or certificate holder; | 854 |
(2) Place the license or certificate on probationary status | 855 |
for such period of time the board determines necessary and require | 856 |
the holder to: | 857 |
(a) Report regularly to the board upon the matters which are | 858 |
the basis of probation; | 859 |
(b) Limit practice to those areas specified by the board; | 860 |
(c) Continue or renew professional education until a | 861 |
satisfactory degree of knowledge or clinical competency has been | 862 |
attained in specified areas. | 863 |
(3) Suspend the certificate or license; | 864 |
(4) Revoke the certificate or license. | 865 |
Where the board places a holder of a license or certificate | 866 |
on probationary status pursuant to division (C)(2) of this | 867 |
section, the board may subsequently suspend or revoke the license | 868 |
or certificate if it determines that the holder has not met the | 869 |
requirements of the probation or continues to engage in activities | 870 |
that constitute grounds for discipline pursuant to division (A) or | 871 |
(B) of this section. | 872 |
Any order suspending a license or certificate shall state the | 873 |
conditions under which the license or certificate will be | 874 |
restored, which may include a conditional restoration during which | 875 |
time the holder is in a probationary status pursuant to division | 876 |
(C)(2) of this section. The board shall restore the license or | 877 |
certificate unconditionally when such conditions are met. | 878 |
(D) If the physical or mental condition of an applicant or a | 879 |
license or certificate holder is at issue in a disciplinary | 880 |
proceeding, the board may order the license or certificate holder | 881 |
to submit to reasonable examinations by an individual designated | 882 |
or approved by the board and at the board's expense. The physical | 883 |
examination may be conducted by any individual authorized by the | 884 |
Revised Code to do so, including a physician assistant, a clinical | 885 |
nurse specialist, a certified nurse practitioner, or a certified | 886 |
nurse-midwife. Any written documentation of the physical | 887 |
examination shall be completed by the individual who conducted the | 888 |
examination. | 889 |
Failure to comply with an order for an examination shall be | 890 |
grounds for refusal of a license or certificate or summary | 891 |
suspension of a license or certificate under division (E) of this | 892 |
section. | 893 |
(E) If | 894 |
certificate holder | 895 |
896 | |
897 | |
under division (D) of this section, the board may apply to the | 898 |
court of common pleas of the county in which the holder resides | 899 |
for an order temporarily suspending the holder's license or | 900 |
certificate, without a prior hearing being afforded by the board, | 901 |
until the board conducts an adjudication hearing pursuant to | 902 |
Chapter 119. of the Revised Code. If the court temporarily | 903 |
suspends a holder's license or certificate, the board shall give | 904 |
written notice of the suspension personally or by certified mail | 905 |
to the license or certificate holder. Such notice shall | 906 |
907 | |
908 | |
license or certificate holder of the right to a hearing pursuant | 909 |
to Chapter 119. of the Revised Code. | 910 |
(F) Any holder of a certificate or license issued under this | 911 |
chapter who has pleaded guilty to, has been convicted of, or has | 912 |
had a judicial finding of eligibility for intervention in lieu of | 913 |
conviction entered against the holder in this state for aggravated | 914 |
murder, murder, voluntary manslaughter, felonious assault, | 915 |
kidnapping, rape, sexual battery, gross sexual imposition, | 916 |
aggravated arson, aggravated robbery, or aggravated burglary, or | 917 |
who has pleaded guilty to, has been convicted of, or has had a | 918 |
judicial finding of eligibility for treatment or intervention in | 919 |
lieu of conviction entered against the holder in another | 920 |
jurisdiction for any substantially equivalent criminal offense, is | 921 |
automatically suspended from practice under this chapter in this | 922 |
state and any certificate or license issued to the holder under | 923 |
this chapter is automatically suspended, as of the date of the | 924 |
guilty plea, conviction, or judicial finding, whether the | 925 |
proceedings are brought in this state or another jurisdiction. | 926 |
Continued practice by an individual after the suspension of the | 927 |
individual's certificate or license under this division shall be | 928 |
considered practicing without a certificate or license. The board | 929 |
shall notify the suspended individual of the suspension of the | 930 |
individual's certificate or license under this division by | 931 |
certified mail or in person in accordance with section 119.07 of | 932 |
the Revised Code. If an individual whose certificate or license is | 933 |
suspended under this division fails to make a timely request for | 934 |
an adjudicatory hearing, the board shall enter a final order | 935 |
revoking the individual's certificate or license. | 936 |
(G) | 937 |
938 | |
determines both of the following, the panel may recommend that the | 939 |
board suspend an individual's certificate or license without a | 940 |
prior hearing: | 941 |
(1) That there is clear and convincing evidence that an | 942 |
individual has violated division (A) of this section; | 943 |
(2) That the individual's continued practice presents a | 944 |
danger of immediate and serious harm to the public. | 945 |
Written allegations shall be prepared for consideration by | 946 |
the board. The board, upon review of those allegations and by an | 947 |
affirmative vote of not fewer than four dentist members of the | 948 |
board and seven of its members in total, excluding any member on | 949 |
the supervisory investigative panel, may suspend a certificate or | 950 |
license without a prior hearing. A telephone conference call may | 951 |
be utilized for reviewing the allegations and taking the vote on | 952 |
the summary suspension. | 953 |
The board shall issue a written order of suspension by | 954 |
certified mail or in person in accordance with section 119.07 of | 955 |
the Revised Code. The order shall not be subject to suspension by | 956 |
the court during pendency or any appeal filed under section 119.12 | 957 |
of the Revised Code. If the individual subject to the summary | 958 |
suspension requests an adjudicatory hearing by the board, the date | 959 |
set for the hearing shall be within fifteen days, but not earlier | 960 |
than seven days, after the individual requests the hearing, unless | 961 |
otherwise agreed to by both the board and the individual. | 962 |
Any summary suspension imposed under this division shall | 963 |
remain in effect, unless reversed on appeal, until a final | 964 |
adjudicative order issued by the board pursuant to this section | 965 |
and Chapter 119. of the Revised Code becomes effective. The board | 966 |
shall issue its final adjudicative order within seventy-five days | 967 |
after completion of its hearing. A failure to issue the order | 968 |
within seventy-five days shall result in dissolution of the | 969 |
summary suspension order but shall not invalidate any subsequent, | 970 |
final adjudicative order. | 971 |
(H) Sanctions shall not be imposed under division (A)(13) of | 972 |
this section against any | 973 |
who waives deductibles and copayments as follows: | 974 |
(1) In compliance with the health benefit plan that expressly | 975 |
allows such a practice. Waiver of the deductibles or copayments | 976 |
shall be made only with the full knowledge and consent of the plan | 977 |
purchaser, payer, and third-party administrator. | 978 |
Documentation of the consent shall be made available to the board | 979 |
upon request. | 980 |
(2) For professional services rendered to any other person | 981 |
982 | |
this chapter to the extent allowed by this chapter and the rules | 983 |
of the board. | 984 |
| 985 |
hearing required by Chapter 119. of the Revised Code the | 986 |
circumstances of, or the fact that the board has received, one or | 987 |
more complaints about a person unless the one or more complaints | 988 |
are the subject of the hearing or resulted in the board taking an | 989 |
action authorized by this section against the person on a prior | 990 |
occasion. | 991 |
(J) The board may share any information it receives pursuant | 992 |
to an investigation under division (D) of section 4715.03 of the | 993 |
Revised Code, including patient records and patient record | 994 |
information, with law enforcement agencies, other licensing | 995 |
boards, and other governmental agencies that are prosecuting, | 996 |
adjudicating, or investigating alleged violations of statutes or | 997 |
administrative rules. An agency or board that receives the | 998 |
information shall comply with the same requirements regarding | 999 |
confidentiality as those with which the state dental board must | 1000 |
comply, notwithstanding any conflicting provision of the Revised | 1001 |
Code or procedure of the agency or board that applies when it is | 1002 |
dealing with other information in its possession. In a judicial | 1003 |
proceeding, the information may be admitted into evidence only in | 1004 |
accordance with the Rules of Evidence, but the court shall require | 1005 |
that appropriate measures are taken to ensure that confidentiality | 1006 |
is maintained with respect to any part of the information that | 1007 |
contains names or other identifying information about patients or | 1008 |
complainants whose confidentiality was protected by the state | 1009 |
dental board when the information was in the board's possession. | 1010 |
Measures to ensure confidentiality that may be taken by the court | 1011 |
include sealing its records or deleting specific information from | 1012 |
its records. | 1013 |
Sec. 4715.301. The state dental board shall adopt rules in | 1014 |
accordance with Chapter 119. of the Revised Code establishing | 1015 |
standards for approving and designating physicians and facilities | 1016 |
as treatment providers for dentists or dental hygienists with | 1017 |
substance abuse problems and shall approve and designate treatment | 1018 |
providers in accordance with the rules. The rules shall include | 1019 |
standards for both inpatient and outpatient treatment. The rules | 1020 |
shall provide that to be approved, a treatment provider must be | 1021 |
capable of making an initial examination to determine the type of | 1022 |
treatment required for a dentist or dental hygienist with | 1023 |
substance abuse problems. Subject to the rules, the board shall | 1024 |
review and approve treatment providers on a regular basis and may, | 1025 |
at its discretion, withdraw or deny approval. | 1026 |
An approved treatment provider shall: | 1027 |
(A) Report to the board the name of any dentist or dental | 1028 |
hygienist suffering or showing evidence of suffering inability to | 1029 |
practice under accepted standards as described in division | 1030 |
(A) | 1031 |
comply within one week with a referral for examination; | 1032 |
(B) Report to the board the name of any impaired dentist or | 1033 |
dental hygienist who fails to enter treatment within forty-eight | 1034 |
hours following the provider's determination that treatment is | 1035 |
needed; | 1036 |
(C) Require every dentist or dental hygienist who enters | 1037 |
treatment to agree to a treatment contract establishing the terms | 1038 |
of treatment and aftercare, including any required supervision or | 1039 |
restrictions of practice during treatment or aftercare; | 1040 |
(D) Require a dentist or dental hygienist to suspend practice | 1041 |
on entering any required inpatient treatment; | 1042 |
(E) Report to the board any failure by an impaired dentist or | 1043 |
dental hygienist to comply with the terms of the treatment | 1044 |
contract during inpatient or outpatient treatment or aftercare; | 1045 |
(F) Report to the board the resumption of practice of any | 1046 |
impaired dentist or dental hygienist before the treatment provider | 1047 |
has made a clear determination that the individual is capable of | 1048 |
practicing according to accepted standards of the profession; | 1049 |
(G) Require a dentist or dental hygienist who resumes | 1050 |
practice after completion of treatment to comply with an aftercare | 1051 |
contract that meets the requirements of rules adopted by the board | 1052 |
for approval of treatment providers; | 1053 |
(H) Report to the board any dentist or dental hygienist who | 1054 |
suffers a relapse at any time during or following aftercare. | 1055 |
Any dentist or dental hygienist who enters into treatment by | 1056 |
an approved treatment provider shall be deemed to have waived any | 1057 |
confidentiality requirements that would otherwise prevent the | 1058 |
treatment provider from making reports required under this | 1059 |
section. | 1060 |
In the absence of fraud or bad faith, no professional | 1061 |
association of dentists or dental hygienists licensed under this | 1062 |
chapter that sponsors a committee or program to provide peer | 1063 |
assistance to dentists or dental hygienists with substance abuse | 1064 |
problems, no representative or agent of such a committee or | 1065 |
program, and no member of the state dental board shall be liable | 1066 |
to any person for damages in a civil action by reason of actions | 1067 |
taken to refer a dentist or dental hygienist to a treatment | 1068 |
provider designated by the board or actions or omissions of the | 1069 |
provider in treating a dentist or dental hygienist. | 1070 |
In the absence of fraud or bad faith, no person who reports | 1071 |
to the board a dentist or dental hygienist with a suspected | 1072 |
substance abuse problem shall be liable to any person for damages | 1073 |
in a civil action as a result of making the report. | 1074 |
Sec. 4715.302. (A) As used in this section, "drug database" | 1075 |
means the database established and maintained by the state board | 1076 |
of pharmacy pursuant to section 4729.75 of the Revised Code. | 1077 |
(B) The state dental board shall adopt rules in accordance | 1078 |
with Chapter 119. of the Revised Code that establish standards and | 1079 |
procedures to be followed by a dentist regarding the review of | 1080 |
patient information available through the drug database under | 1081 |
division (A)(5) of section 4729.80 of the Revised Code. | 1082 |
(C) This section and the rules adopted under it do not apply | 1083 |
if the state board of pharmacy no longer maintains the drug | 1084 |
database. | 1085 |
Sec. 4723.487. (A) As used in this section, "drug database" | 1086 |
means the database established and maintained by the state board | 1087 |
of pharmacy pursuant to section 4729.75 of the Revised Code. | 1088 |
(B) The board of nursing shall adopt rules in accordance with | 1089 |
Chapter 119. of the Revised Code that establish standards and | 1090 |
procedures to be followed by an advanced practice nurse with a | 1091 |
certificate to prescribe issued under section 4723.48 of the | 1092 |
Revised Code regarding the review of patient information available | 1093 |
through the drug database under division (A)(5) of section 4729.80 | 1094 |
of the Revised Code. | 1095 |
(C) This section and the rules adopted under it do not apply | 1096 |
if the state board of pharmacy no longer maintains the drug | 1097 |
database. | 1098 |
Sec. 4725.092. (A) As used in this section, "drug database" | 1099 |
means the database established and maintained by the state board | 1100 |
of pharmacy pursuant to section 4729.75 of the Revised Code. | 1101 |
(B) The state board of optometry shall adopt rules in | 1102 |
accordance with Chapter 119. of the Revised Code that establish | 1103 |
standards and procedures to be followed by an optometrist who | 1104 |
holds a therapeutic pharmaceutical agents certificate regarding | 1105 |
the review of patient information available through the drug | 1106 |
database under division (A)(5) of section 4729.80 of the Revised | 1107 |
Code. | 1108 |
(C) This section and the rules adopted under it do not apply | 1109 |
if the state board of pharmacy no longer maintains the drug | 1110 |
database. | 1111 |
Sec. 4729.162. (A) As used in this section, "drug database" | 1112 |
means the database established and maintained by the state board | 1113 |
of pharmacy pursuant to section 4729.75 of the Revised Code. | 1114 |
(B) The state board of pharmacy shall adopt rules in | 1115 |
accordance with Chapter 119. of the Revised Code that establish | 1116 |
standards and procedures to be followed by a pharmacist regarding | 1117 |
the review of patient information available through the drug | 1118 |
database under division (A)(6) of section 4729.80 of the Revised | 1119 |
Code. | 1120 |
(C) This section and the rules adopted under it do not apply | 1121 |
if the board no longer maintains the drug database. | 1122 |
Sec. 4729.291. (A) When a licensed health professional | 1123 |
authorized to prescribe drugs personally furnishes drugs to a | 1124 |
patient pursuant to division (B) of section 4729.29 of the Revised | 1125 |
Code, the prescriber shall ensure that the drugs are labeled and | 1126 |
packaged in accordance with state and federal drug laws and any | 1127 |
rules and regulations adopted pursuant to those laws. Records of | 1128 |
purchase and disposition of all drugs personally furnished to | 1129 |
patients shall be maintained by the prescriber in accordance with | 1130 |
state and federal drug statutes and any rules adopted pursuant to | 1131 |
those statutes. | 1132 |
(B) When personally furnishing to a patient RU-486 | 1133 |
(mifepristone), a prescriber is subject to section 2919.123 of the | 1134 |
Revised Code. A prescription for RU-486 (mifepristone) shall be in | 1135 |
writing and in accordance with section 2919.123 of the Revised | 1136 |
Code. | 1137 |
(C)(1) Except as provided in division | 1138 |
section, a prescriber may not do either of the following: | 1139 |
(a) In any thirty-day period, personally furnish to | 1140 |
for patients, taken as a whole, controlled substances in an amount | 1141 |
that exceeds a total of two thousand five hundred dosage units; | 1142 |
(b) In any seventy-two-hour period, personally furnish to or | 1143 |
for a patient an amount of a controlled substance that exceeds the | 1144 |
amount necessary for the patient's use in a seventy-two-hour | 1145 |
period. | 1146 |
(2) | 1147 |
1148 |
| 1149 |
| 1150 |
1151 | |
1152 |
| 1153 |
than five thousand dollars on a prescriber who fails to comply | 1154 |
with the limits established under division (C)(1) of this section. | 1155 |
A separate fine may be imposed for each instance of failing to | 1156 |
comply with the limits. In imposing the fine, the board's actions | 1157 |
shall be taken in accordance with Chapter 119. of the Revised | 1158 |
Code. | 1159 |
(D)(1) None of the following shall be counted in determining | 1160 |
whether the amounts specified in division (C)(1) of this section | 1161 |
have been exceeded: | 1162 |
(a) Methadone provided to patients for the purpose of | 1163 |
treating drug addiction, if the prescriber meets the conditions | 1164 |
specified in 21 C.F.R. 1306.07; | 1165 |
(b) Buprenorphine provided to patients for the purpose of | 1166 |
treating drug addiction, if the prescriber is exempt from separate | 1167 |
registration with the United States drug enforcement | 1168 |
administration pursuant to 21 C.F.R. 1301.28; | 1169 |
(c) Controlled substances provided to research subjects by a | 1170 |
facility conducting clinical research in studies approved by a | 1171 |
hospital-based institutional review board or an institutional | 1172 |
review board accredited by the association for the accreditation | 1173 |
of human research protection programs. | 1174 |
(2) Division (C)(1) of this section does not apply to a | 1175 |
prescriber who is a veterinarian. | 1176 |
Sec. 4729.51. (A) No person other than a registered | 1177 |
wholesale distributor of dangerous drugs shall possess for sale, | 1178 |
sell, distribute, or deliver, at wholesale, dangerous drugs, | 1179 |
except as follows: | 1180 |
(1) A pharmacist who is a licensed terminal distributor of | 1181 |
dangerous drugs or who is employed by a licensed terminal | 1182 |
distributor of dangerous drugs may make occasional sales of | 1183 |
dangerous drugs at wholesale; | 1184 |
(2) A licensed terminal distributor of dangerous drugs having | 1185 |
more than one establishment or place may transfer or deliver | 1186 |
dangerous drugs from one establishment or place for which a | 1187 |
license has been issued to the terminal distributor to another | 1188 |
establishment or place for which a license has been issued to the | 1189 |
terminal distributor if the license issued for each establishment | 1190 |
or place is in effect at the time of the transfer or delivery. | 1191 |
(B)(1) No registered wholesale distributor of dangerous drugs | 1192 |
shall possess for sale, or sell, at wholesale, dangerous drugs to | 1193 |
any person other than the following: | 1194 |
(a) Except as provided in division (B) | 1195 |
section, a licensed health professional authorized to prescribe | 1196 |
drugs; | 1197 |
(b) An optometrist licensed under Chapter 4725. of the | 1198 |
Revised Code who holds a topical ocular pharmaceutical agents | 1199 |
certificate; | 1200 |
(c) A registered wholesale distributor of dangerous drugs; | 1201 |
(d) A manufacturer of dangerous drugs; | 1202 |
(e) Subject to division (B)(3) of this section, a licensed | 1203 |
terminal distributor of dangerous drugs; | 1204 |
(f) Carriers or warehouses for the purpose of carriage or | 1205 |
storage; | 1206 |
(g) Terminal or wholesale distributors of dangerous drugs who | 1207 |
are not engaged in the sale of dangerous drugs within this state; | 1208 |
(h) An individual who holds a current license, certificate, | 1209 |
or registration issued under Title 47 of the Revised Code and has | 1210 |
been certified to conduct diabetes education by a national | 1211 |
certifying body specified in rules adopted by the state board of | 1212 |
pharmacy under section 4729.68 of the Revised Code, but only with | 1213 |
respect to insulin that will be used for the purpose of diabetes | 1214 |
education and only if diabetes education is within the | 1215 |
individual's scope of practice under statutes and rules regulating | 1216 |
the individual's profession; | 1217 |
(i) An individual who holds a valid certificate issued by a | 1218 |
nationally recognized S.C.U.B.A. diving certifying organization | 1219 |
approved by the state board of pharmacy in rule, but only with | 1220 |
respect to medical oxygen that will be used for the purpose of | 1221 |
emergency care or treatment at the scene of a diving emergency; | 1222 |
(j) Except as provided in division (B)(2)(b) of this section, | 1223 |
a business entity that is a corporation formed under division (B) | 1224 |
of section 1701.03 of the Revised Code, a limited liability | 1225 |
company formed under Chapter 1705. of the Revised Code, or a | 1226 |
professional association formed under Chapter 1785. of the Revised | 1227 |
Code if the entity has a sole shareholder who is a licensed health | 1228 |
professional authorized to prescribe drugs and is authorized to | 1229 |
provide the professional services being offered by the entity; | 1230 |
(k) Except as provided in division (B)(2)(c) of this section, | 1231 |
a business entity that is a corporation formed under division (B) | 1232 |
of section 1701.03 of the Revised Code, a limited liability | 1233 |
company formed under Chapter 1705. of the Revised Code, a | 1234 |
partnership or a limited liability partnership formed under | 1235 |
Chapter 1775. of the Revised Code, or a professional association | 1236 |
formed under Chapter 1785. of the Revised Code, if, to be a | 1237 |
shareholder, member, or partner, an individual is required to be | 1238 |
licensed, certified, or otherwise legally authorized under Title | 1239 |
XLVII of the Revised Code to perform the professional service | 1240 |
provided by the entity and each such individual is a licensed | 1241 |
health professional authorized to prescribe drugs. | 1242 |
(2) No registered | 1243 |
dangerous drugs shall possess for sale, or sell, at wholesale, | 1244 |
dangerous drugs to any of the following: | 1245 |
(a) A prescriber who is employed by a pain management clinic | 1246 |
that is not licensed as a terminal distributor of dangerous drugs | 1247 |
with a pain management clinic classification issued under section | 1248 |
4729.552 of the Revised Code; | 1249 |
(b) A business entity described in division (B)(1)(j) of this | 1250 |
section that is, or is operating, a pain management clinic without | 1251 |
a license as a terminal distributor of dangerous drugs with a pain | 1252 |
management clinic classification issued under section 4729.552 of | 1253 |
the Revised Code; | 1254 |
(c) A business entity described in division (B)(1)(k) of this | 1255 |
section that is, or is operating, a pain management clinic without | 1256 |
a license as a terminal distributor of dangerous drugs with a pain | 1257 |
management clinic classification issued under section 4729.552 of | 1258 |
the Revised Code. | 1259 |
(3) No registered wholesale distributor of dangerous drugs | 1260 |
shall possess dangerous drugs for sale at wholesale, or sell such | 1261 |
drugs at wholesale, to a licensed terminal distributor of | 1262 |
dangerous drugs, except as follows: | 1263 |
(a) In the case of a terminal distributor with a category I | 1264 |
license, only dangerous drugs described in category I, as defined | 1265 |
in division (A)(1) of section 4729.54 of the Revised Code; | 1266 |
(b) In the case of a terminal distributor with a category II | 1267 |
license, only dangerous drugs described in category I and category | 1268 |
II, as defined in divisions (A)(1) and (2) of section 4729.54 of | 1269 |
the Revised Code; | 1270 |
(c) In the case of a terminal distributor with a category III | 1271 |
license, dangerous drugs described in category I, category II, and | 1272 |
category III, as defined in divisions (A)(1), (2), and (3) of | 1273 |
section 4729.54 of the Revised Code; | 1274 |
(d) In the case of a terminal distributor with a limited | 1275 |
category I, II, or III license, only the dangerous drugs specified | 1276 |
in the certificate furnished by the terminal distributor in | 1277 |
accordance with section 4729.60 of the Revised Code. | 1278 |
(C)(1) Except as provided in division (C)(4) of this section, | 1279 |
no person shall sell, at retail, dangerous drugs. | 1280 |
(2) Except as provided in division (C)(4) of this section, no | 1281 |
person shall possess for sale, at retail, dangerous drugs. | 1282 |
(3) Except as provided in division (C)(4) of this section, no | 1283 |
person shall possess dangerous drugs. | 1284 |
(4) Divisions (C)(1), (2), and (3) of this section do not | 1285 |
apply to a registered wholesale distributor of dangerous drugs, a | 1286 |
licensed terminal distributor of dangerous drugs, or a person who | 1287 |
possesses, or possesses for sale or sells, at retail, a dangerous | 1288 |
drug in accordance with Chapters 3719., 4715., 4723., 4725., | 1289 |
4729., 4730., 4731., and 4741. of the Revised Code. | 1290 |
Divisions (C)(1), (2), and (3) of this section do not apply | 1291 |
to an individual who holds a current license, certificate, or | 1292 |
registration issued under Title XLVII of the Revised Code and has | 1293 |
been certified to conduct diabetes education by a national | 1294 |
certifying body specified in rules adopted by the state board of | 1295 |
pharmacy under section 4729.68 of the Revised Code, but only to | 1296 |
the extent that the individual possesses insulin or personally | 1297 |
supplies insulin solely for the purpose of diabetes education and | 1298 |
only if diabetes education is within the individual's scope of | 1299 |
practice under statutes and rules regulating the individual's | 1300 |
profession. | 1301 |
Divisions (C)(1), (2), and (3) of this section do not apply | 1302 |
to an individual who holds a valid certificate issued by a | 1303 |
nationally recognized S.C.U.B.A. diving certifying organization | 1304 |
approved by the state board of pharmacy in rule, but only to the | 1305 |
extent that the individual possesses medical oxygen or personally | 1306 |
supplies medical oxygen for the purpose of emergency care or | 1307 |
treatment at the scene of a diving emergency. | 1308 |
(D) No licensed terminal distributor of dangerous drugs shall | 1309 |
purchase for the purpose of resale dangerous drugs from any person | 1310 |
other than a registered wholesale distributor of dangerous drugs, | 1311 |
except as follows: | 1312 |
(1) A licensed terminal distributor of dangerous drugs may | 1313 |
make occasional purchases of dangerous drugs for resale from a | 1314 |
pharmacist who is a licensed terminal distributor of dangerous | 1315 |
drugs or who is employed by a licensed terminal distributor of | 1316 |
dangerous drugs; | 1317 |
(2) A licensed terminal distributor of dangerous drugs having | 1318 |
more than one establishment or place may transfer or receive | 1319 |
dangerous drugs from one establishment or place for which a | 1320 |
license has been issued to the terminal distributor to another | 1321 |
establishment or place for which a license has been issued to the | 1322 |
terminal distributor if the license issued for each establishment | 1323 |
or place is in effect at the time of the transfer or receipt. | 1324 |
(E) No licensed terminal distributor of dangerous drugs shall | 1325 |
engage in the sale or other distribution of dangerous drugs at | 1326 |
retail or maintain possession, custody, or control of dangerous | 1327 |
drugs for any purpose other than the distributor's personal use or | 1328 |
consumption, at any establishment or place other than that or | 1329 |
those described in the license issued by the state board of | 1330 |
pharmacy to such terminal distributor. | 1331 |
(F) Nothing in this section shall be construed to interfere | 1332 |
with the performance of official duties by any law enforcement | 1333 |
official authorized by municipal, county, state, or federal law to | 1334 |
collect samples of any drug, regardless of its nature or in whose | 1335 |
possession it may be. | 1336 |
Sec. 4729.552. (A) To be eligible to receive a license as a | 1337 |
category III terminal distributor of dangerous drugs with a pain | 1338 |
management clinic classification, an applicant shall submit | 1339 |
evidence satisfactory to the state board of pharmacy that the | 1340 |
applicant's pain management clinic will be operated in accordance | 1341 |
with the requirements specified in division (B) of this section | 1342 |
and that the applicant meets any other applicable requirements | 1343 |
1344 |
If the board determines that an applicant meets all of the | 1345 |
requirements, the board shall issue to the applicant a license as | 1346 |
a category III terminal distributor of dangerous drugs and specify | 1347 |
on the license that the terminal distributor is classified as a | 1348 |
pain management clinic. | 1349 |
(B) The holder of a terminal distributor license with a pain | 1350 |
management clinic classification shall do all of the following: | 1351 |
(1) Be in control of a facility that is owned and operated | 1352 |
solely by one or more physicians authorized under Chapter 4731. of | 1353 |
the Revised Code to practice medicine and surgery or osteopathic | 1354 |
medicine and surgery; | 1355 |
(2) Comply with the requirements for the operation of a pain | 1356 |
management clinic, as established by the state medical board in | 1357 |
rules adopted under section 4731.054 of the Revised Code; | 1358 |
(3) Ensure that any person employed by the facility complies | 1359 |
with the requirements for the operation of a pain management | 1360 |
clinic established by the state medical board in rules adopted | 1361 |
under section 4731.054 of the Revised Code; | 1362 |
| 1363 |
submit to a criminal records check in accordance with section | 1364 |
4776.02 of the Revised Code and send the results of the criminal | 1365 |
records check directly to the state board of pharmacy for review | 1366 |
and decision under section 4729.071 of the Revised Code; | 1367 |
| 1368 |
criminal records check in accordance with section 4776.02 of the | 1369 |
Revised Code and ensure that no person is employed who has | 1370 |
previously been convicted of, or pleaded guilty to, either of the | 1371 |
following: | 1372 |
(a) A theft offense, described in division (K)(3) of section | 1373 |
2913.01 of the Revised Code, that would constitute a felony under | 1374 |
the laws of this state, any other state, or the United States; | 1375 |
(b) A felony drug abuse offense, as defined in section | 1376 |
2925.01 of the Revised Code. | 1377 |
| 1378 |
facility and notify the state board of pharmacy of any change to | 1379 |
that list. | 1380 |
(C) No person shall operate a facility that under this | 1381 |
chapter is subject to licensure as a category III terminal | 1382 |
distributor of dangerous drugs with a pain management clinic | 1383 |
classification without obtaining and maintaining the license with | 1384 |
the classification. | 1385 |
No person who holds a category III license with a pain | 1386 |
management clinic classification shall fail to remain in | 1387 |
compliance with the requirements of division | 1388 |
section and any other applicable requirements | 1389 |
chapter | 1390 |
(D) The state board of pharmacy may impose a fine of not more | 1391 |
than five thousand dollars on a terminal distributor of dangerous | 1392 |
drugs license holder who violates division (C) of this section. A | 1393 |
separate fine may be imposed for each day the violation continues. | 1394 |
In imposing the fine, the board's actions shall be taken in | 1395 |
accordance with Chapter 119. of the Revised Code. | 1396 |
(E) The state board of pharmacy shall adopt rules as it | 1397 |
considers necessary to implement and administer this section. The | 1398 |
rules shall be adopted in accordance with Chapter 119. of the | 1399 |
Revised Code. | 1400 |
Sec. 4729.57. (A) The state board of pharmacy may suspend, | 1401 |
revoke, or refuse to grant or renew any license | 1402 |
terminal distributor of dangerous drugs | 1403 |
1404 | |
forfeiture not to exceed in severity any fine designated under the | 1405 |
Revised Code for a similar offense or one thousand dollars if the | 1406 |
acts committed have not been classified as an offense by the | 1407 |
Revised Code, for any of the following causes: | 1408 |
(1) Making any false material statements in an application | 1409 |
for a license as a terminal distributor of dangerous drugs; | 1410 |
(2) Violating any rule of the board; | 1411 |
(3) Violating any provision of this chapter; | 1412 |
(4) Violating any provision of the "Federal Food, Drug, and | 1413 |
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, or Chapter | 1414 |
3715. of the Revised Code; | 1415 |
(5) Violating any provision of the federal drug abuse control | 1416 |
laws or Chapter 2925. or 3719. of the Revised Code; | 1417 |
(6) Falsely or fraudulently promoting to the public a | 1418 |
dangerous drug, except that nothing in this division prohibits a | 1419 |
terminal distributor of dangerous drugs from furnishing | 1420 |
information concerning a dangerous drug to a health care provider | 1421 |
or another licensed terminal distributor; | 1422 |
(7) Ceasing to satisfy the qualifications of a terminal | 1423 |
distributor of dangerous drugs set forth in section 4729.55 of the | 1424 |
Revised Code; | 1425 |
(8) Except as provided in division (B) of this section: | 1426 |
(a) Waiving the payment of all or any part of a deductible or | 1427 |
copayment that an individual, pursuant to a health insurance or | 1428 |
health care policy, contract, or plan that covers the services | 1429 |
provided by a terminal distributor of dangerous drugs, would | 1430 |
otherwise be required to pay for the services if the waiver is | 1431 |
used as an enticement to a patient or group of patients to receive | 1432 |
pharmacy services from that terminal distributor; | 1433 |
(b) Advertising that the terminal distributor will waive the | 1434 |
payment of all or any part of a deductible or copayment that an | 1435 |
individual, pursuant to a health insurance or health care policy, | 1436 |
contract, or plan that covers the pharmaceutical services, would | 1437 |
otherwise be required to pay for the services. | 1438 |
(B) Sanctions shall not be imposed under division (A)(8) of | 1439 |
this section against any terminal distributor of dangerous drugs | 1440 |
that waives deductibles and copayments as follows: | 1441 |
(1) In compliance with a health benefit plan that expressly | 1442 |
allows such a practice. Waiver of the deductibles or copayments | 1443 |
shall be made only with the full knowledge and consent of the plan | 1444 |
purchaser, payer, and third-party administrator. Documentation of | 1445 |
the consent shall be made available to the board on request. | 1446 |
(2) For professional services rendered to any other person | 1447 |
licensed pursuant to this chapter to the extent allowed by this | 1448 |
chapter and the rules of the board. | 1449 |
(C)(1) Upon the suspension or revocation of a license issued | 1450 |
to a terminal distributor of dangerous drugs or the refusal by the | 1451 |
board to renew such a license, the distributor shall immediately | 1452 |
surrender the license to the board. | 1453 |
(2) The board may place under seal all dangerous drugs that | 1454 |
are owned by or in the possession, custody, or control of a | 1455 |
terminal distributor at the time the license is suspended or | 1456 |
revoked or at the time the board refuses to renew the license. | 1457 |
Except as otherwise provided in this division, dangerous drugs so | 1458 |
sealed shall not be disposed of until appeal rights under Chapter | 1459 |
119. of the Revised Code have expired or an appeal filed pursuant | 1460 |
to that chapter has been determined. | 1461 |
The court involved in an appeal filed pursuant to Chapter | 1462 |
119. of the Revised Code may order the board, during the pendency | 1463 |
of the appeal, to sell sealed dangerous drugs that are perishable. | 1464 |
The proceeds of such a sale shall be deposited with that court. | 1465 |
Sec. 4729.79. (A) If the state board of pharmacy establishes | 1466 |
and maintains a drug database pursuant to section 4729.75 of the | 1467 |
Revised Code, each licensed health professional authorized to | 1468 |
prescribe drugs, | 1469 |
division (C) of this section, who personally furnishes to a | 1470 |
patient a controlled substance or other dangerous drug the board | 1471 |
includes in the database pursuant to rules adopted under section | 1472 |
4729.84 of the Revised Code | 1473 |
submit to the board the following information: | 1474 |
(1) Prescriber identification; | 1475 |
(2) Patient identification; | 1476 |
(3) Date drug was furnished by the prescriber; | 1477 |
(4) Indication of whether the drug furnished is new or a | 1478 |
refill; | 1479 |
(5) Name, strength, and national drug code of drug furnished; | 1480 |
(6) Quantity of drug furnished; | 1481 |
(7) Number of days' supply of drug furnished; | 1482 |
(8) Source of payment for the drug furnished; | 1483 |
(9) Identification of the owner of the drug furnished. | 1484 |
(B)(1) The information shall be transmitted as specified by | 1485 |
the board in rules adopted under section 4729.84 of the Revised | 1486 |
Code. | 1487 |
(2) The information shall be submitted electronically in the | 1488 |
format specified by the board, except that the board may grant a | 1489 |
waiver allowing the prescriber to submit the information in | 1490 |
another format. | 1491 |
(3) The information shall be submitted in accordance with any | 1492 |
time limits specified by the board, except that the board may | 1493 |
grant an extension if either of the following occurs: | 1494 |
(a) The prescriber's transmission system suffers a mechanical | 1495 |
or electronic failure, or the prescriber cannot meet the deadline | 1496 |
for other reasons beyond the prescriber's control. | 1497 |
(b) The board is unable to receive electronic submissions. | 1498 |
(C)(1) The information required to be submitted under | 1499 |
division (A) of this section may be submitted on behalf of the | 1500 |
prescriber by the owner of the drug being personally furnished or | 1501 |
by a delegate approved by that owner. | 1502 |
(2) The requirements of this section to submit information to | 1503 |
the board do not apply to a prescriber who is a veterinarian. | 1504 |
(D) If the board becomes aware of a prescriber's failure to | 1505 |
comply with this section, the board shall notify the government | 1506 |
entity responsible for licensing the prescriber. | 1507 |
Sec. 4729.80. (A) If the state board of pharmacy establishes | 1508 |
and maintains a drug database pursuant to section 4729.75 of the | 1509 |
Revised Code, the board is authorized or required to provide | 1510 |
information from the database in accordance with the following: | 1511 |
(1) On receipt of a request from a designated representative | 1512 |
of a government entity responsible for the licensure, regulation, | 1513 |
or discipline of health care professionals with authority to | 1514 |
prescribe, administer, or dispense drugs, the board may provide to | 1515 |
the representative information from the database relating to the | 1516 |
professional who is the subject of an active investigation being | 1517 |
conducted by the government entity. | 1518 |
(2) On receipt of a request from a federal officer, or a | 1519 |
state or local officer of this or any other state, whose duties | 1520 |
include enforcing laws relating to drugs, the board shall provide | 1521 |
to the officer information from the database relating to the | 1522 |
person who is the subject of an active investigation of a drug | 1523 |
abuse offense, as defined in section 2925.01 of the Revised Code, | 1524 |
being conducted by the officer's employing government entity. | 1525 |
(3) Pursuant to a subpoena issued by a grand jury, the board | 1526 |
shall provide to the grand jury information from the database | 1527 |
relating to the person who is the subject of an investigation | 1528 |
being conducted by the grand jury. | 1529 |
(4) Pursuant to a subpoena, search warrant, or court order in | 1530 |
connection with the investigation or prosecution of a possible or | 1531 |
alleged criminal offense, the board shall provide information from | 1532 |
the database as necessary to comply with the subpoena, search | 1533 |
warrant, or court order. | 1534 |
(5) On receipt of a request from a prescriber or the | 1535 |
prescriber's | 1536 |
the board may provide to the prescriber information from the | 1537 |
database relating to a | 1538 |
either of the following, if the prescriber certifies in a form | 1539 |
specified by the board that it is for the purpose of providing | 1540 |
medical treatment to the patient who is the subject of the | 1541 |
request; | 1542 |
(a) A current patient of the prescriber; | 1543 |
(b) A potential patient of the prescriber based on a referral | 1544 |
of the patient to the prescriber. | 1545 |
(6) On receipt of a request from a pharmacist or the | 1546 |
pharmacist's delegate approved by the board, the board may provide | 1547 |
to the pharmacist information from the database relating to a | 1548 |
current patient of the pharmacist, if the pharmacist certifies in | 1549 |
a form specified by the board that it is for the purpose of the | 1550 |
pharmacist's practice of pharmacy involving the patient who is the | 1551 |
subject of the request. | 1552 |
(7) On receipt of a request from an individual seeking the | 1553 |
individual's own database information in accordance with the | 1554 |
procedure established in rules adopted under section 4729.84 of | 1555 |
the Revised Code, the board may provide to the individual the | 1556 |
individual's own database information. | 1557 |
(8) On receipt of a request from the medical director of a | 1558 |
managed care organization that has entered into a data security | 1559 |
agreement with the board required by section 5111.1710 of the | 1560 |
Revised Code, the board may provide to the medical director | 1561 |
information from the database relating to a medicaid recipient | 1562 |
enrolled in the managed care organization. | 1563 |
(9) On receipt of a request from the director of job and | 1564 |
family services, the board may provide to the director information | 1565 |
from the database relating to a recipient of a program | 1566 |
administered by the department of job and family services. | 1567 |
(10) On receipt of a request from the administrator of | 1568 |
workers' compensation, the board may provide to the administrator | 1569 |
information from the database relating to a claimant under Chapter | 1570 |
4121., 4123., 4127., or 4131. of the Revised Code. | 1571 |
(11) On receipt of a request from a requestor described in | 1572 |
division (A)(1), (2), (5), or (6) of this section who is from or | 1573 |
participating with another state's prescription monitoring | 1574 |
program, the board may provide to the requestor information from | 1575 |
the database, but only if there is a written agreement under which | 1576 |
the information is to be used and disseminated according to the | 1577 |
laws of this state. | 1578 |
(B) The state board of pharmacy shall maintain a record of | 1579 |
each individual or entity that requests information from the | 1580 |
database pursuant to this section. In accordance with rules | 1581 |
adopted under section 4729.84 of the Revised Code, the board may | 1582 |
use the records to document and report statistics and law | 1583 |
enforcement outcomes. | 1584 |
The board may provide records of an individual's requests for | 1585 |
database information to the following: | 1586 |
(1) A designated representative of a government entity that | 1587 |
is responsible for the licensure, regulation, or discipline of | 1588 |
health care professionals with authority to prescribe, administer, | 1589 |
or dispense drugs who is involved in an active investigation being | 1590 |
conducted by the government entity of the individual who submitted | 1591 |
the requests for database information; | 1592 |
(2) A federal officer, or a state or local officer of this or | 1593 |
any other state, whose duties include enforcing laws relating to | 1594 |
drugs and who is involved in an active investigation being | 1595 |
conducted by the officer's employing government entity of the | 1596 |
individual who submitted the requests for database information. | 1597 |
(C) Information contained in the database and any information | 1598 |
obtained from it is not a public record. Information contained in | 1599 |
the records of requests for information from the database is not a | 1600 |
public record. Information that does not identify a person may be | 1601 |
released in summary, statistical, or aggregate form. | 1602 |
(D) A pharmacist or prescriber shall not be held liable in | 1603 |
damages to any person in any civil action for injury, death, or | 1604 |
loss to person or property on the basis that the pharmacist or | 1605 |
prescriber did or did not seek or obtain information from the | 1606 |
database. | 1607 |
Sec. 4729.86. If the state board of pharmacy establishes and | 1608 |
maintains a drug database pursuant to section 4729.75 of the | 1609 |
Revised Code, all of the following apply: | 1610 |
(A)(1) No person identified in divisions (A)(1) to (10) or | 1611 |
(B) of section 4729.80 of the Revised Code shall disseminate any | 1612 |
written or electronic | 1613 |
from the drug database or otherwise provide another person access | 1614 |
to the information that the person receives from the database, | 1615 |
except as follows: | 1616 |
(a) When necessary in the investigation or prosecution of a | 1617 |
possible or alleged criminal offense; | 1618 |
(b) When a person provides the information to the prescriber | 1619 |
or pharmacist for whom the person is approved by the board to | 1620 |
serve as a delegate of the prescriber or pharmacist for purposes | 1621 |
of requesting and receiving information from the drug database | 1622 |
under division (A)(5) or (6) of section 4729.80 of the Revised | 1623 |
Code; | 1624 |
(c) When a prescriber or pharmacist provides the information | 1625 |
to a person who is approved by the board to serve as such a | 1626 |
delegate of the prescriber or pharmacist. | 1627 |
(2) No person shall provide false information to the state | 1628 |
board of pharmacy with the intent to obtain or alter information | 1629 |
contained in the drug database. | 1630 |
(3) No person shall obtain drug database information by any | 1631 |
means except as provided under section 4729.80 or 4729.81 of the | 1632 |
Revised Code. | 1633 |
(B) A person shall not use | 1634 |
pursuant to division (A) of section 4729.80 of the Revised Code as | 1635 |
evidence in any civil or administrative proceeding. | 1636 |
(C)(1) The board may restrict a person from obtaining further | 1637 |
information from the drug database if any of the following is the | 1638 |
case: | 1639 |
(a) The person | 1640 |
1641 | |
section; | 1642 |
(b) The person is a requestor identified in division (A)(11) | 1643 |
of section 4729.80 of the Revised Code and the board determines | 1644 |
that the person's actions in another state would have constituted | 1645 |
a violation of division (A)(1), (2), or (3) of this section; | 1646 |
(c) The person fails to comply with division (B) of this | 1647 |
section, regardless of the jurisdiction in which the failure to | 1648 |
comply occurred. | 1649 |
(2) The board shall determine the extent to which the person | 1650 |
is restricted from obtaining further information from the | 1651 |
database. | 1652 |
Sec. 4730.53. (A) As used in this section, "drug database" | 1653 |
means the database established and maintained by the state board | 1654 |
of pharmacy pursuant to section 4729.75 of the Revised Code. | 1655 |
(B) The medical board shall adopt rules in accordance with | 1656 |
Chapter 119. of the Revised Code that establish standards and | 1657 |
procedures to be followed by a physician assistant who holds a | 1658 |
certificate to prescribe issued under this chapter regarding the | 1659 |
review of patient information available through the drug database | 1660 |
under division (A)(5) of section 4729.80 of the Revised Code. | 1661 |
(C) This section and the rules adopted under it do not apply | 1662 |
if the state board of pharmacy no longer maintains the drug | 1663 |
database. | 1664 |
Sec. 4731.054. (A) As used in this section: | 1665 |
(1) "Chronic pain" has the same meaning as in section | 1666 |
4731.052 of the Revised Code. | 1667 |
(2) "Controlled substance" has the same meaning as in section | 1668 |
3719.01 of the Revised Code. | 1669 |
(3) "Hospital" means a hospital registered with the | 1670 |
department of health under section 3701.07 of the Revised Code. | 1671 |
(4) "Owner" means each person included on the list maintained | 1672 |
under division (B) | 1673 |
(5)(a) "Pain management clinic" means a facility to which | 1674 |
both of the following apply: | 1675 |
(i) | 1676 |
1677 |
| 1678 |
facility are provided treatment for | 1679 |
1680 | |
1681 | |
section; | 1682 |
| 1683 |
established in rules adopted under this section. | 1684 |
(b) "Pain management clinic" does not include any of the | 1685 |
following: | 1686 |
(i) A hospital; | 1687 |
(ii) A facility operated by a hospital for the treatment of | 1688 |
1689 |
(iii) A physician practice owned or controlled, in whole or | 1690 |
in part, by a hospital or by an entity that owns or controls, in | 1691 |
whole or in part, one or more hospitals; | 1692 |
(iv) A school, college, university, or other educational | 1693 |
institution or program to the extent that it provides instruction | 1694 |
to individuals preparing to practice as physicians, podiatrists, | 1695 |
dentists, nurses, physician assistants, optometrists, or | 1696 |
veterinarians or any affiliated facility to the extent that it | 1697 |
participates in the provision of that instruction; | 1698 |
(v) A hospice program licensed under Chapter 3712. of the | 1699 |
Revised Code; | 1700 |
(vi) An ambulatory surgical facility licensed under section | 1701 |
3702.30 of the Revised Code; | 1702 |
(vii) An interdisciplinary pain rehabilitation program with | 1703 |
three-year accreditation from the commission on accreditation of | 1704 |
rehabilitation facilities; | 1705 |
(viii) A nursing home licensed under section 3721.02 of the | 1706 |
Revised Code or by a political subdivision certified under section | 1707 |
3721.09 of the Revised Code; | 1708 |
(ix) A facility conducting only clinical research that may | 1709 |
use controlled substances in studies approved by a hospital-based | 1710 |
institutional review board or an institutional review board | 1711 |
accredited by the association for the accreditation of human | 1712 |
research protection programs. | 1713 |
(6) "Physician" means an individual authorized under this | 1714 |
chapter to practice medicine and surgery or osteopathic medicine | 1715 |
and surgery. | 1716 |
(7) "Prescriber" has the same meaning as in section 4729.01 | 1717 |
of the Revised Code. | 1718 |
(B) Each owner shall supervise, control, and direct the | 1719 |
activities of each individual, including an employee, volunteer, | 1720 |
or individual under contract, who provides treatment of | 1721 |
chronic pain at the clinic or is associated with the provision of | 1722 |
that treatment. The supervision, control, and direction shall be | 1723 |
provided in accordance with rules adopted under this section. | 1724 |
(C) The state medical board shall adopt rules in accordance | 1725 |
with Chapter 119. of the Revised Code that establish all of the | 1726 |
following: | 1727 |
(1) Standards and procedures for the operation of a pain | 1728 |
management clinic; | 1729 |
(2) Standards and procedures to be followed by a physician | 1730 |
who provides care at a pain management clinic; | 1731 |
(3) For purposes of division (A)(5)(a) | 1732 |
section, the other drugs used to treat | 1733 |
identify a facility as a pain management clinic; | 1734 |
(4) For purposes of division (A)(5)(a) | 1735 |
section, the other criteria that identify a facility as a pain | 1736 |
management clinic; | 1737 |
(5) For purposes of division (B) of this section, standards | 1738 |
and procedures to be followed by an owner in providing | 1739 |
supervision, direction, and control of individuals at a pain | 1740 |
management clinic. | 1741 |
(D) The board may impose a fine of not more than twenty | 1742 |
thousand dollars on a physician who fails to comply with rules | 1743 |
adopted under this section. The fine may be in addition to or in | 1744 |
lieu of any other action that may be taken under section 4731.22 | 1745 |
of the Revised Code. The board shall deposit any amounts received | 1746 |
under this division in accordance with section 4731.24 of the | 1747 |
Revised Code. | 1748 |
(E)(1) The board may inspect either of the following as the | 1749 |
board determines necessary to ensure compliance with this chapter | 1750 |
and any rules adopted under it regarding pain management clinics: | 1751 |
(a) A pain management clinic; | 1752 |
(b) A facility or physician practice that the board suspects | 1753 |
is operating as a pain management clinic in violation of this | 1754 |
chapter. | 1755 |
(2) The board's inspection shall be conducted in accordance | 1756 |
with division (F) of section 4731.22 of the Revised Code. | 1757 |
(3) Before conducting an on-site inspection, the board shall | 1758 |
provide notice to the owner or other person in charge of the | 1759 |
facility or physician practice, except that the board is not | 1760 |
required to provide the notice if, in the judgment of the board, | 1761 |
the notice would jeopardize an investigation being conducted by | 1762 |
the board. | 1763 |
Sec. 4731.055. (A) As used in this section: | 1764 |
(1) "Drug database" means the database established and | 1765 |
maintained by the state board of pharmacy pursuant to section | 1766 |
4729.75 of the Revised Code. | 1767 |
(2) "Physician" means an individual authorized under this | 1768 |
chapter to practice medicine and surgery, osteopathic medicine and | 1769 |
surgery, or podiatric medicine and surgery. | 1770 |
(B) The state medical board shall adopt rules in accordance | 1771 |
with Chapter 119. of the Revised Code that establish standards and | 1772 |
procedures to be followed by a physician regarding the review of | 1773 |
patient information available through the drug database under | 1774 |
division (A)(5) of section 4729.80 of the Revised Code. | 1775 |
(C) This section and the rules adopted under it do not apply | 1776 |
if the state board of pharmacy no longer maintains the drug | 1777 |
database. | 1778 |
Sec. 4731.22. (A) The state medical board, by an affirmative | 1779 |
vote of not fewer than six of its members, may limit, revoke, or | 1780 |
1781 | |
grant a certificate to | 1782 |
an individual, refuse to reinstate a certificate, or reprimand or | 1783 |
place on probation the holder of a certificate if the individual | 1784 |
or certificate holder is found by the board to have committed | 1785 |
fraud during the administration of the examination for a | 1786 |
certificate to practice or to have committed fraud, | 1787 |
misrepresentation, or deception in applying for or securing any | 1788 |
certificate to practice or certificate of registration issued by | 1789 |
the board. | 1790 |
(B) The board, by an affirmative vote of not fewer than six | 1791 |
members, shall, to the extent permitted by law, limit, revoke, or | 1792 |
suspend an individual's certificate to practice, refuse to | 1793 |
register an individual, refuse to reinstate a certificate, or | 1794 |
reprimand or place on probation the holder of a certificate for | 1795 |
one or more of the following reasons: | 1796 |
(1) Permitting one's name or one's certificate to practice or | 1797 |
certificate of registration to be used by a person, group, or | 1798 |
corporation when the individual concerned is not actually | 1799 |
directing the treatment given; | 1800 |
(2) Failure to maintain minimal standards applicable to the | 1801 |
selection or administration of drugs, or failure to employ | 1802 |
acceptable scientific methods in the selection of drugs or other | 1803 |
modalities for treatment of disease; | 1804 |
(3) Selling, giving away, personally furnishing, prescribing, | 1805 |
or administering drugs for other than legal and legitimate | 1806 |
therapeutic purposes or a plea of guilty to, a judicial finding of | 1807 |
guilt of, or a judicial finding of eligibility for intervention in | 1808 |
lieu of conviction of, a violation of any federal or state law | 1809 |
regulating the possession, distribution, or use of any drug; | 1810 |
(4) Willfully betraying a professional confidence. | 1811 |
For purposes of this division, "willfully betraying a | 1812 |
professional confidence" does not include providing any | 1813 |
information, documents, or reports to a child fatality review | 1814 |
board under sections 307.621 to 307.629 of the Revised Code and | 1815 |
does not include the making of a report of an employee's use of a | 1816 |
drug of abuse, or a report of a condition of an employee other | 1817 |
than one involving the use of a drug of abuse, to the employer of | 1818 |
the employee as described in division (B) of section 2305.33 of | 1819 |
the Revised Code. Nothing in this division affects the immunity | 1820 |
from civil liability conferred by that section upon a physician | 1821 |
who makes either type of report in accordance with division (B) of | 1822 |
that section. As used in this division, "employee," "employer," | 1823 |
and "physician" have the same meanings as in section 2305.33 of | 1824 |
the Revised Code. | 1825 |
(5) Making a false, fraudulent, deceptive, or misleading | 1826 |
statement in the solicitation of or advertising for patients; in | 1827 |
relation to the practice of medicine and surgery, osteopathic | 1828 |
medicine and surgery, podiatric medicine and surgery, or a limited | 1829 |
branch of medicine; or in securing or attempting to secure any | 1830 |
certificate to practice or certificate of registration issued by | 1831 |
the board. | 1832 |
As used in this division, "false, fraudulent, deceptive, or | 1833 |
misleading statement" means a statement that includes a | 1834 |
misrepresentation of fact, is likely to mislead or deceive because | 1835 |
of a failure to disclose material facts, is intended or is likely | 1836 |
to create false or unjustified expectations of favorable results, | 1837 |
or includes representations or implications that in reasonable | 1838 |
probability will cause an ordinarily prudent person to | 1839 |
misunderstand or be deceived. | 1840 |
(6) A departure from, or the failure to conform to, minimal | 1841 |
standards of care of similar practitioners under the same or | 1842 |
similar circumstances, whether or not actual injury to a patient | 1843 |
is established; | 1844 |
(7) Representing, with the purpose of obtaining compensation | 1845 |
or other advantage as personal gain or for any other person, that | 1846 |
an incurable disease or injury, or other incurable condition, can | 1847 |
be permanently cured; | 1848 |
(8) The obtaining of, or attempting to obtain, money or | 1849 |
anything of value by fraudulent misrepresentations in the course | 1850 |
of practice; | 1851 |
(9) A plea of guilty to, a judicial finding of guilt of, or a | 1852 |
judicial finding of eligibility for intervention in lieu of | 1853 |
conviction for, a felony; | 1854 |
(10) Commission of an act that constitutes a felony in this | 1855 |
state, regardless of the jurisdiction in which the act was | 1856 |
committed; | 1857 |
(11) A plea of guilty to, a judicial finding of guilt of, or | 1858 |
a judicial finding of eligibility for intervention in lieu of | 1859 |
conviction for, a misdemeanor committed in the course of practice; | 1860 |
(12) Commission of an act in the course of practice that | 1861 |
constitutes a misdemeanor in this state, regardless of the | 1862 |
jurisdiction in which the act was committed; | 1863 |
(13) A plea of guilty to, a judicial finding of guilt of, or | 1864 |
a judicial finding of eligibility for intervention in lieu of | 1865 |
conviction for, a misdemeanor involving moral turpitude; | 1866 |
(14) Commission of an act involving moral turpitude that | 1867 |
constitutes a misdemeanor in this state, regardless of the | 1868 |
jurisdiction in which the act was committed; | 1869 |
(15) Violation of the conditions of limitation placed by the | 1870 |
board upon a certificate to practice; | 1871 |
(16) Failure to pay license renewal fees specified in this | 1872 |
chapter; | 1873 |
(17) Except as authorized in section 4731.31 of the Revised | 1874 |
Code, engaging in the division of fees for referral of patients, | 1875 |
or the receiving of a thing of value in return for a specific | 1876 |
referral of a patient to utilize a particular service or business; | 1877 |
(18) Subject to section 4731.226 of the Revised Code, | 1878 |
violation of any provision of a code of ethics of the American | 1879 |
medical association, the American osteopathic association, the | 1880 |
American podiatric medical association, or any other national | 1881 |
professional organizations that the board specifies by rule. The | 1882 |
state medical board shall obtain and keep on file current copies | 1883 |
of the codes of ethics of the various national professional | 1884 |
organizations. The individual whose certificate is being suspended | 1885 |
or revoked shall not be found to have violated any provision of a | 1886 |
code of ethics of an organization not appropriate to the | 1887 |
individual's profession. | 1888 |
For purposes of this division, a "provision of a code of | 1889 |
ethics of a national professional organization" does not include | 1890 |
any provision that would preclude the making of a report by a | 1891 |
physician of an employee's use of a drug of abuse, or of a | 1892 |
condition of an employee other than one involving the use of a | 1893 |
drug of abuse, to the employer of the employee as described in | 1894 |
division (B) of section 2305.33 of the Revised Code. Nothing in | 1895 |
this division affects the immunity from civil liability conferred | 1896 |
by that section upon a physician who makes either type of report | 1897 |
in accordance with division (B) of that section. As used in this | 1898 |
division, "employee," "employer," and "physician" have the same | 1899 |
meanings as in section 2305.33 of the Revised Code. | 1900 |
(19) Inability to practice according to acceptable and | 1901 |
prevailing standards of care by reason of mental illness or | 1902 |
physical illness, including, but not limited to, physical | 1903 |
deterioration that adversely affects cognitive, motor, or | 1904 |
perceptive skills. | 1905 |
In enforcing this division, the board, upon a showing of a | 1906 |
possible violation, may compel any individual authorized to | 1907 |
practice by this chapter or who has submitted an application | 1908 |
pursuant to this chapter to submit to a mental examination, | 1909 |
physical examination, including an HIV test, or both a mental and | 1910 |
a physical examination. The expense of the examination is the | 1911 |
responsibility of the individual compelled to be examined. Failure | 1912 |
to submit to a mental or physical examination or consent to an HIV | 1913 |
test ordered by the board constitutes an admission of the | 1914 |
allegations against the individual unless the failure is due to | 1915 |
circumstances beyond the individual's control, and a default and | 1916 |
final order may be entered without the taking of testimony or | 1917 |
presentation of evidence. If the board finds an individual unable | 1918 |
to practice because of the reasons set forth in this division, the | 1919 |
board shall require the individual to submit to care, counseling, | 1920 |
or treatment by physicians approved or designated by the board, as | 1921 |
a condition for initial, continued, reinstated, or renewed | 1922 |
authority to practice. An individual affected under this division | 1923 |
shall be afforded an opportunity to demonstrate to the board the | 1924 |
ability to resume practice in compliance with acceptable and | 1925 |
prevailing standards under the provisions of the individual's | 1926 |
certificate. For the purpose of this division, any individual who | 1927 |
applies for or receives a certificate to practice under this | 1928 |
chapter accepts the privilege of practicing in this state and, by | 1929 |
so doing, shall be deemed to have given consent to submit to a | 1930 |
mental or physical examination when directed to do so in writing | 1931 |
by the board, and to have waived all objections to the | 1932 |
admissibility of testimony or examination reports that constitute | 1933 |
a privileged communication. | 1934 |
(20) Except when civil penalties are imposed under section | 1935 |
4731.225 or 4731.281 of the Revised Code, and subject to section | 1936 |
4731.226 of the Revised Code, violating or attempting to violate, | 1937 |
directly or indirectly, or assisting in or abetting the violation | 1938 |
of, or conspiring to violate, any provisions of this chapter or | 1939 |
any rule promulgated by the board. | 1940 |
This division does not apply to a violation or attempted | 1941 |
violation of, assisting in or abetting the violation of, or a | 1942 |
conspiracy to violate, any provision of this chapter or any rule | 1943 |
adopted by the board that would preclude the making of a report by | 1944 |
a physician of an employee's use of a drug of abuse, or of a | 1945 |
condition of an employee other than one involving the use of a | 1946 |
drug of abuse, to the employer of the employee as described in | 1947 |
division (B) of section 2305.33 of the Revised Code. Nothing in | 1948 |
this division affects the immunity from civil liability conferred | 1949 |
by that section upon a physician who makes either type of report | 1950 |
in accordance with division (B) of that section. As used in this | 1951 |
division, "employee," "employer," and "physician" have the same | 1952 |
meanings as in section 2305.33 of the Revised Code. | 1953 |
(21) The violation of section 3701.79 of the Revised Code or | 1954 |
of any abortion rule adopted by the public health council pursuant | 1955 |
to section 3701.341 of the Revised Code; | 1956 |
(22) Any of the following actions taken by an agency | 1957 |
responsible for authorizing, certifying, or regulating an | 1958 |
individual to practice a health care occupation or provide health | 1959 |
care services in this state or another jurisdiction, for any | 1960 |
reason other than the nonpayment of fees: the limitation, | 1961 |
revocation, or suspension of an individual's license to practice; | 1962 |
acceptance of an individual's license surrender; denial of a | 1963 |
license; refusal to renew or reinstate a license; imposition of | 1964 |
probation; or issuance of an order of censure or other reprimand; | 1965 |
(23) The violation of section 2919.12 of the Revised Code or | 1966 |
the performance or inducement of an abortion upon a pregnant woman | 1967 |
with actual knowledge that the conditions specified in division | 1968 |
(B) of section 2317.56 of the Revised Code have not been satisfied | 1969 |
or with a heedless indifference as to whether those conditions | 1970 |
have been satisfied, unless an affirmative defense as specified in | 1971 |
division (H)(2) of that section would apply in a civil action | 1972 |
authorized by division (H)(1) of that section; | 1973 |
(24) The revocation, suspension, restriction, reduction, or | 1974 |
termination of clinical privileges by the United States department | 1975 |
of defense or department of veterans affairs or the termination or | 1976 |
suspension of a certificate of registration to prescribe drugs by | 1977 |
the drug enforcement administration of the United States | 1978 |
department of justice; | 1979 |
(25) Termination or suspension from participation in the | 1980 |
medicare or medicaid programs by the department of health and | 1981 |
human services or other responsible agency for any act or acts | 1982 |
that also would constitute a violation of division (B)(2), (3), | 1983 |
(6), (8), or (19) of this section; | 1984 |
(26) Impairment of ability to practice according to | 1985 |
acceptable and prevailing standards of care because of habitual or | 1986 |
excessive use or abuse of drugs, alcohol, or other substances that | 1987 |
impair ability to practice. | 1988 |
For the purposes of this division, any individual authorized | 1989 |
to practice by this chapter accepts the privilege of practicing in | 1990 |
this state subject to supervision by the board. By filing an | 1991 |
application for or holding a certificate to practice under this | 1992 |
chapter, an individual shall be deemed to have given consent to | 1993 |
submit to a mental or physical examination when ordered to do so | 1994 |
by the board in writing, and to have waived all objections to the | 1995 |
admissibility of testimony or examination reports that constitute | 1996 |
privileged communications. | 1997 |
If it has reason to believe that any individual authorized to | 1998 |
practice by this chapter or any applicant for certification to | 1999 |
practice suffers such impairment, the board may compel the | 2000 |
individual to submit to a mental or physical examination, or both. | 2001 |
The expense of the examination is the responsibility of the | 2002 |
individual compelled to be examined. Any mental or physical | 2003 |
examination required under this division shall be undertaken by a | 2004 |
treatment provider or physician who is qualified to conduct the | 2005 |
examination and who is chosen by the board. | 2006 |
Failure to submit to a mental or physical examination ordered | 2007 |
by the board constitutes an admission of the allegations against | 2008 |
the individual unless the failure is due to circumstances beyond | 2009 |
the individual's control, and a default and final order may be | 2010 |
entered without the taking of testimony or presentation of | 2011 |
evidence. If the board determines that the individual's ability to | 2012 |
practice is impaired, the board shall suspend the individual's | 2013 |
certificate or deny the individual's application and shall require | 2014 |
the individual, as a condition for initial, continued, reinstated, | 2015 |
or renewed certification to practice, to submit to treatment. | 2016 |
Before being eligible to apply for reinstatement of a | 2017 |
certificate suspended under this division, the impaired | 2018 |
practitioner shall demonstrate to the board the ability to resume | 2019 |
practice in compliance with acceptable and prevailing standards of | 2020 |
care under the provisions of the practitioner's certificate. The | 2021 |
demonstration shall include, but shall not be limited to, the | 2022 |
following: | 2023 |
(a) Certification from a treatment provider approved under | 2024 |
section 4731.25 of the Revised Code that the individual has | 2025 |
successfully completed any required inpatient treatment; | 2026 |
(b) Evidence of continuing full compliance with an aftercare | 2027 |
contract or consent agreement; | 2028 |
(c) Two written reports indicating that the individual's | 2029 |
ability to practice has been assessed and that the individual has | 2030 |
been found capable of practicing according to acceptable and | 2031 |
prevailing standards of care. The reports shall be made by | 2032 |
individuals or providers approved by the board for making the | 2033 |
assessments and shall describe the basis for their determination. | 2034 |
The board may reinstate a certificate suspended under this | 2035 |
division after that demonstration and after the individual has | 2036 |
entered into a written consent agreement. | 2037 |
When the impaired practitioner resumes practice, the board | 2038 |
shall require continued monitoring of the individual. The | 2039 |
monitoring shall include, but not be limited to, compliance with | 2040 |
the written consent agreement entered into before reinstatement or | 2041 |
with conditions imposed by board order after a hearing, and, upon | 2042 |
termination of the consent agreement, submission to the board for | 2043 |
at least two years of annual written progress reports made under | 2044 |
penalty of perjury stating whether the individual has maintained | 2045 |
sobriety. | 2046 |
(27) A second or subsequent violation of section 4731.66 or | 2047 |
4731.69 of the Revised Code; | 2048 |
(28) Except as provided in division (N) of this section: | 2049 |
(a) Waiving the payment of all or any part of a deductible or | 2050 |
copayment that a patient, pursuant to a health insurance or health | 2051 |
care policy, contract, or plan that covers the individual's | 2052 |
services, otherwise would be required to pay if the waiver is used | 2053 |
as an enticement to a patient or group of patients to receive | 2054 |
health care services from that individual; | 2055 |
(b) Advertising that the individual will waive the payment of | 2056 |
all or any part of a deductible or copayment that a patient, | 2057 |
pursuant to a health insurance or health care policy, contract, or | 2058 |
plan that covers the individual's services, otherwise would be | 2059 |
required to pay. | 2060 |
(29) Failure to use universal blood and body fluid | 2061 |
precautions established by rules adopted under section 4731.051 of | 2062 |
the Revised Code; | 2063 |
(30) Failure to provide notice to, and receive acknowledgment | 2064 |
of the notice from, a patient when required by section 4731.143 of | 2065 |
the Revised Code prior to providing nonemergency professional | 2066 |
services, or failure to maintain that notice in the patient's | 2067 |
file; | 2068 |
(31) Failure of a physician supervising a physician assistant | 2069 |
to maintain supervision in accordance with the requirements of | 2070 |
Chapter 4730. of the Revised Code and the rules adopted under that | 2071 |
chapter; | 2072 |
(32) Failure of a physician or podiatrist to enter into a | 2073 |
standard care arrangement with a clinical nurse specialist, | 2074 |
certified nurse-midwife, or certified nurse practitioner with whom | 2075 |
the physician or podiatrist is in collaboration pursuant to | 2076 |
section 4731.27 of the Revised Code or failure to fulfill the | 2077 |
responsibilities of collaboration after entering into a standard | 2078 |
care arrangement; | 2079 |
(33) Failure to comply with the terms of a consult agreement | 2080 |
entered into with a pharmacist pursuant to section 4729.39 of the | 2081 |
Revised Code; | 2082 |
(34) Failure to cooperate in an investigation conducted by | 2083 |
the board under division (F) of this section, including failure to | 2084 |
comply with a subpoena or order issued by the board or failure to | 2085 |
answer truthfully a question presented by the board in an | 2086 |
investigative interview, an investigative office conference, at a | 2087 |
deposition, or in written interrogatories, except that failure to | 2088 |
cooperate with an investigation shall not constitute grounds for | 2089 |
discipline under this section if a court of competent jurisdiction | 2090 |
has issued an order that either quashes a subpoena or permits the | 2091 |
individual to withhold the testimony or evidence in issue; | 2092 |
(35) Failure to supervise an acupuncturist in accordance with | 2093 |
Chapter 4762. of the Revised Code and the board's rules for | 2094 |
supervision of an acupuncturist; | 2095 |
(36) Failure to supervise an anesthesiologist assistant in | 2096 |
accordance with Chapter 4760. of the Revised Code and the board's | 2097 |
rules for supervision of an anesthesiologist assistant; | 2098 |
(37) Assisting suicide as defined in section 3795.01 of the | 2099 |
Revised Code; | 2100 |
(38) Failure to comply with the requirements of section | 2101 |
2317.561 of the Revised Code; | 2102 |
(39) Failure to supervise a radiologist assistant in | 2103 |
accordance with Chapter 4774. of the Revised Code and the board's | 2104 |
rules for supervision of radiologist assistants; | 2105 |
(40) Performing or inducing an abortion at an office or | 2106 |
facility with knowledge that the office or facility fails to post | 2107 |
the notice required under section 3701.791 of the Revised Code; | 2108 |
(41) Failure to comply with the standards and procedures | 2109 |
established in rules under section 4731.054 of the Revised Code | 2110 |
for the operation of or the provision of care at a pain management | 2111 |
clinic; | 2112 |
(42) Failure to comply with the standards and procedures | 2113 |
established in rules under section 4731.054 of the Revised Code | 2114 |
for providing supervision, direction, and control of individuals | 2115 |
at a pain management clinic; | 2116 |
(43) Failure to comply with the requirements of section | 2117 |
4729.79 of the Revised Code, unless the state board of pharmacy no | 2118 |
longer maintains a drug database pursuant to section 4729.75 of | 2119 |
the Revised Code; | 2120 |
| 2121 |
2919.171 of the Revised Code or failure to submit to the | 2122 |
department of health in accordance with a court order a complete | 2123 |
report as described in section 2919.171 of the Revised Code; | 2124 |
(45) Practicing at a facility that is subject to licensure as | 2125 |
a category III terminal distributor of dangerous drugs with a pain | 2126 |
management clinic classification unless the person operating the | 2127 |
facility has obtained and maintains the license with the | 2128 |
classification; | 2129 |
(46) Owning a facility that is subject to licensure as a | 2130 |
category III terminal distributor of dangerous drugs with a pain | 2131 |
management clinic classification unless the facility is licensed | 2132 |
with the classification. | 2133 |
(C) Disciplinary actions taken by the board under divisions | 2134 |
(A) and (B) of this section shall be taken pursuant to an | 2135 |
adjudication under Chapter 119. of the Revised Code, except that | 2136 |
in lieu of an adjudication, the board may enter into a consent | 2137 |
agreement with an individual to resolve an allegation of a | 2138 |
violation of this chapter or any rule adopted under it. A consent | 2139 |
agreement, when ratified by an affirmative vote of not fewer than | 2140 |
six members of the board, shall constitute the findings and order | 2141 |
of the board with respect to the matter addressed in the | 2142 |
agreement. If the board refuses to ratify a consent agreement, the | 2143 |
admissions and findings contained in the consent agreement shall | 2144 |
be of no force or effect. | 2145 |
A telephone conference call may be utilized for ratification | 2146 |
of a consent agreement that revokes or suspends an individual's | 2147 |
certificate to practice. The telephone conference call shall be | 2148 |
considered a special meeting under division (F) of section 121.22 | 2149 |
of the Revised Code. | 2150 |
If the board takes disciplinary action against an individual | 2151 |
under division (B) of this section for a second or subsequent plea | 2152 |
of guilty to, or judicial finding of guilt of, a violation of | 2153 |
section 2919.123 of the Revised Code, the disciplinary action | 2154 |
shall consist of a suspension of the individual's certificate to | 2155 |
practice for a period of at least one year or, if determined | 2156 |
appropriate by the board, a more serious sanction involving the | 2157 |
individual's certificate to practice. Any consent agreement | 2158 |
entered into under this division with an individual that pertains | 2159 |
to a second or subsequent plea of guilty to, or judicial finding | 2160 |
of guilt of, a violation of that section shall provide for a | 2161 |
suspension of the individual's certificate to practice for a | 2162 |
period of at least one year or, if determined appropriate by the | 2163 |
board, a more serious sanction involving the individual's | 2164 |
certificate to practice. | 2165 |
(D) For purposes of divisions (B)(10), (12), and (14) of this | 2166 |
section, the commission of the act may be established by a finding | 2167 |
by the board, pursuant to an adjudication under Chapter 119. of | 2168 |
the Revised Code, that the individual committed the act. The board | 2169 |
does not have jurisdiction under those divisions if the trial | 2170 |
court renders a final judgment in the individual's favor and that | 2171 |
judgment is based upon an adjudication on the merits. The board | 2172 |
has jurisdiction under those divisions if the trial court issues | 2173 |
an order of dismissal upon technical or procedural grounds. | 2174 |
(E) The sealing of conviction records by any court shall have | 2175 |
no effect upon a prior board order entered under this section or | 2176 |
upon the board's jurisdiction to take action under this section | 2177 |
if, based upon a plea of guilty, a judicial finding of guilt, or a | 2178 |
judicial finding of eligibility for intervention in lieu of | 2179 |
conviction, the board issued a notice of opportunity for a hearing | 2180 |
prior to the court's order to seal the records. The board shall | 2181 |
not be required to seal, destroy, redact, or otherwise modify its | 2182 |
records to reflect the court's sealing of conviction records. | 2183 |
(F)(1) The board shall investigate evidence that appears to | 2184 |
show that a person has violated any provision of this chapter or | 2185 |
any rule adopted under it. Any person may report to the board in a | 2186 |
signed writing any information that the person may have that | 2187 |
appears to show a violation of any provision of this chapter or | 2188 |
any rule adopted under it. In the absence of bad faith, any person | 2189 |
who reports information of that nature or who testifies before the | 2190 |
board in any adjudication conducted under Chapter 119. of the | 2191 |
Revised Code shall not be liable in damages in a civil action as a | 2192 |
result of the report or testimony. Each complaint or allegation of | 2193 |
a violation received by the board shall be assigned a case number | 2194 |
and shall be recorded by the board. | 2195 |
(2) Investigations of alleged violations of this chapter or | 2196 |
any rule adopted under it shall be supervised by the supervising | 2197 |
member elected by the board in accordance with section 4731.02 of | 2198 |
the Revised Code and by the secretary as provided in section | 2199 |
4731.39 of the Revised Code. The president may designate another | 2200 |
member of the board to supervise the investigation in place of the | 2201 |
supervising member. No member of the board who supervises the | 2202 |
investigation of a case shall participate in further adjudication | 2203 |
of the case. | 2204 |
(3) In investigating a possible violation of this chapter or | 2205 |
any rule adopted under this chapter, or in conducting an | 2206 |
inspection under division (E) of section 4731.054 of the Revised | 2207 |
Code, the board may question witnesses, conduct interviews, | 2208 |
administer oaths, order the taking of depositions, inspect and | 2209 |
copy any books, accounts, papers, records, or documents, issue | 2210 |
subpoenas, and compel the attendance of witnesses and production | 2211 |
of books, accounts, papers, records, documents, and testimony, | 2212 |
except that a subpoena for patient record information shall not be | 2213 |
issued without consultation with the attorney general's office and | 2214 |
approval of the secretary and supervising member of the board. | 2215 |
2216 |
(a) Before issuance of a subpoena for patient record | 2217 |
information, the secretary and supervising member shall determine | 2218 |
whether there is probable cause to believe that the complaint | 2219 |
filed alleges a violation of this chapter or any rule adopted | 2220 |
under it and that the records sought are relevant to the alleged | 2221 |
violation and material to the investigation. The subpoena may | 2222 |
apply only to records that cover a reasonable period of time | 2223 |
surrounding the alleged violation. | 2224 |
(b) On failure to comply with any subpoena issued by the | 2225 |
board and after reasonable notice to the person being subpoenaed, | 2226 |
the board may move for an order compelling the production of | 2227 |
persons or records pursuant to the Rules of Civil Procedure. | 2228 |
(c) A subpoena issued by the board may be served by a | 2229 |
sheriff, the sheriff's deputy, or a board employee designated by | 2230 |
the board. Service of a subpoena issued by the board may be made | 2231 |
by delivering a copy of the subpoena to the person named therein, | 2232 |
reading it to the person, or leaving it at the person's usual | 2233 |
place of residence, usual place of business, or address on file | 2234 |
with the board. When | 2235 |
2236 | |
or the holder of a certificate issued under this chapter, service | 2237 |
of the subpoena may be made by certified mail, | 2238 |
2239 | |
deemed served on the date delivery is made or the date the person | 2240 |
refuses to accept delivery. If the person being served refuses to | 2241 |
accept the subpoena or is not located, service may be made to an | 2242 |
attorney who notifies the board that the attorney is representing | 2243 |
the person. | 2244 |
(d) A sheriff's deputy who serves a subpoena shall receive | 2245 |
the same fees as a sheriff. Each witness who appears before the | 2246 |
board in obedience to a subpoena shall receive the fees and | 2247 |
mileage provided for under section 119.094 of the Revised Code. | 2248 |
(4) All hearings | 2249 |
board shall be considered civil actions for the purposes of | 2250 |
section 2305.252 of the Revised Code. | 2251 |
(5) | 2252 |
board under this chapter, a complaint, or information received by | 2253 |
the board pursuant to an investigation | 2254 |
inspection under division (E) of section 4731.054 of the Revised | 2255 |
Code is confidential and not subject to discovery in any civil | 2256 |
action. | 2257 |
The board shall conduct all investigations or inspections and | 2258 |
proceedings in a manner that protects the confidentiality of | 2259 |
patients and persons who file complaints with the board. The board | 2260 |
shall not make public the names or any other identifying | 2261 |
information about patients or complainants unless proper consent | 2262 |
is given or, in the case of a patient, a waiver of the patient | 2263 |
privilege exists under division (B) of section 2317.02 of the | 2264 |
Revised Code, except that consent or a waiver of that nature is | 2265 |
not required if the board possesses reliable and substantial | 2266 |
evidence that no bona fide physician-patient relationship exists. | 2267 |
The board may share any information it receives pursuant to | 2268 |
an investigation or inspection, including patient records and | 2269 |
patient record information, with law enforcement agencies, other | 2270 |
licensing boards, and other governmental agencies that are | 2271 |
prosecuting, adjudicating, or investigating alleged violations of | 2272 |
statutes or administrative rules. An agency or board that receives | 2273 |
the information shall comply with the same requirements regarding | 2274 |
confidentiality as those with which the state medical board must | 2275 |
comply, notwithstanding any conflicting provision of the Revised | 2276 |
Code or procedure of the agency or board that applies when it is | 2277 |
dealing with other information in its possession. In a judicial | 2278 |
proceeding, the information may be admitted into evidence only in | 2279 |
accordance with the Rules of Evidence, but the court shall require | 2280 |
that appropriate measures are taken to ensure that confidentiality | 2281 |
is maintained with respect to any part of the information that | 2282 |
contains names or other identifying information about patients or | 2283 |
complainants whose confidentiality was protected by the state | 2284 |
medical board when the information was in the board's possession. | 2285 |
Measures to ensure confidentiality that may be taken by the court | 2286 |
include sealing its records or deleting specific information from | 2287 |
its records. | 2288 |
(6) On a quarterly basis, the board shall prepare a report | 2289 |
that documents the disposition of all cases during the preceding | 2290 |
three months. The report shall contain the following information | 2291 |
for each case with which the board has completed its activities: | 2292 |
(a) The case number assigned to the complaint or alleged | 2293 |
violation; | 2294 |
(b) The type of certificate to practice, if any, held by the | 2295 |
individual against whom the complaint is directed; | 2296 |
(c) A description of the allegations contained in the | 2297 |
complaint; | 2298 |
(d) The disposition of the case. | 2299 |
The report shall state how many cases are still pending and | 2300 |
shall be prepared in a manner that protects the identity of each | 2301 |
person involved in each case. The report shall be a public record | 2302 |
under section 149.43 of the Revised Code. | 2303 |
(G) If the secretary and supervising member determine both of | 2304 |
the following, they may recommend that the board suspend an | 2305 |
individual's certificate to practice without a prior hearing: | 2306 |
(1) That there is clear and convincing evidence that an | 2307 |
individual has violated division (B) of this section; | 2308 |
(2) That the individual's continued practice presents a | 2309 |
danger of immediate and serious harm to the public. | 2310 |
Written allegations shall be prepared for consideration by | 2311 |
the board. The board, upon review of those allegations and by an | 2312 |
affirmative vote of not fewer than six of its members, excluding | 2313 |
the secretary and supervising member, may suspend a certificate | 2314 |
without a prior hearing. A telephone conference call may be | 2315 |
utilized for reviewing the allegations and taking the vote on the | 2316 |
summary suspension. | 2317 |
The board shall issue a written order of suspension by | 2318 |
certified mail or in person in accordance with section 119.07 of | 2319 |
the Revised Code. The order shall not be subject to suspension by | 2320 |
the court during pendency of any appeal filed under section 119.12 | 2321 |
of the Revised Code. If the individual subject to the summary | 2322 |
suspension requests an adjudicatory hearing by the board, the date | 2323 |
set for the hearing shall be within fifteen days, but not earlier | 2324 |
than seven days, after the individual requests the hearing, unless | 2325 |
otherwise agreed to by both the board and the individual. | 2326 |
Any summary suspension imposed under this division shall | 2327 |
remain in effect, unless reversed on appeal, until a final | 2328 |
adjudicative order issued by the board pursuant to this section | 2329 |
and Chapter 119. of the Revised Code becomes effective. The board | 2330 |
shall issue its final adjudicative order within seventy-five days | 2331 |
after completion of its hearing. A failure to issue the order | 2332 |
within seventy-five days shall result in dissolution of the | 2333 |
summary suspension order but shall not invalidate any subsequent, | 2334 |
final adjudicative order. | 2335 |
(H) If the board takes action under division (B)(9), (11), or | 2336 |
(13) of this section and the judicial finding of guilt, guilty | 2337 |
plea, or judicial finding of eligibility for intervention in lieu | 2338 |
of conviction is overturned on appeal, upon exhaustion of the | 2339 |
criminal appeal, a petition for reconsideration of the order may | 2340 |
be filed with the board along with appropriate court documents. | 2341 |
Upon receipt of a petition of that nature and supporting court | 2342 |
documents, the board shall reinstate the individual's certificate | 2343 |
to practice. The board may then hold an adjudication under Chapter | 2344 |
119. of the Revised Code to determine whether the individual | 2345 |
committed the act in question. Notice of an opportunity for a | 2346 |
hearing shall be given in accordance with Chapter 119. of the | 2347 |
Revised Code. If the board finds, pursuant to an adjudication held | 2348 |
under this division, that the individual committed the act or if | 2349 |
no hearing is requested, the board may order any of the sanctions | 2350 |
identified under division (B) of this section. | 2351 |
(I) The certificate to practice issued to an individual under | 2352 |
this chapter and the individual's practice in this state are | 2353 |
automatically suspended as of the date of the individual's second | 2354 |
or subsequent plea of guilty to, or judicial finding of guilt of, | 2355 |
a violation of section 2919.123 of the Revised Code, or the date | 2356 |
the individual pleads guilty to, is found by a judge or jury to be | 2357 |
guilty of, or is subject to a judicial finding of eligibility for | 2358 |
intervention in lieu of conviction in this state or treatment or | 2359 |
intervention in lieu of conviction in another jurisdiction for any | 2360 |
of the following criminal offenses in this state or a | 2361 |
substantially equivalent criminal offense in another jurisdiction: | 2362 |
aggravated murder, murder, voluntary manslaughter, felonious | 2363 |
assault, kidnapping, rape, sexual battery, gross sexual | 2364 |
imposition, aggravated arson, aggravated robbery, or aggravated | 2365 |
burglary. Continued practice after suspension shall be considered | 2366 |
practicing without a certificate. | 2367 |
The board shall notify the individual subject to the | 2368 |
suspension by certified mail or in person in accordance with | 2369 |
section 119.07 of the Revised Code. If an individual whose | 2370 |
certificate is automatically suspended under this division fails | 2371 |
to make a timely request for an adjudication under Chapter 119. of | 2372 |
the Revised Code, the board shall do whichever of the following is | 2373 |
applicable: | 2374 |
(1) If the automatic suspension under this division is for a | 2375 |
second or subsequent plea of guilty to, or judicial finding of | 2376 |
guilt of, a violation of section 2919.123 of the Revised Code, the | 2377 |
board shall enter an order suspending the individual's certificate | 2378 |
to practice for a period of at least one year or, if determined | 2379 |
appropriate by the board, imposing a more serious sanction | 2380 |
involving the individual's certificate to practice. | 2381 |
(2) In all circumstances in which division (I)(1) of this | 2382 |
section does not apply, enter a final order permanently revoking | 2383 |
the individual's certificate to practice. | 2384 |
(J) If the board is required by Chapter 119. of the Revised | 2385 |
Code to give notice of an opportunity for a hearing and if the | 2386 |
individual subject to the notice does not timely request a hearing | 2387 |
in accordance with section 119.07 of the Revised Code, the board | 2388 |
is not required to hold a hearing, but may adopt, by an | 2389 |
affirmative vote of not fewer than six of its members, a final | 2390 |
order that contains the board's findings. In that final order, the | 2391 |
board may order any of the sanctions identified under division (A) | 2392 |
or (B) of this section. | 2393 |
(K) Any action taken by the board under division (B) of this | 2394 |
section resulting in a suspension from practice shall be | 2395 |
accompanied by a written statement of the conditions under which | 2396 |
the individual's certificate to practice may be reinstated. The | 2397 |
board shall adopt rules governing conditions to be imposed for | 2398 |
reinstatement. Reinstatement of a certificate suspended pursuant | 2399 |
to division (B) of this section requires an affirmative vote of | 2400 |
not fewer than six members of the board. | 2401 |
(L) When the board refuses to grant a certificate to an | 2402 |
applicant, revokes an individual's certificate to practice, | 2403 |
refuses to register an applicant, or refuses to reinstate an | 2404 |
individual's certificate to practice, the board may specify that | 2405 |
its action is permanent. An individual subject to a permanent | 2406 |
action taken by the board is forever thereafter ineligible to hold | 2407 |
a certificate to practice and the board shall not accept an | 2408 |
application for reinstatement of the certificate or for issuance | 2409 |
of a new certificate. | 2410 |
(M) Notwithstanding any other provision of the Revised Code, | 2411 |
all of the following apply: | 2412 |
(1) The surrender of a certificate issued under this chapter | 2413 |
shall not be effective unless or until accepted by the board. A | 2414 |
telephone conference call may be utilized for acceptance of the | 2415 |
surrender of an individual's certificate to practice. The | 2416 |
telephone conference call shall be considered a special meeting | 2417 |
under division (F) of section 121.22 of the Revised Code. | 2418 |
Reinstatement of a certificate surrendered to the board requires | 2419 |
an affirmative vote of not fewer than six members of the board. | 2420 |
(2) An application for a certificate made under the | 2421 |
provisions of this chapter may not be withdrawn without approval | 2422 |
of the board. | 2423 |
(3) Failure by an individual to renew a certificate of | 2424 |
registration in accordance with this chapter shall not remove or | 2425 |
limit the board's jurisdiction to take any disciplinary action | 2426 |
under this section against the individual. | 2427 |
(4) At the request of the board, a certificate holder shall | 2428 |
immediately surrender to the board a certificate that the board | 2429 |
has suspended, revoked, or permanently revoked. | 2430 |
(N) Sanctions shall not be imposed under division (B)(28) of | 2431 |
this section against any person who waives deductibles and | 2432 |
copayments as follows: | 2433 |
(1) In compliance with the health benefit plan that expressly | 2434 |
allows such a practice. Waiver of the deductibles or copayments | 2435 |
shall be made only with the full knowledge and consent of the plan | 2436 |
purchaser, payer, and third-party administrator. Documentation of | 2437 |
the consent shall be made available to the board upon request. | 2438 |
(2) For professional services rendered to any other person | 2439 |
authorized to practice pursuant to this chapter, to the extent | 2440 |
allowed by this chapter and rules adopted by the board. | 2441 |
(O) Under the board's investigative duties described in this | 2442 |
section and subject to division (F) of this section, the board | 2443 |
shall develop and implement a quality intervention program | 2444 |
designed to improve through remedial education the clinical and | 2445 |
communication skills of individuals authorized under this chapter | 2446 |
to practice medicine and surgery, osteopathic medicine and | 2447 |
surgery, and podiatric medicine and surgery. In developing and | 2448 |
implementing the quality intervention program, the board may do | 2449 |
all of the following: | 2450 |
(1) Offer in appropriate cases as determined by the board an | 2451 |
educational and assessment program pursuant to an investigation | 2452 |
the board conducts under this section; | 2453 |
(2) Select providers of educational and assessment services, | 2454 |
including a quality intervention program panel of case reviewers; | 2455 |
(3) Make referrals to educational and assessment service | 2456 |
providers and approve individual educational programs recommended | 2457 |
by those providers. The board shall monitor the progress of each | 2458 |
individual undertaking a recommended individual educational | 2459 |
program. | 2460 |
(4) Determine what constitutes successful completion of an | 2461 |
individual educational program and require further monitoring of | 2462 |
the individual who completed the program or other action that the | 2463 |
board determines to be appropriate; | 2464 |
(5) Adopt rules in accordance with Chapter 119. of the | 2465 |
Revised Code to further implement the quality intervention | 2466 |
program. | 2467 |
An individual who participates in an individual educational | 2468 |
program pursuant to this division shall pay the financial | 2469 |
obligations arising from that educational program. | 2470 |
Sec. 4731.39. The secretary of the state medical board shall | 2471 |
enforce
| 2472 |
this chapter and the rules adopted under it. If | 2473 |
has knowledge or notice of a violation, | 2474 |
investigate the matter, and, upon probable cause appearing, file a | 2475 |
complaint and prosecute the offender. When requested by the | 2476 |
secretary, the prosecuting attorney of the proper county shall | 2477 |
take charge of and conduct such prosecution. | 2478 |
Section 2. That existing sections 3719.41, 4715.033, | 2479 |
4715.034, 4715.30, 4715.301, 4715.302, 4723.487, 4725.092, | 2480 |
4729.162, 4729.291, 4729.51, 4729.552, 4729.57, 4729.79, 4729.80, | 2481 |
4729.86, 4730.53, 4731.054, 4731.055, 4731.22, and 4731.39 of the | 2482 |
Revised Code are hereby repealed. | 2483 |
Section 3. Section 4729.51 of the Revised Code is presented | 2484 |
in this act as a composite of the section as amended by both Am. | 2485 |
H.B. 9 and Am. Sub. H.B. 93 of the 129th General Assembly. The | 2486 |
General Assembly, applying the principle stated in division (B) of | 2487 |
section 1.52 of the Revised Code that amendments are to be | 2488 |
harmonized if reasonably capable of simultaneous operation, finds | 2489 |
that the composite is the resulting version of the section in | 2490 |
effect prior to the effective date of the section as presented in | 2491 |
this act. | 2492 |
Section 4. Section 4731.22 of the Revised Code is presented | 2493 |
in this act as a composite of the section as amended by both H.B. | 2494 |
78 and Am. Sub. H.B. 93 of the 129th General Assembly. The General | 2495 |
Assembly, applying the principle stated in division (B) of section | 2496 |
1.52 of the Revised Code that amendments are to be harmonized if | 2497 |
reasonably capable of simultaneous operation, finds that the | 2498 |
composite is the resulting version of the section in effect prior | 2499 |
to the effective date of the section as presented in this act. | 2500 |