Bill Text: OH SB72 | 2011-2012 | 129th General Assembly | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To revise the criminal laws governing post-viability abortions.
Spectrum: Partisan Bill (Republican 20-1)
Status: (Engrossed - Dead) 2011-04-06 - Passed 3rd Consideration House [SB72 Detail]
Download: Ohio-2011-SB72-Comm_Sub.html
As Reported by the Senate Health, Human Services and Aging Committee
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To revise the criminal laws governing post-viability abortions.
Spectrum: Partisan Bill (Republican 20-1)
Status: (Engrossed - Dead) 2011-04-06 - Passed 3rd Consideration House [SB72 Detail]
Download: Ohio-2011-SB72-Comm_Sub.html
|
|
Senator Lehner
Cosponsors:
Senators Bacon, Beagle, Cates, Daniels, Faber, Gillmor, Grendell, Hite, Hughes, Jordan, Patton, Schaffer, Seitz, Wagoner, Wilson
To amend sections 2305.11, 2307.52, 2919.16, and | 1 |
4731.22, to enact new sections 2919.17 and | 2 |
2919.18, to enact section 2919.171, and to repeal | 3 |
sections 2919.17 and 2919.18 of the Revised Code | 4 |
to revise the criminal laws governing | 5 |
post-viability abortions. | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2305.11, 2307.52, 2919.16, and | 7 |
4731.22 be amended and new sections 2919.17 and 2919.18 and | 8 |
section 2919.171 of the Revised Code be enacted to read as | 9 |
follows: | 10 |
Sec. 2305.11. (A) An action for libel, slander, malicious | 11 |
prosecution, or false imprisonment, an action for malpractice | 12 |
other than an action upon a medical, dental, optometric, or | 13 |
chiropractic claim, or an action upon a statute for a penalty or | 14 |
forfeiture shall be commenced within one year after the cause of | 15 |
action accrued, provided that an action by an employee for the | 16 |
payment of unpaid minimum wages, unpaid overtime compensation, or | 17 |
liquidated damages by reason of the nonpayment of minimum wages or | 18 |
overtime compensation shall be commenced within two years after | 19 |
the cause of action accrued. | 20 |
(B) A civil action for unlawful abortion pursuant to section | 21 |
2919.12 of the Revised Code, a civil action authorized by division | 22 |
(H) of section 2317.56 of the Revised Code, a civil action | 23 |
pursuant to division (B)(1) or (2) of section 2307.51 of the | 24 |
Revised Code for performing a dilation and extraction procedure or | 25 |
attempting to perform a dilation and extraction procedure in | 26 |
violation of section 2919.15 of the Revised Code, and a civil | 27 |
action pursuant to division (B) | 28 |
the Revised Code for terminating or attempting to terminate a | 29 |
human pregnancy after viability in violation of division (A) | 30 |
31 | |
within one year after the performance or inducement of the | 32 |
abortion, within one year after the attempt to perform or induce | 33 |
the abortion in violation of division (A) | 34 |
2919.17 of the Revised Code, within one year after the performance | 35 |
of the dilation and extraction procedure, or, in the case of a | 36 |
civil action pursuant to division (B)(2) of section 2307.51 of the | 37 |
Revised Code, within one year after the attempt to perform the | 38 |
dilation and extraction procedure. | 39 |
(C) As used in this section, "medical claim," "dental claim," | 40 |
"optometric claim," and "chiropractic claim" have the same | 41 |
meanings as in section 2305.113 of the Revised Code. | 42 |
Sec. 2307.52. (A) As used in this section: | 43 |
(1) "Frivolous conduct" has the same meaning as in section | 44 |
2323.51 of the Revised Code. | 45 |
(2) "Viable" has the same meaning as in section 2919.16 of | 46 |
the Revised Code. | 47 |
(B) | 48 |
or induced or attempted to be performed or induced in violation of | 49 |
division (A) of section 2919.17 of the Revised Code has and may | 50 |
commence a civil action for compensatory damages, punitive or | 51 |
exemplary damages if authorized by section 2315.21 of the Revised | 52 |
Code, and court costs and reasonable attorney's fees against the | 53 |
person who purposely performed or induced or attempted to perform | 54 |
or induce the abortion in violation of division (A) of section | 55 |
2919.17 of the Revised Code. | 56 |
| 57 |
58 | |
59 | |
60 | |
61 | |
62 | |
63 | |
64 | |
65 |
(C) If a judgment is rendered in favor of the defendant in a | 66 |
civil action commenced pursuant to division (B) | 67 |
section and the court finds, upon the filing of a motion under | 68 |
section 2323.51 of the Revised Code, that the commencement of the | 69 |
civil action constitutes frivolous conduct and that the defendant | 70 |
was adversely affected by the frivolous conduct, the court shall | 71 |
award in accordance with section 2323.51 of the Revised Code | 72 |
reasonable attorney's fees to the defendant. | 73 |
Sec. 2919.16. As used in sections 2919.16 to 2919.18 of the | 74 |
Revised Code: | 75 |
(A) "Fertilization" means the fusion of a human spermatozoon | 76 |
with a human ovum. | 77 |
(B) "Gestational age" or "gestation" means the age of an | 78 |
unborn | 79 |
menstrual period of a pregnant woman. | 80 |
(C) "Health care facility" means a hospital, clinic, | 81 |
ambulatory surgical treatment center, other center, medical | 82 |
school, office of a physician, infirmary, dispensary, medical | 83 |
training institution, or other institution or location in or at | 84 |
which medical care, treatment, or diagnosis is provided to a | 85 |
person. | 86 |
(D) "Hospital" has the same meanings as in sections 3701.01, | 87 |
3727.01, and 5122.01 of the Revised Code. | 88 |
(E) "Live birth" has the same meaning as in division (A) of | 89 |
section 3705.01 of the Revised Code. | 90 |
(F) "Medical emergency" means a condition that | 91 |
92 | |
93 | |
known to the physician at that time, so complicates the woman's | 94 |
pregnancy as to necessitate the immediate performance or | 95 |
inducement of an abortion in order to prevent the death of the | 96 |
pregnant woman or to avoid a serious risk of the substantial and | 97 |
irreversible impairment of a major bodily function of the pregnant | 98 |
woman that delay in the performance or inducement of the abortion | 99 |
would create. | 100 |
(G) "Physician" has the same meaning as in section 2305.113 | 101 |
of the Revised Code. | 102 |
(H) "Pregnant" means the human female reproductive condition, | 103 |
that commences with fertilization, of having a developing fetus. | 104 |
(I) "Pregnancy" means the condition of being pregnant. | 105 |
(J) "Premature infant" means a human whose live birth occurs | 106 |
prior to thirty-eight weeks of gestational age. | 107 |
| 108 |
impairment of a major bodily function" means any medically | 109 |
diagnosed condition that so complicates the pregnancy of the woman | 110 |
as to directly or indirectly cause the substantial and | 111 |
irreversible impairment of a major bodily function | 112 |
113 |
| 114 |
| 115 |
| 116 |
| 117 |
| 118 |
constitutes a "serious risk of the substantial and irreversible | 119 |
impairment of a major bodily function" includes pre-eclampsia, | 120 |
inevitable abortion, and premature rupture of the membranes, may | 121 |
include, but is not limited to, diabetes and multiple sclerosis, | 122 |
and does not include a condition related to the woman's mental | 123 |
health. | 124 |
| 125 |
the species homo sapiens from fertilization until live birth. | 126 |
| 127 |
fetus at which in the determination of a physician, based on the | 128 |
particular facts of a woman's pregnancy that are known to the | 129 |
physician and in light of medical technology and information | 130 |
reasonably available to the physician, there is a realistic | 131 |
possibility of the maintaining and nourishing of a life outside of | 132 |
the womb with or without temporary artificial life-sustaining | 133 |
support. | 134 |
Sec. 2919.17. (A) No person shall purposely perform or | 135 |
induce or attempt to perform or induce an abortion on a pregnant | 136 |
woman when the unborn child is viable. | 137 |
(B)(1) It is an affirmative defense to a charge under | 138 |
division (A) of this section that the abortion was performed or | 139 |
induced or attempted to be performed or induced by a physician and | 140 |
that the physician determined, in the physician's good faith | 141 |
medical judgment, based on the facts known to the physician at | 142 |
that time, that either of the following applied: | 143 |
(a) The unborn child was not viable. | 144 |
(b) The abortion was necessary to prevent the death of the | 145 |
pregnant woman or a serious risk of the substantial and | 146 |
irreversible impairment of a major bodily function of the pregnant | 147 |
woman. | 148 |
(2) No abortion shall be considered necessary under division | 149 |
(B)(1)(b) of this section on the basis of a claim or diagnosis | 150 |
that the pregnant woman will engage in conduct that would result | 151 |
in the pregnant woman's death or a substantial and irreversible | 152 |
impairment of a major bodily function of the pregnant woman or | 153 |
based on any reason related to the woman's mental health. | 154 |
(C) Except when a medical emergency exists that prevents | 155 |
compliance with section 2919.18 of the Revised Code, the | 156 |
affirmative defense set forth in division (B)(1)(a) of this | 157 |
section does not apply unless the physician who performs or | 158 |
induces or attempts to perform or induce the abortion performs the | 159 |
viability testing required by division (A) of section 2919.18 of | 160 |
the Revised Code and certifies in writing, based on the results of | 161 |
the tests performed, that in the physician's good faith medical | 162 |
judgment the unborn child is not viable. | 163 |
(D) Except when a medical emergency exists that prevents | 164 |
compliance with one or more of the following conditions, the | 165 |
affirmative defense set forth in division (B)(1)(b) of this | 166 |
section does not apply unless the physician who performs or | 167 |
induces or attempts to perform or induce the abortion complies | 168 |
with all of the following conditions: | 169 |
(1) The physician who performs or induces or attempts to | 170 |
perform or induce the abortion certifies in writing that, in the | 171 |
physician's good faith medical judgment, based on the facts known | 172 |
to the physician at that time, the abortion is necessary to | 173 |
prevent the death of the pregnant woman or a serious risk of the | 174 |
substantial and irreversible impairment of a major bodily function | 175 |
of the pregnant woman. | 176 |
(2) Another physician who is not professionally related to | 177 |
the physician who intends to perform or induce the abortion | 178 |
certifies in writing that, in that physician's good faith medical | 179 |
judgment, based on the facts known to that physician at that time, | 180 |
the abortion is necessary to prevent the death of the pregnant | 181 |
woman or a serious risk of the substantial and irreversible | 182 |
impairment of a major bodily function of the pregnant woman. | 183 |
(3) The physician performs or induces or attempts to perform | 184 |
or induce the abortion in a hospital or other health care facility | 185 |
that has appropriate neonatal services for premature infants. | 186 |
(4) The physician who performs or induces or attempts to | 187 |
perform or induce the abortion terminates or attempts to terminate | 188 |
the pregnancy in the manner that provides the best opportunity for | 189 |
the unborn child to survive, unless that physician determines, in | 190 |
the physician's good faith medical judgment, based on the facts | 191 |
known to the physician at that time, that the termination of the | 192 |
pregnancy in that manner poses a greater risk of the death of the | 193 |
pregnant woman or a greater risk of the substantial and | 194 |
irreversible impairment of a major bodily function of the pregnant | 195 |
woman than would other available methods of abortion. | 196 |
(5) The physician certifies in writing the available method | 197 |
or techniques considered and the reasons for choosing the method | 198 |
or technique employed. | 199 |
(6) The physician who performs or induces or attempts to | 200 |
perform or induce the abortion has arranged for the attendance in | 201 |
the same room in which the abortion is to be performed or induced | 202 |
or attempted to be performed or induced at least one other | 203 |
physician who is to take control of, provide immediate medical | 204 |
care for, and take all reasonable steps necessary to preserve the | 205 |
life and health of the unborn child immediately upon the child's | 206 |
complete expulsion or extraction from the pregnant woman. | 207 |
(E) For purposes of this section, there is a rebuttable | 208 |
presumption that an unborn child of at least twenty-four weeks | 209 |
gestational age is viable. | 210 |
(F) Whoever violates this section is guilty of terminating or | 211 |
attempting to terminate a human pregnancy after viability, a | 212 |
felony of the fourth degree. | 213 |
(G) The state medical board shall revoke a physician's | 214 |
license to practice medicine in this state if the physician | 215 |
violates this section. | 216 |
(H) Any physician who performs or induces an abortion or | 217 |
attempts to perform or induce an abortion with actual knowledge | 218 |
that neither of the affirmative defenses set forth in division | 219 |
(B)(1) of this section applies, or with a heedless indifference as | 220 |
to whether either affirmative defense applies, is liable in a | 221 |
civil action for compensatory and exemplary damages and reasonable | 222 |
attorney's fees to any person, or the representative of the estate | 223 |
of any person, who sustains injury, death, or loss to person or | 224 |
property as the result of the performance or inducement or the | 225 |
attempted performance or inducement of the abortion. In any action | 226 |
under this division, the court also may award any injunctive or | 227 |
other equitable relief that the court considers appropriate. | 228 |
(I) A pregnant woman on whom an abortion is performed or | 229 |
induced or attempted to be performed or induced in violation of | 230 |
division (A) of this section is not guilty of violating division | 231 |
(A) of this section or of attempting to commit, conspiring to | 232 |
commit, or complicity in committing a violation of division (A) of | 233 |
this section. | 234 |
Sec. 2919.171. (A) A physician who performs or induces or | 235 |
attempts to perform or induce an abortion on a pregnant woman | 236 |
shall submit a report to the department of health in accordance | 237 |
with the forms, rules, and regulations adopted by the department | 238 |
that includes all of the information the physician is required to | 239 |
certify in writing or determine under sections 2919.17 and 2919.18 | 240 |
of the Revised Code. | 241 |
(B) By September 30 of each year, the department of health | 242 |
shall issue a public report that provides statistics for the | 243 |
previous calendar year compiled from all of the reports covering | 244 |
that calendar year submitted to the department in accordance with | 245 |
this section for each of the items listed in division (A) of this | 246 |
section. The report shall also provide the statistics for each | 247 |
previous calendar year in which a report was filed with the | 248 |
department pursuant to this section, adjusted to reflect any | 249 |
additional information that a physician provides to the department | 250 |
in a late or corrected report. The department shall ensure that | 251 |
none of the information included in the report could reasonably | 252 |
lead to the identification of any pregnant woman upon whom an | 253 |
abortion is performed. | 254 |
(C)(1) The physician shall submit the report described in | 255 |
division (A) of this section to the department of health within | 256 |
fifteen days after the woman is discharged. If the physician fails | 257 |
to submit the report more than thirty days after that fifteen-day | 258 |
deadline, the physician shall be subject to a late fee of five | 259 |
hundred dollars for each additional thirty-day period or portion | 260 |
of a thirty-day period the report is overdue. A physician who is | 261 |
required to submit to the department of health a report under | 262 |
division (A) of this section and who has not submitted a report or | 263 |
has submitted an incomplete report more than one year following | 264 |
the fifteen-day deadline may, in an action brought by the | 265 |
department of health, be directed by a court of competent | 266 |
jurisdiction to submit a complete report to the department of | 267 |
health within a period of time stated in a court order or be | 268 |
subject to contempt of court. | 269 |
(2) If a physician fails to comply with the requirements of | 270 |
this section, other than filing a late report with the department | 271 |
of health, or fails to submit a complete report to the department | 272 |
of health in accordance with a court order, the physician is | 273 |
subject to division (B)(41) of section 4731.22 of the Revised | 274 |
Code. | 275 |
(3) No person shall falsify any report required under this | 276 |
section. Whoever violates this division is guilty of abortion | 277 |
report falsification, a misdemeanor of the first degree. | 278 |
(D) Within ninety days of the effective date of this section, | 279 |
the department of health shall adopt rules pursuant to section | 280 |
111.15 of the Revised Code to assist in compliance with this | 281 |
section. | 282 |
Sec. 2919.18. (A) Except in a medical emergency that | 283 |
prevents compliance with this division, no physician shall perform | 284 |
or induce or attempt to perform or induce an abortion on a | 285 |
pregnant woman after the beginning of the twentieth week of | 286 |
gestation unless, prior to the performance or inducement of the | 287 |
abortion or the attempt to perform or induce the abortion, the | 288 |
physician determines, in the physician's good faith medical | 289 |
judgment, that the unborn child is not viable, and the physician | 290 |
makes that determination after performing a medical examination of | 291 |
the pregnant woman and after performing or causing to be performed | 292 |
those tests for assessing gestational age, weight, lung maturity, | 293 |
or other tests that the physician, in that physician's good faith | 294 |
medical judgment, believes are necessary to determine whether an | 295 |
unborn child is viable. | 296 |
(B) Except in a medical emergency that prevents compliance | 297 |
with this division, no physician shall perform or induce or | 298 |
attempt to perform or induce an abortion on a pregnant woman after | 299 |
the beginning of the twentieth week of gestation without first | 300 |
entering the determination made in division (A) of this section | 301 |
and the associated findings of the medical examination and tests | 302 |
in the medical record of the pregnant woman. | 303 |
(C) Whoever violates this section is guilty of failure to | 304 |
perform viability testing, a misdemeanor of the fourth degree. | 305 |
(D) The state medical board shall suspend a physician's | 306 |
license to practice medicine in this state for a period of not | 307 |
less than six months if the physician violates this section. | 308 |
Sec. 4731.22. (A) The state medical board, by an affirmative | 309 |
vote of not fewer than six of its members, may revoke or may | 310 |
refuse to grant a certificate to a person found by the board to | 311 |
have committed fraud during the administration of the examination | 312 |
for a certificate to practice or to have committed fraud, | 313 |
misrepresentation, or deception in applying for or securing any | 314 |
certificate to practice or certificate of registration issued by | 315 |
the board. | 316 |
(B) The board, by an affirmative vote of not fewer than six | 317 |
members, shall, to the extent permitted by law, limit, revoke, or | 318 |
suspend an individual's certificate to practice, refuse to | 319 |
register an individual, refuse to reinstate a certificate, or | 320 |
reprimand or place on probation the holder of a certificate for | 321 |
one or more of the following reasons: | 322 |
(1) Permitting one's name or one's certificate to practice or | 323 |
certificate of registration to be used by a person, group, or | 324 |
corporation when the individual concerned is not actually | 325 |
directing the treatment given; | 326 |
(2) Failure to maintain minimal standards applicable to the | 327 |
selection or administration of drugs, or failure to employ | 328 |
acceptable scientific methods in the selection of drugs or other | 329 |
modalities for treatment of disease; | 330 |
(3) Selling, giving away, personally furnishing, prescribing, | 331 |
or administering drugs for other than legal and legitimate | 332 |
therapeutic purposes or a plea of guilty to, a judicial finding of | 333 |
guilt of, or a judicial finding of eligibility for intervention in | 334 |
lieu of conviction of, a violation of any federal or state law | 335 |
regulating the possession, distribution, or use of any drug; | 336 |
(4) Willfully betraying a professional confidence. | 337 |
For purposes of this division, "willfully betraying a | 338 |
professional confidence" does not include providing any | 339 |
information, documents, or reports to a child fatality review | 340 |
board under sections 307.621 to 307.629 of the Revised Code and | 341 |
does not include the making of a report of an employee's use of a | 342 |
drug of abuse, or a report of a condition of an employee other | 343 |
than one involving the use of a drug of abuse, to the employer of | 344 |
the employee as described in division (B) of section 2305.33 of | 345 |
the Revised Code. Nothing in this division affects the immunity | 346 |
from civil liability conferred by that section upon a physician | 347 |
who makes either type of report in accordance with division (B) of | 348 |
that section. As used in this division, "employee," "employer," | 349 |
and "physician" have the same meanings as in section 2305.33 of | 350 |
the Revised Code. | 351 |
(5) Making a false, fraudulent, deceptive, or misleading | 352 |
statement in the solicitation of or advertising for patients; in | 353 |
relation to the practice of medicine and surgery, osteopathic | 354 |
medicine and surgery, podiatric medicine and surgery, or a limited | 355 |
branch of medicine; or in securing or attempting to secure any | 356 |
certificate to practice or certificate of registration issued by | 357 |
the board. | 358 |
As used in this division, "false, fraudulent, deceptive, or | 359 |
misleading statement" means a statement that includes a | 360 |
misrepresentation of fact, is likely to mislead or deceive because | 361 |
of a failure to disclose material facts, is intended or is likely | 362 |
to create false or unjustified expectations of favorable results, | 363 |
or includes representations or implications that in reasonable | 364 |
probability will cause an ordinarily prudent person to | 365 |
misunderstand or be deceived. | 366 |
(6) A departure from, or the failure to conform to, minimal | 367 |
standards of care of similar practitioners under the same or | 368 |
similar circumstances, whether or not actual injury to a patient | 369 |
is established; | 370 |
(7) Representing, with the purpose of obtaining compensation | 371 |
or other advantage as personal gain or for any other person, that | 372 |
an incurable disease or injury, or other incurable condition, can | 373 |
be permanently cured; | 374 |
(8) The obtaining of, or attempting to obtain, money or | 375 |
anything of value by fraudulent misrepresentations in the course | 376 |
of practice; | 377 |
(9) A plea of guilty to, a judicial finding of guilt of, or a | 378 |
judicial finding of eligibility for intervention in lieu of | 379 |
conviction for, a felony; | 380 |
(10) Commission of an act that constitutes a felony in this | 381 |
state, regardless of the jurisdiction in which the act was | 382 |
committed; | 383 |
(11) A plea of guilty to, a judicial finding of guilt of, or | 384 |
a judicial finding of eligibility for intervention in lieu of | 385 |
conviction for, a misdemeanor committed in the course of practice; | 386 |
(12) Commission of an act in the course of practice that | 387 |
constitutes a misdemeanor in this state, regardless of the | 388 |
jurisdiction in which the act was committed; | 389 |
(13) A plea of guilty to, a judicial finding of guilt of, or | 390 |
a judicial finding of eligibility for intervention in lieu of | 391 |
conviction for, a misdemeanor involving moral turpitude; | 392 |
(14) Commission of an act involving moral turpitude that | 393 |
constitutes a misdemeanor in this state, regardless of the | 394 |
jurisdiction in which the act was committed; | 395 |
(15) Violation of the conditions of limitation placed by the | 396 |
board upon a certificate to practice; | 397 |
(16) Failure to pay license renewal fees specified in this | 398 |
chapter; | 399 |
(17) Except as authorized in section 4731.31 of the Revised | 400 |
Code, engaging in the division of fees for referral of patients, | 401 |
or the receiving of a thing of value in return for a specific | 402 |
referral of a patient to utilize a particular service or business; | 403 |
(18) Subject to section 4731.226 of the Revised Code, | 404 |
violation of any provision of a code of ethics of the American | 405 |
medical association, the American osteopathic association, the | 406 |
American podiatric medical association, or any other national | 407 |
professional organizations that the board specifies by rule. The | 408 |
state medical board shall obtain and keep on file current copies | 409 |
of the codes of ethics of the various national professional | 410 |
organizations. The individual whose certificate is being suspended | 411 |
or revoked shall not be found to have violated any provision of a | 412 |
code of ethics of an organization not appropriate to the | 413 |
individual's profession. | 414 |
For purposes of this division, a "provision of a code of | 415 |
ethics of a national professional organization" does not include | 416 |
any provision that would preclude the making of a report by a | 417 |
physician of an employee's use of a drug of abuse, or of a | 418 |
condition of an employee other than one involving the use of a | 419 |
drug of abuse, to the employer of the employee as described in | 420 |
division (B) of section 2305.33 of the Revised Code. Nothing in | 421 |
this division affects the immunity from civil liability conferred | 422 |
by that section upon a physician who makes either type of report | 423 |
in accordance with division (B) of that section. As used in this | 424 |
division, "employee," "employer," and "physician" have the same | 425 |
meanings as in section 2305.33 of the Revised Code. | 426 |
(19) Inability to practice according to acceptable and | 427 |
prevailing standards of care by reason of mental illness or | 428 |
physical illness, including, but not limited to, physical | 429 |
deterioration that adversely affects cognitive, motor, or | 430 |
perceptive skills. | 431 |
In enforcing this division, the board, upon a showing of a | 432 |
possible violation, may compel any individual authorized to | 433 |
practice by this chapter or who has submitted an application | 434 |
pursuant to this chapter to submit to a mental examination, | 435 |
physical examination, including an HIV test, or both a mental and | 436 |
a physical examination. The expense of the examination is the | 437 |
responsibility of the individual compelled to be examined. Failure | 438 |
to submit to a mental or physical examination or consent to an HIV | 439 |
test ordered by the board constitutes an admission of the | 440 |
allegations against the individual unless the failure is due to | 441 |
circumstances beyond the individual's control, and a default and | 442 |
final order may be entered without the taking of testimony or | 443 |
presentation of evidence. If the board finds an individual unable | 444 |
to practice because of the reasons set forth in this division, the | 445 |
board shall require the individual to submit to care, counseling, | 446 |
or treatment by physicians approved or designated by the board, as | 447 |
a condition for initial, continued, reinstated, or renewed | 448 |
authority to practice. An individual affected under this division | 449 |
shall be afforded an opportunity to demonstrate to the board the | 450 |
ability to resume practice in compliance with acceptable and | 451 |
prevailing standards under the provisions of the individual's | 452 |
certificate. For the purpose of this division, any individual who | 453 |
applies for or receives a certificate to practice under this | 454 |
chapter accepts the privilege of practicing in this state and, by | 455 |
so doing, shall be deemed to have given consent to submit to a | 456 |
mental or physical examination when directed to do so in writing | 457 |
by the board, and to have waived all objections to the | 458 |
admissibility of testimony or examination reports that constitute | 459 |
a privileged communication. | 460 |
(20) Except when civil penalties are imposed under section | 461 |
4731.225 or 4731.281 of the Revised Code, and subject to section | 462 |
4731.226 of the Revised Code, violating or attempting to violate, | 463 |
directly or indirectly, or assisting in or abetting the violation | 464 |
of, or conspiring to violate, any provisions of this chapter or | 465 |
any rule promulgated by the board. | 466 |
This division does not apply to a violation or attempted | 467 |
violation of, assisting in or abetting the violation of, or a | 468 |
conspiracy to violate, any provision of this chapter or any rule | 469 |
adopted by the board that would preclude the making of a report by | 470 |
a physician of an employee's use of a drug of abuse, or of a | 471 |
condition of an employee other than one involving the use of a | 472 |
drug of abuse, to the employer of the employee as described in | 473 |
division (B) of section 2305.33 of the Revised Code. Nothing in | 474 |
this division affects the immunity from civil liability conferred | 475 |
by that section upon a physician who makes either type of report | 476 |
in accordance with division (B) of that section. As used in this | 477 |
division, "employee," "employer," and "physician" have the same | 478 |
meanings as in section 2305.33 of the Revised Code. | 479 |
(21) The violation of section 3701.79 of the Revised Code or | 480 |
of any abortion rule adopted by the public health council pursuant | 481 |
to section 3701.341 of the Revised Code; | 482 |
(22) Any of the following actions taken by the agency | 483 |
responsible for regulating the practice of medicine and surgery, | 484 |
osteopathic medicine and surgery, podiatric medicine and surgery, | 485 |
or the limited branches of medicine in another jurisdiction, for | 486 |
any reason other than the nonpayment of fees: the limitation, | 487 |
revocation, or suspension of an individual's license to practice; | 488 |
acceptance of an individual's license surrender; denial of a | 489 |
license; refusal to renew or reinstate a license; imposition of | 490 |
probation; or issuance of an order of censure or other reprimand; | 491 |
(23) The violation of section 2919.12 of the Revised Code or | 492 |
the performance or inducement of an abortion upon a pregnant woman | 493 |
with actual knowledge that the conditions specified in division | 494 |
(B) of section 2317.56 of the Revised Code have not been satisfied | 495 |
or with a heedless indifference as to whether those conditions | 496 |
have been satisfied, unless an affirmative defense as specified in | 497 |
division (H)(2) of that section would apply in a civil action | 498 |
authorized by division (H)(1) of that section; | 499 |
(24) The revocation, suspension, restriction, reduction, or | 500 |
termination of clinical privileges by the United States department | 501 |
of defense or department of veterans affairs or the termination or | 502 |
suspension of a certificate of registration to prescribe drugs by | 503 |
the drug enforcement administration of the United States | 504 |
department of justice; | 505 |
(25) Termination or suspension from participation in the | 506 |
medicare or medicaid programs by the department of health and | 507 |
human services or other responsible agency for any act or acts | 508 |
that also would constitute a violation of division (B)(2), (3), | 509 |
(6), (8), or (19) of this section; | 510 |
(26) Impairment of ability to practice according to | 511 |
acceptable and prevailing standards of care because of habitual or | 512 |
excessive use or abuse of drugs, alcohol, or other substances that | 513 |
impair ability to practice. | 514 |
For the purposes of this division, any individual authorized | 515 |
to practice by this chapter accepts the privilege of practicing in | 516 |
this state subject to supervision by the board. By filing an | 517 |
application for or holding a certificate to practice under this | 518 |
chapter, an individual shall be deemed to have given consent to | 519 |
submit to a mental or physical examination when ordered to do so | 520 |
by the board in writing, and to have waived all objections to the | 521 |
admissibility of testimony or examination reports that constitute | 522 |
privileged communications. | 523 |
If it has reason to believe that any individual authorized to | 524 |
practice by this chapter or any applicant for certification to | 525 |
practice suffers such impairment, the board may compel the | 526 |
individual to submit to a mental or physical examination, or both. | 527 |
The expense of the examination is the responsibility of the | 528 |
individual compelled to be examined. Any mental or physical | 529 |
examination required under this division shall be undertaken by a | 530 |
treatment provider or physician who is qualified to conduct the | 531 |
examination and who is chosen by the board. | 532 |
Failure to submit to a mental or physical examination ordered | 533 |
by the board constitutes an admission of the allegations against | 534 |
the individual unless the failure is due to circumstances beyond | 535 |
the individual's control, and a default and final order may be | 536 |
entered without the taking of testimony or presentation of | 537 |
evidence. If the board determines that the individual's ability to | 538 |
practice is impaired, the board shall suspend the individual's | 539 |
certificate or deny the individual's application and shall require | 540 |
the individual, as a condition for initial, continued, reinstated, | 541 |
or renewed certification to practice, to submit to treatment. | 542 |
Before being eligible to apply for reinstatement of a | 543 |
certificate suspended under this division, the impaired | 544 |
practitioner shall demonstrate to the board the ability to resume | 545 |
practice in compliance with acceptable and prevailing standards of | 546 |
care under the provisions of the practitioner's certificate. The | 547 |
demonstration shall include, but shall not be limited to, the | 548 |
following: | 549 |
(a) Certification from a treatment provider approved under | 550 |
section 4731.25 of the Revised Code that the individual has | 551 |
successfully completed any required inpatient treatment; | 552 |
(b) Evidence of continuing full compliance with an aftercare | 553 |
contract or consent agreement; | 554 |
(c) Two written reports indicating that the individual's | 555 |
ability to practice has been assessed and that the individual has | 556 |
been found capable of practicing according to acceptable and | 557 |
prevailing standards of care. The reports shall be made by | 558 |
individuals or providers approved by the board for making the | 559 |
assessments and shall describe the basis for their determination. | 560 |
The board may reinstate a certificate suspended under this | 561 |
division after that demonstration and after the individual has | 562 |
entered into a written consent agreement. | 563 |
When the impaired practitioner resumes practice, the board | 564 |
shall require continued monitoring of the individual. The | 565 |
monitoring shall include, but not be limited to, compliance with | 566 |
the written consent agreement entered into before reinstatement or | 567 |
with conditions imposed by board order after a hearing, and, upon | 568 |
termination of the consent agreement, submission to the board for | 569 |
at least two years of annual written progress reports made under | 570 |
penalty of perjury stating whether the individual has maintained | 571 |
sobriety. | 572 |
(27) A second or subsequent violation of section 4731.66 or | 573 |
4731.69 of the Revised Code; | 574 |
(28) Except as provided in division (N) of this section: | 575 |
(a) Waiving the payment of all or any part of a deductible or | 576 |
copayment that a patient, pursuant to a health insurance or health | 577 |
care policy, contract, or plan that covers the individual's | 578 |
services, otherwise would be required to pay if the waiver is used | 579 |
as an enticement to a patient or group of patients to receive | 580 |
health care services from that individual; | 581 |
(b) Advertising that the individual will waive the payment of | 582 |
all or any part of a deductible or copayment that a patient, | 583 |
pursuant to a health insurance or health care policy, contract, or | 584 |
plan that covers the individual's services, otherwise would be | 585 |
required to pay. | 586 |
(29) Failure to use universal blood and body fluid | 587 |
precautions established by rules adopted under section 4731.051 of | 588 |
the Revised Code; | 589 |
(30) Failure to provide notice to, and receive acknowledgment | 590 |
of the notice from, a patient when required by section 4731.143 of | 591 |
the Revised Code prior to providing nonemergency professional | 592 |
services, or failure to maintain that notice in the patient's | 593 |
file; | 594 |
(31) Failure of a physician supervising a physician assistant | 595 |
to maintain supervision in accordance with the requirements of | 596 |
Chapter 4730. of the Revised Code and the rules adopted under that | 597 |
chapter; | 598 |
(32) Failure of a physician or podiatrist to enter into a | 599 |
standard care arrangement with a clinical nurse specialist, | 600 |
certified nurse-midwife, or certified nurse practitioner with whom | 601 |
the physician or podiatrist is in collaboration pursuant to | 602 |
section 4731.27 of the Revised Code or failure to fulfill the | 603 |
responsibilities of collaboration after entering into a standard | 604 |
care arrangement; | 605 |
(33) Failure to comply with the terms of a consult agreement | 606 |
entered into with a pharmacist pursuant to section 4729.39 of the | 607 |
Revised Code; | 608 |
(34) Failure to cooperate in an investigation conducted by | 609 |
the board under division (F) of this section, including failure to | 610 |
comply with a subpoena or order issued by the board or failure to | 611 |
answer truthfully a question presented by the board at a | 612 |
deposition or in written interrogatories, except that failure to | 613 |
cooperate with an investigation shall not constitute grounds for | 614 |
discipline under this section if a court of competent jurisdiction | 615 |
has issued an order that either quashes a subpoena or permits the | 616 |
individual to withhold the testimony or evidence in issue; | 617 |
(35) Failure to supervise an acupuncturist in accordance with | 618 |
Chapter 4762. of the Revised Code and the board's rules for | 619 |
supervision of an acupuncturist; | 620 |
(36) Failure to supervise an anesthesiologist assistant in | 621 |
accordance with Chapter 4760. of the Revised Code and the board's | 622 |
rules for supervision of an anesthesiologist assistant; | 623 |
(37) Assisting suicide as defined in section 3795.01 of the | 624 |
Revised Code; | 625 |
(38) Failure to comply with the requirements of section | 626 |
2317.561 of the Revised Code; | 627 |
(39) Failure to supervise a radiologist assistant in | 628 |
accordance with Chapter 4774. of the Revised Code and the board's | 629 |
rules for supervision of radiologist assistants; | 630 |
(40) Performing or inducing an abortion at an office or | 631 |
facility with knowledge that the office or facility fails to post | 632 |
the notice required under section 3701.791 of the Revised Code; | 633 |
(41) Failure to comply with the requirements of section | 634 |
2919.171 of the Revised Code or failure to submit to the | 635 |
department of health in accordance with a court order a complete | 636 |
report as described in section 2919.171 of the Revised Code. | 637 |
(C) Disciplinary actions taken by the board under divisions | 638 |
(A) and (B) of this section shall be taken pursuant to an | 639 |
adjudication under Chapter 119. of the Revised Code, except that | 640 |
in lieu of an adjudication, the board may enter into a consent | 641 |
agreement with an individual to resolve an allegation of a | 642 |
violation of this chapter or any rule adopted under it. A consent | 643 |
agreement, when ratified by an affirmative vote of not fewer than | 644 |
six members of the board, shall constitute the findings and order | 645 |
of the board with respect to the matter addressed in the | 646 |
agreement. If the board refuses to ratify a consent agreement, the | 647 |
admissions and findings contained in the consent agreement shall | 648 |
be of no force or effect. | 649 |
If the board takes disciplinary action against an individual | 650 |
under division (B) of this section for a second or subsequent plea | 651 |
of guilty to, or judicial finding of guilt of, a violation of | 652 |
section 2919.123 of the Revised Code, the disciplinary action | 653 |
shall consist of a suspension of the individual's certificate to | 654 |
practice for a period of at least one year or, if determined | 655 |
appropriate by the board, a more serious sanction involving the | 656 |
individual's certificate to practice. Any consent agreement | 657 |
entered into under this division with an individual that pertains | 658 |
to a second or subsequent plea of guilty to, or judicial finding | 659 |
of guilt of, a violation of that section shall provide for a | 660 |
suspension of the individual's certificate to practice for a | 661 |
period of at least one year or, if determined appropriate by the | 662 |
board, a more serious sanction involving the individual's | 663 |
certificate to practice. | 664 |
(D) For purposes of divisions (B)(10), (12), and (14) of this | 665 |
section, the commission of the act may be established by a finding | 666 |
by the board, pursuant to an adjudication under Chapter 119. of | 667 |
the Revised Code, that the individual committed the act. The board | 668 |
does not have jurisdiction under those divisions if the trial | 669 |
court renders a final judgment in the individual's favor and that | 670 |
judgment is based upon an adjudication on the merits. The board | 671 |
has jurisdiction under those divisions if the trial court issues | 672 |
an order of dismissal upon technical or procedural grounds. | 673 |
(E) The sealing of conviction records by any court shall have | 674 |
no effect upon a prior board order entered under this section or | 675 |
upon the board's jurisdiction to take action under this section | 676 |
if, based upon a plea of guilty, a judicial finding of guilt, or a | 677 |
judicial finding of eligibility for intervention in lieu of | 678 |
conviction, the board issued a notice of opportunity for a hearing | 679 |
prior to the court's order to seal the records. The board shall | 680 |
not be required to seal, destroy, redact, or otherwise modify its | 681 |
records to reflect the court's sealing of conviction records. | 682 |
(F)(1) The board shall investigate evidence that appears to | 683 |
show that a person has violated any provision of this chapter or | 684 |
any rule adopted under it. Any person may report to the board in a | 685 |
signed writing any information that the person may have that | 686 |
appears to show a violation of any provision of this chapter or | 687 |
any rule adopted under it. In the absence of bad faith, any person | 688 |
who reports information of that nature or who testifies before the | 689 |
board in any adjudication conducted under Chapter 119. of the | 690 |
Revised Code shall not be liable in damages in a civil action as a | 691 |
result of the report or testimony. Each complaint or allegation of | 692 |
a violation received by the board shall be assigned a case number | 693 |
and shall be recorded by the board. | 694 |
(2) Investigations of alleged violations of this chapter or | 695 |
any rule adopted under it shall be supervised by the supervising | 696 |
member elected by the board in accordance with section 4731.02 of | 697 |
the Revised Code and by the secretary as provided in section | 698 |
4731.39 of the Revised Code. The president may designate another | 699 |
member of the board to supervise the investigation in place of the | 700 |
supervising member. No member of the board who supervises the | 701 |
investigation of a case shall participate in further adjudication | 702 |
of the case. | 703 |
(3) In investigating a possible violation of this chapter or | 704 |
any rule adopted under this chapter, the board may administer | 705 |
oaths, order the taking of depositions, issue subpoenas, and | 706 |
compel the attendance of witnesses and production of books, | 707 |
accounts, papers, records, documents, and testimony, except that a | 708 |
subpoena for patient record information shall not be issued | 709 |
without consultation with the attorney general's office and | 710 |
approval of the secretary and supervising member of the board. | 711 |
Before issuance of a subpoena for patient record information, the | 712 |
secretary and supervising member shall determine whether there is | 713 |
probable cause to believe that the complaint filed alleges a | 714 |
violation of this chapter or any rule adopted under it and that | 715 |
the records sought are relevant to the alleged violation and | 716 |
material to the investigation. The subpoena may apply only to | 717 |
records that cover a reasonable period of time surrounding the | 718 |
alleged violation. | 719 |
On failure to comply with any subpoena issued by the board | 720 |
and after reasonable notice to the person being subpoenaed, the | 721 |
board may move for an order compelling the production of persons | 722 |
or records pursuant to the Rules of Civil Procedure. | 723 |
A subpoena issued by the board may be served by a sheriff, | 724 |
the sheriff's deputy, or a board employee designated by the board. | 725 |
Service of a subpoena issued by the board may be made by | 726 |
delivering a copy of the subpoena to the person named therein, | 727 |
reading it to the person, or leaving it at the person's usual | 728 |
place of residence. When the person being served is a person whose | 729 |
practice is authorized by this chapter, service of the subpoena | 730 |
may be made by certified mail, restricted delivery, return receipt | 731 |
requested, and the subpoena shall be deemed served on the date | 732 |
delivery is made or the date the person refuses to accept | 733 |
delivery. | 734 |
A sheriff's deputy who serves a subpoena shall receive the | 735 |
same fees as a sheriff. Each witness who appears before the board | 736 |
in obedience to a subpoena shall receive the fees and mileage | 737 |
provided for under section 119.094 of the Revised Code. | 738 |
(4) All hearings and investigations of the board shall be | 739 |
considered civil actions for the purposes of section 2305.252 of | 740 |
the Revised Code. | 741 |
(5) Information received by the board pursuant to an | 742 |
investigation is confidential and not subject to discovery in any | 743 |
civil action. | 744 |
The board shall conduct all investigations and proceedings in | 745 |
a manner that protects the confidentiality of patients and persons | 746 |
who file complaints with the board. The board shall not make | 747 |
public the names or any other identifying information about | 748 |
patients or complainants unless proper consent is given or, in the | 749 |
case of a patient, a waiver of the patient privilege exists under | 750 |
division (B) of section 2317.02 of the Revised Code, except that | 751 |
consent or a waiver of that nature is not required if the board | 752 |
possesses reliable and substantial evidence that no bona fide | 753 |
physician-patient relationship exists. | 754 |
The board may share any information it receives pursuant to | 755 |
an investigation, including patient records and patient record | 756 |
information, with law enforcement agencies, other licensing | 757 |
boards, and other governmental agencies that are prosecuting, | 758 |
adjudicating, or investigating alleged violations of statutes or | 759 |
administrative rules. An agency or board that receives the | 760 |
information shall comply with the same requirements regarding | 761 |
confidentiality as those with which the state medical board must | 762 |
comply, notwithstanding any conflicting provision of the Revised | 763 |
Code or procedure of the agency or board that applies when it is | 764 |
dealing with other information in its possession. In a judicial | 765 |
proceeding, the information may be admitted into evidence only in | 766 |
accordance with the Rules of Evidence, but the court shall require | 767 |
that appropriate measures are taken to ensure that confidentiality | 768 |
is maintained with respect to any part of the information that | 769 |
contains names or other identifying information about patients or | 770 |
complainants whose confidentiality was protected by the state | 771 |
medical board when the information was in the board's possession. | 772 |
Measures to ensure confidentiality that may be taken by the court | 773 |
include sealing its records or deleting specific information from | 774 |
its records. | 775 |
(6) On a quarterly basis, the board shall prepare a report | 776 |
that documents the disposition of all cases during the preceding | 777 |
three months. The report shall contain the following information | 778 |
for each case with which the board has completed its activities: | 779 |
(a) The case number assigned to the complaint or alleged | 780 |
violation; | 781 |
(b) The type of certificate to practice, if any, held by the | 782 |
individual against whom the complaint is directed; | 783 |
(c) A description of the allegations contained in the | 784 |
complaint; | 785 |
(d) The disposition of the case. | 786 |
The report shall state how many cases are still pending and | 787 |
shall be prepared in a manner that protects the identity of each | 788 |
person involved in each case. The report shall be a public record | 789 |
under section 149.43 of the Revised Code. | 790 |
(G) If the secretary and supervising member determine that | 791 |
there is clear and convincing evidence that an individual has | 792 |
violated division (B) of this section and that the individual's | 793 |
continued practice presents a danger of immediate and serious harm | 794 |
to the public, they may recommend that the board suspend the | 795 |
individual's certificate to practice without a prior hearing. | 796 |
Written allegations shall be prepared for consideration by the | 797 |
board. | 798 |
The board, upon review of those allegations and by an | 799 |
affirmative vote of not fewer than six of its members, excluding | 800 |
the secretary and supervising member, may suspend a certificate | 801 |
without a prior hearing. A telephone conference call may be | 802 |
utilized for reviewing the allegations and taking the vote on the | 803 |
summary suspension. | 804 |
The board shall issue a written order of suspension by | 805 |
certified mail or in person in accordance with section 119.07 of | 806 |
the Revised Code. The order shall not be subject to suspension by | 807 |
the court during pendency of any appeal filed under section 119.12 | 808 |
of the Revised Code. If the individual subject to the summary | 809 |
suspension requests an adjudicatory hearing by the board, the date | 810 |
set for the hearing shall be within fifteen days, but not earlier | 811 |
than seven days, after the individual requests the hearing, unless | 812 |
otherwise agreed to by both the board and the individual. | 813 |
Any summary suspension imposed under this division shall | 814 |
remain in effect, unless reversed on appeal, until a final | 815 |
adjudicative order issued by the board pursuant to this section | 816 |
and Chapter 119. of the Revised Code becomes effective. The board | 817 |
shall issue its final adjudicative order within seventy-five days | 818 |
after completion of its hearing. A failure to issue the order | 819 |
within seventy-five days shall result in dissolution of the | 820 |
summary suspension order but shall not invalidate any subsequent, | 821 |
final adjudicative order. | 822 |
(H) If the board takes action under division (B)(9), (11), or | 823 |
(13) of this section and the judicial finding of guilt, guilty | 824 |
plea, or judicial finding of eligibility for intervention in lieu | 825 |
of conviction is overturned on appeal, upon exhaustion of the | 826 |
criminal appeal, a petition for reconsideration of the order may | 827 |
be filed with the board along with appropriate court documents. | 828 |
Upon receipt of a petition of that nature and supporting court | 829 |
documents, the board shall reinstate the individual's certificate | 830 |
to practice. The board may then hold an adjudication under Chapter | 831 |
119. of the Revised Code to determine whether the individual | 832 |
committed the act in question. Notice of an opportunity for a | 833 |
hearing shall be given in accordance with Chapter 119. of the | 834 |
Revised Code. If the board finds, pursuant to an adjudication held | 835 |
under this division, that the individual committed the act or if | 836 |
no hearing is requested, the board may order any of the sanctions | 837 |
identified under division (B) of this section. | 838 |
(I) The certificate to practice issued to an individual under | 839 |
this chapter and the individual's practice in this state are | 840 |
automatically suspended as of the date of the individual's second | 841 |
or subsequent plea of guilty to, or judicial finding of guilt of, | 842 |
a violation of section 2919.123 of the Revised Code, or the date | 843 |
the individual pleads guilty to, is found by a judge or jury to be | 844 |
guilty of, or is subject to a judicial finding of eligibility for | 845 |
intervention in lieu of conviction in this state or treatment or | 846 |
intervention in lieu of conviction in another jurisdiction for any | 847 |
of the following criminal offenses in this state or a | 848 |
substantially equivalent criminal offense in another jurisdiction: | 849 |
aggravated murder, murder, voluntary manslaughter, felonious | 850 |
assault, kidnapping, rape, sexual battery, gross sexual | 851 |
imposition, aggravated arson, aggravated robbery, or aggravated | 852 |
burglary. Continued practice after suspension shall be considered | 853 |
practicing without a certificate. | 854 |
The board shall notify the individual subject to the | 855 |
suspension by certified mail or in person in accordance with | 856 |
section 119.07 of the Revised Code. If an individual whose | 857 |
certificate is automatically suspended under this division fails | 858 |
to make a timely request for an adjudication under Chapter 119. of | 859 |
the Revised Code, the board shall do whichever of the following is | 860 |
applicable: | 861 |
(1) If the automatic suspension under this division is for a | 862 |
second or subsequent plea of guilty to, or judicial finding of | 863 |
guilt of, a violation of section 2919.123 of the Revised Code, the | 864 |
board shall enter an order suspending the individual's certificate | 865 |
to practice for a period of at least one year or, if determined | 866 |
appropriate by the board, imposing a more serious sanction | 867 |
involving the individual's certificate to practice. | 868 |
(2) In all circumstances in which division (I)(1) of this | 869 |
section does not apply, enter a final order permanently revoking | 870 |
the individual's certificate to practice. | 871 |
(J) If the board is required by Chapter 119. of the Revised | 872 |
Code to give notice of an opportunity for a hearing and if the | 873 |
individual subject to the notice does not timely request a hearing | 874 |
in accordance with section 119.07 of the Revised Code, the board | 875 |
is not required to hold a hearing, but may adopt, by an | 876 |
affirmative vote of not fewer than six of its members, a final | 877 |
order that contains the board's findings. In that final order, the | 878 |
board may order any of the sanctions identified under division (A) | 879 |
or (B) of this section. | 880 |
(K) Any action taken by the board under division (B) of this | 881 |
section resulting in a suspension from practice shall be | 882 |
accompanied by a written statement of the conditions under which | 883 |
the individual's certificate to practice may be reinstated. The | 884 |
board shall adopt rules governing conditions to be imposed for | 885 |
reinstatement. Reinstatement of a certificate suspended pursuant | 886 |
to division (B) of this section requires an affirmative vote of | 887 |
not fewer than six members of the board. | 888 |
(L) When the board refuses to grant a certificate to an | 889 |
applicant, revokes an individual's certificate to practice, | 890 |
refuses to register an applicant, or refuses to reinstate an | 891 |
individual's certificate to practice, the board may specify that | 892 |
its action is permanent. An individual subject to a permanent | 893 |
action taken by the board is forever thereafter ineligible to hold | 894 |
a certificate to practice and the board shall not accept an | 895 |
application for reinstatement of the certificate or for issuance | 896 |
of a new certificate. | 897 |
(M) Notwithstanding any other provision of the Revised Code, | 898 |
all of the following apply: | 899 |
(1) The surrender of a certificate issued under this chapter | 900 |
shall not be effective unless or until accepted by the board. | 901 |
Reinstatement of a certificate surrendered to the board requires | 902 |
an affirmative vote of not fewer than six members of the board. | 903 |
(2) An application for a certificate made under the | 904 |
provisions of this chapter may not be withdrawn without approval | 905 |
of the board. | 906 |
(3) Failure by an individual to renew a certificate of | 907 |
registration in accordance with this chapter shall not remove or | 908 |
limit the board's jurisdiction to take any disciplinary action | 909 |
under this section against the individual. | 910 |
(N) Sanctions shall not be imposed under division (B)(28) of | 911 |
this section against any person who waives deductibles and | 912 |
copayments as follows: | 913 |
(1) In compliance with the health benefit plan that expressly | 914 |
allows such a practice. Waiver of the deductibles or copayments | 915 |
shall be made only with the full knowledge and consent of the plan | 916 |
purchaser, payer, and third-party administrator. Documentation of | 917 |
the consent shall be made available to the board upon request. | 918 |
(2) For professional services rendered to any other person | 919 |
authorized to practice pursuant to this chapter, to the extent | 920 |
allowed by this chapter and rules adopted by the board. | 921 |
(O) Under the board's investigative duties described in this | 922 |
section and subject to division (F) of this section, the board | 923 |
shall develop and implement a quality intervention program | 924 |
designed to improve through remedial education the clinical and | 925 |
communication skills of individuals authorized under this chapter | 926 |
to practice medicine and surgery, osteopathic medicine and | 927 |
surgery, and podiatric medicine and surgery. In developing and | 928 |
implementing the quality intervention program, the board may do | 929 |
all of the following: | 930 |
(1) Offer in appropriate cases as determined by the board an | 931 |
educational and assessment program pursuant to an investigation | 932 |
the board conducts under this section; | 933 |
(2) Select providers of educational and assessment services, | 934 |
including a quality intervention program panel of case reviewers; | 935 |
(3) Make referrals to educational and assessment service | 936 |
providers and approve individual educational programs recommended | 937 |
by those providers. The board shall monitor the progress of each | 938 |
individual undertaking a recommended individual educational | 939 |
program. | 940 |
(4) Determine what constitutes successful completion of an | 941 |
individual educational program and require further monitoring of | 942 |
the individual who completed the program or other action that the | 943 |
board determines to be appropriate; | 944 |
(5) Adopt rules in accordance with Chapter 119. of the | 945 |
Revised Code to further implement the quality intervention | 946 |
program. | 947 |
An individual who participates in an individual educational | 948 |
program pursuant to this division shall pay the financial | 949 |
obligations arising from that educational program. | 950 |
Section 2. That existing sections 2305.11, 2307.52, 2919.16, | 951 |
4731.22 and sections 2919.17 and 2919.18 of the Revised Code are | 952 |
hereby repealed. | 953 |
Section 3. Section 4731.22 of the Revised Code is presented | 954 |
in this act as a composite of the section as amended by Am. Sub. | 955 |
H.B. 280, Sub. H.B. 525, and Sub. S.B. 229 of the 127th General | 956 |
Assembly. The General Assembly, applying the principle stated in | 957 |
division (B) of section 1.52 of the Revised Code that amendments | 958 |
are to be harmonized if reasonably capable of simultaneous | 959 |
operation, finds that the composite is the resulting version of | 960 |
the section in effect prior to the effective date of the section | 961 |
as presented in this act. | 962 |