Bill Text: OH HB438 | 2011-2012 | 129th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: To specify requirements for obtaining and renewing a clinical research faculty certificate and to declare an emergency.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-02-21 - To Health, Human Services, & Aging [HB438 Detail]

Download: Ohio-2011-HB438-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 438

Representative Sears 

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A BILL

To amend section 4731.293 of the Revised Code to

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specify requirements for obtaining and renewing a

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clinical research faculty certificate.

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

Section 1. That section 4731.293 of the Revised Code be	4
amended to read as follows:	5

Sec. 4731.293.  (A) The state medical board may issue,	6
without examination, a visiting medicalclinical research faculty	7
certificate to any person who applies for the certificate and	8
provides to the board all of the following:	9

(1) Evidence satisfactory to the board of all of the	10
following:	11

(a) That the applicant holds a current, unrestricted license	12
to practice medicine and surgery or osteopathic medicine and	13
surgery issued by another state or country and;	14

(b) That the applicant has been appointed to serve in this	15
state on the academic staff of a medical school accredited by the	16
liaison committee on medical education or an osteopathic medical	17
school accredited by the American osteopathic association;	18

(c) That the applicant will be permitted to work only under	19
the authority of the department director or chairperson of a	20
teaching hospital affiliated with the school where the applicant's	21
teaching and research activities will occur;	22

(d) That the school or teaching hospital has determined that	23
the applicant is qualified to perform teaching and research	24
activities.	25

(2) A description from the school or teaching hospital of the	26
scope of practice in which the applicant will be involved,	27
including the types of teaching, research, and procedures in which	28
the applicant will be engaged;	29

(3) A description of the type and amount of patient contact	30
that will occur in connection with the applicant's teaching and	31
research activities. Except as provided in division (E) of this	32
section, the board shall not issue more than one visiting medical	33
faculty certificate to any particular person.	34

(B) An applicant for a visiting medicalan initial clinical	35
research faculty certificate shall submit evidence satisfactory	36
to the board that the applicant meets the requirements of division	37
(A) of this section. The applicant shall pay a fee of three	38
hundred seventy-five dollars. The board shall maintain a register	39
of all persons who hold a visiting medical faculty certificate.	40

(C) The holder of a visiting medicalclinical research	41
faculty certificate may practice medicine and surgery or	42
osteopathic medicine and surgery only as is incidental to the	43
certificate holder's teaching or research duties at the school or	44
thea teaching hospitalshospital affiliated with the school. The	45
board may revoke a certificate on receiving proof satisfactory to	46
the board that the certificate holder of the certificate has	47
engaged in practice in this state outside the scope of the	48
certificate or that there are grounds for action against the	49
certificate holder under section 4731.22 of the Revised Code.	50

(D) A visiting medicalclinical research faculty certificate	51
is valid for the shorter of three years or the duration of, except	52
that the certificate ceases to be valid if the holder's	53
appointment to the academic staff of the school is no longer	54
valid. The certificate may not be renewed.	55

(E) If a person was granted a visiting medical faculty	56
certificate before the effective date of this amendment, the	57
person may apply for a second visiting medical faculty	58
certificate, unless the person's first certificate was revoked.	59
The board may issue the second certificate if the applicant	60
complies with division (B) of this sectionA clinical research	61
faculty certificate may be renewed for an additional three-year	62
period. There is no limit on the number of times a certificate may	63
be renewed. A person seeking renewal of a certificate shall apply	64
to the board and is eligible for renewal if the applicant does all	65
of the following:	66

(1) Pays a renewal fee of three hundred seventy-five dollars;

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(2) Provides to the board an affidavit and supporting	68
documentation from the dean of the medical school or the	69
department director or chairperson of a teaching hospital	70
affiliated with the school that the applicant is in compliance	71
with the applicant's current clinical research faculty	72
certificate;	73

(3) Provides evidence satisfactory to the board of all of the	74
following:	75

(a) That the applicant continues to maintain a current,	76
unrestricted license to practice medicine and surgery or	77
osteopathic medicine and surgery issued by another state or	78
country;	79

(b) That the applicant's initial appointment to serve in this	80
state on the academic staff of a medical school is still valid or	81
has been renewed;	82

(c) That the applicant has satisfied the same continuing	83
medical education requirements set forth in section 4731.281 of	84
the Revised Code that apply to a person who holds a certificate to	85
practice medicine and surgery or osteopathic medicine and surgery	86
issued under this chapter.	87

(F) The board shall maintain a register of all persons who	88
hold clinical research faculty certificates.	89

(G) The board may adopt any rules it considers necessary to	90
implement this section. The rules shall be adopted in accordance	91
with Chapter 119. of the Revised Code.	92

Section 2.  That existing section 4731.293 of the Revised	93
Code is hereby repealed.	94