Bill Text: OH HB607 | 2011-2012 | 129th General Assembly | Introduced

---

Bill Title: To require certain health care professionals to wear, when providing direct patient care, an identification card, badge, or similar device that includes a photograph of the professional and specifies the license held by the professional and to make certain changes regarding advertising for health care services.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2012-11-21 - To Health & Aging [HB607 Detail]

Download: Ohio-2011-HB607-Introduced.html

---

As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 607

Representatives Gonzales, Wachtmann 

Cosponsors: Representatives Blair, Johnson 

---

A BILL

To amend sections 4715.30, 4723.28, 4725.19, 4725.53,

1

4729.16, 4730.02, 4730.25, 4731.22, 4732.17,

2

4734.31, 4753.10, 4755.11, 4755.47, 4755.64,

3

4757.36, 4758.30, 4759.07, 4760.13, 4761.09,

4

4762.13, 4774.13, 4778.14, and 4779.28 and to

5

enact section 4745.04 of the Revised Code to

6

require certain health care professionals to wear,

7

when providing direct patient care, an

8

identification card, badge, or similar device that

9

includes a photograph of the professional and

10

specifies the license held by the professional and

11

to make certain changes regarding advertising for

12

health care services.

13

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

Section 1.  That sections 4715.30, 4723.28, 4725.19,	14
4725.53, 4729.16, 4730.02, 4730.25, 4731.22, 4732.17, 4734.31,	15
4753.10, 4755.11, 4755.47, 4755.64, 4757.36, 4758.30, 4759.07,	16
4760.13, 4761.09, 4762.13, 4774.13, 4778.14, and 4779.28 be	17
amended and section 4745.04 of the Revised Code be enacted to read	18
as follows:	19

Sec. 4715.30.  (A) An applicant for or holder of a	20
certificate or license issued under this chapter is subject to	21
disciplinary action by the state dental board for any of the	22
following reasons:	23

(1) Employing or cooperating in fraud or material deception	24
in applying for or obtaining a license or certificate;	25

(2) Obtaining or attempting to obtain money or anything of	26
value by intentional misrepresentation or material deception in	27
the course of practice;	28

(3) Advertising services in a false or misleading manner or	29
violating the board's rules governing time, place, and manner of	30
advertising;	31

(4) Conviction of a misdemeanor committed in the course of	32
practice or of any felony;	33

(5) Engaging in lewd or immoral conduct in connection with	34
the provision of dental services;	35

(6) Selling, prescribing, giving away, or administering drugs	36
for other than legal and legitimate therapeutic purposes, or	37
conviction of violating any law of this state or the federal	38
government regulating the possession, distribution, or use of any	39
drug;	40

(7) Providing or allowing dental hygienists, expanded	41
function dental auxiliaries, or other practitioners of auxiliary	42
dental occupations working under the certificate or license	43
holder's supervision, or a dentist holding a temporary limited	44
continuing education license under division (C) of section 4715.16	45
of the Revised Code working under the certificate or license	46
holder's direct supervision, to provide dental care that departs	47
from or fails to conform to accepted standards for the profession,	48
whether or not injury to a patient results;	49

(8) Inability to practice under accepted standards of the	50
profession because of physical or mental disability, dependence on	51
alcohol or other drugs, or excessive use of alcohol or other	52
drugs;	53

(9) Violation of any provision of this chapter or any rule	54
adopted thereunder;	55

(10) Failure to use universal blood and body fluid	56
precautions established by rules adopted under section 4715.03 of	57
the Revised Code;	58

(11) Waiving the payment of all or any part of a deductible	59
or copayment that a patient, pursuant to a health insurance or	60
health care policy, contract, or plan that covers dental services,	61
would otherwise be required to pay if the waiver is used as an	62
enticement to a patient or group of patients to receive health	63
care services from that provider;	64

(12) Advertising that the certificate or license holder will	65
waive the payment of all or any part of a deductible or copayment	66
that a patient, pursuant to a health insurance or health care	67
policy, contract, or plan that covers dental services, would	68
otherwise be required to pay;	69

(13) Failure to comply with section 4729.79 of the Revised	70
Code, unless the state board of pharmacy no longer maintains a	71
drug database pursuant to section 4729.75 of the Revised Code;	72

(14) Failure to comply with the requirements of section	73
4745.04 of the Revised Code.	74

(B) A manager, proprietor, operator, or conductor of a dental	75
facility shall be subject to disciplinary action if any dentist,	76
dental hygienist, expanded function dental auxiliary, or qualified	77
personnel providing services in the facility is found to have	78
committed a violation listed in division (A) of this section and	79
the manager, proprietor, operator, or conductor knew of the	80
violation and permitted it to occur on a recurring basis.	81

(C) Subject to Chapter 119. of the Revised Code, the board	82
may take one or more of the following disciplinary actions if one	83
or more of the grounds for discipline listed in divisions (A) and	84
(B) of this section exist:	85

(1) Censure the license or certificate holder;

86

(2) Place the license or certificate on probationary status	87
for such period of time the board determines necessary and require	88
the holder to:	89

(a) Report regularly to the board upon the matters which are	90
the basis of probation;	91

(b) Limit practice to those areas specified by the board;

92

(c) Continue or renew professional education until a	93
satisfactory degree of knowledge or clinical competency has been	94
attained in specified areas.	95

(3) Suspend the certificate or license;

96

(4) Revoke the certificate or license.

97

Where the board places a holder of a license or certificate	98
on probationary status pursuant to division (C)(2) of this	99
section, the board may subsequently suspend or revoke the license	100
or certificate if it determines that the holder has not met the	101
requirements of the probation or continues to engage in activities	102
that constitute grounds for discipline pursuant to division (A) or	103
(B) of this section.	104

Any order suspending a license or certificate shall state the	105
conditions under which the license or certificate will be	106
restored, which may include a conditional restoration during which	107
time the holder is in a probationary status pursuant to division	108
(C)(2) of this section. The board shall restore the license or	109
certificate unconditionally when such conditions are met.	110

(D) If the physical or mental condition of an applicant or a	111
license or certificate holder is at issue in a disciplinary	112
proceeding, the board may order the license or certificate holder	113
to submit to reasonable examinations by an individual designated	114
or approved by the board and at the board's expense. The physical	115
examination may be conducted by any individual authorized by the	116
Revised Code to do so, including a physician assistant, a clinical	117
nurse specialist, a certified nurse practitioner, or a certified	118
nurse-midwife. Any written documentation of the physical	119
examination shall be completed by the individual who conducted the	120
examination.	121

Failure to comply with an order for an examination shall be	122
grounds for refusal of a license or certificate or summary	123
suspension of a license or certificate under division (E) of this	124
section.	125

(E) If the board has reason to believe that a license or	126
certificate holder represents a clear and immediate danger to the	127
public health and safety if the holder is allowed to continue to	128
practice, or if the holder has failed to comply with an order	129
under division (D) of this section, the board may apply to the	130
court of common pleas of the county in which the holder resides	131
for an order temporarily suspending the holder's license or	132
certificate, without a prior hearing being afforded by the board,	133
until the board conducts an adjudication hearing pursuant to	134
Chapter 119. of the Revised Code. If the court temporarily	135
suspends a holder's license or certificate, the board shall give	136
written notice of the suspension personally or by certified mail	137
to the license or certificate holder. Such notice shall include	138
specific facts and reasons for finding a clear and immediate	139
danger to the public health and safety and shall inform the	140
license or certificate holder of the right to a hearing pursuant	141
to Chapter 119. of the Revised Code.	142

(F) Any holder of a certificate or license issued under this	143
chapter who has pleaded guilty to, has been convicted of, or has	144
had a judicial finding of eligibility for intervention in lieu of	145
conviction entered against the holder in this state for aggravated	146
murder, murder, voluntary manslaughter, felonious assault,	147
kidnapping, rape, sexual battery, gross sexual imposition,	148
aggravated arson, aggravated robbery, or aggravated burglary, or	149
who has pleaded guilty to, has been convicted of, or has had a	150
judicial finding of eligibility for treatment or intervention in	151
lieu of conviction entered against the holder in another	152
jurisdiction for any substantially equivalent criminal offense, is	153
automatically suspended from practice under this chapter in this	154
state and any certificate or license issued to the holder under	155
this chapter is automatically suspended, as of the date of the	156
guilty plea, conviction, or judicial finding, whether the	157
proceedings are brought in this state or another jurisdiction.	158
Continued practice by an individual after the suspension of the	159
individual's certificate or license under this division shall be	160
considered practicing without a certificate or license. The board	161
shall notify the suspended individual of the suspension of the	162
individual's certificate or license under this division by	163
certified mail or in person in accordance with section 119.07 of	164
the Revised Code. If an individual whose certificate or license is	165
suspended under this division fails to make a timely request for	166
an adjudicatory hearing, the board shall enter a final order	167
revoking the individual's certificate or license.	168

(G) Notwithstanding divisions (A)(11) and (12) of this	169
section, sanctions shall not be imposed against any licensee who	170
waives deductibles and copayments:	171

(1) In compliance with the health benefit plan that expressly	172
allows such a practice. Waiver of the deductibles or copayments	173
shall be made only with the full knowledge and consent of the plan	174
purchaser, payer, and third-party administrator. Such consent	175
shall be made available to the board upon request.	176

(2) For professional services rendered to any other person	177
licensed pursuant to this chapter to the extent allowed by this	178
chapter and the rules of the board.	179

(H) In no event shall the board consider or raise during a	180
hearing required by Chapter 119. of the Revised Code the	181
circumstances of, or the fact that the board has received, one or	182
more complaints about a person unless the one or more complaints	183
are the subject of the hearing or resulted in the board taking an	184
action authorized by this section against the person on a prior	185
occasion.	186

Sec. 4723.28.  (A) The board of nursing, by a vote of a	187
quorum, may revoke or may refuse to grant a nursing license,	188
certificate of authority, or dialysis technician certificate to a	189
person found by the board to have committed fraud in passing an	190
examination required to obtain the license, certificate of	191
authority, or dialysis technician certificate or to have committed	192
fraud, misrepresentation, or deception in applying for or securing	193
any nursing license, certificate of authority, or dialysis	194
technician certificate issued by the board.	195

(B) Subject to division (N) of this section, the board of	196
nursing, by a vote of a quorum, may impose one or more of the	197
following sanctions: deny, revoke, suspend, or place restrictions	198
on any nursing license, certificate of authority, or dialysis	199
technician certificate issued by the board; reprimand or otherwise	200
discipline a holder of a nursing license, certificate of	201
authority, or dialysis technician certificate; or impose a fine of	202
not more than five hundred dollars per violation. The sanctions	203
may be imposed for any of the following:	204

(1) Denial, revocation, suspension, or restriction of	205
authority to practice a health care occupation, including nursing	206
or practice as a dialysis technician, for any reason other than a	207
failure to renew, in Ohio or another state or jurisdiction;	208

(2) Engaging in the practice of nursing or engaging in	209
practice as a dialysis technician, having failed to renew a	210
nursing license or dialysis technician certificate issued under	211
this chapter, or while a nursing license or dialysis technician	212
certificate is under suspension;	213

(3) Conviction of, a plea of guilty to, a judicial finding of	214
guilt of, a judicial finding of guilt resulting from a plea of no	215
contest to, or a judicial finding of eligibility for intervention	216
in lieu of conviction for, a misdemeanor committed in the course	217
of practice;	218

(4) Conviction of, a plea of guilty to, a judicial finding of	219
guilt of, a judicial finding of guilt resulting from a plea of no	220
contest to, or a judicial finding of eligibility for intervention	221
in lieu of conviction for, any felony or of any crime involving	222
gross immorality or moral turpitude;	223

(5) Selling, giving away, or administering drugs or	224
therapeutic devices for other than legal and legitimate	225
therapeutic purposes; or conviction of, a plea of guilty to, a	226
judicial finding of guilt of, a judicial finding of guilt	227
resulting from a plea of no contest to, or a judicial finding of	228
eligibility for intervention in lieu of conviction for, violating	229
any municipal, state, county, or federal drug law;	230

(6) Conviction of, a plea of guilty to, a judicial finding of	231
guilt of, a judicial finding of guilt resulting from a plea of no	232
contest to, or a judicial finding of eligibility for intervention	233
in lieu of conviction for, an act in another jurisdiction that	234
would constitute a felony or a crime of moral turpitude in Ohio;	235

(7) Conviction of, a plea of guilty to, a judicial finding of	236
guilt of, a judicial finding of guilt resulting from a plea of no	237
contest to, or a judicial finding of eligibility for intervention	238
in lieu of conviction for, an act in the course of practice in	239
another jurisdiction that would constitute a misdemeanor in Ohio;	240

(8) Self-administering or otherwise taking into the body any	241
dangerous drug, as defined in section 4729.01 of the Revised Code,	242
in any way not in accordance with a legal, valid prescription	243
issued for that individual, or self-administering or otherwise	244
taking into the body any drug that is a schedule I controlled	245
substance;	246

(9) Habitual indulgence in the use of controlled substances,	247
other habit-forming drugs, or alcohol or other chemical substances	248
to an extent that impairs ability to practice;	249

(10) Impairment of the ability to practice according to	250
acceptable and prevailing standards of safe nursing care because	251
of habitual or excessive use of drugs, alcohol, or other chemical	252
substances that impair the ability to practice;	253

(11) Impairment of the ability to practice according to	254
acceptable and prevailing standards of safe nursing care because	255
of a physical or mental disability;	256

(12) Assaulting or causing harm to a patient or depriving a	257
patient of the means to summon assistance;	258

(13) Obtaining or attempting to obtain money or anything of	259
value by intentional misrepresentation or material deception in	260
the course of practice;	261

(14) Adjudication by a probate court of being mentally ill or	262
mentally incompetent. The board may restore the person's nursing	263
license or dialysis technician certificate upon adjudication by a	264
probate court of the person's restoration to competency or upon	265
submission to the board of other proof of competency.	266

(15) The suspension or termination of employment by the	267
department of defense or the veterans administration of the United	268
States for any act that violates or would violate this chapter;	269

(16) Violation of this chapter or any rules adopted under it;

270

(17) Violation of any restrictions placed on a nursing	271
license or dialysis technician certificate by the board;	272

(18) Failure to use universal blood and body fluid	273
precautions established by rules adopted under section 4723.07 of	274
the Revised Code;	275

(19) Failure to practice in accordance with acceptable and	276
prevailing standards of safe nursing care or safe dialysis care;	277

(20) In the case of a registered nurse, engaging in	278
activities that exceed the practice of nursing as a registered	279
nurse;	280

(21) In the case of a licensed practical nurse, engaging in	281
activities that exceed the practice of nursing as a licensed	282
practical nurse;	283

(22) In the case of a dialysis technician, engaging in	284
activities that exceed those permitted under section 4723.72 of	285
the Revised Code;	286

(23) Aiding and abetting a person in that person's practice	287
of nursing without a license or practice as a dialysis technician	288
without a certificate issued under this chapter;	289

(24) In the case of a certified registered nurse anesthetist,	290
clinical nurse specialist, certified nurse-midwife, or certified	291
nurse practitioner, except as provided in division (M) of this	292
section, either of the following:	293

(a) Waiving the payment of all or any part of a deductible or	294
copayment that a patient, pursuant to a health insurance or health	295
care policy, contract, or plan that covers such nursing services,	296
would otherwise be required to pay if the waiver is used as an	297
enticement to a patient or group of patients to receive health	298
care services from that provider;	299

(b) Advertising that the nurse will waive the payment of all	300
or any part of a deductible or copayment that a patient, pursuant	301
to a health insurance or health care policy, contract, or plan	302
that covers such nursing services, would otherwise be required to	303
pay.	304

(25) Failure to comply with the terms and conditions of	305
participation in the chemical dependency monitoring program	306
established under section 4723.35 of the Revised Code;	307

(26) Failure to comply with the terms and conditions required	308
under the practice intervention and improvement program	309
established under section 4723.282 of the Revised Code;	310

(27) In the case of a certified registered nurse anesthetist,	311
clinical nurse specialist, certified nurse-midwife, or certified	312
nurse practitioner:	313

(a) Engaging in activities that exceed those permitted for	314
the nurse's nursing specialty under section 4723.43 of the Revised	315
Code;	316

(b) Failure to meet the quality assurance standards	317
established under section 4723.07 of the Revised Code.	318

(28) In the case of a clinical nurse specialist, certified	319
nurse-midwife, or certified nurse practitioner, failure to	320
maintain a standard care arrangement in accordance with section	321
4723.431 of the Revised Code or to practice in accordance with the	322
standard care arrangement;	323

(29) In the case of a clinical nurse specialist, certified	324
nurse-midwife, or certified nurse practitioner who holds a	325
certificate to prescribe issued under section 4723.48 of the	326
Revised Code, failure to prescribe drugs and therapeutic devices	327
in accordance with section 4723.481 of the Revised Code;	328

(30) Prescribing any drug or device to perform or induce an	329
abortion, or otherwise performing or inducing an abortion;	330

(31) Failure to establish and maintain professional	331
boundaries with a patient, as specified in rules adopted under	332
section 4723.07 of the Revised Code;	333

(32) Regardless of whether the contact or verbal behavior is	334
consensual, engaging with a patient other than the spouse of the	335
registered nurse, licensed practical nurse, or dialysis technician	336
in any of the following:	337

(a) Sexual contact, as defined in section 2907.01 of the	338
Revised Code;	339

(b) Verbal behavior that is sexually demeaning to the patient	340
or may be reasonably interpreted by the patient as sexually	341
demeaning.	342

(33) Assisting suicide as defined in section 3795.01 of the	343
Revised Code;	344

(34) Making a false, fraudulent, deceptive, or misleading	345
statement in the solicitation of or advertising for patients in	346
relation to the practice of nursing or the practice of a dialysis	347
technician;	348

(35) Failure to comply with the requirements of section	349
4745.04 of the Revised Code.	350

(C) Disciplinary actions taken by the board under divisions	351
(A) and (B) of this section shall be taken pursuant to an	352
adjudication conducted under Chapter 119. of the Revised Code,	353
except that in lieu of a hearing, the board may enter into a	354
consent agreement with an individual to resolve an allegation of a	355
violation of this chapter or any rule adopted under it. A consent	356
agreement, when ratified by a vote of a quorum, shall constitute	357
the findings and order of the board with respect to the matter	358
addressed in the agreement. If the board refuses to ratify a	359
consent agreement, the admissions and findings contained in the	360
agreement shall be of no effect.	361

(D) The hearings of the board shall be conducted in	362
accordance with Chapter 119. of the Revised Code, the board may	363
appoint a hearing examiner, as provided in section 119.09 of the	364
Revised Code, to conduct any hearing the board is authorized to	365
hold under Chapter 119. of the Revised Code.	366

In any instance in which the board is required under Chapter	367
119. of the Revised Code to give notice of an opportunity for a	368
hearing and the applicant or license holder does not make a timely	369
request for a hearing in accordance with section 119.07 of the	370
Revised Code, the board is not required to hold a hearing, but may	371
adopt, by a vote of a quorum, a final order that contains the	372
board's findings. In the final order, the board may order any of	373
the sanctions listed in division (A) or (B) of this section.	374

(E) If a criminal action is brought against a registered	375
nurse, licensed practical nurse, or dialysis technician for an act	376
or crime described in divisions (B)(3) to (7) of this section and	377
the action is dismissed by the trial court other than on the	378
merits, the board shall conduct an adjudication to determine	379
whether the registered nurse, licensed practical nurse, or	380
dialysis technician committed the act on which the action was	381
based. If the board determines on the basis of the adjudication	382
that the registered nurse, licensed practical nurse, or dialysis	383
technician committed the act, or if the registered nurse, licensed	384
practical nurse, or dialysis technician fails to participate in	385
the adjudication, the board may take action as though the	386
registered nurse, licensed practical nurse, or dialysis technician	387
had been convicted of the act.	388

If the board takes action on the basis of a conviction, plea,	389
or a judicial finding as described in divisions (B)(3) to (7) of	390
this section that is overturned on appeal, the registered nurse,	391
licensed practical nurse, or dialysis technician may, on	392
exhaustion of the appeal process, petition the board for	393
reconsideration of its action. On receipt of the petition and	394
supporting court documents, the board shall temporarily rescind	395
its action. If the board determines that the decision on appeal	396
was a decision on the merits, it shall permanently rescind its	397
action. If the board determines that the decision on appeal was	398
not a decision on the merits, it shall conduct an adjudication to	399
determine whether the registered nurse, licensed practical nurse,	400
or dialysis technician committed the act on which the original	401
conviction, plea, or judicial finding was based. If the board	402
determines on the basis of the adjudication that the registered	403
nurse, licensed practical nurse, or dialysis technician committed	404
such act, or if the registered nurse, licensed practical nurse, or	405
dialysis technician does not request an adjudication, the board	406
shall reinstate its action; otherwise, the board shall permanently	407
rescind its action.	408

Notwithstanding the provision of division (C)(2) of section	409
2953.32 of the Revised Code specifying that if records pertaining	410
to a criminal case are sealed under that section the proceedings	411
in the case shall be deemed not to have occurred, sealing of the	412
records of a conviction on which the board has based an action	413
under this section shall have no effect on the board's action or	414
any sanction imposed by the board under this section.	415

The board shall not be required to seal, destroy, redact, or	416
otherwise modify its records to reflect the court's sealing of	417
conviction records.	418

(F) The board may investigate an individual's criminal	419
background in performing its duties under this section.	420

(G) During the course of an investigation conducted under	421
this section, the board may compel any registered nurse, licensed	422
practical nurse, or dialysis technician or applicant under this	423
chapter to submit to a mental or physical examination, or both, as	424
required by the board and at the expense of the individual, if the	425
board finds reason to believe that the individual under	426
investigation may have a physical or mental impairment that may	427
affect the individual's ability to provide safe nursing care.	428
Failure of any individual to submit to a mental or physical	429
examination when directed constitutes an admission of the	430
allegations, unless the failure is due to circumstances beyond the	431
individual's control, and a default and final order may be entered	432
without the taking of testimony or presentation of evidence.	433

If the board finds that an individual is impaired, the board	434
shall require the individual to submit to care, counseling, or	435
treatment approved or designated by the board, as a condition for	436
initial, continued, reinstated, or renewed authority to practice.	437
The individual shall be afforded an opportunity to demonstrate to	438
the board that the individual can begin or resume the individual's	439
occupation in compliance with acceptable and prevailing standards	440
of care under the provisions of the individual's authority to	441
practice.	442

For purposes of this division, any registered nurse, licensed	443
practical nurse, or dialysis technician or applicant under this	444
chapter shall be deemed to have given consent to submit to a	445
mental or physical examination when directed to do so in writing	446
by the board, and to have waived all objections to the	447
admissibility of testimony or examination reports that constitute	448
a privileged communication.	449

(H) The board shall investigate evidence that appears to show	450
that any person has violated any provision of this chapter or any	451
rule of the board. Any person may report to the board any	452
information the person may have that appears to show a violation	453
of any provision of this chapter or rule of the board. In the	454
absence of bad faith, any person who reports such information or	455
who testifies before the board in any adjudication conducted under	456
Chapter 119. of the Revised Code shall not be liable for civil	457
damages as a result of the report or testimony.	458

(I) All of the following apply under this chapter with	459
respect to the confidentiality of information:	460

(1) Information received by the board pursuant to an	461
investigation is confidential and not subject to discovery in any	462
civil action, except that the board may disclose information to	463
law enforcement officers and government entities investigating	464
either a licensed health care professional, including a registered	465
nurse, licensed practical nurse, or dialysis technician, or a	466
person who may have engaged in the unauthorized practice of	467
nursing. No law enforcement officer or government entity with	468
knowledge of any information disclosed by the board pursuant to	469
this division shall divulge the information to any other person or	470
government entity except for the purpose of a government	471
investigation, a prosecution, or an adjudication by a court or	472
government entity.	473

(2) If an investigation requires a review of patient records,	474
the investigation and proceeding shall be conducted in such a	475
manner as to protect patient confidentiality.	476

(3) All adjudications and investigations of the board shall	477
be considered civil actions for the purposes of section 2305.252	478
of the Revised Code.	479

(4) Any board activity that involves continued monitoring of	480
an individual as part of or following any disciplinary action	481
taken under this section shall be conducted in a manner that	482
maintains the individual's confidentiality. Information received	483
or maintained by the board with respect to the board's monitoring	484
activities is confidential and not subject to discovery in any	485
civil action.	486

(J) Any action taken by the board under this section	487
resulting in a suspension from practice shall be accompanied by a	488
written statement of the conditions under which the person may be	489
reinstated to practice.	490

(K) When the board refuses to grant a license or certificate	491
to an applicant, revokes a license or certificate, or refuses to	492
reinstate a license or certificate, the board may specify that its	493
action is permanent. An individual subject to permanent action	494
taken by the board is forever ineligible to hold a license or	495
certificate of the type that was refused or revoked and the board	496
shall not accept from the individual an application for	497
reinstatement of the license or certificate or for a new license	498
or certificate.	499

(L) No unilateral surrender of a nursing license, certificate	500
of authority, or dialysis technician certificate issued under this	501
chapter shall be effective unless accepted by majority vote of the	502
board. No application for a nursing license, certificate of	503
authority, or dialysis technician certificate issued under this	504
chapter may be withdrawn without a majority vote of the board. The	505
board's jurisdiction to take disciplinary action under this	506
section is not removed or limited when an individual has a license	507
or certificate classified as inactive or fails to renew a license	508
or certificate.	509

(M) Sanctions shall not be imposed under division (B)(24) of	510
this section against any licensee who waives deductibles and	511
copayments as follows:	512

(1) In compliance with the health benefit plan that expressly	513
allows such a practice. Waiver of the deductibles or copayments	514
shall be made only with the full knowledge and consent of the plan	515
purchaser, payer, and third-party administrator. Documentation of	516
the consent shall be made available to the board upon request.	517

(2) For professional services rendered to any other person	518
licensed pursuant to this chapter to the extent allowed by this	519
chapter and the rules of the board.	520

(N)(1) Any person who enters a prelicensure nursing education	521
program on or after June 1, 2003, and who subsequently applies	522
under division (A) of section 4723.09 of the Revised Code for	523
licensure to practice as a registered nurse or as a licensed	524
practical nurse and any person who applies under division (B) of	525
that section for license by endorsement to practice nursing as a	526
registered nurse or as a licensed practical nurse shall submit a	527
request to the bureau of criminal identification and investigation	528
for the bureau to conduct a criminal records check of the	529
applicant and to send the results to the board, in accordance with	530
section 4723.09 of the Revised Code.	531

The board shall refuse to grant a license to practice nursing	532
as a registered nurse or as a licensed practical nurse under	533
section 4723.09 of the Revised Code to a person who entered a	534
prelicensure nursing education program on or after June 1, 2003,	535
and applied under division (A) of section 4723.09 of the Revised	536
Code for the license or a person who applied under division (B) of	537
that section for the license, if the criminal records check	538
performed in accordance with division (C) of that section	539
indicates that the person has pleaded guilty to, been convicted	540
of, or has had a judicial finding of guilt for violating section	541
2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02, 2907.03,	542
2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code or a	543
substantially similar law of another state, the United States, or	544
another country.	545

(2) Any person who enters a dialysis training program on or	546
after June 1, 2003, and who subsequently applies for a certificate	547
to practice as a dialysis technician shall submit a request to the	548
bureau of criminal identification and investigation for the bureau	549
to conduct a criminal records check of the applicant and to send	550
the results to the board, in accordance with section 4723.75 of	551
the Revised Code.	552

The board shall refuse to issue a certificate to practice as	553
a dialysis technician under section 4723.75 of the Revised Code to	554
a person who entered a dialysis training program on or after June	555
1, 2003, and whose criminal records check performed in accordance	556
with division (C) of that section indicates that the person has	557
pleaded guilty to, been convicted of, or has had a judicial	558
finding of guilt for violating section 2903.01, 2903.02, 2903.03,	559
2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or	560
2911.11 of the Revised Code or a substantially similar law of	561
another state, the United States, or another country.	562

Sec. 4725.19.  (A) In accordance with Chapter 119. of the	563
Revised Code and by an affirmative vote of a majority of its	564
members, the state board of optometry, for any of the reasons	565
specified in division (B) of this section, shall refuse to grant a	566
certificate of licensure to an applicant and may, with respect to	567
a licensed optometrist, do one or more of the following:	568

(1) Suspend the operation of any certificate of licensure,	569
topical ocular pharmaceutical agents certificate, or therapeutic	570
pharmaceutical agents certificate, or all certificates granted by	571
it to the optometrist;	572

(2) Permanently revoke any or all of the certificates;

573

(3) Limit or otherwise place restrictions on any or all of	574
the certificates;	575

(4) Reprimand the optometrist;

576

(5) Impose a monetary penalty. If the reason for which the	577
board is imposing the penalty involves a criminal offense that	578
carries a fine under the Revised Code, the penalty shall not	579
exceed the maximum fine that may be imposed for the criminal	580
offense. In any other case, the penalty imposed by the board shall	581
not exceed five hundred dollars.	582

(B) The sanctions specified in division (A) of this section	583
may be taken by the board for any of the following reasons:	584

(1) Committing fraud in passing the licensing examination or	585
making false or purposely misleading statements in an application	586
for a certificate of licensure;	587

(2) Being at any time guilty of immorality, regardless of the	588
jurisdiction in which the act was committed;	589

(3) Being guilty of dishonesty or unprofessional conduct in	590
the practice of optometry;	591

(4) Being at any time guilty of a felony, regardless of the	592
jurisdiction in which the act was committed;	593

(5) Being at any time guilty of a misdemeanor committed in	594
the course of practice, regardless of the jurisdiction in which	595
the act was committed;	596

(6) Violating the conditions of any limitation or other	597
restriction placed by the board on any certificate issued by the	598
board;	599

(7) Engaging in the practice of optometry as provided in	600
division (A)(1), (2), or (3) of section 4725.01 of the Revised	601
Code when the certificate authorizing that practice is under	602
suspension, in which case the board shall permanently revoke the	603
certificate;	604

(8) Being denied a license to practice optometry in another	605
state or country or being subject to any other sanction by the	606
optometric licensing authority of another state or country, other	607
than sanctions imposed for the nonpayment of fees;	608

(9) Departing from or failing to conform to acceptable and	609
prevailing standards of care in the practice of optometry as	610
followed by similar practitioners under the same or similar	611
circumstances, regardless of whether actual injury to a patient is	612
established;	613

(10) Failing to maintain comprehensive patient records;

614

(11) Advertising a price of optical accessories, eye	615
examinations, or other products or services by any means that	616
would deceive or mislead the public;	617

(12) Being addicted to the use of alcohol, stimulants,	618
narcotics, or any other substance which impairs the intellect and	619
judgment to such an extent as to hinder or diminish the	620
performance of the duties included in the person's practice of	621
optometry;	622

(13) Engaging in the practice of optometry as provided in	623
division (A)(2) or (3) of section 4725.01 of the Revised Code	624
without authority to do so or, if authorized, in a manner	625
inconsistent with the authority granted;	626

(14) Failing to make a report to the board as required by	627
division (A) of section 4725.21 or section 4725.31 of the Revised	628
Code;	629

(15) Soliciting patients from door to door or establishing	630
temporary offices, in which case the board shall suspend all	631
certificates held by the optometrist;	632

(16) Except as provided in division (D) of this section:

633

(a) Waiving the payment of all or any part of a deductible or	634
copayment that a patient, pursuant to a health insurance or health	635
care policy, contract, or plan that covers optometric services,	636
would otherwise be required to pay if the waiver is used as an	637
enticement to a patient or group of patients to receive health	638
care services from that optometrist.	639

(b) Advertising that the optometrist will waive the payment	640
of all or any part of a deductible or copayment that a patient,	641
pursuant to a health insurance or health care policy, contract, or	642
plan that covers optometric services, would otherwise be required	643
to pay;	644

(17) Failure to comply with the requirements of section	645
4745.04 of the Revised Code.	646

(C) Any person who is the holder of a certificate of	647
licensure, or who is an applicant for a certificate of licensure	648
against whom is preferred any charges, shall be furnished by the	649
board with a copy of the complaint and shall have a hearing before	650
the board in accordance with Chapter 119. of the Revised Code.	651

(D) Sanctions shall not be imposed under division (B)(16) of	652
this section against any optometrist who waives deductibles and	653
copayments:	654

(1) In compliance with the health benefit plan that expressly	655
allows such a practice. Waiver of the deductibles or copayments	656
shall be made only with the full knowledge and consent of the plan	657
purchaser, payer, and third-party administrator. Documentation of	658
the consent shall be made available to the board upon request.	659

(2) For professional services rendered to any other	660
optometrist licensed by the board, to the extent allowed by	661
sections 4725.01 to 4725.34 of the Revised Code and the rules of	662
the board.	663

Sec. 4725.53.  (A) The Ohio optical dispensers board, by a	664
majority vote of its members, may refuse to grant a license and,	665
in accordance with Chapter 119. of the Revised Code, may suspend	666
or revoke the license of a licensed dispensing optician or impose	667
a fine or order restitution pursuant to division (B) of this	668
section on any of the following grounds:	669

(1) Conviction of a crime involving moral turpitude or a	670
disqualifying offense as those terms are defined in section	671
4776.10 of the Revised Code;	672

(2) Obtaining or attempting to obtain a license by fraud or	673
deception;	674

(3) Obtaining any fee or making any sale of an optical aid by	675
means of fraud or misrepresentation;	676

(4) Habitual indulgence in the use of controlled substances	677
or other habit-forming drugs, or in the use of alcoholic liquors	678
to an extent that affects professional competency;	679

(5) Finding by a court of competent jurisdiction that the	680
applicant or licensee is incompetent by reason of mental illness	681
and no subsequent finding by the court of competency;	682

(6) Finding by a court of law that the licensee is guilty of	683
incompetence or negligence in the dispensing of optical aids;	684

(7) Knowingly permitting or employing a person whose license	685
has been suspended or revoked or an unlicensed person to engage in	686
optical dispensing;	687

(8) Permitting another person to use the licensee's license;

688

(9) Engaging in optical dispensing not pursuant to the	689
prescription of a licensed physician or licensed optometrist, but	690
nothing in this section shall prohibit the duplication or	691
replacement of previously prepared optical aids, except contact	692
lenses shall not be duplicated or replaced without a written	693
prescription;	694

(10) Violation of sections 4725.40 to 4725.59 of the Revised	695
Code;	696

(11) Waiving the payment of all or any part of a deductible	697
or copayment that a patient, pursuant to a health insurance or	698
health care policy, contract, or plan that covers optical	699
dispensing services, would otherwise be required to pay if the	700
waiver is used as an enticement to a patient or group of patients	701
to receive health care services from that provider.	702

(12) Advertising that the licensee will waive the payment of	703
all or any part of a deductible or copayment that a patient,	704
pursuant to a health insurance or health care policy, contract, or	705
plan that covers optical dispensing services, would otherwise be	706
required to pay;	707

(13) Making a false, fraudulent, deceptive, or misleading	708
statement in the solicitation of or advertising for patients in	709
relation to the practice of a licensed dispensing optician;	710

(14) Failure to comply with the requirements of section	711
4745.04 of the Revised Code.	712

(B) The board may impose a fine of not more than five hundred	713
dollars for a first occurrence of an action that is grounds for	714
discipline under this section and of not less than five hundred	715
nor more than one thousand dollars for a subsequent occurrence, or	716
may order the licensee to make restitution to a person who has	717
suffered a financial loss as a result of the licensee's failure to	718
comply with sections 4725.40 to 4725.59 of the Revised Code.	719

(C) Notwithstanding divisions (A)(11) and (12) of this	720
section, sanctions shall not be imposed against any licensee who	721
waives deductibles and copayments:	722

(1) In compliance with the health benefit plan that expressly	723
allows such a practice. Waiver of the deductibles or copays shall	724
be made only with the full knowledge and consent of the plan	725
purchaser, payer, and third-party administrator. Such consent	726
shall be made available to the board upon request.	727

(2) For professional services rendered to any other person	728
licensed pursuant to this chapter to the extent allowed by this	729
chapter and the rules of the board.	730

Sec. 4729.16.  (A) The state board of pharmacy, after notice	731
and hearing in accordance with Chapter 119. of the Revised Code,	732
may revoke, suspend, limit, place on probation, or refuse to grant	733
or renew an identification card, or may impose a monetary penalty	734
or forfeiture not to exceed in severity any fine designated under	735
the Revised Code for a similar offense, or in the case of a	736
violation of a section of the Revised Code that does not bear a	737
penalty, a monetary penalty or forfeiture of not more than five	738
hundred dollars, if the board finds a pharmacist or pharmacy	739
intern:	740

(1) Guilty of a felony or gross immorality;

741

(2) Guilty of dishonesty or unprofessional conduct in the	742
practice of pharmacy;	743

(3) Addicted to or abusing liquor or drugs or impaired	744
physically or mentally to such a degree as to render the	745
pharmacist or pharmacy intern unfit to practice pharmacy;	746

(4) Has been convicted of a misdemeanor related to, or	747
committed in, the practice of pharmacy;	748

(5) Guilty of willfully violating, conspiring to violate,	749
attempting to violate, or aiding and abetting the violation of any	750
of the provisions of this chapter, sections 3715.52 to 3715.72 of	751
the Revised Code, Chapter 2925. or 3719. of the Revised Code, or	752
any rule adopted by the board under those provisions;	753

(6) Guilty of permitting anyone other than a pharmacist or	754
pharmacy intern to practice pharmacy;	755

(7) Guilty of knowingly lending the pharmacist's or pharmacy	756
intern's name to an illegal practitioner of pharmacy or having	757
professional connection with an illegal practitioner of pharmacy;	758

(8) Guilty of dividing or agreeing to divide remuneration	759
made in the practice of pharmacy with any other individual,	760
including, but not limited to, any licensed health professional	761
authorized to prescribe drugs or any owner, manager, or employee	762
of a health care facility, residential care facility, or nursing	763
home;	764

(9) Has violated the terms of a consult agreement entered	765
into pursuant to section 4729.39 of the Revised Code;	766

(10) Has committed fraud, misrepresentation, or deception in	767
applying for or securing a license or identification card issued	768
by the board under this chapter or under Chapter 3715. or 3719. of	769
the Revised Code;	770

(11) Has made a false, fraudulent, deceptive, or misleading	771
statement in the solicitation of or advertising for patients in	772
relation to the practice of a pharmacist or a pharmacy intern;	773

(12) Has failed to comply with the requirements of section	774
4745.04 of the Revised Code.	775

(B) Any individual whose identification card is revoked,	776
suspended, or refused, shall return the identification card and	777
license to the offices of the state board of pharmacy within ten	778
days after receipt of notice of such action.	779

(C) As used in this section:

780

"Unprofessional conduct in the practice of pharmacy" includes	781
any of the following:	782

(1) Advertising or displaying signs that promote dangerous	783
drugs to the public in a manner that is false or misleading;	784

(2) Except as provided in section 4729.281 of the Revised	785
Code, the sale of any drug for which a prescription is required,	786
without having received a prescription for the drug;	787

(3) Knowingly dispensing medication pursuant to false or	788
forged prescriptions;	789

(4) Knowingly failing to maintain complete and accurate	790
records of all dangerous drugs received or dispensed in compliance	791
with federal laws and regulations and state laws and rules;	792

(5) Obtaining any remuneration by fraud, misrepresentation,	793
or deception.	794

(D) The board may suspend a license or identification card	795
under division (B) of section 3719.121 of the Revised Code by	796
utilizing a telephone conference call to review the allegations	797
and take a vote.	798

(E) If, pursuant to an adjudication under Chapter 119. of the	799
Revised Code, the board has reasonable cause to believe that a	800
pharmacist or pharmacy intern is physically or mentally impaired,	801
the board may require the pharmacist or pharmacy intern to submit	802
to a physical or mental examination, or both.	803

Sec. 4730.02.  (A) No person shall hold that person out as	804
being able to function as a physician assistant, or use any words	805
or letters indicating or implying that the person is a physician	806
assistant, without a current, valid certificate to practice as a	807
physician assistant issued pursuant to this chapter.	808

(B) No person shall practice as a physician assistant without	809
the supervision, control, and direction of a physician.	810

(C) No person shall act as the supervising physician of a	811
physician assistant without having received the state medical	812
board's approval of a supervision agreement entered into with the	813
physician assistant.	814

(D) No person shall practice as a physician assistant without	815
having entered into a supervision agreement that has been approved	816
by the state medical board.	817

(E) No person acting as the supervising physician of a	818
physician assistant shall authorize the physician assistant to	819
perform services if either of the following is the case:	820

(1) The services are not within the physician's normal course	821
of practice and expertise;	822

(2) The services are inconsistent with the physician	823
supervisory plan approved by the state medical board for the	824
supervising physician or the policies of the health care facility	825
in which the physician and physician assistant are practicing.	826

(F) No person shall practice as a physician assistant in a	827
manner that is inconsistent with the physician supervisory plan	828
approved for the physician who is responsible for supervising the	829
physician assistant or the policies of the health care facility in	830
which the physician assistant is practicing.	831

(G) No person practicing as a physician assistant shall	832
prescribe any drug or device to perform or induce an abortion, or	833
otherwise perform or induce an abortion.	834

(H) No person shall advertise to provide services as a	835
physician assistant, except for the purpose of seeking employment.	836

(I) No person practicing as a physician assistant shall fail	837
to wear at all times when on duty a placard, plate, or other	838
device identifying that person as a "physician assistant."	839

Sec. 4730.25.  (A) The state medical board, by an affirmative	840
vote of not fewer than six members, may revoke or may refuse to	841
grant a certificate to practice as a physician assistant or a	842
certificate to prescribe to a person found by the board to have	843
committed fraud, misrepresentation, or deception in applying for	844
or securing the certificate.	845

(B) The board, by an affirmative vote of not fewer than six	846
members, shall, to the extent permitted by law, limit, revoke, or	847
suspend an individual's certificate to practice as a physician	848
assistant or certificate to prescribe, refuse to issue a	849
certificate to an applicant, refuse to reinstate a certificate, or	850
reprimand or place on probation the holder of a certificate for	851
any of the following reasons:	852

(1) Failure to practice in accordance with the conditions	853
under which the supervising physician's supervision agreement with	854
the physician assistant was approved, including the requirement	855
that when practicing under a particular supervising physician, the	856
physician assistant must practice only according to the physician	857
supervisory plan the board approved for that physician or the	858
policies of the health care facility in which the supervising	859
physician and physician assistant are practicing;	860

(2) Failure to comply with the requirements of this chapter,	861
Chapter 4731. of the Revised Code, or any rules adopted by the	862
board;	863

(3) Violating or attempting to violate, directly or	864
indirectly, or assisting in or abetting the violation of, or	865
conspiring to violate, any provision of this chapter, Chapter	866
4731. of the Revised Code, or the rules adopted by the board;	867

(4) Inability to practice according to acceptable and	868
prevailing standards of care by reason of mental illness or	869
physical illness, including physical deterioration that adversely	870
affects cognitive, motor, or perceptive skills;	871

(5) Impairment of ability to practice according to acceptable	872
and prevailing standards of care because of habitual or excessive	873
use or abuse of drugs, alcohol, or other substances that impair	874
ability to practice;	875

(6) Administering drugs for purposes other than those	876
authorized under this chapter;	877

(7) Willfully betraying a professional confidence;

878

(8) Making a false, fraudulent, deceptive, or misleading	879
statement in soliciting or advertising for employment as a	880
physician assistant; in connection with any solicitation or	881
advertisement for patients; in relation to the practice of	882
medicine as it pertains to physician assistants; or in securing or	883
attempting to secure a certificate to practice as a physician	884
assistant, a certificate to prescribe, or approval of a	885
supervision agreement.	886

As used in this division, "false, fraudulent, deceptive, or	887
misleading statement" means a statement that includes a	888
misrepresentation of fact, is likely to mislead or deceive because	889
of a failure to disclose material facts, is intended or is likely	890
to create false or unjustified expectations of favorable results,	891
or includes representations or implications that in reasonable	892
probability will cause an ordinarily prudent person to	893
misunderstand or be deceived.	894

(9) Representing, with the purpose of obtaining compensation	895
or other advantage personally or for any other person, that an	896
incurable disease or injury, or other incurable condition, can be	897
permanently cured;	898

(10) The obtaining of, or attempting to obtain, money or	899
anything of value by fraudulent misrepresentations in the course	900
of practice;	901

(11) A plea of guilty to, a judicial finding of guilt of, or	902
a judicial finding of eligibility for intervention in lieu of	903
conviction for, a felony;	904

(12) Commission of an act that constitutes a felony in this	905
state, regardless of the jurisdiction in which the act was	906
committed;	907

(13) A plea of guilty to, a judicial finding of guilt of, or	908
a judicial finding of eligibility for intervention in lieu of	909
conviction for, a misdemeanor committed in the course of practice;	910

(14) A plea of guilty to, a judicial finding of guilt of, or	911
a judicial finding of eligibility for intervention in lieu of	912
conviction for, a misdemeanor involving moral turpitude;	913

(15) Commission of an act in the course of practice that	914
constitutes a misdemeanor in this state, regardless of the	915
jurisdiction in which the act was committed;	916

(16) Commission of an act involving moral turpitude that	917
constitutes a misdemeanor in this state, regardless of the	918
jurisdiction in which the act was committed;	919

(17) A plea of guilty to, a judicial finding of guilt of, or	920
a judicial finding of eligibility for intervention in lieu of	921
conviction for violating any state or federal law regulating the	922
possession, distribution, or use of any drug, including	923
trafficking in drugs;	924

(18) Any of the following actions taken by the state agency	925
responsible for regulating the practice of physician assistants in	926
another state, for any reason other than the nonpayment of fees:	927
the limitation, revocation, or suspension of an individual's	928
license to practice; acceptance of an individual's license	929
surrender; denial of a license; refusal to renew or reinstate a	930
license; imposition of probation; or issuance of an order of	931
censure or other reprimand;	932

(19) A departure from, or failure to conform to, minimal	933
standards of care of similar physician assistants under the same	934
or similar circumstances, regardless of whether actual injury to a	935
patient is established;	936

(20) Violation of the conditions placed by the board on a	937
certificate to practice as a physician assistant, a certificate to	938
prescribe, a physician supervisory plan, or supervision agreement;	939

(21) Failure to use universal blood and body fluid	940
precautions established by rules adopted under section 4731.051 of	941
the Revised Code;	942

(22) Failure to cooperate in an investigation conducted by	943
the board under section 4730.26 of the Revised Code, including	944
failure to comply with a subpoena or order issued by the board or	945
failure to answer truthfully a question presented by the board at	946
a deposition or in written interrogatories, except that failure to	947
cooperate with an investigation shall not constitute grounds for	948
discipline under this section if a court of competent jurisdiction	949
has issued an order that either quashes a subpoena or permits the	950
individual to withhold the testimony or evidence in issue;	951

(23) Assisting suicide as defined in section 3795.01 of the	952
Revised Code;	953

(24) Prescribing any drug or device to perform or induce an	954
abortion, or otherwise performing or inducing an abortion;	955

(25) Failure to comply with the requirements of section	956
4745.04 of the Revised Code.	957

(C) Disciplinary actions taken by the board under divisions	958
(A) and (B) of this section shall be taken pursuant to an	959
adjudication under Chapter 119. of the Revised Code, except that	960
in lieu of an adjudication, the board may enter into a consent	961
agreement with a physician assistant or applicant to resolve an	962
allegation of a violation of this chapter or any rule adopted	963
under it. A consent agreement, when ratified by an affirmative	964
vote of not fewer than six members of the board, shall constitute	965
the findings and order of the board with respect to the matter	966
addressed in the agreement. If the board refuses to ratify a	967
consent agreement, the admissions and findings contained in the	968
consent agreement shall be of no force or effect.	969

(D) For purposes of divisions (B)(12), (15), and (16) of this	970
section, the commission of the act may be established by a finding	971
by the board, pursuant to an adjudication under Chapter 119. of	972
the Revised Code, that the applicant or certificate holder	973
committed the act in question. The board shall have no	974
jurisdiction under these divisions in cases where the trial court	975
renders a final judgment in the certificate holder's favor and	976
that judgment is based upon an adjudication on the merits. The	977
board shall have jurisdiction under these divisions in cases where	978
the trial court issues an order of dismissal upon technical or	979
procedural grounds.	980

(E) The sealing of conviction records by any court shall have	981
no effect upon a prior board order entered under the provisions of	982
this section or upon the board's jurisdiction to take action under	983
the provisions of this section if, based upon a plea of guilty, a	984
judicial finding of guilt, or a judicial finding of eligibility	985
for intervention in lieu of conviction, the board issued a notice	986
of opportunity for a hearing prior to the court's order to seal	987
the records. The board shall not be required to seal, destroy,	988
redact, or otherwise modify its records to reflect the court's	989
sealing of conviction records.	990

(F) For purposes of this division, any individual who holds a	991
certificate issued under this chapter, or applies for a	992
certificate issued under this chapter, shall be deemed to have	993
given consent to submit to a mental or physical examination when	994
directed to do so in writing by the board and to have waived all	995
objections to the admissibility of testimony or examination	996
reports that constitute a privileged communication.	997

(1) In enforcing division (B)(4) of this section, the board,	998
upon a showing of a possible violation, may compel any individual	999
who holds a certificate issued under this chapter or who has	1000
applied for a certificate pursuant to this chapter to submit to a	1001
mental examination, physical examination, including an HIV test,	1002
or both a mental and physical examination. The expense of the	1003
examination is the responsibility of the individual compelled to	1004
be examined. Failure to submit to a mental or physical examination	1005
or consent to an HIV test ordered by the board constitutes an	1006
admission of the allegations against the individual unless the	1007
failure is due to circumstances beyond the individual's control,	1008
and a default and final order may be entered without the taking of	1009
testimony or presentation of evidence. If the board finds a	1010
physician assistant unable to practice because of the reasons set	1011
forth in division (B)(4) of this section, the board shall require	1012
the physician assistant to submit to care, counseling, or	1013
treatment by physicians approved or designated by the board, as a	1014
condition for an initial, continued, reinstated, or renewed	1015
certificate. An individual affected under this division shall be	1016
afforded an opportunity to demonstrate to the board the ability to	1017
resume practicing in compliance with acceptable and prevailing	1018
standards of care.	1019

(2) For purposes of division (B)(5) of this section, if the	1020
board has reason to believe that any individual who holds a	1021
certificate issued under this chapter or any applicant for a	1022
certificate suffers such impairment, the board may compel the	1023
individual to submit to a mental or physical examination, or both.	1024
The expense of the examination is the responsibility of the	1025
individual compelled to be examined. Any mental or physical	1026
examination required under this division shall be undertaken by a	1027
treatment provider or physician qualified to conduct such	1028
examination and chosen by the board.	1029

Failure to submit to a mental or physical examination ordered	1030
by the board constitutes an admission of the allegations against	1031
the individual unless the failure is due to circumstances beyond	1032
the individual's control, and a default and final order may be	1033
entered without the taking of testimony or presentation of	1034
evidence. If the board determines that the individual's ability to	1035
practice is impaired, the board shall suspend the individual's	1036
certificate or deny the individual's application and shall require	1037
the individual, as a condition for initial, continued, reinstated,	1038
or renewed certification to practice or prescribe, to submit to	1039
treatment.	1040

Before being eligible to apply for reinstatement of a	1041
certificate suspended under this division, the physician assistant	1042
shall demonstrate to the board the ability to resume practice or	1043
prescribing in compliance with acceptable and prevailing standards	1044
of care. The demonstration shall include the following:	1045

(a) Certification from a treatment provider approved under	1046
section 4731.25 of the Revised Code that the individual has	1047
successfully completed any required inpatient treatment;	1048

(b) Evidence of continuing full compliance with an aftercare	1049
contract or consent agreement;	1050

(c) Two written reports indicating that the individual's	1051
ability to practice has been assessed and that the individual has	1052
been found capable of practicing according to acceptable and	1053
prevailing standards of care. The reports shall be made by	1054
individuals or providers approved by the board for making such	1055
assessments and shall describe the basis for their determination.	1056

The board may reinstate a certificate suspended under this	1057
division after such demonstration and after the individual has	1058
entered into a written consent agreement.	1059

When the impaired physician assistant resumes practice or	1060
prescribing, the board shall require continued monitoring of the	1061
physician assistant. The monitoring shall include compliance with	1062
the written consent agreement entered into before reinstatement or	1063
with conditions imposed by board order after a hearing, and, upon	1064
termination of the consent agreement, submission to the board for	1065
at least two years of annual written progress reports made under	1066
penalty of falsification stating whether the physician assistant	1067
has maintained sobriety.	1068

(G) If the secretary and supervising member determine that	1069
there is clear and convincing evidence that a physician assistant	1070
has violated division (B) of this section and that the	1071
individual's continued practice or prescribing presents a danger	1072
of immediate and serious harm to the public, they may recommend	1073
that the board suspend the individual's certificate to practice or	1074
prescribe without a prior hearing. Written allegations shall be	1075
prepared for consideration by the board.	1076

The board, upon review of those allegations and by an	1077
affirmative vote of not fewer than six of its members, excluding	1078
the secretary and supervising member, may suspend a certificate	1079
without a prior hearing. A telephone conference call may be	1080
utilized for reviewing the allegations and taking the vote on the	1081
summary suspension.	1082

The board shall issue a written order of suspension by	1083
certified mail or in person in accordance with section 119.07 of	1084
the Revised Code. The order shall not be subject to suspension by	1085
the court during pendency of any appeal filed under section 119.12	1086
of the Revised Code. If the physician assistant requests an	1087
adjudicatory hearing by the board, the date set for the hearing	1088
shall be within fifteen days, but not earlier than seven days,	1089
after the physician assistant requests the hearing, unless	1090
otherwise agreed to by both the board and the certificate holder.	1091

A summary suspension imposed under this division shall remain	1092
in effect, unless reversed on appeal, until a final adjudicative	1093
order issued by the board pursuant to this section and Chapter	1094
119. of the Revised Code becomes effective. The board shall issue	1095
its final adjudicative order within sixty days after completion of	1096
its hearing. Failure to issue the order within sixty days shall	1097
result in dissolution of the summary suspension order, but shall	1098
not invalidate any subsequent, final adjudicative order.	1099

(H) If the board takes action under division (B)(11), (13),	1100
or (14) of this section, and the judicial finding of guilt, guilty	1101
plea, or judicial finding of eligibility for intervention in lieu	1102
of conviction is overturned on appeal, upon exhaustion of the	1103
criminal appeal, a petition for reconsideration of the order may	1104
be filed with the board along with appropriate court documents.	1105
Upon receipt of a petition and supporting court documents, the	1106
board shall reinstate the certificate to practice or prescribe.	1107
The board may then hold an adjudication under Chapter 119. of the	1108
Revised Code to determine whether the individual committed the act	1109
in question. Notice of opportunity for hearing shall be given in	1110
accordance with Chapter 119. of the Revised Code. If the board	1111
finds, pursuant to an adjudication held under this division, that	1112
the individual committed the act, or if no hearing is requested,	1113
it may order any of the sanctions identified under division (B) of	1114
this section.	1115

(I) The certificate to practice issued to a physician	1116
assistant and the physician assistant's practice in this state are	1117
automatically suspended as of the date the physician assistant	1118
pleads guilty to, is found by a judge or jury to be guilty of, or	1119
is subject to a judicial finding of eligibility for intervention	1120
in lieu of conviction in this state or treatment or intervention	1121
in lieu of conviction in another state for any of the following	1122
criminal offenses in this state or a substantially equivalent	1123
criminal offense in another jurisdiction: aggravated murder,	1124
murder, voluntary manslaughter, felonious assault, kidnapping,	1125
rape, sexual battery, gross sexual imposition, aggravated arson,	1126
aggravated robbery, or aggravated burglary. Continued practice	1127
after the suspension shall be considered practicing without a	1128
certificate.	1129

The board shall notify the individual subject to the	1130
suspension by certified mail or in person in accordance with	1131
section 119.07 of the Revised Code. If an individual whose	1132
certificate is suspended under this division fails to make a	1133
timely request for an adjudication under Chapter 119. of the	1134
Revised Code, the board shall enter a final order permanently	1135
revoking the individual's certificate to practice.	1136

(J) In any instance in which the board is required by Chapter	1137
119. of the Revised Code to give notice of opportunity for hearing	1138
and the individual subject to the notice does not timely request a	1139
hearing in accordance with section 119.07 of the Revised Code, the	1140
board is not required to hold a hearing, but may adopt, by an	1141
affirmative vote of not fewer than six of its members, a final	1142
order that contains the board's findings. In that final order, the	1143
board may order any of the sanctions identified under division (A)	1144
or (B) of this section.	1145

(K) Any action taken by the board under division (B) of this	1146
section resulting in a suspension shall be accompanied by a	1147
written statement of the conditions under which the physician	1148
assistant's certificate may be reinstated. The board shall adopt	1149
rules in accordance with Chapter 119. of the Revised Code	1150
governing conditions to be imposed for reinstatement.	1151
Reinstatement of a certificate suspended pursuant to division (B)	1152
of this section requires an affirmative vote of not fewer than six	1153
members of the board.	1154

(L) When the board refuses to grant to an applicant a	1155
certificate to practice as a physician assistant or a certificate	1156
to prescribe, revokes an individual's certificate, refuses to	1157
issue a certificate, or refuses to reinstate an individual's	1158
certificate, the board may specify that its action is permanent.	1159
An individual subject to a permanent action taken by the board is	1160
forever thereafter ineligible to hold the certificate and the	1161
board shall not accept an application for reinstatement of the	1162
certificate or for issuance of a new certificate.	1163

(M) Notwithstanding any other provision of the Revised Code,	1164
all of the following apply:	1165

(1) The surrender of a certificate issued under this chapter	1166
is not effective unless or until accepted by the board.	1167
Reinstatement of a certificate surrendered to the board requires	1168
an affirmative vote of not fewer than six members of the board.	1169

(2) An application made under this chapter for a certificate,	1170
approval of a physician supervisory plan, or approval of a	1171
supervision agreement may not be withdrawn without approval of the	1172
board.	1173

(3) Failure by an individual to renew a certificate in	1174
accordance with section 4730.14 or section 4730.48 of the Revised	1175
Code shall not remove or limit the board's jurisdiction to take	1176
disciplinary action under this section against the individual.	1177

Sec. 4731.22.  (A) The state medical board, by an affirmative	1178
vote of not fewer than six of its members, may revoke or may	1179
refuse to grant a certificate to a person found by the board to	1180
have committed fraud during the administration of the examination	1181
for a certificate to practice or to have committed fraud,	1182
misrepresentation, or deception in applying for or securing any	1183
certificate to practice or certificate of registration issued by	1184
the board.	1185

(B) The board, by an affirmative vote of not fewer than six	1186
members, shall, to the extent permitted by law, limit, revoke, or	1187
suspend an individual's certificate to practice, refuse to	1188
register an individual, refuse to reinstate a certificate, or	1189
reprimand or place on probation the holder of a certificate for	1190
one or more of the following reasons:	1191

(1) Permitting one's name or one's certificate to practice or	1192
certificate of registration to be used by a person, group, or	1193
corporation when the individual concerned is not actually	1194
directing the treatment given;	1195

(2) Failure to maintain minimal standards applicable to the	1196
selection or administration of drugs, or failure to employ	1197
acceptable scientific methods in the selection of drugs or other	1198
modalities for treatment of disease;	1199

(3) Selling, giving away, personally furnishing, prescribing,	1200
or administering drugs for other than legal and legitimate	1201
therapeutic purposes or a plea of guilty to, a judicial finding of	1202
guilt of, or a judicial finding of eligibility for intervention in	1203
lieu of conviction of, a violation of any federal or state law	1204
regulating the possession, distribution, or use of any drug;	1205

(4) Willfully betraying a professional confidence.

1206

For purposes of this division, "willfully betraying a	1207
professional confidence" does not include providing any	1208
information, documents, or reports to a child fatality review	1209
board under sections 307.621 to 307.629 of the Revised Code and	1210
does not include the making of a report of an employee's use of a	1211
drug of abuse, or a report of a condition of an employee other	1212
than one involving the use of a drug of abuse, to the employer of	1213
the employee as described in division (B) of section 2305.33 of	1214
the Revised Code. Nothing in this division affects the immunity	1215
from civil liability conferred by that section upon a physician	1216
who makes either type of report in accordance with division (B) of	1217
that section. As used in this division, "employee," "employer,"	1218
and "physician" have the same meanings as in section 2305.33 of	1219
the Revised Code.	1220

(5) Making a false, fraudulent, deceptive, or misleading	1221
statement in the solicitation of or advertising for patients; in	1222
relation to the practice of medicine and surgery, osteopathic	1223
medicine and surgery, podiatric medicine and surgery, or a limited	1224
branch of medicine; or in securing or attempting to secure any	1225
certificate to practice or certificate of registration issued by	1226
the board.	1227

As used in this division, "false, fraudulent, deceptive, or	1228
misleading statement" means a statement that includes a	1229
misrepresentation of fact, is likely to mislead or deceive because	1230
of a failure to disclose material facts, is intended or is likely	1231
to create false or unjustified expectations of favorable results,	1232
or includes representations or implications that in reasonable	1233
probability will cause an ordinarily prudent person to	1234
misunderstand or be deceived.	1235

(6) A departure from, or the failure to conform to, minimal	1236
standards of care of similar practitioners under the same or	1237
similar circumstances, whether or not actual injury to a patient	1238
is established;	1239

(7) Representing, with the purpose of obtaining compensation	1240
or other advantage as personal gain or for any other person, that	1241
an incurable disease or injury, or other incurable condition, can	1242
be permanently cured;	1243

(8) The obtaining of, or attempting to obtain, money or	1244
anything of value by fraudulent misrepresentations in the course	1245
of practice;	1246

(9) A plea of guilty to, a judicial finding of guilt of, or a	1247
judicial finding of eligibility for intervention in lieu of	1248
conviction for, a felony;	1249

(10) Commission of an act that constitutes a felony in this	1250
state, regardless of the jurisdiction in which the act was	1251
committed;	1252

(11) A plea of guilty to, a judicial finding of guilt of, or	1253
a judicial finding of eligibility for intervention in lieu of	1254
conviction for, a misdemeanor committed in the course of practice;	1255

(12) Commission of an act in the course of practice that	1256
constitutes a misdemeanor in this state, regardless of the	1257
jurisdiction in which the act was committed;	1258

(13) A plea of guilty to, a judicial finding of guilt of, or	1259
a judicial finding of eligibility for intervention in lieu of	1260
conviction for, a misdemeanor involving moral turpitude;	1261

(14) Commission of an act involving moral turpitude that	1262
constitutes a misdemeanor in this state, regardless of the	1263
jurisdiction in which the act was committed;	1264

(15) Violation of the conditions of limitation placed by the	1265
board upon a certificate to practice;	1266

(16) Failure to pay license renewal fees specified in this	1267
chapter;	1268

(17) Except as authorized in section 4731.31 of the Revised	1269
Code, engaging in the division of fees for referral of patients,	1270
or the receiving of a thing of value in return for a specific	1271
referral of a patient to utilize a particular service or business;	1272

(18) Subject to section 4731.226 of the Revised Code,	1273
violation of any provision of a code of ethics of the American	1274
medical association, the American osteopathic association, the	1275
American podiatric medical association, or any other national	1276
professional organizations that the board specifies by rule. The	1277
state medical board shall obtain and keep on file current copies	1278
of the codes of ethics of the various national professional	1279
organizations. The individual whose certificate is being suspended	1280
or revoked shall not be found to have violated any provision of a	1281
code of ethics of an organization not appropriate to the	1282
individual's profession.	1283

For purposes of this division, a "provision of a code of	1284
ethics of a national professional organization" does not include	1285
any provision that would preclude the making of a report by a	1286
physician of an employee's use of a drug of abuse, or of a	1287
condition of an employee other than one involving the use of a	1288
drug of abuse, to the employer of the employee as described in	1289
division (B) of section 2305.33 of the Revised Code. Nothing in	1290
this division affects the immunity from civil liability conferred	1291
by that section upon a physician who makes either type of report	1292
in accordance with division (B) of that section. As used in this	1293
division, "employee," "employer," and "physician" have the same	1294
meanings as in section 2305.33 of the Revised Code.	1295

(19) Inability to practice according to acceptable and	1296
prevailing standards of care by reason of mental illness or	1297
physical illness, including, but not limited to, physical	1298
deterioration that adversely affects cognitive, motor, or	1299
perceptive skills.	1300

In enforcing this division, the board, upon a showing of a	1301
possible violation, may compel any individual authorized to	1302
practice by this chapter or who has submitted an application	1303
pursuant to this chapter to submit to a mental examination,	1304
physical examination, including an HIV test, or both a mental and	1305
a physical examination. The expense of the examination is the	1306
responsibility of the individual compelled to be examined. Failure	1307
to submit to a mental or physical examination or consent to an HIV	1308
test ordered by the board constitutes an admission of the	1309
allegations against the individual unless the failure is due to	1310
circumstances beyond the individual's control, and a default and	1311
final order may be entered without the taking of testimony or	1312
presentation of evidence. If the board finds an individual unable	1313
to practice because of the reasons set forth in this division, the	1314
board shall require the individual to submit to care, counseling,	1315
or treatment by physicians approved or designated by the board, as	1316
a condition for initial, continued, reinstated, or renewed	1317
authority to practice. An individual affected under this division	1318
shall be afforded an opportunity to demonstrate to the board the	1319
ability to resume practice in compliance with acceptable and	1320
prevailing standards under the provisions of the individual's	1321
certificate. For the purpose of this division, any individual who	1322
applies for or receives a certificate to practice under this	1323
chapter accepts the privilege of practicing in this state and, by	1324
so doing, shall be deemed to have given consent to submit to a	1325
mental or physical examination when directed to do so in writing	1326
by the board, and to have waived all objections to the	1327
admissibility of testimony or examination reports that constitute	1328
a privileged communication.	1329

(20) Except when civil penalties are imposed under section	1330
4731.225 or 4731.281 of the Revised Code, and subject to section	1331
4731.226 of the Revised Code, violating or attempting to violate,	1332
directly or indirectly, or assisting in or abetting the violation	1333
of, or conspiring to violate, any provisions of this chapter or	1334
any rule promulgated by the board.	1335

This division does not apply to a violation or attempted	1336
violation of, assisting in or abetting the violation of, or a	1337
conspiracy to violate, any provision of this chapter or any rule	1338
adopted by the board that would preclude the making of a report by	1339
a physician of an employee's use of a drug of abuse, or of a	1340
condition of an employee other than one involving the use of a	1341
drug of abuse, to the employer of the employee as described in	1342
division (B) of section 2305.33 of the Revised Code. Nothing in	1343
this division affects the immunity from civil liability conferred	1344
by that section upon a physician who makes either type of report	1345
in accordance with division (B) of that section. As used in this	1346
division, "employee," "employer," and "physician" have the same	1347
meanings as in section 2305.33 of the Revised Code.	1348

(21) The violation of section 3701.79 of the Revised Code or	1349
of any abortion rule adopted by the director of health pursuant to	1350
section 3701.341 of the Revised Code;	1351

(22) Any of the following actions taken by an agency	1352
responsible for authorizing, certifying, or regulating an	1353
individual to practice a health care occupation or provide health	1354
care services in this state or another jurisdiction, for any	1355
reason other than the nonpayment of fees: the limitation,	1356
revocation, or suspension of an individual's license to practice;	1357
acceptance of an individual's license surrender; denial of a	1358
license; refusal to renew or reinstate a license; imposition of	1359
probation; or issuance of an order of censure or other reprimand;	1360

(23) The violation of section 2919.12 of the Revised Code or	1361
the performance or inducement of an abortion upon a pregnant woman	1362
with actual knowledge that the conditions specified in division	1363
(B) of section 2317.56 of the Revised Code have not been satisfied	1364
or with a heedless indifference as to whether those conditions	1365
have been satisfied, unless an affirmative defense as specified in	1366
division (H)(2) of that section would apply in a civil action	1367
authorized by division (H)(1) of that section;	1368

(24) The revocation, suspension, restriction, reduction, or	1369
termination of clinical privileges by the United States department	1370
of defense or department of veterans affairs or the termination or	1371
suspension of a certificate of registration to prescribe drugs by	1372
the drug enforcement administration of the United States	1373
department of justice;	1374

(25) Termination or suspension from participation in the	1375
medicare or medicaid programs by the department of health and	1376
human services or other responsible agency for any act or acts	1377
that also would constitute a violation of division (B)(2), (3),	1378
(6), (8), or (19) of this section;	1379

(26) Impairment of ability to practice according to	1380
acceptable and prevailing standards of care because of habitual or	1381
excessive use or abuse of drugs, alcohol, or other substances that	1382
impair ability to practice.	1383

For the purposes of this division, any individual authorized	1384
to practice by this chapter accepts the privilege of practicing in	1385
this state subject to supervision by the board. By filing an	1386
application for or holding a certificate to practice under this	1387
chapter, an individual shall be deemed to have given consent to	1388
submit to a mental or physical examination when ordered to do so	1389
by the board in writing, and to have waived all objections to the	1390
admissibility of testimony or examination reports that constitute	1391
privileged communications.	1392

If it has reason to believe that any individual authorized to	1393
practice by this chapter or any applicant for certification to	1394
practice suffers such impairment, the board may compel the	1395
individual to submit to a mental or physical examination, or both.	1396
The expense of the examination is the responsibility of the	1397
individual compelled to be examined. Any mental or physical	1398
examination required under this division shall be undertaken by a	1399
treatment provider or physician who is qualified to conduct the	1400
examination and who is chosen by the board.	1401

Failure to submit to a mental or physical examination ordered	1402
by the board constitutes an admission of the allegations against	1403
the individual unless the failure is due to circumstances beyond	1404
the individual's control, and a default and final order may be	1405
entered without the taking of testimony or presentation of	1406
evidence. If the board determines that the individual's ability to	1407
practice is impaired, the board shall suspend the individual's	1408
certificate or deny the individual's application and shall require	1409
the individual, as a condition for initial, continued, reinstated,	1410
or renewed certification to practice, to submit to treatment.	1411

Before being eligible to apply for reinstatement of a	1412
certificate suspended under this division, the impaired	1413
practitioner shall demonstrate to the board the ability to resume	1414
practice in compliance with acceptable and prevailing standards of	1415
care under the provisions of the practitioner's certificate. The	1416
demonstration shall include, but shall not be limited to, the	1417
following:	1418

(a) Certification from a treatment provider approved under	1419
section 4731.25 of the Revised Code that the individual has	1420
successfully completed any required inpatient treatment;	1421

(b) Evidence of continuing full compliance with an aftercare	1422
contract or consent agreement;	1423

(c) Two written reports indicating that the individual's	1424
ability to practice has been assessed and that the individual has	1425
been found capable of practicing according to acceptable and	1426
prevailing standards of care. The reports shall be made by	1427
individuals or providers approved by the board for making the	1428
assessments and shall describe the basis for their determination.	1429

The board may reinstate a certificate suspended under this	1430
division after that demonstration and after the individual has	1431
entered into a written consent agreement.	1432

When the impaired practitioner resumes practice, the board	1433
shall require continued monitoring of the individual. The	1434
monitoring shall include, but not be limited to, compliance with	1435
the written consent agreement entered into before reinstatement or	1436
with conditions imposed by board order after a hearing, and, upon	1437
termination of the consent agreement, submission to the board for	1438
at least two years of annual written progress reports made under	1439
penalty of perjury stating whether the individual has maintained	1440
sobriety.	1441

(27) A second or subsequent violation of section 4731.66 or	1442
4731.69 of the Revised Code;	1443

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

1444

(a) Waiving the payment of all or any part of a deductible or	1445
copayment that a patient, pursuant to a health insurance or health	1446
care policy, contract, or plan that covers the individual's	1447
services, otherwise would be required to pay if the waiver is used	1448
as an enticement to a patient or group of patients to receive	1449
health care services from that individual;	1450

(b) Advertising that the individual will waive the payment of	1451
all or any part of a deductible or copayment that a patient,	1452
pursuant to a health insurance or health care policy, contract, or	1453
plan that covers the individual's services, otherwise would be	1454
required to pay.	1455

(29) Failure to use universal blood and body fluid	1456
precautions established by rules adopted under section 4731.051 of	1457
the Revised Code;	1458

(30) Failure to provide notice to, and receive acknowledgment	1459
of the notice from, a patient when required by section 4731.143 of	1460
the Revised Code prior to providing nonemergency professional	1461
services, or failure to maintain that notice in the patient's	1462
file;	1463

(31) Failure of a physician supervising a physician assistant	1464
to maintain supervision in accordance with the requirements of	1465
Chapter 4730. of the Revised Code and the rules adopted under that	1466
chapter;	1467

(32) Failure of a physician or podiatrist to enter into a	1468
standard care arrangement with a clinical nurse specialist,	1469
certified nurse-midwife, or certified nurse practitioner with whom	1470
the physician or podiatrist is in collaboration pursuant to	1471
section 4731.27 of the Revised Code or failure to fulfill the	1472
responsibilities of collaboration after entering into a standard	1473
care arrangement;	1474

(33) Failure to comply with the terms of a consult agreement	1475
entered into with a pharmacist pursuant to section 4729.39 of the	1476
Revised Code;	1477

(34) Failure to cooperate in an investigation conducted by	1478
the board under division (F) of this section, including failure to	1479
comply with a subpoena or order issued by the board or failure to	1480
answer truthfully a question presented by the board at a	1481
deposition or in written interrogatories, except that failure to	1482
cooperate with an investigation shall not constitute grounds for	1483
discipline under this section if a court of competent jurisdiction	1484
has issued an order that either quashes a subpoena or permits the	1485
individual to withhold the testimony or evidence in issue;	1486

(35) Failure to supervise an acupuncturist in accordance with	1487
Chapter 4762. of the Revised Code and the board's rules for	1488
supervision of an acupuncturist;	1489

(36) Failure to supervise an anesthesiologist assistant in	1490
accordance with Chapter 4760. of the Revised Code and the board's	1491
rules for supervision of an anesthesiologist assistant;	1492

(37) Assisting suicide as defined in section 3795.01 of the	1493
Revised Code;	1494

(38) Failure to comply with the requirements of section	1495
2317.561 of the Revised Code;	1496

(39) Failure to supervise a radiologist assistant in	1497
accordance with Chapter 4774. of the Revised Code and the board's	1498
rules for supervision of radiologist assistants;	1499

(40) Performing or inducing an abortion at an office or	1500
facility with knowledge that the office or facility fails to post	1501
the notice required under section 3701.791 of the Revised Code;	1502

(41) Failure to comply with the standards and procedures	1503
established in rules under section 4731.054 of the Revised Code	1504
for the operation of or the provision of care at a pain management	1505
clinic;	1506

(42) Failure to comply with the standards and procedures	1507
established in rules under section 4731.054 of the Revised Code	1508
for providing supervision, direction, and control of individuals	1509
at a pain management clinic;	1510

(43) Failure to comply with the requirements of section	1511
4729.79 of the Revised Code, unless the state board of pharmacy no	1512
longer maintains a drug database pursuant to section 4729.75 of	1513
the Revised Code;	1514

(44) Failure to comply with the requirements of section	1515
2919.171 of the Revised Code or failure to submit to the	1516
department of health in accordance with a court order a complete	1517
report as described in section 2919.171 of the Revised Code;	1518

(45) Failure to supervise a genetic counselor holding a	1519
supervised practice license in accordance with Chapter 4778. of	1520
the Revised Code and the board's rules for supervision of the	1521
genetic counselor;	1522

(46) Failure to fulfill the responsibilities of collaboration	1523
after entering into a collaborative agreement with a genetic	1524
counselor under division (B) of section 4778.11 of the Revised	1525
Code or failure to comply with the board's rules regarding such	1526
agreements;	1527

(47) Failure to comply with the requirements of section	1528
4745.04 of the Revised Code.	1529

(C) Disciplinary actions taken by the board under divisions	1530
(A) and (B) of this section shall be taken pursuant to an	1531
adjudication under Chapter 119. of the Revised Code, except that	1532
in lieu of an adjudication, the board may enter into a consent	1533
agreement with an individual to resolve an allegation of a	1534
violation of this chapter or any rule adopted under it. A consent	1535
agreement, when ratified by an affirmative vote of not fewer than	1536
six members of the board, shall constitute the findings and order	1537
of the board with respect to the matter addressed in the	1538
agreement. If the board refuses to ratify a consent agreement, the	1539
admissions and findings contained in the consent agreement shall	1540
be of no force or effect.	1541

A telephone conference call may be utilized for ratification	1542
of a consent agreement that revokes or suspends an individual's	1543
certificate to practice. The telephone conference call shall be	1544
considered a special meeting under division (F) of section 121.22	1545
of the Revised Code.	1546

If the board takes disciplinary action against an individual	1547
under division (B) of this section for a second or subsequent plea	1548
of guilty to, or judicial finding of guilt of, a violation of	1549
section 2919.123 of the Revised Code, the disciplinary action	1550
shall consist of a suspension of the individual's certificate to	1551
practice for a period of at least one year or, if determined	1552
appropriate by the board, a more serious sanction involving the	1553
individual's certificate to practice. Any consent agreement	1554
entered into under this division with an individual that pertains	1555
to a second or subsequent plea of guilty to, or judicial finding	1556
of guilt of, a violation of that section shall provide for a	1557
suspension of the individual's certificate to practice for a	1558
period of at least one year or, if determined appropriate by the	1559
board, a more serious sanction involving the individual's	1560
certificate to practice.	1561

(D) For purposes of divisions (B)(10), (12), and (14) of this	1562
section, the commission of the act may be established by a finding	1563
by the board, pursuant to an adjudication under Chapter 119. of	1564
the Revised Code, that the individual committed the act. The board	1565
does not have jurisdiction under those divisions if the trial	1566
court renders a final judgment in the individual's favor and that	1567
judgment is based upon an adjudication on the merits. The board	1568
has jurisdiction under those divisions if the trial court issues	1569
an order of dismissal upon technical or procedural grounds.	1570

(E) The sealing of conviction records by any court shall have	1571
no effect upon a prior board order entered under this section or	1572
upon the board's jurisdiction to take action under this section	1573
if, based upon a plea of guilty, a judicial finding of guilt, or a	1574
judicial finding of eligibility for intervention in lieu of	1575
conviction, the board issued a notice of opportunity for a hearing	1576
prior to the court's order to seal the records. The board shall	1577
not be required to seal, destroy, redact, or otherwise modify its	1578
records to reflect the court's sealing of conviction records.	1579

(F)(1) The board shall investigate evidence that appears to	1580
show that a person has violated any provision of this chapter or	1581
any rule adopted under it. Any person may report to the board in a	1582
signed writing any information that the person may have that	1583
appears to show a violation of any provision of this chapter or	1584
any rule adopted under it. In the absence of bad faith, any person	1585
who reports information of that nature or who testifies before the	1586
board in any adjudication conducted under Chapter 119. of the	1587
Revised Code shall not be liable in damages in a civil action as a	1588
result of the report or testimony. Each complaint or allegation of	1589
a violation received by the board shall be assigned a case number	1590
and shall be recorded by the board.	1591

(2) Investigations of alleged violations of this chapter or	1592
any rule adopted under it shall be supervised by the supervising	1593
member elected by the board in accordance with section 4731.02 of	1594
the Revised Code and by the secretary as provided in section	1595
4731.39 of the Revised Code. The president may designate another	1596
member of the board to supervise the investigation in place of the	1597
supervising member. No member of the board who supervises the	1598
investigation of a case shall participate in further adjudication	1599
of the case.	1600

(3) In investigating a possible violation of this chapter or	1601
any rule adopted under this chapter, the board may administer	1602
oaths, order the taking of depositions, inspect and copy any	1603
books, accounts, papers, records, or documents, issue subpoenas,	1604
and compel the attendance of witnesses and production of books,	1605
accounts, papers, records, documents, and testimony, except that a	1606
subpoena for patient record information shall not be issued	1607
without consultation with the attorney general's office and	1608
approval of the secretary and supervising member of the board.	1609
Before issuance of a subpoena for patient record information, the	1610
secretary and supervising member shall determine whether there is	1611
probable cause to believe that the complaint filed alleges a	1612
violation of this chapter or any rule adopted under it and that	1613
the records sought are relevant to the alleged violation and	1614
material to the investigation. The subpoena may apply only to	1615
records that cover a reasonable period of time surrounding the	1616
alleged violation.	1617

On failure to comply with any subpoena issued by the board	1618
and after reasonable notice to the person being subpoenaed, the	1619
board may move for an order compelling the production of persons	1620
or records pursuant to the Rules of Civil Procedure.	1621

A subpoena issued by the board may be served by a sheriff,	1622
the sheriff's deputy, or a board employee designated by the board.	1623
Service of a subpoena issued by the board may be made by	1624
delivering a copy of the subpoena to the person named therein,	1625
reading it to the person, or leaving it at the person's usual	1626
place of residence. When the person being served is a person whose	1627
practice is authorized by this chapter, service of the subpoena	1628
may be made by certified mail, restricted delivery, return receipt	1629
requested, and the subpoena shall be deemed served on the date	1630
delivery is made or the date the person refuses to accept	1631
delivery.	1632

A sheriff's deputy who serves a subpoena shall receive the	1633
same fees as a sheriff. Each witness who appears before the board	1634
in obedience to a subpoena shall receive the fees and mileage	1635
provided for under section 119.094 of the Revised Code.	1636

(4) All hearings and investigations of the board shall be	1637
considered civil actions for the purposes of section 2305.252 of	1638
the Revised Code.	1639

(5) Information received by the board pursuant to an	1640
investigation is confidential and not subject to discovery in any	1641
civil action.	1642

The board shall conduct all investigations and proceedings in	1643
a manner that protects the confidentiality of patients and persons	1644
who file complaints with the board. The board shall not make	1645
public the names or any other identifying information about	1646
patients or complainants unless proper consent is given or, in the	1647
case of a patient, a waiver of the patient privilege exists under	1648
division (B) of section 2317.02 of the Revised Code, except that	1649
consent or a waiver of that nature is not required if the board	1650
possesses reliable and substantial evidence that no bona fide	1651
physician-patient relationship exists.	1652

The board may share any information it receives pursuant to	1653
an investigation, including patient records and patient record	1654
information, with law enforcement agencies, other licensing	1655
boards, and other governmental agencies that are prosecuting,	1656
adjudicating, or investigating alleged violations of statutes or	1657
administrative rules. An agency or board that receives the	1658
information shall comply with the same requirements regarding	1659
confidentiality as those with which the state medical board must	1660
comply, notwithstanding any conflicting provision of the Revised	1661
Code or procedure of the agency or board that applies when it is	1662
dealing with other information in its possession. In a judicial	1663
proceeding, the information may be admitted into evidence only in	1664
accordance with the Rules of Evidence, but the court shall require	1665
that appropriate measures are taken to ensure that confidentiality	1666
is maintained with respect to any part of the information that	1667
contains names or other identifying information about patients or	1668
complainants whose confidentiality was protected by the state	1669
medical board when the information was in the board's possession.	1670
Measures to ensure confidentiality that may be taken by the court	1671
include sealing its records or deleting specific information from	1672
its records.	1673

(6) On a quarterly basis, the board shall prepare a report	1674
that documents the disposition of all cases during the preceding	1675
three months. The report shall contain the following information	1676
for each case with which the board has completed its activities:	1677

(a) The case number assigned to the complaint or alleged	1678
violation;	1679

(b) The type of certificate to practice, if any, held by the	1680
individual against whom the complaint is directed;	1681

(c) A description of the allegations contained in the	1682
complaint;	1683

(d) The disposition of the case.

1684

The report shall state how many cases are still pending and	1685
shall be prepared in a manner that protects the identity of each	1686
person involved in each case. The report shall be a public record	1687
under section 149.43 of the Revised Code.	1688

(G) If the secretary and supervising member determine both of	1689
the following, they may recommend that the board suspend an	1690
individual's certificate to practice without a prior hearing:	1691

(1) That there is clear and convincing evidence that an	1692
individual has violated division (B) of this section;	1693

(2) That the individual's continued practice presents a	1694
danger of immediate and serious harm to the public.	1695

Written allegations shall be prepared for consideration by	1696
the board. The board, upon review of those allegations and by an	1697
affirmative vote of not fewer than six of its members, excluding	1698
the secretary and supervising member, may suspend a certificate	1699
without a prior hearing. A telephone conference call may be	1700
utilized for reviewing the allegations and taking the vote on the	1701
summary suspension.	1702

The board shall issue a written order of suspension by	1703
certified mail or in person in accordance with section 119.07 of	1704
the Revised Code. The order shall not be subject to suspension by	1705
the court during pendency of any appeal filed under section 119.12	1706
of the Revised Code. If the individual subject to the summary	1707
suspension requests an adjudicatory hearing by the board, the date	1708
set for the hearing shall be within fifteen days, but not earlier	1709
than seven days, after the individual requests the hearing, unless	1710
otherwise agreed to by both the board and the individual.	1711

Any summary suspension imposed under this division shall	1712
remain in effect, unless reversed on appeal, until a final	1713
adjudicative order issued by the board pursuant to this section	1714
and Chapter 119. of the Revised Code becomes effective. The board	1715
shall issue its final adjudicative order within seventy-five days	1716
after completion of its hearing. A failure to issue the order	1717
within seventy-five days shall result in dissolution of the	1718
summary suspension order but shall not invalidate any subsequent,	1719
final adjudicative order.	1720

(H) If the board takes action under division (B)(9), (11), or	1721
(13) of this section and the judicial finding of guilt, guilty	1722
plea, or judicial finding of eligibility for intervention in lieu	1723
of conviction is overturned on appeal, upon exhaustion of the	1724
criminal appeal, a petition for reconsideration of the order may	1725
be filed with the board along with appropriate court documents.	1726
Upon receipt of a petition of that nature and supporting court	1727
documents, the board shall reinstate the individual's certificate	1728
to practice. The board may then hold an adjudication under Chapter	1729
119. of the Revised Code to determine whether the individual	1730
committed the act in question. Notice of an opportunity for a	1731
hearing shall be given in accordance with Chapter 119. of the	1732
Revised Code. If the board finds, pursuant to an adjudication held	1733
under this division, that the individual committed the act or if	1734
no hearing is requested, the board may order any of the sanctions	1735
identified under division (B) of this section.	1736

(I) The certificate to practice issued to an individual under	1737
this chapter and the individual's practice in this state are	1738
automatically suspended as of the date of the individual's second	1739
or subsequent plea of guilty to, or judicial finding of guilt of,	1740
a violation of section 2919.123 of the Revised Code, or the date	1741
the individual pleads guilty to, is found by a judge or jury to be	1742
guilty of, or is subject to a judicial finding of eligibility for	1743
intervention in lieu of conviction in this state or treatment or	1744
intervention in lieu of conviction in another jurisdiction for any	1745
of the following criminal offenses in this state or a	1746
substantially equivalent criminal offense in another jurisdiction:	1747
aggravated murder, murder, voluntary manslaughter, felonious	1748
assault, kidnapping, rape, sexual battery, gross sexual	1749
imposition, aggravated arson, aggravated robbery, or aggravated	1750
burglary. Continued practice after suspension shall be considered	1751
practicing without a certificate.	1752

The board shall notify the individual subject to the	1753
suspension by certified mail or in person in accordance with	1754
section 119.07 of the Revised Code. If an individual whose	1755
certificate is automatically suspended under this division fails	1756
to make a timely request for an adjudication under Chapter 119. of	1757
the Revised Code, the board shall do whichever of the following is	1758
applicable:	1759

(1) If the automatic suspension under this division is for a	1760
second or subsequent plea of guilty to, or judicial finding of	1761
guilt of, a violation of section 2919.123 of the Revised Code, the	1762
board shall enter an order suspending the individual's certificate	1763
to practice for a period of at least one year or, if determined	1764
appropriate by the board, imposing a more serious sanction	1765
involving the individual's certificate to practice.	1766

(2) In all circumstances in which division (I)(1) of this	1767
section does not apply, enter a final order permanently revoking	1768
the individual's certificate to practice.	1769

(J) If the board is required by Chapter 119. of the Revised	1770
Code to give notice of an opportunity for a hearing and if the	1771
individual subject to the notice does not timely request a hearing	1772
in accordance with section 119.07 of the Revised Code, the board	1773
is not required to hold a hearing, but may adopt, by an	1774
affirmative vote of not fewer than six of its members, a final	1775
order that contains the board's findings. In that final order, the	1776
board may order any of the sanctions identified under division (A)	1777
or (B) of this section.	1778

(K) Any action taken by the board under division (B) of this	1779
section resulting in a suspension from practice shall be	1780
accompanied by a written statement of the conditions under which	1781
the individual's certificate to practice may be reinstated. The	1782
board shall adopt rules governing conditions to be imposed for	1783
reinstatement. Reinstatement of a certificate suspended pursuant	1784
to division (B) of this section requires an affirmative vote of	1785
not fewer than six members of the board.	1786

(L) When the board refuses to grant a certificate to an	1787
applicant, revokes an individual's certificate to practice,	1788
refuses to register an applicant, or refuses to reinstate an	1789
individual's certificate to practice, the board may specify that	1790
its action is permanent. An individual subject to a permanent	1791
action taken by the board is forever thereafter ineligible to hold	1792
a certificate to practice and the board shall not accept an	1793
application for reinstatement of the certificate or for issuance	1794
of a new certificate.	1795

(M) Notwithstanding any other provision of the Revised Code,	1796
all of the following apply:	1797

(1) The surrender of a certificate issued under this chapter	1798
shall not be effective unless or until accepted by the board. A	1799
telephone conference call may be utilized for acceptance of the	1800
surrender of an individual's certificate to practice. The	1801
telephone conference call shall be considered a special meeting	1802
under division (F) of section 121.22 of the Revised Code.	1803
Reinstatement of a certificate surrendered to the board requires	1804
an affirmative vote of not fewer than six members of the board.	1805

(2) An application for a certificate made under the	1806
provisions of this chapter may not be withdrawn without approval	1807
of the board.	1808

(3) Failure by an individual to renew a certificate of	1809
registration in accordance with this chapter shall not remove or	1810
limit the board's jurisdiction to take any disciplinary action	1811
under this section against the individual.	1812

(N) Sanctions shall not be imposed under division (B)(28) of	1813
this section against any person who waives deductibles and	1814
copayments as follows:	1815

(1) In compliance with the health benefit plan that expressly	1816
allows such a practice. Waiver of the deductibles or copayments	1817
shall be made only with the full knowledge and consent of the plan	1818
purchaser, payer, and third-party administrator. Documentation of	1819
the consent shall be made available to the board upon request.	1820

(2) For professional services rendered to any other person	1821
authorized to practice pursuant to this chapter, to the extent	1822
allowed by this chapter and rules adopted by the board.	1823

(O) Under the board's investigative duties described in this	1824
section and subject to division (F) of this section, the board	1825
shall develop and implement a quality intervention program	1826
designed to improve through remedial education the clinical and	1827
communication skills of individuals authorized under this chapter	1828
to practice medicine and surgery, osteopathic medicine and	1829
surgery, and podiatric medicine and surgery. In developing and	1830
implementing the quality intervention program, the board may do	1831
all of the following:	1832

(1) Offer in appropriate cases as determined by the board an	1833
educational and assessment program pursuant to an investigation	1834
the board conducts under this section;	1835

(2) Select providers of educational and assessment services,	1836
including a quality intervention program panel of case reviewers;	1837

(3) Make referrals to educational and assessment service	1838
providers and approve individual educational programs recommended	1839
by those providers. The board shall monitor the progress of each	1840
individual undertaking a recommended individual educational	1841
program.	1842

(4) Determine what constitutes successful completion of an	1843
individual educational program and require further monitoring of	1844
the individual who completed the program or other action that the	1845
board determines to be appropriate;	1846

(5) Adopt rules in accordance with Chapter 119. of the	1847
Revised Code to further implement the quality intervention	1848
program.	1849

An individual who participates in an individual educational	1850
program pursuant to this division shall pay the financial	1851
obligations arising from that educational program.	1852

Sec. 4732.17.  (A) The state board of psychology may refuse	1853
to issue a license to any applicant, may issue a reprimand, or	1854
suspend or revoke the license of any licensed psychologist or	1855
licensed school psychologist, on any of the following grounds:	1856

(1) Conviction of a felony, or of any offense involving moral	1857
turpitude, in a court of this or any other state or in a federal	1858
court;	1859

(2) Using fraud or deceit in the procurement of the license	1860
to practice psychology or school psychology or knowingly assisting	1861
another in the procurement of such a license through fraud or	1862
deceit;	1863

(3) Accepting commissions or rebates or other forms of	1864
remuneration for referring persons to other professionals;	1865

(4) Willful, unauthorized communication of information	1866
received in professional confidence;	1867

(5) Being negligent in the practice of psychology or school	1868
psychology;	1869

(6) Using any controlled substance or alcoholic beverage to	1870
an extent that such use impairs the person's ability to perform	1871
the work of a psychologist or school psychologist with safety to	1872
the public;	1873

(7) Subject to section 4732.28 of the Revised Code, violating	1874
any rule of professional conduct promulgated by the board;	1875

(8) Practicing in an area of psychology for which the person	1876
is clearly untrained or incompetent;	1877

(9) An adjudication by a court, as provided in section	1878
5122.301 of the Revised Code, that the person is incompetent for	1879
the purpose of holding the license. Such person may have the	1880
person's license issued or restored only upon determination by a	1881
court that the person is competent for the purpose of holding the	1882
license and upon the decision by the board that such license be	1883
issued or restored. The board may require an examination prior to	1884
such issuance or restoration.	1885

(10) Waiving the payment of all or any part of a deductible	1886
or copayment that a patient, pursuant to a health insurance or	1887
health care policy, contract, or plan that covers psychological	1888
services, would otherwise be required to pay if the waiver is used	1889
as an enticement to a patient or group of patients to receive	1890
health care services from that provider;	1891

(11) Advertising that the person will waive the payment of	1892
all or any part of a deductible or copayment that a patient,	1893
pursuant to a health insurance or health care policy, contract, or	1894
plan that covers psychological services, would otherwise be	1895
required to pay;	1896

(12) Making a false, fraudulent, deceptive, or misleading	1897
statement in the solicitation of or advertising for patients in	1898
relation to the practice of psychology or school psychology;	1899

(13) Failure to comply with the requirements of section	1900
4745.04 of the Revised Code.	1901

(B) Notwithstanding division (A)(10) and (11) of this	1902
section, sanctions shall not be imposed against any licensee who	1903
waives deductibles and copayments:	1904

(a)(1) In compliance with the health benefit plan that	1905
expressly allows such a practice. Waiver of the deductibles or	1906
copays shall be made only with the full knowledge and consent of	1907
the plan purchaser, payer, and third-party administrator. Such	1908
consent shall be made available to the board upon request.	1909

(b)(2) For professional services rendered to any other person	1910
licensed pursuant to this chapter to the extent allowed by this	1911
chapter and the rules of the board.	1912

(B)(C) Except as provided in section 4732.171 of the Revised	1913
Code, before the board may deny, suspend, or revoke a license	1914
under this section, or otherwise discipline the holder of a	1915
license, written charges shall be filed with the board by the	1916
secretary and a hearing shall be had thereon in accordance with	1917
Chapter 119. of the Revised Code.	1918

Sec. 4734.31.  (A) The state chiropractic board may take any	1919
of the actions specified in division (B) of this section against	1920
an individual who has applied for or holds a license to practice	1921
chiropractic in this state if any of the reasons specified in	1922
division (C) of this section for taking action against an	1923
individual are applicable. Except as provided in division (D) of	1924
this section, actions taken against an individual shall be taken	1925
in accordance with Chapter 119. of the Revised Code. The board may	1926
specify that any action it takes is a permanent action. The	1927
board's authority to take action against an individual is not	1928
removed or limited by the individual's failure to renew a license.	1929

(B) In its imposition of sanctions against an individual, the	1930
board may do any of the following:	1931

(1) Refuse to issue, renew, restore, or reinstate a license	1932
to practice chiropractic or a certificate to practice acupuncture;	1933

(2) Reprimand or censure a license holder;

1934

(3) Place limits, restrictions, or probationary conditions on	1935
a license holder's practice;	1936

(4) Impose a civil fine of not more than five thousand	1937
dollars according to a schedule of fines specified in rules that	1938
the board shall adopt in accordance with Chapter 119. of the	1939
Revised Code.	1940

(5) Suspend a license to practice chiropractic or a	1941
certificate to practice acupuncture for a limited or indefinite	1942
period;	1943

(6) Revoke a license to practice chiropractic or a	1944
certificate to practice acupuncture.	1945

(C) The board may take the actions specified in division (B)	1946
of this section for any of the following reasons:	1947

(1) A plea of guilty to, a judicial finding of guilt of, or a	1948
judicial finding of eligibility for intervention in lieu of	1949
conviction for, a felony in any jurisdiction, in which case a	1950
certified copy of the court record shall be conclusive evidence of	1951
the conviction;	1952

(2) Commission of an act that constitutes a felony in this	1953
state, regardless of the jurisdiction in which the act was	1954
committed;	1955

(3) A plea of guilty to, a judicial finding of guilt of, or a	1956
judicial finding of eligibility for intervention in lieu of	1957
conviction for, a misdemeanor involving moral turpitude, as	1958
determined by the board, in which case a certified copy of the	1959
court record shall be conclusive evidence of the matter;	1960

(4) Commission of an act involving moral turpitude that	1961
constitutes a misdemeanor in this state, regardless of the	1962
jurisdiction in which the act was committed;	1963

(5) A plea of guilty to, a judicial finding of guilt of, or a	1964
judicial finding of eligibility for intervention in lieu of	1965
conviction for, a misdemeanor committed in the course of practice,	1966
in which case a certified copy of the court record shall be	1967
conclusive evidence of the matter;	1968

(6) Commission of an act in the course of practice that	1969
constitutes a misdemeanor in this state, regardless of the	1970
jurisdiction in which the act was committed;	1971

(7) A violation or attempted violation of this chapter or the	1972
rules adopted under it governing the practice of chiropractic and	1973
the practice of acupuncture by a chiropractor licensed under this	1974
chapter;	1975

(8) Failure to cooperate in an investigation conducted by the	1976
board, including failure to comply with a subpoena or order issued	1977
by the board or failure to answer truthfully a question presented	1978
by the board at a deposition or in written interrogatories, except	1979
that failure to cooperate with an investigation shall not	1980
constitute grounds for discipline under this section if the board	1981
or a court of competent jurisdiction has issued an order that	1982
either quashes a subpoena or permits the individual to withhold	1983
the testimony or evidence in issue;	1984

(9) Engaging in an ongoing professional relationship with a	1985
person or entity that violates any provision of this chapter or	1986
the rules adopted under it, unless the chiropractor makes a good	1987
faith effort to have the person or entity comply with the	1988
provisions;	1989

(10) Retaliating against a chiropractor for the	1990
chiropractor's reporting to the board or any other agency with	1991
jurisdiction any violation of the law or for cooperating with the	1992
board of another agency in the investigation of any violation of	1993
the law;	1994

(11) Aiding, abetting, assisting, counseling, or conspiring	1995
with any person in that person's violation of any provision of	1996
this chapter or the rules adopted under it, including the practice	1997
of chiropractic without a license, the practice of acupuncture	1998
without a certificate, or aiding, abetting, assisting, counseling,	1999
or conspiring with any person in that person's unlicensed practice	2000
of any other health care profession that has licensing	2001
requirements;	2002

(12) With respect to a report or record that is made, filed,	2003
or signed in connection with the practice of chiropractic or	2004
acupuncture, knowingly making or filing a report or record that is	2005
false, intentionally or negligently failing to file a report or	2006
record required by federal, state, or local law or willfully	2007
impeding or obstructing the required filing, or inducing another	2008
person to engage in any such acts;	2009

(13) Making a false, fraudulent, or deceitful statement to	2010
the board or any agent of the board during any investigation or	2011
other official proceeding conducted by the board under this	2012
chapter or in any filing that must be submitted to the board;	2013

(14) Attempting to secure a license to practice chiropractic	2014
or certificate to practice acupuncture or to corrupt the outcome	2015
of an official board proceeding through bribery or any other	2016
improper means;	2017

(15) Willfully obstructing or hindering the board or any	2018
agent of the board in the discharge of the board's duties;	2019

(16) Habitually using drugs or intoxicants to the extent that	2020
the person is rendered unfit for the practice of chiropractic or	2021
acupuncture;	2022

(17) Inability to practice chiropractic or acupuncture	2023
according to acceptable and prevailing standards of care by reason	2024
of chemical dependency, mental illness, or physical illness,	2025
including conditions in which physical deterioration has adversely	2026
affected the person's cognitive, motor, or perceptive skills and	2027
conditions in which a chiropractor's continued practice may pose a	2028
danger to the chiropractor or the public;	2029

(18) Any act constituting gross immorality relative to the	2030
person's practice of chiropractic or acupuncture, including acts	2031
involving sexual abuse, sexual misconduct, or sexual exploitation;	2032

(19) Exploiting a patient for personal or financial gain;

2033

(20) Failing to maintain proper, accurate, and legible	2034
records in the English language documenting each patient's care,	2035
including, as appropriate, records of the following: dates of	2036
treatment, services rendered, examinations, tests, x-ray reports,	2037
referrals, and the diagnosis or clinical impression and clinical	2038
treatment plan provided to the patient;	2039

(21) Except as otherwise required by the board or by law,	2040
disclosing patient information gained during the chiropractor's	2041
professional relationship with a patient without obtaining the	2042
patient's authorization for the disclosure;	2043

(22) Commission of willful or gross malpractice, or willful	2044
or gross neglect, in the practice of chiropractic or acupuncture;	2045

(23) Failing to perform or negligently performing an act	2046
recognized by the board as a general duty or the exercise of due	2047
care in the practice of chiropractic or acupuncture, regardless of	2048
whether injury results to a patient from the failure to perform or	2049
negligent performance of the act;	2050

(24) Engaging in any conduct or practice that impairs or may	2051
impair the ability to practice chiropractic or acupuncture safely	2052
and skillfully;	2053

(25) Practicing, or claiming to be capable of practicing,	2054
beyond the scope of the practice of chiropractic or acupuncture as	2055
established under this chapter and the rules adopted under this	2056
chapter;	2057

(26) Accepting and performing professional responsibilities	2058
as a chiropractor or chiropractor with a certificate to practice	2059
acupuncture when not qualified to perform those responsibilities,	2060
if the person knew or had reason to know that the person was not	2061
qualified to perform them;	2062

(27) Delegating any of the professional responsibilities of a	2063
chiropractor or chiropractor with a certificate to practice	2064
acupuncture to an employee or other individual when the delegating	2065
chiropractor knows or had reason to know that the employee or	2066
other individual is not qualified by training, experience, or	2067
professional licensure to perform the responsibilities;	2068

(28) Delegating any of the professional responsibilities of a	2069
chiropractor or chiropractor with a certificate to practice	2070
acupuncture to an employee or other individual in a negligent	2071
manner or failing to provide proper supervision of the employee or	2072
other individual to whom the responsibilities are delegated;	2073

(29) Failing to refer a patient to another health care	2074
practitioner for consultation or treatment when the chiropractor	2075
knows or has reason to know that the referral is in the best	2076
interest of the patient;	2077

(30) Obtaining or attempting to obtain any fee or other	2078
advantage by fraud or misrepresentation;	2079

(31) Making misleading, deceptive, false, or fraudulent	2080
representations in the practice of chiropractic or acupuncture;	2081

(32) Being guilty of false, fraudulent, deceptive, or	2082
misleading advertising or other solicitations for patients or	2083
knowingly having professional connection with any person that	2084
advertises or solicits for patients in such a manner;	2085

(33) Violation of a provision of any code of ethics	2086
established or adopted by the board under section 4734.16 of the	2087
Revised Code;	2088

(34) Failing to meet the examination requirements for receipt	2089
of a license specified under section 4734.20 of the Revised Code;	2090

(35) Actions taken for any reason, other than nonpayment of	2091
fees, by the chiropractic or acupuncture licensing authority of	2092
another state or country;	2093

(36) Failing to maintain clean and sanitary conditions at the	2094
clinic, office, or other place in which chiropractic services or	2095
acupuncture services are provided;	2096

(37) Except as provided in division (G) of this section:

2097

(a) Waiving the payment of all or any part of a deductible or	2098
copayment that a patient, pursuant to a health insurance or health	2099
care policy, contract, or plan that covers the chiropractor's	2100
services, otherwise would be required to pay if the waiver is used	2101
as an enticement to a patient or group of patients to receive	2102
health care services from that chiropractor;	2103

(b) Advertising that the chiropractor will waive the payment	2104
of all or any part of a deductible or copayment that a patient,	2105
pursuant to a health insurance or health care policy, contract, or	2106
plan that covers the chiropractor's services, otherwise would be	2107
required to pay.	2108

(38) Failure to supervise an acupuncturist in accordance with	2109
the provisions of section 4762.11 of the Revised Code that are	2110
applicable to the supervising chiropractor of an acupuncturist;	2111

(39) Failure to comply with the requirements of section	2112
4745.04 of the Revised Code.	2113

(D) The adjudication requirements of Chapter 119. of the	2114
Revised Code apply to the board when taking actions against an	2115
individual under this section, except as follows:	2116

(1) An applicant is not entitled to an adjudication for	2117
failing to meet the conditions specified under section 4734.20 of	2118
the Revised Code for receipt of a license that involve the board's	2119
examination on jurisprudence or the examinations of the national	2120
board of chiropractic examiners.	2121

(2) A person is not entitled to an adjudication if the person	2122
fails to make a timely request for a hearing, in accordance with	2123
Chapter 119. of the Revised Code.	2124

(3) In lieu of an adjudication, the board may accept the	2125
surrender of a license to practice chiropractic or certificate to	2126
practice acupuncture from a chiropractor.	2127

(4) In lieu of an adjudication, the board may enter into a	2128
consent agreement with an individual to resolve an allegation of a	2129
violation of this chapter or any rule adopted under it. A consent	2130
agreement, when ratified by the board, shall constitute the	2131
findings and order of the board with respect to the matter	2132
addressed in the agreement. If the board refuses to ratify a	2133
consent agreement, the admissions and findings contained in the	2134
consent agreement shall be of no force or effect.	2135

(E) This section does not require the board to hire, contract	2136
with, or retain the services of an expert witness when the board	2137
takes action against a chiropractor concerning compliance with	2138
acceptable and prevailing standards of care in the practice of	2139
chiropractic or acupuncture. As part of an action taken concerning	2140
compliance with acceptable and prevailing standards of care, the	2141
board may rely on the knowledge of its members for purposes of	2142
making a determination of compliance, notwithstanding any expert	2143
testimony presented by the chiropractor that contradicts the	2144
knowledge and opinions of the members of the board.	2145

(F) The sealing of conviction records by a court shall have	2146
no effect on a prior board order entered under this section or on	2147
the board's jurisdiction to take action under this section if,	2148
based on a plea of guilty, a judicial finding of guilt, or a	2149
judicial finding of eligibility for intervention in lieu of	2150
conviction, the board issued a notice of opportunity for a hearing	2151
prior to the court's order to seal the records. The board shall	2152
not be required to seal, destroy, redact, or otherwise modify its	2153
records to reflect the court's sealing of conviction records.	2154

(G) Actions shall not be taken pursuant to division (C)(37)	2155
of this section against any chiropractor who waives deductibles	2156
and copayments as follows:	2157

(1) In compliance with the health benefit plan that expressly	2158
allows a practice of that nature. Waiver of the deductibles or	2159
copayments shall be made only with the full knowledge and consent	2160
of the plan purchaser, payer, and third-party administrator.	2161
Documentation of the consent shall be made available to the board	2162
upon request.	2163

(2) For professional services rendered to any other person	2164
licensed pursuant to this chapter, to the extent allowed by this	2165
chapter and the rules of the board.	2166

Sec. 4745.04.  (A) As used in this section:

2167

(1) "Advertisement" means any communication or statement,	2168
whether printed, electronic, or oral, that names a health care	2169
professional in connection with the professional's practice,	2170
profession, or institution in which the professional is employed,	2171
volunteers, or otherwise provides health care services.	2172
"Advertisement" includes circulars, signs, newspaper or magazine	2173
publications, business cards, letterhead, patient brochures, and	2174
other oral or written communications.	2175

(2) "Health care professional" means an individual licensed	2176
to provide medical, dental, or other health-related diagnosis,	2177
care, or treatment under Chapter 4715., 4723., 4725., 4729.,	2178
4730., 4731., 4732., 4734., 4753., 4755., 4757., 4758., 4759.,	2179
4760., 4761., 4762., 4765., 4773., 4774., 4778., or 4779. of the	2180
Revised Code.	2181

(B)(1) Except as provided in division (B)(3) of this section,	2182
at all times when providing direct patient care, a health care	2183
professional shall wear an identification card, badge, or similar	2184
device that includes all of the following:	2185

(a) A recent photograph of the professional;

2186

(b) The professional's name;

2187

(c) The type of license held by the professional;

2188

(d) The expiration date of the professional's license.

2189

(2) The identification card, badge, or similar device that is	2190
worn pursuant to division (B)(1) of this section shall be of	2191
sufficient size and shall be worn in a conspicuous place so as to	2192
be visible to patients and other individuals.	2193

(3) A health care professional is not subject to division	2194
(B)(1) of this section if a safety or health risk to the health	2195
care professional or a patient would be created as a result of the	2196
professional wearing the identification card, badge, or similar	2197
device.	2198

(C)(1) Except as provided in division (C)(2) of this section,	2199
all advertisements for health care services that name a health	2200
care professional who provides direct patient care shall identify	2201
the type of license held by the professional.	2202

(2) Division (C)(1) of this section does not permit a	2203
physician assistant to advertise to provide services as a	2204
physician assistant in violation of division (H) of section	2205
4730.02 of the Revised Code.	2206

(D) Divisions (B) and (C) of this section do not apply to a	2207
health care professional who practices at a location where direct	2208
patient care is not provided.	2209

Sec. 4753.10.  In accordance with Chapter 119. of the Revised	2210
Code, the board of speech-language pathology and audiology may	2211
reprimand or place on probation a speech-language pathologist or	2212
audiologist or suspend, revoke, or refuse to issue or renew the	2213
license of a speech-language pathologist or audiologist.	2214
Disciplinary actions may be taken by the board for conduct that	2215
may result from but not necessarily be limited to:	2216

(A) Fraud, deception, or misrepresentation in obtaining or	2217
attempting to obtain a license;	2218

(B) Fraud, deception, or misrepresentation in using a	2219
license;	2220

(C) Altering a license;

2221

(D) Aiding or abetting unlicensed practice;

2222

(E) Committing fraud, deception, or misrepresentation in the	2223
practice of speech-language pathology or audiology including:	2224

(1) Making or filing a false report or record in the practice	2225
of speech-language pathology or audiology;	2226

(2) Submitting a false statement to collect a fee;

2227

(3) Obtaining a fee through fraud, deception, or	2228
misrepresentation, or accepting commissions or rebates or other	2229
forms of remuneration for referring persons to others.	2230

(F) Using or promoting or causing the use of any misleading,	2231
deceiving, improbable, or untruthful advertising matter,	2232
promotional literature, testimonial, guarantee, warranty, label,	2233
brand, insignia, or any other representation;	2234

(G) Falsely representing the use or availability of services	2235
or advice of a physician;	2236

(H) Misrepresenting the applicant, licensee, or holder by	2237
using the word "doctor" or any similar word, abbreviation, or	2238
symbol if the use is not accurate or if the degree was not	2239
obtained from an accredited institution;	2240

(I) Committing any act of dishonorable, immoral, or	2241
unprofessional conduct while engaging in the practice of	2242
speech-language pathology or audiology;	2243

(J) Engaging in illegal, incompetent, or habitually negligent	2244
practice;	2245

(K) Providing professional services while:

2246

(1) Mentally incompetent;

2247

(2) Under the influence of alcohol;

2248

(3) Using any narcotic or controlled substance or other drug	2249
that is in excess of therapeutic amounts or without valid medical	2250
indication.	2251

(L) Providing services or promoting the sale of devices,	2252
appliances, or products to a person who cannot reasonably be	2253
expected to benefit from such services, devices, appliances, or	2254
products in accordance with results obtained utilizing appropriate	2255
assessment procedures and instruments;	2256

(M) Violating this chapter or any lawful order given or rule	2257
adopted by the board;	2258

(N) Being convicted of or pleading guilty or nolo contendere	2259
to a felony or to a crime involving moral turpitude, whether or	2260
not any appeal or other proceeding is pending to have the	2261
conviction or plea set aside;	2262

(O) Being disciplined by a licensing or disciplinary	2263
authority of this or any other state or country or convicted or	2264
disciplined by a court of this or any other state or country for	2265
an act that would be grounds for disciplinary action under this	2266
section;	2267

(P) Failure to comply with the requirements of section	2268
4745.04 of the Revised Code.	2269

After revocation of a license under this section, application	2270
may be made to the board for reinstatement. The board, in	2271
accordance with an order of revocation as issued under Chapter	2272
119. of the Revised Code, may require an examination for such	2273
reinstatement.	2274

If any person has engaged in any practice which constitutes	2275
an offense under the provisions of this chapter or rules	2276
promulgated thereunder by the board, the board may apply to the	2277
court of common pleas of the county for an injunction or other	2278
appropriate order restraining such conduct, and the court may	2279
issue such order.	2280

Any person who wishes to make a complaint against any person	2281
licensed pursuant to this chapter shall submit the complaint in	2282
writing to the board within one year from the date of the action	2283
or event upon which the complaint is based. The board shall	2284
determine whether the allegations in the complaint are of a	2285
sufficiently serious nature to warrant formal disciplinary charges	2286
against the licensee pursuant to this section. If the board	2287
determines that formal disciplinary charges are warranted, it	2288
shall proceed in accordance with the procedures established in	2289
Chapter 119. of the Revised Code.	2290

Sec. 4755.11.  (A) In accordance with Chapter 119. of the	2291
Revised Code, the occupational therapy section of the Ohio	2292
occupational therapy, physical therapy, and athletic trainers	2293
board may suspend, revoke, or refuse to issue or renew an	2294
occupational therapist license, occupational therapy assistant	2295
license, occupational therapist limited permit, occupational	2296
therapy assistant limited permit, or reprimand, fine, or place a	2297
license or limited permit holder on probation, for any of the	2298
following:	2299

(1) Conviction of an offense involving moral turpitude or a	2300
felony, regardless of the state or country in which the conviction	2301
occurred;	2302

(2) Violation of any provision of sections 4755.04 to 4755.13	2303
of the Revised Code;	2304

(3) Violation of any lawful order or rule of the occupational	2305
therapy section;	2306

(4) Obtaining or attempting to obtain a license or limited	2307
permit issued by the occupational therapy section by fraud or	2308
deception, including the making of a false, fraudulent, deceptive,	2309
or misleading statements in relation to these activities;	2310

(5) Negligence, unprofessional conduct, or gross misconduct	2311
in the practice of the profession of occupational therapy;	2312

(6) Accepting commissions or rebates or other forms of	2313
remuneration for referring persons to other professionals;	2314

(7) Communicating, without authorization, information	2315
received in professional confidence;	2316

(8) Using controlled substances, habit forming drugs, or	2317
alcohol to an extent that it impairs the ability to perform the	2318
work of an occupational therapist, occupational therapy assistant,	2319
occupational therapist limited permit holder, or occupational	2320
therapy assistant limited permit holder;	2321

(9) Practicing in an area of occupational therapy for which	2322
the individual is untrained or incompetent;	2323

(10) Failing the licensing or Ohio jurisprudence examination;

2324

(11) Aiding, abetting, directing, or supervising the	2325
unlicensed practice of occupational therapy;	2326

(12) Denial, revocation, suspension, or restriction of	2327
authority to practice a health care occupation, including	2328
occupational therapy, for any reason other than a failure to	2329
renew, in Ohio or another state or jurisdiction;	2330

(13) Except as provided in division (B) of this section:

2331

(a) Waiving the payment of all or any part of a deductible or	2332
copayment that a patient, pursuant to a health insurance or health	2333
care policy, contract, or plan that covers occupational therapy,	2334
would otherwise be required to pay if the waiver is used as an	2335
enticement to a patient or group of patients to receive health	2336
care services from that provider;	2337

(b) Advertising that the individual will waive the payment of	2338
all or any part of a deductible or copayment that a patient,	2339
pursuant to a health insurance or health care policy, contract, or	2340
plan that covers occupational therapy, would otherwise be required	2341
to pay.	2342

(14) Working or representing oneself as an occupational	2343
therapist, occupational therapy assistant, occupational therapist	2344
limited permit holder, or occupational therapy assistant limited	2345
permit holder without a current and valid license or limited	2346
permit issued by the occupational therapy section;	2347

(15) Engaging in a deceptive trade practice, as defined in	2348
section 4165.02 of the Revised Code;	2349

(16) Violation of the standards of ethical conduct in the	2350
practice of occupational therapy as identified by the occupational	2351
therapy section;	2352

(17) A departure from, or the failure to conform to, minimal	2353
standards of care required of licensees or limited permit holders,	2354
whether or not actual injury to a patient is established;	2355

(18) An adjudication by a court that the applicant, licensee,	2356
or limited permit holder is incompetent for the purpose of holding	2357
a license or limited permit and has not thereafter been restored	2358
to legal capacity for that purpose;	2359

(19)(a) Except as provided in division (A)(19)(b) of this	2360
section, failure to cooperate with an investigation conducted by	2361
the occupational therapy section, including failure to comply with	2362
a subpoena or orders issued by the section or failure to answer	2363
truthfully a question presented by the section at a deposition or	2364
in written interrogatories.	2365

(b) Failure to cooperate with an investigation does not	2366
constitute grounds for discipline under this section if a court of	2367
competent jurisdiction issues an order that either quashes a	2368
subpoena or permits the individual to withhold the testimony or	2369
evidence at issue.	2370

(20) Conviction of a misdemeanor reasonably related to the	2371
practice of occupational therapy, regardless of the state or	2372
country in which the conviction occurred;	2373

(21) Inability to practice according to acceptable and	2374
prevailing standards of care because of mental or physical	2375
illness, including physical deterioration that adversely affects	2376
cognitive, motor, or perception skills;	2377

(22) Violation of conditions, limitations, or agreements	2378
placed by the occupational therapy section on a license or limited	2379
permit to practice;	2380

(23) Making a false, fraudulent, deceptive, or misleading	2381
statement in the solicitation of or advertising for patients in	2382
relation to the practice of occupational therapy;	2383

(24) Failure to complete continuing education requirements as	2384
prescribed in rules adopted by the occupational therapy section	2385
under section 4755.06 of the Revised Code;	2386

(25) Failure to comply with the requirements of section	2387
4745.04 of the Revised Code.	2388

(B) Sanctions shall not be imposed under division (A)(13) of	2389
this section against any individual who waives deductibles and	2390
copayments as follows:	2391

(1) In compliance with the health benefit plan that expressly	2392
allows such a practice. Waiver of the deductibles or copayments	2393
shall be made only with the full knowledge and consent of the plan	2394
purchaser, payer, and third-party administrator. Documentation of	2395
the consent shall be made available to the section upon request.	2396

(2) For professional services rendered to any other person	2397
licensed pursuant to sections 4755.04 to 4755.13 of the Revised	2398
Code to the extent allowed by those sections and the rules of the	2399
occupational therapy section.	2400

(C) Except as provided in division (D) of this section, the	2401
suspension or revocation of a license or limited permit under this	2402
section is not effective until either the order for suspension or	2403
revocation has been affirmed following an adjudication hearing, or	2404
the time for requesting a hearing has elapsed.	2405

When a license or limited permit is revoked under this	2406
section, application for reinstatement may not be made sooner than	2407
one year after the date of revocation. The occupational therapy	2408
section may accept or refuse an application for reinstatement and	2409
may require that the applicant pass an examination as a condition	2410
of reinstatement.	2411

When a license or limited permit holder is placed on	2412
probation under this section, the occupational therapy section's	2413
probation order shall be accompanied by a statement of the	2414
conditions under which the individual may be removed from	2415
probation and restored to unrestricted practice.	2416

(D) On receipt of a complaint that a person who holds a	2417
license or limited permit issued by the occupational therapy	2418
section has committed any of the prohibited actions listed in	2419
division (A) of this section, the section may immediately suspend	2420
the license or limited permit prior to holding a hearing in	2421
accordance with Chapter 119. of the Revised Code if it determines,	2422
based on the complaint, that the licensee or limited permit holder	2423
poses an immediate threat to the public. The section shall notify	2424
the licensee or limited permit holder of the suspension in	2425
accordance with section 119.07 of the Revised Code. If the	2426
individual whose license or limited permit is suspended fails to	2427
make a timely request for an adjudication under Chapter 119. of	2428
the Revised Code, the section shall enter a final order	2429
permanently revoking the individual's license or limited permit.	2430

(E) If any person other than a person who holds a license or	2431
limited permit issued under section 4755.08 of the Revised Code	2432
has engaged in any practice that is prohibited under sections	2433
4755.04 to 4755.13 of the Revised Code or the rules of the	2434
occupational therapy section, the section may apply to the court	2435
of common pleas of the county in which the violation occurred, for	2436
an injunction or other appropriate order restraining this conduct,	2437
and the court shall issue this order.	2438

Sec. 4755.47.  (A) In accordance with Chapter 119. of the	2439
Revised Code, the physical therapy section of the Ohio	2440
occupational therapy, physical therapy, and athletic trainers	2441
board may refuse to grant a license to an applicant for an initial	2442
or renewed license as a physical therapist or physical therapist	2443
assistant or, by an affirmative vote of not less than five	2444
members, may limit, suspend, or revoke the license of a physical	2445
therapist or physical therapist assistant or reprimand, fine, or	2446
place a license holder on probation, on any of the following	2447
grounds:	2448

(1) Habitual indulgence in the use of controlled substances,	2449
other habit-forming drugs, or alcohol to an extent that affects	2450
the individual's professional competency;	2451

(2) Conviction of a felony or a crime involving moral	2452
turpitude, regardless of the state or country in which the	2453
conviction occurred;	2454

(3) Obtaining or attempting to obtain a license issued by the	2455
physical therapy section by fraud or deception, including the	2456
making of a false, fraudulent, deceptive, or misleading statement;	2457

(4) An adjudication by a court, as provided in section	2458
5122.301 of the Revised Code, that the applicant or licensee is	2459
incompetent for the purpose of holding the license and has not	2460
thereafter been restored to legal capacity for that purpose;	2461

(5) Subject to section 4755.471 of the Revised Code,	2462
violation of the code of ethics adopted by the physical therapy	2463
section;	2464

(6) Violating or attempting to violate, directly or	2465
indirectly, or assisting in or abetting the violation of or	2466
conspiring to violate sections 4755.40 to 4755.56 of the Revised	2467
Code or any order issued or rule adopted under those sections;	2468

(7) Failure of one or both of the examinations required under	2469
section 4755.43 or 4755.431 of the Revised Code;	2470

(8) Permitting the use of one's name or license by a person,	2471
group, or corporation when the one permitting the use is not	2472
directing the treatment given;	2473

(9) Denial, revocation, suspension, or restriction of	2474
authority to practice a health care occupation, including physical	2475
therapy, for any reason other than a failure to renew, in Ohio or	2476
another state or jurisdiction;	2477

(10) Failure to maintain minimal standards of practice in the	2478
administration or handling of drugs, as defined in section 4729.01	2479
of the Revised Code, or failure to employ acceptable scientific	2480
methods in the selection of drugs, as defined in section 4729.01	2481
of the Revised Code, or other modalities for treatment;	2482

(11) Willful betrayal of a professional confidence;

2483

(12) Making a false, fraudulent, deceptive, or misleading	2484
statement in the solicitation of or advertising for patients in	2485
relation to the practice of physical therapy;	2486

(13) A departure from, or the failure to conform to, minimal	2487
standards of care required of licensees when under the same or	2488
similar circumstances, whether or not actual injury to a patient	2489
is established;	2490

(14) Obtaining, or attempting to obtain, money or anything of	2491
value by fraudulent misrepresentations in the course of practice;	2492

(15) Violation of the conditions of limitation or agreements	2493
placed by the physical therapy section on a license to practice;	2494

(16) Failure to renew a license in accordance with section	2495
4755.46 of the Revised Code;	2496

(17) Except as provided in section 4755.471 of the Revised	2497
Code, engaging in the division of fees for referral of patients or	2498
receiving anything of value in return for a specific referral of a	2499
patient to utilize a particular service or business;	2500

(18) Inability to practice according to acceptable and	2501
prevailing standards of care because of mental illness or physical	2502
illness, including physical deterioration that adversely affects	2503
cognitive, motor, or perception skills;	2504

(19) The revocation, suspension, restriction, or termination	2505
of clinical privileges by the United States department of defense	2506
or department of veterans affairs;	2507

(20) Termination or suspension from participation in the	2508
medicare or medicaid program established under Title XVIII and	2509
Title XIX, respectively, of the "Social Security Act," 49 Stat.	2510
620 (1935), 42 U.S.C. 301, as amended, for an act or acts that	2511
constitute a violation of sections 4755.40 to 4755.56 of the	2512
Revised Code;	2513

(21) Failure of a physical therapist to maintain supervision	2514
of a student, physical therapist assistant, unlicensed support	2515
personnel, other assistant personnel, or a license applicant in	2516
accordance with the requirements of sections 4755.40 to 4755.56 of	2517
the Revised Code and rules adopted under those sections;	2518

(22) Failure to complete continuing education requirements as	2519
prescribed in section 4755.51 or 4755.511 of the Revised Code or	2520
to satisfy any rules applicable to continuing education	2521
requirements that are adopted by the physical therapy section;	2522

(23) Conviction of a misdemeanor when the act that	2523
constitutes the misdemeanor occurs during the practice of physical	2524
therapy;	2525

(24)(a) Except as provided in division (A)(24)(b) of this	2526
section, failure to cooperate with an investigation conducted by	2527
the physical therapy section, including failure to comply with a	2528
subpoena or orders issued by the section or failure to answer	2529
truthfully a question presented by the section at a deposition or	2530
in written interrogatories.	2531

(b) Failure to cooperate with an investigation does not	2532
constitute grounds for discipline under this section if a court of	2533
competent jurisdiction issues an order that either quashes a	2534
subpoena or permits the individual to withhold the testimony or	2535
evidence at issue.	2536

(25) Regardless of whether the contact or verbal behavior is	2537
consensual, engaging with a patient other than the spouse of the	2538
physical therapist or physical therapist assistant, in any of the	2539
following:	2540

(a) Sexual contact, as defined in section 2907.01 of the	2541
Revised Code;	2542

(b) Verbal behavior that is sexually demeaning to the patient	2543
or may be reasonably interpreted by the patient as sexually	2544
demeaning.	2545

(26) Failure to notify the physical therapy section of a	2546
change in name, business address, or home address within thirty	2547
days after the date of change;	2548

(27) Except as provided in division (B) of this section:

2549

(a) Waiving the payment of all or any part of a deductible or	2550
copayment that a patient, pursuant to a health insurance or health	2551
care policy, contract, or plan that covers physical therapy, would	2552
otherwise be required to pay if the waiver is used as an	2553
enticement to a patient or group of patients to receive health	2554
care services from that provider;	2555

(b) Advertising that the individual will waive the payment of	2556
all or any part of a deductible or copayment that a patient,	2557
pursuant to a health insurance or health care policy, contract, or	2558
plan that covers physical therapy, would otherwise be required to	2559
pay;	2560

(28) Violation of any section of this chapter or rule adopted	2561
under it;	2562

(29) Failure to comply with the requirements of section	2563
4745.04 of the Revised Code.	2564

(B) Sanctions shall not be imposed under division (A)(27) of	2565
this section against any individual who waives deductibles and	2566
copayments as follows:	2567

(1) In compliance with the health benefit plan that expressly	2568
allows such a practice. Waiver of the deductibles or copayments	2569
shall be made only with the full knowledge and consent of the plan	2570
purchaser, payer, and third-party administrator. Documentation of	2571
the consent shall be made available to the physical therapy	2572
section upon request.	2573

(2) For professional services rendered to any other person	2574
licensed pursuant to sections 4755.40 to 4755.56 of the Revised	2575
Code to the extent allowed by those sections and the rules of the	2576
physical therapy section.	2577

(C) When a license is revoked under this section, application	2578
for reinstatement may not be made sooner than one year after the	2579
date of revocation. The physical therapy section may accept or	2580
refuse an application for reinstatement and may require that the	2581
applicant pass an examination as a condition for reinstatement.	2582

When a license holder is placed on probation under this	2583
section, the physical therapy section's order for placement on	2584
probation shall be accompanied by a statement of the conditions	2585
under which the individual may be removed from probation and	2586
restored to unrestricted practice.	2587

(D) When an application for an initial or renewed license is	2588
refused under this section, the physical therapy section shall	2589
notify the applicant in writing of the section's decision to	2590
refuse issuance of a license and the reason for its decision.	2591

(E) On receipt of a complaint that a person licensed by the	2592
physical therapy section has committed any of the actions listed	2593
in division (A) of this section, the physical therapy section may	2594
immediately suspend the license of the physical therapist or	2595
physical therapist assistant prior to holding a hearing in	2596
accordance with Chapter 119. of the Revised Code if it determines,	2597
based on the complaint, that the person poses an immediate threat	2598
to the public. The physical therapy section shall notify the	2599
person of the suspension in accordance with section 119.07 of the	2600
Revised Code. If the person fails to make a timely request for an	2601
adjudication under Chapter 119. of the Revised Code, the physical	2602
therapy section shall enter a final order permanently revoking the	2603
person's license.	2604

Sec. 4755.64.  (A) In accordance with Chapter 119. of the	2605
Revised Code, the athletic trainers section of the Ohio	2606
occupational therapy, physical therapy, and athletic trainers	2607
board may suspend, revoke, or refuse to issue or renew an athletic	2608
trainers license, or reprimand, fine, or place a licensee on	2609
probation, for any of the following:	2610

(1) Conviction of a felony or offense involving moral	2611
turpitude, regardless of the state or country in which the	2612
conviction occurred;	2613

(2) Violation of sections 4755.61 to 4755.65 of the Revised	2614
Code or any order issued or rule adopted thereunder;	2615

(3) Obtaining a license through fraud, false or misleading	2616
representation, or concealment of material facts;	2617

(4) Negligence or gross misconduct in the practice of	2618
athletic training;	2619

(5) Violating the standards of ethical conduct in the	2620
practice of athletic training as adopted by the athletic trainers	2621
section under section 4755.61 of the Revised Code;	2622

(6) Using any controlled substance or alcohol to the extent	2623
that the ability to practice athletic training at a level of	2624
competency is impaired;	2625

(7) Practicing in an area of athletic training for which the	2626
individual is untrained, incompetent, or practicing without the	2627
referral of a practitioner licensed under Chapter 4731. of the	2628
Revised Code, a dentist licensed under Chapter 4715. of the	2629
Revised Code, a chiropractor licensed under Chapter 4734. of the	2630
Revised Code, or a physical therapist licensed under this chapter;	2631

(8) Employing, directing, or supervising a person in the	2632
performance of athletic training procedures who is not authorized	2633
to practice as a licensed athletic trainer under this chapter;	2634

(9) Misrepresenting educational attainments or the functions	2635
the individual is authorized to perform for the purpose of	2636
obtaining some benefit related to the individual's athletic	2637
training practice;	2638

(10) Failing the licensing examination;

2639

(11) Aiding or abetting the unlicensed practice of athletic	2640
training;	2641

(12) Denial, revocation, suspension, or restriction of	2642
authority to practice a health care occupation, including athletic	2643
training, for any reason other than a failure to renew, in Ohio or	2644
another state or jurisdiction;	2645

(13) Making a false, fraudulent, deceptive, or misleading	2646
statement in the solicitation of or advertising for patients in	2647
relation to the practice of athletic training;	2648

(14) Failure to comply with the requirements of section	2649
4745.04 of the Revised Code.	2650

(B) If the athletic trainers section places a licensee on	2651
probation under division (A) of this section, the section's order	2652
for placement on probation shall be accompanied by a written	2653
statement of the conditions under which the person may be removed	2654
from probation and restored to unrestricted practice.	2655

(C) A licensee whose license has been revoked under division	2656
(A) of this section may apply to the athletic trainers section for	2657
reinstatement of the license one year following the date of	2658
revocation. The athletic trainers section may accept or deny the	2659
application for reinstatement and may require that the applicant	2660
pass an examination as a condition for reinstatement.	2661

(D) On receipt of a complaint that a person licensed by the	2662
athletic trainers section has committed any of the prohibited	2663
actions listed in division (A) of this section, the section may	2664
immediately suspend the license of a licensed athletic trainer	2665
prior to holding a hearing in accordance with Chapter 119. of the	2666
Revised Code if it determines, based on the complaint, that the	2667
licensee poses an immediate threat to the public. The section	2668
shall notify the licensed athletic trainer of the suspension in	2669
accordance with section 119.07 of the Revised Code. If the	2670
individual whose license is suspended fails to make a timely	2671
request for an adjudication under Chapter 119. of the Revised	2672
Code, the section shall enter a final order permanently revoking	2673
the individual's license.	2674

Sec. 4757.36.  (A) The appropriate professional standards	2675
committee of the counselor, social worker, and marriage and family	2676
therapist board may, in accordance with Chapter 119. of the	2677
Revised Code, take any action specified in division (B) of this	2678
section against an individual who has applied for or holds a	2679
license to practice as a professional clinical counselor,	2680
professional counselor, independent marriage and family therapist,	2681
marriage and family therapist, social worker, or independent	2682
social worker, or a certificate of registration to practice as a	2683
social work assistant, for any reason described in division (C) of	2684
this section.	2685

(B) In its imposition of sanctions against an individual, the	2686
board may do any of the following:	2687

(1) Refuse to issue or refuse to renew a license or	2688
certificate of registration;	2689

(2) Suspend, revoke, or otherwise restrict a license or	2690
certificate of registration;	2691

(3) Reprimand an individual holding a license or certificate	2692
of registration;	2693

(4) Impose a fine in accordance with the graduated system of	2694
fines established by the board in rules adopted under section	2695
4757.10 of the Revised Code.	2696

(C) The appropriate professional standards committee of the	2697
board may take an action specified in division (B) of this section	2698
for any of the following reasons:	2699

(1) Commission of an act that violates any provision of this	2700
chapter or rules adopted under it;	2701

(2) Knowingly making a false statement on an application for	2702
licensure or registration, or for renewal of a license or	2703
certificate of registration;	2704

(3) Accepting a commission or rebate for referring persons to	2705
any professionals licensed, certified, or registered by any court	2706
or board, commission, department, division, or other agency of the	2707
state, including, but not limited to, individuals practicing	2708
counseling, social work, or marriage and family therapy or	2709
practicing in fields related to counseling, social work, or	2710
marriage and family therapy;	2711

(4) A failure to comply with section 4757.12 of the Revised	2712
Code;	2713

(5) A conviction in this or any other state of a crime that	2714
is a felony in this state;	2715

(6) A failure to perform properly as a professional clinical	2716
counselor, professional counselor, independent marriage and family	2717
therapist, marriage and family therapist, social work assistant,	2718
social worker, or independent social worker due to the use of	2719
alcohol or other drugs or any other physical or mental condition;	2720

(7) A conviction in this state or in any other state of a	2721
misdemeanor committed in the course of practice as a professional	2722
clinical counselor, professional counselor, independent marriage	2723
and family therapist, marriage and family therapist, social work	2724
assistant, social worker, or independent social worker;	2725

(8) Practicing outside the scope of practice applicable to	2726
that person;	2727

(9) Practicing in violation of the supervision requirements	2728
specified under sections 4757.21 and 4757.26, and division (E) of	2729
section 4757.30, of the Revised Code;	2730

(10) A violation of the person's code of ethical practice	2731
adopted by rule of the board pursuant to section 4757.11 of the	2732
Revised Code;	2733

(11) Revocation or suspension of a license or certificate of	2734
registration, or the voluntary surrender of a license or	2735
certificate of registration in another state or jurisdiction for	2736
an offense that would be a violation of this chapter;	2737

(12) Making a false, fraudulent, deceptive, or misleading	2738
statement in the solicitation of or advertising for patients in	2739
relation to the practice of a professional clinical counselor,	2740
professional counselor, independent marriage and family therapist,	2741
marriage and family therapist, social work assistant, social	2742
worker, or independent social worker;	2743

(13) Failure to comply with the requirements of section	2744
4745.04 of the Revised Code.	2745

(D) One year or more after the date of suspension or	2746
revocation of a license or certificate of registration under this	2747
section, application may be made to the appropriate professional	2748
standards committee for reinstatement. The committee may accept or	2749
refuse an application for reinstatement. If a license has been	2750
suspended or revoked, the committee may require an examination for	2751
reinstatement.	2752

(E) On request of the board, the attorney general shall bring	2753
and prosecute to judgment a civil action to collect any fine	2754
imposed under division (B)(4) of this section that remains unpaid.	2755

(F) All fines collected under division (B)(4) of this section	2756
shall be deposited into the state treasury to the credit of the	2757
occupational licensing and regulatory fund.	2758

Sec. 4758.30. (A) The chemical dependency professionals	2759
board, in accordance with Chapter 119. of the Revised Code, may	2760
refuse to issue a license or certificate applied for under this	2761
chapter; refuse to renew a license or certificate issued under	2762
this chapter; suspend, revoke, or otherwise restrict a license or	2763
certificate issued under this chapter; or reprimand an individual	2764
holding a license or certificate issued under this chapter. These	2765
actions may be taken by the board regarding the applicant for a	2766
license or certificate or the individual holding a license or	2767
certificate for one or more of the following reasons:	2768

(1) Violation of any provision of this chapter or rules	2769
adopted under it;	2770

(2) Knowingly making a false statement on an application for	2771
a license or certificate or for renewal, restoration, or	2772
reinstatement of a license or certificate;	2773

(3) Acceptance of a commission or rebate for referring an	2774
individual to a person who holds a license or certificate issued	2775
by, or who is registered with, an entity of state government,	2776
including persons practicing chemical dependency counseling,	2777
alcohol and other drug prevention services, or fields related to	2778
chemical dependency counseling or alcohol and other drug	2779
prevention services;	2780

(4) Conviction in this or any other state of any crime that	2781
is a felony in this state;	2782

(5) Conviction in this or any other state of a misdemeanor	2783
committed in the course of practice as an independent chemical	2784
dependency counselor, chemical dependency counselor III, chemical	2785
dependency counselor II, chemical dependency counselor I, chemical	2786
dependency counselor assistant, prevention specialist II,	2787
prevention specialist I, or registered applicant;	2788

(6) Inability to practice as an independent chemical	2789
dependency counselor, chemical dependency counselor III, chemical	2790
dependency counselor II, chemical dependency counselor I, chemical	2791
dependency counselor assistant, prevention specialist II,	2792
prevention specialist I, or registered applicant due to abuse of	2793
or dependency on alcohol or other drugs or other physical or	2794
mental condition;	2795

(7) Practicing outside the individual's scope of practice;

2796

(8) Practicing without complying with the supervision	2797
requirements specified under section 4758.56, 4758.59, or 4758.61	2798
of the Revised Code;	2799

(9) Violation of the code of ethical practice and	2800
professional conduct for chemical dependency counseling or alcohol	2801
and other drug prevention services adopted by the board pursuant	2802
to section 4758.23 of the Revised Code;	2803

(10) Revocation of a license or certificate or voluntary	2804
surrender of a license or certificate in another state or	2805
jurisdiction for an offense that would be a violation of this	2806
chapter;	2807

(11) Making a false, fraudulent, deceptive, or misleading	2808
statement in the solicitation of or advertising for patients in	2809
relation to the practice of an independent chemical dependency	2810
counselor, chemical dependency counselor III, chemical dependency	2811
counselor II, chemical dependency counselor I, chemical dependency	2812
counselor assistant, prevention specialist II, prevention	2813
specialist I, or registered applicant;	2814

(12) Failure to comply with the requirements of section	2815
4745.04 of the Revised Code.	2816

(B) An individual whose license or certificate has been	2817
suspended or revoked under this section may apply to the board for	2818
reinstatement after an amount of time the board shall determine in	2819
accordance with rules adopted under section 4758.20 of the Revised	2820
Code. The board may accept or refuse an application for	2821
reinstatement. The board may require an examination for	2822
reinstatement of a license or certificate that has been suspended	2823
or revoked.	2824

Sec. 4759.07.  (A) The Ohio board of dietetics may, in	2825
accordance with Chapter 119. of the Revised Code, refuse to issue,	2826
review, or renew, or may suspend, revoke, or impose probationary	2827
conditions upon any license or permit to practice dietetics, if	2828
the applicant has:	2829

(1) Violated sections 4759.02 to 4759.10 of the Revised Code	2830
or rules adopted under those sections;	2831

(2) Knowingly made a false statement in hisan application	2832
for licensure or license renewal;	2833

(3) Been convicted of any crime constituting a felony in this	2834
or any other state;	2835

(4) Been impaired in his ability to perform as a licensed	2836
dietitian due to the use of a controlled substance or alcoholic	2837
beverage;	2838

(5) Been convicted of a misdemeanor committed in the course	2839
of his work as a dietitian in this or any other state;	2840

(6) A record of incompetent or negligent conduct in histhe	2841
practice of dietetics;	2842

(7) Making a false, fraudulent, deceptive, or misleading	2843
statement in the solicitation of or advertising for patients in	2844
relation to the practice of dietetics;	2845

(8) Failure to comply with the requirements of section	2846
4745.04 of the Revised Code.	2847

(B) One year or more after the date of suspension or	2848
revocation of a license or permit, an application for	2849
reinstatement of the license or permit may be made to the board.	2850
The board shall grant or deny reinstatement with a hearing, at the	2851
request of the applicant, in accordance with Chapter 119. of the	2852
Revised Code and may impose conditions upon the reinstatement,	2853
including the requirement of passing an examination approved by	2854
the board.	2855

Sec. 4760.13.  (A) The state medical board, by an affirmative	2856
vote of not fewer than six members, may revoke or may refuse to	2857
grant a certificate of registration as an anesthesiologist	2858
assistant to a person found by the board to have committed fraud,	2859
misrepresentation, or deception in applying for or securing the	2860
certificate.	2861

(B) The board, by an affirmative vote of not fewer than six	2862
members, shall, to the extent permitted by law, limit, revoke, or	2863
suspend an individual's certificate of registration as an	2864
anesthesiologist assistant, refuse to issue a certificate to an	2865
applicant, refuse to reinstate a certificate, or reprimand or	2866
place on probation the holder of a certificate for any of the	2867
following reasons:	2868

(1) Permitting the holder's name or certificate to be used by	2869
another person;	2870

(2) Failure to comply with the requirements of this chapter,	2871
Chapter 4731. of the Revised Code, or any rules adopted by the	2872
board;	2873

(3) Violating or attempting to violate, directly or	2874
indirectly, or assisting in or abetting the violation of, or	2875
conspiring to violate, any provision of this chapter, Chapter	2876
4731. of the Revised Code, or the rules adopted by the board;	2877

(4) A departure from, or failure to conform to, minimal	2878
standards of care of similar practitioners under the same or	2879
similar circumstances whether or not actual injury to the patient	2880
is established;	2881

(5) Inability to practice according to acceptable and	2882
prevailing standards of care by reason of mental illness or	2883
physical illness, including physical deterioration that adversely	2884
affects cognitive, motor, or perceptive skills;	2885

(6) Impairment of ability to practice according to acceptable	2886
and prevailing standards of care because of habitual or excessive	2887
use or abuse of drugs, alcohol, or other substances that impair	2888
ability to practice;	2889

(7) Willfully betraying a professional confidence;

2890

(8) Making a false, fraudulent, deceptive, or misleading	2891
statement in soliciting or advertising for patients or in securing	2892
or attempting to secure a certificate of registration to practice	2893
as an anesthesiologist assistant.	2894

As used in this division, "false, fraudulent, deceptive, or	2895
misleading statement" means a statement that includes a	2896
misrepresentation of fact, is likely to mislead or deceive because	2897
of a failure to disclose material facts, is intended or is likely	2898
to create false or unjustified expectations of favorable results,	2899
or includes representations or implications that in reasonable	2900
probability will cause an ordinarily prudent person to	2901
misunderstand or be deceived.	2902

(9) The obtaining of, or attempting to obtain, money or a	2903
thing of value by fraudulent misrepresentations in the course of	2904
practice;	2905

(10) A plea of guilty to, a judicial finding of guilt of, or	2906
a judicial finding of eligibility for intervention in lieu of	2907
conviction for, a felony;	2908

(11) Commission of an act that constitutes a felony in this	2909
state, regardless of the jurisdiction in which the act was	2910
committed;	2911

(12) A plea of guilty to, a judicial finding of guilt of, or	2912
a judicial finding of eligibility for intervention in lieu of	2913
conviction for, a misdemeanor committed in the course of practice;	2914

(13) A plea of guilty to, a judicial finding of guilt of, or	2915
a judicial finding of eligibility for intervention in lieu of	2916
conviction for, a misdemeanor involving moral turpitude;	2917

(14) Commission of an act in the course of practice that	2918
constitutes a misdemeanor in this state, regardless of the	2919
jurisdiction in which the act was committed;	2920

(15) Commission of an act involving moral turpitude that	2921
constitutes a misdemeanor in this state, regardless of the	2922
jurisdiction in which the act was committed;	2923

(16) A plea of guilty to, a judicial finding of guilt of, or	2924
a judicial finding of eligibility for intervention in lieu of	2925
conviction for violating any state or federal law regulating the	2926
possession, distribution, or use of any drug, including	2927
trafficking in drugs;	2928

(17) Any of the following actions taken by the state agency	2929
responsible for regulating the practice of anesthesiologist	2930
assistants in another jurisdiction, for any reason other than the	2931
nonpayment of fees: the limitation, revocation, or suspension of	2932
an individual's license to practice; acceptance of an individual's	2933
license surrender; denial of a license; refusal to renew or	2934
reinstate a license; imposition of probation; or issuance of an	2935
order of censure or other reprimand;	2936

(18) Violation of the conditions placed by the board on a	2937
certificate of registration;	2938

(19) Failure to use universal blood and body fluid	2939
precautions established by rules adopted under section 4731.051 of	2940
the Revised Code;	2941

(20) Failure to cooperate in an investigation conducted by	2942
the board under section 4760.14 of the Revised Code, including	2943
failure to comply with a subpoena or order issued by the board or	2944
failure to answer truthfully a question presented by the board at	2945
a deposition or in written interrogatories, except that failure to	2946
cooperate with an investigation shall not constitute grounds for	2947
discipline under this section if a court of competent jurisdiction	2948
has issued an order that either quashes a subpoena or permits the	2949
individual to withhold the testimony or evidence in issue;	2950

(21) Failure to comply with any code of ethics established by	2951
the national commission for the certification of anesthesiologist	2952
assistants;	2953

(22) Failure to notify the state medical board of the	2954
revocation or failure to maintain certification from the national	2955
commission for certification of anesthesiologist assistants;	2956

(23) Failure to comply with the requirements of section	2957
4745.04 of the Revised Code.	2958

(C) Disciplinary actions taken by the board under divisions	2959
(A) and (B) of this section shall be taken pursuant to an	2960
adjudication under Chapter 119. of the Revised Code, except that	2961
in lieu of an adjudication, the board may enter into a consent	2962
agreement with an anesthesiologist assistant or applicant to	2963
resolve an allegation of a violation of this chapter or any rule	2964
adopted under it. A consent agreement, when ratified by an	2965
affirmative vote of not fewer than six members of the board, shall	2966
constitute the findings and order of the board with respect to the	2967
matter addressed in the agreement. If the board refuses to ratify	2968
a consent agreement, the admissions and findings contained in the	2969
consent agreement shall be of no force or effect.	2970

(D) For purposes of divisions (B)(11), (14), and (15) of this	2971
section, the commission of the act may be established by a finding	2972
by the board, pursuant to an adjudication under Chapter 119. of	2973
the Revised Code, that the applicant or certificate holder	2974
committed the act in question. The board shall have no	2975
jurisdiction under these divisions in cases where the trial court	2976
renders a final judgment in the certificate holder's favor and	2977
that judgment is based upon an adjudication on the merits. The	2978
board shall have jurisdiction under these divisions in cases where	2979
the trial court issues an order of dismissal on technical or	2980
procedural grounds.	2981

(E) The sealing of conviction records by any court shall have	2982
no effect on a prior board order entered under the provisions of	2983
this section or on the board's jurisdiction to take action under	2984
the provisions of this section if, based upon a plea of guilty, a	2985
judicial finding of guilt, or a judicial finding of eligibility	2986
for intervention in lieu of conviction, the board issued a notice	2987
of opportunity for a hearing prior to the court's order to seal	2988
the records. The board shall not be required to seal, destroy,	2989
redact, or otherwise modify its records to reflect the court's	2990
sealing of conviction records.	2991

(F) For purposes of this division, any individual who holds a	2992
certificate of registration issued under this chapter, or applies	2993
for a certificate of registration, shall be deemed to have given	2994
consent to submit to a mental or physical examination when	2995
directed to do so in writing by the board and to have waived all	2996
objections to the admissibility of testimony or examination	2997
reports that constitute a privileged communication.	2998

(1) In enforcing division (B)(5) of this section, the board,	2999
on a showing of a possible violation, may compel any individual	3000
who holds a certificate of registration issued under this chapter	3001
or who has applied for a certificate of registration pursuant to	3002
this chapter to submit to a mental or physical examination, or	3003
both. A physical examination may include an HIV test. The expense	3004
of the examination is the responsibility of the individual	3005
compelled to be examined. Failure to submit to a mental or	3006
physical examination or consent to an HIV test ordered by the	3007
board constitutes an admission of the allegations against the	3008
individual unless the failure is due to circumstances beyond the	3009
individual's control, and a default and final order may be entered	3010
without the taking of testimony or presentation of evidence. If	3011
the board finds an anesthesiologist assistant unable to practice	3012
because of the reasons set forth in division (B)(5) of this	3013
section, the board shall require the anesthesiologist assistant to	3014
submit to care, counseling, or treatment by physicians approved or	3015
designated by the board, as a condition for an initial, continued,	3016
reinstated, or renewed certificate of registration. An individual	3017
affected by this division shall be afforded an opportunity to	3018
demonstrate to the board the ability to resume practicing in	3019
compliance with acceptable and prevailing standards of care.	3020

(2) For purposes of division (B)(6) of this section, if the	3021
board has reason to believe that any individual who holds a	3022
certificate of registration issued under this chapter or any	3023
applicant for a certificate of registration suffers such	3024
impairment, the board may compel the individual to submit to a	3025
mental or physical examination, or both. The expense of the	3026
examination is the responsibility of the individual compelled to	3027
be examined. Any mental or physical examination required under	3028
this division shall be undertaken by a treatment provider or	3029
physician qualified to conduct such examination and chosen by the	3030
board.	3031

Failure to submit to a mental or physical examination ordered	3032
by the board constitutes an admission of the allegations against	3033
the individual unless the failure is due to circumstances beyond	3034
the individual's control, and a default and final order may be	3035
entered without the taking of testimony or presentation of	3036
evidence. If the board determines that the individual's ability to	3037
practice is impaired, the board shall suspend the individual's	3038
certificate or deny the individual's application and shall require	3039
the individual, as a condition for an initial, continued,	3040
reinstated, or renewed certificate of registration, to submit to	3041
treatment.	3042

Before being eligible to apply for reinstatement of a	3043
certificate suspended under this division, the anesthesiologist	3044
assistant shall demonstrate to the board the ability to resume	3045
practice in compliance with acceptable and prevailing standards of	3046
care. The demonstration shall include the following:	3047

(a) Certification from a treatment provider approved under	3048
section 4731.25 of the Revised Code that the individual has	3049
successfully completed any required inpatient treatment;	3050

(b) Evidence of continuing full compliance with an aftercare	3051
contract or consent agreement;	3052

(c) Two written reports indicating that the individual's	3053
ability to practice has been assessed and that the individual has	3054
been found capable of practicing according to acceptable and	3055
prevailing standards of care. The reports shall be made by	3056
individuals or providers approved by the board for making such	3057
assessments and shall describe the basis for their determination.	3058

The board may reinstate a certificate suspended under this	3059
division after such demonstration and after the individual has	3060
entered into a written consent agreement.	3061

When the impaired anesthesiologist assistant resumes	3062
practice, the board shall require continued monitoring of the	3063
anesthesiologist assistant. The monitoring shall include	3064
monitoring of compliance with the written consent agreement	3065
entered into before reinstatement or with conditions imposed by	3066
board order after a hearing, and, on termination of the consent	3067
agreement, submission to the board for at least two years of	3068
annual written progress reports made under penalty of	3069
falsification stating whether the anesthesiologist assistant has	3070
maintained sobriety.	3071

(G) If the secretary and supervising member determine that	3072
there is clear and convincing evidence that an anesthesiologist	3073
assistant has violated division (B) of this section and that the	3074
individual's continued practice presents a danger of immediate and	3075
serious harm to the public, they may recommend that the board	3076
suspend the individual's certificate or registration without a	3077
prior hearing. Written allegations shall be prepared for	3078
consideration by the board.	3079

The board, on review of the allegations and by an affirmative	3080
vote of not fewer than six of its members, excluding the secretary	3081
and supervising member, may suspend a certificate without a prior	3082
hearing. A telephone conference call may be utilized for reviewing	3083
the allegations and taking the vote on the summary suspension.	3084

The board shall issue a written order of suspension by	3085
certified mail or in person in accordance with section 119.07 of	3086
the Revised Code. The order shall not be subject to suspension by	3087
the court during pendency of any appeal filed under section 119.12	3088
of the Revised Code. If the anesthesiologist assistant requests an	3089
adjudicatory hearing by the board, the date set for the hearing	3090
shall be within fifteen days, but not earlier than seven days,	3091
after the anesthesiologist assistant requests the hearing, unless	3092
otherwise agreed to by both the board and the certificate holder.	3093

A summary suspension imposed under this division shall remain	3094
in effect, unless reversed on appeal, until a final adjudicative	3095
order issued by the board pursuant to this section and Chapter	3096
119. of the Revised Code becomes effective. The board shall issue	3097
its final adjudicative order within sixty days after completion of	3098
its hearing. Failure to issue the order within sixty days shall	3099
result in dissolution of the summary suspension order, but shall	3100
not invalidate any subsequent, final adjudicative order.	3101

(H) If the board takes action under division (B)(11), (13),	3102
or (14) of this section, and the judicial finding of guilt, guilty	3103
plea, or judicial finding of eligibility for intervention in lieu	3104
of conviction is overturned on appeal, on exhaustion of the	3105
criminal appeal, a petition for reconsideration of the order may	3106
be filed with the board along with appropriate court documents. On	3107
receipt of a petition and supporting court documents, the board	3108
shall reinstate the certificate of registration. The board may	3109
then hold an adjudication under Chapter 119. of the Revised Code	3110
to determine whether the individual committed the act in question.	3111
Notice of opportunity for hearing shall be given in accordance	3112
with Chapter 119. of the Revised Code. If the board finds,	3113
pursuant to an adjudication held under this division, that the	3114
individual committed the act, or if no hearing is requested, it	3115
may order any of the sanctions specified in division (B) of this	3116
section.	3117

(I) The certificate of registration of an anesthesiologist	3118
assistant and the assistant's practice in this state are	3119
automatically suspended as of the date the anesthesiologist	3120
assistant pleads guilty to, is found by a judge or jury to be	3121
guilty of, or is subject to a judicial finding of eligibility for	3122
intervention in lieu of conviction in this state or treatment of	3123
intervention in lieu of conviction in another jurisdiction for any	3124
of the following criminal offenses in this state or a	3125
substantially equivalent criminal offense in another jurisdiction:	3126
aggravated murder, murder, voluntary manslaughter, felonious	3127
assault, kidnapping, rape, sexual battery, gross sexual	3128
imposition, aggravated arson, aggravated robbery, or aggravated	3129
burglary. Continued practice after the suspension shall be	3130
considered practicing without a certificate.	3131

The board shall notify the individual subject to the	3132
suspension by certified mail or in person in accordance with	3133
section 119.07 of the Revised Code. If an individual whose	3134
certificate is suspended under this division fails to make a	3135
timely request for an adjudication under Chapter 119. of the	3136
Revised Code, the board shall enter a final order permanently	3137
revoking the individual's certificate of registration.	3138

(J) In any instance in which the board is required by Chapter	3139
119. of the Revised Code to give notice of opportunity for hearing	3140
and the individual subject to the notice does not timely request a	3141
hearing in accordance with section 119.07 of the Revised Code, the	3142
board is not required to hold a hearing, but may adopt, by an	3143
affirmative vote of not fewer than six of its members, a final	3144
order that contains the board's findings. In the final order, the	3145
board may order any of the sanctions identified under division (A)	3146
or (B) of this section.	3147

(K) Any action taken by the board under division (B) of this	3148
section resulting in a suspension shall be accompanied by a	3149
written statement of the conditions under which the	3150
anesthesiologist assistant's certificate may be reinstated. The	3151
board shall adopt rules in accordance with Chapter 119. of the	3152
Revised Code governing conditions to be imposed for reinstatement.	3153
Reinstatement of a certificate suspended pursuant to division (B)	3154
of this section requires an affirmative vote of not fewer than six	3155
members of the board.	3156

(L) When the board refuses to grant a certificate of	3157
registration as an anesthesiologist assistant to an applicant,	3158
revokes an individual's certificate of registration, refuses to	3159
renew a certificate of registration, or refuses to reinstate an	3160
individual's certificate of registration, the board may specify	3161
that its action is permanent. An individual subject to a permanent	3162
action taken by the board is forever thereafter ineligible to hold	3163
a certificate of registration as an anesthesiologist assistant and	3164
the board shall not accept an application for reinstatement of the	3165
certificate or for issuance of a new certificate.	3166

(M) Notwithstanding any other provision of the Revised Code,	3167
all of the following apply:	3168

(1) The surrender of a certificate of registration issued	3169
under this chapter is not effective unless or until accepted by	3170
the board. Reinstatement of a certificate surrendered to the board	3171
requires an affirmative vote of not fewer than six members of the	3172
board.	3173

(2) An application made under this chapter for a certificate	3174
of registration may not be withdrawn without approval of the	3175
board.	3176

(3) Failure by an individual to renew a certificate of	3177
registration in accordance with section 4760.06 of the Revised	3178
Code shall not remove or limit the board's jurisdiction to take	3179
disciplinary action under this section against the individual.	3180

Sec. 4761.09.  (A) The Ohio respiratory care board may refuse	3181
to issue or renew a license or a limited permit, may issue a	3182
reprimand, may suspend or permanently revoke a license or limited	3183
permit, or may place a license or limited permit holder on	3184
probation, on any of the following grounds:	3185

(1) A plea of guilty to, a judicial finding of guilt of, or a	3186
judicial finding of eligibility for intervention in lieu of	3187
conviction for an offense involving moral turpitude or of a	3188
felony, in which case a certified copy of the court record shall	3189
be conclusive evidence of the matter;	3190

(2) Violating any provision of this chapter or an order or	3191
rule of the board;	3192

(3) Assisting another person in that person's violation of	3193
any provision of this chapter or an order or rule of the board;	3194

(4) Obtaining a license or limited permit by means of fraud,	3195
false or misleading representation, or concealment of material	3196
facts or making any other material misrepresentation to the board;	3197

(5) Being guilty of negligence or gross misconduct in the	3198
practice of respiratory care;	3199

(6) Violating the standards of ethical conduct adopted by the	3200
board, in the practice of respiratory care;	3201

(7) Engaging in dishonorable, unethical, or unprofessional	3202
conduct of a character likely to deceive, defraud, or harm the	3203
public;	3204

(8) Using any dangerous drug, as defined in section 4729.01	3205
of the Revised Code, or alcohol to the extent that the use impairs	3206
the ability to practice respiratory care at an acceptable level of	3207
competency;	3208

(9) Practicing respiratory care while mentally incompetent;

3209

(10) Accepting commissions, rebates, or other forms of	3210
remuneration for patient referrals;	3211

(11) Practicing in an area of respiratory care for which the	3212
person is clearly untrained or incompetent or practicing in a	3213
manner that conflicts with section 4761.17 of the Revised Code;	3214

(12) Employing, directing, or supervising a person who is not	3215
authorized to practice respiratory care under this chapter in the	3216
performance of respiratory care procedures;	3217

(13) Misrepresenting educational attainments or authorized	3218
functions for the purpose of obtaining some benefit related to the	3219
practice of respiratory care;	3220

(14) Assisting suicide as defined in section 3795.01 of the	3221
Revised Code;	3222

(15) Making a false, fraudulent, deceptive, or misleading	3223
statement in the solicitation of or advertising for patients in	3224
relation to the practice of respiratory care;	3225

(16) Failure to comply with the requirements of section	3226
4745.04 of the Revised Code.	3227

Before the board may take any action under this section,	3228
other than issuance of a summary suspension order under division	3229
(C) of this section, the executive director of the board shall	3230
prepare and file written charges with the board. Disciplinary	3231
actions taken by the board under this section shall be taken	3232
pursuant to an adjudication under Chapter 119. of the Revised	3233
Code, except that in lieu of an adjudication, the board may enter	3234
into a consent agreement to resolve an allegation of a violation	3235
of this chapter or any rule adopted under it. A consent agreement,	3236
when ratified by the board, shall constitute the findings and	3237
order of the board with respect to the matter addressed in the	3238
agreement. If the board refuses to ratify a consent agreement, the	3239
admissions and findings contained in the consent agreement shall	3240
be of no effect.	3241

(B) If the board orders a license or limited permit holder	3242
placed on probation, the order shall be accompanied by a written	3243
statement of the conditions under which the person may be restored	3244
to practice.	3245

The person may reapply to the board for original issuance of	3246
a license after one year following the date the license was	3247
denied.	3248

A person may apply to the board for the reinstatement of a	3249
license or limited permit after one year following the date of	3250
suspension or refusal to renew. The board may accept or refuse the	3251
application for reinstatement and may require that the applicant	3252
pass a reexamination as a condition of eligibility for	3253
reinstatement.	3254

(C) If the president and secretary of the board determine	3255
that there is clear and convincing evidence that a license or	3256
limited permit holder has committed an act that is grounds for	3257
board action under division (A) of this section and that continued	3258
practice by the license or permit holder presents a danger of	3259
immediate and serious harm to the public, the president and	3260
secretary may recommend that the board suspend the license or	3261
limited permit without a prior hearing. The president and	3262
secretary shall submit in writing to the board the allegations	3263
causing them to recommend the suspension.	3264

On review of the allegations, the board, by a vote of not	3265
less than seven of its members, may suspend a license or limited	3266
permit without a prior hearing. The board may review the	3267
allegations and vote on the suspension by a telephone conference	3268
call.	3269

If the board votes to suspend a license or limited permit	3270
under this division, the board shall issue a written order of	3271
summary suspension to the license or limited permit holder in	3272
accordance with section 119.07 of the Revised Code. If the license	3273
or limited permit holder requests a hearing by the board, the	3274
board shall conduct the hearing in accordance with Chapter 119. of	3275
the Revised Code. Notwithstanding section 119.12 of the Revised	3276
Code, a court of common pleas shall not grant a suspension of the	3277
board's order of summary suspension pending determination of an	3278
appeal filed under that section.	3279

Any order of summary suspension issued under this division	3280
shall remain in effect until a final adjudication order issued by	3281
the board pursuant to division (A) of this section becomes	3282
effective. The board shall issue its final adjudication order	3283
regarding an order of summary suspension issued under this	3284
division not later than sixty days after completion of its	3285
hearing. Failure to issue the order within sixty days shall result	3286
in immediate dissolution of the suspension order, but shall not	3287
invalidate any subsequent, final adjudication order.	3288

Sec. 4762.13.  (A) The state medical board, by an affirmative	3289
vote of not fewer than six members, may revoke or may refuse to	3290
grant a certificate to practice as an acupuncturist to a person	3291
found by the board to have committed fraud, misrepresentation, or	3292
deception in applying for or securing the certificate.	3293

(B) The board, by an affirmative vote of not fewer than six	3294
members, shall, to the extent permitted by law, limit, revoke, or	3295
suspend an individual's certificate to practice as an	3296
acupuncturist, refuse to issue a certificate to an applicant,	3297
refuse to reinstate a certificate, or reprimand or place on	3298
probation the holder of a certificate for any of the following	3299
reasons:	3300

(1) Permitting the holder's name or certificate to be used by	3301
another person;	3302

(2) Failure to comply with the requirements of this chapter,	3303
Chapter 4731. of the Revised Code, or any rules adopted by the	3304
board;	3305

(3) Violating or attempting to violate, directly or	3306
indirectly, or assisting in or abetting the violation of, or	3307
conspiring to violate, any provision of this chapter, Chapter	3308
4731. of the Revised Code, or the rules adopted by the board;	3309

(4) A departure from, or failure to conform to, minimal	3310
standards of care of similar practitioners under the same or	3311
similar circumstances whether or not actual injury to the patient	3312
is established;	3313

(5) Inability to practice according to acceptable and	3314
prevailing standards of care by reason of mental illness or	3315
physical illness, including physical deterioration that adversely	3316
affects cognitive, motor, or perceptive skills;	3317

(6) Impairment of ability to practice according to acceptable	3318
and prevailing standards of care because of habitual or excessive	3319
use or abuse of drugs, alcohol, or other substances that impair	3320
ability to practice;	3321

(7) Willfully betraying a professional confidence;

3322

(8) Making a false, fraudulent, deceptive, or misleading	3323
statement in soliciting or advertising for patients or in securing	3324
or attempting to secure a certificate to practice as an	3325
acupuncturist.	3326

As used in this division, "false, fraudulent, deceptive, or	3327
misleading statement" means a statement that includes a	3328
misrepresentation of fact, is likely to mislead or deceive because	3329
of a failure to disclose material facts, is intended or is likely	3330
to create false or unjustified expectations of favorable results,	3331
or includes representations or implications that in reasonable	3332
probability will cause an ordinarily prudent person to	3333
misunderstand or be deceived.	3334

(9) Representing, with the purpose of obtaining compensation	3335
or other advantage personally or for any other person, that an	3336
incurable disease or injury, or other incurable condition, can be	3337
permanently cured;	3338

(10) The obtaining of, or attempting to obtain, money or a	3339
thing of value by fraudulent misrepresentations in the course of	3340
practice;	3341

(11) A plea of guilty to, a judicial finding of guilt of, or	3342
a judicial finding of eligibility for intervention in lieu of	3343
conviction for, a felony;	3344

(12) Commission of an act that constitutes a felony in this	3345
state, regardless of the jurisdiction in which the act was	3346
committed;	3347

(13) A plea of guilty to, a judicial finding of guilt of, or	3348
a judicial finding of eligibility for intervention in lieu of	3349
conviction for, a misdemeanor committed in the course of practice;	3350

(14) A plea of guilty to, a judicial finding of guilt of, or	3351
a judicial finding of eligibility for intervention in lieu of	3352
conviction for, a misdemeanor involving moral turpitude;	3353

(15) Commission of an act in the course of practice that	3354
constitutes a misdemeanor in this state, regardless of the	3355
jurisdiction in which the act was committed;	3356

(16) Commission of an act involving moral turpitude that	3357
constitutes a misdemeanor in this state, regardless of the	3358
jurisdiction in which the act was committed;	3359

(17) A plea of guilty to, a judicial finding of guilt of, or	3360
a judicial finding of eligibility for intervention in lieu of	3361
conviction for violating any state or federal law regulating the	3362
possession, distribution, or use of any drug, including	3363
trafficking in drugs;	3364

(18) Any of the following actions taken by the state agency	3365
responsible for regulating the practice of acupuncture in another	3366
jurisdiction, for any reason other than the nonpayment of fees:	3367
the limitation, revocation, or suspension of an individual's	3368
license to practice; acceptance of an individual's license	3369
surrender; denial of a license; refusal to renew or reinstate a	3370
license; imposition of probation; or issuance of an order of	3371
censure or other reprimand;	3372

(19) Violation of the conditions placed by the board on a	3373
certificate to practice as an acupuncturist;	3374

(20) Failure to use universal blood and body fluid	3375
precautions established by rules adopted under section 4731.051 of	3376
the Revised Code;	3377

(21) Failure to cooperate in an investigation conducted by	3378
the board under section 4762.14 of the Revised Code, including	3379
failure to comply with a subpoena or order issued by the board or	3380
failure to answer truthfully a question presented by the board at	3381
a deposition or in written interrogatories, except that failure to	3382
cooperate with an investigation shall not constitute grounds for	3383
discipline under this section if a court of competent jurisdiction	3384
has issued an order that either quashes a subpoena or permits the	3385
individual to withhold the testimony or evidence in issue;	3386

(22) Failure to comply with the standards of the national	3387
certification commission for acupuncture and oriental medicine	3388
regarding professional ethics, commitment to patients, commitment	3389
to the profession, and commitment to the public;	3390

(23) Failure to have adequate professional liability	3391
insurance coverage in accordance with section 4762.22 of the	3392
Revised Code;	3393

(24) Failure to comply with the requirements of section	3394
4745.04 of the Revised Code.	3395

(C) Disciplinary actions taken by the board under divisions	3396
(A) and (B) of this section shall be taken pursuant to an	3397
adjudication under Chapter 119. of the Revised Code, except that	3398
in lieu of an adjudication, the board may enter into a consent	3399
agreement with an acupuncturist or applicant to resolve an	3400
allegation of a violation of this chapter or any rule adopted	3401
under it. A consent agreement, when ratified by an affirmative	3402
vote of not fewer than six members of the board, shall constitute	3403
the findings and order of the board with respect to the matter	3404
addressed in the agreement. If the board refuses to ratify a	3405
consent agreement, the admissions and findings contained in the	3406
consent agreement shall be of no force or effect.	3407

(D) For purposes of divisions (B)(12), (15), and (16) of this	3408
section, the commission of the act may be established by a finding	3409
by the board, pursuant to an adjudication under Chapter 119. of	3410
the Revised Code, that the applicant or certificate holder	3411
committed the act in question. The board shall have no	3412
jurisdiction under these divisions in cases where the trial court	3413
renders a final judgment in the certificate holder's favor and	3414
that judgment is based upon an adjudication on the merits. The	3415
board shall have jurisdiction under these divisions in cases where	3416
the trial court issues an order of dismissal upon technical or	3417
procedural grounds.	3418

(E) The sealing of conviction records by any court shall have	3419
no effect upon a prior board order entered under the provisions of	3420
this section or upon the board's jurisdiction to take action under	3421
the provisions of this section if, based upon a plea of guilty, a	3422
judicial finding of guilt, or a judicial finding of eligibility	3423
for intervention in lieu of conviction, the board issued a notice	3424
of opportunity for a hearing prior to the court's order to seal	3425
the records. The board shall not be required to seal, destroy,	3426
redact, or otherwise modify its records to reflect the court's	3427
sealing of conviction records.	3428

(F) For purposes of this division, any individual who holds a	3429
certificate to practice issued under this chapter, or applies for	3430
a certificate to practice, shall be deemed to have given consent	3431
to submit to a mental or physical examination when directed to do	3432
so in writing by the board and to have waived all objections to	3433
the admissibility of testimony or examination reports that	3434
constitute a privileged communication.	3435

(1) In enforcing division (B)(5) of this section, the board,	3436
upon a showing of a possible violation, may compel any individual	3437
who holds a certificate to practice issued under this chapter or	3438
who has applied for a certificate pursuant to this chapter to	3439
submit to a mental examination, physical examination, including an	3440
HIV test, or both a mental and physical examination. The expense	3441
of the examination is the responsibility of the individual	3442
compelled to be examined. Failure to submit to a mental or	3443
physical examination or consent to an HIV test ordered by the	3444
board constitutes an admission of the allegations against the	3445
individual unless the failure is due to circumstances beyond the	3446
individual's control, and a default and final order may be entered	3447
without the taking of testimony or presentation of evidence. If	3448
the board finds an acupuncturist unable to practice because of the	3449
reasons set forth in division (B)(5) of this section, the board	3450
shall require the acupuncturist to submit to care, counseling, or	3451
treatment by physicians approved or designated by the board, as a	3452
condition for an initial, continued, reinstated, or renewed	3453
certificate to practice. An individual affected by this division	3454
shall be afforded an opportunity to demonstrate to the board the	3455
ability to resume practicing in compliance with acceptable and	3456
prevailing standards of care.	3457

(2) For purposes of division (B)(6) of this section, if the	3458
board has reason to believe that any individual who holds a	3459
certificate to practice issued under this chapter or any applicant	3460
for a certificate suffers such impairment, the board may compel	3461
the individual to submit to a mental or physical examination, or	3462
both. The expense of the examination is the responsibility of the	3463
individual compelled to be examined. Any mental or physical	3464
examination required under this division shall be undertaken by a	3465
treatment provider or physician qualified to conduct such	3466
examination and chosen by the board.	3467

Failure to submit to a mental or physical examination ordered	3468
by the board constitutes an admission of the allegations against	3469
the individual unless the failure is due to circumstances beyond	3470
the individual's control, and a default and final order may be	3471
entered without the taking of testimony or presentation of	3472
evidence. If the board determines that the individual's ability to	3473
practice is impaired, the board shall suspend the individual's	3474
certificate or deny the individual's application and shall require	3475
the individual, as a condition for an initial, continued,	3476
reinstated, or renewed certificate, to submit to treatment.	3477

Before being eligible to apply for reinstatement of a	3478
certificate suspended under this division, the acupuncturist shall	3479
demonstrate to the board the ability to resume practice in	3480
compliance with acceptable and prevailing standards of care. The	3481
demonstration shall include the following:	3482

(a) Certification from a treatment provider approved under	3483
section 4731.25 of the Revised Code that the individual has	3484
successfully completed any required inpatient treatment;	3485

(b) Evidence of continuing full compliance with an aftercare	3486
contract or consent agreement;	3487

(c) Two written reports indicating that the individual's	3488
ability to practice has been assessed and that the individual has	3489
been found capable of practicing according to acceptable and	3490
prevailing standards of care. The reports shall be made by	3491
individuals or providers approved by the board for making such	3492
assessments and shall describe the basis for their determination.	3493

The board may reinstate a certificate suspended under this	3494
division after such demonstration and after the individual has	3495
entered into a written consent agreement.	3496

When the impaired acupuncturist resumes practice, the board	3497
shall require continued monitoring of the acupuncturist. The	3498
monitoring shall include monitoring of compliance with the written	3499
consent agreement entered into before reinstatement or with	3500
conditions imposed by board order after a hearing, and, upon	3501
termination of the consent agreement, submission to the board for	3502
at least two years of annual written progress reports made under	3503
penalty of falsification stating whether the acupuncturist has	3504
maintained sobriety.	3505

(G) If the secretary and supervising member determine that	3506
there is clear and convincing evidence that an acupuncturist has	3507
violated division (B) of this section and that the individual's	3508
continued practice presents a danger of immediate and serious harm	3509
to the public, they may recommend that the board suspend the	3510
individual's certificate to practice without a prior hearing.	3511
Written allegations shall be prepared for consideration by the	3512
board.	3513

The board, upon review of the allegations and by an	3514
affirmative vote of not fewer than six of its members, excluding	3515
the secretary and supervising member, may suspend a certificate	3516
without a prior hearing. A telephone conference call may be	3517
utilized for reviewing the allegations and taking the vote on the	3518
summary suspension.	3519

The board shall issue a written order of suspension by	3520
certified mail or in person in accordance with section 119.07 of	3521
the Revised Code. The order shall not be subject to suspension by	3522
the court during pendency of any appeal filed under section 119.12	3523
of the Revised Code. If the acupuncturist requests an adjudicatory	3524
hearing by the board, the date set for the hearing shall be within	3525
fifteen days, but not earlier than seven days, after the	3526
acupuncturist requests the hearing, unless otherwise agreed to by	3527
both the board and the certificate holder.	3528

A summary suspension imposed under this division shall remain	3529
in effect, unless reversed on appeal, until a final adjudicative	3530
order issued by the board pursuant to this section and Chapter	3531
119. of the Revised Code becomes effective. The board shall issue	3532
its final adjudicative order within sixty days after completion of	3533
its hearing. Failure to issue the order within sixty days shall	3534
result in dissolution of the summary suspension order, but shall	3535
not invalidate any subsequent, final adjudicative order.	3536

(H) If the board takes action under division (B)(11), (13),	3537
or (14) of this section, and the judicial finding of guilt, guilty	3538
plea, or judicial finding of eligibility for intervention in lieu	3539
of conviction is overturned on appeal, upon exhaustion of the	3540
criminal appeal, a petition for reconsideration of the order may	3541
be filed with the board along with appropriate court documents.	3542
Upon receipt of a petition and supporting court documents, the	3543
board shall reinstate the certificate to practice. The board may	3544
then hold an adjudication under Chapter 119. of the Revised Code	3545
to determine whether the individual committed the act in question.	3546
Notice of opportunity for hearing shall be given in accordance	3547
with Chapter 119. of the Revised Code. If the board finds,	3548
pursuant to an adjudication held under this division, that the	3549
individual committed the act, or if no hearing is requested, it	3550
may order any of the sanctions specified in division (B) of this	3551
section.	3552

(I) The certificate to practice of an acupuncturist and the	3553
acupuncturist's practice in this state are automatically suspended	3554
as of the date the acupuncturist pleads guilty to, is found by a	3555
judge or jury to be guilty of, or is subject to a judicial finding	3556
of eligibility for intervention in lieu of conviction in this	3557
state or treatment or intervention in lieu of conviction in	3558
another jurisdiction for any of the following criminal offenses in	3559
this state or a substantially equivalent criminal offense in	3560
another jurisdiction: aggravated murder, murder, voluntary	3561
manslaughter, felonious assault, kidnapping, rape, sexual battery,	3562
gross sexual imposition, aggravated arson, aggravated robbery, or	3563
aggravated burglary. Continued practice after the suspension shall	3564
be considered practicing without a certificate.	3565

The board shall notify the individual subject to the	3566
suspension by certified mail or in person in accordance with	3567
section 119.07 of the Revised Code. If an individual whose	3568
certificate is suspended under this division fails to make a	3569
timely request for an adjudication under Chapter 119. of the	3570
Revised Code, the board shall enter a final order permanently	3571
revoking the individual's certificate to practice.	3572

(J) In any instance in which the board is required by Chapter	3573
119. of the Revised Code to give notice of opportunity for hearing	3574
and the individual subject to the notice does not timely request a	3575
hearing in accordance with section 119.07 of the Revised Code, the	3576
board is not required to hold a hearing, but may adopt, by an	3577
affirmative vote of not fewer than six of its members, a final	3578
order that contains the board's findings. In the final order, the	3579
board may order any of the sanctions identified under division (A)	3580
or (B) of this section.	3581

(K) Any action taken by the board under division (B) of this	3582
section resulting in a suspension shall be accompanied by a	3583
written statement of the conditions under which the	3584
acupuncturist's certificate to practice may be reinstated. The	3585
board shall adopt rules in accordance with Chapter 119. of the	3586
Revised Code governing conditions to be imposed for reinstatement.	3587
Reinstatement of a certificate suspended pursuant to division (B)	3588
of this section requires an affirmative vote of not fewer than six	3589
members of the board.	3590

(L) When the board refuses to grant a certificate to practice	3591
as an acupuncturist to an applicant, revokes an individual's	3592
certificate, refuses to renew a certificate, or refuses to	3593
reinstate an individual's certificate, the board may specify that	3594
its action is permanent. An individual subject to a permanent	3595
action taken by the board is forever thereafter ineligible to hold	3596
a certificate to practice as an acupuncturist and the board shall	3597
not accept an application for reinstatement of the certificate or	3598
for issuance of a new certificate.	3599

(M) Notwithstanding any other provision of the Revised Code,	3600
all of the following apply:	3601

(1) The surrender of a certificate to practice as an	3602
acupuncturist issued under this chapter is not effective unless or	3603
until accepted by the board. Reinstatement of a certificate	3604
surrendered to the board requires an affirmative vote of not fewer	3605
than six members of the board.	3606

(2) An application made under this chapter for a certificate	3607
may not be withdrawn without approval of the board.	3608

(3) Failure by an individual to renew a certificate in	3609
accordance with section 4762.06 of the Revised Code shall not	3610
remove or limit the board's jurisdiction to take disciplinary	3611
action under this section against the individual.	3612

Sec. 4774.13. (A) The state medical board, by an affirmative	3613
vote of not fewer than six members, may revoke or may refuse to	3614
grant a certificate to practice as a radiologist assistant to an	3615
individual found by the board to have committed fraud,	3616
misrepresentation, or deception in applying for or securing the	3617
certificate.	3618

(B) The board, by an affirmative vote of not fewer than six	3619
members, shall, to the extent permitted by law, limit, revoke, or	3620
suspend an individual's certificate to practice as a radiologist	3621
assistant, refuse to issue a certificate to an applicant, refuse	3622
to reinstate a certificate, or reprimand or place on probation the	3623
holder of a certificate for any of the following reasons:	3624

(1) Permitting the holder's name or certificate to be used by	3625
another person;	3626

(2) Failure to comply with the requirements of this chapter,	3627
Chapter 4731. of the Revised Code, or any rules adopted by the	3628
board;	3629

(3) Violating or attempting to violate, directly or	3630
indirectly, or assisting in or abetting the violation of, or	3631
conspiring to violate, any provision of this chapter, Chapter	3632
4731. of the Revised Code, or the rules adopted by the board;	3633

(4) A departure from, or failure to conform to, minimal	3634
standards of care of similar practitioners under the same or	3635
similar circumstances whether or not actual injury to the patient	3636
is established;	3637

(5) Inability to practice according to acceptable and	3638
prevailing standards of care by reason of mental illness or	3639
physical illness, including physical deterioration that adversely	3640
affects cognitive, motor, or perceptive skills;	3641

(6) Impairment of ability to practice according to acceptable	3642
and prevailing standards of care because of habitual or excessive	3643
use or abuse of drugs, alcohol, or other substances that impair	3644
ability to practice;	3645

(7) Willfully betraying a professional confidence;

3646

(8) Making a false, fraudulent, deceptive, or misleading	3647
statement in soliciting or advertising for patients or in securing	3648
or attempting to secure a certificate to practice as a radiologist	3649
assistant.	3650

As used in this division, "false, fraudulent, deceptive, or	3651
misleading statement" means a statement that includes a	3652
misrepresentation of fact, is likely to mislead or deceive because	3653
of a failure to disclose material facts, is intended or is likely	3654
to create false or unjustified expectations of favorable results,	3655
or includes representations or implications that in reasonable	3656
probability will cause an ordinarily prudent person to	3657
misunderstand or be deceived.	3658

(9) The obtaining of, or attempting to obtain, money or a	3659
thing of value by fraudulent misrepresentations in the course of	3660
practice;	3661

(10) A plea of guilty to, a judicial finding of guilt of, or	3662
a judicial finding of eligibility for intervention in lieu of	3663
conviction for, a felony;	3664

(11) Commission of an act that constitutes a felony in this	3665
state, regardless of the jurisdiction in which the act was	3666
committed;	3667

(12) A plea of guilty to, a judicial finding of guilt of, or	3668
a judicial finding of eligibility for intervention in lieu of	3669
conviction for, a misdemeanor committed in the course of practice;	3670

(13) A plea of guilty to, a judicial finding of guilt of, or	3671
a judicial finding of eligibility for intervention in lieu of	3672
conviction for, a misdemeanor involving moral turpitude;	3673

(14) Commission of an act in the course of practice that	3674
constitutes a misdemeanor in this state, regardless of the	3675
jurisdiction in which the act was committed;	3676

(15) Commission of an act involving moral turpitude that	3677
constitutes a misdemeanor in this state, regardless of the	3678
jurisdiction in which the act was committed;	3679

(16) A plea of guilty to, a judicial finding of guilt of, or	3680
a judicial finding of eligibility for intervention in lieu of	3681
conviction for violating any state or federal law regulating the	3682
possession, distribution, or use of any drug, including	3683
trafficking in drugs;	3684

(17) Any of the following actions taken by the state agency	3685
responsible for regulating the practice of radiologist assistants	3686
in another jurisdiction, for any reason other than the nonpayment	3687
of fees: the limitation, revocation, or suspension of an	3688
individual's license to practice; acceptance of an individual's	3689
license surrender; denial of a license; refusal to renew or	3690
reinstate a license; imposition of probation; or issuance of an	3691
order of censure or other reprimand;	3692

(18) Violation of the conditions placed by the board on a	3693
certificate to practice as a radiologist assistant;	3694

(19) Failure to use universal blood and body fluid	3695
precautions established by rules adopted under section 4731.051 of	3696
the Revised Code;	3697

(20) Failure to cooperate in an investigation conducted by	3698
the board under section 4774.14 of the Revised Code, including	3699
failure to comply with a subpoena or order issued by the board or	3700
failure to answer truthfully a question presented by the board at	3701
a deposition or in written interrogatories, except that failure to	3702
cooperate with an investigation shall not constitute grounds for	3703
discipline under this section if a court of competent jurisdiction	3704
has issued an order that either quashes a subpoena or permits the	3705
individual to withhold the testimony or evidence in issue;	3706

(21) Failure to maintain a license as a radiographer under	3707
Chapter 4773. of the Revised Code;	3708

(22) Failure to maintain certification as a registered	3709
radiologist assistant from the American registry of radiologic	3710
technologists, including revocation by the registry of the	3711
assistant's certification or failure by the assistant to meet the	3712
registry's requirements for annual registration, or failure to	3713
notify the board that the certification as a registered	3714
radiologist assistant has not been maintained;	3715

(23) Failure to comply with any of the rules of ethics	3716
included in the standards of ethics established by the American	3717
registry of radiologic technologists, as those rules apply to an	3718
individual who holds the registry's certification as a registered	3719
radiologist assistant;	3720

(24) Failure to comply with the requirements of section	3721
4745.04 of the Revised Code.	3722

(C) Disciplinary actions taken by the board under divisions	3723
(A) and (B) of this section shall be taken pursuant to an	3724
adjudication under Chapter 119. of the Revised Code, except that	3725
in lieu of an adjudication, the board may enter into a consent	3726
agreement with a radiologist assistant or applicant to resolve an	3727
allegation of a violation of this chapter or any rule adopted	3728
under it. A consent agreement, when ratified by an affirmative	3729
vote of not fewer than six members of the board, shall constitute	3730
the findings and order of the board with respect to the matter	3731
addressed in the agreement. If the board refuses to ratify a	3732
consent agreement, the admissions and findings contained in the	3733
consent agreement shall be of no force or effect.	3734

(D) For purposes of divisions (B)(11), (14), and (15) of this	3735
section, the commission of the act may be established by a finding	3736
by the board, pursuant to an adjudication under Chapter 119. of	3737
the Revised Code, that the applicant or certificate holder	3738
committed the act in question. The board shall have no	3739
jurisdiction under these divisions in cases where the trial court	3740
renders a final judgment in the certificate holder's favor and	3741
that judgment is based upon an adjudication on the merits. The	3742
board shall have jurisdiction under these divisions in cases where	3743
the trial court issues an order of dismissal on technical or	3744
procedural grounds.	3745

(E) The sealing of conviction records by any court shall have	3746
no effect on a prior board order entered under the provisions of	3747
this section or on the board's jurisdiction to take action under	3748
the provisions of this section if, based upon a plea of guilty, a	3749
judicial finding of guilt, or a judicial finding of eligibility	3750
for intervention in lieu of conviction, the board issued a notice	3751
of opportunity for a hearing prior to the court's order to seal	3752
the records. The board shall not be required to seal, destroy,	3753
redact, or otherwise modify its records to reflect the court's	3754
sealing of conviction records.	3755

(F) For purposes of this division, any individual who holds a	3756
certificate to practice as a radiologist assistant issued under	3757
this chapter, or applies for a certificate to practice, shall be	3758
deemed to have given consent to submit to a mental or physical	3759
examination when directed to do so in writing by the board and to	3760
have waived all objections to the admissibility of testimony or	3761
examination reports that constitute a privileged communication.	3762

(1) In enforcing division (B)(5) of this section, the board,	3763
on a showing of a possible violation, may compel any individual	3764
who holds a certificate to practice as a radiologist assistant	3765
issued under this chapter or who has applied for a certificate to	3766
practice to submit to a mental or physical examination, or both. A	3767
physical examination may include an HIV test. The expense of the	3768
examination is the responsibility of the individual compelled to	3769
be examined. Failure to submit to a mental or physical examination	3770
or consent to an HIV test ordered by the board constitutes an	3771
admission of the allegations against the individual unless the	3772
failure is due to circumstances beyond the individual's control,	3773
and a default and final order may be entered without the taking of	3774
testimony or presentation of evidence. If the board finds a	3775
radiologist assistant unable to practice because of the reasons	3776
set forth in division (B)(5) of this section, the board shall	3777
require the radiologist assistant to submit to care, counseling,	3778
or treatment by physicians approved or designated by the board, as	3779
a condition for an initial, continued, reinstated, or renewed	3780
certificate to practice. An individual affected by this division	3781
shall be afforded an opportunity to demonstrate to the board the	3782
ability to resume practicing in compliance with acceptable and	3783
prevailing standards of care.	3784

(2) For purposes of division (B)(6) of this section, if the	3785
board has reason to believe that any individual who holds a	3786
certificate to practice as a radiologist assistant issued under	3787
this chapter or any applicant for a certificate to practice	3788
suffers such impairment, the board may compel the individual to	3789
submit to a mental or physical examination, or both. The expense	3790
of the examination is the responsibility of the individual	3791
compelled to be examined. Any mental or physical examination	3792
required under this division shall be undertaken by a treatment	3793
provider or physician qualified to conduct such examination and	3794
chosen by the board.	3795

Failure to submit to a mental or physical examination ordered	3796
by the board constitutes an admission of the allegations against	3797
the individual unless the failure is due to circumstances beyond	3798
the individual's control, and a default and final order may be	3799
entered without the taking of testimony or presentation of	3800
evidence. If the board determines that the individual's ability to	3801
practice is impaired, the board shall suspend the individual's	3802
certificate or deny the individual's application and shall require	3803
the individual, as a condition for an initial, continued,	3804
reinstated, or renewed certificate to practice, to submit to	3805
treatment.	3806

Before being eligible to apply for reinstatement of a	3807
certificate suspended under this division, the radiologist	3808
assistant shall demonstrate to the board the ability to resume	3809
practice in compliance with acceptable and prevailing standards of	3810
care. The demonstration shall include the following:	3811

(a) Certification from a treatment provider approved under	3812
section 4731.25 of the Revised Code that the individual has	3813
successfully completed any required inpatient treatment;	3814

(b) Evidence of continuing full compliance with an aftercare	3815
contract or consent agreement;	3816

(c) Two written reports indicating that the individual's	3817
ability to practice has been assessed and that the individual has	3818
been found capable of practicing according to acceptable and	3819
prevailing standards of care. The reports shall be made by	3820
individuals or providers approved by the board for making such	3821
assessments and shall describe the basis for their determination.	3822

The board may reinstate a certificate suspended under this	3823
division after such demonstration and after the individual has	3824
entered into a written consent agreement.	3825

When the impaired radiologist assistant resumes practice, the	3826
board shall require continued monitoring of the radiologist	3827
assistant. The monitoring shall include monitoring of compliance	3828
with the written consent agreement entered into before	3829
reinstatement or with conditions imposed by board order after a	3830
hearing, and, on termination of the consent agreement, submission	3831
to the board for at least two years of annual written progress	3832
reports made under penalty of falsification stating whether the	3833
radiologist assistant has maintained sobriety.	3834

(G) If the secretary and supervising member determine that	3835
there is clear and convincing evidence that a radiologist	3836
assistant has violated division (B) of this section and that the	3837
individual's continued practice presents a danger of immediate and	3838
serious harm to the public, they may recommend that the board	3839
suspend the individual's certificate to practice without a prior	3840
hearing. Written allegations shall be prepared for consideration	3841
by the board.	3842

The board, on review of the allegations and by an affirmative	3843
vote of not fewer than six of its members, excluding the secretary	3844
and supervising member, may suspend a certificate without a prior	3845
hearing. A telephone conference call may be utilized for reviewing	3846
the allegations and taking the vote on the summary suspension.	3847

The board shall issue a written order of suspension by	3848
certified mail or in person in accordance with section 119.07 of	3849
the Revised Code. The order shall not be subject to suspension by	3850
the court during pendency of any appeal filed under section 119.12	3851
of the Revised Code. If the radiologist assistant requests an	3852
adjudicatory hearing by the board, the date set for the hearing	3853
shall be within fifteen days, but not earlier than seven days,	3854
after the radiologist assistant requests the hearing, unless	3855
otherwise agreed to by both the board and the certificate holder.	3856

A summary suspension imposed under this division shall remain	3857
in effect, unless reversed on appeal, until a final adjudicative	3858
order issued by the board pursuant to this section and Chapter	3859
119. of the Revised Code becomes effective. The board shall issue	3860
its final adjudicative order within sixty days after completion of	3861
its hearing. Failure to issue the order within sixty days shall	3862
result in dissolution of the summary suspension order, but shall	3863
not invalidate any subsequent, final adjudicative order.	3864

(H) If the board takes action under division (B)(10), (12),	3865
or (13) of this section, and the judicial finding of guilt, guilty	3866
plea, or judicial finding of eligibility for intervention in lieu	3867
of conviction is overturned on appeal, on exhaustion of the	3868
criminal appeal, a petition for reconsideration of the order may	3869
be filed with the board along with appropriate court documents. On	3870
receipt of a petition and supporting court documents, the board	3871
shall reinstate the certificate to practice as a radiologist	3872
assistant. The board may then hold an adjudication under Chapter	3873
119. of the Revised Code to determine whether the individual	3874
committed the act in question. Notice of opportunity for hearing	3875
shall be given in accordance with Chapter 119. of the Revised	3876
Code. If the board finds, pursuant to an adjudication held under	3877
this division, that the individual committed the act, or if no	3878
hearing is requested, it may order any of the sanctions specified	3879
in division (B) of this section.	3880

(I) The certificate to practice of a radiologist assistant	3881
and the assistant's practice in this state are automatically	3882
suspended as of the date the radiologist assistant pleads guilty	3883
to, is found by a judge or jury to be guilty of, or is subject to	3884
a judicial finding of eligibility for intervention in lieu of	3885
conviction in this state or treatment of intervention in lieu of	3886
conviction in another jurisdiction for any of the following	3887
criminal offenses in this state or a substantially equivalent	3888
criminal offense in another jurisdiction: aggravated murder,	3889
murder, voluntary manslaughter, felonious assault, kidnapping,	3890
rape, sexual battery, gross sexual imposition, aggravated arson,	3891
aggravated robbery, or aggravated burglary. Continued practice	3892
after the suspension shall be considered practicing without a	3893
certificate.	3894

The board shall notify the individual subject to the	3895
suspension by certified mail or in person in accordance with	3896
section 119.07 of the Revised Code. If an individual whose	3897
certificate is suspended under this division fails to make a	3898
timely request for an adjudication under Chapter 119. of the	3899
Revised Code, the board shall enter a final order permanently	3900
revoking the individual's certificate to practice.	3901

(J) In any instance in which the board is required by Chapter	3902
119. of the Revised Code to give notice of opportunity for hearing	3903
and the individual subject to the notice does not timely request a	3904
hearing in accordance with section 119.07 of the Revised Code, the	3905
board is not required to hold a hearing, but may adopt, by an	3906
affirmative vote of not fewer than six of its members, a final	3907
order that contains the board's findings. In the final order, the	3908
board may order any of the sanctions identified under division (A)	3909
or (B) of this section.	3910

(K) Any action taken by the board under division (B) of this	3911
section resulting in a suspension shall be accompanied by a	3912
written statement of the conditions under which the radiologist	3913
assistant's certificate may be reinstated. The board shall adopt	3914
rules in accordance with Chapter 119. of the Revised Code	3915
governing conditions to be imposed for reinstatement.	3916
Reinstatement of a certificate suspended pursuant to division (B)	3917
of this section requires an affirmative vote of not fewer than six	3918
members of the board.	3919

(L) When the board refuses to grant a certificate to practice	3920
as a radiologist assistant to an applicant, revokes an	3921
individual's certificate, refuses to renew a certificate, or	3922
refuses to reinstate an individual's certificate, the board may	3923
specify that its action is permanent. An individual subject to a	3924
permanent action taken by the board is forever thereafter	3925
ineligible to hold a certificate to practice as a radiologist	3926
assistant and the board shall not accept an application for	3927
reinstatement of the certificate or for issuance of a new	3928
certificate.	3929

(M) Notwithstanding any other provision of the Revised Code,	3930
all of the following apply:	3931

(1) The surrender of a certificate to practice as a	3932
radiologist assistant issued under this chapter is not effective	3933
unless or until accepted by the board. Reinstatement of a	3934
certificate surrendered to the board requires an affirmative vote	3935
of not fewer than six members of the board.	3936

(2) An application made under this chapter for a certificate	3937
to practice may not be withdrawn without approval of the board.	3938

(3) Failure by an individual to renew a certificate to	3939
practice in accordance with section 4774.06 of the Revised Code	3940
shall not remove or limit the board's jurisdiction to take	3941
disciplinary action under this section against the individual.	3942

Sec. 4778.14. (A) The state medical board, by an affirmative	3943
vote of not fewer than six members, may revoke or may refuse to	3944
grant a license to practice as a genetic counselor to an	3945
individual found by the board to have committed fraud,	3946
misrepresentation, or deception in applying for or securing the	3947
license.	3948

(B) The board, by an affirmative vote of not fewer than six	3949
members, shall, to the extent permitted by law, limit, revoke, or	3950
suspend an individual's license to practice as a genetic	3951
counselor, refuse to issue a license to an applicant, refuse to	3952
reinstate a license, or reprimand or place on probation the holder	3953
of a license for any of the following reasons:	3954

(1) Permitting the holder's name or license to be used by	3955
another person;	3956

(2) Failure to comply with the requirements of this chapter,	3957
Chapter 4731. of the Revised Code, or any rules adopted by the	3958
board;	3959

(3) Violating or attempting to violate, directly or	3960
indirectly, or assisting in or abetting the violation of, or	3961
conspiring to violate, any provision of this chapter, Chapter	3962
4731. of the Revised Code, or the rules adopted by the board;	3963

(4) A departure from, or failure to conform to, minimal	3964
standards of care of similar practitioners under the same or	3965
similar circumstances whether or not actual injury to the patient	3966
is established;	3967

(5) Inability to practice according to acceptable and	3968
prevailing standards of care by reason of mental illness or	3969
physical illness, including physical deterioration that adversely	3970
affects cognitive, motor, or perceptive skills;	3971

(6) Impairment of ability to practice according to acceptable	3972
and prevailing standards of care because of habitual or excessive	3973
use or abuse of drugs, alcohol, or other substances that impair	3974
ability to practice;	3975

(7) Willfully betraying a professional confidence;

3976

(8) Making a false, fraudulent, deceptive, or misleading	3977
statement in soliciting or advertising for patients or in securing	3978
or attempting to secure a license to practice as a genetic	3979
counselor.	3980

As used in this division, "false, fraudulent, deceptive, or	3981
misleading statement" means a statement that includes a	3982
misrepresentation of fact, is likely to mislead or deceive because	3983
of a failure to disclose material facts, is intended or is likely	3984
to create false or unjustified expectations of favorable results,	3985
or includes representations or implications that in reasonable	3986
probability will cause an ordinarily prudent person to	3987
misunderstand or be deceived.	3988

(9) The obtaining of, or attempting to obtain, money or a	3989
thing of value by fraudulent misrepresentations in the course of	3990
practice;	3991

(10) A plea of guilty to, a judicial finding of guilt of, or	3992
a judicial finding of eligibility for intervention in lieu of	3993
conviction for, a felony;	3994

(11) Commission of an act that constitutes a felony in this	3995
state, regardless of the jurisdiction in which the act was	3996
committed;	3997

(12) A plea of guilty to, a judicial finding of guilt of, or	3998
a judicial finding of eligibility for intervention in lieu of	3999
conviction for, a misdemeanor committed in the course of practice;	4000

(13) A plea of guilty to, a judicial finding of guilt of, or	4001
a judicial finding of eligibility for intervention in lieu of	4002
conviction for, a misdemeanor involving moral turpitude;	4003

(14) Commission of an act in the course of practice that	4004
constitutes a misdemeanor in this state, regardless of the	4005
jurisdiction in which the act was committed;	4006

(15) Commission of an act involving moral turpitude that	4007
constitutes a misdemeanor in this state, regardless of the	4008
jurisdiction in which the act was committed;	4009

(16) A plea of guilty to, a judicial finding of guilt of, or	4010
a judicial finding of eligibility for intervention in lieu of	4011
conviction for violating any state or federal law regulating the	4012
possession, distribution, or use of any drug, including	4013
trafficking in drugs;	4014

(17) Any of the following actions taken by an agency	4015
responsible for authorizing, certifying, or regulating an	4016
individual to practice a health care occupation or provide health	4017
care services in this state or in another jurisdiction, for any	4018
reason other than the nonpayment of fees: the limitation,	4019
revocation, or suspension of an individual's license to practice;	4020
acceptance of an individual's license surrender; denial of a	4021
license; refusal to renew or reinstate a license; imposition of	4022
probation; or issuance of an order of censure or other reprimand;	4023

(18) Violation of the conditions placed by the board on a	4024
license to practice as a genetic counselor;	4025

(19) Failure to cooperate in an investigation conducted by	4026
the board under section 4778.18 of the Revised Code, including	4027
failure to comply with a subpoena or order issued by the board or	4028
failure to answer truthfully a question presented by the board at	4029
a deposition or in written interrogatories, except that failure to	4030
cooperate with an investigation shall not constitute grounds for	4031
discipline under this section if a court of competent jurisdiction	4032
has issued an order that either quashes a subpoena or permits the	4033
individual to withhold the testimony or evidence in issue;	4034

(20) Failure to maintain the individual's status as a	4035
certified genetic counselor;	4036

(21) Failure to comply with the code of ethics established by	4037
the national society of genetic counselors;	4038

(22) Failure to comply with the requirements of section	4039
4745.04 of the Revised Code.	4040

(C) Disciplinary actions taken by the board under divisions	4041
(A) and (B) of this section shall be taken pursuant to an	4042
adjudication under Chapter 119. of the Revised Code, except that	4043
in lieu of an adjudication, the board may enter into a consent	4044
agreement with a genetic counselor or applicant to resolve an	4045
allegation of a violation of this chapter or any rule adopted	4046
under it. A consent agreement, when ratified by an affirmative	4047
vote of not fewer than six members of the board, shall constitute	4048
the findings and order of the board with respect to the matter	4049
addressed in the agreement. If the board refuses to ratify a	4050
consent agreement, the admissions and findings contained in the	4051
consent agreement shall be of no force or effect.	4052

A telephone conference call may be utilized for ratification	4053
of a consent agreement that revokes or suspends an individual's	4054
license. The telephone conference call shall be considered a	4055
special meeting under division (F) of section 121.22 of the	4056
Revised Code.	4057

(D) For purposes of divisions (B)(11), (14), and (15) of this	4058
section, the commission of the act may be established by a finding	4059
by the board, pursuant to an adjudication under Chapter 119. of	4060
the Revised Code, that the applicant or license holder committed	4061
the act in question. The board shall have no jurisdiction under	4062
these divisions in cases where the trial court renders a final	4063
judgment in the license holder's favor and that judgment is based	4064
upon an adjudication on the merits. The board shall have	4065
jurisdiction under these divisions in cases where the trial court	4066
issues an order of dismissal on technical or procedural grounds.	4067

(E) The sealing of conviction records by any court shall have	4068
no effect on a prior board order entered under the provisions of	4069
this section or on the board's jurisdiction to take action under	4070
the provisions of this section if, based upon a plea of guilty, a	4071
judicial finding of guilt, or a judicial finding of eligibility	4072
for intervention in lieu of conviction, the board issued a notice	4073
of opportunity for a hearing or took other formal action under	4074
Chapter 119. of the Revised Code prior to the court's order to	4075
seal the records. The board shall not be required to seal,	4076
destroy, redact, or otherwise modify its records to reflect the	4077
court's sealing of conviction records.	4078

(F) For purposes of this division, any individual who holds a	4079
license to practice as a genetic counselor, or applies for a	4080
license, shall be deemed to have given consent to submit to a	4081
mental or physical examination when directed to do so in writing	4082
by the board and to have waived all objections to the	4083
admissibility of testimony or examination reports that constitute	4084
a privileged communication.	4085

(1) In enforcing division (B)(5) of this section, the board,	4086
on a showing of a possible violation, may compel any individual	4087
who holds a license to practice as a genetic counselor or who has	4088
applied for a license to practice as a genetic counselor to submit	4089
to a mental or physical examination, or both. A physical	4090
examination may include an HIV test. The expense of the	4091
examination is the responsibility of the individual compelled to	4092
be examined. Failure to submit to a mental or physical examination	4093
or consent to an HIV test ordered by the board constitutes an	4094
admission of the allegations against the individual unless the	4095
failure is due to circumstances beyond the individual's control,	4096
and a default and final order may be entered without the taking of	4097
testimony or presentation of evidence. If the board finds a	4098
genetic counselor unable to practice because of the reasons set	4099
forth in division (B)(5) of this section, the board shall require	4100
the genetic counselor to submit to care, counseling, or treatment	4101
by physicians approved or designated by the board, as a condition	4102
for an initial, continued, reinstated, or renewed license to	4103
practice. An individual affected by this division shall be	4104
afforded an opportunity to demonstrate to the board the ability to	4105
resume practicing in compliance with acceptable and prevailing	4106
standards of care.	4107

(2) For purposes of division (B)(6) of this section, if the	4108
board has reason to believe that any individual who holds a	4109
license to practice as a genetic counselor or any applicant for a	4110
license suffers such impairment, the board may compel the	4111
individual to submit to a mental or physical examination, or both.	4112
The expense of the examination is the responsibility of the	4113
individual compelled to be examined. Any mental or physical	4114
examination required under this division shall be undertaken by a	4115
treatment provider or physician qualified to conduct such	4116
examination and chosen by the board.	4117

Failure to submit to a mental or physical examination ordered	4118
by the board constitutes an admission of the allegations against	4119
the individual unless the failure is due to circumstances beyond	4120
the individual's control, and a default and final order may be	4121
entered without the taking of testimony or presentation of	4122
evidence. If the board determines that the individual's ability to	4123
practice is impaired, the board shall suspend the individual's	4124
license or deny the individual's application and shall require the	4125
individual, as a condition for an initial, continued, reinstated,	4126
or renewed license, to submit to treatment.	4127

Before being eligible to apply for reinstatement of a license	4128
suspended under this division, the genetic counselor shall	4129
demonstrate to the board the ability to resume practice in	4130
compliance with acceptable and prevailing standards of care. The	4131
demonstration shall include the following:	4132

(a) Certification from a treatment provider approved under	4133
section 4731.25 of the Revised Code that the individual has	4134
successfully completed any required inpatient treatment;	4135

(b) Evidence of continuing full compliance with an aftercare	4136
contract or consent agreement;	4137

(c) Two written reports indicating that the individual's	4138
ability to practice has been assessed and that the individual has	4139
been found capable of practicing according to acceptable and	4140
prevailing standards of care. The reports shall be made by	4141
individuals or providers approved by the board for making such	4142
assessments and shall describe the basis for their determination.	4143

The board may reinstate a license suspended under this	4144
division after such demonstration and after the individual has	4145
entered into a written consent agreement.	4146

When the impaired genetic counselor resumes practice, the	4147
board shall require continued monitoring of the genetic counselor.	4148
The monitoring shall include monitoring of compliance with the	4149
written consent agreement entered into before reinstatement or	4150
with conditions imposed by board order after a hearing, and, on	4151
termination of the consent agreement, submission to the board for	4152
at least two years of annual written progress reports made under	4153
penalty of falsification stating whether the genetic counselor has	4154
maintained sobriety.	4155

(G) If the secretary and supervising member determine both of	4156
the following, they may recommend that the board suspend an	4157
individual's license to practice without a prior hearing:	4158

(1) That there is clear and convincing evidence that a	4159
genetic counselor has violated division (B) of this section;	4160

(2) That the individual's continued practice presents a	4161
danger of immediate and serious harm to the public.	4162

Written allegations shall be prepared for consideration by	4163
the board. The board, on review of the allegations and by an	4164
affirmative vote of not fewer than six of its members, excluding	4165
the secretary and supervising member, may suspend a license	4166
without a prior hearing. A telephone conference call may be	4167
utilized for reviewing the allegations and taking the vote on the	4168
summary suspension.	4169

The board shall issue a written order of suspension by	4170
certified mail or in person in accordance with section 119.07 of	4171
the Revised Code. The order shall not be subject to suspension by	4172
the court during pendency of any appeal filed under section 119.12	4173
of the Revised Code. If the genetic counselor requests an	4174
adjudicatory hearing by the board, the date set for the hearing	4175
shall be within fifteen days, but not earlier than seven days,	4176
after the genetic counselor requests the hearing, unless otherwise	4177
agreed to by both the board and the genetic counselor.	4178

A summary suspension imposed under this division shall remain	4179
in effect, unless reversed on appeal, until a final adjudicative	4180
order issued by the board pursuant to this section and Chapter	4181
119. of the Revised Code becomes effective. The board shall issue	4182
its final adjudicative order within sixty days after completion of	4183
its hearing. Failure to issue the order within sixty days shall	4184
result in dissolution of the summary suspension order, but shall	4185
not invalidate any subsequent, final adjudicative order.	4186

(H) If the board takes action under division (B)(10), (12),	4187
or (13) of this section, and the judicial finding of guilt, guilty	4188
plea, or judicial finding of eligibility for intervention in lieu	4189
of conviction is overturned on appeal, on exhaustion of the	4190
criminal appeal, a petition for reconsideration of the order may	4191
be filed with the board along with appropriate court documents. On	4192
receipt of a petition and supporting court documents, the board	4193
shall reinstate the license to practice as a genetic counselor.	4194
The board may then hold an adjudication under Chapter 119. of the	4195
Revised Code to determine whether the individual committed the act	4196
in question. Notice of opportunity for hearing shall be given in	4197
accordance with Chapter 119. of the Revised Code. If the board	4198
finds, pursuant to an adjudication held under this division, that	4199
the individual committed the act, or if no hearing is requested,	4200
it may order any of the sanctions specified in division (B) of	4201
this section.	4202

(I) The license to practice as a genetic counselor and the	4203
counselor's practice in this state are automatically suspended as	4204
of the date the genetic counselor pleads guilty to, is found by a	4205
judge or jury to be guilty of, or is subject to a judicial finding	4206
of eligibility for intervention in lieu of conviction in this	4207
state or treatment of intervention in lieu of conviction in	4208
another jurisdiction for any of the following criminal offenses in	4209
this state or a substantially equivalent criminal offense in	4210
another jurisdiction: aggravated murder, murder, voluntary	4211
manslaughter, felonious assault, kidnapping, rape, sexual battery,	4212
gross sexual imposition, aggravated arson, aggravated robbery, or	4213
aggravated burglary. Continued practice after the suspension shall	4214
be considered practicing without a license.	4215

The board shall notify the individual subject to the	4216
suspension by certified mail or in person in accordance with	4217
section 119.07 of the Revised Code. If an individual whose license	4218
is suspended under this division fails to make a timely request	4219
for an adjudication under Chapter 119. of the Revised Code, the	4220
board shall enter a final order permanently revoking the	4221
individual's license to practice.	4222

(J) In any instance in which the board is required by Chapter	4223
119. of the Revised Code to give notice of opportunity for hearing	4224
and the individual subject to the notice does not timely request a	4225
hearing in accordance with section 119.07 of the Revised Code, the	4226
board is not required to hold a hearing, but may adopt, by an	4227
affirmative vote of not fewer than six of its members, a final	4228
order that contains the board's findings. In the final order, the	4229
board may order any of the sanctions identified under division (A)	4230
or (B) of this section.	4231

(K) Any action taken by the board under division (B) of this	4232
section resulting in a suspension shall be accompanied by a	4233
written statement of the conditions under which the license of the	4234
genetic counselor may be reinstated. The board shall adopt rules	4235
in accordance with Chapter 119. of the Revised Code governing	4236
conditions to be imposed for reinstatement. Reinstatement of a	4237
license suspended pursuant to division (B) of this section	4238
requires an affirmative vote of not fewer than six members of the	4239
board.	4240

(L) When the board refuses to grant a license to practice as	4241
a genetic counselor to an applicant, revokes an individual's	4242
license, refuses to renew a license, or refuses to reinstate an	4243
individual's license, the board may specify that its action is	4244
permanent. An individual subject to a permanent action taken by	4245
the board is forever thereafter ineligible to hold a license to	4246
practice as a genetic counselor and the board shall not accept an	4247
application for reinstatement of the license or for issuance of a	4248
new license.	4249

(M) Notwithstanding any other provision of the Revised Code,	4250
all of the following apply:	4251

(1) The surrender of a license to practice as a genetic	4252
counselor is not effective unless or until accepted by the board.	4253
A telephone conference call may be utilized for acceptance of the	4254
surrender of an individual's license. The telephone conference	4255
call shall be considered a special meeting under division (F) of	4256
section 121.22 of the Revised Code. Reinstatement of a license	4257
surrendered to the board requires an affirmative vote of not fewer	4258
than six members of the board.	4259

(2) An application made under this chapter for a license to	4260
practice may not be withdrawn without approval of the board.	4261

(3) Failure by an individual to renew a license in accordance	4262
with section 4778.06 of the Revised Code shall not remove or limit	4263
the board's jurisdiction to take disciplinary action under this	4264
section against the individual.	4265

Sec. 4779.28.  (A) The board may, pursuant to an adjudication	4266
under Chapter 119. of the Revised Code and by a vote of not fewer	4267
than four of its members, limit, revoke, or suspend a license	4268
issued under this chapter, refuse to issue a license to an	4269
applicant, or reprimand or place on probation a license holder for	4270
any of the following reasons:	4271

(1) Conviction of, or a plea of guilty to, a misdemeanor or	4272
felony involving moral turpitude;	4273

(2) Any violation of this chapter;

4274

(3) Committing fraud, misrepresentation, or deception in	4275
applying for or securing a license issued under this chapter;	4276

(4) Habitual use of drugs or intoxicants to the extent that	4277
it renders the person unfit to practice;	4278

(5) Violation of any rule adopted by the board under section	4279
4779.08 of the Revised Code;	4280

(6) A departure from, or failure to conform to, minimal	4281
standards of care of similar orthotists, prosthetists,	4282
orthotists-prosthetists, or pedorthists under the same or similar	4283
circumstances, regardless of whether actual injury to a patient is	4284
established;	4285

(7) Obtaining or attempting to obtain money or anything of	4286
value by fraudulent misrepresentation in the course of practice;	4287

(8) Publishing a false, fraudulent, deceptive, or misleading	4288
statement;	4289

(9) Waiving the payment of all or part of a deductible or	4290
copayment that a patient, pursuant to a health insurance or health	4291
care policy, contract, or plan, would otherwise be required to	4292
pay, if the waiver is used as an enticement to a patient or group	4293
of patients to receive health care services from a person who	4294
holds a license issued under this chapter;	4295

(10) Advertising that a person who holds a license issued	4296
under this chapter will waive the payment of all or part of a	4297
deductible or copayment that a patient, pursuant to a health	4298
insurance or health care policy, contract, or plan, that covers	4299
the person's services, would otherwise be required to pay;	4300

(11) Making a false, fraudulent, deceptive, or misleading	4301
statement in the solicitation of or advertising for patients in	4302
relation to the practice of an orthotist, prosthetist,	4303
orthotist-prosthetist, or pedorthist;	4304

(12) Failure to comply with the requirements of section	4305
4745.04 of the Revised Code.	4306

(B) For the purpose of investigating whether a person is	4307
engaging or has engaged in conduct described in division (A) of	4308
this section, the board may administer oaths, order the taking of	4309
depositions, issue subpoenas, examine witnesses, and compel the	4310
attendance of witnesses and production of books, accounts, papers,	4311
records, documents, and testimony.	4312

Section 2.  That existing sections 4715.30, 4723.28, 4725.19,	4313
4725.53, 4729.16, 4730.02, 4730.25, 4731.22, 4732.17, 4734.31,	4314
4753.10, 4755.11, 4755.47, 4755.64, 4757.36, 4758.30, 4759.07,	4315
4760.13, 4761.09, 4762.13, 4774.13, 4778.14, and 4779.28 of the	4316
Revised Code are hereby repealed.	4317

Section 3.  Section 4731.22 of the Revised Code is presented	4318
in this act as a composite of the section as amended by both Am.	4319
Sub. H.B. 292 and Am. Sub. H.B. 487 of the 129th General Assembly.	4320
The General Assembly, applying the principle stated in division	4321
(B) of section 1.52 of the Revised Code that amendments are to be	4322
harmonized if reasonably capable of simultaneous operation, finds	4323
that the composite is the resulting version of the section in	4324
effect prior to the effective date of the section as presented in	4325
this act.	4326