Bill Text: OH SB301 | 2011-2012 | 129th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Regarding enforcement powers of certain health care professional licensing boards, regulation of pain management clinics, limits on prescriber-furnished controlled substances, and classifications of certain controlled substances.
Spectrum: Slight Partisan Bill (Republican 45-27)
Status: (Passed) 2013-03-13 - Effective Date [SB301 Detail]
Download: Ohio-2011-SB301-Engrossed.html
As Passed by the Senate
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: Regarding enforcement powers of certain health care professional licensing boards, regulation of pain management clinics, limits on prescriber-furnished controlled substances, and classifications of certain controlled substances.
Spectrum: Slight Partisan Bill (Republican 45-27)
Status: (Passed) 2013-03-13 - Effective Date [SB301 Detail]
Download: Ohio-2011-SB301-Engrossed.html
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Senators Burke, Cafaro
Cosponsors:
Senators Lehner, Seitz, Jones, Tavares, Brown, Bacon, Balderson, Beagle, Gentile, Hite, Hughes, Kearney, LaRose, Manning, Obhof, Oelslager, Peterson, Schaffer, Schiavoni, Skindell, Smith, Turner
To amend sections 3719.41, 4715.033, 4715.034, | 1 |
4715.30, 4715.301, 4715.302, 4723.487, 4725.092, | 2 |
4729.16, 4729.162, 4729.291, 4729.51, 4729.552, | 3 |
4729.57, 4729.79, 4729.80, 4729.86, 4730.53, | 4 |
4731.054, 4731.055, 4731.22, and 4731.39 of the | 5 |
Revised Code regarding enforcement powers of | 6 |
certain health care professional licensing boards, | 7 |
regulation of pain management clinics, limits on | 8 |
prescriber-furnished controlled substances, and | 9 |
classifications of certain controlled substances. | 10 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3719.41, 4715.033, 4715.034, | 11 |
4715.30, 4715.301, 4715.302, 4723.487, 4725.092, 4729.16, | 12 |
4729.162, 4729.291, 4729.51, 4729.552, 4729.57, 4729.79, 4729.80, | 13 |
4729.86, 4730.53, 4731.054, 4731.055, 4731.22, and 4731.39 of the | 14 |
Revised Code be amended to read as follows: | 15 |
Sec. 3719.41. Controlled substance schedules I, II, III, IV, | 16 |
and V are hereby established, which schedules include the | 17 |
following, subject to amendment pursuant to section 3719.43 or | 18 |
3719.44 of the Revised Code. | 19 |
20 | |
(A) Narcotics-opiates | 21 |
Any of the following opiates, including their isomers, | 22 |
esters, ethers, salts, and salts of isomers, esters, and ethers, | 23 |
unless specifically excepted under federal drug abuse control | 24 |
laws, whenever the existence of these isomers, esters, ethers, and | 25 |
salts is possible within the specific chemical designation: | 26 |
(1) Acetyl-alpha-methylfentanyl | 27 |
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide); | 28 |
(2) Acetylmethadol; | 29 |
(3) Allylprodine; | 30 |
(4) Alphacetylmethadol (except levo-alphacetylmethadol, also | 31 |
known as levo-alpha-acetylmethadol, levomethadyl acetate, or | 32 |
LAAM); | 33 |
(5) Alphameprodine; | 34 |
(6) Alphamethadol; | 35 |
(7) Alpha-methylfentanyl | 36 |
(N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide; | 37 |
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine); | 38 |
(8) Alpha-methylthiofentanyl | 39 |
(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N- | 40 |
phenylpropanamide); | 41 |
(9) Benzethidine; | 42 |
(10) Betacetylmethadol; | 43 |
(11) Beta-hydroxyfentanyl | 44 |
(N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl]-N- phenylpropanamide); | 45 |
(12) Beta-hydroxy-3-methylfentanyl (other name: | 46 |
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N- | 47 |
phenylpropanamide); | 48 |
(13) Betameprodine; | 49 |
(14) Betamethadol; | 50 |
(15) Betaprodine; | 51 |
(16) Clonitazene; | 52 |
(17) Dextromoramide; | 53 |
(18) Diampromide; | 54 |
(19) Diethylthiambutene; | 55 |
(20) Difenoxin; | 56 |
(21) Dimenoxadol; | 57 |
(22) Dimepheptanol; | 58 |
(23) Dimethylthiambutene; | 59 |
(24) Dioxaphetyl butyrate; | 60 |
(25) Dipipanone; | 61 |
(26) Ethylmethylthiambutene; | 62 |
(27) Etonitazene; | 63 |
(28) Etoxeridine; | 64 |
(29) Furethidine; | 65 |
(30) Hydroxypethidine; | 66 |
(31) Ketobemidone; | 67 |
(32) Levomoramide; | 68 |
(33) Levophenacylmorphan; | 69 |
(34) 3-methylfentanyl | 70 |
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N- phenylpropanamide); | 71 |
(35) 3-methylthiofentanyl | 72 |
(N-[3-methyl-1-[2-(thienyl)ethyl]-4-piperidinyl]-N- | 73 |
phenylpropanamide); | 74 |
(36) Morpheridine; | 75 |
(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine); | 76 |
(38) Noracymethadol; | 77 |
(39) Norlevorphanol; | 78 |
(40) Normethadone; | 79 |
(41) Norpipanone; | 80 |
(42) Para-fluorofentanyl | 81 |
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide; | 82 |
(43) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine; | 83 |
(44) Phenadoxone; | 84 |
(45) Phenampromide; | 85 |
(46) Phenomorphan; | 86 |
(47) Phenoperidine; | 87 |
(48) Piritramide; | 88 |
(49) Proheptazine; | 89 |
(50) Properidine; | 90 |
(51) Propiram; | 91 |
(52) Racemoramide; | 92 |
(53) Thiofentanyl | 93 |
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide; | 94 |
(54) Tilidine; | 95 |
(55) Trimeperidine. | 96 |
(B) Narcotics-opium derivatives | 97 |
Any of the following opium derivatives, including their | 98 |
salts, isomers, and salts of isomers, unless specifically excepted | 99 |
under federal drug abuse control laws, whenever the existence of | 100 |
these salts, isomers, and salts of isomers is possible within the | 101 |
specific chemical designation: | 102 |
(1) Acetorphine; | 103 |
(2) Acetyldihydrocodeine; | 104 |
(3) Benzylmorphine; | 105 |
(4) Codeine methylbromide; | 106 |
(5) Codeine-n-oxide; | 107 |
(6) Cyprenorphine; | 108 |
(7) Desomorphine; | 109 |
(8) Dihydromorphine; | 110 |
(9) Drotebanol; | 111 |
(10) Etorphine (except hydrochloride salt); | 112 |
(11) Heroin; | 113 |
(12) Hydromorphinol; | 114 |
(13) Methyldesorphine; | 115 |
(14) Methyldihydromorphine; | 116 |
(15) Morphine methylbromide; | 117 |
(16) Morphine methylsulfonate; | 118 |
(17) Morphine-n-oxide; | 119 |
(18) Myrophine; | 120 |
(19) Nicocodeine; | 121 |
(20) Nicomorphine; | 122 |
(21) Normorphine; | 123 |
(22) Pholcodine; | 124 |
(23) Thebacon. | 125 |
(C) Hallucinogens | 126 |
Any material, compound, mixture, or preparation that contains | 127 |
any quantity of the following hallucinogenic substances, including | 128 |
their salts, isomers, and salts of isomers, unless specifically | 129 |
excepted under federal drug abuse control laws, whenever the | 130 |
existence of these salts, isomers, and salts of isomers is | 131 |
possible within the specific chemical designation. For the | 132 |
purposes of this division only, "isomer" includes the optical | 133 |
isomers, position isomers, and geometric isomers. | 134 |
(1) Alpha-ethyltryptamine (some trade or other names: | 135 |
etryptamine; Monase; alpha-ethyl-1H-indole-3-ethanamine; | 136 |
3-(2-aminobutyl) indole; alpha-ET; and AET); | 137 |
(2) 4-bromo-2,5-dimethoxyamphetamine (some trade or other | 138 |
names: 4-bromo-2,5-dimethoxy-alpha-methyphenethylamine; | 139 |
4-bromo-2,5-DMA); | 140 |
(3) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other | 141 |
names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; | 142 |
alpha-desmethyl DOB; 2C-B, Nexus); | 143 |
(4) 2,5-dimethoxyamphetamine (some trade or other names: | 144 |
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA); | 145 |
(5) 2,5-dimethoxy-4-ethylamphetamine (some trade or other | 146 |
names: DOET); | 147 |
(6) 4-methoxyamphetamine (some trade or other names: | 148 |
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; | 149 |
PMA); | 150 |
(7) 5-methoxy-3,4-methylenedioxy-amphetamine; | 151 |
(8) 4-methyl-2,5-dimethoxy-amphetamine (some trade or other | 152 |
names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM" | 153 |
and "STP"); | 154 |
(9) 3,4-methylenedioxy amphetamine; | 155 |
(10) 3,4-methylenedioxymethamphetamine (MDMA); | 156 |
(11) 3,4-methylenedioxy-N-ethylamphetamine (also known as | 157 |
N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl | 158 |
MDA, MDE, MDEA); | 159 |
(12) N-hydroxy-3,4-methylenedioxyamphetamine (also known as | 160 |
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine and | 161 |
N-hydroxy MDA); | 162 |
(13) 3,4,5-trimethoxy amphetamine; | 163 |
(14) Bufotenine (some trade or other names: | 164 |
3-(beta-dimethylaminoethyl)-5-hydroxyindole; | 165 |
3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin; | 166 |
5-hydroxy-N, N-dimethyltryptamine; mappine); | 167 |
(15) Diethyltryptamine (some trade or other names: N, | 168 |
N-diethyltryptamine; DET); | 169 |
(16) Dimethyltryptamine (some trade or other names: DMT); | 170 |
(17) Ibogaine (some trade or other names: | 171 |
7-ethyl-6,6beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano- | 172 |
5H-pyrido[1',2':1,2] azepino [5, 4-b] indole; tabernanthe iboga); | 173 |
(18) Lysergic acid diethylamide; | 174 |
(19) Marihuana; | 175 |
(20) Mescaline; | 176 |
(21) Parahexyl (some trade or other names: 3-hexyl-1- | 177 |
hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran; | 178 |
synhexyl); | 179 |
(22) Peyote (meaning all parts of the plant presently | 180 |
classified botanically as "Lophophora williamsii Lemaire," whether | 181 |
growing or not, the seeds of that plant, any extract from any part | 182 |
of that plant, and every compound, manufacture, salts, derivative, | 183 |
mixture, or preparation of that plant, its seeds, or its | 184 |
extracts); | 185 |
(23) N-ethyl-3-piperidyl benzilate; | 186 |
(24) N-methyl-3-piperidyl benzilate; | 187 |
(25) Psilocybin; | 188 |
(26) Psilocyn; | 189 |
(27) Tetrahydrocannabinols (synthetic equivalents of the | 190 |
substances contained in the plant, or in the resinous extractives | 191 |
of Cannabis, sp. and/or synthetic substances, derivatives, and | 192 |
their isomers with similar chemical structure and pharmacological | 193 |
activity such as the following: delta-1-cis or trans | 194 |
tetrahydrocannabinol, and their optical isomers; delta-6-cis or | 195 |
trans tetrahydrocannabinol, and their optical isomers; | 196 |
delta-3,4-cis or trans tetrahydrocannabinol, and its optical | 197 |
isomers. (Since nomenclature of these substances is not | 198 |
internationally standardized, compounds of these structures, | 199 |
regardless of numerical designation of atomic positions, are | 200 |
covered.)); | 201 |
(28) Ethylamine analog of phencyclidine (some trade or other | 202 |
names: N-ethyl-1-phenylcyclohexylamine; | 203 |
(1-phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine; | 204 |
cyclohexamine; PCE); | 205 |
(29) Pyrrolidine analog of phencyclidine (some trade or other | 206 |
names: 1-(1-phenylcyclohexyl)pyrrolidine; PCPy; PHP); | 207 |
(30) Thiophene analog of phencyclidine (some trade or other | 208 |
names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine; 2-thienyl analog | 209 |
of phencyclidine; TPCP; TCP); | 210 |
(31) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine; | 211 |
(32) Hashish; | 212 |
(33) Salvia divinorum; | 213 |
(34) Salvinorin A; | 214 |
(35) 1-Pentyl-3-(1-naphthoyl)indole (some trade or other | 215 |
names: JWH-018); | 216 |
(36) 1-Butyl-3-(1-naphthoyl)indole (some trade or other | 217 |
names: JWH-073); | 218 |
(37) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (some | 219 |
trade or other names: JWH-200); | 220 |
(38) | 221 |
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol | 222 |
(some trade or other names: CP-47,497); | 223 |
(39) | 224 |
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (some | 225 |
trade or other names: cannabicyclohexanol; CP-47,497 C8 | 226 |
homologue) | 227 |
| 228 |
| 229 |
| 230 |
| 231 |
| 232 |
| 233 |
(D) Depressants | 234 |
Any material, compound, mixture, or preparation that contains | 235 |
any quantity of the following substances having a depressant | 236 |
effect on the central nervous system, including their salts, | 237 |
isomers, and salts of isomers, unless specifically excepted under | 238 |
federal drug abuse control laws, whenever the existence of these | 239 |
salts, isomers, and salts of isomers is possible within the | 240 |
specific chemical designation: | 241 |
(1) Mecloqualone; | 242 |
(2) Methaqualone. | 243 |
(E) Stimulants | 244 |
Unless specifically excepted or unless listed in another | 245 |
schedule, any material, compound, mixture, or preparation that | 246 |
contains any quantity of the following substances having a | 247 |
stimulant effect on the central nervous system, including their | 248 |
salts, isomers, and salts of isomers: | 249 |
(1) Aminorex (some other names: aminoxaphen; | 250 |
2-amino-5-phenyl-2-oxazoline; or | 251 |
4,5-dihydro-5-phenyl-2-oxazolamine); | 252 |
(2) Cathinone (some trade or other names: | 253 |
2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone, | 254 |
2-aminopropiophenone, and norephedrone); | 255 |
(3) Fenethylline; | 256 |
(4) Methcathinone (some other names: | 257 |
2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone; | 258 |
2-methylamino)-1-phenylpropan-1-one; | 259 |
alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; | 260 |
N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and | 261 |
UR1432, its salts, optical isomers, and salts of optical isomers; | 262 |
(5) (+/-)cis-4-methylaminorex | 263 |
((+/-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine); | 264 |
(6) N-ethylamphetamine; | 265 |
(7) N,N-dimethylamphetamine (also known as | 266 |
N,N-alpha-trimethyl-benzeneethanamine; | 267 |
N,N-alpha-trimethylphenethylamine); | 268 |
(8) Methylone (3,4-methylenedioxymethcathinone); | 269 |
(9) MDPV (3,4-methylenedioxypyrovalerone); | 270 |
(10) Mephedrone (4-methylmethcathinone); | 271 |
(11) 4-methoxymethcathinone; | 272 |
(12) 4-fluoromethcathinone; | 273 |
(13) 3-fluoromethcathinone. | 274 |
275 | |
(A) Narcotics-opium and opium derivatives | 276 |
Unless specifically excepted under federal drug abuse control | 277 |
laws or unless listed in another schedule, any of the following | 278 |
substances whether produced directly or indirectly by extraction | 279 |
from substances of vegetable origin, independently by means of | 280 |
chemical synthesis, or by a combination of extraction and chemical | 281 |
synthesis: | 282 |
(1) Opium and opiate, and any salt, compound, derivative, or | 283 |
preparation of opium or opiate, excluding apomorphine, | 284 |
thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene, | 285 |
naloxone, and naltrexone, and their respective salts, but | 286 |
including the following: | 287 |
(a) Raw opium; | 288 |
(b) Opium extracts; | 289 |
(c) Opium fluid extracts; | 290 |
(d) Powdered opium; | 291 |
(e) Granulated opium; | 292 |
(f) Tincture of opium; | 293 |
(g) Codeine; | 294 |
(h) Ethylmorphine; | 295 |
(i) Etorphine hydrochloride; | 296 |
(j) Hydrocodone; | 297 |
(k) Hydromorphone; | 298 |
(l) Metopon; | 299 |
(m) Morphine; | 300 |
(n) Oxycodone; | 301 |
(o) Oxymorphone; | 302 |
(p) Thebaine. | 303 |
(2) Any salt, compound, derivative, or preparation thereof | 304 |
that is chemically equivalent to or identical with any of the | 305 |
substances referred to in division (A)(1) of this schedule, except | 306 |
that these substances shall not include the isoquinoline alkaloids | 307 |
of opium; | 308 |
(3) Opium poppy and poppy straw; | 309 |
(4) Coca leaves and any salt, compound, derivative, or | 310 |
preparation of coca leaves (including cocaine and ecgonine, their | 311 |
salts, isomers, and derivatives, and salts of those isomers and | 312 |
derivatives), and any salt, compound, derivative, or preparation | 313 |
thereof that is chemically equivalent to or identical with any of | 314 |
these substances, except that the substances shall not include | 315 |
decocainized coca leaves or extraction of coca leaves, which | 316 |
extractions do not contain cocaine or ecgonine; | 317 |
(5) Concentrate of poppy straw (the crude extract of poppy | 318 |
straw in either liquid, solid, or powder form that contains the | 319 |
phenanthrene alkaloids of the opium poppy). | 320 |
(B) Narcotics-opiates | 321 |
Unless specifically excepted under federal drug abuse control | 322 |
laws or unless listed in another schedule, any of the following | 323 |
opiates, including their isomers, esters, ethers, salts, and salts | 324 |
of isomers, esters, and ethers, whenever the existence of these | 325 |
isomers, esters, ethers, and salts is possible within the specific | 326 |
chemical designation, but excluding dextrorphan and | 327 |
levopropoxyphene: | 328 |
(1) Alfentanil; | 329 |
(2) Alphaprodine; | 330 |
(3) Anileridine; | 331 |
(4) Bezitramide; | 332 |
(5) Bulk dextropropoxyphene (non-dosage forms); | 333 |
(6) Carfentanil; | 334 |
(7) Dihydrocodeine; | 335 |
(8) Diphenoxylate; | 336 |
(9) Fentanyl; | 337 |
(10) Isomethadone; | 338 |
(11) Levo-alphacetylmethadol (some other names: | 339 |
levo-alpha-acetylmethadol; levomethadyl acetate; LAAM); | 340 |
(12) Levomethorphan; | 341 |
(13) Levorphanol; | 342 |
(14) Metazocine; | 343 |
(15) Methadone; | 344 |
(16) Methadone-intermediate, | 345 |
4-cyano-2-dimethylamino-4,4-diphenyl butane; | 346 |
(17) Moramide-intermediate, | 347 |
2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid; | 348 |
(18) Pethidine (meperidine); | 349 |
(19) Pethidine-intermediate-A, | 350 |
4-cyano-1-methyl-4-phenylpiperidine; | 351 |
(20) Pethidine-intermediate-B, | 352 |
ethyl-4-phenylpiperidine-4-carboxylate; | 353 |
(21) Pethidine-intermediate-C, | 354 |
1-methyl-4-phenylpiperidine-4-carboxylic acid; | 355 |
(22) Phenazocine; | 356 |
(23) Piminodine; | 357 |
(24) Racemethorphan; | 358 |
(25) Racemorphan; | 359 |
(26) Remifentanil; | 360 |
(27) Sufentanil. | 361 |
(C) Stimulants | 362 |
Unless specifically excepted under federal drug abuse control | 363 |
laws or unless listed in another schedule, any material, compound, | 364 |
mixture, or preparation that contains any quantity of the | 365 |
following substances having a stimulant effect on the central | 366 |
nervous system: | 367 |
(1) Amphetamine, its salts, its optical isomers, and salts of | 368 |
its optical isomers; | 369 |
(2) Methamphetamine, its salts, its isomers, and salts of its | 370 |
isomers; | 371 |
(3) Methylphenidate; | 372 |
(4) Phenmetrazine and its salts. | 373 |
(D) Depressants | 374 |
Unless specifically excepted under federal drug abuse control | 375 |
laws or unless listed in another schedule, any material, compound, | 376 |
mixture, or preparation that contains any quantity of the | 377 |
following substances having a depressant effect on the central | 378 |
nervous system, including their salts, isomers, and salts of | 379 |
isomers, whenever the existence of these salts, isomers, and salts | 380 |
of isomers is possible within the specific chemical designation: | 381 |
(1) Amobarbital; | 382 |
(2) Gamma-hydroxy-butyrate; | 383 |
(3) Glutethimide; | 384 |
(4) Pentobarbital; | 385 |
(5) Phencyclidine (some trade or other names: | 386 |
1-(1-phenylcyclohexyl)piperidine; PCP); | 387 |
(6) Secobarbital; | 388 |
(7) 1-aminophenylcyclohexane and all N-mono-substituted | 389 |
and/or all N-N-disubstituted analogs including, but not limited | 390 |
to, the following: | 391 |
(a) 1-phenylcyclohexylamine; | 392 |
(b) (1-phenylcyclohexyl) methylamine; | 393 |
(c) (1-phenylcyclohexyl) dimethylamine; | 394 |
(d) (1-phenylcyclohexyl) methylethylamine; | 395 |
(e) (1-phenylcyclohexyl) isopropylamine; | 396 |
(f) 1-(1-phenylcyclohexyl) morpholine. | 397 |
(E) Hallucinogenic substances | 398 |
(1) Nabilone (another name for nabilone: | 399 |
(+)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1- | 400 |
hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one). | 401 |
(F) Immediate precursors | 402 |
Unless specifically excepted under federal drug abuse control | 403 |
laws or unless listed in another schedule, any material, compound, | 404 |
mixture, or preparation that contains any quantity of the | 405 |
following substances: | 406 |
(1) Immediate precursor to amphetamine and methamphetamine: | 407 |
(a) Phenylacetone (some trade or other names: | 408 |
phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl | 409 |
ketone); | 410 |
(2) Immediate precursors to phencyclidine (PCP): | 411 |
(a) 1-phenylcyclohexylamine; | 412 |
(b) 1-piperidinocyclohexanecarbonitrile (PCC). | 413 |
414 | |
(A) Stimulants | 415 |
Unless specifically excepted under federal drug abuse control | 416 |
laws or unless listed in another schedule, any material, compound, | 417 |
mixture, or preparation that contains any quantity of the | 418 |
following substances having a stimulant effect on the central | 419 |
nervous system, including their salts, their optical isomers, | 420 |
position isomers, or geometric isomers, and salts of these | 421 |
isomers, whenever the existence of these salts, isomers, and salts | 422 |
of isomers is possible within the specific chemical designation: | 423 |
(1) All stimulant compounds, mixtures, and preparations | 424 |
included in schedule III pursuant to the federal drug abuse | 425 |
control laws and regulations adopted under those laws; | 426 |
(2) Benzphetamine; | 427 |
(3) Chlorphentermine; | 428 |
(4) Clortermine; | 429 |
(5) Phendimetrazine. | 430 |
(B) Depressants | 431 |
Unless specifically excepted under federal drug abuse control | 432 |
laws or unless listed in another schedule, any material, compound, | 433 |
mixture, or preparation that contains any quantity of the | 434 |
following substances having a depressant effect on the central | 435 |
nervous system: | 436 |
(1) Any compound, mixture, or preparation containing | 437 |
amobarbital, secobarbital, pentobarbital, or any salt of any of | 438 |
these drugs, and one or more other active medicinal ingredients | 439 |
that are not listed in any schedule; | 440 |
(2) Any suppository dosage form containing amobarbital, | 441 |
secobarbital, pentobarbital, or any salt of any of these drugs and | 442 |
approved by the food and drug administration for marketing only as | 443 |
a suppository; | 444 |
(3) Any substance that contains any quantity of a derivative | 445 |
of barbituric acid or any salt of a derivative of barbituric acid; | 446 |
(4) Chlorhexadol; | 447 |
(5) Ketamine, its salts, isomers, and salts of isomers (some | 448 |
other names for ketamine: | 449 |
(+/-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone); | 450 |
(6) Lysergic acid; | 451 |
(7) Lysergic acid amide; | 452 |
(8) Methyprylon; | 453 |
(9) Sulfondiethylmethane; | 454 |
(10) Sulfonethylmethane; | 455 |
(11) Sulfonmethane; | 456 |
(12) Tiletamine, zolazepam, or any salt of tiletamine or | 457 |
zolazepam (some trade or other names for a tiletamine-zolazepam | 458 |
combination product: Telazol); (some trade or other names for | 459 |
tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone); (some | 460 |
trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8- | 461 |
dihydro-1,3,8-trimethylpyrazolo-[3, 4-e][1,4]-diazepin-7(1H)-one; | 462 |
flupyrazapon). | 463 |
(C) Narcotic antidotes | 464 |
(1) Nalorphine. | 465 |
(D) Narcotics-narcotic preparations | 466 |
Unless specifically excepted under federal drug abuse control | 467 |
laws or unless listed in another schedule, any material, compound, | 468 |
mixture, or preparation that contains any of the following | 469 |
narcotic drugs, or their salts calculated as the free anhydrous | 470 |
base or alkaloid, in limited quantities as set forth below: | 471 |
(1) Not more than 1.8 grams of codeine per 100 milliliters or | 472 |
not more than 90 milligrams per dosage unit, with an equal or | 473 |
greater quantity of an isoquinoline alkaloid of opium; | 474 |
(2) Not more than 1.8 grams of codeine per 100 milliliters or | 475 |
not more than 90 milligrams per dosage unit, with one or more | 476 |
active, nonnarcotic ingredients in recognized therapeutic amounts; | 477 |
(3) Not more than 300 milligrams of dihydrocodeinone per 100 | 478 |
milliliters or not more than 15 milligrams per dosage unit, with a | 479 |
fourfold or greater quantity of an isoquinoline alkaloid of opium; | 480 |
(4) Not more than 300 milligrams of dihydrocodeinone per 100 | 481 |
milliliters or not more than 15 milligrams per dosage unit, with | 482 |
one or more active, nonnarcotic ingredients in recognized | 483 |
therapeutic amounts; | 484 |
(5) Not more than 1.8 grams of dihydrocodeine per 100 | 485 |
milliliters or not more than 90 milligrams per dosage unit, with | 486 |
one or more active, nonnarcotic ingredients in recognized | 487 |
therapeutic amounts; | 488 |
(6) Not more than 300 milligrams of ethylmorphine per 100 | 489 |
milliliters or not more than 15 milligrams per dosage unit, with | 490 |
one or more active, nonnarcotic ingredients in recognized | 491 |
therapeutic amounts; | 492 |
(7) Not more than 500 milligrams of opium per 100 milliliters | 493 |
or per 100 grams or not more than 25 milligrams per dosage unit, | 494 |
with one or more active, nonnarcotic ingredients in recognized | 495 |
therapeutic amounts; | 496 |
(8) Not more than 50 milligrams of morphine per 100 | 497 |
milliliters or per 100 grams, with one or more active, nonnarcotic | 498 |
ingredients in recognized therapeutic amounts. | 499 |
(E) Anabolic steroids | 500 |
Unless specifically excepted under federal drug abuse control | 501 |
laws or unless listed in another schedule, any material, compound, | 502 |
mixture, or preparation that contains any quantity of the | 503 |
following substances, including their salts, esters, isomers, and | 504 |
salts of esters and isomers, whenever the existence of these | 505 |
salts, esters, and isomers is possible within the specific | 506 |
chemical designation: | 507 |
(1) Anabolic steroids. Except as otherwise provided in | 508 |
division (E)(1) of schedule III, "anabolic steroids" means any | 509 |
drug or hormonal substance that is chemically and | 510 |
pharmacologically related to testosterone (other than estrogens, | 511 |
progestins, and corticosteroids) and that promotes muscle growth. | 512 |
"Anabolic steroids" does not include an anabolic steroid that is | 513 |
expressly intended for administration through implants to cattle | 514 |
or other nonhuman species and that has been approved by the United | 515 |
States secretary of health and human services for that | 516 |
administration, unless a person prescribes, dispenses, or | 517 |
distributes this type of anabolic steroid for human use. "Anabolic | 518 |
steroid" includes, but is not limited to, the following: | 519 |
(a) Boldenone; | 520 |
(b) Chlorotestosterone (4-chlortestosterone); | 521 |
(c) Clostebol; | 522 |
(d) Dehydrochlormethyltestosterone; | 523 |
(e) Dihydrotestosterone (4-dihydrotestosterone); | 524 |
(f) Drostanolone; | 525 |
(g) Ethylestrenol; | 526 |
(h) Fluoxymesterone; | 527 |
(i) Formebulone (formebolone); | 528 |
(j) Mesterolone; | 529 |
(k) Methandienone; | 530 |
(l) Methandranone; | 531 |
(m) Methandriol; | 532 |
(n) Methandrostenolone; | 533 |
(o) Methenolone; | 534 |
(p) Methyltestosterone; | 535 |
(q) Mibolerone; | 536 |
(r) Nandrolone; | 537 |
(s) Norethandrolone; | 538 |
(t) Oxandrolone; | 539 |
(u) Oxymesterone; | 540 |
(v) Oxymetholone; | 541 |
(w) Stanolone; | 542 |
(x) Stanozolol; | 543 |
(y) Testolactone; | 544 |
(z) Testosterone; | 545 |
(aa) Trenbolone; | 546 |
(bb) Any salt, ester, isomer, or salt of an ester or isomer | 547 |
of a drug or hormonal substance described or listed in division | 548 |
(E)(1) of schedule III if the salt, ester, or isomer promotes | 549 |
muscle growth. | 550 |
(F) Hallucinogenic substances | 551 |
(1) Dronabinol (synthetic) in sesame oil and encapsulated in | 552 |
a soft gelatin capsule in a United States food and drug | 553 |
administration approved drug product (some other names for | 554 |
dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro- | 555 |
6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or | 556 |
(-)-delta-9-(trans)-tetrahydrocannabinol). | 557 |
558 | |
(A) Narcotic drugs | 559 |
Unless specifically excepted by federal drug abuse control | 560 |
laws or unless listed in another schedule, any material, compound, | 561 |
mixture, or preparation that contains any of the following | 562 |
narcotic drugs, or their salts calculated as the free anhydrous | 563 |
base or alkaloid, in limited quantities as set forth below: | 564 |
(1) Not more than one milligram of difenoxin and not less | 565 |
than 25 micrograms of atropine sulfate per dosage unit; | 566 |
(2) Dextropropoxyphene | 567 |
(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2- | 568 |
propionoxybutane)[final dosage forms]. | 569 |
(B) Depressants | 570 |
Unless specifically excepted under federal drug abuse control | 571 |
laws or unless listed in another schedule, any material, compound, | 572 |
mixture, or preparation that contains any quantity of the | 573 |
following substances, including their salts, isomers, and salts of | 574 |
isomers, whenever the existence of these salts, isomers, and salts | 575 |
of isomers is possible within the specific chemical designation: | 576 |
(1) Alprazolam; | 577 |
(2) Barbital; | 578 |
(3) Bromazepam; | 579 |
(4) Camazepam; | 580 |
(5) Chloral betaine; | 581 |
(6) Chloral hydrate; | 582 |
(7) Chlordiazepoxide; | 583 |
(8) Clobazam; | 584 |
(9) Clonazepam; | 585 |
(10) Clorazepate; | 586 |
(11) Clotiazepam; | 587 |
(12) Cloxazolam; | 588 |
(13) Delorazepam; | 589 |
(14) Diazepam; | 590 |
(15) Estazolam; | 591 |
(16) Ethchlorvynol; | 592 |
(17) Ethinamate; | 593 |
(18) Ethyl loflazepate; | 594 |
(19) Fludiazepam; | 595 |
(20) Flunitrazepam; | 596 |
(21) Flurazepam; | 597 |
(22) Halazepam; | 598 |
(23) Haloxazolam; | 599 |
(24) Ketazolam; | 600 |
(25) Loprazolam; | 601 |
(26) Lorazepam; | 602 |
(27) Lormetazepam; | 603 |
(28) Mebutamate; | 604 |
(29) Medazepam; | 605 |
(30) Meprobamate; | 606 |
(31) Methohexital; | 607 |
(32) Methylphenobarbital (mephobarbital); | 608 |
(33) Midazolam; | 609 |
(34) Nimetazepam; | 610 |
(35) Nitrazepam; | 611 |
(36) Nordiazepam; | 612 |
(37) Oxazepam; | 613 |
(38) Oxazolam; | 614 |
(39) Paraldehyde; | 615 |
(40) Petrichloral; | 616 |
(41) Phenobarbital; | 617 |
(42) Pinazepam; | 618 |
(43) Prazepam; | 619 |
(44) Quazepam; | 620 |
(45) Temazepam; | 621 |
(46) Tetrazepam; | 622 |
(47) Triazolam; | 623 |
(48) Zaleplon; | 624 |
(49) Zolpidem. | 625 |
(C) Fenfluramine | 626 |
Any material, compound, mixture, or preparation that contains | 627 |
any quantity of the following substances, including their salts, | 628 |
their optical isomers, position isomers, or geometric isomers, and | 629 |
salts of these isomers, whenever the existence of these salts, | 630 |
isomers, and salts of isomers is possible within the specific | 631 |
chemical designation: | 632 |
(1) Fenfluramine. | 633 |
(D) Stimulants | 634 |
Unless specifically excepted under federal drug abuse control | 635 |
laws or unless listed in another schedule, any material, compound, | 636 |
mixture, or preparation that contains any quantity of the | 637 |
following substances having a stimulant effect on the central | 638 |
nervous system, including their salts, their optical isomers, | 639 |
position isomers, or geometric isomers, and salts of these | 640 |
isomers, whenever the existence of these salts, isomers, and salts | 641 |
of isomers is possible within the specific chemical designation: | 642 |
(1) Cathine ((+)-norpseudoephedrine); | 643 |
(2) Diethylpropion; | 644 |
(3) Fencamfamin; | 645 |
(4) Fenproporex; | 646 |
(5) Mazindol; | 647 |
(6) Mefenorex; | 648 |
(7) Modafinil; | 649 |
(8) Pemoline (including organometallic complexes and chelates | 650 |
thereof); | 651 |
(9) Phentermine; | 652 |
(10) Pipradrol; | 653 |
(11) Sibutramine; | 654 |
(12) SPA [(-)-1-dimethylamino-1,2-diphenylethane]. | 655 |
(E) Other substances | 656 |
Unless specifically excepted under federal drug abuse control | 657 |
laws or unless listed in another schedule, any material, compound, | 658 |
mixture, or preparation that contains any quantity of the | 659 |
following substances, including their salts: | 660 |
(1) Pentazocine; | 661 |
(2) Butorphanol (including its optical isomers). | 662 |
663 | |
(A) Narcotic drugs | 664 |
Unless specifically excepted under federal drug abuse control | 665 |
laws or unless listed in another schedule, any material, compound, | 666 |
mixture, or preparation that contains any of the following | 667 |
narcotic drugs, and their salts, as set forth below: | 668 |
(1) Buprenorphine. | 669 |
(B) Narcotics-narcotic preparations | 670 |
Narcotic drugs containing non-narcotic active medicinal | 671 |
ingredients. Any compound, mixture, or preparation that contains | 672 |
any of the following narcotic drugs, or their salts calculated as | 673 |
the free anhydrous base or alkaloid, in limited quantities as set | 674 |
forth below, and that includes one or more nonnarcotic active | 675 |
medicinal ingredients in sufficient proportion to confer upon the | 676 |
compound, mixture, or preparation valuable medicinal qualities | 677 |
other than those possessed by narcotic drugs alone: | 678 |
(1) Not more than 200 milligrams of codeine per 100 | 679 |
milliliters or per 100 grams; | 680 |
(2) Not more than 100 milligrams of dihydrocodeine per 100 | 681 |
milliliters or per 100 grams; | 682 |
(3) Not more than 100 milligrams of ethylmorphine per 100 | 683 |
milliliters or per 100 grams; | 684 |
(4) Not more than 2.5 milligrams of diphenoxylate and not | 685 |
less than 25 micrograms of atropine sulfate per dosage unit; | 686 |
(5) Not more than 100 milligrams of opium per 100 milliliters | 687 |
or per 100 grams; | 688 |
(6) Not more than 0.5 milligram of difenoxin and not less | 689 |
than 25 micrograms of atropine sulfate per dosage unit. | 690 |
(C) Stimulants | 691 |
Unless specifically exempted or excluded under federal drug | 692 |
abuse control laws or unless listed in another schedule, any | 693 |
material, compound, mixture, or preparation that contains any | 694 |
quantity of the following substances having a stimulant effect on | 695 |
the central nervous system, including their salts, isomers, and | 696 |
salts of isomers: | 697 |
(1) Ephedrine, except as provided in division (K) of section | 698 |
3719.44 of the Revised Code; | 699 |
(2) Pyrovalerone. | 700 |
Sec. 4715.033. (A) All subpoenas the state dental board | 701 |
seeks to issue with respect to an investigation shall, subject to | 702 |
division (B) of this section, be authorized by the supervisory | 703 |
investigative panel. | 704 |
(B) Before the supervisory investigative panel authorizes the | 705 |
board to issue a subpoena, the panel shall consult with the office | 706 |
of the attorney general and determine whether there is probable | 707 |
cause to believe that the complaint filed alleges a violation of | 708 |
this chapter or any rule adopted under it and that the information | 709 |
sought pursuant to the subpoena is relevant to the alleged | 710 |
violation and material to the investigation. | 711 |
(C)(1) Any subpoena to compel the production of records that | 712 |
the board issues after authorization by the supervisory | 713 |
investigative panel shall pertain to records that cover a | 714 |
reasonable period of time surrounding the alleged violation. | 715 |
(2)(a) Except as provided in division (C)(2)(b) of this | 716 |
section, the subpoena shall state that the person being subpoenaed | 717 |
has a reasonable period of time that is not less than | 718 |
calendar days to comply with the subpoena. | 719 |
(b) If the board's secretary determines that the person being | 720 |
subpoenaed represents a clear and immediate danger to the public | 721 |
health and safety, the subpoena shall state that the person being | 722 |
subpoenaed must immediately comply with the subpoena. | 723 |
(D) On a person's failure to comply with a subpoena issued by | 724 |
the board and after reasonable notice to that person of the | 725 |
failure, the board may move for an order compelling the production | 726 |
of persons or records pursuant to the Rules of Civil Procedure. | 727 |
Sec. 4715.034. (A) At any time during an investigation, the | 728 |
supervisory investigative panel may ask to meet with the | 729 |
individual who is the subject of the investigation. At the | 730 |
conclusion of the investigation, the panel shall recommend that | 731 |
the state dental board do one of the following: | 732 |
(1) Pursue disciplinary action under section 4715.30 of the | 733 |
Revised Code; | 734 |
(2) Seek an injunction under section 4715.05 of the Revised | 735 |
Code; | 736 |
(3) Enter into a consent agreement if the subject of the | 737 |
investigation is a licensee; | 738 |
(4) Refer the individual to the quality intervention program, | 739 |
if that program is developed and implemented under section | 740 |
4715.031 of the Revised Code and the subject of the investigation | 741 |
is a licensee; | 742 |
(5) Terminate the investigation. | 743 |
(B) The supervisory investigative panel's recommendation | 744 |
shall be in writing and specify the reasons for the | 745 |
recommendation. Except as provided in section 4715.035 of the | 746 |
Revised Code, the panel shall make its recommendation not later | 747 |
than one year after the date the panel begins to supervise the | 748 |
investigation or, if the investigation pertains to an alleged | 749 |
violation of division (A) | 750 |
Code, not later than two years after the panel begins to supervise | 751 |
the investigation. | 752 |
Once the panel makes its recommendation, the members of the | 753 |
panel shall not participate in any deliberations the board has on | 754 |
the case. | 755 |
Sec. 4715.30. (A) An applicant for or holder of a | 756 |
certificate or license issued under this chapter is subject to | 757 |
disciplinary action by the state dental board for any of the | 758 |
following reasons: | 759 |
(1) Employing or cooperating in fraud or material deception | 760 |
in applying for or obtaining a license or certificate; | 761 |
(2) Obtaining or attempting to obtain money or anything of | 762 |
value by intentional misrepresentation or material deception in | 763 |
the course of practice; | 764 |
(3) | 765 |
766 | |
767 | |
statement in the solicitation of or advertising for patients, or | 768 |
in relation to the practice of dentistry, by making a statement to | 769 |
which any of the following apply: it includes a misrepresentation | 770 |
of fact, it is likely to mislead or deceive because of a failure | 771 |
to disclose material facts, it is intended or is likely to create | 772 |
false or unjustified expectations of favorable results, or it | 773 |
includes representations or implications that in reasonable | 774 |
probability will cause an ordinarily prudent person to | 775 |
misunderstand or be deceived; | 776 |
(4) Commission of an act that constitutes a felony in this | 777 |
state, regardless of the jurisdiction in which the act was | 778 |
committed; | 779 |
(5) Commission of an act in the course of practice that | 780 |
constitutes a misdemeanor in this state, regardless of the | 781 |
jurisdiction in which the act was committed; | 782 |
| 783 |
of guilt of, a judicial finding of guilt resulting from a plea of | 784 |
no contest to, or a judicial finding of eligibility for | 785 |
intervention in lieu of conviction for, any felony or of a | 786 |
misdemeanor committed in the course of practice | 787 |
| 788 |
the provision of dental services; | 789 |
| 790 |
drugs for other than legal and legitimate therapeutic purposes, or | 791 |
conviction of | 792 |
of guilt of, a judicial finding of guilt resulting from a plea of | 793 |
no contest to, or a judicial finding of eligibility for | 794 |
intervention in lieu of conviction for, a violation of any | 795 |
796 | |
possession, distribution, or use of any drug; | 797 |
| 798 |
function dental auxiliaries, or other practitioners of auxiliary | 799 |
dental occupations working under the certificate or license | 800 |
holder's supervision, or a dentist holding a temporary limited | 801 |
continuing education license under division (C) of section 4715.16 | 802 |
of the Revised Code working under the certificate or license | 803 |
holder's direct supervision, to provide dental care that departs | 804 |
from or fails to conform to accepted standards for the profession, | 805 |
whether or not injury to a patient results; | 806 |
| 807 |
profession because of physical or mental disability, dependence on | 808 |
alcohol or other drugs, or excessive use of alcohol or other | 809 |
drugs; | 810 |
| 811 |
rule adopted thereunder; | 812 |
| 813 |
precautions established by rules adopted under section 4715.03 of | 814 |
the Revised Code; | 815 |
| 816 |
either of the following: | 817 |
(a) Waiving the payment of all or any part of a deductible or | 818 |
copayment that a patient, pursuant to a health insurance or health | 819 |
care policy, contract, or plan that covers dental services, would | 820 |
otherwise be required to pay if the waiver is used as an | 821 |
enticement to a patient or group of patients to receive health | 822 |
care services from that | 823 |
| 824 |
will waive the payment of all or any part of a deductible or | 825 |
copayment that a patient, pursuant to a health insurance or health | 826 |
care policy, contract, or plan that covers dental services, would | 827 |
otherwise be required to pay | 828 |
| 829 |
Revised Code, unless the state board of pharmacy no longer | 830 |
maintains a drug database pursuant to section 4729.75 of the | 831 |
Revised Code; | 832 |
(15) Any of the following actions taken by an agency | 833 |
responsible for authorizing, certifying, or regulating an | 834 |
individual to practice a health care occupation or provide health | 835 |
care services in this state or another jurisdiction, for any | 836 |
reason other than the nonpayment of fees: the limitation, | 837 |
revocation, or suspension of an individual's license to practice; | 838 |
acceptance of an individual's license surrender; denial of a | 839 |
license; refusal to renew or reinstate a license; imposition of | 840 |
probation; or issuance of an order of censure or other reprimand; | 841 |
(16) Failure to cooperate in an investigation conducted by | 842 |
the board under division (D) of section 4715.03 of the Revised | 843 |
Code, including failure to comply with a subpoena or order issued | 844 |
by the board or failure to answer truthfully a question presented | 845 |
by the board at a deposition or in written interrogatories, except | 846 |
that failure to cooperate with an investigation shall not | 847 |
constitute grounds for discipline under this section if a court of | 848 |
competent jurisdiction has issued an order that either quashes a | 849 |
subpoena or permits the individual to withhold the testimony or | 850 |
evidence in issue. | 851 |
(B) A manager, proprietor, operator, or conductor of a dental | 852 |
facility shall be subject to disciplinary action if any dentist, | 853 |
dental hygienist, expanded function dental auxiliary, or qualified | 854 |
personnel providing services in the facility is found to have | 855 |
committed a violation listed in division (A) of this section and | 856 |
the manager, proprietor, operator, or conductor knew of the | 857 |
violation and permitted it to occur on a recurring basis. | 858 |
(C) Subject to Chapter 119. of the Revised Code, the board | 859 |
may take one or more of the following disciplinary actions if one | 860 |
or more of the grounds for discipline listed in divisions (A) and | 861 |
(B) of this section exist: | 862 |
(1) Censure the license or certificate holder; | 863 |
(2) Place the license or certificate on probationary status | 864 |
for such period of time the board determines necessary and require | 865 |
the holder to: | 866 |
(a) Report regularly to the board upon the matters which are | 867 |
the basis of probation; | 868 |
(b) Limit practice to those areas specified by the board; | 869 |
(c) Continue or renew professional education until a | 870 |
satisfactory degree of knowledge or clinical competency has been | 871 |
attained in specified areas. | 872 |
(3) Suspend the certificate or license; | 873 |
(4) Revoke the certificate or license. | 874 |
Where the board places a holder of a license or certificate | 875 |
on probationary status pursuant to division (C)(2) of this | 876 |
section, the board may subsequently suspend or revoke the license | 877 |
or certificate if it determines that the holder has not met the | 878 |
requirements of the probation or continues to engage in activities | 879 |
that constitute grounds for discipline pursuant to division (A) or | 880 |
(B) of this section. | 881 |
Any order suspending a license or certificate shall state the | 882 |
conditions under which the license or certificate will be | 883 |
restored, which may include a conditional restoration during which | 884 |
time the holder is in a probationary status pursuant to division | 885 |
(C)(2) of this section. The board shall restore the license or | 886 |
certificate unconditionally when such conditions are met. | 887 |
(D) If the physical or mental condition of an applicant or a | 888 |
license or certificate holder is at issue in a disciplinary | 889 |
proceeding, the board may order the license or certificate holder | 890 |
to submit to reasonable examinations by an individual designated | 891 |
or approved by the board and at the board's expense. The physical | 892 |
examination may be conducted by any individual authorized by the | 893 |
Revised Code to do so, including a physician assistant, a clinical | 894 |
nurse specialist, a certified nurse practitioner, or a certified | 895 |
nurse-midwife. Any written documentation of the physical | 896 |
examination shall be completed by the individual who conducted the | 897 |
examination. | 898 |
Failure to comply with an order for an examination shall be | 899 |
grounds for refusal of a license or certificate or summary | 900 |
suspension of a license or certificate under division (E) of this | 901 |
section. | 902 |
(E) If | 903 |
certificate holder | 904 |
905 | |
906 | |
under division (D) of this section, the board may apply to the | 907 |
court of common pleas of the county in which the holder resides | 908 |
for an order temporarily suspending the holder's license or | 909 |
certificate, without a prior hearing being afforded by the board, | 910 |
until the board conducts an adjudication hearing pursuant to | 911 |
Chapter 119. of the Revised Code. If the court temporarily | 912 |
suspends a holder's license or certificate, the board shall give | 913 |
written notice of the suspension personally or by certified mail | 914 |
to the license or certificate holder. Such notice shall | 915 |
916 | |
917 | |
license or certificate holder of the right to a hearing pursuant | 918 |
to Chapter 119. of the Revised Code. | 919 |
(F) Any holder of a certificate or license issued under this | 920 |
chapter who has pleaded guilty to, has been convicted of, or has | 921 |
had a judicial finding of eligibility for intervention in lieu of | 922 |
conviction entered against the holder in this state for aggravated | 923 |
murder, murder, voluntary manslaughter, felonious assault, | 924 |
kidnapping, rape, sexual battery, gross sexual imposition, | 925 |
aggravated arson, aggravated robbery, or aggravated burglary, or | 926 |
who has pleaded guilty to, has been convicted of, or has had a | 927 |
judicial finding of eligibility for treatment or intervention in | 928 |
lieu of conviction entered against the holder in another | 929 |
jurisdiction for any substantially equivalent criminal offense, is | 930 |
automatically suspended from practice under this chapter in this | 931 |
state and any certificate or license issued to the holder under | 932 |
this chapter is automatically suspended, as of the date of the | 933 |
guilty plea, conviction, or judicial finding, whether the | 934 |
proceedings are brought in this state or another jurisdiction. | 935 |
Continued practice by an individual after the suspension of the | 936 |
individual's certificate or license under this division shall be | 937 |
considered practicing without a certificate or license. The board | 938 |
shall notify the suspended individual of the suspension of the | 939 |
individual's certificate or license under this division by | 940 |
certified mail or in person in accordance with section 119.07 of | 941 |
the Revised Code. If an individual whose certificate or license is | 942 |
suspended under this division fails to make a timely request for | 943 |
an adjudicatory hearing, the board shall enter a final order | 944 |
revoking the individual's certificate or license. | 945 |
(G) | 946 |
947 | |
determines both of the following, the panel may recommend that the | 948 |
board suspend an individual's certificate or license without a | 949 |
prior hearing: | 950 |
(1) That there is clear and convincing evidence that an | 951 |
individual has violated division (A) of this section; | 952 |
(2) That the individual's continued practice presents a | 953 |
danger of immediate and serious harm to the public. | 954 |
Written allegations shall be prepared for consideration by | 955 |
the board. The board, upon review of those allegations and by an | 956 |
affirmative vote of not fewer than four dentist members of the | 957 |
board and seven of its members in total, excluding any member on | 958 |
the supervisory investigative panel, may suspend a certificate or | 959 |
license without a prior hearing. A telephone conference call may | 960 |
be utilized for reviewing the allegations and taking the vote on | 961 |
the summary suspension. | 962 |
The board shall issue a written order of suspension by | 963 |
certified mail or in person in accordance with section 119.07 of | 964 |
the Revised Code. The order shall not be subject to suspension by | 965 |
the court during pendency or any appeal filed under section 119.12 | 966 |
of the Revised Code. If the individual subject to the summary | 967 |
suspension requests an adjudicatory hearing by the board, the date | 968 |
set for the hearing shall be within fifteen days, but not earlier | 969 |
than seven days, after the individual requests the hearing, unless | 970 |
otherwise agreed to by both the board and the individual. | 971 |
Any summary suspension imposed under this division shall | 972 |
remain in effect, unless reversed on appeal, until a final | 973 |
adjudicative order issued by the board pursuant to this section | 974 |
and Chapter 119. of the Revised Code becomes effective. The board | 975 |
shall issue its final adjudicative order within seventy-five days | 976 |
after completion of its hearing. A failure to issue the order | 977 |
within seventy-five days shall result in dissolution of the | 978 |
summary suspension order but shall not invalidate any subsequent, | 979 |
final adjudicative order. | 980 |
(H) Sanctions shall not be imposed under division (A)(13) of | 981 |
this section against any | 982 |
who waives deductibles and copayments as follows: | 983 |
(1) In compliance with the health benefit plan that expressly | 984 |
allows such a practice. Waiver of the deductibles or copayments | 985 |
shall be made only with the full knowledge and consent of the plan | 986 |
purchaser, payer, and third-party administrator. | 987 |
Documentation of the consent shall be made available to the board | 988 |
upon request. | 989 |
(2) For professional services rendered to any other person | 990 |
991 | |
this chapter to the extent allowed by this chapter and the rules | 992 |
of the board. | 993 |
| 994 |
hearing required by Chapter 119. of the Revised Code the | 995 |
circumstances of, or the fact that the board has received, one or | 996 |
more complaints about a person unless the one or more complaints | 997 |
are the subject of the hearing or resulted in the board taking an | 998 |
action authorized by this section against the person on a prior | 999 |
occasion. | 1000 |
(J) The board may share any information it receives pursuant | 1001 |
to an investigation under division (D) of section 4715.03 of the | 1002 |
Revised Code, including patient records and patient record | 1003 |
information, with law enforcement agencies, other licensing | 1004 |
boards, and other governmental agencies that are prosecuting, | 1005 |
adjudicating, or investigating alleged violations of statutes or | 1006 |
administrative rules. An agency or board that receives the | 1007 |
information shall comply with the same requirements regarding | 1008 |
confidentiality as those with which the state dental board must | 1009 |
comply, notwithstanding any conflicting provision of the Revised | 1010 |
Code or procedure of the agency or board that applies when it is | 1011 |
dealing with other information in its possession. In a judicial | 1012 |
proceeding, the information may be admitted into evidence only in | 1013 |
accordance with the Rules of Evidence, but the court shall require | 1014 |
that appropriate measures are taken to ensure that confidentiality | 1015 |
is maintained with respect to any part of the information that | 1016 |
contains names or other identifying information about patients or | 1017 |
complainants whose confidentiality was protected by the state | 1018 |
dental board when the information was in the board's possession. | 1019 |
Measures to ensure confidentiality that may be taken by the court | 1020 |
include sealing its records or deleting specific information from | 1021 |
its records. | 1022 |
Sec. 4715.301. The state dental board shall adopt rules in | 1023 |
accordance with Chapter 119. of the Revised Code establishing | 1024 |
standards for approving and designating physicians and facilities | 1025 |
as treatment providers for dentists or dental hygienists with | 1026 |
substance abuse problems and shall approve and designate treatment | 1027 |
providers in accordance with the rules. The rules shall include | 1028 |
standards for both inpatient and outpatient treatment. The rules | 1029 |
shall provide that to be approved, a treatment provider must be | 1030 |
capable of making an initial examination to determine the type of | 1031 |
treatment required for a dentist or dental hygienist with | 1032 |
substance abuse problems. Subject to the rules, the board shall | 1033 |
review and approve treatment providers on a regular basis and may, | 1034 |
at its discretion, withdraw or deny approval. | 1035 |
An approved treatment provider shall: | 1036 |
(A) Report to the board the name of any dentist or dental | 1037 |
hygienist suffering or showing evidence of suffering inability to | 1038 |
practice under accepted standards as described in division | 1039 |
(A) | 1040 |
comply within one week with a referral for examination; | 1041 |
(B) Report to the board the name of any impaired dentist or | 1042 |
dental hygienist who fails to enter treatment within forty-eight | 1043 |
hours following the provider's determination that treatment is | 1044 |
needed; | 1045 |
(C) Require every dentist or dental hygienist who enters | 1046 |
treatment to agree to a treatment contract establishing the terms | 1047 |
of treatment and aftercare, including any required supervision or | 1048 |
restrictions of practice during treatment or aftercare; | 1049 |
(D) Require a dentist or dental hygienist to suspend practice | 1050 |
on entering any required inpatient treatment; | 1051 |
(E) Report to the board any failure by an impaired dentist or | 1052 |
dental hygienist to comply with the terms of the treatment | 1053 |
contract during inpatient or outpatient treatment or aftercare; | 1054 |
(F) Report to the board the resumption of practice of any | 1055 |
impaired dentist or dental hygienist before the treatment provider | 1056 |
has made a clear determination that the individual is capable of | 1057 |
practicing according to accepted standards of the profession; | 1058 |
(G) Require a dentist or dental hygienist who resumes | 1059 |
practice after completion of treatment to comply with an aftercare | 1060 |
contract that meets the requirements of rules adopted by the board | 1061 |
for approval of treatment providers; | 1062 |
(H) Report to the board any dentist or dental hygienist who | 1063 |
suffers a relapse at any time during or following aftercare. | 1064 |
Any dentist or dental hygienist who enters into treatment by | 1065 |
an approved treatment provider shall be deemed to have waived any | 1066 |
confidentiality requirements that would otherwise prevent the | 1067 |
treatment provider from making reports required under this | 1068 |
section. | 1069 |
In the absence of fraud or bad faith, no professional | 1070 |
association of dentists or dental hygienists licensed under this | 1071 |
chapter that sponsors a committee or program to provide peer | 1072 |
assistance to dentists or dental hygienists with substance abuse | 1073 |
problems, no representative or agent of such a committee or | 1074 |
program, and no member of the state dental board shall be liable | 1075 |
to any person for damages in a civil action by reason of actions | 1076 |
taken to refer a dentist or dental hygienist to a treatment | 1077 |
provider designated by the board or actions or omissions of the | 1078 |
provider in treating a dentist or dental hygienist. | 1079 |
In the absence of fraud or bad faith, no person who reports | 1080 |
to the board a dentist or dental hygienist with a suspected | 1081 |
substance abuse problem shall be liable to any person for damages | 1082 |
in a civil action as a result of making the report. | 1083 |
Sec. 4715.302. (A) As used in this section, "drug database" | 1084 |
means the database established and maintained by the state board | 1085 |
of pharmacy pursuant to section 4729.75 of the Revised Code. | 1086 |
(B) The state dental board shall adopt rules in accordance | 1087 |
with Chapter 119. of the Revised Code that establish standards and | 1088 |
procedures to be followed by a dentist regarding the review of | 1089 |
patient information available through the drug database under | 1090 |
division (A)(5) of section 4729.80 of the Revised Code. | 1091 |
(C) This section and the rules adopted under it do not apply | 1092 |
if the state board of pharmacy no longer maintains the drug | 1093 |
database. | 1094 |
Sec. 4723.487. (A) As used in this section, "drug database" | 1095 |
means the database established and maintained by the state board | 1096 |
of pharmacy pursuant to section 4729.75 of the Revised Code. | 1097 |
(B) The board of nursing shall adopt rules in accordance with | 1098 |
Chapter 119. of the Revised Code that establish standards and | 1099 |
procedures to be followed by an advanced practice nurse with a | 1100 |
certificate to prescribe issued under section 4723.48 of the | 1101 |
Revised Code regarding the review of patient information available | 1102 |
through the drug database under division (A)(5) of section 4729.80 | 1103 |
of the Revised Code. | 1104 |
(C) This section and the rules adopted under it do not apply | 1105 |
if the state board of pharmacy no longer maintains the drug | 1106 |
database. | 1107 |
Sec. 4725.092. (A) As used in this section, "drug database" | 1108 |
means the database established and maintained by the state board | 1109 |
of pharmacy pursuant to section 4729.75 of the Revised Code. | 1110 |
(B) The state board of optometry shall adopt rules in | 1111 |
accordance with Chapter 119. of the Revised Code that establish | 1112 |
standards and procedures to be followed by an optometrist who | 1113 |
holds a therapeutic pharmaceutical agents certificate regarding | 1114 |
the review of patient information available through the drug | 1115 |
database under division (A)(5) of section 4729.80 of the Revised | 1116 |
Code. | 1117 |
(C) This section and the rules adopted under it do not apply | 1118 |
if the state board of pharmacy no longer maintains the drug | 1119 |
database. | 1120 |
Sec. 4729.16. (A) The state board of pharmacy, after notice | 1121 |
and hearing in accordance with Chapter 119. of the Revised Code, | 1122 |
may revoke, suspend, limit, place on probation, or refuse to grant | 1123 |
or renew an identification card, or may impose a monetary penalty | 1124 |
or forfeiture not to exceed in severity any fine designated under | 1125 |
the Revised Code for a similar offense, or in the case of a | 1126 |
violation of a section of the Revised Code that does not bear a | 1127 |
penalty, a monetary penalty or forfeiture of not more than five | 1128 |
hundred dollars, if the board finds a pharmacist or pharmacy | 1129 |
intern: | 1130 |
(1) Guilty of a felony or gross immorality; | 1131 |
(2) Guilty of dishonesty or unprofessional conduct in the | 1132 |
practice of pharmacy; | 1133 |
(3) Addicted to or abusing liquor or drugs or impaired | 1134 |
physically or mentally to such a degree as to render the | 1135 |
pharmacist or pharmacy intern unfit to practice pharmacy; | 1136 |
(4) Has been convicted of a misdemeanor related to, or | 1137 |
committed in, the practice of pharmacy; | 1138 |
(5) Guilty of willfully violating, conspiring to violate, | 1139 |
attempting to violate, or aiding and abetting the violation of any | 1140 |
of the provisions of this chapter, sections 3715.52 to 3715.72 of | 1141 |
the Revised Code, Chapter 2925. or 3719. of the Revised Code, or | 1142 |
any rule adopted by the board under those provisions; | 1143 |
(6) Guilty of permitting anyone other than a pharmacist or | 1144 |
pharmacy intern to practice pharmacy; | 1145 |
(7) Guilty of knowingly lending the pharmacist's or pharmacy | 1146 |
intern's name to an illegal practitioner of pharmacy or having | 1147 |
professional connection with an illegal practitioner of pharmacy; | 1148 |
(8) Guilty of dividing or agreeing to divide remuneration | 1149 |
made in the practice of pharmacy with any other individual, | 1150 |
including, but not limited to, any licensed health professional | 1151 |
authorized to prescribe drugs or any owner, manager, or employee | 1152 |
of a health care facility, residential care facility, or nursing | 1153 |
home; | 1154 |
(9) Has violated the terms of a consult agreement entered | 1155 |
into pursuant to section 4729.39 of the Revised Code; | 1156 |
(10) Has committed fraud, misrepresentation, or deception in | 1157 |
applying for or securing a license or identification card issued | 1158 |
by the board under this chapter or under Chapter 3715. or 3719. of | 1159 |
the Revised Code. | 1160 |
(B) Any individual whose identification card is revoked, | 1161 |
suspended, or refused, shall return the identification card and | 1162 |
license to the offices of the state board of pharmacy within ten | 1163 |
days after receipt of notice of such action. | 1164 |
(C) As used in this section: | 1165 |
"Unprofessional conduct in the practice of pharmacy" includes | 1166 |
any of the following: | 1167 |
(1) Advertising or displaying signs that promote dangerous | 1168 |
drugs to the public in a manner that is false or misleading; | 1169 |
(2) Except as provided in section 4729.281 of the Revised | 1170 |
Code, the sale of any drug for which a prescription is required, | 1171 |
without having received a prescription for the drug; | 1172 |
(3) Knowingly dispensing medication pursuant to false or | 1173 |
forged prescriptions; | 1174 |
(4) Knowingly failing to maintain complete and accurate | 1175 |
records of all dangerous drugs received or dispensed in compliance | 1176 |
with federal laws and regulations and state laws and rules; | 1177 |
(5) Obtaining any remuneration by fraud, misrepresentation, | 1178 |
or deception; | 1179 |
(6) Failing to practice in accordance with acceptable and | 1180 |
prevailing standards for the practice of pharmacy. | 1181 |
(D) The board may suspend a license or identification card | 1182 |
under division (B) of section 3719.121 of the Revised Code by | 1183 |
utilizing a telephone conference call to review the allegations | 1184 |
and take a vote. | 1185 |
(E) If, pursuant to an adjudication under Chapter 119. of the | 1186 |
Revised Code, the board has reasonable cause to believe that a | 1187 |
pharmacist or pharmacy intern is physically or mentally impaired, | 1188 |
the board may require the pharmacist or pharmacy intern to submit | 1189 |
to a physical or mental examination, or both. | 1190 |
Sec. 4729.162. (A) As used in this section, "drug database" | 1191 |
means the database established and maintained by the state board | 1192 |
of pharmacy pursuant to section 4729.75 of the Revised Code. | 1193 |
(B) The state board of pharmacy shall adopt rules in | 1194 |
accordance with Chapter 119. of the Revised Code that establish | 1195 |
standards and procedures to be followed by a pharmacist regarding | 1196 |
the review of patient information available through the drug | 1197 |
database under division (A)(6) of section 4729.80 of the Revised | 1198 |
Code. | 1199 |
(C) This section and the rules adopted under it do not apply | 1200 |
if the board no longer maintains the drug database. | 1201 |
Sec. 4729.291. (A) When a licensed health professional | 1202 |
authorized to prescribe drugs personally furnishes drugs to a | 1203 |
patient pursuant to division (B) of section 4729.29 of the Revised | 1204 |
Code, the prescriber shall ensure that the drugs are labeled and | 1205 |
packaged in accordance with state and federal drug laws and any | 1206 |
rules and regulations adopted pursuant to those laws. Records of | 1207 |
purchase and disposition of all drugs personally furnished to | 1208 |
patients shall be maintained by the prescriber in accordance with | 1209 |
state and federal drug statutes and any rules adopted pursuant to | 1210 |
those statutes. | 1211 |
(B) When personally furnishing to a patient RU-486 | 1212 |
(mifepristone), a prescriber is subject to section 2919.123 of the | 1213 |
Revised Code. A prescription for RU-486 (mifepristone) shall be in | 1214 |
writing and in accordance with section 2919.123 of the Revised | 1215 |
Code. | 1216 |
(C)(1) Except as provided in division | 1217 |
section, a prescriber may not do either of the following: | 1218 |
(a) In any thirty-day period, personally furnish to | 1219 |
for patients, taken as a whole, controlled substances in an amount | 1220 |
that exceeds a total of two thousand five hundred dosage units; | 1221 |
(b) In any seventy-two-hour period, personally furnish to or | 1222 |
for a patient an amount of a controlled substance that exceeds the | 1223 |
amount necessary for the patient's use in a seventy-two-hour | 1224 |
period. | 1225 |
(2) | 1226 |
1227 |
| 1228 |
| 1229 |
1230 | |
1231 |
| 1232 |
than five thousand dollars on a prescriber who fails to comply | 1233 |
with the limits established under division (C)(1) of this section. | 1234 |
A separate fine may be imposed for each instance of failing to | 1235 |
comply with the limits. In imposing the fine, the board's actions | 1236 |
shall be taken in accordance with Chapter 119. of the Revised | 1237 |
Code. | 1238 |
(D)(1) None of the following shall be counted in determining | 1239 |
whether the amounts specified in division (C)(1) of this section | 1240 |
have been exceeded: | 1241 |
(a) Methadone provided to patients for the purpose of | 1242 |
treating drug addiction, if the prescriber meets the conditions | 1243 |
specified in 21 C.F.R. 1306.07; | 1244 |
(b) Buprenorphine provided to patients for the purpose of | 1245 |
treating drug addiction, if the prescriber is exempt from separate | 1246 |
registration with the United States drug enforcement | 1247 |
administration pursuant to 21 C.F.R. 1301.28; | 1248 |
(c) Controlled substances provided to research subjects by a | 1249 |
facility conducting clinical research in studies approved by a | 1250 |
hospital-based institutional review board or an institutional | 1251 |
review board accredited by the association for the accreditation | 1252 |
of human research protection programs. | 1253 |
(2) Division (C)(1) of this section does not apply to a | 1254 |
prescriber who is a veterinarian. | 1255 |
Sec. 4729.51. (A) No person other than a registered | 1256 |
wholesale distributor of dangerous drugs shall possess for sale, | 1257 |
sell, distribute, or deliver, at wholesale, dangerous drugs, | 1258 |
except as follows: | 1259 |
(1) A pharmacist who is a licensed terminal distributor of | 1260 |
dangerous drugs or who is employed by a licensed terminal | 1261 |
distributor of dangerous drugs may make occasional sales of | 1262 |
dangerous drugs at wholesale; | 1263 |
(2) A licensed terminal distributor of dangerous drugs having | 1264 |
more than one establishment or place may transfer or deliver | 1265 |
dangerous drugs from one establishment or place for which a | 1266 |
license has been issued to the terminal distributor to another | 1267 |
establishment or place for which a license has been issued to the | 1268 |
terminal distributor if the license issued for each establishment | 1269 |
or place is in effect at the time of the transfer or delivery. | 1270 |
(B)(1) No registered wholesale distributor of dangerous drugs | 1271 |
shall possess for sale, or sell, at wholesale, dangerous drugs to | 1272 |
any person other than the following: | 1273 |
(a) Except as provided in division (B) | 1274 |
section, a licensed health professional authorized to prescribe | 1275 |
drugs; | 1276 |
(b) An optometrist licensed under Chapter 4725. of the | 1277 |
Revised Code who holds a topical ocular pharmaceutical agents | 1278 |
certificate; | 1279 |
(c) A registered wholesale distributor of dangerous drugs; | 1280 |
(d) A manufacturer of dangerous drugs; | 1281 |
(e) Subject to division (B)(3) of this section, a licensed | 1282 |
terminal distributor of dangerous drugs; | 1283 |
(f) Carriers or warehouses for the purpose of carriage or | 1284 |
storage; | 1285 |
(g) Terminal or wholesale distributors of dangerous drugs who | 1286 |
are not engaged in the sale of dangerous drugs within this state; | 1287 |
(h) An individual who holds a current license, certificate, | 1288 |
or registration issued under Title 47 of the Revised Code and has | 1289 |
been certified to conduct diabetes education by a national | 1290 |
certifying body specified in rules adopted by the state board of | 1291 |
pharmacy under section 4729.68 of the Revised Code, but only with | 1292 |
respect to insulin that will be used for the purpose of diabetes | 1293 |
education and only if diabetes education is within the | 1294 |
individual's scope of practice under statutes and rules regulating | 1295 |
the individual's profession; | 1296 |
(i) An individual who holds a valid certificate issued by a | 1297 |
nationally recognized S.C.U.B.A. diving certifying organization | 1298 |
approved by the state board of pharmacy in rule, but only with | 1299 |
respect to medical oxygen that will be used for the purpose of | 1300 |
emergency care or treatment at the scene of a diving emergency; | 1301 |
(j) Except as provided in division (B)(2)(b) of this section, | 1302 |
a business entity that is a corporation formed under division (B) | 1303 |
of section 1701.03 of the Revised Code, a limited liability | 1304 |
company formed under Chapter 1705. of the Revised Code, or a | 1305 |
professional association formed under Chapter 1785. of the Revised | 1306 |
Code if the entity has a sole shareholder who is a licensed health | 1307 |
professional authorized to prescribe drugs and is authorized to | 1308 |
provide the professional services being offered by the entity; | 1309 |
(k) Except as provided in division (B)(2)(c) of this section, | 1310 |
a business entity that is a corporation formed under division (B) | 1311 |
of section 1701.03 of the Revised Code, a limited liability | 1312 |
company formed under Chapter 1705. of the Revised Code, a | 1313 |
partnership or a limited liability partnership formed under | 1314 |
Chapter 1775. of the Revised Code, or a professional association | 1315 |
formed under Chapter 1785. of the Revised Code, if, to be a | 1316 |
shareholder, member, or partner, an individual is required to be | 1317 |
licensed, certified, or otherwise legally authorized under Title | 1318 |
XLVII of the Revised Code to perform the professional service | 1319 |
provided by the entity and each such individual is a licensed | 1320 |
health professional authorized to prescribe drugs. | 1321 |
(2) No registered | 1322 |
dangerous drugs shall possess for sale, or sell, at wholesale, | 1323 |
dangerous drugs to any of the following: | 1324 |
(a) A prescriber who is employed by a pain management clinic | 1325 |
that is not licensed as a terminal distributor of dangerous drugs | 1326 |
with a pain management clinic classification issued under section | 1327 |
4729.552 of the Revised Code; | 1328 |
(b) A business entity described in division (B)(1)(j) of this | 1329 |
section that is, or is operating, a pain management clinic without | 1330 |
a license as a terminal distributor of dangerous drugs with a pain | 1331 |
management clinic classification issued under section 4729.552 of | 1332 |
the Revised Code; | 1333 |
(c) A business entity described in division (B)(1)(k) of this | 1334 |
section that is, or is operating, a pain management clinic without | 1335 |
a license as a terminal distributor of dangerous drugs with a pain | 1336 |
management clinic classification issued under section 4729.552 of | 1337 |
the Revised Code. | 1338 |
(3) No registered wholesale distributor of dangerous drugs | 1339 |
shall possess dangerous drugs for sale at wholesale, or sell such | 1340 |
drugs at wholesale, to a licensed terminal distributor of | 1341 |
dangerous drugs, except as follows: | 1342 |
(a) In the case of a terminal distributor with a category I | 1343 |
license, only dangerous drugs described in category I, as defined | 1344 |
in division (A)(1) of section 4729.54 of the Revised Code; | 1345 |
(b) In the case of a terminal distributor with a category II | 1346 |
license, only dangerous drugs described in category I and category | 1347 |
II, as defined in divisions (A)(1) and (2) of section 4729.54 of | 1348 |
the Revised Code; | 1349 |
(c) In the case of a terminal distributor with a category III | 1350 |
license, dangerous drugs described in category I, category II, and | 1351 |
category III, as defined in divisions (A)(1), (2), and (3) of | 1352 |
section 4729.54 of the Revised Code; | 1353 |
(d) In the case of a terminal distributor with a limited | 1354 |
category I, II, or III license, only the dangerous drugs specified | 1355 |
in the certificate furnished by the terminal distributor in | 1356 |
accordance with section 4729.60 of the Revised Code. | 1357 |
(C)(1) Except as provided in division (C)(4) of this section, | 1358 |
no person shall sell, at retail, dangerous drugs. | 1359 |
(2) Except as provided in division (C)(4) of this section, no | 1360 |
person shall possess for sale, at retail, dangerous drugs. | 1361 |
(3) Except as provided in division (C)(4) of this section, no | 1362 |
person shall possess dangerous drugs. | 1363 |
(4) Divisions (C)(1), (2), and (3) of this section do not | 1364 |
apply to a registered wholesale distributor of dangerous drugs, a | 1365 |
licensed terminal distributor of dangerous drugs, or a person who | 1366 |
possesses, or possesses for sale or sells, at retail, a dangerous | 1367 |
drug in accordance with Chapters 3719., 4715., 4723., 4725., | 1368 |
4729., 4730., 4731., and 4741. of the Revised Code. | 1369 |
Divisions (C)(1), (2), and (3) of this section do not apply | 1370 |
to an individual who holds a current license, certificate, or | 1371 |
registration issued under Title XLVII of the Revised Code and has | 1372 |
been certified to conduct diabetes education by a national | 1373 |
certifying body specified in rules adopted by the state board of | 1374 |
pharmacy under section 4729.68 of the Revised Code, but only to | 1375 |
the extent that the individual possesses insulin or personally | 1376 |
supplies insulin solely for the purpose of diabetes education and | 1377 |
only if diabetes education is within the individual's scope of | 1378 |
practice under statutes and rules regulating the individual's | 1379 |
profession. | 1380 |
Divisions (C)(1), (2), and (3) of this section do not apply | 1381 |
to an individual who holds a valid certificate issued by a | 1382 |
nationally recognized S.C.U.B.A. diving certifying organization | 1383 |
approved by the state board of pharmacy in rule, but only to the | 1384 |
extent that the individual possesses medical oxygen or personally | 1385 |
supplies medical oxygen for the purpose of emergency care or | 1386 |
treatment at the scene of a diving emergency. | 1387 |
(D) No licensed terminal distributor of dangerous drugs shall | 1388 |
purchase for the purpose of resale dangerous drugs from any person | 1389 |
other than a registered wholesale distributor of dangerous drugs, | 1390 |
except as follows: | 1391 |
(1) A licensed terminal distributor of dangerous drugs may | 1392 |
make occasional purchases of dangerous drugs for resale from a | 1393 |
pharmacist who is a licensed terminal distributor of dangerous | 1394 |
drugs or who is employed by a licensed terminal distributor of | 1395 |
dangerous drugs; | 1396 |
(2) A licensed terminal distributor of dangerous drugs having | 1397 |
more than one establishment or place may transfer or receive | 1398 |
dangerous drugs from one establishment or place for which a | 1399 |
license has been issued to the terminal distributor to another | 1400 |
establishment or place for which a license has been issued to the | 1401 |
terminal distributor if the license issued for each establishment | 1402 |
or place is in effect at the time of the transfer or receipt. | 1403 |
(E) No licensed terminal distributor of dangerous drugs shall | 1404 |
engage in the sale or other distribution of dangerous drugs at | 1405 |
retail or maintain possession, custody, or control of dangerous | 1406 |
drugs for any purpose other than the distributor's personal use or | 1407 |
consumption, at any establishment or place other than that or | 1408 |
those described in the license issued by the state board of | 1409 |
pharmacy to such terminal distributor. | 1410 |
(F) Nothing in this section shall be construed to interfere | 1411 |
with the performance of official duties by any law enforcement | 1412 |
official authorized by municipal, county, state, or federal law to | 1413 |
collect samples of any drug, regardless of its nature or in whose | 1414 |
possession it may be. | 1415 |
Sec. 4729.552. (A) To be eligible to receive a license as a | 1416 |
category III terminal distributor of dangerous drugs with a pain | 1417 |
management clinic classification, an applicant shall submit | 1418 |
evidence satisfactory to the state board of pharmacy that the | 1419 |
applicant's pain management clinic will be operated in accordance | 1420 |
with the requirements specified in division (B) of this section | 1421 |
and that the applicant meets any other applicable requirements | 1422 |
1423 |
If the board determines that an applicant meets all of the | 1424 |
requirements, the board shall issue to the applicant a license as | 1425 |
a category III terminal distributor of dangerous drugs and specify | 1426 |
on the license that the terminal distributor is classified as a | 1427 |
pain management clinic. | 1428 |
(B) The holder of a terminal distributor license with a pain | 1429 |
management clinic classification shall do all of the following: | 1430 |
(1) Be in control of a facility that is owned and operated | 1431 |
solely by one or more physicians authorized under Chapter 4731. of | 1432 |
the Revised Code to practice medicine and surgery or osteopathic | 1433 |
medicine and surgery; | 1434 |
(2) Comply with the requirements for the operation of a pain | 1435 |
management clinic, as established by the state medical board in | 1436 |
rules adopted under section 4731.054 of the Revised Code; | 1437 |
(3) Ensure that any person employed by the facility complies | 1438 |
with the requirements for the operation of a pain management | 1439 |
clinic established by the state medical board in rules adopted | 1440 |
under section 4731.054 of the Revised Code; | 1441 |
| 1442 |
submit to a criminal records check in accordance with section | 1443 |
4776.02 of the Revised Code and send the results of the criminal | 1444 |
records check directly to the state board of pharmacy for review | 1445 |
and decision under section 4729.071 of the Revised Code; | 1446 |
| 1447 |
criminal records check in accordance with section 4776.02 of the | 1448 |
Revised Code and ensure that no person is employed who has | 1449 |
previously been convicted of, or pleaded guilty to, either of the | 1450 |
following: | 1451 |
(a) A theft offense, described in division (K)(3) of section | 1452 |
2913.01 of the Revised Code, that would constitute a felony under | 1453 |
the laws of this state, any other state, or the United States; | 1454 |
(b) A felony drug abuse offense, as defined in section | 1455 |
2925.01 of the Revised Code. | 1456 |
| 1457 |
facility and notify the state board of pharmacy of any change to | 1458 |
that list. | 1459 |
(C) No person shall operate a facility that under this | 1460 |
chapter is subject to licensure as a category III terminal | 1461 |
distributor of dangerous drugs with a pain management clinic | 1462 |
classification without obtaining and maintaining the license with | 1463 |
the classification. | 1464 |
No person who holds a category III license with a pain | 1465 |
management clinic classification shall fail to remain in | 1466 |
compliance with the requirements of division | 1467 |
section and any other applicable requirements | 1468 |
chapter | 1469 |
(D) The state board of pharmacy may impose a fine of not more | 1470 |
than five thousand dollars on a terminal distributor of dangerous | 1471 |
drugs license holder who violates division (C) of this section. A | 1472 |
separate fine may be imposed for each day the violation continues. | 1473 |
In imposing the fine, the board's actions shall be taken in | 1474 |
accordance with Chapter 119. of the Revised Code. | 1475 |
(E) The state board of pharmacy shall adopt rules as it | 1476 |
considers necessary to implement and administer this section. The | 1477 |
rules shall be adopted in accordance with Chapter 119. of the | 1478 |
Revised Code. | 1479 |
Sec. 4729.57. (A) The state board of pharmacy may suspend, | 1480 |
revoke, or refuse to grant or renew any license | 1481 |
terminal distributor of dangerous drugs | 1482 |
1483 | |
forfeiture not to exceed in severity any fine designated under the | 1484 |
Revised Code for a similar offense or one thousand dollars if the | 1485 |
acts committed have not been classified as an offense by the | 1486 |
Revised Code, for any of the following causes: | 1487 |
(1) Making any false material statements in an application | 1488 |
for a license as a terminal distributor of dangerous drugs; | 1489 |
(2) Violating any rule of the board; | 1490 |
(3) Violating any provision of this chapter; | 1491 |
(4) Violating any provision of the "Federal Food, Drug, and | 1492 |
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, or Chapter | 1493 |
3715. of the Revised Code; | 1494 |
(5) Violating any provision of the federal drug abuse control | 1495 |
laws or Chapter 2925. or 3719. of the Revised Code; | 1496 |
(6) Falsely or fraudulently promoting to the public a | 1497 |
dangerous drug, except that nothing in this division prohibits a | 1498 |
terminal distributor of dangerous drugs from furnishing | 1499 |
information concerning a dangerous drug to a health care provider | 1500 |
or another licensed terminal distributor; | 1501 |
(7) Ceasing to satisfy the qualifications of a terminal | 1502 |
distributor of dangerous drugs set forth in section 4729.55 of the | 1503 |
Revised Code; | 1504 |
(8) Except as provided in division (B) of this section: | 1505 |
(a) Waiving the payment of all or any part of a deductible or | 1506 |
copayment that an individual, pursuant to a health insurance or | 1507 |
health care policy, contract, or plan that covers the services | 1508 |
provided by a terminal distributor of dangerous drugs, would | 1509 |
otherwise be required to pay for the services if the waiver is | 1510 |
used as an enticement to a patient or group of patients to receive | 1511 |
pharmacy services from that terminal distributor; | 1512 |
(b) Advertising that the terminal distributor will waive the | 1513 |
payment of all or any part of a deductible or copayment that an | 1514 |
individual, pursuant to a health insurance or health care policy, | 1515 |
contract, or plan that covers the pharmaceutical services, would | 1516 |
otherwise be required to pay for the services. | 1517 |
(B) Sanctions shall not be imposed under division (A)(8) of | 1518 |
this section against any terminal distributor of dangerous drugs | 1519 |
that waives deductibles and copayments as follows: | 1520 |
(1) In compliance with a health benefit plan that expressly | 1521 |
allows such a practice. Waiver of the deductibles or copayments | 1522 |
shall be made only with the full knowledge and consent of the plan | 1523 |
purchaser, payer, and third-party administrator. Documentation of | 1524 |
the consent shall be made available to the board on request. | 1525 |
(2) For professional services rendered to any other person | 1526 |
licensed pursuant to this chapter to the extent allowed by this | 1527 |
chapter and the rules of the board. | 1528 |
(C)(1) Upon the suspension or revocation of a license issued | 1529 |
to a terminal distributor of dangerous drugs or the refusal by the | 1530 |
board to renew such a license, the distributor shall immediately | 1531 |
surrender the license to the board. | 1532 |
(2) The board may place under seal all dangerous drugs that | 1533 |
are owned by or in the possession, custody, or control of a | 1534 |
terminal distributor at the time the license is suspended or | 1535 |
revoked or at the time the board refuses to renew the license. | 1536 |
Except as otherwise provided in this division, dangerous drugs so | 1537 |
sealed shall not be disposed of until appeal rights under Chapter | 1538 |
119. of the Revised Code have expired or an appeal filed pursuant | 1539 |
to that chapter has been determined. | 1540 |
The court involved in an appeal filed pursuant to Chapter | 1541 |
119. of the Revised Code may order the board, during the pendency | 1542 |
of the appeal, to sell sealed dangerous drugs that are perishable. | 1543 |
The proceeds of such a sale shall be deposited with that court. | 1544 |
Sec. 4729.79. (A) If the state board of pharmacy establishes | 1545 |
and maintains a drug database pursuant to section 4729.75 of the | 1546 |
Revised Code, each licensed health professional authorized to | 1547 |
prescribe drugs, | 1548 |
division (C) of this section, who personally furnishes to a | 1549 |
patient a controlled substance or other dangerous drug the board | 1550 |
includes in the database pursuant to rules adopted under section | 1551 |
4729.84 of the Revised Code | 1552 |
submit to the board the following information: | 1553 |
(1) Prescriber identification; | 1554 |
(2) Patient identification; | 1555 |
(3) Date drug was furnished by the prescriber; | 1556 |
(4) Indication of whether the drug furnished is new or a | 1557 |
refill; | 1558 |
(5) Name, strength, and national drug code of drug furnished; | 1559 |
(6) Quantity of drug furnished; | 1560 |
(7) Number of days' supply of drug furnished; | 1561 |
(8) Source of payment for the drug furnished; | 1562 |
(9) Identification of the owner of the drug furnished. | 1563 |
(B)(1) The information shall be transmitted as specified by | 1564 |
the board in rules adopted under section 4729.84 of the Revised | 1565 |
Code. | 1566 |
(2) The information shall be submitted electronically in the | 1567 |
format specified by the board, except that the board may grant a | 1568 |
waiver allowing the prescriber to submit the information in | 1569 |
another format. | 1570 |
(3) The information shall be submitted in accordance with any | 1571 |
time limits specified by the board, except that the board may | 1572 |
grant an extension if either of the following occurs: | 1573 |
(a) The prescriber's transmission system suffers a mechanical | 1574 |
or electronic failure, or the prescriber cannot meet the deadline | 1575 |
for other reasons beyond the prescriber's control. | 1576 |
(b) The board is unable to receive electronic submissions. | 1577 |
(C)(1) The information required to be submitted under | 1578 |
division (A) of this section may be submitted on behalf of the | 1579 |
prescriber by the owner of the drug being personally furnished or | 1580 |
by a delegate approved by that owner. | 1581 |
(2) The requirements of this section to submit information to | 1582 |
the board do not apply to a prescriber who is a veterinarian. | 1583 |
(D) If the board becomes aware of a prescriber's failure to | 1584 |
comply with this section, the board shall notify the government | 1585 |
entity responsible for licensing the prescriber. | 1586 |
Sec. 4729.80. (A) If the state board of pharmacy establishes | 1587 |
and maintains a drug database pursuant to section 4729.75 of the | 1588 |
Revised Code, the board is authorized or required to provide | 1589 |
information from the database in accordance with the following: | 1590 |
(1) On receipt of a request from a designated representative | 1591 |
of a government entity responsible for the licensure, regulation, | 1592 |
or discipline of health care professionals with authority to | 1593 |
prescribe, administer, or dispense drugs, the board may provide to | 1594 |
the representative information from the database relating to the | 1595 |
professional who is the subject of an active investigation being | 1596 |
conducted by the government entity. | 1597 |
(2) On receipt of a request from a federal officer, or a | 1598 |
state or local officer of this or any other state, whose duties | 1599 |
include enforcing laws relating to drugs, the board shall provide | 1600 |
to the officer information from the database relating to the | 1601 |
person who is the subject of an active investigation of a drug | 1602 |
abuse offense, as defined in section 2925.01 of the Revised Code, | 1603 |
being conducted by the officer's employing government entity. | 1604 |
(3) Pursuant to a subpoena issued by a grand jury, the board | 1605 |
shall provide to the grand jury information from the database | 1606 |
relating to the person who is the subject of an investigation | 1607 |
being conducted by the grand jury. | 1608 |
(4) Pursuant to a subpoena, search warrant, or court order in | 1609 |
connection with the investigation or prosecution of a possible or | 1610 |
alleged criminal offense, the board shall provide information from | 1611 |
the database as necessary to comply with the subpoena, search | 1612 |
warrant, or court order. | 1613 |
(5) On receipt of a request from a prescriber or the | 1614 |
prescriber's | 1615 |
the board may provide to the prescriber information from the | 1616 |
database relating to a current patient of the prescriber, if the | 1617 |
prescriber certifies in a form specified by the board that it is | 1618 |
for the purpose of providing medical treatment to the patient who | 1619 |
is the subject of the request. | 1620 |
(6) On receipt of a request from a pharmacist or the | 1621 |
pharmacist's delegate approved by the board, the board may provide | 1622 |
to the pharmacist information from the database relating to a | 1623 |
current patient of the pharmacist, if the pharmacist certifies in | 1624 |
a form specified by the board that it is for the purpose of the | 1625 |
pharmacist's practice of pharmacy involving the patient who is the | 1626 |
subject of the request. | 1627 |
(7) On receipt of a request from an individual seeking the | 1628 |
individual's own database information in accordance with the | 1629 |
procedure established in rules adopted under section 4729.84 of | 1630 |
the Revised Code, the board may provide to the individual the | 1631 |
individual's own database information. | 1632 |
(8) On receipt of a request from the medical director of a | 1633 |
managed care organization that has entered into a data security | 1634 |
agreement with the board required by section 5111.1710 of the | 1635 |
Revised Code, the board may provide to the medical director | 1636 |
information from the database relating to a medicaid recipient | 1637 |
enrolled in the managed care organization. | 1638 |
(9) On receipt of a request from the director of job and | 1639 |
family services, the board may provide to the director information | 1640 |
from the database relating to a recipient of a program | 1641 |
administered by the department of job and family services. | 1642 |
(10) On receipt of a request from the administrator of | 1643 |
workers' compensation, the board may provide to the administrator | 1644 |
information from the database relating to a claimant under Chapter | 1645 |
4121., 4123., 4127., or 4131. of the Revised Code. | 1646 |
(11) On receipt of a request from a requestor described in | 1647 |
division (A)(1), (2), (5), or (6) of this section who is from or | 1648 |
participating with another state's prescription monitoring | 1649 |
program, the board may provide to the requestor information from | 1650 |
the database, but only if there is a written agreement under which | 1651 |
the information is to be used and disseminated according to the | 1652 |
laws of this state. | 1653 |
(B) The state board of pharmacy shall maintain a record of | 1654 |
each individual or entity that requests information from the | 1655 |
database pursuant to this section. In accordance with rules | 1656 |
adopted under section 4729.84 of the Revised Code, the board may | 1657 |
use the records to document and report statistics and law | 1658 |
enforcement outcomes. | 1659 |
The board may provide records of an individual's requests for | 1660 |
database information to the following: | 1661 |
(1) A designated representative of a government entity that | 1662 |
is responsible for the licensure, regulation, or discipline of | 1663 |
health care professionals with authority to prescribe, administer, | 1664 |
or dispense drugs who is involved in an active investigation being | 1665 |
conducted by the government entity of the individual who submitted | 1666 |
the requests for database information; | 1667 |
(2) A federal officer, or a state or local officer of this or | 1668 |
any other state, whose duties include enforcing laws relating to | 1669 |
drugs and who is involved in an active investigation being | 1670 |
conducted by the officer's employing government entity of the | 1671 |
individual who submitted the requests for database information. | 1672 |
(C) Information contained in the database and any information | 1673 |
obtained from it is not a public record. Information contained in | 1674 |
the records of requests for information from the database is not a | 1675 |
public record. Information that does not identify a person may be | 1676 |
released in summary, statistical, or aggregate form. | 1677 |
(D) A pharmacist or prescriber shall not be held liable in | 1678 |
damages to any person in any civil action for injury, death, or | 1679 |
loss to person or property on the basis that the pharmacist or | 1680 |
prescriber did or did not seek or obtain information from the | 1681 |
database. | 1682 |
Sec. 4729.86. If the state board of pharmacy establishes and | 1683 |
maintains a drug database pursuant to section 4729.75 of the | 1684 |
Revised Code, all of the following apply: | 1685 |
(A)(1) No person identified in divisions (A)(1) to (10) or | 1686 |
(B) of section 4729.80 of the Revised Code shall disseminate any | 1687 |
written or electronic | 1688 |
from the drug database or otherwise provide another person access | 1689 |
to the information that the person recieves from the database, | 1690 |
except as follows: | 1691 |
(a) When necessary in the investigation or prosecution of a | 1692 |
possible or alleged criminal offense; | 1693 |
(b) When a person provides the information to the prescriber | 1694 |
or pharmacist for whom the person is approved by the board to | 1695 |
serve as a delegate of the prescriber or pharmacist for purposes | 1696 |
of requesting and receiving information from the drug database | 1697 |
under division (A)(5) or (6) of section 4729.80 of the Revised | 1698 |
Code; | 1699 |
(c) When a prescriber or pharmacist provides the information | 1700 |
to a person who is approved by the board to serve as such a | 1701 |
delegate of the prescriber or pharmacist. | 1702 |
(2) No person shall provide false information to the state | 1703 |
board of pharmacy with the intent to obtain or alter information | 1704 |
contained in the drug database. | 1705 |
(3) No person shall obtain drug database information by any | 1706 |
means except as provided under section 4729.80 or 4729.81 of the | 1707 |
Revised Code. | 1708 |
(B) A person shall not use | 1709 |
pursuant to division (A) of section 4729.80 of the Revised Code as | 1710 |
evidence in any civil or administrative proceeding. | 1711 |
(C)(1) The board may restrict a person from obtaining further | 1712 |
information from the drug database if any of the following is the | 1713 |
case: | 1714 |
(a) The person | 1715 |
1716 | |
section; | 1717 |
(b) The person is a requestor identified in division (A)(11) | 1718 |
of section 4729.80 of the Revised Code and the board determines | 1719 |
that the person's actions in another state would have constituted | 1720 |
a violation of division (A)(1), (2), or (3) of this section; | 1721 |
(c) The person fails to comply with division (B) of this | 1722 |
section, regardless of the jurisdiction in which the failure to | 1723 |
comply occurred. | 1724 |
(2) The board shall determine the extent to which the person | 1725 |
is restricted from obtaining further information from the | 1726 |
database. | 1727 |
Sec. 4730.53. (A) As used in this section, "drug database" | 1728 |
means the database established and maintained by the state board | 1729 |
of pharmacy pursuant to section 4729.75 of the Revised Code. | 1730 |
(B) The medical board shall adopt rules in accordance with | 1731 |
Chapter 119. of the Revised Code that establish standards and | 1732 |
procedures to be followed by a physician assistant who holds a | 1733 |
certificate to prescribe issued under this chapter regarding the | 1734 |
review of patient information available through the drug database | 1735 |
under division (A)(5) of section 4729.80 of the Revised Code. | 1736 |
(C) This section and the rules adopted under it do not apply | 1737 |
if the state board of pharmacy no longer maintains the drug | 1738 |
database. | 1739 |
Sec. 4731.054. (A) As used in this section: | 1740 |
(1) "Chronic pain" has the same meaning as in section | 1741 |
4731.052 of the Revised Code. | 1742 |
(2) "Controlled substance" has the same meaning as in section | 1743 |
3719.01 of the Revised Code. | 1744 |
(3) "Hospital" means a hospital registered with the | 1745 |
department of health under section 3701.07 of the Revised Code. | 1746 |
(4) "Owner" means each person included on the list maintained | 1747 |
under division (B) | 1748 |
(5)(a) "Pain management clinic" means a facility to which | 1749 |
both of the following apply: | 1750 |
(i) | 1751 |
1752 |
| 1753 |
facility are provided treatment for | 1754 |
1755 | |
carisoprodol, or other drugs specified in rules adopted under this | 1756 |
section; | 1757 |
| 1758 |
established in rules adopted under this section. | 1759 |
(b) "Pain management clinic" does not include any of the | 1760 |
following: | 1761 |
(i) A hospital; | 1762 |
(ii) A facility operated by a hospital for the treatment of | 1763 |
1764 |
(iii) A physician practice owned or controlled, in whole or | 1765 |
in part, by a hospital or by an entity that owns or controls, in | 1766 |
whole or in part, one or more hospitals; | 1767 |
(iv) A school, college, university, or other educational | 1768 |
institution or program to the extent that it provides instruction | 1769 |
to individuals preparing to practice as physicians, podiatrists, | 1770 |
dentists, nurses, physician assistants, optometrists, or | 1771 |
veterinarians or any affiliated facility to the extent that it | 1772 |
participates in the provision of that instruction; | 1773 |
(v) A hospice program licensed under Chapter 3712. of the | 1774 |
Revised Code; | 1775 |
(vi) An ambulatory surgical facility licensed under section | 1776 |
3702.30 of the Revised Code; | 1777 |
(vii) An interdisciplinary pain rehabilitation program with | 1778 |
three-year accreditation from the commission on accreditation of | 1779 |
rehabilitation facilities; | 1780 |
(viii) A nursing home licensed under section 3721.02 of the | 1781 |
Revised Code or by a political subdivision certified under section | 1782 |
3721.09 of the Revised Code; | 1783 |
(ix) A facility conducting only clinical research that may | 1784 |
use controlled substances in studies approved by a hospital-based | 1785 |
institutional review board or an institutional review board | 1786 |
accredited by the association for the accreditation of human | 1787 |
research protection programs. | 1788 |
(6) "Physician" means an individual authorized under this | 1789 |
chapter to practice medicine and surgery or osteopathic medicine | 1790 |
and surgery. | 1791 |
(7) "Prescriber" has the same meaning as in section 4729.01 | 1792 |
of the Revised Code. | 1793 |
(B) Each owner shall supervise, control, and direct the | 1794 |
activities of each individual, including an employee, volunteer, | 1795 |
or individual under contract, who provides treatment of | 1796 |
chronic pain at the clinic or is associated with the provision of | 1797 |
that treatment. The supervision, control, and direction shall be | 1798 |
provided in accordance with rules adopted under this section. | 1799 |
(C) The state medical board shall adopt rules in accordance | 1800 |
with Chapter 119. of the Revised Code that establish all of the | 1801 |
following: | 1802 |
(1) Standards and procedures for the operation of a pain | 1803 |
management clinic; | 1804 |
(2) Standards and procedures to be followed by a physician | 1805 |
who provides care at a pain management clinic; | 1806 |
(3) For purposes of division (A)(5)(a) | 1807 |
section, the other drugs used to treat | 1808 |
identify a facility as a pain management clinic; | 1809 |
(4) For purposes of division (A)(5)(a) | 1810 |
section, the other criteria that identify a facility as a pain | 1811 |
management clinic; | 1812 |
(5) For purposes of division (B) of this section, standards | 1813 |
and procedures to be followed by an owner in providing | 1814 |
supervision, direction, and control of individuals at a pain | 1815 |
management clinic. | 1816 |
(D) The board may impose a fine of not more than twenty | 1817 |
thousand dollars on a physician who fails to comply with rules | 1818 |
adopted under this section. The fine may be in addition to or in | 1819 |
lieu of any other action that may be taken under section 4731.22 | 1820 |
of the Revised Code. The board shall deposit any amounts received | 1821 |
under this division in accordance with section 4731.24 of the | 1822 |
Revised Code. | 1823 |
(E)(1) The board may inspect either of the following as the | 1824 |
board determines necessary to ensure compliance with this chapter | 1825 |
and any rules adopted under it regarding pain management clinics: | 1826 |
(a) A pain management clinic; | 1827 |
(b) A facility or physician practice that the board suspects | 1828 |
is operating as a pain management clinic in violation of this | 1829 |
chapter. | 1830 |
(2) The board's inspection shall be conducted in accordance | 1831 |
with division (F) of section 4731.22 of the Revised Code. | 1832 |
(3) Before conducting an on-site inspection, the board shall | 1833 |
provide notice to the owner or other person in charge of the | 1834 |
facility or physician practice, except that the board is not | 1835 |
required to provide the notice if, in the judgment of the board, | 1836 |
the notice would jeopardize an investigation being conducted by | 1837 |
the board. | 1838 |
Sec. 4731.055. (A) As used in this section: | 1839 |
(1) "Drug database" means the database established and | 1840 |
maintained by the state board of pharmacy pursuant to section | 1841 |
4729.75 of the Revised Code. | 1842 |
(2) "Physician" means an individual authorized under this | 1843 |
chapter to practice medicine and surgery, osteopathic medicine and | 1844 |
surgery, or podiatric medicine and surgery. | 1845 |
(B) The state medical board shall adopt rules in accordance | 1846 |
with Chapter 119. of the Revised Code that establish standards and | 1847 |
procedures to be followed by a physician regarding the review of | 1848 |
patient information available through the drug database under | 1849 |
division (A)(5) of section 4729.80 of the Revised Code. | 1850 |
(C) This section and the rules adopted under it do not apply | 1851 |
if the state board of pharmacy no longer maintains the drug | 1852 |
database. | 1853 |
Sec. 4731.22. (A) The state medical board, by an affirmative | 1854 |
vote of not fewer than six of its members, may limit, revoke, or | 1855 |
1856 | |
grant a certificate to | 1857 |
an individual, refuse to reinstate a certificate, or reprimand or | 1858 |
place on probation the holder of a certificate if the individual | 1859 |
or certificate holder is found by the board to have committed | 1860 |
fraud during the administration of the examination for a | 1861 |
certificate to practice or to have committed fraud, | 1862 |
misrepresentation, or deception in applying for or securing any | 1863 |
certificate to practice or certificate of registration issued by | 1864 |
the board. | 1865 |
(B) The board, by an affirmative vote of not fewer than six | 1866 |
members, shall, to the extent permitted by law, limit, revoke, or | 1867 |
suspend an individual's certificate to practice, refuse to | 1868 |
register an individual, refuse to reinstate a certificate, or | 1869 |
reprimand or place on probation the holder of a certificate for | 1870 |
one or more of the following reasons: | 1871 |
(1) Permitting one's name or one's certificate to practice or | 1872 |
certificate of registration to be used by a person, group, or | 1873 |
corporation when the individual concerned is not actually | 1874 |
directing the treatment given; | 1875 |
(2) Failure to maintain minimal standards applicable to the | 1876 |
selection or administration of drugs, or failure to employ | 1877 |
acceptable scientific methods in the selection of drugs or other | 1878 |
modalities for treatment of disease; | 1879 |
(3) Selling, giving away, personally furnishing, prescribing, | 1880 |
or administering drugs for other than legal and legitimate | 1881 |
therapeutic purposes or a plea of guilty to, a judicial finding of | 1882 |
guilt of, or a judicial finding of eligibility for intervention in | 1883 |
lieu of conviction of, a violation of any federal or state law | 1884 |
regulating the possession, distribution, or use of any drug; | 1885 |
(4) Willfully betraying a professional confidence. | 1886 |
For purposes of this division, "willfully betraying a | 1887 |
professional confidence" does not include providing any | 1888 |
information, documents, or reports to a child fatality review | 1889 |
board under sections 307.621 to 307.629 of the Revised Code and | 1890 |
does not include the making of a report of an employee's use of a | 1891 |
drug of abuse, or a report of a condition of an employee other | 1892 |
than one involving the use of a drug of abuse, to the employer of | 1893 |
the employee as described in division (B) of section 2305.33 of | 1894 |
the Revised Code. Nothing in this division affects the immunity | 1895 |
from civil liability conferred by that section upon a physician | 1896 |
who makes either type of report in accordance with division (B) of | 1897 |
that section. As used in this division, "employee," "employer," | 1898 |
and "physician" have the same meanings as in section 2305.33 of | 1899 |
the Revised Code. | 1900 |
(5) Making a false, fraudulent, deceptive, or misleading | 1901 |
statement in the solicitation of or advertising for patients; in | 1902 |
relation to the practice of medicine and surgery, osteopathic | 1903 |
medicine and surgery, podiatric medicine and surgery, or a limited | 1904 |
branch of medicine; or in securing or attempting to secure any | 1905 |
certificate to practice or certificate of registration issued by | 1906 |
the board. | 1907 |
As used in this division, "false, fraudulent, deceptive, or | 1908 |
misleading statement" means a statement that includes a | 1909 |
misrepresentation of fact, is likely to mislead or deceive because | 1910 |
of a failure to disclose material facts, is intended or is likely | 1911 |
to create false or unjustified expectations of favorable results, | 1912 |
or includes representations or implications that in reasonable | 1913 |
probability will cause an ordinarily prudent person to | 1914 |
misunderstand or be deceived. | 1915 |
(6) A departure from, or the failure to conform to, minimal | 1916 |
standards of care of similar practitioners under the same or | 1917 |
similar circumstances, whether or not actual injury to a patient | 1918 |
is established; | 1919 |
(7) Representing, with the purpose of obtaining compensation | 1920 |
or other advantage as personal gain or for any other person, that | 1921 |
an incurable disease or injury, or other incurable condition, can | 1922 |
be permanently cured; | 1923 |
(8) The obtaining of, or attempting to obtain, money or | 1924 |
anything of value by fraudulent misrepresentations in the course | 1925 |
of practice; | 1926 |
(9) A plea of guilty to, a judicial finding of guilt of, or a | 1927 |
judicial finding of eligibility for intervention in lieu of | 1928 |
conviction for, a felony; | 1929 |
(10) Commission of an act that constitutes a felony in this | 1930 |
state, regardless of the jurisdiction in which the act was | 1931 |
committed; | 1932 |
(11) A plea of guilty to, a judicial finding of guilt of, or | 1933 |
a judicial finding of eligibility for intervention in lieu of | 1934 |
conviction for, a misdemeanor committed in the course of practice; | 1935 |
(12) Commission of an act in the course of practice that | 1936 |
constitutes a misdemeanor in this state, regardless of the | 1937 |
jurisdiction in which the act was committed; | 1938 |
(13) A plea of guilty to, a judicial finding of guilt of, or | 1939 |
a judicial finding of eligibility for intervention in lieu of | 1940 |
conviction for, a misdemeanor involving moral turpitude; | 1941 |
(14) Commission of an act involving moral turpitude that | 1942 |
constitutes a misdemeanor in this state, regardless of the | 1943 |
jurisdiction in which the act was committed; | 1944 |
(15) Violation of the conditions of limitation placed by the | 1945 |
board upon a certificate to practice; | 1946 |
(16) Failure to pay license renewal fees specified in this | 1947 |
chapter; | 1948 |
(17) Except as authorized in section 4731.31 of the Revised | 1949 |
Code, engaging in the division of fees for referral of patients, | 1950 |
or the receiving of a thing of value in return for a specific | 1951 |
referral of a patient to utilize a particular service or business; | 1952 |
(18) Subject to section 4731.226 of the Revised Code, | 1953 |
violation of any provision of a code of ethics of the American | 1954 |
medical association, the American osteopathic association, the | 1955 |
American podiatric medical association, or any other national | 1956 |
professional organizations that the board specifies by rule. The | 1957 |
state medical board shall obtain and keep on file current copies | 1958 |
of the codes of ethics of the various national professional | 1959 |
organizations. The individual whose certificate is being suspended | 1960 |
or revoked shall not be found to have violated any provision of a | 1961 |
code of ethics of an organization not appropriate to the | 1962 |
individual's profession. | 1963 |
For purposes of this division, a "provision of a code of | 1964 |
ethics of a national professional organization" does not include | 1965 |
any provision that would preclude the making of a report by a | 1966 |
physician of an employee's use of a drug of abuse, or of a | 1967 |
condition of an employee other than one involving the use of a | 1968 |
drug of abuse, to the employer of the employee as described in | 1969 |
division (B) of section 2305.33 of the Revised Code. Nothing in | 1970 |
this division affects the immunity from civil liability conferred | 1971 |
by that section upon a physician who makes either type of report | 1972 |
in accordance with division (B) of that section. As used in this | 1973 |
division, "employee," "employer," and "physician" have the same | 1974 |
meanings as in section 2305.33 of the Revised Code. | 1975 |
(19) Inability to practice according to acceptable and | 1976 |
prevailing standards of care by reason of mental illness or | 1977 |
physical illness, including, but not limited to, physical | 1978 |
deterioration that adversely affects cognitive, motor, or | 1979 |
perceptive skills. | 1980 |
In enforcing this division, the board, upon a showing of a | 1981 |
possible violation, may compel any individual authorized to | 1982 |
practice by this chapter or who has submitted an application | 1983 |
pursuant to this chapter to submit to a mental examination, | 1984 |
physical examination, including an HIV test, or both a mental and | 1985 |
a physical examination. The expense of the examination is the | 1986 |
responsibility of the individual compelled to be examined. Failure | 1987 |
to submit to a mental or physical examination or consent to an HIV | 1988 |
test ordered by the board constitutes an admission of the | 1989 |
allegations against the individual unless the failure is due to | 1990 |
circumstances beyond the individual's control, and a default and | 1991 |
final order may be entered without the taking of testimony or | 1992 |
presentation of evidence. If the board finds an individual unable | 1993 |
to practice because of the reasons set forth in this division, the | 1994 |
board shall require the individual to submit to care, counseling, | 1995 |
or treatment by physicians approved or designated by the board, as | 1996 |
a condition for initial, continued, reinstated, or renewed | 1997 |
authority to practice. An individual affected under this division | 1998 |
shall be afforded an opportunity to demonstrate to the board the | 1999 |
ability to resume practice in compliance with acceptable and | 2000 |
prevailing standards under the provisions of the individual's | 2001 |
certificate. For the purpose of this division, any individual who | 2002 |
applies for or receives a certificate to practice under this | 2003 |
chapter accepts the privilege of practicing in this state and, by | 2004 |
so doing, shall be deemed to have given consent to submit to a | 2005 |
mental or physical examination when directed to do so in writing | 2006 |
by the board, and to have waived all objections to the | 2007 |
admissibility of testimony or examination reports that constitute | 2008 |
a privileged communication. | 2009 |
(20) Except when civil penalties are imposed under section | 2010 |
4731.225 or 4731.281 of the Revised Code, and subject to section | 2011 |
4731.226 of the Revised Code, violating or attempting to violate, | 2012 |
directly or indirectly, or assisting in or abetting the violation | 2013 |
of, or conspiring to violate, any provisions of this chapter or | 2014 |
any rule promulgated by the board. | 2015 |
This division does not apply to a violation or attempted | 2016 |
violation of, assisting in or abetting the violation of, or a | 2017 |
conspiracy to violate, any provision of this chapter or any rule | 2018 |
adopted by the board that would preclude the making of a report by | 2019 |
a physician of an employee's use of a drug of abuse, or of a | 2020 |
condition of an employee other than one involving the use of a | 2021 |
drug of abuse, to the employer of the employee as described in | 2022 |
division (B) of section 2305.33 of the Revised Code. Nothing in | 2023 |
this division affects the immunity from civil liability conferred | 2024 |
by that section upon a physician who makes either type of report | 2025 |
in accordance with division (B) of that section. As used in this | 2026 |
division, "employee," "employer," and "physician" have the same | 2027 |
meanings as in section 2305.33 of the Revised Code. | 2028 |
(21) The violation of section 3701.79 of the Revised Code or | 2029 |
of any abortion rule adopted by the public health council pursuant | 2030 |
to section 3701.341 of the Revised Code; | 2031 |
(22) Any of the following actions taken by an agency | 2032 |
responsible for authorizing, certifying, or regulating an | 2033 |
individual to practice a health care occupation or provide health | 2034 |
care services in this state or another jurisdiction, for any | 2035 |
reason other than the nonpayment of fees: the limitation, | 2036 |
revocation, or suspension of an individual's license to practice; | 2037 |
acceptance of an individual's license surrender; denial of a | 2038 |
license; refusal to renew or reinstate a license; imposition of | 2039 |
probation; or issuance of an order of censure or other reprimand; | 2040 |
(23) The violation of section 2919.12 of the Revised Code or | 2041 |
the performance or inducement of an abortion upon a pregnant woman | 2042 |
with actual knowledge that the conditions specified in division | 2043 |
(B) of section 2317.56 of the Revised Code have not been satisfied | 2044 |
or with a heedless indifference as to whether those conditions | 2045 |
have been satisfied, unless an affirmative defense as specified in | 2046 |
division (H)(2) of that section would apply in a civil action | 2047 |
authorized by division (H)(1) of that section; | 2048 |
(24) The revocation, suspension, restriction, reduction, or | 2049 |
termination of clinical privileges by the United States department | 2050 |
of defense or department of veterans affairs or the termination or | 2051 |
suspension of a certificate of registration to prescribe drugs by | 2052 |
the drug enforcement administration of the United States | 2053 |
department of justice; | 2054 |
(25) Termination or suspension from participation in the | 2055 |
medicare or medicaid programs by the department of health and | 2056 |
human services or other responsible agency for any act or acts | 2057 |
that also would constitute a violation of division (B)(2), (3), | 2058 |
(6), (8), or (19) of this section; | 2059 |
(26) Impairment of ability to practice according to | 2060 |
acceptable and prevailing standards of care because of habitual or | 2061 |
excessive use or abuse of drugs, alcohol, or other substances that | 2062 |
impair ability to practice. | 2063 |
For the purposes of this division, any individual authorized | 2064 |
to practice by this chapter accepts the privilege of practicing in | 2065 |
this state subject to supervision by the board. By filing an | 2066 |
application for or holding a certificate to practice under this | 2067 |
chapter, an individual shall be deemed to have given consent to | 2068 |
submit to a mental or physical examination when ordered to do so | 2069 |
by the board in writing, and to have waived all objections to the | 2070 |
admissibility of testimony or examination reports that constitute | 2071 |
privileged communications. | 2072 |
If it has reason to believe that any individual authorized to | 2073 |
practice by this chapter or any applicant for certification to | 2074 |
practice suffers such impairment, the board may compel the | 2075 |
individual to submit to a mental or physical examination, or both. | 2076 |
The expense of the examination is the responsibility of the | 2077 |
individual compelled to be examined. Any mental or physical | 2078 |
examination required under this division shall be undertaken by a | 2079 |
treatment provider or physician who is qualified to conduct the | 2080 |
examination and who is chosen by the board. | 2081 |
Failure to submit to a mental or physical examination ordered | 2082 |
by the board constitutes an admission of the allegations against | 2083 |
the individual unless the failure is due to circumstances beyond | 2084 |
the individual's control, and a default and final order may be | 2085 |
entered without the taking of testimony or presentation of | 2086 |
evidence. If the board determines that the individual's ability to | 2087 |
practice is impaired, the board shall suspend the individual's | 2088 |
certificate or deny the individual's application and shall require | 2089 |
the individual, as a condition for initial, continued, reinstated, | 2090 |
or renewed certification to practice, to submit to treatment. | 2091 |
Before being eligible to apply for reinstatement of a | 2092 |
certificate suspended under this division, the impaired | 2093 |
practitioner shall demonstrate to the board the ability to resume | 2094 |
practice in compliance with acceptable and prevailing standards of | 2095 |
care under the provisions of the practitioner's certificate. The | 2096 |
demonstration shall include, but shall not be limited to, the | 2097 |
following: | 2098 |
(a) Certification from a treatment provider approved under | 2099 |
section 4731.25 of the Revised Code that the individual has | 2100 |
successfully completed any required inpatient treatment; | 2101 |
(b) Evidence of continuing full compliance with an aftercare | 2102 |
contract or consent agreement; | 2103 |
(c) Two written reports indicating that the individual's | 2104 |
ability to practice has been assessed and that the individual has | 2105 |
been found capable of practicing according to acceptable and | 2106 |
prevailing standards of care. The reports shall be made by | 2107 |
individuals or providers approved by the board for making the | 2108 |
assessments and shall describe the basis for their determination. | 2109 |
The board may reinstate a certificate suspended under this | 2110 |
division after that demonstration and after the individual has | 2111 |
entered into a written consent agreement. | 2112 |
When the impaired practitioner resumes practice, the board | 2113 |
shall require continued monitoring of the individual. The | 2114 |
monitoring shall include, but not be limited to, compliance with | 2115 |
the written consent agreement entered into before reinstatement or | 2116 |
with conditions imposed by board order after a hearing, and, upon | 2117 |
termination of the consent agreement, submission to the board for | 2118 |
at least two years of annual written progress reports made under | 2119 |
penalty of perjury stating whether the individual has maintained | 2120 |
sobriety. | 2121 |
(27) A second or subsequent violation of section 4731.66 or | 2122 |
4731.69 of the Revised Code; | 2123 |
(28) Except as provided in division (N) of this section: | 2124 |
(a) Waiving the payment of all or any part of a deductible or | 2125 |
copayment that a patient, pursuant to a health insurance or health | 2126 |
care policy, contract, or plan that covers the individual's | 2127 |
services, otherwise would be required to pay if the waiver is used | 2128 |
as an enticement to a patient or group of patients to receive | 2129 |
health care services from that individual; | 2130 |
(b) Advertising that the individual will waive the payment of | 2131 |
all or any part of a deductible or copayment that a patient, | 2132 |
pursuant to a health insurance or health care policy, contract, or | 2133 |
plan that covers the individual's services, otherwise would be | 2134 |
required to pay. | 2135 |
(29) Failure to use universal blood and body fluid | 2136 |
precautions established by rules adopted under section 4731.051 of | 2137 |
the Revised Code; | 2138 |
(30) Failure to provide notice to, and receive acknowledgment | 2139 |
of the notice from, a patient when required by section 4731.143 of | 2140 |
the Revised Code prior to providing nonemergency professional | 2141 |
services, or failure to maintain that notice in the patient's | 2142 |
file; | 2143 |
(31) Failure of a physician supervising a physician assistant | 2144 |
to maintain supervision in accordance with the requirements of | 2145 |
Chapter 4730. of the Revised Code and the rules adopted under that | 2146 |
chapter; | 2147 |
(32) Failure of a physician or podiatrist to enter into a | 2148 |
standard care arrangement with a clinical nurse specialist, | 2149 |
certified nurse-midwife, or certified nurse practitioner with whom | 2150 |
the physician or podiatrist is in collaboration pursuant to | 2151 |
section 4731.27 of the Revised Code or failure to fulfill the | 2152 |
responsibilities of collaboration after entering into a standard | 2153 |
care arrangement; | 2154 |
(33) Failure to comply with the terms of a consult agreement | 2155 |
entered into with a pharmacist pursuant to section 4729.39 of the | 2156 |
Revised Code; | 2157 |
(34) Failure to cooperate in an investigation conducted by | 2158 |
the board under division (F) of this section, including failure to | 2159 |
comply with a subpoena or order issued by the board or failure to | 2160 |
answer truthfully a question presented by the board in an | 2161 |
investigative interview, an investigative office conference, at a | 2162 |
deposition, or in written interrogatories, except that failure to | 2163 |
cooperate with an investigation shall not constitute grounds for | 2164 |
discipline under this section if a court of competent jurisdiction | 2165 |
has issued an order that either quashes a subpoena or permits the | 2166 |
individual to withhold the testimony or evidence in issue; | 2167 |
(35) Failure to supervise an acupuncturist in accordance with | 2168 |
Chapter 4762. of the Revised Code and the board's rules for | 2169 |
supervision of an acupuncturist; | 2170 |
(36) Failure to supervise an anesthesiologist assistant in | 2171 |
accordance with Chapter 4760. of the Revised Code and the board's | 2172 |
rules for supervision of an anesthesiologist assistant; | 2173 |
(37) Assisting suicide as defined in section 3795.01 of the | 2174 |
Revised Code; | 2175 |
(38) Failure to comply with the requirements of section | 2176 |
2317.561 of the Revised Code; | 2177 |
(39) Failure to supervise a radiologist assistant in | 2178 |
accordance with Chapter 4774. of the Revised Code and the board's | 2179 |
rules for supervision of radiologist assistants; | 2180 |
(40) Performing or inducing an abortion at an office or | 2181 |
facility with knowledge that the office or facility fails to post | 2182 |
the notice required under section 3701.791 of the Revised Code; | 2183 |
(41) Failure to comply with the standards and procedures | 2184 |
established in rules under section 4731.054 of the Revised Code | 2185 |
for the operation of or the provision of care at a pain management | 2186 |
clinic; | 2187 |
(42) Failure to comply with the standards and procedures | 2188 |
established in rules under section 4731.054 of the Revised Code | 2189 |
for providing supervision, direction, and control of individuals | 2190 |
at a pain management clinic; | 2191 |
(43) Failure to comply with the requirements of section | 2192 |
4729.79 of the Revised Code, unless the state board of pharmacy no | 2193 |
longer maintains a drug database pursuant to section 4729.75 of | 2194 |
the Revised Code; | 2195 |
| 2196 |
2919.171 of the Revised Code or failure to submit to the | 2197 |
department of health in accordance with a court order a complete | 2198 |
report as described in section 2919.171 of the Revised Code; | 2199 |
(45) Practicing at a facility that is subject to licensure as | 2200 |
a category III terminal distributor of dangerous drugs with a pain | 2201 |
management clinic classification unless the person operating the | 2202 |
facility has obtained and maintains the license with the | 2203 |
classification; | 2204 |
(46) Owning a facility that is subject to licensure as a | 2205 |
category III terminal distributor of dangerous drugs with a pain | 2206 |
management clinic classification unless the facility is licensed | 2207 |
with the classification. | 2208 |
(C) Disciplinary actions taken by the board under divisions | 2209 |
(A) and (B) of this section shall be taken pursuant to an | 2210 |
adjudication under Chapter 119. of the Revised Code, except that | 2211 |
in lieu of an adjudication, the board may enter into a consent | 2212 |
agreement with an individual to resolve an allegation of a | 2213 |
violation of this chapter or any rule adopted under it. A consent | 2214 |
agreement, when ratified by an affirmative vote of not fewer than | 2215 |
six members of the board, shall constitute the findings and order | 2216 |
of the board with respect to the matter addressed in the | 2217 |
agreement. If the board refuses to ratify a consent agreement, the | 2218 |
admissions and findings contained in the consent agreement shall | 2219 |
be of no force or effect. | 2220 |
A telephone conference call may be utilized for ratification | 2221 |
of a consent agreement that revokes or suspends an individual's | 2222 |
certificate to practice. The telephone conference call shall be | 2223 |
considered a special meeting under division (F) of section 121.22 | 2224 |
of the Revised Code. | 2225 |
If the board takes disciplinary action against an individual | 2226 |
under division (B) of this section for a second or subsequent plea | 2227 |
of guilty to, or judicial finding of guilt of, a violation of | 2228 |
section 2919.123 of the Revised Code, the disciplinary action | 2229 |
shall consist of a suspension of the individual's certificate to | 2230 |
practice for a period of at least one year or, if determined | 2231 |
appropriate by the board, a more serious sanction involving the | 2232 |
individual's certificate to practice. Any consent agreement | 2233 |
entered into under this division with an individual that pertains | 2234 |
to a second or subsequent plea of guilty to, or judicial finding | 2235 |
of guilt of, a violation of that section shall provide for a | 2236 |
suspension of the individual's certificate to practice for a | 2237 |
period of at least one year or, if determined appropriate by the | 2238 |
board, a more serious sanction involving the individual's | 2239 |
certificate to practice. | 2240 |
(D) For purposes of divisions (B)(10), (12), and (14) of this | 2241 |
section, the commission of the act may be established by a finding | 2242 |
by the board, pursuant to an adjudication under Chapter 119. of | 2243 |
the Revised Code, that the individual committed the act. The board | 2244 |
does not have jurisdiction under those divisions if the trial | 2245 |
court renders a final judgment in the individual's favor and that | 2246 |
judgment is based upon an adjudication on the merits. The board | 2247 |
has jurisdiction under those divisions if the trial court issues | 2248 |
an order of dismissal upon technical or procedural grounds. | 2249 |
(E) The sealing of conviction records by any court shall have | 2250 |
no effect upon a prior board order entered under this section or | 2251 |
upon the board's jurisdiction to take action under this section | 2252 |
if, based upon a plea of guilty, a judicial finding of guilt, or a | 2253 |
judicial finding of eligibility for intervention in lieu of | 2254 |
conviction, the board issued a notice of opportunity for a hearing | 2255 |
prior to the court's order to seal the records. The board shall | 2256 |
not be required to seal, destroy, redact, or otherwise modify its | 2257 |
records to reflect the court's sealing of conviction records. | 2258 |
(F)(1) The board shall investigate evidence that appears to | 2259 |
show that a person has violated any provision of this chapter or | 2260 |
any rule adopted under it. Any person may report to the board in a | 2261 |
signed writing any information that the person may have that | 2262 |
appears to show a violation of any provision of this chapter or | 2263 |
any rule adopted under it. In the absence of bad faith, any person | 2264 |
who reports information of that nature or who testifies before the | 2265 |
board in any adjudication conducted under Chapter 119. of the | 2266 |
Revised Code shall not be liable in damages in a civil action as a | 2267 |
result of the report or testimony. Each complaint or allegation of | 2268 |
a violation received by the board shall be assigned a case number | 2269 |
and shall be recorded by the board. | 2270 |
(2) Investigations of alleged violations of this chapter or | 2271 |
any rule adopted under it shall be supervised by the supervising | 2272 |
member elected by the board in accordance with section 4731.02 of | 2273 |
the Revised Code and by the secretary as provided in section | 2274 |
4731.39 of the Revised Code. The president may designate another | 2275 |
member of the board to supervise the investigation in place of the | 2276 |
supervising member. No member of the board who supervises the | 2277 |
investigation of a case shall participate in further adjudication | 2278 |
of the case. | 2279 |
(3) In investigating a possible violation of this chapter or | 2280 |
any rule adopted under this chapter, or in conducting an | 2281 |
inspection under division (E) of section 4731.054 of the Revised | 2282 |
Code, the board may question witnesses, conduct interviews, | 2283 |
administer oaths, order the taking of depositions, inspect and | 2284 |
copy any books, accounts, papers, records, or documents, issue | 2285 |
subpoenas, and compel the attendance of witnesses and production | 2286 |
of books, accounts, papers, records, documents, and testimony, | 2287 |
except that a subpoena for patient record information shall not be | 2288 |
issued without consultation with the attorney general's office and | 2289 |
approval of the secretary and supervising member of the board. | 2290 |
2291 |
(a) Before issuance of a subpoena for patient record | 2292 |
information, the secretary and supervising member shall determine | 2293 |
whether there is probable cause to believe that the complaint | 2294 |
filed alleges a violation of this chapter or any rule adopted | 2295 |
under it and that the records sought are relevant to the alleged | 2296 |
violation and material to the investigation. The subpoena may | 2297 |
apply only to records that cover a reasonable period of time | 2298 |
surrounding the alleged violation. | 2299 |
(b) On failure to comply with any subpoena issued by the | 2300 |
board and after reasonable notice to the person being subpoenaed, | 2301 |
the board may move for an order compelling the production of | 2302 |
persons or records pursuant to the Rules of Civil Procedure. | 2303 |
(c) A subpoena issued by the board may be served by a | 2304 |
sheriff, the sheriff's deputy, or a board employee designated by | 2305 |
the board. Service of a subpoena issued by the board may be made | 2306 |
by delivering a copy of the subpoena to the person named therein, | 2307 |
reading it to the person, or leaving it at the person's usual | 2308 |
place of residence, usual place of business, or address on file | 2309 |
with the board. When | 2310 |
2311 | |
or the holder of a certificate issued under this chapter, service | 2312 |
of the subpoena may be made by certified mail, | 2313 |
2314 | |
deemed served on the date delivery is made or the date the person | 2315 |
refuses to accept delivery. If the person being served refuses to | 2316 |
accept the subpoena or is not located, service may be made to an | 2317 |
attorney who notifies the board that the attorney is representing | 2318 |
the person. | 2319 |
(d) A sheriff's deputy who serves a subpoena shall receive | 2320 |
the same fees as a sheriff. Each witness who appears before the | 2321 |
board in obedience to a subpoena shall receive the fees and | 2322 |
mileage provided for under section 119.094 of the Revised Code. | 2323 |
(4) All hearings | 2324 |
board shall be considered civil actions for the purposes of | 2325 |
section 2305.252 of the Revised Code. | 2326 |
(5) | 2327 |
board under this chapter, a complaint, or information received by | 2328 |
the board pursuant to an investigation | 2329 |
inspection under division (E) of section 4731.054 of the Revised | 2330 |
Code is confidential and not subject to discovery in any civil | 2331 |
action. | 2332 |
The board shall conduct all investigations or inspections and | 2333 |
proceedings in a manner that protects the confidentiality of | 2334 |
patients and persons who file complaints with the board. The board | 2335 |
shall not make public the names or any other identifying | 2336 |
information about patients or complainants unless proper consent | 2337 |
is given or, in the case of a patient, a waiver of the patient | 2338 |
privilege exists under division (B) of section 2317.02 of the | 2339 |
Revised Code, except that consent or a waiver of that nature is | 2340 |
not required if the board possesses reliable and substantial | 2341 |
evidence that no bona fide physician-patient relationship exists. | 2342 |
The board may share any information it receives pursuant to | 2343 |
an investigation or inspection, including patient records and | 2344 |
patient record information, with law enforcement agencies, other | 2345 |
licensing boards, and other governmental agencies that are | 2346 |
prosecuting, adjudicating, or investigating alleged violations of | 2347 |
statutes or administrative rules. An agency or board that receives | 2348 |
the information shall comply with the same requirements regarding | 2349 |
confidentiality as those with which the state medical board must | 2350 |
comply, notwithstanding any conflicting provision of the Revised | 2351 |
Code or procedure of the agency or board that applies when it is | 2352 |
dealing with other information in its possession. In a judicial | 2353 |
proceeding, the information may be admitted into evidence only in | 2354 |
accordance with the Rules of Evidence, but the court shall require | 2355 |
that appropriate measures are taken to ensure that confidentiality | 2356 |
is maintained with respect to any part of the information that | 2357 |
contains names or other identifying information about patients or | 2358 |
complainants whose confidentiality was protected by the state | 2359 |
medical board when the information was in the board's possession. | 2360 |
Measures to ensure confidentiality that may be taken by the court | 2361 |
include sealing its records or deleting specific information from | 2362 |
its records. | 2363 |
(6) On a quarterly basis, the board shall prepare a report | 2364 |
that documents the disposition of all cases during the preceding | 2365 |
three months. The report shall contain the following information | 2366 |
for each case with which the board has completed its activities: | 2367 |
(a) The case number assigned to the complaint or alleged | 2368 |
violation; | 2369 |
(b) The type of certificate to practice, if any, held by the | 2370 |
individual against whom the complaint is directed; | 2371 |
(c) A description of the allegations contained in the | 2372 |
complaint; | 2373 |
(d) The disposition of the case. | 2374 |
The report shall state how many cases are still pending and | 2375 |
shall be prepared in a manner that protects the identity of each | 2376 |
person involved in each case. The report shall be a public record | 2377 |
under section 149.43 of the Revised Code. | 2378 |
(G) If the secretary and supervising member determine both of | 2379 |
the following, they may recommend that the board suspend an | 2380 |
individual's certificate to practice without a prior hearing: | 2381 |
(1) That there is clear and convincing evidence that an | 2382 |
individual has violated division (B) of this section; | 2383 |
(2) That the individual's continued practice presents a | 2384 |
danger of immediate and serious harm to the public. | 2385 |
Written allegations shall be prepared for consideration by | 2386 |
the board. The board, upon review of those allegations and by an | 2387 |
affirmative vote of not fewer than six of its members, excluding | 2388 |
the secretary and supervising member, may suspend a certificate | 2389 |
without a prior hearing. A telephone conference call may be | 2390 |
utilized for reviewing the allegations and taking the vote on the | 2391 |
summary suspension. | 2392 |
The board shall issue a written order of suspension by | 2393 |
certified mail or in person in accordance with section 119.07 of | 2394 |
the Revised Code. The order shall not be subject to suspension by | 2395 |
the court during pendency of any appeal filed under section 119.12 | 2396 |
of the Revised Code. If the individual subject to the summary | 2397 |
suspension requests an adjudicatory hearing by the board, the date | 2398 |
set for the hearing shall be within fifteen days, but not earlier | 2399 |
than seven days, after the individual requests the hearing, unless | 2400 |
otherwise agreed to by both the board and the individual. | 2401 |
Any summary suspension imposed under this division shall | 2402 |
remain in effect, unless reversed on appeal, until a final | 2403 |
adjudicative order issued by the board pursuant to this section | 2404 |
and Chapter 119. of the Revised Code becomes effective. The board | 2405 |
shall issue its final adjudicative order within seventy-five days | 2406 |
after completion of its hearing. A failure to issue the order | 2407 |
within seventy-five days shall result in dissolution of the | 2408 |
summary suspension order but shall not invalidate any subsequent, | 2409 |
final adjudicative order. | 2410 |
(H) If the board takes action under division (B)(9), (11), or | 2411 |
(13) of this section and the judicial finding of guilt, guilty | 2412 |
plea, or judicial finding of eligibility for intervention in lieu | 2413 |
of conviction is overturned on appeal, upon exhaustion of the | 2414 |
criminal appeal, a petition for reconsideration of the order may | 2415 |
be filed with the board along with appropriate court documents. | 2416 |
Upon receipt of a petition of that nature and supporting court | 2417 |
documents, the board shall reinstate the individual's certificate | 2418 |
to practice. The board may then hold an adjudication under Chapter | 2419 |
119. of the Revised Code to determine whether the individual | 2420 |
committed the act in question. Notice of an opportunity for a | 2421 |
hearing shall be given in accordance with Chapter 119. of the | 2422 |
Revised Code. If the board finds, pursuant to an adjudication held | 2423 |
under this division, that the individual committed the act or if | 2424 |
no hearing is requested, the board may order any of the sanctions | 2425 |
identified under division (B) of this section. | 2426 |
(I) The certificate to practice issued to an individual under | 2427 |
this chapter and the individual's practice in this state are | 2428 |
automatically suspended as of the date of the individual's second | 2429 |
or subsequent plea of guilty to, or judicial finding of guilt of, | 2430 |
a violation of section 2919.123 of the Revised Code, or the date | 2431 |
the individual pleads guilty to, is found by a judge or jury to be | 2432 |
guilty of, or is subject to a judicial finding of eligibility for | 2433 |
intervention in lieu of conviction in this state or treatment or | 2434 |
intervention in lieu of conviction in another jurisdiction for any | 2435 |
of the following criminal offenses in this state or a | 2436 |
substantially equivalent criminal offense in another jurisdiction: | 2437 |
aggravated murder, murder, voluntary manslaughter, felonious | 2438 |
assault, kidnapping, rape, sexual battery, gross sexual | 2439 |
imposition, aggravated arson, aggravated robbery, or aggravated | 2440 |
burglary. Continued practice after suspension shall be considered | 2441 |
practicing without a certificate. | 2442 |
The board shall notify the individual subject to the | 2443 |
suspension by certified mail or in person in accordance with | 2444 |
section 119.07 of the Revised Code. If an individual whose | 2445 |
certificate is automatically suspended under this division fails | 2446 |
to make a timely request for an adjudication under Chapter 119. of | 2447 |
the Revised Code, the board shall do whichever of the following is | 2448 |
applicable: | 2449 |
(1) If the automatic suspension under this division is for a | 2450 |
second or subsequent plea of guilty to, or judicial finding of | 2451 |
guilt of, a violation of section 2919.123 of the Revised Code, the | 2452 |
board shall enter an order suspending the individual's certificate | 2453 |
to practice for a period of at least one year or, if determined | 2454 |
appropriate by the board, imposing a more serious sanction | 2455 |
involving the individual's certificate to practice. | 2456 |
(2) In all circumstances in which division (I)(1) of this | 2457 |
section does not apply, enter a final order permanently revoking | 2458 |
the individual's certificate to practice. | 2459 |
(J) If the board is required by Chapter 119. of the Revised | 2460 |
Code to give notice of an opportunity for a hearing and if the | 2461 |
individual subject to the notice does not timely request a hearing | 2462 |
in accordance with section 119.07 of the Revised Code, the board | 2463 |
is not required to hold a hearing, but may adopt, by an | 2464 |
affirmative vote of not fewer than six of its members, a final | 2465 |
order that contains the board's findings. In that final order, the | 2466 |
board may order any of the sanctions identified under division (A) | 2467 |
or (B) of this section. | 2468 |
(K) Any action taken by the board under division (B) of this | 2469 |
section resulting in a suspension from practice shall be | 2470 |
accompanied by a written statement of the conditions under which | 2471 |
the individual's certificate to practice may be reinstated. The | 2472 |
board shall adopt rules governing conditions to be imposed for | 2473 |
reinstatement. Reinstatement of a certificate suspended pursuant | 2474 |
to division (B) of this section requires an affirmative vote of | 2475 |
not fewer than six members of the board. | 2476 |
(L) When the board refuses to grant a certificate to an | 2477 |
applicant, revokes an individual's certificate to practice, | 2478 |
refuses to register an applicant, or refuses to reinstate an | 2479 |
individual's certificate to practice, the board may specify that | 2480 |
its action is permanent. An individual subject to a permanent | 2481 |
action taken by the board is forever thereafter ineligible to hold | 2482 |
a certificate to practice and the board shall not accept an | 2483 |
application for reinstatement of the certificate or for issuance | 2484 |
of a new certificate. | 2485 |
(M) Notwithstanding any other provision of the Revised Code, | 2486 |
all of the following apply: | 2487 |
(1) The surrender of a certificate issued under this chapter | 2488 |
shall not be effective unless or until accepted by the board. A | 2489 |
telephone conference call may be utilized for acceptance of the | 2490 |
surrender of an individual's certificate to practice. The | 2491 |
telephone conference call shall be considered a special meeting | 2492 |
under division (F) of section 121.22 of the Revised Code. | 2493 |
Reinstatement of a certificate surrendered to the board requires | 2494 |
an affirmative vote of not fewer than six members of the board. | 2495 |
(2) An application for a certificate made under the | 2496 |
provisions of this chapter may not be withdrawn without approval | 2497 |
of the board. | 2498 |
(3) Failure by an individual to renew a certificate of | 2499 |
registration in accordance with this chapter shall not remove or | 2500 |
limit the board's jurisdiction to take any disciplinary action | 2501 |
under this section against the individual. | 2502 |
(4) At the request of the board, a certificate holder shall | 2503 |
immediately surrender to the board a certificate that the board | 2504 |
has suspended, revoked, or permanently revoked. | 2505 |
(N) Sanctions shall not be imposed under division (B)(28) of | 2506 |
this section against any person who waives deductibles and | 2507 |
copayments as follows: | 2508 |
(1) In compliance with the health benefit plan that expressly | 2509 |
allows such a practice. Waiver of the deductibles or copayments | 2510 |
shall be made only with the full knowledge and consent of the plan | 2511 |
purchaser, payer, and third-party administrator. Documentation of | 2512 |
the consent shall be made available to the board upon request. | 2513 |
(2) For professional services rendered to any other person | 2514 |
authorized to practice pursuant to this chapter, to the extent | 2515 |
allowed by this chapter and rules adopted by the board. | 2516 |
(O) Under the board's investigative duties described in this | 2517 |
section and subject to division (F) of this section, the board | 2518 |
shall develop and implement a quality intervention program | 2519 |
designed to improve through remedial education the clinical and | 2520 |
communication skills of individuals authorized under this chapter | 2521 |
to practice medicine and surgery, osteopathic medicine and | 2522 |
surgery, and podiatric medicine and surgery. In developing and | 2523 |
implementing the quality intervention program, the board may do | 2524 |
all of the following: | 2525 |
(1) Offer in appropriate cases as determined by the board an | 2526 |
educational and assessment program pursuant to an investigation | 2527 |
the board conducts under this section; | 2528 |
(2) Select providers of educational and assessment services, | 2529 |
including a quality intervention program panel of case reviewers; | 2530 |
(3) Make referrals to educational and assessment service | 2531 |
providers and approve individual educational programs recommended | 2532 |
by those providers. The board shall monitor the progress of each | 2533 |
individual undertaking a recommended individual educational | 2534 |
program. | 2535 |
(4) Determine what constitutes successful completion of an | 2536 |
individual educational program and require further monitoring of | 2537 |
the individual who completed the program or other action that the | 2538 |
board determines to be appropriate; | 2539 |
(5) Adopt rules in accordance with Chapter 119. of the | 2540 |
Revised Code to further implement the quality intervention | 2541 |
program. | 2542 |
An individual who participates in an individual educational | 2543 |
program pursuant to this division shall pay the financial | 2544 |
obligations arising from that educational program. | 2545 |
Sec. 4731.39. The secretary of the state medical board shall | 2546 |
enforce
| 2547 |
this chapter and the rules adopted under it. If | 2548 |
has knowledge or notice of a violation, | 2549 |
investigate the matter, and, upon probable cause appearing, file a | 2550 |
complaint and prosecute the offender. When requested by the | 2551 |
secretary, the prosecuting attorney of the proper county shall | 2552 |
take charge of and conduct such prosecution. | 2553 |
Section 2. That existing sections 3719.41, 4715.033, | 2554 |
4715.034, 4715.30, 4715.301, 4715.302, 4723.487, 4725.092, | 2555 |
4729.16, 4729.162, 4729.291, 4729.51, 4729.552, 4729.57, 4729.79, | 2556 |
4729.80, 4729.86, 4730.53, 4731.054, 4731.055, 4731.22, and | 2557 |
4731.39 of the Revised Code are hereby repealed. | 2558 |
Section 3. Section 4729.51 of the Revised Code is presented | 2559 |
in this act as a composite of the section as amended by both Am. | 2560 |
H.B. 9 and Am. Sub. H.B. 93 of the 129th General Assembly. The | 2561 |
General Assembly, applying the principle stated in division (B) of | 2562 |
section 1.52 of the Revised Code that amendments are to be | 2563 |
harmonized if reasonably capable of simultaneous operation, finds | 2564 |
that the composite is the resulting version of the section in | 2565 |
effect prior to the effective date of the section as presented in | 2566 |
this act. | 2567 |
Section 4. Section 4731.22 of the Revised Code is presented | 2568 |
in this act as a composite of the section as amended by both H.B. | 2569 |
78 and Am. Sub. H.B. 93 of the 129th General Assembly. The General | 2570 |
Assembly, applying the principle stated in division (B) of section | 2571 |
1.52 of the Revised Code that amendments are to be harmonized if | 2572 |
reasonably capable of simultaneous operation, finds that the | 2573 |
composite is the resulting version of the section in effect prior | 2574 |
to the effective date of the section as presented in this act. | 2575 |