Ohio Medical Board Governing Statutes

(A) “Physician assistant” means a skilled person qualified by academic and clinical training to provide services to patients as a physician assistant under the supervision and direction of one or more physicians who are responsible for the physician assistant’s performance.

(B) “Physician” means an individual who is authorized under Chapter 4731. of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatry.

Effective 11‑6‑96.

§ 4730.02 Prohibitions.

(A) No person shall hold himself or herself out as being able to function as a physician assistant, or use any words or letters indicating or implying that the person is a physician assistant, without a current, valid certificate of registration or temporary certificate of registration as a physician assistant issued pursuant to this chapter.

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

(C) No physician shall act as the supervising physician of a physician assistant without having received the state medical board’s approval of a physician assistant utilization plan and approval of a supervision agreement entered into with the physician assistant.

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

(E) No physician shall authorize a physician assistant to perform services as a physician assistant in a manner that is inconsistent with the standard or supplemental physician assistant utilization plan under which that physician assistant practices.

(F) No person shall practice as a physician assistant in a manner that is inconsistent with the standard or supplemental physician assistant utilization plan approved for the physician who is responsible for supervising the physician assistant.

(G) No physician assistant may advertise, except for the purpose of seeking employment.

(H) No physician assistant shall fail to wear at all times when on duty a placard, plate, or other device identifying himself or herself as a “physician assistant.”

Effective 3‑5‑96.

§ 4730.03 Exceptions.

Nothing in this chapter shall:

(A) Be construed to affect or interfere with the performance of duties of any medical personnel in active service in the army, navy, coast guard, marine corps, air force, public health service, or marine hospital service of the United States while so serving;

(B) Prevent any person from performing any of the services a physician assistant may be authorized to perform, if the person’s professional scope of practice established under any other chapter of the Revised Code authorizes the person to perform the services;

(C) Prohibit a physician from delegating responsibilities to any nurse or other qualified person not registered as a physician assistant provided such an individual does not hold himself or herself out to be a physician assistant;

(D) Be construed as authorizing a physician assistant independently to order or direct the execution of procedures or techniques by a registered nurse or licensed practical nurse in the care and treatment of a person in any setting;

(E) Authorize a physician assistant to administer, monitor, or maintain an anesthetic, except for the administration of a regional anesthetic, such as a “digital block,” that is administered in connection with the care and suturing of minor lacerations;

(F) Authorize a physician assistant to engage in the practice of optometry, except to the extent that the physician assistant is authorized by a supervising physician through a physician assistant utilization plan approved by the state medical board under section 4730.18 of the Revised Code to perform routine visual screening, provide medical care prior to or following eye surgery, or assist in the care of diseases of the eye.

Effective 11‑6‑96.

§ 4730.05 Physician assistant policy committee.

There is hereby created the physician assistant policy committee of the state medical board, consisting of seven members to be appointed by the president of the board. Three members of the committee shall be physicians. Of the physician members, one shall be a member of the state medical board, one shall be appointed from a list of five physicians recommended by the Ohio state medical association, and one shall be appointed from a list of five physicians recommended by the Ohio osteopathic association. At all times, the physician membership of the committee shall include at least one physician who is a supervising physician of a physician assistant, preferably with at least two years’ experience as a supervising physician. Three members shall be physician assistants appointed from a list of five individuals recommended by the Ohio association of physician assistants. One member, who is not affiliated with any health care profession, shall be appointed to represent the interests of consumers.

Terms of office shall be for two years, with each term ending on the same day of the same month as did the term that it succeeds. Each member shall hold office from the date of being appointed until the end of the term for which the member was appointed. Members may be reappointed, except that a member may not be appointed to serve more than three consecutive terms. As vacancies occur, a successor shall be appointed who has the qualifications the vacancy requires. A member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed shall hold office as a member for the remainder of that term A member shall continue in office subsequent to the expiration date of the member’s term until a successor takes office or until a period of sixty days has elapsed, whichever occurs first.

Each member of the committee shall receive an amount fixed pursuant to division (J) of section 124.15 of the Revised Code for each day employed in the discharge of official duties as a member, and shall also receive necessary and actual expenses incurred in the performance of official duties as a member.

The committee shall elect a chairperson by a majority vote of the committee members. The committee may elect a new chairperson at any time.

The state medical board may appoint assistants, clerical staff, or other employees as necessary for the committee to perform its duties adequately.

The committee shall meet at least four times a year and at such other times as may be necessary to carry out its responsibilities.

Effective 3‑5‑96.

§ 4730.06 Committee to consider recommendations to state medical board.

(A) The physician assistant policy committee of the state medical board shall review, and may submit recommendations to the board concerning, the following:

(1) Education and registration requirements for physician assistants;

(2) Existing and proposed rules pertaining to the practice of physician assistants, the supervisory relationship between physician assistants and supervising physicians, and the administration and enforcement of this chapter;

(3) Application procedures and forms for certificates of registration for physician assistants, standard and supplemental physician assistant utilization plans, and supervision agreements;

(4) Registration and renewal fees required by this chapter;

(5) Criteria to be included in standard and supplemental utilization plans and in supervision agreements;

(6) Adoption of model standard utilization plans;

(7) Any issue the board asks the committee to consider.

(B) The board shall take into consideration all recommendations submitted by the committee. Not later than ninety days after receiving a recommendation from the committee, the board shall approve or disapprove the recommendation and notify the committee of its decision. If a recommendation is disapproved, the board shall inform the committee of its reasons for making that decision. The committee may resubmit the recommendation after addressing the concerns expressed by the board and modifying the disapproved recommendation accordingly. Not later than ninety days after receiving a resubmitted recommendation, the board shall approve or disapprove the recommendation. There is no limit on the number of times the committee may resubmit a recommendation for consideration by the board. It is not necessary for the committee to make a recommendation before the board may take action regarding a particular matter.

Effective 3‑5‑96.

§ 4730.07 Additional rules.

In addition to rules that are required by this chapter to be adopted, the state medical board may adopt any other rules necessary to govern the practice of physician assistants, the supervisory relationship between physician assistants and supervising physicians, and the administration and enforcement of this chapter. Rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

Effective 3‑5‑96.

§ 4730.10 Application for certificate of registration; fee.

(A) An individual seeking a certificate of registration as a physician assistant shall file with the state medical board a written application on a form prescribed and supplied by the board. The application shall include all of the following:

(1 ) Satisfactory proof that the applicant is at least eighteen years of age and of good moral character;

(2) The status of the applicant with respect to eligibility for and application to take, or satisfactory completion of, the examination of the national commission for certification of physician assistants or a successor organization that is recognized by the board;

(3) Any other information the board requires.

(B) The board shall review all applications received under this section. The board shall determine whether an applicant meets the requirements to receive a certificate of registration not later than sixty days after receiving a complete application. The affirmative vote of not fewer than six members of the board is required to determine that an applicant meets the requirements for a certificate.

A certificate of registration shall not be issued to an applicant unless the applicant is certified by the national commission on certification of physician assistants or a successor organization that is recognized by the board, except that the board may issue a temporary certificate of registration to an applicant who has not yet taken the examination of the commission or its successor organization but is eligible for and has made application to take the examination. A temporary certificate shall be valid only until the results of the next examinations are available to the board.

(C) At the time of making application for a certificate of registration, the applicant shall pay the board a fee of one hundred dollars, no part of which shall be returned. Such fees shall be deposited in accordance with section 4731.24 of the Revised Code.

Effective 3‑9‑99.

§ 4730.11 Certificate of registration.

If the state medical board determines under section 4730.10 of the Revised Code that an applicant meets the requirements for a certificate of registration as a physician assistant, the secretary of the board shall register the applicant as a physician assistant and issue to the applicant a certificate of registration as a physician assistant. The certificate shall expire biennially and may be renewed in accordance with section 4730.12 of the Revised Code.

Upon application by the holder of a certificate of registration, the board shall issue a duplicate certificate to replace one that is missing or damaged, to reflect a name change, or for any other reasonable cause. The fee for a duplicate certificate shall be thirty-five dollars.

Effective 6-60-99

§ 4730.12 Renewal of registration; fee; continuing education.

(A) A person seeking to renew a certificate of registration as a physician assistant shall, on or before the thirty‑first day of January of each even‑numbered year, apply for renewal of the certificate. The state medical board shall send renewal notices at least one month prior to the expiration date.

Applications shall be submitted to the board on forms the board shall prescribe and furnish. Each application shall be accompanied by a biennial renewal fee of fifty dollars. The board shall deposit the fees in accordance with section 4731.24 of the Revised Code.

The applicant shall report any criminal offense that constitutes grounds for refusing to issue a certificate of registration under section 4730.25 of the Revised Code to which the applicant has pleaded guilty, of which the applicant has been found guilty, or for which the applicant has been found eligible for treatment in lieu of conviction, since last signing an application for a certificate of registration as a physician assistant.

(B) To be eligible for renewal, a physician assistant must certify to the board both of the following:

(1) That the physician assistant has maintained certification by the national commission on certification of physician assistants or a successor organization that is recognized by the board by meeting the standards to hold current certification from the commission or its successor, including completion of continuing medical education requirements and passing periodic recertification examinations;

(2) Except as provided in division (D) of this section, that the physician assistant has completed during the current registration period not less than one hundred hours of continuing medical education acceptable to the board. The board shall adopt rules in accordance with Chapter 119. of the Revised Code specifying the types of continuing medical education that must be completed to fulfill the board’s requirements. The board shall not adopt rules that require a physician assistant to complete in any registration period more than one hundred hours of continuing medical education acceptable to the board. In fulfilling the board’s requirements, a physician assistant may use continuing medical education courses or programs completed to maintain certification by the national commission on certification of physician assistants or a successor organization that is recognized by the board if the standards for acceptable courses and programs of the commission or its successor are at least equivalent to the standards established by the board.

(C) If an applicant submits a complete renewal application and qualifies for renewal pursuant to division (B) of this section, the board shall issue to the applicant a renewed certificate of registration as a physician assistant. The board may require a random sample of physician assistants to submit materials documenting certification by the national commission on certification of physician assistants or a successor organization that is required by the board and completion of the required number of hours of continuing medical education.

(D) The board shall provide for pro rata reductions by month of the number of hours of continuing education that must be completed for individuals who are in their first registration period, who have been disabled due to illness or accident, or who have been absent from the country. The board shall adopt rules, in accordance with Chapter 119. of the Revised Code, as necessary to implement this division.

(E) A certificate of registration that is not renewed on or before its expiration date is automatically suspended on its expiration date. The state medical board shall reinstate a certificate suspended for failure to renew upon an applicant’s submission of the biennial renewal fee, the applicable monetary penalty, and certification that the number of hours of continuing education necessary to have a certificate reinstated have been completed, as specified in rules the board shall adopt in accordance with Chapter 119. of the Revised Code. The penalty for reinstatement shall be twenty‑five dollars if the certificate has been suspended for two years or less and fifty dollars if the certificate has been suspended for more than two years. The board shall deposit penalties in accordance with section 4731.24 of the Revised Code.

(F) If an individual certifies that the individual has completed the number of hours and type of continuing medical education required for renewal or reinstatement of a certificate of registration as a physician assistant, and the board finds through a random sample conducted under division (C) of this section or through any other means that the individual did not complete the requisite continuing medical education, the board may impose a civil penalty of not more than five thousand dollars. The board’s finding shall be made pursuant to an adjudication under Chapter 119. of the Revised Code and by an affirmative vote of not fewer than six members.

A civil penalty imposed under this division may be in addition to or in lieu of any other action the board may take under section 4730.25 of the Revised Code. The board shall deposit civil penalties in accordance with section 4731.24 of the Revised Code.

Effective 3‑9‑99.

§ 4730.15 Model standard utilization plans.

The physician assistant policy committee of the state medical board shall develop one or more model plans that may be used by a physician in applying for approval of a standard physician assistant utilization plan under section 4730.18 of the Revised Code. If more than one plan is developed, the committee may develop model plans reflecting various specialties in the field of medicine as it pertains to physician assistants.

The committee shall submit each plan developed as a recommendation for approval of the board under section 4730.05 of the Revised Code. A model standard utilization plan that has been approved by the board may be used by a physician when applying under section 4730.18 of the Revised Code for approval of a standard utilization plan or as the basis of an application for approval under that section of a supplemental physician assistant utilization plan.

Effective 3‑5‑96.

§ 4730.16 Required contents of utilization plan; limitations on authorized services.

(A) A standard physician assistant utilization plan shall specify all of the following:

(1) The responsibilities to be fulfilled by the physician supervising a physician assistant under the plan;

(2) The responsibilities to be fulfilled by a physician assistant when performing services under the plan;

(3) Circumstances under which a physician assistant is required to refer a patient to the supervising physician;

(4) Procedures to be followed by a physician assistant when writing medical orders;

(5) Procedures to be followed when a supervising physician is not on the premises but a patient requires immediate attention.

(B) The types of services a supervising physician may authorize a physician assistant to perform under a standard utilization plan are limited to the following:

(1) Obtaining comprehensive patient histories;

(2) Performing physical examinations, including pelvic and rectal examinations when indicated;

(3) Assessing patients, ordering and performing routine diagnostic procedures, developing treatment plans for patients, and implementing treatment plans that have been reviewed and approved by the supervising physician;

(4) Monitoring the effectiveness of therapeutic interventions;

(5) Assisting in surgery in a hospital, as defined in section 3727.01 of the Revised Code, or an outpatient surgical care center affiliated with the hospital if the center meets the same credential, quality assurance, and utilization review standards as the hospital;

(6) Providing instruction to meet patient needs;

(7) Instituting and changing orders on patient charts as directed by the supervising physician;

(8) Carrying out or relaying the supervising physician’s orders for medication, to the extent permitted under laws pertaining to drugs.

Effective 3‑5‑96.

§ 4730.17 Supplemental plans.

A supplemental physician assistant utilization plan shall include the information required to be included in a standard utilization plan and shall specify the manner in which the physician assistant’s scope of practice under the supplemental plan differs from that established by a standard plan, including the following:

(A) Any procedures that the supervising physician may authorize the physician assistant to perform that are beyond the scope of the services authorized under a standard plan;

(B) Any manner in which the physician’s supervisory responsibilities differ from those required under a standard plan;

Effective 3‑5‑96.

§ 4730.18 Physician’s application for approval of plan.

(A) A physician seeking to supervise one or more physician assistants shall submit to the state medical board an application for approval of a physician assistant utilization plan. The physician shall provide all information determined by the board to be necessary to process the application. The physician may include in the application the names, business addresses, and business telephone numbers of at least two physicians who have agreed to act as alternate supervising physicians during periods in which the physician will be unable to provide supervision in accordance with section 4730.21 of the Revised Code.

Application for approval of a physician assistant utilization plan shall be made on a form prescribed and furnished by the board. Each application shall include a copy of the proposed plan.

The board shall develop a form that may be used when two or more physicians wish to apply at the same time for approval of the same type of physician assistant utilization plan. When making simultaneous applications with these forms, the physicians are required to include only one copy of the proposed plan with all of their applications. Subsequent to the filing of simultaneous applications, a physician who seeks to join the physicians who filed simultaneous applications may apply for approval of the same type of physician assistant utilization plan by using the forms developed by the board for simultaneous applications. The physician shall identify the plan for which approval is sought. Identification of the plan fulfills the requirement for filing a copy of the plan.

Each application for approval filed separately shall be accompanied by a fee of seventy‑five dollars. Applications filed simultaneously shall be accompanied by a fee of seventy‑five dollars per physician, up to a maximum of seven hundred fifty dollars. An application from a physician who seeks to join physicians who filed simultaneous applications shall include a fee of seventy‑five dollars, unless the fees paid by the physicians in the group have reached the maximum of seven hundred fifty dollars. Fees shall be deposited in accordance with section 4731.24 of the Revised Code.

(B) To be approved by the board, a standard utilization plan must meet the requirements of section 4730.16 of the Revised Code and any applicable rules adopted by the board. To be approved, a supplemental utilization plan must meet the requirements of section 4730.17 of the Revised Code and any applicable rules adopted by the board.

On receipt of a complete application, the board shall process the application as follows:

(1) If an application is for approval of a standard utilization plan, the board shall approve or disapprove the application and notify the applicant of its decision not later than sixty days after receiving the application.

(2) If an application is for approval of a supplemental utilization plan, the board shall submit the application to the physician assistant policy committee. The committee shall review the application and form a recommendation as to whether the board should approve or disapprove the plan. The committee shall submit its recommendation to the board not later than sixty days after receiving the application. Not later than sixty days after receiving the committee’s recommendation, the board shall review the application, approve or disapprove the supplemental utilization plan, and notify the applicant of its decision.

(C) A standard or supplemental utilization plan approved by the board is valid until the physician notifies the board that the plan should be canceled or until the plan is replaced by a new utilization plan.

Effective 11‑6‑96.

§ 4730.19 Application for approval of supervision agreement; addition of assistant to agreement.

(A) Prior to initiating supervision of one or more physician assistants under a standard or supplemental physician assistant utilization plan, a physician must receive the state medical board’s approval of a supervision agreement between the physician and each physician assistant who will be supervised. A physician seeking approval of a supervision agreement shall submit an application to the board on a form the board shall prescribe and furnish. The application shall list each physician assistant who will be supervised. Each application shall be accompanied by a fee of twenty‑five dollars. Fees shall be deposited in accordance with section 4731.24 of the Revised Code.

(B) To be approved by the board, a supervision agreement must specify that the physician agrees to supervise the physician assistant and the physician assistant agrees to practice in accordance with the conditions specified in the physician assistant utilization plan approved for that physician. The agreement must be signed by the physician and the physician assistant. The physician assistant must hold a current certificate of registration as a physician assistant and the physician must have received approval of a physician assistant utilization plan. If the physician holds approval of more than one physician assistant utilization plan, the agreement must specify the plan under which the physician assistant will practice. If these conditions are met and the fee is paid, the board shall issue a letter to the supervising physician acknowledging its approval of the supervision agreement.

(C) After a supervision agreement is approved, a physician may apply to the board to initiate supervision of a physician assistant who is not listed on the agreement. If the physician assistant holds a current certificate of registration, the board shall issue a letter to the physician acknowledging its approval of the addition to the supervision agreement. There is no fee for applying for additions to a supervision agreement under this division.

(D) The board’s approval of a supervision agreement expires on the thirty‑first day of January of each odd‑numbered year. The board may renew its approval of a supervision agreement if the supervising physician submits to the board a signed statement on a form prescribed and provided by the board specifying that the physician seeks to continue supervising one or more physician assistants and the board determines that each physician assistant who will be supervised holds a valid certificate of registration. The statement shall be accompanied by a fee of twenty‑five dollars. All fees shall be deposited in accordance with section 4731.24 of the Revised Code.

Effective 11‑6‑96.

§ 4730.21 Supervisory duties of physician; number of agreements; termination; new patient or patient with new condition; medical orders.

(A) The supervising physician of a physician assistant exercises oversight, control, and direction of the physician assistant. In supervising a physician assistant, the supervising physician shall do all of the following:

(1) Be continuously available for direct communication with the physician assistant by either of the following means:

(a) Being physically present at the location where the physician assistant is practicing;

(b) Being readily available to the physician assistant through some means of telecommunication and being in a location that under normal conditions is not more than sixty minutes travel time away from the location where the physician assistant is practicing.

(2) Personally and actively review the physician assistant’s professional activities;

(3) Regularly review the condition of the patients treated by the physician assistant;

(4) Regularly perform any other reviews of the physician assistant that the supervising physician considers necessary.

(B) A physician may enter into supervision agreements with any number of physician assistants, but the physician may not supervise more than two physician assistants at any one time. A physician assistant may enter into supervision agreements with any number of supervising physicians, but when practicing under the supervision of a particular physician, the physician assistant’s scope of practice is subject to the limitations of the utilization plan that has been approved for that physician.

When a supervision agreement between a physician assistant and a supervising physician is terminated, the physician and the physician assistant shall notify the state medical board. The notice shall be submitted not later than two week days after the agreement is terminated. The notice must include an explanation of the reasons for terminating the agreement.

(C) A supervising physician may authorize a physician assistant to perform a service only if the service is included in the physician assistant utilization plan approved for that physician and if the physician is satisfied that the physician assistant is capable of competently performing the service. A supervising physician shall not authorize a physician assistant to perform any service that is beyond the physician’s or the assistant’s expertise or normal course of practice.

(D) A patient new to a physician’s practice may be seen by a physician assistant only when a supervising physician is on the premises, except in those situations specified in a standard or supplemental utilization plan under which the presence of the physician is not necessary. A patient new to a physician’s practice or an established patient of a physician with a new condition shall be seen and personally evaluated by a supervising physician prior to initiation of any treatment plan proposed by a physician assistant for the new patient or the established patient’s new condition. A supervising physician may authorize a physician assistant to practice in any setting within which the supervising physician routinely practices. When a supervising physician authorizes a physician assistant to practice in a facility’s emergency department, the supervising physician shall provide on‑site supervision of the physician assistant.

Each time a physician assistant writes a medical order, the physician assistant shall sign the form on which the order is written and record on the form the time and date that the order is written. When writing a medical order, the physician assistant shall use forms that clearly identify the physician under whose supervision the physician assistant is authorized to write the order. The supervising physician named on the order shall review each medical order written by the physician assistant not later than twenty‑four hours after the order is written, unless the supervising physician’s utilization plan specifically authorizes a longer period of time for review. After reviewing an order, the supervising physician shall countersign the order if the supervising physician determines that the order is appropriate. Countersignature by the supervising physician is necessary before any person may execute the physician assistant’s order, except in situations in which a patient requires immediate attention and any other circumstances specified in a supplemental utilization plan under which countersignature is not necessary. The supervising physician shall review each medical order executed without countersignature not later than twenty‑four hours after the order is written.

Effective 3‑5‑96.

§ 4730.22 Liability of physician; duties of health care facility.

(A) A physician assistant’s supervising physician assumes legal liability for the services provided by the physician assistant.

The physician is not liable for any services provided by the assistant after their supervision agreement is terminated.

(B) When any health care facility permits physician assistants to practice within that facility or any other health care facility under its control, the health care facility shall make reasonable efforts to explain to each individual who may work with a particular physician assistant the scope of that physician assistant’s practice as determined by each supervising physician’s physician assistant utilization plan and any policies maintained by the facility regarding the practice of physician assistants within the facility. The appropriate credentialing body within the health care facility shall provide, on request of an individual practicing in the facility with a physician assistant, a copy of each physician assistant utilization plan applicable to the physician assistant.

An individual who follows the orders of a physician assistant practicing in a health care facility is not liable in damages in a civil action for injury, death, or loss to person or property resulting from the individual’s acts or omissions in the performance of any procedure, treatment, or other health care service if the individual reasonably believed that the physician assistant was acting within the proper scope of practice or was relaying medical orders from a supervising physician, unless the act or omission constitutes willful or wanton misconduct.

Effective 3‑5‑96.

§ 4730.25 Grounds for disciplinary action against assistant; mental or physical examination.

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

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

(1) Failure to practice in accordance with the conditions under which the supervising physician’s supervision agreement with the physician assistant was approved, including the requirement that when practicing under a particular supervising physician, the physician assistant must practice only according to the standard or supplemental utilization plan the board approved for that physician;

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

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

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

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

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

(7) Willfully betraying a professional confidence;

(8) Making a false, fraudulent, deceptive, or misleading statement in soliciting or advertising for patients, in relation to the practice of medicine as it pertains to physician assistants, or in securing or attempting to secure a certificate of registration to practice as a physician assistant or approval of a supervision agreement.

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

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

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

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

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

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

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

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

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

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

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

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

(20) Violation of the conditions placed by the board on a certificate of registration, physician assistant utilization plan, or supervision agreement;

(21) Violation of the conditions on which a temporary certificate of registration is issued;

(22) Failure to use universal blood and body fluid precautions established by rules adopted under section 4731.051 [4731.05.1] of the Revised Code;

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

(24) Assisting suicide as defined in section 3795.01 of the Revised Code.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(I) The certificate of registration of a physician assistant and the physician assistant’s practice in this state are automatically suspended as of the date the physician assistant pleads guilty to, is found by a judge or jury to be guilty of, or is subject to a judicial finding of eligibility for treatment in lieu of conviction for any of the following criminal offenses in this state or a substantially equivalent criminal offense in another jurisdiction: aggravated murder, murder, voluntary manslaughter, felonious assault, kidnapping, rape, sexual battery, gross sexual imposition, aggravated arson, aggravated robbery, or aggravated burglary. Continued practice after the suspension shall be considered practicing without a certificate.

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

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

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

(L) When the board refuses to grant a certificate of registration as a physician assistant to an applicant, revokes an individual’s certificate of registration, refuses to issue a certificate of registration, or refuses to reinstate an individual’s certificate of registration, the board may specify that its action is permanent. An individual subject to a permanent action taken by the board is forever thereafter ineligible to hold a certificate of registration as a physician assistant and the board shall not accept an application for reinstatement of the certificate or for issuance of a new certificate.

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

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

(2) An application made under this chapter for a certificate of registration, approval of a standard or supplemental utilization plan, or approval of a supervision agreement may not be withdrawn without approval of the board.

(3) Failure by an individual to renew a certificate of registration in accordance with section 4730.12 of the Revised Code shall not remove or limit the board’s jurisdiction to take disciplinary action under this section against the individual.

Effective 3‑24‑03.

§ 4730.251 Effect of child support default.

On receipt of a notice pursuant to section 3123.43 of the Revised Code, the state medical board shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a certificate issued pursuant to this chapter.

Effective 3-22-01

§ 4730.26 Investigations; complaint of allegation of violation.

(A) The state medical board shall investigate evidence that appears to show that any person has violated this chapter or a rule adopted under it. Any person may report to the board in a signed writing any information the person has that appears to show a violation of any provision of this chapter or rule adopted under it. In the absence of bad faith, a person who reports such information or testifies before the board in an adjudication conducted under Chapter 119. of the Revised Code shall not be liable for civil damages as a result of reporting the information or providing testimony. Each complaint or allegation of a violation received by the board shall be assigned a case number and be recorded by the board.

(B) Investigations of alleged violations of this chapter or rules adopted under it shall be supervised by the supervising member elected by the board in accordance with section 4731.02 of the Revised Code and by the secretary as provided in section 4730.33 of the Revised Code. The president may designate another member of the board to supervise the investigation in place of the supervising member. A member of the board who supervises the investigation of a case shall not participate in further adjudication of the case.

(C) In investigating a possible violation of this chapter or a rule adopted under it, the board may administer oaths, order the taking of depositions, issue subpoenas, and compel the attendance of witnesses and production of books, accounts, papers, records, documents, and testimony, except that a subpoena for patient record information shall not be issued without consultation with the attorney general’s office and approval of the secretary and supervising member of the board. Before issuance of a subpoena for patient record information, the secretary and supervising member shall determine whether there is probable cause to believe that the complaint filed alleges a violation of this chapter or a rule adopted under it and that the records sought are relevant to the alleged violation and material to the investigation. The subpoena may apply only to records that cover a reasonable period of time surrounding the alleged violation.

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

A subpoena issued by the board may be served by a sheriff, the sheriff’s deputy, or a board employee designated by the board. Service of a subpoena issued by the board may be made by delivering a copy of the subpoena to the person named therein, reading it to the person, or leaving it at the person’s usual place of residence. When the person being served is a physician assistant, service of the subpoena may be made by certified mail, restricted delivery, return receipt requested, and the subpoena shall be deemed served on the date delivery is made or the date the person refuses to accept delivery.

A sheriff’s deputy who serves a subpoena shall receive the same fees as a sheriff. Each witness who appears before the board in obedience to a subpoena shall receive the fees and mileage provided for witnesses in civil cases in the courts of common pleas.

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

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

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

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

(F) The state medical board shall develop requirements for and provide appropriate initial and continuing training for investigators employed by the board to carry out its duties under this chapter. The training and continuing education may include enrollment in courses operated or approved by the Ohio peace officer training council that the board considers appropriate under conditions set forth in section 109.79 of the Revised Code.

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

(1) The case number assigned to the complaint or alleged violation;

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

(3) A description of the allegations contained in the complaint;

(4) The disposition of the case.

The report shall state how many cases are still pending, and shall be prepared in a manner that protects the identity of each person involved in each case. The report shall be submitted to the physician assistant policy committee of the board and is a public record for purposes of section 149.43 of the Revised Code.

Effective 4/9/03

§ 4730.27 Probate court proceedings to adjudicate assistant’s competency.

If the state medical board has reason to believe that any person who has been granted a certificate of registration under this chapter is mentally ill or mentally incompetent, it may file in the probate court of the county in which such person has a legal residence an affidavit in the form prescribed in section 5122.11 of the Revised Code and signed by the board secretary or a member of the secretary’s staff, whereupon the same proceedings shall be had as provided in Chapter 5122. of the Revised Code. The attorney general may represent the board in any proceeding commenced under this section.

If a physician assistant is adjudged by a probate court to be mentally ill or mentally incompetent, the individual’s certificate of registration shall be automatically suspended until the individual has filed with the board a certified copy of an adjudication by a probate court of being restored to competency or has submitted to the board proof, satisfactory to the board, of having been discharged as being restored to competency in the manner and form provided in section 5122.38 of the Revised Code. The judge of the court shall immediately notify the board of an adjudication of incompetence and note any suspension of a certificate in the margin of the court’s record of the certificate.

Effective 3‑9‑99.

§ 4730.28 Application for reinstatement.

An individual whose certificate of registration as a physician assistant has been suspended or is inactive may apply to the state medical board to have the certificate reinstated. Before reinstating a certificate that has been in a suspended or inactive state for any cause for more than two years, the board shall determine the physician assistant’s present fitness to resume practice. The board shall consider the moral background and the activities of the applicant during the period of suspension or inactivity.

When reinstating a certificate, the board may impose terms and conditions, including the following:

(A) Requiring the physician assistant to obtain additional training and pass an examination upon completion training;

(B) Restricting or limiting the extent, scope, or type of practice of the physician assistant.

Effective: 3‑5‑96.

§ 4730.31 Prosecutor to report conviction to medical board.

(A) As used in this section, “prosecutor” has the same meaning as in section 2935.01 of the Revised Code.

(B) Whenever any person holding a valid certificate issued pursuant to this chapter pleads guilty to, is subject to a judicial finding of guilt of, or is subject to a judicial finding of eligibility for treatment in lieu of conviction for a violation of Chapter 2907., 2925., or 3719. of the Revised Code or of any substantively comparable ordinance of a municipal corporation in connection with practicing as a physician assistant, the prosecutor in the case shall, on forms prescribed and provided by the state medical board, promptly notify the board of the conviction. Within thirty days of receipt of such information, the board shall initiate action in accordance with Chapter 119. of the Revised Code to determine whether to suspend or revoke the certificate under section 4730.31 of the Revised Code.

(C) The prosecutor in any case against any person holding a valid certificate issued pursuant to this chapter shall, on forms prescribed and provided by the state medical board, notify the board of any of the following:

(1) A plea of guilty to, a judicial finding of guilt of, or judicial finding of eligibility for treatment in lieu of conviction for a felony, or a case where the trial court issues an order of dismissal upon technical or procedural grounds of a felony charge;

(2) A plea of guilty to, a judicial finding of guilt of, or judicial finding or eligibility for treatment in lieu of conviction for a misdemeanor committed in the course of practice, or a case where the trial court issues an order of dismissal upon technical or procedural grounds of a charge of a misdemeanor, if the alleged act was committed in the course of practice;

(3) A plea of guilty to, a judicial finding of guilt of, or judicial finding of eligibility for treatment m lieu of conviction for a misdemeanor involving moral turpitude, or a case where the trial court issues an order of dismissal upon technical or procedural grounds of a charge of a misdemeanor involving moral turpitude.

The report shall include the name and address of the certificate holder, the nature of the offense for which the action was taken, and the certified court documents recording the action.

Effective 3‑9‑99.

§ 4730.32 Health care facility or professional society to report disciplinary proceedings; persons and organizations obliged to report suspected violation; report by liability insurer.

(A) Within sixty days after the imposition of any formal disciplinary action taken by any health care facility, including a hospital, health care facility operated by an insuring corporation, ambulatory surgical center, or similar facility, against any individual holding a valid certificate of registration as a physician assistant, the chief administrator or executive officer of the facility shall report to the state medical board the name of the individual, the action taken by the facility, and a summary of the underlying facts leading to the action taken. Upon request, the board shall be provided certified copies of the patient records that were the basis for the facility’s action. Prior to release to the board, the summary shall be approved by the peer review committee that reviewed the case or by the governing board of the facility.

The filing of a report with the board or decision not to file a report, investigation by the board, or any disciplinary action taken by the board, does not preclude a health care facility from taking disciplinary action against a physician assistant.

In the absence of fraud or bad faith, no individual or entity that provides patient records to the board shall be liable in damages to any person as a result of providing the records.

(B) A physician assistant, professional association or society of physician assistants, physician, or professional association or society of physicians that believes a violation of any provision of this chapter, Chapter 4731. of the Revised Code, or rule of the board has occurred shall report to the board the information upon which the belief is based. This division does not require any treatment provider approved by the board under section 4731.25 of the Revised Code or any employee, agent, or representative of such a provider to make reports with respect to a physician assistant participating in treatment or aftercare for substance abuse as long as the physician assistant maintains participation in accordance with the requirements of section 4731.25 of the Revised Code and the treatment provider or employee, agent, or representative of the provider has no reason to believe that the physician assistant has violated any provision of this chapter or rule adopted under it, other than being impaired by alcohol, drugs, or other substances. This division does not require reporting by any member of an impaired practitioner committee established by a health care facility or by any representative or agent of a committee or program sponsored by a professional association or society of physician assistants to provide peer assistance to physician assistants with substance abuse problems with respect to a physician assistant who has been referred for examination to a treatment program approved by the board under section 4731.25 of the Revised Code if the physician assistant cooperates with the referral for examination and with any determination that the physician assistant should enter treatment and as long as the committee member, representative, or agent has no reason to believe that the physician assistant has ceased to participate in the treatment program in accordance with section 4731.25 of the Revised Code or has violated any provision of this chapter or rule adopted under it, other than being impaired by alcohol, drugs, or other substances.

(C) Any professional association or society composed primarily of physician assistants that suspends or revokes an individual’s membership for violations of professional ethics, or for reasons of professional incompetence or professional malpractice, within sixty days after a final decision, shall report to the board, on forms prescribed and provided by the board, the name of the individual, the action taken by the professional organization, and a summary of the underlying facts leading to the action taken.

The filing or nonfiling of a report with the board, investigation by the board, or any disciplinary action taken by the board, shall not preclude a professional organization from taking disciplinary action against a physician assistant.

(D) Any insurer providing professional liability insurance to any person holding a valid certificate of registration as a physician assistant or any other entity that seeks to indemnify the professional liability of a physician assistant shall notify the board within thirty days after the final disposition of any written claim for damages where such disposition results in a payment exceeding twenty‑five thousand dollars. The notice shall contain the following information:

(1) The name and address of the person submitting the notification;

(2) The name and address of the insured who is the subject of the claim;

(3) The name of the person filing the written claim;

(4) The date of final disposition;

(5) If applicable, the identity of the court in which the final disposition of the claim took place.

(E) The board may investigate possible violations of this chapter or the rules adopted under it that are brought to its attention as a result of the reporting requirements of this section, except that the board shall conduct an investigation if a possible violation involves repeated malpractice. As used in this division, “repeated malpractice” means three or more claims for malpractice within the previous five‑year period, each resulting in a judgment or settlement in excess of twenty‑five thousand dollars in favor of the claimant, and each involving negligent conduct by the physician assistant.

(F) All summaries, reports, and records received and maintained by the board pursuant to this section shall be held in confidence and shall not be subject to discovery or introduction in evidence in any federal or state civil action involving a physician assistant, supervising physician, or health care facility arising out of matters that are the subject of the reporting required by this section. The board may use the information obtained only as the basis for an investigation, as evidence in a disciplinary hearing against a physician assistant or supervising physician, or in any subsequent trial or appeal of a board action or order.

The board may disclose the summaries and reports it receives under this section only to health care facility committees within or outside this state that are involved in credentialing or recredentialing a physician assistant or supervising physician or reviewing their privilege to practice within a particular facility. The board shall indicate whether or not the information has been verified. Information transmitted by the board shall be subject to the same confidentiality provisions as when maintained by the board.

(G) Except for reports filed by an individual pursuant to division (B) of this section, the board shall send a copy of any reports or summaries it receives pursuant to this section to the physician assistant. The physician assistant shall have the right to file a statement with the board concerning the correctness or relevance of the information. The statement shall at all times accompany that part of the record in contention.

(H) An individual or entity that reports to the board or refe