|
§ 4731.01 State medical board; terms of office.
The governor, with the
advice and consent of the senate, shall appoint a state medical
board consisting of twelve members, eight of whom shall be
physicians and surgeons licensed to practice in Ohio. Seven members
of the board shall hold the degree of doctor of medicine. Terms of
office of members holding the degree of doctor of medicine shall be
for five years, commencing on the nineteenth day of March and ending
on the eighteenth day of March, except that upon expiration of the
term ending March 18, 1976, the new term which succeeds it shall end
on March 18, 1982; upon expiration of the term which ends on March
14, 1977, the new term which succeeds it shall end on March 18,
1983; upon expiration of the term ending June 16, 1978, the new term
which succeeds it shall end on March 18, 1985; and upon expiration
of the two terms ending on March 18, 1980, one of the terms which
succeeds them shall end on March 18, 1986, and the other succeeding
term shall end on March 18, 1987. One member shall hold the degree
of doctor of podiatric medicine. The first term of office for the
member holding the degree of doctor of podiatric medicine shall
begin December 28, 1975, and shall be for seven years. Each
succeeding term shall be for five years. One member of the board
shall hold the degree of doctor of osteopathy. The term of office
for the member holding the degree of doctor of osteopathy shall be
for five years, commencing on the twenty‑sixth day of April and
ending on the twenty‑fifth day of April.
One member of
the board shall represent the interests of consumers. Two additional
members shall represent the interests of consumers and shall not be
a member of, or associated with, a health care provider or
profession. At least one of the consumer members shall be at least
sixty years of age. The terms of office for the consumer members
shall be for five years, commencing on the first day of August and
ending on the thirty‑first day of July.
Each member
shall hold office of his appointment until the end of the term for
which he was appointed. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which his
predecessor was appointed shall hold office for the remainder of
such term. Any member shall continue in office subsequent to the
expiration date of his term until his successor takes office, or
until a period of sixty days has elapsed, whichever occurs first.
Effective
7‑24‑90.
§ 4731.02 Organization.
The state medical board shall
organize by the election of a president and a supervising member,
who shall be members of the board, and a secretary, who shall be a
physician in good standing in his profession. Each of the officers
shall serve for a term of one year, and they may administer oaths.
Effective
3‑17‑87.
§ 4731.03 Compensation of members.
Each member of
the state medical board 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 his official duties and his necessary
expenses.
Effective
8‑26‑77.
§ 4731.04 Expenses of secretary.
The secretary
of the state medical
board shall receive his necessary expenses incurred in the
performance of his official duties.
Effective
10‑1‑53.
§ 4731.05 Rules; adjudicative proceedings; executive director;
employees; training for investigators.
(A) The
state medical board shall adopt rules in accordance with Chapter
119. of the Revised Code to carry out the purposes of this chapter.
All adjudicative proceedings of the state medical board shall be
conducted in accordance with Chapter 119. of the Revised Code.
(B) The
state medical board shall appoint an executive director who shall be
in the unclassified service of the state. The board may appoint
other employees of the board as are necessary and shall prescribe
their titles and duties.
(C) 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 Chapter 4731. of
the Revised Code. The training and continuing education may include
enrollment in courses operated or approved by the Ohio peace officer
training commission that the board considers appropriate under
conditions set forth in section 109.79 of the Revised Code.
Effective
12‑2‑96.
§ 4731.051 Rules for universal blood and body fluid precautions.
The state
medical board shall adopt rules in accordance with Chapter 119. of
the Revised Code establishing universal blood and body fluid
precautions that shall be used by each person who performs exposure
prone invasive procedures and is authorized to practice by this
chapter or Chapter 4730. or 4762. of the Revised Code. The rules
shall define and establish requirements for universal blood and body
fluid precautions that include the following:
(A)
Appropriate use of hand washing;
(B)
Disinfection and sterilization of equipment;
(C) Handling
and disposal of needles and other sharp instruments;
(D) Wearing
and disposal of gloves and other protective garments and devices.
Effective
8-10-00
§ 4731.052 Management of intractable pain with dangerous drugs.
(A) As
used in this section:
(1)
"Dangerous drug" has the same meaning as in section 4729.01 of the
Revised Code.
(2)
"Intractable pain" means a state of pain that is determined, after
reasonable medical efforts have been made to relieve the pain or
cure its cause, to have a cause for which no treatment or cure is
possible or for which none has been found.
(3)
"Physician" means an individual authorized under this chapter to
practice medicine and surgery or osteopathic medicine and surgery.
(B) The
state medical board shall adopt rules in accordance with Chapter
119. of the Revised Code that establish standards and procedures to
be followed by physicians in the diagnosis and treatment of
intractable pain, including standards for managing intractable pain
by prescribing, personally furnishing, or administering dangerous
drugs in amounts or combinations that may not be appropriate when
treating other medical conditions. In developing the rules, the
board shall consult with and permit review by physicians who are
experienced in the diagnosis and treatment of intractable pain.
(C) When
a physician diagnoses an individual as having intractable pain, the
physician may treat the pain by managing it with dangerous drugs in
amounts or combinations that may not be appropriate when treating
other medical conditions. The physician's diagnosis shall be made
after having the individual evaluated by one or more other
physicians who specialize in the treatment of the area, system, or
organ of the body perceived as the source of the pain. The
physician's diagnosis and treatment decisions shall be made
according to accepted and prevailing standards for medical care. The
physician shall maintain a record of all of the following:
(1)
Medical history and physical examination of the individual;
(2) The
diagnosis of intractable pain, including signs, symptoms, and
causes;
(3) The
plan of treatment proposed, the patient's response to treatment, and
any modification to the plan of treatment;
(4) The
dates on which dangerous drugs were prescribed, furnished, or
administered, the name and address of the individual to or for whom
the dangerous drugs were prescribed, dispensed, or administered, and
the amounts and dosage forms for the dangerous drugs prescribed,
furnished, or administered;
(5) A
copy of the report made by the physician or the physician to whom
referral for evaluation was made under this division.
(D) A
physician who treats intractable pain by managing it with dangerous
drugs is not subject to disciplinary action by the board under
section 4731.22 of the Revised Code solely because the physician
treated intractable pain with dangerous drugs. The physician is
subject to disciplinary action only if the dangerous drugs are not
prescribed, furnished, or administered in accordance with this
section and the rules adopted under it.
Effective
7‑22‑98.
§ 4731.053 Rules for physician's delegation of medical task.
(A) As used in this
section, "physician" means an individual authorized by this chapter
to practice medicine and surgery, osteopathic medicine and surgery,
or podiatric medicine and surgery.
(B) The state
medical board shall adopt rules that establish standards to be met
and procedures to be followed by a physician with respect to the
physician's delegation of the performance of a medical task to a
person who is not licensed or otherwise specifically authorized by
the Revised Code to perform the task. The rules shall be adopted in
accordance with
Chapter 119. of the Revised Code.
(C) To the extent that
delegation applies to the administration of drugs, the rules adopted
under this section shall provide for all of the following:
(1) On-site supervision
when the delegation occurs in an institution or other facility that
is used primarily for the purpose of providing health care, unless
the board establishes a specific exception to the on-site
supervision requirement with respect to routine administration of a
topical drug, such as the use of a medicated shampoo;
(2) Evaluation of
whether delegation is appropriate according to the acuity of the
patient involved;
(3) Training and
competency requirements that must be met by the person administering
the drugs;
(4) Other standards and
procedures the board considers relevant.
(D) The board shall
not adopt rules that do any of the following:
(1) Authorize a
physician to transfer the physician's responsibility for supervising
a person who is performing a delegated medical task to a health
professional other than another physician;
(2) Authorize an
individual to whom a medical task is delegated to delegate the
performance of that task to another individual;
(3) Except as provided
in divisions (D)(4) to (7) of this section, authorize a physician to
delegate the administration of anesthesia, controlled substances,
drugs administered intravenously, or any other drug or category of
drug the board considers to be inappropriate for delegation;
(4) Prevent an
individual from engaging in an activity performed for a handicapped
child as a service needed to meet the educational needs of the
child, as identified in the individualized education program
developed for the child under
Chapter 3323. of the Revised Code;
(5) Conflict with any
provision of the Revised Code that specifically authorizes an
individual to perform a particular task;
(6) Conflict with any
rule adopted pursuant to the Revised Code that is in effect on the
effective date of this section, as long as the rule remains in
effect, specifically authorizing an individual to perform a
particular task;
(7) Prohibit a
perfusionist from administering drugs intravenously while practicing
as a perfusionist;
(8) Authorize a
physician assistant, anesthesiologist assistant, or any other
professional regulated by the board to delegate tasks pursuant to
this section.
Eff
12-31-03
§ 4731.06 Meetings of board.
The state
medical board shall meet in March, June, September, and December of
each year, and at such times and places as the board may direct. Six
members of the board shall constitute a quorum. The board shall have
a seal and shall prescribe rules for its government.
Effective
8‑27‑82.
§ 4731.07. Records of board.
The state
medical board shall keep a record of its proceedings. It shall also
keep a register of applicants for certificates of registration
issued under this chapter and Chapters 4730. , 4760., and 4762. of
the Revised Code. The register shall show the name of applicant, and
whether the applicant was granted or refused a certificate. With
respect to applicants to practice medicine and surgery or
osteopathic medicine and surgery, the register shall show the name
of the institution that granted the applicant the degree of doctor
of medicine or osteopathic medicine. The books and records of the
board shall be prima‑facie evidence of matters therein contained.
Effective
8-10-00
§ 4731.08 Application for examination.
Except as
provided in sections 4731.29 and 4731.291 to 4731.294 of the Revised
Code, and until November 15, 1998, in section 4731.295 of the
Revised Code, each person who desires to practice medicine and
surgery or osteopathic medicine and surgery in this state shall file
with the secretary of the state medical board a written application
for admission to the examination conducted by the board under
section 4731.13 of the Revised Code. The applicant shall file the
application under oath on a form prescribed by the board. The
applicant shall furnish evidence satisfactory to the board that the
applicant is more than eighteen years of age and of good moral
character.
Effective
3-9-99.
§ 4731.09 Entrance
examiner to determine sufficiency of preliminary education of
applicant; certificate of preliminary examination.
The state
medical board shall appoint an entrance examiner who shall not be
directly or indirectly connected with a medical school and who shall
determine the sufficiency of the preliminary education, other than
medical education, of an applicant for admission to the examination
conducted by the board under section 4731.13 of the Revised Code.
The minimum requirement shall be two years of undergraduate work in
a college of arts and sciences approved by the board in addition to
a high school diploma, or the equivalent of such education as
determined by the board. In the absence of the foregoing
qualifications, the entrance examiner may examine the applicant to
overcome deficiencies. When the entrance examiner finds the
preliminary education of the applicant sufficient, the entrance
examiner shall issue a certificate of preliminary examination upon
the payment to the treasurer of the board of a fee of thirty‑five
dollars. Such certificate shall be attested by the secretary.
Effective
9‑29‑97.
§ 4731.091 Medical education and graduate medical education
requirements.
(A) As
used in this section and in section 4731.092 of the Revised Code:
(1)
“Graduate medical education” means education received through any of
the following:
(a) An
internship or residency program conducted in the United States and
accredited by either the accreditation council for graduate medical
education of the American medical association or the American
osteopathic association;
(b) A
clinical fellowship program conducted in the United States at an
institution with a residency program accredited by either the
accreditation council for graduate medical education of the American
medical association or the American osteopathic association that is
in a clinical field the same as or related to the clinical field of
the fellowship program;
(c) An
internship program conducted in Canada and accredited by the
committee on accreditation of preregistration physician training
programs of the federation of provincial medical licensing
authorities of Canada;
(d) A
residency program conducted in Canada and accredited by either the
royal college of physicians and surgeons of Canada or the college of
family physicians of Canada.
(2) “Fifth pathway training” means supervised clinical training obtained
in the United States as a substitute for the internship or social
service requirements of a foreign medical school.
(B) To be
eligible for admission to the examination conducted by the state
medical board under section 4731.13 of the Revised Code, an
applicant must meet the medical education and graduate medical
education requirements specified in any one of the following and any
additional requirements of division (C) of this section:
(1) Hold
a diploma from a medical school or osteopathic medical school that,
at the time the diploma was issued, was a medical school accredited
by the liaison committee on medical education or an osteopathic
medical school accredited by the American osteopathic association
and have successfully completed not less than nine months of
graduate medical education or its equivalent as determined by the
board;
(2) Hold
certification from the educational commission for foreign medical
graduates and have successfully completed not less than nine months
of graduate medical education through the first‑year level of
graduate medical education or its equivalent as determined by the
board;
(3) Be a
qualified graduate of a fifth pathway training program as recognized
by the board under section 4731.092 of the Revised Code and have
successfully completed, subsequent to completing fifth pathway
training, not less than nine months of graduate medical education or
its equivalent as determined by the board.
(C) If an
applicant holding certification from the educational commission for
foreign medical graduates received the core clinical instruction
segment of the applicant’s medical education at an institution in
the United States, the board may require that to be eligible for
admission to its examination, the applicant must have received the
instruction at either of the following:
(1) An
institution that, at the time of the instruction, was a formal part
of or had formal affiliation with a medical school accredited by the
liaison committee on medical education or an osteopathic medical
school accredited by the American osteopathic association.
(2) An
institution with, at the time of the instruction, a graduate medical
education program accredited by either the accreditation council for
graduate medical education of the American medical association or
the American osteopathic association that is in a field the same as
or related to the core clinical instruction.
Effective
5-31-00
§ 4731.092 Graduates of fifth pathway training program.
To be
recognized by the state medical board as a qualified graduate of a
fifth pathway training program, an applicant shall submit evidence
satisfactory to the board that he has done all of the following:
(A)
Studied medicine in a foreign medical school acknowledged by the
world health organization and verified by a member state of that
organization as operating within the state's jurisdiction at the
time he studied medicine;
(B)
Successfully completed all the formal requirements of the foreign
medical school except internship or social service requirements;
(C) Prior
to entrance into the fifth pathway training program, attained on a
screening examination acceptable to the board a score satisfactory
to a medical school accredited by the liaison committee on medical
education;
(D)
Successfully completed one academic year of fifth pathway training
at a hospital affiliated with a medical school accredited by the
liaison committee on medical education.
Effective
4‑30‑92.
§ 4731.10 Certification of application for licensure in another
state.
Upon the
request of a person licensed to practice in this state pursuant to
Chapter 4731. of the Revised Code, the state medical board shall
certify an application for licensure in another state. The fee for
such certification shall be fifty dollars.
Effective
9‑29‑97.
§ 4731.11 Evidence and affidavit to be submitted with application.
At the time of
his application for examination as provided in section 4731.08 of
the Revised Code, the applicant shall present evidence satisfactory
to the state medical board that he meets the educational
requirements established under sections 4731.09 and 4731.091 of the
Revised Code, with his affidavit that he is the person named in the
evidence and is the lawful possessor thereof, stating his age,
residence, the schools at which he obtained his medical education,
the time spent in each, the time spent in the study of medicine or
osteopathic medicine, and such other facts as the state medical
board requires. If the applicant has practiced medicine and surgery
or osteopathic medicine and surgery in another state or country, the
affidavit shall state the period during which and the place where he
has practiced.
Effective
4-30-92.
§ 4731.12 Admission to examination.
Except as
otherwise provided in this section, the state medical board shall
admit to the examination it conducts under section 4731.13 of the
Revised Code an applicant who meets the age, moral character, and
educational requirements set forth in sections 4731.08, 4731.09, and
4731.091 of the Revised Code and pays the examination fee.
The board
shall establish a fee for the examination of an amount determined by
the board to be sufficient to cover the costs it incurs in
procuring, administering, and grading the examination. The fee shall
not be returned, regardless of whether the applicant passes or fails
the examination.
The board may
deny admission to its examination if it determines that the school
at which the applicant obtained his medical education has engaged in
fraud in the awarding of diplomas, certification of graduates, or
credentialing of faculty members.
If the board,
pursuant to section 4731.13 of the Revised Code, uses as its
examination a part of a standard medical licensing examination
established for purposes of determining the competence of
individuals to practice medicine and surgery or osteopathic medicine
and surgery in the United States, the board shall not admit an
applicant to its examination unless the applicant submits evidence
satisfactory to the board that he has successfully completed all
other parts of the standard examination or the equivalent of any of
those parts. The board shall specify the other parts of the standard
examination that must be successfully completed and shall determine
what constitutes the equivalent of any of those parts.
Effective
12‑22‑92.
§ 4731.13 Examinations for certificates.
Except as
provided in sections 4731.29 and 4731.291 to 4731.294 of the Revised
Code, and until November 15, 1998, in section 4731.295 of the
Revised Code, the state medical board shall examine each individual
who desires to practice medicine and surgery or osteopathic medicine
and surgery in this state. The board shall conduct the examination
of these individuals in accordance with rules the board shall adopt.
Each individual shall be examined in such subjects as the board
requires. The board shall examine in subjects pertinent to current
medical educational standards.
The board may
use as its examination all or part of a standard medical licensing
examination established for purposes of determining the competence
of individuals to practice medicine and surgery or osteopathic
medicine and surgery in the United States.
Effective
3‑9‑99.
§ 4731.14 Issuance and display of certificate.
(A) As
used in this section, “graduate medical education” has the same
meaning as in section 4731.091 of the Revised Code.
(B) The
state medical board shall issue its certificate to practice medicine
and surgery or osteopathic medicine and surgery as follows:
(1) The
board shall issue its certificate to each individual who was
admitted to the board’s examination by meeting the educational
requirements specified in division (B)(1) or (3) of section 4731.091
of the Revised Code if the individual passes the examination, pays a
certificate issuance fee of three hundred dollars, and submits
evidence satisfactory to the board that the individual has
successfully completed not less than twelve months of graduate
medical education or its equivalent as determined by the board.
(2) Except as provided in section 4731.142 of the Revised Code,
the board shall issue its certificate to each individual who was
admitted to the board’s examination by meeting the educational
requirements specified in division (B)(2) of section 4731.091 of the
Revised Code if the individual passes the examination, pays a
certificate issuance fee of three hundred dollars, submits evidence
satisfactory to the board that the individual has successfully
completed not less than twenty‑four months of graduate medical
education through the second‑year level of graduate medical
education or its equivalent as determined by the board, and, if the
individual passed the examination prior to completing twenty‑four
months of graduate medical education or its equivalent, the
individual continues to meet the moral character requirements for
admission to the board’s examination.
(C) Each
certificate issued by the board shall be signed by its president and
secretary, and attested by its seal. The certificate shall be on a
form prescribed by the board and shall indicate the medical degree
held by the individual to whom the certificate is issued. If the
individual holds the degree of doctor of medicine, the certificate
shall state that the individual is authorized to practice medicine
and surgery pursuant to the laws of this state. If the individual
holds the degree of doctor of osteopathic medicine, the certificate
shall state that the individual is authorized to practice
osteopathic medicine and surgery pursuant to the laws of this state.
If the individual holds a medical degree other than the degree of
doctor of medicine or doctor of osteopathic medicine, the
certificate shall indicate the diploma, degree, or other document
issued by the medical school or institution the individual attended
and shall state that the individual is authorized to practice
medicine and surgery pursuant to the laws of this state.
(D) The
certificate shall be prominently displayed in the certificate
holder’s office or place where a major portion of the certificate
holder’s practice is conducted and shall entitle the holder to
practice either medicine and surgery or osteopathic medicine and
surgery provided the certificate holder maintains current
registration as required by section 4731.281 of the Revised Code and
provided further that such certificate has not been revoked,
suspended, or limited by action of the state medical board pursuant
to this chapter.
(E) An
affirmative vote of not less than six members of the board is
required for the issuance of a certificate.
Effective
9-5-01
§ 4731.141 Persons authorized to practice osteopathic medicine and
surgery on January 1, 1980.
Any person who
was authorized to practice limited osteopathic medicine and surgery
on January 1, 1980, may continue to practice in accordance with the
statutory limitations in effect on that date. The board shall
regulate such practitioners and shall require them to register on or
before the first day of June, 1983, and on or before the first day
of June every second year thereafter, on a form prescribed by the
board and pay at such time a biennial registration fee of
twenty‑five dollars. At least one month in advance of the date of
registration, a written notice shall be sent to such practitioners,
whether a resident of the state or not, at the last known address,
that the biennial registration fee is due on or before the first day
of June. All such practitioners shall provide the board written
notice of any change of address. A holder of a certificate under
this section shall have his certificate automatically suspended if
the fee is not paid by the first day of September of the same year,
and continued practice after the suspension shall be considered as
practicing without a license in violation of section 4731.43 of the
Revised Code. An applicant for reinstatement of a certificate to
practice suspended for failure to register shall submit his current
and delinquent registration fees and a penalty in the sum of
twenty‑five dollars.
Any
certificate or registration issued pursuant to this section may be
refused, limited, revoked, or suspended,[;] an applicant may be
denied certification or reinstatement, or the holder of a
certificate may be reprimanded, or placed on probation as provided
in section 4731.22 of the Revised Code.
Effective
8‑27‑82.
§ 4731.142 Demonstration of proficiency in spoken English.
(A) Except
as provided in division (B) of this section, an individual must
demonstrate proficiency in spoken English to receive a certificate
to practice issued under section 4731.14 of the Revised Code if the
individual's eligibility for the certificate is based in part on
certification from the educational commission for foreign medical
graduates and fulfillment of the undergraduate requirements
established by section 4731.09 of the Revised Code at an institution
outside the United States. The individual may demonstrate such
proficiency by obtaining a score of forty or higher on the test of
spoken English conducted by the educational testing service.
(B) An
individual is not required to demonstrate proficiency in spoken
English in accordance with division (A) of this section if the
individual was required to demonstrate such proficiency as a
condition of certification from the educational commission for
foreign medical graduates.
Effective
3‑9‑99.
§ 4731.143 Notice to patient of lack of medical malpractice
insurance.
(A) Each
person holding a valid certificate under this chapter authorizing
the certificate holder to practice medicine and surgery, osteopathic
medicine and surgery, or podiatric medicine and surgery, who is not
covered by medical malpractice insurance as defined in section
3929.71 of the Revised Code, shall provide a patient with written
notice of the certificate holder's lack of such insurance coverage
prior to providing nonemergency professional services to the
patient. The notice shall be provided alone on its own page. The
notice shall provide space for the patient to acknowledge receipt of
the notice, and shall be in the following form:
"NOTICE:
Dr.
................ (here state the full name of the certificate
holder) is not covered by medical malpractice insurance.
The
undersigned acknowledges the receipt of this notice.
..........................................................
(Patient's
Signature)
..........................................................
(Date)"
The certificate holder shall obtain the patient's signature,
acknowledging the patient's receipt of the notice, prior to
providing nonemergency professional services to the patient. The
certificate holder shall maintain the signed notice in the patient's
file.
(B) This
section does not apply to any officer or employee of the state, as
those terms are defined in section 9.85 of the Revised Code, who is
immune from civil liability under section 9.86 of the Revised Code
or is entitled to indemnification pursuant to section 9.87 of the
Revised Code, to the extent that the person is acting within the
scope of the person's employment or official responsibilities.
This section does not apply to a person who complies with division
(B)(2) of section 2305.234 of the Revised Code.
Effective
4-10-2001.
§ 4731.15 Regulation of limited branches of medicine; certificates.
(A)(1) The
state medical board also shall regulate the following limited
branches of medicine: massage therapy and cosmetic therapy, and to
the extent specified in section 4731.151 of the Revised Code,
naprapathy and mechanotherapy. The board shall adopt rules governing
the limited branches of medicine under its jurisdiction. The rules
shall be adopted in accordance with Chapter 119. of the Revised
Code.
(2) As
used in this chapter, "cosmetic therapy" means the permanent removal
of hair from the human body through the use of electric modalities
approved by the board for use in cosmetic therapy, and additionally
may include the systematic friction, stroking, slapping, and
kneading or tapping of the face, neck, scalp, or shoulders.
(B) All
persons who hold a certificate to practice a limited branch of
medicine issued by the state medical board, whether residents of
this state or not, shall on or before the first day of June of each
odd‑numbered year, register with the state medical board on a form
prescribed by the board and shall pay at such time a biennial
registration fee of fifty dollars. At least one month in advance of
the date of registration, a written notice that the biennial
registration fee is due on or before the first day of June shall be
sent to each holder of a certificate to practice a limited branch of
medicine, at the person's last known address. All persons who hold a
certificate to practice a limited branch of medicine issued by the
state medical board shall provide the board written notice of any
change of address.
A
certificate to practice a limited branch of medicine shall be
automatically suspended if the fee is not paid by the first day of
September of the year it is due. Continued practice after the
suspension of the certificate to practice shall be considered as
practicing in violation of sections 4731.34 and 4731.41 of the
Revised Code. Subject to section 4731.222 of the Revised Code, the
board shall reinstate a certificate to practice suspended for
failure to register on an applicant's payment of the biennial
registration fee and the applicable monetary penalty. With regard to
reinstatement of a certificate to practice cosmetic therapy, the
applicant also shall submit with the application a certification
that the number of hours of continuing education necessary to have a
suspended 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.
Effective
3‑9‑99.
§ 4731.151 Naprapaths and mechanotherapists authorized to practice
prior to 3‑2‑92.
(A) Naprapaths who received a certificate to practice from the board
prior to March 2, 1992, may continue to practice naprapathy, as
defined in rules adopted by the board. Such naprapaths shall
practice in accordance with rules adopted by the board.
(B)(1) As
used in this division:
(a) "Mechanotherapy"
means all of the following:
(i)
Examining patients by verbal inquiry;
(ii)
Examination of the musculoskeletal system by hand;
(iii)
Visual inspection and observation;
(iv) Diagnosing a patient's condition only as to whether the patient has
a disorder of the musculoskeletal system;
(v) In
the treatment of patients, employing the techniques of advised or
supervised exercise; electrical neuromuscular stimulation; massage
or manipulation; or air, water, heat, cold, sound, or infrared ray
therapy only to those disorders of the musculoskeletal system that
are amenable to treatment by such techniques and that are
identifiable by examination performed in accordance with division (B)(l)(a)(i)
of this section and diagnosable in accordance with division (B)(l )(a)(ii)
of this section.
(b)
"Educational requirements" means the completion of a course of study
appropriate for certification to practice mechanotherapy on or
before November 3, 1985, as determined by rules adopted under this
chapter.
(2) Mechanotherapists who received a certificate to practice from the
board prior to March 2, 1992, may continue to practice
mechanotherapy, as defined in rules adopted by the board. Such
mechanotherapists shall practice in accordance with rules adopted by
the board.
A
person authorized by this division to practice as a mechanotherapist
may examine, diagnose, and assume responsibility for the care of
patients with due regard for first aid and the hygienic and
nutritional care of the patients. Roentgen rays shall be used by a
mechanotherapist only for diagnostic purposes.
(3) A
person who holds a certificate to practice mechanotherapy and
completed educational requirements in mechanotherapy on or before
November 3, 1985, is entitled to use the title "doctor of
mechanotherapy" and is a "physician" who performs "medical services"
for the purposes of Chapters 4121. and 4123. of the Revised Code and
the program established under section 5111.01 of the Revised Code,
and shall receive payment or reimbursement as provided under those
chapters and that section.
Effective
3‑9‑99.
§ 4731.155 Continuing cosmetic therapy education.
(A) Each
person holding a certificate to practice cosmetic therapy within
this state shall complete biennially not less than twenty‑five hours
of continuing cosmetic therapy education.
Cosmetic therapists shall earn continuing education credits at the
rate of one‑half credit hour for each twenty‑five to thirty minutes
of instruction and one credit hour for each fifty to sixty minutes
of instruction.
(B) Only
continuing education approved by the state medical board may be used
to fulfill the requirements of division (A) of this section.
(C) Each
certified cosmetic therapist shall submit to the board at the time
of biennial registration pursuant to section 4731.15 of the Revised
Code a sworn affidavit, in a form acceptable to the board, attesting
that he has completed continuing education programs in compliance
with this section and listing the date, location, sponsor, subject
matter, and hours completed of the programs.
(D) The
board shall adopt rules providing for pro rata reductions by month
of hours of continuing education required by this section for
persons who first receive a certificate during a registration
period.
The
board may excuse a cosmetic therapist from all or any part of the
requirements of this section because of an unusual circumstance,
emergency, or special hardship.
(E) Failure to comply with the requirements of this section constitutes
a failure to renew registration pursuant to section 4731.15 of the
Revised Code.
Effective
3‑2‑92.
§ 4731.16 Examinations.
The state
medical board shall conduct examinations of applicants for
certification to practice the limited branches of medicine of
massage therapy and cosmetic therapy. The examinations shall be
conducted under rules adopted by the board and at such times and
places as the board may determine. The fee for either examination is
two hundred fifty dollars.
For the
purpose of conducting examinations, the board may call to its aid
any person of established reputation and known ability in the
limited branch of medicine for which the examination is being held.
A person called to assist in an examination shall be reimbursed for
the person's services. Reimbursement shall be not more than one
hundred dollars per day and an amount fixed and allowed by the board
for the person's actual and necessary expenses.
Each
examination shall be given in anatomy, physiology, chemistry,
bacteriology, pathology, hygiene, diagnosis, and any other subjects
appropriate to the limited branch of medicine for which
certification is requested as the board may require, except that
applicants for certificates to practice massage therapy shall not be
examined in pathology.
If an
applicant fails an examination more than twice, in whole or in part,
the board may require that the applicant obtain additional training
as a condition of being eligible for further examination.
Effective
3‑9‑99.
§ 4731.17 Issuance of certificate.
If an
applicant passes the examination to practice massage therapy or
cosmetic therapy conducted under section 4731.16 of the Revised Code
and has paid the fee required under that section, the state medical
board shall issue to the applicant the appropriate certificate to
practice. Such certificate shall authorize the holder thereof to
practice the limited branch of medicine specified therein, but shall
not permit the holder to practice any other limited branch of
medicine, nor shall it permit the holder to treat infectious,
contagious, or venereal diseases, to prescribe or administer drugs,
or to perform surgery or practice medicine in any other form.
Effective
3‑9‑99.
§ 4731.18 Board may dispense with examination.
The state
medical board may dispense with the examination of applicants for
certificates to practice the limited branches of medicine of massage
therapy and cosmetic therapy in the same manner that certificates
are issued under section 4731.29 of the Revised Code to individuals
to practice medicine and surgery or osteopathic medicine and
surgery. The board may recognize any national examining boards of
the limited branches of medicine.
Effective
3‑9‑99.
§ 4731.19 Board to determine standing of school, college or
institution; requirements for admission to examination.
The state
medical board shall determine the standing of the schools, colleges,
or institutions giving instruction in the limited branches of
medicine of massage therapy and cosmetic therapy. If there shall at
any time be such schools, colleges, or institutions giving
instruction in such limited branches, the applicant for a
certificate to practice a limited branch of medicine shall, as a
condition of admission to the examination, produce a diploma or
certificate from a school, college, or institution in good standing
as determined by the board, showing the completion of the required
courses of instruction.
The entrance
examiner of the board shall determine the sufficiency of the
preliminary education of applicants for a certificate to practice
massage therapy or cosmetic therapy in the same manner that
sufficiency of preliminary education is determined under section
4731.09 of the Revised Code, except that the board may adopt rules
defining and establishing for the limited branch of medicine
preliminary educational requirements that are less exacting than
those prescribed by such section, as the nature of the case may
require.
Effective
3‑9‑99.
§ 4731.20 Powers and
duties of board.
The powers and
duties conferred by this chapter on the state medical board,
including all of the board's officers, for purposes of regulating
the practices of medicine and surgery, osteopathic medicine and
surgery, and podiatric medicine and surgery, shall apply in the same
manner, with any modifications the board considers necessary, for
purposes of regulating the practices of limited branches of
medicine, including the power of the board to take disciplinary
actions under section 4731.22 of the Revised Code.
Effective
4-10-2001.
§ 4731.21 Limitations prescribed.
Sections
4731.15 to 4731.20, inclusive, of the Revised Code do not amend
sections 4731.34, 4731.36, and 4731.41 of the Revised Code or limit
their application unless otherwise specifically provided.
Effective
10‑1‑53.
§4731.22 Grounds for discipline; investigations; reinstatement;
withdrawal of application; quality intervention program.
(A) The state medical board, by an
affirmative vote of not fewer than six of its members, may revoke or
may refuse to grant a certificate to a person found by the board to
have committed fraud during the administration of the examination
for a certificate to practice or to have committed fraud,
misrepresentation, or deception in applying for or securing any
certificate to practice or certificate of registration issued by the
board.
(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 to practice,
refuse to register an individual, refuse to reinstate a certificate,
or reprimand or place on probation the holder of a certificate for
one or more of the following reasons:
(1) Permitting one's name or one's certificate
to practice or certificate of registration to be used by a person,
group, or corporation when the individual concerned is not actually
directing the treatment given;
(2) Failure to maintain minimal standards
applicable to the selection or administration of drugs, or failure
to employ acceptable scientific methods in the selection of drugs or
other modalities for treatment of disease;
(3) Selling, giving away, personally
furnishing, prescribing, or administering drugs for other than legal
and legitimate therapeutic purposes or a plea of guilty to, a
judicial finding of guilt of, or a judicial finding of eligibility
for intervention in lieu of conviction of, a violation of any
federal or state law regulating the possession, distribution, or use
of any drug;
(4) Willfully betraying a professional
confidence.
For purposes of this
division, "willfully betraying a professional confidence" does not
include providing any information, documents, or reports to a child
fatality review board under sections 307.621 [307.62.1] to 307.629
[307.62.9] of the Revised Code and does not include the making of a
report of an employee's use of a drug of abuse, or a report of a
condition of an employee other than one involving the use of a drug
of abuse, to the employer of the employee as described in division
(B) of section 2305.33 of the Revised Code. Nothing in this division
affects the immunity from civil liability conferred by that section
upon a physician who makes either type of report in accordance with
division (B) of that section. As used in this division, "employee,"
"employer," and "physician" have the same meanings as in section
2305.33 of the Revised Code.
(5) Making a false, fraudulent, deceptive, or
misleading statement in the solicitation of or advertising for
patients; in relation to the practice of medicine and surgery,
osteopathic medicine and surgery, podiatric medicine and surgery, or
a limited branch of medicine; or in securing or attempting to secure
any certificate to practice or certificate of registration issued by
the board.
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.
(6) A departure from, or the failure to
conform to, minimal standards of care of similar practitioners under
the same or similar circumstances, whether or not actual injury to a
patient is established;
(7) Representing, with the purpose of
obtaining compensation or other advantage as personal gain or for
any other person, that an incurable disease or injury, or other
incurable condition, can be permanently cured;
(8) The obtaining of, or attempting to obtain,
money or anything of value by fraudulent misrepresentations in the
course of practice;
(9) A plea of guilty to, a judicial finding of
guilt of, or a judicial finding of eligibility for intervention in
lieu of conviction for, a felony;
(10) Commission of an act that constitutes a
felony in this state, regardless of the jurisdiction in which the
act was committed;
(11) A plea of guilty to, a judicial finding
of guilt of, or a judicial finding of eligibility for intervention
in lieu of conviction for, a misdemeanor committed in the course of
practice;
(12) 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;
(13) A plea of guilty to, a judicial finding
of guilt of, or a judicial finding of eligibility for intervention
in lieu of conviction for, a misdemeanor involving moral turpitude;
(14) Commission of an act involving moral
turpitude that constitutes a misdemeanor in this state, regardless
of the jurisdiction in which the act was committed;
(15) Violation of the conditions of limitation
placed by the board upon a certificate to practice;
(16) Failure to pay license renewal fees
specified in this chapter;
(17) Except as authorized in section 4731.31
of the Revised Code, engaging in the division of fees for referral
of patients, or the receiving of a thing of value in return for a
specific referral of a patient to utilize a particular service or
business;
(18) Subject to section 4731.226 [4731.22.6]
of the Revised Code, violation of any provision of a code of ethics
of the American medical association, the American osteopathic
association, the American podiatric medical association, or any
other national professional organizations that the board specifies
by rule. The state medical board shall obtain and keep on file
current copies of the codes of ethics of the various national
professional organizations. The individual whose certificate is
being suspended or revoked shall not be found to have violated any
provision of a code of ethics of an organization not appropriate to
the individual's profession.
For purposes of this division, a "provision of
a code of ethics of a national professional organization" does not
include any provision that would preclude the making of a report by
a physician of an employee's use of a drug of abuse, or of a
condition of an employee other than one involving the use of a drug
of abuse, to the employer of the employee as described in division
(B) of section 2305.33 of the Revised Code. Nothing in this division
affects the immunity from civil liability conferred by that section
upon a physician who makes either type of report in accordance with
division (B) of that section. As used in this division, "employee,"
"employer," and "physician" have the same meanings as in section
2305.33 of the Revised Code.
(19) Inability to practice according to
acceptable and prevailing standards of care by reason of mental
illness or physical illness, including, but not limited to, physical
deterioration that adversely affects cognitive, motor, or perceptive
skills.
In enforcing this division, the board, upon a
showing of a possible violation, may compel any individual
authorized to practice by this chapter or who has submitted an
application pursuant to this chapter to submit to a mental
examination, physical examination, including an HIV test, or both a
mental and a 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 an individual unable to
practice because of the reasons set forth in this division, the
board shall require the individual to submit to care, counseling, or
treatment by physicians approved or designated by the board, as a
condition for initial, continued, reinstated, or renewed authority
to practice. An individual affected under this division shall be
afforded an opportunity to demonstrate to the board the ability to
resume practice in compliance with acceptable and prevailing
standards under the provisions of the individual's certificate. For
the purpose of this division, any individual who applies for or
receives a certificate to practice under this chapter accepts the
privilege of practicing in this state and, by so doing, 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.
(20) Except when civil
penalties are imposed under section 4731.225 [4731.22.5] or 4731.281
[4731.28.1] of the Revised Code, and subject to section 4731.226
[4731.22.6] of the Revised Code, violating or attempting to violate,
directly or indirectly, or assisting in or abetting the violation
of, or conspiring to violate, any provisions of this chapter or any
rule promulgated by the board.
This division does not apply to a violation or
attempted violation of, assisting in or abetting the violation of,
or a conspiracy to violate, any provision of this chapter or any
rule adopted by the board that would preclude the making of a report
by a physician of an employee's use of a drug of abuse, or of a
condition of an employee other than one involving the use of a drug
of abuse, to the employer of the employee as described in division
(B) of section 2305.33 of the Revised Code. Nothing in this division
affects the immunity from civil liability conferred by that section
upon a physician who makes either type of report in accordance with
division (B) of that section. As used in this division, "employee,"
"employer," and "physician" have the same meanings as in section
2305.33 of the Revised Code.
(21) The violation of any abortion rule
adopted by the public health council pursuant to section 3701.341
[3701.34.1] of the Revised Code;
(22) Any of the following actions taken by the
agency responsible for regulating the practice of medicine and
surgery, osteopathic medicine and surgery, podiatric medicine and
surgery, or the limited branches of medicine in another
jurisdiction, 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;
(23) The violation of
section 2919.12 of the Revised Code or the performance or inducement
of an abortion upon a pregnant woman with actual knowledge that the
conditions specified in division (B) of section 2317.56 of the
Revised Code have not been satisfied or with a heedless indifference
as to whether those conditions have been satisfied, unless an
affirmative defense as specified in division (H)(2) of that section
would apply in a civil action authorized by division (H)(1) of that
section;
(24) The revocation, suspension, restriction,
reduction, or termination of clinical privileges by the United
States department of defense or department of veterans affairs or
the termination or suspension of a certificate of registration to
prescribe drugs by the drug enforcement administration of the United
States department of justice;
(25) Termination or suspension from
participation in the medicare or medicaid programs by the department
of health and human services or other responsible agency for any act
or acts that also would constitute a violation of division (B)(2),
(3), (6), (8), or (19) of this section;
(26) 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.
For the purposes of this division, any
individual authorized to practice by this chapter accepts the
privilege of practicing in this state subject to supervision by the
board. By filing an application for or holding a certificate to
practice under this chapter, an individual shall be deemed to have
given consent to submit to a mental or physical examination when
ordered to do so by the board in writing, and to have waived all
objections to the admissibility of testimony or examination reports
that constitute privileged communications.
If it has reason to believe that any
individual authorized to practice by this chapter or any applicant
for certification to practice 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 who is qualified to conduct the
examination and who is 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 certification to
practice, to submit to treatment.
Before being eligible to apply for
reinstatement of a certificate suspended under this division, the
impaired practitioner shall demonstrate to the board the ability to
resume practice in compliance with acceptable and prevailing
standards of care under the provisions of the practitioner's
certificate. The demonstration shall include, but shall not be
limited to, 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
the assessments and shall describe the basis for their
determination.
The board may reinstate a certificate
suspended under this division after that demonstration and after the
individual has entered into a written consent agreement.
When the impaired
practitioner resumes practice, the board shall require continued
monitoring of the individual. The monitoring shall include, but not
be limited to, 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 perjury stating whether the
individual has maintained sobriety.
(27) A second or subsequent violation of
section 4731.66 or 4731.69 of the Revised Code;
(28) Except as provided in division (N) of
this section:
(a) Waiving the payment of all or any part of
a deductible or copayment that a patient, pursuant to a health
insurance or health care policy, contract, or plan that covers the
individual's services, otherwise would be required to pay if the
waiver is used as an enticement to a patient or group of patients to
receive health care services from that individual;
(b) Advertising that the individual will waive
the payment of all or any part of a deductible or copayment that a
patient, pursuant to a health insurance or health care policy,
contract, or plan that covers the individual's services, otherwise
would be required to pay.
(29) Failure to use universal blood and body
fluid precautions established by rules adopted under section
4731.051 [4731.05.1] of the Revised Code;
(30) Failure to provide notice to, and receive
acknowledgment of the notice from, a patient when required by
section 4731.143 [4731.14.3] of the Revised Code prior to providing
nonemergency professional services, or failure to maintain that
notice in the patient's file;
(31) Failure of a physician supervising a
physician assistant to maintain supervision in accordance with the
requirements of Chapter 4730. of the Revised Code and the rules
adopted under that chapter;
(32) Failure of a physician or podiatrist to
enter into a standard care arrangement with a clinical nurse
specialist, certified nurse-midwife, or certified nurse practitioner
with whom the physician or podiatrist is in collaboration pursuant
to section 4731.27 of the Revised Code or failure to fulfill the
responsibilities of collaboration after entering into a standard
care arrangement;
(33) Failure to comply with the terms of a
consult agreement entered into with a pharmacist pursuant to section
4729.39 of the Revised Code;
(34) Failure to cooperate in an investigation
conducted by the board under division (F) of this section, 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;
(35) Failure to supervise an acupuncturist in
accordance with Chapter 4762. of the Revised Code and the board's
rules for supervision of an acupuncturist;
(36) Failure to supervise an anesthesiologist
assistant in accordance with Chapter 4760. of the Revised Code and
the board's rules for supervision of an anesthesiologist assistant;
(37) 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 an individual 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.
If the board takes disciplinary action against an individual under
division (B) of this section for a second or subsequent plea of
guilty to, or judicial finding of guilt of, a violation of section
2919.123 [2919.12.3] of the Revised Code, the disciplinary action
shall consist of a suspension of the individual's certificate to
practice for a period of at least one year or, if determined
appropriate by the board, a more serious sanction involving the
individual's certificate to practice. Any consent agreement entered
into under this division with an individual that pertains to a
second or subsequent plea of guilty to, or judicial finding of guilt
of, a violation of that section shall provide for a suspension of
the individual's certificate to practice for a period of at least
one year or, if determined appropriate by the board, a more serious
sanction involving the individual's certificate to practice.
(D) For purposes of
divisions (B)(10), (12), and (14) 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
individual committed the act. The board does not have jurisdiction
under those divisions if the trial court renders a final judgment in
the individual's favor and that judgment is based upon an
adjudication on the merits. The board has jurisdiction under those
divisions if 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 this section or upon the board's jurisdiction to take action
under this section if, based upon a plea of guilty, a judicial
finding of guilt, or a judicial finding of eligibility for
intervention 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) (1) The board shall investigate
evidence that appears to show that a person has violated any
provision of this chapter or any rule adopted under it. Any person
may report to the board in a signed writing any information that the
person may have that appears to show a violation of any provision of
this chapter or any rule adopted under it. In the absence of bad
faith, any person who reports information of that nature or who
testifies before the board in any adjudic |