Newly Adopted and Proposed Rules

Newly Adopted Rules


Physician Assistant Rules - effective 9/30/20

4730-1-06 Licensure as a physician assistant

4730-1-07 Miscellaneous provisions

4730-1-08 Physician assistant delegation of medical tasks and administration of drugs - Rescinded

4730-2-04 Period of on-site supervision of physician-delegated prescriptive authority

4730-2-05 Addition of valid prescriber number after initial licensure

4730-2-06 Physician assistant formulary - Rescinded       

4730-2-07 Standards for prescribing

4730-2-10 Standards and procedures for review of “Ohio Automated RX Reporting System” (OARRS)

 

Respiratory Care Rules - effective 9/30/20

4761-5-01 Waiver of licensing requirements pursuant to division (B) of section 4761.04 of the revised code

4761-5-04 License application procedure             

4761-6-01 Limited permit application procedure

4761-7-04 Supervision  

4761-9-01 Definition of respiratory care continuing education    

4761-9-05 Approved sources of RCCE     

4761-9-07 Auditing for compliance with RCCE requirements       

4761-10-03 Providing information to the board

 

Cosmetic Therapy Rules - effective 3/30/20

4731-1-01 - to be amended

4731-1-11 - to be rescinded

4731-1-13 - to be rescinded

4731-1-18 - to be amended

4731-1-19 - to be rescinded

4731-1-08 - rescinded


House Bill 166 Changes Ohio Laws

Ohio’s biennium budget contains hundreds of policy changes in addition to financial appropriations. A number of those statutory changes will impact State Medical Board of Ohio licensees. The following is a summary of changes in Ohio law that will become effective October 17, 2019. 

Below is a quick summary, but licensees are encouraged to read the complete law in the Ohio Revised Code (ORC).

All license types

• Eliminates a requirement under which an affirmative vote of at least six members of the board is necessary to grant a license to an applicant. This change will allow the Medical Board to issue licenses faster, instead of waiting for monthly board meetings.

• Licenses will expire two years after the original date of issuance. For existing license holders, the renewal deadline will continue to be on the same date as it is currently; for new license holders this means renewal will occur on the two-year anniversary of initial issuance and every two years thereafter.

• The board can now impose terms and conditions to ensure an applicant’s fitness to practice, as follows: (1) when seeking issuance of a license without having been engaged in practice or participating in a training or educational program for more than two years, and (2) when seeking restoration of a license that has been inactive for more than two years.

Allied health professionals

• Clarifies an eligibility requirement that applies to a person seeking licensure to practice a limited branch of medicine based on holding a license in another state, by specifying that the applicant must have held a license to practice massage therapy or cosmetic therapy during the five-year period preceding the date of application.

• Authorizes the board to impose a civil penalty of not more than $5,000 if the license holder fails to complete the continuing education required to maintain a license.

Physicians

• Ohio MDs, DOs, and DPMs will need to complete a total of 50 hours Category 1 CME every two years to be eligible for license renewal. Previously, physicians were required to complete a total of 100 hours, of which 40 needed to be Category 1.

• The amount of continuing education hours a physician may earn providing health care services as a volunteer will be reduced to three hours.

• Expedited licensure: Clarifies an eligibility requirement that applies to a physician seeking an expedited license by endorsement by specifying that the applicant must not have been the subject of more than two malpractice claims resulting in a finding of liability in the ten years preceding the date of application.

• Training certificates: Allows a holder of a physician training certificate to apply for late renewal not more than 30 days after the certificate’s expiration date if the individual pays a $150 reinstatement fee.

• Clinical fellowship programs: Specifies that an accredited clinical fellowship program constitutes (1) graduate medical education recognized by the board and (2) a program that an individual may participate in by obtaining a training certificate.

• Clinical research faculty: Specifies that holders of clinical research faculty certificates will need to complete 75 hours Category 1 CME every three years to renew their certificates.

Physician assistants (PAs)

• The physician assistant continuing education (CE) requirements for Ohio will mirror the National Commission on Certification of Physician Assistants (NCCPA) requirements. Previously, a physician assistant needed to complete a minimum of 100 hours of continuing education every two years, which did not align with the NCCPA certification cycle. Physician assistants who hold prescriptive authority will continue to be required to complete at least twelve hours of continuing education in pharmacology.

• Changes in the law will now require both the supervising physician and the physician assistant to retain a copy of their supervision agreement in their records. The law also permits the board to assess a civil penalty upon a finding that a supervision agreement has not been retained as required.

• PA initial application fee reduced from $500 to $400.

• Limits a physician assistant’s existing authority to personally furnish samples of drugs and therapeutic devices to the drugs and devices included in the physician assistant’s physician-delegated prescriptive authority.

• Requires that medical care provided by an out-of-state physician assistant at a charitable event in Ohio be supervised by the event’s medical director or another physician authorized to practice in Ohio.

 

Proposed Rules Under Initial Review


Eligibility for Licensure - 4731-6-14 

Hearing Rules – 4731 Chapter 13

Exposure Prone Invasive Procedure Rules – 4731 Chapter 17

Radiologist Assistants

Personal Information Systems

Chapter 4731-10 Licensing; Continuing Education

Dietetics rules for continuing education and limited permits

Controlled Substance Prescribing Rules: 4731-11-02, 4731-11-03, 4731-11-04, 4731-11-04.1, 4731-11-07, and 4731-11-11.

 

Proposed Rules Filed With The Common Sense Initiative Office


Physician continuing medical education rules

Light-based Procedures

4731-36-04 Temporary licensure for members of the military and spouses who are licensed in another jurisdiction

Military rules for all Medical Board licensee types

Standards and Procedures for Withdrawal Management for Drug or Alcohol Addiction

Respiratory Care (RC) Rules

Physician Assistant Rules Reflecting Senate Bill 259 of the 132nd General Assembly

Subpoenas for Purposes of Hearing

Consult Agreements with Pharmacists and Standards for Managing Drug Therapy

Amendments to Rules 4731-11-01 and 4731-11-14: Prescribing for Subacute and Chronic Pain

 

Proposed Rules Filed with The Joint Committee on Agency Rule Review (JCARR)

Contact Legal Department to receive email notification of public hearings related to Medical Board rules.

 

Withdrawn from consideration

Rule 4730-1-06 - Licensure as a physician assistant - has been withdrawn because the rule as final filed contained an error in referencing Rule 4731-36-03 prior to its final adoption. This rule will be re-filed when Rule 4731-36-03 is final filed.

 

 

Public Rules Hearing Notices


Notice for October 27, 2020 meeting