Newly Adopted and Proposed Rules

Newly Adopted Rules


Effective 9/30/19

Standards for Surgery

4731-18-01 - rescinded

4731-25-08 - new

 

Cosmetic Therapy Rules

4731-1-08 - rescinded

 

Genetic Counselor Criminal Records Checks Rules

4778-2-01 Definitions - rescinded

4778-2-02 - rescinded

 

Radiological Assistant Criminal Records Checks Rules

4774-2-01 Definitions - rescinded

4774-2-02 - rescinded

 

Dietetics Criminal Records Checks Rules

4759-4-11 - rescinded

 

PA Criminal Records Checks Rules

4730-3-01 Definitions - rescinded

4730-3-02 - rescinded

 

Criminal Records Checks Rules

4731-4-01 Definitions - new

4731-4-01 Definitions - rescinded

4731-4-02 - amended

 

Effective 11/5/19

4731-1-05 - to be amended

 

Effective 11/30/19

Current rule rescinded and new rule adopted to add requirements for physician assistants:

4731-31-01 Requirements for assessing and granting clearance for return to practice or competition

 

The following rules applicable to dietitians are rescinded:

4759-1-01 Public notice of rule adoption.               

4759-1-02 Notice of board meetings.                     

4759-1-03 Personal information systems.              

4759-3-01 Duties of board members.                     

4759-3-02 Executive secretary/executive director.              

4759-3-03 Minutes of board meetings.                   

4759-3-04 Cooperation and communication with professional organizations.

4759-3-05 Advisory committees.               

4759-3-06 Parliamentary procedures.        

4759-3-07 Adjudication hearings.  

4759-4-05 Licensure by reciprocity.           

4759-4-06 Status categories.                    

4759-4-07 Failure to maintain licensure.                 

4759-4-10 Prorated initial license fee.                    

4759-7-01 Filing of complaints.                 

4759-8-01 Representatives; appearances communications; applicability.                

4759-8-02 Filing request for hearing.

4759-8-03 Notice of hearings.                   

4759-8-04 Authority and duties of attorney hearing examiners.

4759-8-05 Consolidation.              

4759-8-06 Intervention.                 

4759-8-07 Continuance of hearing.            

4759-8-08 Motions.                      

4759-8-09 Filing.              

4759-8-10 Service on parties.                   

4759-8-11 Computation and extension of time.                  

4759-8-12 Transcripts.                  

4759-8-13 Subpoenas for purposes of hearing.                  

4759-8-14 Mileage reimbursements and witness fees.                    

4759-8-15 Reports and recommendations.             

4759-8-16 Exchange of documents and witness lists.                     

4759-8-17 Pre-hearing conference.           

4759-8-18 Requirements for pre-hearing exchange of information.  

4759-8-19 Status conference.                   

4759-8-20 Depositions and transcripts of prior testimony.               

4759-8-21 Prior action by the board.                      

4759-8-22 Stipulation of facts.                  

4759-8-23 Witnesses.                   

4759-8-24 Conviction of a crime.               

4759-8-25 Rules of evidence.                   

4759-8-26 Broadcasting and photographing administrative hearings.           

4759-8-27 Sexual misconduct evidence.                

4759-8-28 Reinstatement of license.                     

4759-8-29 Settlements, dismissals, and voluntary surrenders.         

4759-10-01 Definitions.                  

4759-10-02 Procedures for accessing confidential personal information.       

4759-10-03 Valid reasons for accessing confidential personal information.    

4759-10-04 Confidentiality statutes.

4759-10-05 Restricting and logging access to confidential personal information in computerized personal information systems.    

 

The following rules applicable to dietitians were amended or adopted as new rules:

4759-2-01 Definitions.  Amended.              

4759-4-01 Applications.  Current rule rescinded and a new rule adopted.     

4759-4-03 Examination.  Amended.           

4759-4-04 Continuing education.  Amended.                        

4759-4-08 Limited permit.  Amended.        

4759-4-09 License certificates and permits.  Current rule rescinded and a new rule adopted.

4759-4-12 Consideration of military experience, education, training and term of service.  Amended.  

4759-4-13 Temporary license for military spouse.  Amended.                      

4759-5-02 Student practice exemption.  Amended.             

4759-5-03 Plan of treatment exemption. Amended.             

4759-6-01 Standards of practice in nutrition care. Amended.                       

4759-6-03 Interpretation of standards.  Current rule rescinded and a new rule adopted.

4759-9-01 Severability.  Amended.

4759-11-01 Miscellaneous Provisions.  Adopted as a new rule

 

Effective 3/30/20

Cosmetic Therapy Rules

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


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


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


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.


Notice of October 2, 2019 Public Hearing. A public hearing will be conducted on October 2, 2019, at 1:30 p.m. in the Lobby Hearing Room, Rhodes State Office Tower, 30 E. Broad Street, 1st Floor, Columbus, OH.  Oral and written testimony may be presented by any person affected by the proposed rules.


Notice of August 9, 2019 Public Hearing. A public hearing on proposed rules will be conducted on August 9, 2019, at 1:30 p.m. in the Lobby Hearing Room, Rhodes State Office Tower, 30 E. Broad Street, 1st Floor, Columbus, OH 43215.  Oral and written testimony may be presented by any person affected by the proposed rules.


UPDATE for June 5, 2019 Public Hearing

At the June 5, 2019 public hearing, no comments were received on proposed rules 4731-7-01 and 4731-24-05. However, comments were received on proposed rules 4731-1-05 (Scope of practice: massage therapy) and 4731-1-24 (Massage therapy renewal and continuing education). Accordingly, the following actions were taken after consideration of the comments received:

Adopted effective July 31, 2019

4731-7-01 Method of notice of meetings

4731-24-05 Military provisions related to certificate to practice as an anesthesiologist assistant 

 

Revised and refiled with JCARR

Rule 4731-1-05 Scope of practice: massage therapy

The revised rule will be on the September 16, 2019 JCARR agenda. View the revised rule here

 

Withdrawn from consideration

Rule 4731-1-24 Massage therapy renewal and continuing education


UPDATE for May 13, 2019 Public Hearing

At the May 13, 2019 public hearing, comments were received on proposed rules 4731-18-01, 4731-25-08, and 4731-31-01. All other rules on the hearing agenda have been adopted with an effective date of July 31, 2019. Accordingly, the following actions were taken after consideration of the comments received:

Revised and refiled with JCARR

Rule 4731-18-01 Standards for surgery (to be rescinded)

Rule 4731-25-08 Standards for surgery (new rule)

Rule 4731-25-08 was revised to reflect comments and both rules were on the August 12, 2019 JCARR agenda. They are expected to be adopted by the Medical Board at its September 11, 2019 meeting. View the revised rule 4731-25-08 here

 

Withdrawn from consideration

Rule 4731-31-01 Requirements for assessing and granting clearance for return to practice and competition

The Medical Board approved revising the rule to reflect comments received at the hearing. The version that was on the May 13th hearing agenda has been withdrawn because the revisions render more than fifty percent of the rule to be amended. Accordingly, the current rule will need to be rescinded and the approved language adopted as a new rule 4731-31-01. The proposed new rule will be filed for review in the future.