February 23,
2022 2544 2544 
The February issue of the Medical Board's eNews is available here:
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telehealth update
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seeking comment on proposed rules
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newly adopted rules effective 1/31/22
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Medical Board considering new qualifying conditions
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subject matter expert wanted to review medical marijuana petitions
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BWCs virtual medical & health symposium
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physician reviewers wanted
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board seeks subject matter experts
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death certificates
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COVID-19 resources
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upcoming office closure
February 17,
2022 2346 2346
The State Medical Board of Ohio seeks public input on proposed rules several times during the rule-making process. Public input is sought after the Medical Board has conducted its initial review of rules, after rules are filed with the Common Sense Initiative Office, and at the public hearing that occurs after the rules are formally filed with the Joint Committee on Agency Rule Review.
The Medical Board’s initial review of rules may result in a proposal to amend current rules, rescind current rules, make no changes to current rules, and/or adopt new rules. Comments received will be reviewed and possibly result in changes to the initially proposed language before the rules are then filed with the Common Sense Initiative Office.
At this time, public comment is being sought on the proposed language for the following rules. The rules title is a link to the rule(s) and a memo explaining the proposed action.
4731-37-01 Telehealth Proposed New Rule
4731-11-09 Controlled substance and telehealth prescribing Proposed New Rule
4731-11-09 Prescribing to persons not seen by the physician Propose to Rescind
4730-1-07 Miscellaneous provisions Propose to Amend
4730-2-07 Standards for prescribing Propose to Amend
4759-11-01 Miscellaneous provisions Propose to Amend
4761-15-01 Miscellaneous provisions Propose to Amend
4778-1-06 Miscellaneous provisions Propose to Amend
Deadline for submitting comments: March 1, 2022
Comments to: Nathan Smith, State Medical Board of Ohio, Nathan.Smith@med.ohio.gov
February 11,
2022 3218 3218
The State Medical Board of Ohio seeks public input on proposed rules several times during the rule-making process. Public input is sought after the Medical Board has conducted its initial review of rules, after rules are filed with the Common Sense Initiative Office, and at the public hearing that occurs after the rules are formally filed with the Joint Committee on Agency Rule Review.
The Medical Board’s initial review of rules may result in a proposal to amend current rules, rescind current rules, make no changes to current rules, and/or adopt new rules. Comments received will be reviewed and possibly result in changes to the initially proposed language before the rules are then filed with the Common Sense Initiative Office.
At this time, public comment is being sought on the proposed language for the following rules. The rules title is a link to the rule(s) and a memo explaining the proposed action.
4731-11-03 Utilization of anabolic steroids, schedule II controlled substance cocaine hydrochloride, and schedule II controlled substance stimulants Propose to Amend
4731-11-04 Controlled substances: Utilization of short term anorexiants for weight reduction Propose to Rescind
4731-11-04 Controlled substances for the treatment of obesity Proposed New Rule
4731-11-04.1 Controlled substances: Utilization for chronic weight management Propose to Rescind
Deadline for submitting comments: March 1, 2022
Comments to: Kimberly Anderson, State Medical Board of Ohio, Kimberly.Anderson@med.ohio.gov
February 10,
2022 3650 3650
To inform whether they should be added as qualifying conditions for Ohio’s Medical Marijuana Control Program, the State Medical Board of Ohio determined the following conditions will move forward for expert review and public comment:
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Opioid use disorder (2 petitions)
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Autism spectrum disorder
Written public comment on these conditions will be accepted February 10 – February 25, 2022. Anyone may submit their comments by emailing MedicalMarijuana@med.ohio.gov.
Petition Process
On Wednesday, February 9, 2022, the board’s Medical Marijuana Committee met to review recently submitted petitions that asked the board to add to the list of conditions that can qualify patients to participate in Ohio’s Medical Marijuana Program. During the submission period, petitions were filed electronically through the state’s website, medicalmarijuana.ohio.gov. A petition needed to include (per Ohio Administrative Code 4731-32-05):
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The name and contact information
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Specific disease or condition requested to be added
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Information from experts who specialize in the study of the disease or condition
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Relevant medical or scientific evidence
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Consideration of whether conventional medical therapies are insufficient to treat or alleviate the disease or condition
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Evidence supporting the use of medical marijuana to treat or alleviate the disease or condition and other types of medical or scientific documentation
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Letters of support provided by physicians
The Medical Board received 9 petitions from November 1- December 31, 2021.
4 petitions failed to meet the statutory and rule requirements for consideration by the board. These petitions were recommended for rejection by the committee. The full board will consider the rejection recommendations at the March 9 meeting.
2 petitions failed to meet the statutory and rule requirements for consideration by the board. However, these petitions either explicitly petitioned for a condition already covered, or the petition was for a condition closely associated with a condition already covered. During the February 9 meeting, the board’s Medical Marijuana Committee determined that the petitions submitted for degenerative disc disease/chronic pain/PTSD and lupus (when pain is present) were already covered by the existing qualifying condition of pain that is either chronic or intractable.
The petitions for opioid use disorder and autism spectrum disorder will move forward for expert review since the board determined they met the requirements of new scientific information outlined in Ohio Administrative Code 4731-32-05. Petitions for autism and opioid use disorder were rejected by the board in 2019, 2020, and 2021.
Next Steps
For those petitions moving forward to expert review and public comment, the experts may include physicians who specialize in the named conditions, experts who have experience with medical marijuana programs in other states, etc. Petitions for the same condition will be combined for the reviews.
The committee will review the subject matter experts’ reports, and then make a recommendation to the full board for a vote to adopt/deny the petition to add the qualifying conditions. That full board vote is expected this summer.
The Medical Board’s rules (Ohio Administrative Code) for the qualifying conditions can be found here: http://codes.ohio.gov/oac/4731-32-05.
The next condition petition window will be November 1 – December 31, 2022.