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Important Information

from the State Medical Board of Ohio

July 2019 eNews

The July 2019 issue of the Medical Board's eNews is available. Here are the highlights:

  • OARRS

  • medical marijuana subject matter experts sought

  • new resources available for chronic and subacute pain prescribing

  • OMMCP update

  • free opioid tapering webinar

  • new EMS public record exemptions

  • office closure

  • board meeting dates

Click here to read the issue.

 

Notice of August 9, 2019 Public Hearing

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.

 

Cosmetic therapy continuing education

4731-1-08 Continuing cosmetic therapy education requirements for registration or reinstatement of a license to practice cosmetic therapy - To be rescinded

4731-1-08 Continuing cosmetic therapy education requirements for renewal, reinstatement, or restoration of a license to practice cosmetic therapy - New rule

 

Cosmetic therapy examination; limited branch schools

4731-1-01 Definition of terms - To be amended

4731-1-11 Application and examination for certificate to practice cosmetic therapy - To be rescinded

731-1-11 Application and examination for certificate to practice cosmetic therapy - New rule

4731-1-13 Examination failure; additional training - To be rescinded

4731-1-18 Grounds for suspension, revocation or denial of certificate of good standing; hearing rights - To be amended

4731-1-19 Probationary status - To be rescinded

4731-1-19 Probationary status of a limited branch school - New rule

 

Criminal records check requirements. The requirements for applicants for all licenses issued by the Medical Board will be included in rules 4731-4-01 and 4731-4-02

4731-4-01 Definitions - To be rescinded

4731-4-01 Definitions - New rule applicable to applicants for any license issued by Medical Board

4731-4-02 Criminal records checks - To be amended

 

The following rules are proposed to be rescinded:

4730-3-01 Definitions (applicable to physician assistants)

4730-3-02 Criminal records checks (applicable to physician assistants)

4759-4-11 Criminal records check (applicable to dietitians)

4774-2-01 Definitions (applicable to radiologist assistants)

4774-2-02 Criminal records checks (applicable to radiologist assistants)

4778-2-01 Definitions (applicable to genetic counselors)

4778-2-02 Criminal records checks (applicable to genetic counselors)

 

Med Board Services Continue During Interim Budget

The State of Ohio is currently operating under a 17-day interim budget. Medical board services will continue uninterrupted. However, expenditures for non-payroll items (contractors, etc.) are temporarily suspended. This will impact the State Medical Board of Ohio Medical Marijuana Expert Review Committee meeting that was scheduled for July 10. That meeting is now estimated to take place on August 14.

Medical Board Considers New Conditions for Ohio’s Medical Marijuana Control Program

The State Medical Board of Ohio discussed petitions it received to add qualifying conditions to Ohio’s Medical Marijuana Control Program during its June 12, 2019 meeting. The board voted to reject the petitions for depression, insomnia and opioid use disorder but decided to table votes on autism spectrum disorder and anxiety for additional discussion and review. 

Ohio Administrative Code 4731-32-05 allows the board to extend its six-month decision deadline if it determines good cause. Dr. Michael Schottenstein stated that the board should postpone a vote because the two new board members have not had adequate time to consider the more than 2,000 pages of petitions and expert reports about the conditions.

The Medical Marijuana Expert Review Committee completed its review of the expert reports on May 8, 2019. The committee voted to recommend autism spectrum disorder and anxiety to the full board. Click here to view the experts' reports.

Under Ohio law, all of the following are already identified as qualifying medical conditions: AIDS, amyotrophic lateral sclerosis, Alzheimer’s disease, cancer, chronic traumatic encephalopathy, Crohn’s disease, epilepsy or another seizure disorder, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, pain that is either chronic and severe or intractable, Parkinson’s disease, positive status for HIV, post-traumatic stress disorder, sickle cell anemia, spinal cord disease or injury, Tourette’s syndrome, traumatic brain injury, and ulcerative colitis. These conditions were established by lawmakers in HB523. The legislation also tasked the Medical Board with adding additional conditions. The board is set to accept new petitions for additional conditions Nov. 1 through Dec. 31, 2019. A condition that has been rejected by the board will not be reconsidered unless new information, such as additional research or supporting evidence, is provided.

June 2019 eNews

The June 2019 issue of the Medical Board's eNews is available. Here are the highlights:

  • New rules effective May 31

  • new EMS public record exemptions

  • new board member appointments

  • new chronic and subacute prescribing resources

  • J-1 waiver deadline

  • accepting applications for dietetics council and physician assistant committee

  • medical marijuana control update

  • cosmetic therapy deadline

  • office closure July 4

 

 

Accepting Applications for Consumer Seat on Physician Assistant Policy Committee

The State Medical Board of Ohio is pleased to announce that it is accepting applications to fill the consumer seat on the Physician Assistant Policy Committee (“PAPC”). The president of the Medical Board appoints the committee to advise the board on issues relating to the practice of physician assistants.

The statutory requirement for the consumer seat is that the consumer member not be affiliated with any health care profession. The consumer member shall be appointed to represent the interest of the consumers.

PAPC meets on an as-needed basis, and the members may participate via telephone conference. Meetings generally last one hour or less. The appointment is for a term from May 17, 2019 to May 16, 2021.  At the end of the term, there will be an opportunity to apply for a new 2-year term. Members of PAPC are reimbursed for actual and necessary expenses associated with travel to Columbus for meetings, if they come in person instead of participating via telephone conference.

At PAPC meetings the members discuss issues relating to the practice of physician assistants in Ohio, and may submit recommendations to the Medical Board in the following areas: 

  • Requirements for issuing a license to practice as a physician assistant, including the educational requirements that must be met to receive the license;

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

  • In accordance with section 4730.38 of the Revised Code, physician-delegated prescriptive authority for physician assistants;

  • Application procedures and forms for a license to practice as a physician assistant;

  • Fees required for issuance and renewal of a license to practice as a physician assistant;

  • Any issue the Medical Board asks the committee to consider.

  • In addition, PAPC may review, and may submit to the Medical Board recommendations concerning quality assurance activities to be performed by a supervising physician and physician assistant under a quality assurance system.

If you are interested in serving as the consumer member of PAPC, please submit an application by email to Sallie.Debolt@med.ohio.gov by June 21, 2019

Accepting Applications for Consumer Seat on Dietetics Advisory Council

The State Medical Board of Ohio is pleased to announce that it is accepting applications to fill the consumer seat on the Dietetics Advisory Council. The board appoints the Dietetics Advisory Council to advise the board on issues relating to the practice of dietetics.

The statutory requirement for that seat is that the consumer member not be affiliated with any health care profession. The consumer member shall be appointed to represent the interest of the consumers. 

The Dietetics Advisory Council shall meet at least four times each year. The appointment to fill the unexpired term of the consumer seat will require a commitment until April 2020 which would entail attendance at approximately 3 quarterly meetings which generally run for 1-2 hours once a quarter in Columbus. At the end of the term, there will be an opportunity to apply for a new 3-year term. Members of the council are reimbursed for actual and necessary expenses associated with travel to Columbus for the meetings.

At council meetings, members of the council discuss issues relating to the practice of dietetics in Ohio, and the council may submit recommendations to the Medical Board in the following areas: 

(1) Requirements for issuing a license to practice as a dietetics professional or as a limited permit holder, including the educational and experience requirements that must be met to receive the license or permit;

(2) Existing and proposed rules pertaining to the practice of dietetics and the administration and enforcement of this chapter;

(3) Standards for the approval of educational programs required to qualify for licensure and continuing education programs for licensure renewal;

(4) Policies related to the issuance and renewal of licenses and limited permits;

(5) Fees for the issuance and renewal of a license to practice dietetics as a licensee or as a limited permit holder;

(6) Standards of practice and ethical conduct in the practice of dietetics;

(7) The safe and effective practice of dietetics, including scope of practice and minimal standards of care.    

 

 

If you are interested in serving as the consumer member of the council, please submit an application by email to Donald.Davis@med.ohio.gov by June 21, 2019.

 

Notice of June 5, 2019 Rules Hearing

A public hearing on proposed rules will be conducted on June 5, 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.

 

Notice of June 5, 2019 Public Hearing

 

Massage therapy

4731-1-05 Scope of practice: massage therapy – To be amended

4731-1-24 Massage therapy renewal and continuing education – New rule

 

Notice of Medical Board meetings

4731-7-01 Method of notice of meetings – To be amended

 

Anesthesiologist assistants

4731-24-05 Military provisions related to certificate to practice as an anesthesiologist assistant – To be amended, but only by changing the referenced implementing and authorizing statutes

 

New Rules Effective May 31, 2019

There are rule changes that have been adopted by the Medical Board and are effective on May 31, 2019.

 

Amended Rules

4731-1-17: Instructional Staff in Ohio Cosmetic Therapy and Massage Therapy Programs

4731-27-02: Dismissing a Patient from the Medical Practice

4731-27-03: Notice of Termination of Physician Employment or physician Leaving a Practice, Selling a Practice, or Retiring from the Practice of Medicine

 

Rescinded Rule

4761-11-03: Board Imposition of Penalties

 

Special Meeting May 23, 2019

The State Medical Board of Ohio has voted to waive its confidentiality interest in the investigative materials involving Richard Strauss, M.D. with protections for individuals who have not waived their confidentiality interests. This vote allows OSU to unredact information from the university’s report if they are able to obtain waivers of confidentiality from each entity that was involved with the Medical Board investigation

 

Under the case law interpreting Ohio Revised Code 4731.22(F)(5), several parties have confidentiality rights in the board’s investigative files, and each must waive confidentiality before their portion of the materials can be made public. Entities involved include:

• Medical Board

• Complainant

• Witnesses

• Patients/victims

• Doctors/licensees

 

This confidentiality law protects sensitive patient information from being inappropriately released to the public. However, investigative information protected under section 4731.22(F)(5) may be released to another governmental agency only if that agency is conducting an investigation of a violation of laws and rules.

 

In December 2018, the State Medical Board of Ohio provided all of its investigation files regarding Richard Strauss, M.D. to Ohio State University as a governmental agency conducting an investigation of a violation of laws and rules. The investigative file provided to Ohio State University was unredacted, with the exception of any social security numbers included in the file.

 

The statute requires that the governmental agency in receipt of the board’s investigative materials must keep the information confidential in the same manner as the Medical Board is required to do. Ohio State indicated that some individuals with a confidentiality interest have waived that interest and asked the Medical Board to consider waiving its confidentiality interest as well. During the May 23 special meeting, the Medical Board agreed to the waiver and urged Ohio State to use this opportunity to release additional information redacted from its investigation report.