HB 437 — Enact the Healthy Cardiac Monitoring Act

250 Sub.

437 Page 10 As ReportedPassed by the House Health(b) CommitteeA (c)certified Anurse physicianpractitioner, assistant.clinical nurse 247 specialist, or certified nurse-midwife who holds a certificate 248 of authority issued under Chapter 4723.

of the Revised CodeAn 249 advanced practice registered nurse;

250 (c) A physician assistant.

273 (a) An athletic activity, as defined in section 3313.5310 274 ofSub. the Revised Code;

275 (b) An athletic activity organized by a youth sports 276 organization.

277 (2) "Youth athlete" and "youth sports organization" have 278 Sub.

437 Page 11 As ReportedPassed by the House Health Committee the same meanings as in section 3707.58 of the Revised Code.Code;

275 (b) An athletic activity organized by a youth sports 276 organization.

277 (2) "Youth athlete" and "youth sports organization" have 278 the same meanings as in section 3707.58 of the Revised Code.

303 (2)Sub. The department of education and workforce shall 304 distribute copies of the guidelines and other relevant 305 educational materials described in division (B)(1) of this 306 section free of charge to all school districts in Ohio.

The 307 department also shall distribute copies of the guidelines and 308 Sub.

437 Page 12 As ReportedPassed by the House Health(2) CommitteeThe materialsdepartment toof anyeducation and workforce shall 304 distribute copies of the guidelines and other relevant 305 educational materials described in division (B)(1) of this 306 section free of charge to all school ondistricts request.in Ohio.

The 307 department also shall distribute copies of the guidelines and 308 materials to any other school on request.

332 (3)Sub. A certification to be signed by the health care 333 professional who performs the physical examination, certifying 334 that the health care professional has complied with the 335 following:

336 (a) For a physician, divisions (B)(2) and (3) of section 337 Sub.

437 Page 13 As ReportedPassed by the House Health(3) CommitteeA 4731.89certification ofto be signed by the Revisedhealth Code;care 333 professional who performs the physical examination, certifying 334 that the health care professional has complied with the 335 following:

336 (a) For a physician, divisions (B)(2) and (3) of section 337 4731.89 of the Revised Code;

359 (1) Consult with the academy of family physicians, the 360 American heart association, and the Ohio chapter of the American 361 collegeSub. of cardiology in developing the module;

362 (2) Include all of the following in the module:

363 (a) How to complete and review a detailed medical history 364 with an emphasis on cardiovascular family history and personal 365 reports of symptoms;

366 Sub.

437 Page 14 As ReportedPassed by the House Healthcollege Committee (b) Identification of symptomscardiology ofin suddendeveloping cardiacthe arrestmodule; 367 that may require follow up with a cardiologist;

362 (2) Include all of the following in the module:

363 (a) How to complete and review a detailed medical history 364 with an emphasis on cardiovascular family history and personal 365 reports of symptoms;

366 (b) Identification of symptoms of sudden cardiac arrest 367 that may require follow up with a cardiologist;

387 (D) The department of health shall facilitate the database 388 storageSub. of information related to all health care professionals 389 who complete the course as required by sections 4723.484, 390 4730.46, and 4731.89 of the Revised Code.

The department may 391 coordinate with health care professional licensing boards to 392 store the information on behalf of the department, as the 393 department considers appropriate.

The records shall be kept for 394 ten years.

395 Sub.

437 Page 15 As ReportedPassed by the House Healthstorage Committeeof (E)information Therelated departmentto ofall health shallcare completeprofessionals an389 annualwho 396complete report on outcomes related to the modulecourse andas healthrequired careby 397 professional reports under sections 4723.484, 390 4730.46, and 398 4731.89 of the Revised Code.

The department may 391 coordinate with health care professional licensing boards to 392 store the information on behalf of the department, as the 393 department considers appropriate.

The records shall be kept for 394 ten years.

395 (E) The department of health shall complete an annual 396 report on outcomes related to the module and health care 397 professional reports under sections 4723.484, 4730.46, and 398 4731.89 of the Revised Code.

If a license is not renewed 418 orSub. classified as inactive, the license lapses on the first day 419 of November of the renewal year.

420 (b) An active license to practice nursing as a licensed 421 practical nurse is subject to renewal in even-numbered years.

An 422 application for renewal of the license is due on the fifteenth 423 day of September of the renewal year.

A late application may be 424 submitted before the license lapses.

If a license is not renewed 425 Sub.

437 Page 16 As ReportedPassed by the House Health Committee or classified as inactive, the license lapses on the first day 426419 of November of the renewal year.

420 (b) An active license to practice nursing as a licensed 421 practical nurse is subject to renewal in even-numbered years.

An 422 application for renewal of the license is due on the fifteenth 423 day of September of the renewal year.

A late application may be 424 submitted before the license lapses.

If a license is not renewed 425 or classified as inactive, the license lapses on the first day 426 of November of the renewal year.

438 (2) The board shall provide an application for renewal to 439 every holder of an active license or certificate, except when 440 the board is aware that an individual is ineligible for license 441 or certificate renewal for any reason, including pending 442 criminal charges in this state or another jurisdiction, failure 443 to comply with a disciplinary order from the board or the terms 444 of a consent agreement entered into with the board, failure to 445 pay fines or fees owed to the board, or failure to provide on 446 the board's request documentation of having completed the 447 continuing nursing education requirements specified in division 448 (C)Sub. of this section.

449 If the board provides a renewal application by mail, the 450 application shall be addressed to the last known post-office 451 address of the license or certificate holder and mailed before 452 the date the application is due.

Failure of the license or 453 certificate holder to receive an application for renewal from 454 the board shall not excuse the holder from the requirements 455 Sub.

437 Page 17 As ReportedPassed by the House Health(C) Committeeof contained in this section,section. except as provided in section 5903.10 456 of the Revised Code.

449 If the board provides a renewal application by mail, the 450 application shall be addressed to the last known post-office 451 address of the license or certificate holder and mailed before 452 the date the application is due.

Failure of the license or 453 certificate holder to receive an application for renewal from 454 the board shall not excuse the holder from the requirements 455 contained in this section, except as provided in section 5903.10 456 of the Revised Code.

If 477 theSub. applicant meets the requirements, the board shall renew the 478 license or certificate.

479 (B) Every license or certificate holder shall give written 480 notice to the board of any change of name or address within 481 thirty days of the change.

The board shall require the holder to 482 document a change of name in a manner acceptable to the board.

483 (C)(1) Except in the case of a first renewal after 484 Sub.

437 Page 18 As ReportedPassed by the House Healththe Committeeapplicant licensuremeets bythe examination,requirements, tothe beboard eligibleshall forrenew renewalthe of478 an 485 active license to practice nursing as a registered nurse or 486certificate. licensed practical nurse, each individual who holds an active 487 license shall, in each two-year period specified by the board, 488 complete continuing nursing education as follows:

479 (B) Every license or certificate holder shall give written 480 notice to the board of any change of name or address within 481 thirty days of the change.

The board shall require the holder to 482 document a change of name in a manner acceptable to the board.

483 (C)(1) Except in the case of a first renewal after 484 licensure by examination, to be eligible for renewal of an 485 active license to practice nursing as a registered nurse or 486 licensed practical nurse, each individual who holds an active 487 license shall, in each two-year period specified by the board, 488 complete continuing nursing education as follows:

505 (a) For renewal of a license that was issued for a two- 506 yearSub. renewal period, twenty-four hours of continuing nursing 507 education;

508 (b) For renewal of a license that was issued for less than 509 a two-year renewal period, the number of hours of continuing 510 nursing education specified by the board in rules adopted in 511 accordance with Chapter 119.

of the Revised Code, including the 512 number of hours of continuing education in advanced 513 Sub.

437 Page 19 As ReportedPassed by the House Healthyear Committeerenewal pharmacology;period, twenty-four hours of continuing nursing 507 education;

508 (b) For renewal of a license that was issued for less than 509 a two-year renewal period, the number of hours of continuing 510 nursing education specified by the board in rules adopted in 511 accordance with Chapter 119.

of the Revised Code, including the 512 number of hours of continuing education in advanced 513 pharmacology;

532 (4) An educational activity may be applied toward meeting 533 the continuing nursing education requirement only if it is 534 obtained through a program or course approved by the board or a 535 personSub. the board has authorized to approve continuing nursing 536 education programs and courses.

537 (5) The continuing education required of a certified 538 registered nurse anesthetist, clinical nurse specialist, 539 certified nurse-midwife, or certified nurse practitioner to 540 maintain certification by a national certifying organization 541 shall be applied toward the continuing education requirements 542 Sub.

437 Page 20 As ReportedPassed by the House Health Committee for renewal of the following if the continuing education is 543 obtained through a program or course approved by the board or a 544 person the board has authorized to approve continuing nursing 545536 education programs and courses:courses.

537 (5) The continuing education required of a certified 538 registered nurse anesthetist, clinical nurse specialist, 539 certified nurse-midwife, or certified nurse practitioner to 540 maintain certification by a national certifying organization 541 shall be applied toward the continuing education requirements 542 for renewal of the following if the continuing education is 543 obtained through a program or course approved by the board or a 544 person the board has authorized to approve continuing nursing 545 education programs and courses:

559 The holder of an inactive license to practice nursing as a 560 registered nurse or licensed practical nurse or an individual 561 who has failed to renew the individual's license to practice 562 nursing as a registered nurse or licensed practical nurse may 563 have the license reactivated or reinstated upon doing the 564 following,Sub. as applicable to the holder or individual:

565 (1) Applying to the board for license reactivation or 566 reinstatement on forms provided by the board;

567 (2) Meeting the requirements for reactivating or 568 reinstating licenses established in rules adopted under section 569 4723.07 of the Revised Code or, if the individual did not renew 570 because of service in the armed forces of the United States or a 571 Sub.

437 Page 21 As ReportedPassed by the House Healthfollowing, Committeeas reserveapplicable componentto of the armedholder forces of the United States, 572 including the Ohio national guard or theindividual: national guard of any 573 other state, as provided in section 5903.10 of the Revised Code;

565 (1) Applying to the board for license reactivation or 566 reinstatement on forms provided by the board;

567 (2) Meeting the requirements for reactivating or 568 reinstating licenses established in rules adopted under section 569 4723.07 of the Revised Code or, if the individual did not renew 570 because of service in the armed forces of the United States or a 571 reserve component of the armed forces of the United States, 572 including the Ohio national guard or the national guard of any 573 other state, as provided in section 5903.10 of the Revised Code;

591 The holder of an inactive license to practice nursing as 592 an advanced practice registered nurse or an individual who has 593 failedSub. to renew the individual's license to practice nursing as 594 an advanced practice registered nurse may have the license 595 reactivated or reinstated upon doing the following, as 596 applicable to the holder or individual:

597 (1) Applying to the board for license reactivation or 598 reinstatement on forms provided by the board;

599 (2) Meeting the requirements for reactivating or 600 Sub.

437 Page 22 As ReportedPassed by the House Healthfailed Committeeto reinstatingrenew licenses established in rules adopted under section 601 4723.07 of the Revisedindividual's Codelicense or,to ifpractice thenursing individualas did594 notan renewadvanced 602practice becauseregistered ofnurse servicemay inhave the armedlicense forces595 ofreactivated the United States or areinstated 603upon reservedoing component of the armedfollowing, forcesas of596 theapplicable Unitedto States, 604 including the Ohioholder national guard or theindividual: national guard of any 605 other state, as provided in section 5903.10 of the Revised Code.

597 (1) Applying to the board for license reactivation or 598 reinstatement on forms provided by the board;

599 (2) Meeting the requirements for reactivating or 600 reinstating licenses established in rules adopted under section 601 4723.07 of the Revised Code or, if the individual did not renew 602 because of service in the armed forces of the United States or a 603 reserve component of the armed forces of the United States, 604 including the Ohio national guard or the national guard of any 605 other state, as provided in section 5903.10 of the Revised Code.

reprimand or 623 otherwiseSub. discipline a holder of a nursing license or dialysis 624 technician certificate;

or impose a fine of not more than five 625 hundred dollars per violation.

The sanctions may be imposed for 626 any of the following:

627 (1) Denial, revocation, suspension, or restriction of 628 authority to engage in a licensed profession or practice a 629 health care occupation, including nursing or practice as a 630 Sub.

437 Page 23 As ReportedPassed by the House Healthotherwise Committeediscipline dialysisa technician,holder forof any reason other than a failurenursing tolicense 631 renew, in Ohio or anotherdialysis state624 ortechnician jurisdiction;certificate;

or impose a fine of not more than five 625 hundred dollars per violation.

The sanctions may be imposed for 626 any of the following:

627 (1) Denial, revocation, suspension, or restriction of 628 authority to engage in a licensed profession or practice a 629 health care occupation, including nursing or practice as a 630 dialysis technician, for any reason other than a failure to 631 renew, in Ohio or another state or jurisdiction;

or conviction of, a plea of guilty to, a 652 judicialSub. finding of guilt of, a judicial finding of guilt 653 resulting from a plea of no contest to, or a judicial finding of 654 eligibility for a pretrial diversion or similar program or for 655 intervention in lieu of conviction for, violating any municipal, 656 state, county, or federal drug law;

657 (6) Conviction of, a plea of guilty to, a judicial finding 658 of guilt of, a judicial finding of guilt resulting from a plea 659 Sub.

437 Page 24 As ReportedPassed by the House Healthjudicial Committeefinding of guilt of, a judicial finding of guilt 653 resulting from a plea of no contest to, or a judicial finding of 654 eligibility for a 660 pretrial diversion or similar program or for 655 intervention in 661 lieu of conviction for, anviolating actany inmunicipal, another656 jurisdictionstate, thatcounty, 662 would constitute a felony or afederal crimedrug oflaw; moral turpitude in Ohio;

657 (6) Conviction of, a plea of guilty to, a judicial finding 658 of guilt of, a judicial finding of guilt resulting from a plea 659 of no contest to, or a judicial finding of eligibility for a 660 pretrial diversion or similar program or for intervention in 661 lieu of conviction for, an act in another jurisdiction that 662 would constitute a felony or a crime of moral turpitude in Ohio;

680 (10) Impairment of the ability to practice according to 681 acceptableSub. and prevailing standards of safe nursing care or safe 682 dialysis care because of the use of drugs, alcohol, or other 683 chemical substances;

684 (11) Impairment of the ability to practice according to 685 acceptable and prevailing standards of safe nursing care or safe 686 dialysis care because of a physical or mental disability;

687 (12) Assaulting or causing harm to a patient or depriving 688 Sub.

437 Page 25 As ReportedPassed by the House Healthacceptable Committeeand aprevailing patientstandards of safe nursing care or safe 682 dialysis care because of the meansuse toof summondrugs, assistance;alcohol, or other 683 chemical substances;

684 (11) Impairment of the ability to practice according to 685 acceptable and prevailing standards of safe nursing care or safe 686 dialysis care because of a physical or mental disability;

687 (12) Assaulting or causing harm to a patient or depriving 688 a patient of the means to summon assistance;

709 (20)Sub. In the case of a registered nurse, engaging in 710 activities that exceed the practice of nursing as a registered 711 nurse;

712 (21) In the case of a licensed practical nurse, engaging 713 in activities that exceed the practice of nursing as a licensed 714 practical nurse;

715 Sub.

437 Page 26 As ReportedPassed by the House Health(20) Committee (22) In the case of a dialysisregistered technician,nurse, engaging in 716710 activities that exceed thosethe permittedpractice underof sectionnursing 4723.72as ofa 717registered the711 Revisednurse; Code;

712 (21) In the case of a licensed practical nurse, engaging 713 in activities that exceed the practice of nursing as a licensed 714 practical nurse;

715 (22) In the case of a dialysis technician, engaging in 716 activities that exceed those permitted under section 4723.72 of 717 the Revised Code;

738 (26)Sub. Failure to comply with the terms and conditions 739 required under the practice intervention and improvement program 740 established under section 4723.282 of the Revised Code;

741 (27) In the case of an advanced practice registered nurse:

742 (a) Engaging in activities that exceed those permitted for 743 Sub.

437 Page 27 As ReportedPassed by the House Health(26) CommitteeFailure to comply with the nurse'sterms nursingand specialtyconditions 739 required under the practice intervention and improvement program 740 established under section 4723.434723.282 of the 744 Revised Code;

741 (27) In the case of an advanced practice registered nurse:

742 (a) Engaging in activities that exceed those permitted for 743 the nurse's nursing specialty under section 4723.43 of the 744 Revised Code;

766 (a)Sub. Sexual contact, as defined in section 2907.01 of the 767 Revised Code;

768 (b) Verbal behavior that is sexually demeaning to the 769 patient or may be reasonably interpreted by the patient as 770 sexually demeaning.

771 Sub.

437 Page 28 As ReportedPassed by the House Health(a) CommitteeSexual (33)contact, Assisting suicide, as defined in section 3795.012907.01 of 772 the 767 Revised Code;

768 (b) Verbal behavior that is sexually demeaning to the 769 patient or may be reasonably interpreted by the patient as 770 sexually demeaning.

771 (33) Assisting suicide, as defined in section 3795.01 of 772 the Revised Code;

793 (39) Failure to cooperate with an investigation conducted 794 by the board under this chapter, including failure to comply 795 with a subpoena or order issued by the board or failure to 796 answer truthfully a question presented by the board in an 797 investigative interview, in an investigative office conference, 798 at a deposition, or in written interrogatories, except that 799 failure to cooperate with an investigation does not constitute 800 Sub.

437 Page 29 As ReportedPassed by the House Healthby Committeethe board under this chapter, including failure to comply 795 with a subpoena or order issued by the board or failure to 796 answer truthfully a question presented by the board in an 797 investigative interview, in an investigative office conference, 798 at a deposition, or in written interrogatories, except that 799 failure to cooperate with an investigation does not constitute 800 grounds for discipline if a court of competent jurisdiction has 801 issued an order that either quashes a subpoena or permits the 802 individual to withhold testimony or evidence at issue;

823 In any instance in which the board is required under 824 ChapterSub. 119.

of the Revised Code to give notice of an 825 opportunity for a hearing and the applicant, licensee, or 826 certificate holder does not make a timely request for a hearing 827 in accordance with section 119.07 of the Revised Code, the board 828 is not required to hold a hearing, but may adopt, by a vote of a 829 quorum, a final order that contains the board's findings.

In the 830 Sub.

437 Page 30 As ReportedPassed by the House HealthChapter Committee119. final order, the board may order any of the sanctions listed in 831 division (A) or (B) of this section.

of the Revised Code to give notice of an 825 opportunity for a hearing and the applicant, licensee, or 826 certificate holder does not make a timely request for a hearing 827 in accordance with section 119.07 of the Revised Code, the board 828 is not required to hold a hearing, but may adopt, by a vote of a 829 quorum, a final order that contains the board's findings.

In the 830 final order, the board may order any of the sanctions listed in 831 division (A) or (B) of this section.

If the board determines that the decision on appeal 855 wasSub. a decision on the merits, it shall permanently rescind its 856 action.

If the board determines that the decision on appeal was 857 not a decision on the merits, it shall conduct an adjudication 858 to determine whether the registered nurse, licensed practical 859 nurse, or dialysis technician committed the act on which the 860 original conviction, plea, or judicial finding was based.

If the 861 Sub.

437 Page 31 As ReportedPassed by the House Healthwas Committeea boarddecision determines on the basismerits, ofit the adjudication that the 862 registered nurse, licensed practical nurse, or dialysis 863 technician committed such act, or if the registered nurse, 864 licensed practical nurse, or dialysis technician does not 865 request an adjudication, the board shall reinstatepermanently rescind its action;856 action.

If the board determines that the decision on appeal was 857 not a decision on the merits, it shall conduct an adjudication 858 to determine whether the registered nurse, licensed practical 859 nurse, or dialysis technician committed the act on which the 860 original conviction, plea, or judicial finding was based.

If the 861 board determines on the basis of the adjudication that the 862 registered nurse, licensed practical nurse, or dialysis 863 technician committed such act, or if the registered nurse, 864 licensed practical nurse, or dialysis technician does not 865 request an adjudication, the board shall reinstate its action;

As part 884 of such investigation, the board may order the individual to 885 submit,Sub. at the individual's expense, a request to the bureau of 886 criminal identification and investigation for a criminal records 887 check and check of federal bureau of investigation records 888 pursuant to section 4723.091 of the Revised Code.

889 (G) During the course of an investigation conducted under 890 this section, the board may compel any registered nurse, 891 Sub.

437 Page 32 As ReportedPassed by the House Healthsubmit, Committeeat licensedthe practicalindividual's nurse,expense, ora dialysisrequest technicianto orthe applicantbureau 892of under886 thiscriminal chapteridentification toand submitinvestigation tofor a mentalcriminal orrecords physical887 893check examination, or both, as required by the board and atcheck theof 894federal expensebureau of theinvestigation individual,records if888 thepursuant board finds reason to believesection 8954723.091 thatof the individualRevised underCode. investigation may have a physical or 896 mental impairment that may affect the individual's ability to 897 provide safe nursing or dialysis care.

889 (G) During the course of an investigation conducted under 890 this section, the board may compel any registered nurse, 891 licensed practical nurse, or dialysis technician or applicant 892 under this chapter to submit to a mental or physical 893 examination, or both, as required by the board and at the 894 expense of the individual, if the board finds reason to believe 895 that the individual under investigation may have a physical or 896 mental impairment that may affect the individual's ability to 897 provide safe nursing or dialysis care.

The individual shall be afforded an 913 opportunity to demonstrate to the board that the individual can 914 begin or resume the individual's occupation in compliance with 915 acceptableSub. and prevailing standards of care under the provisions 916 of the individual's authority to practice.

917 For purposes of this division, any registered nurse, 918 licensed practical nurse, or dialysis technician or applicant 919 under this chapter shall be deemed to have given consent to 920 submit to a mental or physical examination when directed to do 921 Sub.

437 Page 33 As ReportedPassed by the House Healthacceptable Committee so in writing by the board, and toprevailing havestandards waivedof allcare objectionsunder to 922 the admissibilityprovisions 916 of testimonythe orindividual's examinationauthority reportsto thatpractice. 923 constitute a privileged communication.

917 For purposes of this division, any registered nurse, 918 licensed practical nurse, or dialysis technician or applicant 919 under this chapter shall be deemed to have given consent to 920 submit to a mental or physical examination when directed to do 921 so in writing by the board, and to have waived all objections to 922 the admissibility of testimony or examination reports that 923 constitute a privileged communication.

No law enforcement officer or government entity with 944 knowledge of any information disclosed by the board pursuant to 945 thisSub. division shall divulge the information to any other person 946 or government entity except for the purpose of a government 947 investigation, a prosecution, or an adjudication by a court or 948 government entity.

949 (2) If an investigation requires a review of patient 950 records, the investigation and proceeding shall be conducted in 951 Sub.

437 Page 34 As ReportedPassed by the House Healththis Committeedivision suchshall adivulge mannerthe asinformation to protectany patientother confidentiality.person 946 or government entity except for the purpose of a government 947 investigation, a prosecution, or an adjudication by a court or 948 government entity.

949 (2) If an investigation requires a review of patient 950 records, the investigation and proceeding shall be conducted in 951 such a manner as to protect patient confidentiality.

An individual subject to 973 permanent action taken by the board is forever ineligible to 974 holdSub. a license or certificate of the type that was refused or 975 revoked and the board shall not accept from the individual an 976 application for reinstatement of the license or certificate or 977 for a new license or certificate.

978 (L) No unilateral surrender of a nursing license or 979 dialysis technician certificate issued under this chapter shall 980 Sub.

437 Page 35 As ReportedPassed by the House Healthhold Committeea belicense effectiveor unlesscertificate acceptedof bythe majoritytype votethat was refused or 975 revoked and the board shall not accept from the individual an 976 application for reinstatement of the board.license or certificate or 977 for a new license or certificate.

978 (L) No unilateral surrender of a nursing license or 979 dialysis technician certificate issued under this chapter shall 980 be effective unless accepted by majority vote of the board.

Beginning one year after the effective date 1000 of this section, a certified nurse practitioner or clinical 1001 nurse specialist who performs annual physical examinations on 1002 individuals who are nineteen years of age or younger, or who 1003 performsSub. examinations for purposes of division (E) of section 1004 3313.5310 of the Revised Code, shall do all of the following:

1005 (A) For each such examination, complete the 1006 preparticipation physical evaluation form created pursuant to 1007 division (D) of section 3707.59 of the Revised Code;

1008 (B) At least once every four years, complete the childhood 1009 Sub.

437 Page 36 As ReportedPassed by the House Healthperforms Committeeexaminations cardiacfor screeningpurposes professionalof developmentdivision module(E) establishedof 1010 under section 3707.5911004 3313.5310 of the Revised Code.Code, shall do all of the following:

1005 (A) For each such examination, complete the 1006 preparticipation physical evaluation form created pursuant to 1007 division (D) of section 3707.59 of the Revised Code;

1008 (B) At least once every four years, complete the childhood 1009 cardiac screening professional development module established 1010 under section 3707.591 of the Revised Code.

1031 Applications shall be submitted to the board in a manner 1032 prescribedSub. by the board.

Each renewal application shall be 1033 include a check box for a physician assistant who is subject to 1034 section 4730.46 of the Revised Code to certify compliance with 1035 divisions (B) and (C) of that section.

1036 Each application shall be accompanied by a biennial 1037 renewal fee of two hundred dollars.

The board shall deposit the 1038 Sub.

437 Page 37 As ReportedPassed by the House Healthprescribed Committeeby fees in accordance with section 4731.24 of the Revisedboard. Code.

Each renewal application shall be 1033 include a check box for a physician assistant who is subject to 1034 section 4730.46 of the Revised Code to certify compliance with 1035 divisions (B) and (C) of that section.

1036 Each application shall be accompanied by a biennial 1037 renewal fee of two hundred dollars.

The board shall deposit the 1038 fees in accordance with section 4731.24 of the Revised Code.

1060 (3) The applicant must comply with the renewal eligibility 1061 requirementsSub. established under section 4730.49 of the Revised 1062 Code that pertain to the applicant.

1063 (C) If an applicant submits a complete renewal application 1064 and qualifies for renewal pursuant to division (B) of this 1065 section, the board shall issue to the applicant a renewed 1066 license to practice as a physician assistant.

1067 Sub.

437 Page 38 As ReportedPassed by the House Healthrequirements Committeeestablished (D)under Thesection board4730.49 mayof requirethe aRevised random1062 sampleCode ofthat physicianpertain 1068 assistants to submit materials documenting both of the 1069applicant. following:

1063 (C) If an applicant submits a complete renewal application 1064 and qualifies for renewal pursuant to division (B) of this 1065 section, the board shall issue to the applicant a renewed 1066 license to practice as a physician assistant.

1067 (D) The board may require a random sample of physician 1068 assistants to submit materials documenting both of the 1069 following:

1089 IfSub. a license has been suspended pursuant to division (E) 1090 of this section for more than two years, it may be restored.

In 1091 accordance with section 4730.28 of the Revised Code, the board 1092 may restore a license suspended for failure to renew upon an 1093 applicant's submission of a restoration application, the 1094 biennial renewal fee, and any applicable monetary penalty and 1095 compliance with sections 4776.01 to 4776.04 of the Revised Code.

1096 Sub.

437 Page 39 As ReportedPassed by the House HealthIf Committee The board shall not restore to an applicant a license tohas 1097been practicesuspended aspursuant ato physiciandivision assistant(E) unless1090 the board, in its 1098 discretion, decides that the results of thethis criminalsection records 1099 check do not make the applicant ineligible for amore licensethan issuedtwo 1100years, pursuantit tomay sectionbe 4730.12restored. of the Revised Code.

In 1091 accordance with section 4730.28 of the Revised Code, the board 1092 may restore a license suspended for failure to renew upon an 1093 applicant's submission of a restoration application, the 1094 biennial renewal fee, and any applicable monetary penalty and 1095 compliance with sections 4776.01 to 4776.04 of the Revised Code.

1096 The board shall not restore to an applicant a license to 1097 practice as a physician assistant unless the board, in its 1098 discretion, decides that the results of the criminal records 1099 check do not make the applicant ineligible for a license issued 1100 pursuant to section 4730.12 of the Revised Code.

1117 (2) The board's finding in any disciplinary action taken 1118 underSub. division (G)(1)(a) of this section shall be made pursuant 1119 to an adjudication under Chapter 119.

of the Revised Code and by 1120 an affirmative vote of not fewer than six of its members.

1121 (3) A civil penalty imposed under division (G)(1)(a) of 1122 this section or paid under division (G)(1)(b) of this section 1123 shall be in an amount specified by the board of not more than 1124 five thousand dollars.

The board shall deposit civil penalties 1125 Sub.

437 Page 40 As ReportedPassed by the House Healthunder Committeedivision in(G)(1)(a) accordanceof withthis section 4731.24shall ofbe themade Revisedpursuant Code.1119 to an adjudication under Chapter 119.

of the Revised Code and by 1120 an affirmative vote of not fewer than six of its members.

1121 (3) A civil penalty imposed under division (G)(1)(a) of 1122 this section or paid under division (G)(1)(b) of this section 1123 shall be in an amount specified by the board of not more than 1124 five thousand dollars.

The board shall deposit civil penalties 1125 in accordance with section 4731.24 of the Revised Code.

of the Revised Code, or any rules adopted 1147 bySub. the board;

1148 (3) Violating or attempting to violate, directly or 1149 indirectly, or assisting in or abetting the violation of, or 1150 conspiring to violate, any provision of this chapter, Chapter 1151 4731.

of the Revised Code, or the rules adopted by the board;

1152 (4) Inability to practice according to acceptable and 1153 prevailing standards of care by reason of mental illness or 1154 Sub.

437 Page 41 As ReportedPassed by the House Healthby Committeethe physicalboard; illness, including physical deterioration that 1155 adversely affects cognitive, motor, or perceptive skills;

1148 (3) Violating or attempting to violate, directly or 1149 indirectly, or assisting in or abetting the violation of, or 1150 conspiring to violate, any provision of this chapter, Chapter 1151 4731.

of the Revised Code, or the rules adopted by the board;

1152 (4) Inability to practice according to acceptable and 1153 prevailing standards of care by reason of mental illness or 1154 physical illness, including physical deterioration that 1155 adversely affects cognitive, motor, or perceptive skills;

1170 As used in this division, "false, fraudulent, deceptive, 1171 or misleading statement" means a statement that includes a 1172 misrepresentation of fact, is likely to mislead or deceive 1173 because of a failure to disclose material facts, is intended or 1174 is likely to create false or unjustified expectations of 1175 favorable results, or includes representations or implications 1176 thatSub. in reasonable probability will cause an ordinarily prudent 1177 person to misunderstand or be deceived.

1178 (9) Representing, with the purpose of obtaining 1179 compensation or other advantage personally or for any other 1180 person, that an incurable disease or injury, or other incurable 1181 condition, can be permanently cured;

1182 (10) The obtaining of, or attempting to obtain, money or 1183 Sub.

437 Page 42 As ReportedPassed by the House Healththat Committeein anythingreasonable ofprobability valuewill bycause fraudulentan misrepresentationsordinarily inprudent the1177 courseperson 1184to ofmisunderstand practice;or be deceived.

1178 (9) Representing, with the purpose of obtaining 1179 compensation or other advantage personally or for any other 1180 person, that an incurable disease or injury, or other incurable 1181 condition, can be permanently cured;

1182 (10) The obtaining of, or attempting to obtain, money or 1183 anything of value by fraudulent misrepresentations in the course 1184 of practice;

1204 (17)Sub. A plea of guilty to, a judicial finding of guilt of, 1205 or a judicial finding of eligibility for intervention in lieu of 1206 conviction for violating any state or federal law regulating the 1207 possession, distribution, or use of any drug, including 1208 trafficking in drugs;

1209 (18) Any of the following actions taken by the state 1210 agency responsible for regulating the practice of physician 1211 Sub.

437 Page 43 As ReportedPassed by the House Health(17) CommitteeA assistantsplea of guilty to, a judicial finding of guilt of, 1205 or a judicial finding of eligibility for intervention in anotherlieu state,of 1206 conviction for violating any reasonstate otheror thanfederal law regulating the 12121207 nonpaymentpossession, distribution, or use of fees:any drug, including 1208 trafficking in drugs;

1209 (18) Any of the following actions taken by the state 1210 agency responsible for regulating the practice of physician 1211 assistants in another state, for any reason other than the 1212 nonpayment of fees:

1226 (22) Failure to cooperate in an investigation conducted by 1227 the board under section 4730.26 of the Revised Code, including 1228 failure to comply with a subpoena or order issued by the board 1229 or failure to answer truthfully a question presented by the 1230 board at a deposition or in written interrogatories, except that 1231 failure to cooperate with an investigation shall not constitute 1232 grounds for discipline under this section if a court of 1233 competentSub. jurisdiction has issued an order that either quashes a 1234 subpoena or permits the individual to withhold the testimony or 1235 evidence in issue;

1236 (23) Assisting suicide, as defined in section 3795.01 of 1237 the Revised Code;

1238 (24) Prescribing any drug or device to perform or induce 1239 an abortion, or otherwise performing or inducing an abortion;

1240 Sub.

437 Page 44 As ReportedPassed by the House Healthcompetent Committeejurisdiction (25)has Failureissued toan complyorder withthat sectioneither 4730.53quashes ofa the1234 Revisedsubpoena 1241or Code,permits unless the boardindividual noto longerwithhold maintainsthe atestimony drugor database1235 1242evidence pursuantin toissue; section 4729.75 of the Revised Code;

1236 (23) Assisting suicide, as defined in section 3795.01 of 1237 the Revised Code;

1238 (24) Prescribing any drug or device to perform or induce 1239 an abortion, or otherwise performing or inducing an abortion;

1240 (25) Failure to comply with section 4730.53 of the Revised 1241 Code, unless the board no longer maintains a drug database 1242 pursuant to section 4729.75 of the Revised Code;

1260 (31) Failure to comply with division (B) or (C) of section 1261 4730.46Sub. of the Revised Code.

1262 (C) Disciplinary actions taken by the board under 1263 divisions (A) and (B) of this section shall be taken pursuant to 1264 an adjudication under Chapter 119.

of the Revised Code, except 1265 that in lieu of an adjudication, the board may enter into a 1266 consent agreement with a physician assistant or applicant to 1267 resolve an allegation of a violation of this chapter or any rule 1268 adopted under it.

A consent agreement, when ratified by an 1269 Sub.

437 Page 45 As ReportedPassed by the House Health4730.46 Committee affirmative vote of not fewer than six members of the board,Revised 1270Code. shall constitute the findings and order of the board with 1271 respect to the matter addressed in the agreement.

1262 (C) Disciplinary actions taken by the board under 1263 divisions (A) and (B) of this section shall be taken pursuant to 1264 an adjudication under Chapter 119.

of the Revised Code, except 1265 that in lieu of an adjudication, the board may enter into a 1266 consent agreement with a physician assistant or applicant to 1267 resolve an allegation of a violation of this chapter or any rule 1268 adopted under it.

A consent agreement, when ratified by an 1269 affirmative vote of not fewer than six members of the board, 1270 shall constitute the findings and order of the board with 1271 respect to the matter addressed in the agreement.

1286 (E) The sealing or expungement of conviction records by 1287 any court shall have no effect upon a prior board order entered 1288 under the provisions of this section or upon the board's 1289 jurisdiction to take action under the provisions of this section 1290 if, based upon a plea of guilty, a judicial finding of guilt, or 1291 aSub. judicial finding of eligibility for intervention in lieu of 1292 conviction, the board issued a notice of opportunity for a 1293 hearing prior to the court's order to seal or expunge the 1294 records.

The board shall not be required to seal, destroy, 1295 redact, or otherwise modify its records to reflect the court's 1296 sealing or expungement of conviction records.

1297 (F) For purposes of this division, any individual who 1298 holds a license issued under this chapter, or applies for a 1299 Sub.

437 Page 46 As ReportedPassed by the House Healtha Committeejudicial licensefinding issuedof undereligibility thisfor chapter,intervention shallin belieu deemedof to1292 haveconviction, giventhe 1300board consentissued to submit to a mentalnotice orof physicalopportunity examinationfor whena 13011293 directedhearing prior to do so in writing by the boardcourt's andorder to haveseal waivedor allexpunge 1302 objections to the admissibility1294 ofrecords. testimony or examination 1303 reports that constitute a privileged communication.

The board shall not be required to seal, destroy, 1295 redact, or otherwise modify its records to reflect the court's 1296 sealing or expungement of conviction records.

1297 (F) For purposes of this division, any individual who 1298 holds a license issued under this chapter, or applies for a 1299 license issued under this chapter, shall be deemed to have given 1300 consent to submit to a mental or physical examination when 1301 directed to do so in writing by the board and to have waived all 1302 objections to the admissibility of testimony or examination 1303 reports that constitute a privileged communication.

If the board finds a physician 1320 assistant unable to practice because of the reasons set forth in 1321 division (B)(4) of this section, the board shall require the 1322 physicianSub. assistant to submit to care, counseling, or treatment 1323 by physicians approved or designated by the board, as a 1324 condition for an initial, continued, reinstated, or renewed 1325 license.

An individual affected under this division shall be 1326 afforded an opportunity to demonstrate to the board the ability 1327 to resume practicing in compliance with acceptable and 1328 prevailing standards of care.

1329 (2) For purposes of division (B)(5) of this section, if 1330 Sub.

437 Page 47 As ReportedPassed by the House Healthphysician Committeeassistant theto boardsubmit has reason to believecare, thatcounseling, anyor individualtreatment who1323 holdsby aphysicians 1331approved license issued under this chapter or anydesignated applicantby for a license 1332 suffers such impairment, the boardboard, shallas refera the1324 individualcondition tofor 1333an theinitial, monitoringcontinued, organizationreinstated, thator conductsrenewed the1325 confidentiallicense. 1334 monitoring program established under section 4731.25 of the 1335 Revised Code.

An individual affected under this division shall be 1326 afforded an opportunity to demonstrate to the board the ability 1327 to resume practicing in compliance with acceptable and 1328 prevailing standards of care.

1329 (2) For purposes of division (B)(5) of this section, if 1330 the board has reason to believe that any individual who holds a 1331 license issued under this chapter or any applicant for a license 1332 suffers such impairment, the board shall refer the individual to 1333 the monitoring organization that conducts the confidential 1334 monitoring program established under section 4731.25 of the 1335 Revised Code.

1353 BeforeSub. being eligible to apply for reinstatement of a 1354 license suspended under this division, the physician assistant 1355 shall demonstrate to the board the ability to resume practice or 1356 prescribing in compliance with acceptable and prevailing 1357 standards of care.

The demonstration shall include the 1358 following:

1359 (a) Certification from a treatment provider approved under 1360 Sub.

437 Page 48 As ReportedPassed by the House HealthBefore Committeebeing sectioneligible 4731.251to apply for reinstatement of a 1354 license suspended under this division, the Revisedphysician Codeassistant that1355 shall demonstrate to the individualboard hasthe 1361ability successfullyto completedresume anypractice requiredor inpatient1356 treatment;prescribing in compliance with acceptable and prevailing 1357 standards of care.

The demonstration shall include the 1358 following:

1359 (a) Certification from a treatment provider approved under 1360 section 4731.251 of the Revised Code that the individual has 1361 successfully completed any required inpatient treatment;

The monitoring shall include compliance 1377 with the written consent agreement entered into before 1378 reinstatement or with conditions imposed by board order after a 1379 hearing, and, upon termination of the consent agreement, 1380 submission to the board for at least two years of annual written 1381 progress reports made under penalty of falsification stating 1382 whetherSub. the physician assistant has maintained sobriety.

1383 (G)(1) If either of the following circumstances occur, the 1384 secretary and supervising member may recommend that the board 1385 suspend the individual's license without a prior hearing:

1386 (a) The secretary and supervising member determine that 1387 there is clear and convincing evidence that a physician 1388 assistant has violated division (B) of this section and that the 1389 Sub.

437 Page 49 As ReportedPassed by the House Healthwhether Committeethe individual'sphysician continuedassistant practicehas ormaintained prescribingsobriety. presents a danger 1390 of immediate and serious harm to the public.

1383 (G)(1) If either of the following circumstances occur, the 1384 secretary and supervising member may recommend that the board 1385 suspend the individual's license without a prior hearing:

1386 (a) The secretary and supervising member determine that 1387 there is clear and convincing evidence that a physician 1388 assistant has violated division (B) of this section and that the 1389 individual's continued practice or prescribing presents a danger 1390 of immediate and serious harm to the public.

1407 If the physician assistant requests an adjudicatory hearing by 1408 the board, the date set for the hearing shall be within fifteen 1409 days, but not earlier than seven days, after the physician 1410 assistant requests the hearing, unless otherwise agreed to by 1411 bothSub. the board and the license holder.

1412 (3) A summary suspension imposed under division (G)(2) of 1413 this section is not a final appealable order and is not an 1414 adjudication that may be appealed under section 119.12 of the 1415 Revised Code.

The summary suspension shall remain in effect 1416 until a final adjudicative order issued by the board pursuant to 1417 this section and Chapter 119.

of the Revised Code becomes 1418 Sub.

437 Page 50 As ReportedPassed by the House Healthboth Committeethe effective.board and the license holder.

1412 (3) A summary suspension imposed under division (G)(2) of 1413 this section is not a final appealable order and is not an 1414 adjudication that may be appealed under section 119.12 of the 1415 Revised Code.

The summary suspension shall remain in effect 1416 until a final adjudicative order issued by the board pursuant to 1417 this section and Chapter 119.

of the Revised Code becomes 1418 effective.

If the board finds, pursuant to an 1440 adjudication held under this division, that the individual 1441 committedSub. the act, or if no hearing is requested, it may order 1442 any of the sanctions identified under division (B) of this 1443 section.

1444 (I) The license to practice issued to a physician 1445 assistant and the physician assistant's practice in this state 1446 are automatically suspended as of the date the physician 1447 assistant pleads guilty to, is found by a judge or jury to be 1448 Sub.

437 Page 51 As ReportedPassed by the House Healthcommitted Committeethe guiltyact, of, or isif subjectno tohearing ais judicialrequested, findingit ofmay eligibilityorder 14491442 forany intervention in lieu of convictionthe insanctions thisidentified stateunder ordivision 1450(B) treatment or intervention in lieu of conviction in another state 1451 for any of the following criminal offenses in this state1443 orsection. a 1452 substantially equivalent criminal offense in another 1453 jurisdiction:

1444 (I) The license to practice issued to a physician 1445 assistant and the physician assistant's practice in this state 1446 are automatically suspended as of the date the physician 1447 assistant pleads guilty to, is found by a judge or jury to be 1448 guilty of, or is subject to a judicial finding of eligibility 1449 for intervention in lieu of conviction in this state or 1450 treatment or intervention in lieu of conviction in another state 1451 for any of the following criminal offenses in this state or a 1452 substantially equivalent criminal offense in another 1453 jurisdiction:

of the Revised Code to give notice of opportunity 1468 for hearing and the individual subject to the notice does not 1469 timely request a hearing in accordance with section 119.07 of 1470 the Revised Code, the board is not required to hold a hearing, 1471 butSub. may adopt, by an affirmative vote of not fewer than six of 1472 its members, a final order that contains the board's findings.

1473 In that final order, the board may order any of the sanctions 1474 identified under division (A) or (B) of this section.

1475 (K) Any action taken by the board under division (B) of 1476 this section resulting in a suspension shall be accompanied by a 1477 written statement of the conditions under which the physician 1478 Sub.

437 Page 52 As ReportedPassed by the House Healthbut Committeemay assistant'sadopt, licenseby mayan beaffirmative reinstated.vote of not fewer than six of 1472 its members, a final order that contains the board's findings.

1473 In that final order, the board may order any of the sanctions 1474 identified under division (A) or (B) of this section.

1475 (K) Any action taken by the board under division (B) of 1476 this section resulting in a suspension shall be accompanied by a 1477 written statement of the conditions under which the physician 1478 assistant's license may be reinstated.

1499 (2) An application made under this chapter for a license 1500 maySub. not be withdrawn without approval of the board.

1501 (3) Failure by an individual to renew a license in 1502 accordance with section 4730.14 of the Revised Code does not 1503 remove or limit the board's jurisdiction to take disciplinary 1504 action under this section against the individual.

1505 (4) The placement of an individual's license on retired 1506 status, as described in section 4730.141 of the Revised Code, 1507 Sub.

437 Page 53 As ReportedPassed by the House Healthmay Committee does not removebe orwithdrawn limitwithout theapproval board'sof jurisdiction to take any 1508 disciplinary action against the individualboard. with regard to the 1509 license as it existed before being placed on retired status.

1501 (3) Failure by an individual to renew a license in 1502 accordance with section 4730.14 of the Revised Code does not 1503 remove or limit the board's jurisdiction to take disciplinary 1504 action under this section against the individual.

1505 (4) The placement of an individual's license on retired 1506 status, as described in section 4730.141 of the Revised Code, 1507 does not remove or limit the board's jurisdiction to take any 1508 disciplinary action against the individual with regard to the 1509 license as it existed before being placed on retired status.

The physician 1528 assistant shall retain on file at the physician assistant's 1529 primarySub. place of practice a hard copy of the certificate of 1530 completion, and shall make it available to the state medical 1531 board on request.

1532 (C) At least once every four years, read the guidelines 1533 and other relevant educational materials developed under 1534 division (B)(1) of section 3707.59 of the Revised Code;

1535 (D) Annually report to the department of health the total 1536 Sub.

437 Page 54 As ReportedPassed by the House Healthprimary Committeeplace number of examinationspractice fora whichhard thecopy preparticipationof physicalthe 1537certificate evaluationof form1530 wascompletion, completed and theshall totalmake numberit ofavailable cardiologyto 1538the referralsstate resultingmedical from1531 thoseboard examinations.on request.

1532 (C) At least once every four years, read the guidelines 1533 and other relevant educational materials developed under 1534 division (B)(1) of section 3707.59 of the Revised Code;

1535 (D) Annually report to the department of health the total 1536 number of examinations for which the preparticipation physical 1537 evaluation form was completed and the total number of cardiology 1538 referrals resulting from those examinations.

1553 (B) Except as provided in division (P) of this section, 1554 the board, by an affirmative vote of not fewer than six members, 1555 shall, to the extent permitted by law, limit, revoke, or suspend 1556 a license or certificate to practice or certificate to 1557 recommend, refuse to issue a license or certificate, refuse to 1558 renew a license or certificate, refuse to reinstate a license or 1559 certificate,Sub. or reprimand or place on probation the holder of a 1560 license or certificate for one or more of the following reasons:

1561 (1) Permitting one's name or one's license or certificate 1562 to practice to be used by a person, group, or corporation when 1563 the individual concerned is not actually directing the treatment 1564 given;

1565 (2) Failure to maintain minimal standards applicable to 1566 Sub.

437 Page 55 As ReportedPassed by the House Healthcertificate, Committee the selection or administrationreprimand of drugs, or failureplace toon employprobation 1567 acceptable scientific methods in the selectionholder of drugsa or1560 otherlicense 1568or modalitiescertificate for treatmentone or more of disease;the following reasons:

1561 (1) Permitting one's name or one's license or certificate 1562 to practice to be used by a person, group, or corporation when 1563 the individual concerned is not actually directing the treatment 1564 given;

1565 (2) Failure to maintain minimal standards applicable to 1566 the selection or administration of drugs, or failure to employ 1567 acceptable scientific methods in the selection of drugs or other 1568 modalities for treatment of disease;

does not include providing any 1587 information, documents, or reports under sections 307.651 to 1588 307.659Sub. of the Revised Code to a domestic violence fatality 1589 review board;

does not include providing any information, 1590 documents, or reports to the director of health pursuant to 1591 guidelines established under section 3701.70 of the Revised 1592 Code;

does not include written notice to a mental health 1593 professional under section 4731.62 of the Revised Code;

does not 1594 include making a report as described in division (F) of section 1595 2921.22 and section 4731.224 of the Revised Code;

and does not 1596 Sub.

437 Page 56 As ReportedPassed by the House Health307.659 Committee include the making of a report of an employee's use of a drug of 1597 abuse, or a report of a condition of an employee other than one 1598 involving the useRevised ofCode a drug of abuse, to thea employerdomestic ofviolence thefatality 15991589 employeereview asboard; described in division (B) of section 2305.33 of the 1600 Revised Code.

does not include providing any information, 1590 documents, or reports to the director of health pursuant to 1591 guidelines established under section 3701.70 of the Revised 1592 Code;

does not include written notice to a mental health 1593 professional under section 4731.62 of the Revised Code;

does not 1594 include making a report as described in division (F) of section 1595 2921.22 and section 4731.224 of the Revised Code;

and does not 1596 include the making of a report of an employee's use of a drug of 1597 abuse, or a report of a condition of an employee other than one 1598 involving the use of a drug of abuse, to the employer of the 1599 employee as described in division (B) of section 2305.33 of the 1600 Revised Code.

1614 As used in this division, "false, fraudulent, deceptive, 1615 or misleading statement" means a statement that includes a 1616 misrepresentation of fact, is likely to mislead or deceive 1617 because of a failure to disclose material facts, is intended or 1618 is likely to create false or unjustified expectations of 1619 favorableSub. results, or includes representations or implications 1620 that in reasonable probability will cause an ordinarily prudent 1621 person to misunderstand or be deceived.

1622 (6) A departure from, or the failure to conform to, 1623 minimal standards of care of similar practitioners under the 1624 same or similar circumstances, whether or not actual injury to a 1625 patient is established;

1626 Sub.

437 Page 57 As ReportedPassed by the House Healthfavorable Committeeresults, (7)or Representing,includes withrepresentations the purpose of obtaining 1627 compensation or otherimplications advantage1620 asthat personalin gainreasonable orprobability forwill anycause 1628an otherordinarily person,prudent that1621 anperson incurableto diseasemisunderstand or injury, or other 1629 incurable condition, can be permanentlydeceived. cured;

1622 (6) A departure from, or the failure to conform to, 1623 minimal standards of care of similar practitioners under the 1624 same or similar circumstances, whether or not actual injury to a 1625 patient is established;

1626 (7) Representing, with the purpose of obtaining 1627 compensation or other advantage as personal gain or for any 1628 other person, that an incurable disease or injury, or other 1629 incurable condition, can be permanently cured;

1646 (13) A plea of guilty to, a judicial finding of guilt of, 1647 orSub. a judicial finding of eligibility for intervention in lieu of 1648 conviction for, a misdemeanor involving moral turpitude;

1649 (14) Commission of an act involving moral turpitude that 1650 constitutes a misdemeanor in this state, regardless of the 1651 jurisdiction in which the act was committed;

1652 (15) Violation of the conditions of limitation placed by 1653 the board upon a license or certificate to practice;

1654 Sub.

437 Page 58 As ReportedPassed by the House Healthor Committeea (16)judicial Failurefinding toof payeligibility licensefor renewalintervention feesin specifiedlieu inof this1648 1655conviction chapter;for, a misdemeanor involving moral turpitude;

1649 (14) Commission of an act involving moral turpitude that 1650 constitutes a misdemeanor in this state, regardless of the 1651 jurisdiction in which the act was committed;

1652 (15) Violation of the conditions of limitation placed by 1653 the board upon a license or certificate to practice;

1654 (16) Failure to pay license renewal fees specified in this 1655 chapter;

1672 For purposes of this division, a "provision of a code of 1673 ethics of a national professional organization" does not include 1674 any provision that would preclude the making of a report by a 1675 physician of an employee's use of a drug of abuse, or of a 1676 conditionSub. of an employee other than one involving the use of a 1677 drug of abuse, to the employer of the employee as described in 1678 division (B) of section 2305.33 of the Revised Code.

Nothing in 1679 this division affects the immunity from civil liability 1680 conferred by that section upon a physician who makes either type 1681 of report in accordance with division (B) of that section.

As 1682 used in this division, "employee," "employer," and "physician" 1683 have the same meanings as in section 2305.33 of the Revised 1684 Sub.

437 Page 59 As ReportedPassed by the House Healthcondition Committeeof an employee other than one involving the use of a 1677 drug of abuse, to the employer of the employee as described in 1678 division (B) of section 2305.33 of the Revised Code.

Nothing in 1679 this division affects the immunity from civil liability 1680 conferred by that section upon a physician who makes either type 1681 of report in accordance with division (B) of that section.

As 1682 used in this division, "employee," "employer," and "physician" 1683 have the same meanings as in section 2305.33 of the Revised 1684 Code.

If the board finds an individual 1706 unable to practice because of the reasons set forth in this 1707 division,Sub. the board shall require the individual to submit to 1708 care, counseling, or treatment by physicians approved or 1709 designated by the board, as a condition for initial, continued, 1710 reinstated, or renewed authority to practice.

An individual 1711 affected under this division shall be afforded an opportunity to 1712 demonstrate to the board the ability to resume practice in 1713 compliance with acceptable and prevailing standards under the 1714 provisions of the individual's license or certificate.

For the 1715 Sub.

437 Page 60 As ReportedPassed by the House Health Committee purpose of this division, any individual who applies for or 1716 receives a license or certificate to practice under this chapter 1717 accepts the privilegeboard of practicing in this state and, by so 1718 doing, shall berequire deemedthe toindividual have given consent to submit to a1708 1719care, mentalcounseling, or physicaltreatment examinationby whenphysicians directedapproved toor do1709 sodesignated in writing 1720 by the board, andas toa havecondition waivedfor allinitial, objectionscontinued, to1710 thereinstated, 1721 admissibility of testimony or examinationrenewed reportsauthority thatto 1722practice. constitute a privileged communication.

An individual 1711 affected under this division shall be afforded an opportunity to 1712 demonstrate to the board the ability to resume practice in 1713 compliance with acceptable and prevailing standards under the 1714 provisions of the individual's license or certificate.

For the 1715 purpose of this division, any individual who applies for or 1716 receives a license or certificate to practice under this chapter 1717 accepts the privilege of practicing in this state and, by so 1718 doing, shall be deemed to have given consent to submit to a 1719 mental or physical examination when directed to do so in writing 1720 by the board, and to have waived all objections to the 1721 admissibility of testimony or examination reports that 1722 constitute a privileged communication.

Nothing in 1738 thisSub. division affects the immunity from civil liability 1739 conferred by that section upon a physician who makes either type 1740 of report in accordance with division (B) of that section.

As 1741 used in this division, "employee," "employer," and "physician" 1742 have the same meanings as in section 2305.33 of the Revised 1743 Code.

1744 (21) The violation of section 3701.79 of the Revised Code 1745 Sub.

437 Page 61 As ReportedPassed by the House Healththis Committeedivision oraffects ofthe anyimmunity abortionfrom rulecivil adoptedliability 1739 conferred by thethat directorsection ofupon healtha 1746physician pursuantwho tomakes sectioneither 3701.341type 1740 of thereport Revisedin Code;accordance with division (B) of that section.

As 1741 used in this division, "employee," "employer," and "physician" 1742 have the same meanings as in section 2305.33 of the Revised 1743 Code.

1744 (21) The violation of section 3701.79 of the Revised Code 1745 or of any abortion rule adopted by the director of health 1746 pursuant to section 3701.341 of the Revised Code;

1766 (24) The revocation, suspension, restriction, reduction, 1767 or termination of clinical privileges by the United States 1768 departmentSub. of defense or department of veterans affairs or the 1769 termination or suspension of a certificate of registration to 1770 prescribe drugs by the drug enforcement administration of the 1771 United States department of justice;

1772 (25) Termination or suspension from participation in the 1773 medicare or medicaid programs by the department of health and 1774 human services or other responsible agency;

1775 Sub.

437 Page 62 As ReportedPassed by the House Healthdepartment Committeeof (26)defense Impairmentor department of abilityveterans toaffairs practiceor accordingthe to1769 1776termination acceptableor andsuspension prevailing standards of carea becausecertificate of substanceregistration 1777to use1770 disorderprescribe ordrugs excessiveby usethe ordrug abuseenforcement administration of drugs,the alcohol,1771 orUnited 1778States otherdepartment substancesof thatjustice; may impair ability to practice.

1772 (25) Termination or suspension from participation in the 1773 medicare or medicaid programs by the department of health and 1774 human services or other responsible agency;

1775 (26) Impairment of ability to practice according to 1776 acceptable and prevailing standards of care because of substance 1777 use disorder or excessive use or abuse of drugs, alcohol, or 1778 other substances that may impair ability to practice.

Any mental or physical 1797 examination required under this division shall be undertaken by 1798 aSub. treatment provider or physician who is qualified to conduct 1799 the examination and who is approved under section 4731.251 of 1800 the Revised Code.

1801 Failure to submit to a mental or physical examination 1802 ordered by the board constitutes an admission of the allegations 1803 against the individual unless the failure is due to 1804 circumstances beyond the individual's control, and a default and 1805 Sub.

437 Page 63 As ReportedPassed by the House Healtha Committeetreatment finalprovider orderor mayphysician bewho enteredis withoutqualified to conduct 1799 the takingexamination ofand testimonywho oris 1806approved presentationunder section 4731.251 of evidence.1800 the Revised Code.

1801 Failure to submit to a mental or physical examination 1802 ordered by the board constitutes an admission of the allegations 1803 against the individual unless the failure is due to 1804 circumstances beyond the individual's control, and a default and 1805 final order may be entered without the taking of testimony or 1806 presentation of evidence.

1824 (c) Two written reports indicating that the individual's 1825 ability to practice has been assessed and that the individual 1826 has been found capable of practicing according to acceptable and 1827 prevailingSub. standards of care.

The reports shall be made by 1828 individuals or providers approved by the board for making the 1829 assessments and shall describe the basis for their 1830 determination.

1831 The board may reinstate a license or certificate suspended 1832 under this division after that demonstration and after the 1833 individual has entered into a written consent agreement.

1834 Sub.

437 Page 64 As ReportedPassed by the House Healthprevailing Committeestandards When the impaired practitioner resumes practice, the board 1835 shall require continued monitoring of thecare. individual.

The reports shall be made by 1828 individuals or providers approved by the board for making the 1829 assessments and shall describe the basis for their 1830 determination.

1831 The board may reinstate a license or certificate suspended 1832 under this division after that demonstration and after the 1833 individual has entered into a written consent agreement.

1834 When the impaired practitioner resumes practice, the board 1835 shall require continued monitoring of the individual.

1852 (b) Advertising that the individual will waive the payment 1853 of all or any part of a deductible or copayment that a patient, 1854 pursuant to a health insurance or health care policy, contract, 1855 or plan that covers the individual's services, otherwise would 1856 beSub. required to pay.

1857 (29) Failure to use universal blood and body fluid 1858 precautions established by rules adopted under section 4731.051 1859 of the Revised Code;

1860 (30) Failure to provide notice to, and receive 1861 acknowledgment of the notice from, a patient when required by 1862 section 4731.143 of the Revised Code prior to providing 1863 Sub.

437 Page 65 As ReportedPassed by the House Healthbe Committeerequired nonemergency professional services, or failure to maintainpay. that 1864 notice in the patient's medical record;

1857 (29) Failure to use universal blood and body fluid 1858 precautions established by rules adopted under section 4731.051 1859 of the Revised Code;

1860 (30) Failure to provide notice to, and receive 1861 acknowledgment of the notice from, a patient when required by 1862 section 4731.143 of the Revised Code prior to providing 1863 nonemergency professional services, or failure to maintain that 1864 notice in the patient's medical record;

1879 (34) Failure to cooperate in an investigation conducted by 1880 the board under division (F) of this section, including failure 1881 to comply with a subpoena or order issued by the board or 1882 failure to answer truthfully a question presented by the board 1883 in an investigative interview, an investigative office 1884 conference, at a deposition, or in written interrogatories, 1885 exceptSub. that failure to cooperate with an investigation shall not 1886 constitute grounds for discipline under this section if a court 1887 of competent jurisdiction has issued an order that either 1888 quashes a subpoena or permits the individual to withhold the 1889 testimony or evidence in issue;

1890 (35) Failure to supervise an anesthesiologist assistant in 1891 accordance with Chapter 4760.

of the Revised Code and the 1892 Sub.

437 Page 66 As ReportedPassed by the House Healthexcept Committeethat board'sfailure rulesto cooperate with an investigation shall not 1886 constitute grounds for supervisiondiscipline under this section if a court 1887 of competent jurisdiction has issued an anesthesiologistorder assistant;that either 1888 quashes a subpoena or permits the individual to withhold the 1889 testimony or evidence in issue;

1890 (35) Failure to supervise an anesthesiologist assistant in 1891 accordance with Chapter 4760.

of the Revised Code and the 1892 board's rules for supervision of an anesthesiologist assistant;

1912 (42) Failure to comply with the requirements of section 1913 4729.79Sub. or 4731.055 of the Revised Code, unless the state board 1914 of pharmacy no longer maintains a drug database pursuant to 1915 section 4729.75 of the Revised Code;

1916 (43) Failure to comply with the requirements of section 1917 2919.171, 2919.202, or 2919.203 of the Revised Code or failure 1918 to submit to the department of health in accordance with a court 1919 order a complete report as described in section 2919.171 or 1920 Sub.

437 Page 67 As ReportedPassed by the House Health4729.79 Committeeor 2919.2024731.055 of the Revised Code, unless the state board 1914 of pharmacy no longer maintains a drug database pursuant to 1915 section 4729.75 of the Revised Code;

1916 (43) Failure to comply with the requirements of section 1917 2919.171, 2919.202, or 2919.203 of the Revised Code or failure 1918 to submit to the department of health in accordance with a court 1919 order a complete report as described in section 2919.171 or 1920 2919.202 of the Revised Code;

1939 (48) Failure to comply with the requirements of section 1940 4731.30 of the Revised Code or rules adopted under section 1941 4731.301 of the Revised Code when recommending treatment with 1942 medicalSub. marijuana;

1943 (49) A pattern of continuous or repeated violations of 1944 division (E)(2) or (3) of section 3963.02 of the Revised Code;

1945 (50) Failure to fulfill the responsibilities of a 1946 collaboration agreement entered into with an athletic trainer as 1947 described in section 4755.621 of the Revised Code;

1948 Sub.

437 Page 68 As ReportedPassed by the House Healthmedical Committeemarijuana; (51) Failure to take the steps specified in section 1949 4731.911 of the Revised Code following an abortion or attempted 1950 abortion in an ambulatory surgical facility or other location 1951 that is not a hospital when a child is born alive;

1943 (49) A pattern of continuous or repeated violations of 1944 division (E)(2) or (3) of section 3963.02 of the Revised Code;

1945 (50) Failure to fulfill the responsibilities of a 1946 collaboration agreement entered into with an athletic trainer as 1947 described in section 4755.621 of the Revised Code;

1948 (51) Failure to take the steps specified in section 1949 4731.911 of the Revised Code following an abortion or attempted 1950 abortion in an ambulatory surgical facility or other location 1951 that is not a hospital when a child is born alive;

A 1969 consent agreement, when ratified by an affirmative vote of not 1970 fewerSub. than six members of the board, shall constitute the 1971 findings and order of the board with respect to the matter 1972 addressed in the agreement.

If the board refuses to ratify a 1973 consent agreement, the admissions and findings contained in the 1974 consent agreement shall be of no force or effect.

1975 A telephone conference call may be utilized for 1976 ratification of a consent agreement that revokes or suspends an 1977 Sub.

437 Page 69 As ReportedPassed by the House Healthfewer Committeethan individual'ssix licensemembers orof certificatethe toboard, practiceshall orconstitute certificatethe 19781971 findings and order of the board with respect to recommend.the matter 1972 addressed in the agreement.

If the board refuses to ratify a 1973 consent agreement, the admissions and findings contained in the 1974 consent agreement shall be of no force or effect.

1975 A telephone conference call may be utilized for 1976 ratification of a consent agreement that revokes or suspends an 1977 individual's license or certificate to practice or certificate 1978 to recommend.

1997 (D) For purposes of divisions (B)(10), (12), and (14) of 1998 this section, the commission of the act may be established by a 1999 finding by the board, pursuant to an adjudication under Chapter 2000 119.Sub.

of the Revised Code, that the individual committed the act.

2001 The board does not have jurisdiction under those divisions if 2002 the trial court renders a final judgment in the individual's 2003 favor and that judgment is based upon an adjudication on the 2004 merits.

The board has jurisdiction under those divisions if the 2005 trial court issues an order of dismissal upon technical or 2006 procedural grounds.

2007 Sub.

437 Page 70 As ReportedPassed by the House Health119. Committee (E) The sealing or expungement of conviction records by 2008 any court shall have no effect upon a prior board order entered 2009 under this section or upon the board's jurisdiction to take 2010 action under this section if, based upon a plea of guilty, a 2011 judicial finding of guilt, or a judicial finding of eligibility 2012 for intervention in lieu of conviction, the board issued a 2013 notice of opportunity for a hearing prior to the court's order 2014 to seal or expunge the records.

of the Revised Code, that the individual committed the act.

2001 The board does not have jurisdiction under those divisions if 2002 the trial court renders a final judgment in the individual's 2003 favor and that judgment is based upon an adjudication on the 2004 merits.

The board has jurisdiction under those divisions if the 2005 trial court issues an order of dismissal upon technical or 2006 procedural grounds.

2007 (E) The sealing or expungement of conviction records by 2008 any court shall have no effect upon a prior board order entered 2009 under this section or upon the board's jurisdiction to take 2010 action under this section if, based upon a plea of guilty, a 2011 judicial finding of guilt, or a judicial finding of eligibility 2012 for intervention in lieu of conviction, the board issued a 2013 notice of opportunity for a hearing prior to the court's order 2014 to seal or expunge the records.

2030 (2)Sub. Investigations of alleged violations of this chapter 2031 or any rule adopted under it shall be supervised by the 2032 supervising member elected by the board in accordance with 2033 section 4731.02 of the Revised Code and by the secretary as 2034 provided in section 4731.39 of the Revised Code.

The president 2035 may designate another member of the board to supervise the 2036 investigation in place of the supervising member.

Upon a vote of 2037 the majority of the board to authorize the addition of a 2038 Sub.

437 Page 71 As ReportedPassed by the House Health(2) CommitteeInvestigations consumerof memberalleged inviolations the supervision of anythis partchapter of2031 or any 2039rule investigation,adopted theunder presidentit shall designatebe asupervised consumerby the 2032 supervising member 2040elected forby supervisionthe board in accordance with 2033 section 4731.02 of investigationsthe asRevised determinedCode and by the 2041secretary president.as 2034 provided in section 4731.39 of the Revised Code.

The president 2035 may designate another member of the board to supervise the 2036 investigation in place of the supervising member.

Upon a vote of 2037 the majority of the board to authorize the addition of a 2038 consumer member in the supervision of any part of any 2039 investigation, the president shall designate a consumer member 2040 for supervision of investigations as determined by the 2041 president.

2057 (a) Before issuance of a subpoena for patient record 2058 information, the secretary shall determine whether there is 2059 probable cause to believe that the complaint filed alleges a 2060 violation of this chapter or any rule adopted under it and that 2061 theSub. records sought are relevant to the alleged violation and 2062 material to the investigation.

The subpoena may apply only to 2063 records that cover a reasonable period of time surrounding the 2064 alleged violation.

2065 (b) On failure to comply with any subpoena issued by the 2066 board and after reasonable notice to the person being 2067 subpoenaed, the board may move for an order compelling the 2068 Sub.

437 Page 72 As ReportedPassed by the House Healththe Committeerecords productionsought ofare personsrelevant orto recordsthe pursuantalleged toviolation theand Rules2062 ofmaterial Civilto 2069the Procedure.investigation.

The subpoena may apply only to 2063 records that cover a reasonable period of time surrounding the 2064 alleged violation.

2065 (b) On failure to comply with any subpoena issued by the 2066 board and after reasonable notice to the person being 2067 subpoenaed, the board may move for an order compelling the 2068 production of persons or records pursuant to the Rules of Civil 2069 Procedure.

2089 (4) All hearings, investigations, and inspections of the 2090 board shall be considered civil actions for the purposes of 2091 sectionSub. 2305.252 of the Revised Code.

2092 (5) A report required to be submitted to the board under 2093 this chapter, a complaint, or information received by the board 2094 pursuant to an investigation or pursuant to an inspection under 2095 division (E) of section 4731.054 of the Revised Code is 2096 confidential and not subject to discovery in any civil action.

2097 Sub.

437 Page 73 As ReportedPassed by the House Healthsection Committee2305.252 The board shall conduct all investigations or inspections 2098 and proceedings in a manner that protects the confidentiality of 2099 patients and persons who file complaints with the board.Revised Code.

2092 (5) A report required to be submitted to the board under 2093 this chapter, a complaint, or information received by the board 2094 pursuant to an investigation or pursuant to an inspection under 2095 division (E) of section 4731.054 of the Revised Code is 2096 confidential and not subject to discovery in any civil action.

2097 The board shall conduct all investigations or inspections 2098 and proceedings in a manner that protects the confidentiality of 2099 patients and persons who file complaints with the board.

In a judicial proceeding, the information may be 2120 admitted into evidence only in accordance with the Rules of 2121 Evidence,Sub. but the court shall require that appropriate measures 2122 are taken to ensure that confidentiality is maintained with 2123 respect to any part of the information that contains names or 2124 other identifying information about patients or complainants 2125 whose confidentiality was protected by the state medical board 2126 when the information was in the board's possession.

Measures to 2127 ensure confidentiality that may be taken by the court include 2128 Sub.

437 Page 74 As ReportedPassed by the House HealthEvidence, Committeebut sealingthe itscourt recordsshall require that appropriate measures 2122 are taken to ensure that confidentiality is maintained with 2123 respect to any part of the information that contains names or deleting2124 specificother identifying information fromabout itspatients 2129or records.complainants 2125 whose confidentiality was protected by the state medical board 2126 when the information was in the board's possession.

Measures to 2127 ensure confidentiality that may be taken by the court include 2128 sealing its records or deleting specific information from its 2129 records.

2148 The report shall state how many cases are still pending 2149 andSub. shall be prepared in a manner that protects the identity of 2150 each person involved in each case.

The report shall be a public 2151 record under section 149.43 of the Revised Code.

2152 (7) The board may provide a status update regarding an 2153 investigation to a complainant on request if the board verifies 2154 the complainant's identity.

2155 Sub.

437 Page 75 As ReportedPassed by the House Healthand Committeeshall (G)(1)be Ifprepared eitherin ofa themanner followingthat circumstancesprotects occur, the 2156identity secretaryof and2150 supervisingeach memberperson mayinvolved recommendin thateach thecase. board 2157 suspend an individual's license or certificate to practice or 2158 certificate to recommend without a prior hearing:

The report shall be a public 2151 record under section 149.43 of the Revised Code.

2152 (7) The board may provide a status update regarding an 2153 investigation to a complainant on request if the board verifies 2154 the complainant's identity.

2155 (G)(1) If either of the following circumstances occur, the 2156 secretary and supervising member may recommend that the board 2157 suspend an individual's license or certificate to practice or 2158 certificate to recommend without a prior hearing:

A telephone conference call 2177 may be utilized for reviewing the allegations and taking the 2178 voteSub. on the summary suspension.

2179 The board shall serve a written order of suspension in 2180 accordance with sections 119.05 and 119.07 of the Revised Code.

2181 If the individual subject to the summary suspension requests an 2182 adjudicatory hearing by the board, the date set for the hearing 2183 shall be within fifteen days, but not earlier than seven days, 2184 Sub.

437 Page 76 As ReportedPassed by the House Healthvote Committeeon after the individualsummary requestssuspension. the hearing, unless otherwise 2185 agreed to by both the board and the individual.

2179 The board shall serve a written order of suspension in 2180 accordance with sections 119.05 and 119.07 of the Revised Code.

2181 If the individual subject to the summary suspension requests an 2182 adjudicatory hearing by the board, the date set for the hearing 2183 shall be within fifteen days, but not earlier than seven days, 2184 after the individual requests the hearing, unless otherwise 2185 agreed to by both the board and the individual.

Upon receipt of a petition of that nature and 2208 supportingSub. court documents, the board shall reinstate the 2209 individual's license or certificate to practice.

H.

B.

No.

437 Page 77 As Passed by the House supporting court documents, the board shall reinstate the 2209 individual's license or certificate to practice.

If the 2214 Sub.board finds, pursuant to an adjudication held under this 2215 division, that the individual committed the act or if no hearing 2216 is requested, the board may order any of the sanctions 2217 identified under division (B) of this section.

H.

B.

No.

437 Page 77 As Reported by the House Health Committee board finds, pursuant to an adjudication held under this 2215 division, that the individual committed the act or if no hearing 2216 is requested, the board may order any of the sanctions 2217 identified under division (B) of this section.

2238 The board shall notify the individual subject to the 2239 suspensionSub. in accordance with sections 119.05 and 119.07 of the 2240 Revised Code.

If an individual whose license or certificate is 2241 automatically suspended under this division fails to make a 2242 timely request for an adjudication under Chapter 119.

of the 2243 Revised Code, the board shall do whichever of the following is 2244 applicable:

2245 Sub.

437 Page 78 As ReportedPassed by the House Health Committee (1) If the automatic suspension underin thisaccordance divisionwith issections for119.05 2246and a119.07 second or subsequent plea of guilty to, or judicial finding of 2247 guilt of, a violation of section 2919.123 or 2919.124 of the 22482240 Revised Code,Code. the board shall enter an order suspending the 2249 individual's license or certificate to practice for a period of 2250 at least one year or, if determined appropriate by the board, 2251 imposing a more serious sanction involving the individual's 2252 license or certificate to practice.

If an individual whose license or certificate is 2241 automatically suspended under this division fails to make a 2242 timely request for an adjudication under Chapter 119.

of the 2243 Revised Code, the board shall do whichever of the following is 2244 applicable:

2245 (1) If the automatic suspension under this division is for 2246 a second or subsequent plea of guilty to, or judicial finding of 2247 guilt of, a violation of section 2919.123 or 2919.124 of the 2248 Revised Code, the board shall enter an order suspending the 2249 individual's license or certificate to practice for a period of 2250 at least one year or, if determined appropriate by the board, 2251 imposing a more serious sanction involving the individual's 2252 license or certificate to practice.

2265 (K) Any action taken by the board under division (B) of 2266 this section resulting in a suspension from practice shall be 2267 accompanied by a written statement of the conditions under which 2268 the individual's license or certificate to practice may be 2269 reinstated.Sub.

The board shall adopt rules governing conditions to 2270 be imposed for reinstatement.

Reinstatement of a license or 2271 certificate suspended pursuant to division (B) of this section 2272 requires an affirmative vote of not fewer than six members of 2273 the board.

2274 (L) When the board refuses to grant or issue a license or 2275 Sub.

437 Page 79 As ReportedPassed by the House Healthreinstated. Committee certificate to practice to an applicant, revokes an individual's 2276 license or certificate to practice, refuses to renew an 2277 individual's license or certificate to practice, or refuses to 2278 reinstate an individual's license or certificate to practice, 2279 the board may specify that its action is permanent.

The board shall adopt rules governing conditions to 2270 be imposed for reinstatement.

Reinstatement of a license or 2271 certificate suspended pursuant to division (B) of this section 2272 requires an affirmative vote of not fewer than six members of 2273 the board.

2274 (L) When the board refuses to grant or issue a license or 2275 certificate to practice to an applicant, revokes an individual's 2276 license or certificate to practice, refuses to renew an 2277 individual's license or certificate to practice, or refuses to 2278 reinstate an individual's license or certificate to practice, 2279 the board may specify that its action is permanent.

2299 (3)Sub. Failure by an individual to renew a license or 2300 certificate to practice in accordance with this chapter or a 2301 certificate to recommend in accordance with rules adopted under 2302 section 4731.301 of the Revised Code does not remove or limit 2303 the board's jurisdiction to take any disciplinary action under 2304 this section against the individual.

2305 Sub.

437 Page 80 As ReportedPassed by the House Health(3) CommitteeFailure (4)by Thean placementindividual ofto anrenew individual'sa license onor retired2300 2306certificate status,to aspractice describedin accordance with this chapter or a 2301 certificate to recommend in accordance with rules adopted under 2302 section 4731.2834731.301 of the Revised Code,Code 2307 does not remove or limit 2303 the board's jurisdiction to take any 2308 disciplinary action againstunder the2304 individualthis withsection regardagainst to the 2309individual. license as it existed before being placed on retired status.

2305 (4) The placement of an individual's license on retired 2306 status, as described in section 4731.283 of the Revised Code, 2307 does not remove or limit the board's jurisdiction to take any 2308 disciplinary action against the individual with regard to the 2309 license as it existed before being placed on retired status.

2326 (O) Under the board's investigative duties described in 2327 this section and subject to division (F) of this section, the 2328 boardSub. shall develop and implement a quality intervention program 2329 designed to improve through remedial education the clinical and 2330 communication skills of individuals authorized under this 2331 chapter to practice medicine and surgery, osteopathic medicine 2332 and surgery, and podiatric medicine and surgery.

In developing 2333 and implementing the quality intervention program, the board may 2334 Sub.

437 Page 81 As ReportedPassed by the House Healthboard Committeeshall dodevelop alland ofimplement a quality intervention program 2329 designed to improve through remedial education the following:clinical and 2330 communication skills of individuals authorized under this 2331 chapter to practice medicine and surgery, osteopathic medicine 2332 and surgery, and podiatric medicine and surgery.

In developing 2333 and implementing the quality intervention program, the board may 2334 do all of the following:

2356 (P) The board shall not refuse to issue a license to an 2357 applicantSub. because of a conviction, plea of guilty, judicial 2358 finding of guilt, judicial finding of eligibility for 2359 intervention in lieu of conviction, or the commission of an act 2360 that constitutes a criminal offense, unless the refusal is in 2361 accordance with section 9.79 of the Revised Code.

2362 Sub.

437 Page 82 As ReportedPassed by the House Healthapplicant Committeebecause (Q)of A license or certificate to practice or certificate to 2363 recommend issued to an individual under this chapter and an 2364 individual's practice under this chapter in this state are 2365 automatically suspended if the individual's license or 2366 certificate to practice a healthconviction, careplea occupationof orguilty, providejudicial 23672358 healthfinding careof servicesguilt, isjudicial suspended,finding revoked,of oreligibility surrenderedfor or2359 2368intervention relinquished in lieu of disciplineconviction, byor anthe agencycommission responsibleof for 2369 authorizing, certifying, or regulating an individualact to2360 practicethat 2370constitutes a healthcriminal careoffense, occupationunless orthe providerefusal healthis carein services2361 inaccordance thiswith 2371section state9.79 orof anotherthe jurisdiction.Revised Code.

2362 (Q) A license or certificate to practice or certificate to 2363 recommend issued to an individual under this chapter and an 2364 individual's practice under this chapter in this state are 2365 automatically suspended if the individual's license or 2366 certificate to practice a health care occupation or provide 2367 health care services is suspended, revoked, or surrendered or 2368 relinquished in lieu of discipline by an agency responsible for 2369 authorizing, certifying, or regulating an individual to practice 2370 a health care occupation or provide health care services in this 2371 state or another jurisdiction.

2388 Sec.Sub.

4731.281.

(A)(1) A license issued under this chapter 2389 to practice medicine and surgery, osteopathic medicine and 2390 surgery, or podiatric medicine and surgery shall be valid for a 2391 two-year period unless revoked or suspended.

A license shall 2392 expire on the date that is two years from the date of issuance 2393 Sub.

437 Page 83 As ReportedPassed by the House HealthSec. Committee and may be renewed for additional two-year periods.

4731.281.

(A)(1) A license issued under this chapter 2389 to practice medicine and surgery, osteopathic medicine and 2390 surgery, or podiatric medicine and surgery shall be valid for a 2391 two-year period unless revoked or suspended.

A license shall 2392 expire on the date that is two years from the date of issuance 2393 and may be renewed for additional two-year periods.

2417 (4)Sub. The board's notice shall inform the applicant of the 2418 renewal procedure.

The board shall provide the application for 2419 renewal in a form determined by the board.

2420 (5) The applicant shall provide in the application the 2421 applicant's full name;

the applicant's residence address, 2422 Sub.