| Section 1. That sections 3313.6011, 4729.16, and 4731.22 be | 12 |
| amended and sections 1751.661, 3701.047, 3701.135, 3923.602, | 13 |
| 3923.611, 4729.45, 4729.451, 4729.452, and 4729.453 of the Revised | 14 |
| Code be enacted to read as follows: | 15 |
|
(E) Each year, the department shall conduct an evaluation of | 138 |
| at least ten per cent of programs to which grants are awarded | 139 |
| under this section. As part of this evaluation, the department | 140 |
| shall collect basic data on each program. The department shall | 141 |
| prepare a report detailing the effectiveness of grants issued | 142 |
| under this section. A copy of the report shall be submitted to the | 143 |
| general assembly not later than the thirty-first day of December | 144 |
| of each year. | 145 |
| Sec. 4729.16. (A) The state board of pharmacy, after
notice | 214 |
| and hearing in accordance with Chapter 119. of the
Revised Code, | 215 |
| may revoke, suspend, limit, place on probation, or
refuse to grant | 216 |
| or renew an identification card, or may impose a monetary
penalty | 217 |
| or forfeiture not to
exceed in severity any fine designated under | 218 |
| the Revised Code
for
a similar offense, or in the case of a | 219 |
| violation of a section of
the Revised Code that does not bear a | 220 |
| penalty, a monetary
penalty
or forfeiture of not more than five | 221 |
| hundred dollars, if the board
finds a pharmacist or pharmacy | 222 |
| intern: | 223 |
| (8) Guilty of dividing or agreeing to divide remuneration | 242 |
|
made in the practice of pharmacy with any other individual, | 243 |
|
including, but not limited to, any licensed health
professional | 244 |
| authorized to prescribe drugs or
any owner, manager, or employee | 245 |
| of a health care facility, residential care
facility, or nursing | 246 |
| home; | 247 |
| Sec. 4731.22. (A) The state medical board,
by an
affirmative | 343 |
| vote of not fewer than six of its members,
may revoke
or may | 344 |
|
refuse to grant a certificate to a person found by the
board to | 345 |
|
have committed fraud during the administration of the
examination | 346 |
| for a certificate to practice or to have
committed
fraud, | 347 |
| misrepresentation, or deception in applying for
or securing
any | 348 |
| certificate to practice or certificate of
registration issued
by | 349 |
| the board. | 350 |
| (B) The board, by an affirmative
vote of not fewer than
six | 351 |
|
members, shall, to the extent permitted by law, limit,
revoke, or | 352 |
|
suspend an individual's certificate to
practice, refuse to | 353 |
|
register an individual, refuse
to reinstate a certificate, or | 354 |
|
reprimand or place on
probation the
holder of a certificate for | 355 |
|
one or more of the following reasons: | 356 |
| (3) Selling, giving away, personally furnishing,
prescribing, | 365 |
| or
administering drugs for other than legal and
legitimate | 366 |
| therapeutic purposes
or a plea of guilty to, a judicial
finding of | 367 |
| guilt of, or a
judicial finding of eligibility for
intervention in | 368 |
|
lieu of conviction
of, a violation of any federal
or state law | 369 |
| regulating the possession,
distribution, or use of
any drug; | 370 |
| For purposes of this division, "willfully betraying a | 372 |
|
professional
confidence" does not include providing any | 373 |
|
information, documents, or reports
to a child fatality review | 374 |
|
board under sections 307.621 to 307.629 of the
Revised Code and | 375 |
|
does not include the making of a report of an
employee's use of a | 376 |
|
drug of abuse, or a report of a condition of
an employee other | 377 |
|
than one involving the use of a drug of abuse,
to the employer of | 378 |
|
the employee as described in division (B) of
section 2305.33 of | 379 |
|
the Revised Code.
Nothing in this division
affects the immunity | 380 |
|
from
civil liability conferred by that section upon a physician | 381 |
|
who
makes either type of report in accordance with division (B) of | 382 |
|
that section. As used in this division, "employee," "employer," | 383 |
|
and "physician" have the same meanings as in section 2305.33 of | 384 |
|
the Revised Code. | 385 |
| (5) Making a false, fraudulent,
deceptive, or misleading | 386 |
|
statement
in the solicitation of or advertising
for patients; in | 387 |
|
relation
to the practice of medicine and surgery, osteopathic | 388 |
|
medicine
and surgery, podiatric medicine and surgery, or a
limited | 389 |
| branch of medicine;
or in securing or attempting to secure
any | 390 |
| certificate
to practice or certificate of registration issued
by | 391 |
| the board. | 392 |
| As used in this division, "false, fraudulent, deceptive, or | 393 |
|
misleading statement" means a statement that includes a | 394 |
|
misrepresentation of fact, is likely to mislead or deceive
because | 395 |
|
of a failure to disclose material facts, is intended or
is likely | 396 |
|
to create false or unjustified expectations of
favorable results, | 397 |
|
or includes representations or implications
that in reasonable | 398 |
|
probability will cause an ordinarily prudent
person to | 399 |
|
misunderstand or be deceived. | 400 |
| (18) Subject to section 4731.226 of the Revised Code, | 438 |
|
violation of
any provision of a code of ethics
of the American | 439 |
|
medical association, the American osteopathic
association, the | 440 |
|
American podiatric medical association, or any
other national | 441 |
|
professional organizations that
the board specifies by
rule. The | 442 |
|
state medical board shall
obtain and keep on file current copies | 443 |
|
of the codes of ethics of
the various national professional | 444 |
|
organizations. The
individual whose certificate is being
suspended | 445 |
| or
revoked
shall not be found to have violated any
provision of a | 446 |
| code of
ethics of an organization not appropriate
to the | 447 |
|
individual's profession. | 448 |
| For purposes of this division, a "provision of a code
of | 449 |
|
ethics of a national professional organization" does not
include | 450 |
|
any provision that would preclude the making of a
report by a | 451 |
|
physician of an employee's use of a drug of abuse, or
of a | 452 |
|
condition of an employee other than one involving the use of
a | 453 |
|
drug of abuse, to the employer of the employee as described in | 454 |
|
division (B) of section 2305.33 of the Revised Code. Nothing
in | 455 |
|
this division affects the
immunity from civil liability conferred | 456 |
|
by that section upon a
physician who makes either type of report | 457 |
|
in accordance with
division (B) of that section. As used in this | 458 |
|
division,
"employee," "employer," and "physician" have the same | 459 |
|
meanings as
in section 2305.33 of the Revised Code. | 460 |
| In enforcing this division, the board, upon a
showing of a | 466 |
|
possible violation, may compel any individual
authorized to | 467 |
|
practice by this chapter or
who has
submitted an application | 468 |
|
pursuant to this chapter
to submit to a mental examination, | 469 |
|
physical
examination, including an HIV test, or both a mental
and | 470 |
|
a physical
examination. The expense of the
examination is the | 471 |
|
responsibility of the individual compelled to be
examined.
Failure | 472 |
|
to submit to a mental or physical examination
or consent
to an HIV | 473 |
|
test ordered by the board
constitutes an admission of
the | 474 |
|
allegations against the
individual
unless the failure is due
to | 475 |
|
circumstances beyond the individual's control,
and a default
and | 476 |
|
final order may be entered without the taking
of testimony or | 477 |
|
presentation of evidence. If the board finds an
individual unable | 478 |
|
to practice because of the reasons
set forth in
this division, the | 479 |
|
board shall require the individual
to submit to
care, counseling, | 480 |
|
or treatment by physicians approved or
designated by the board, as | 481 |
|
a condition for initial, continued,
reinstated, or renewed | 482 |
|
authority to practice. An
individual
affected under this division | 483 |
|
shall be
afforded an opportunity to demonstrate to the board the | 484 |
|
ability to
resume practice in compliance with acceptable and | 485 |
|
prevailing
standards under the provisions of the individual's | 486 |
|
certificate.
For the
purpose of this division, any individual who | 487 |
|
applies for or receives a certificate to
practice under this | 488 |
|
chapter accepts the privilege of
practicing in
this state and, by | 489 |
|
so doing, shall be
deemed to have given consent to submit to a | 490 |
|
mental or
physical examination when directed to do so in writing | 491 |
|
by the
board, and to have waived all objections to the | 492 |
|
admissibility of
testimony or examination reports that constitute | 493 |
|
a privileged
communication. | 494 |
| (20) Except when civil penalties are imposed under section | 495 |
|
4731.225
or 4731.281 of the Revised Code, and subject to section | 496 |
|
4731.226 of the Revised Code, violating or
attempting to violate, | 497 |
|
directly or indirectly, or assisting in or
abetting the violation | 498 |
|
of, or conspiring to violate, any
provisions of this chapter or | 499 |
|
any rule promulgated by the board. | 500 |
| This division does not apply to a violation or attempted | 501 |
|
violation of, assisting in or abetting the violation of, or a | 502 |
|
conspiracy to violate, any provision of this chapter or any rule | 503 |
|
adopted by the board that would preclude the making
of a
report by | 504 |
|
a physician of an employee's use of a drug of abuse, or
of a | 505 |
|
condition of an employee other than one involving the use of
a | 506 |
|
drug of abuse, to the employer of the employee as described in | 507 |
|
division (B) of section 2305.33 of the Revised Code. Nothing
in | 508 |
|
this division affects the
immunity from civil liability conferred | 509 |
|
by that section upon a
physician who makes either type of report | 510 |
|
in accordance with
division (B) of that section. As used in this | 511 |
|
division,
"employee," "employer," and "physician" have the same | 512 |
|
meanings as
in section 2305.33 of the Revised Code. | 513 |
| (22) Any of the following actions taken by the agency | 517 |
|
responsible for regulating the practice of medicine and surgery, | 518 |
|
osteopathic
medicine and surgery, podiatric medicine and surgery, | 519 |
|
or the limited branches of medicine in
another jurisdiction, for | 520 |
|
any reason other than the
nonpayment of fees: the
limitation, | 521 |
|
revocation, or suspension of an individual's license
to practice; | 522 |
|
acceptance of an
individual's license surrender; denial of a | 523 |
|
license; refusal to
renew or reinstate
a license; imposition of | 524 |
|
probation; or
issuance of an order of censure or other reprimand; | 525 |
| (23) The violation of section 2919.12 of the Revised Code
or | 526 |
|
the performance or inducement of an abortion upon a pregnant
woman | 527 |
|
with actual knowledge that the conditions specified in
division | 528 |
|
(B) of section 2317.56 of the Revised Code have not been
satisfied | 529 |
|
or with a heedless indifference as to whether those
conditions | 530 |
|
have been satisfied, unless an affirmative defense as
specified in | 531 |
|
division (H)(2) of that section would apply in a
civil action | 532 |
|
authorized by division (H)(1) of that section; | 533 |
| For the purposes of this division, any individual authorized | 549 |
|
to practice
by this chapter accepts
the privilege of
practicing in | 550 |
|
this state subject to supervision by the board. By
filing an | 551 |
|
application for or
holding a
certificate to practice under this | 552 |
|
chapter, an
individual shall
be deemed to have given consent to | 553 |
|
submit to a mental or
physical examination when ordered to do so | 554 |
|
by the board in
writing, and to have waived all objections to the | 555 |
|
admissibility
of testimony or examination reports that constitute | 556 |
|
privileged
communications. | 557 |
| If it has reason to believe that any individual authorized to | 558 |
|
practice by
this chapter or any applicant for
certification to | 559 |
|
practice suffers such impairment, the board may compel
the | 560 |
|
individual to submit to a mental or physical examination, or
both. | 561 |
|
The expense of the examination is the
responsibility of the | 562 |
|
individual
compelled to be examined. Any
mental or physical | 563 |
|
examination required under this division shall
be undertaken by a | 564 |
|
treatment provider or physician who is qualified to
conduct the | 565 |
|
examination and who is chosen by the
board. | 566 |
| Failure to submit to a mental or physical
examination ordered | 567 |
|
by the board constitutes an admission of the
allegations against | 568 |
|
the individual unless the failure is due to
circumstances beyond | 569 |
|
the individual's control, and a default and
final order may be | 570 |
|
entered without the taking of testimony or
presentation of | 571 |
|
evidence. If the board determines that the
individual's ability
to | 572 |
| practice is impaired, the board shall
suspend the individual's | 573 |
|
certificate or deny the
individual's application and shall require | 574 |
|
the individual, as a condition for initial, continued,
reinstated, | 575 |
|
or renewed certification to practice, to
submit to treatment. | 576 |
| When the impaired practitioner resumes practice, the board | 598 |
|
shall
require continued
monitoring of the individual. The | 599 |
|
monitoring shall include, but not be
limited to, compliance with | 600 |
|
the written consent agreement entered
into before reinstatement or | 601 |
|
with conditions imposed by board
order after a hearing, and, upon | 602 |
|
termination of the consent
agreement, submission to the board for | 603 |
|
at least two years of
annual written progress reports made under | 604 |
|
penalty of perjury
stating whether the individual has maintained | 605 |
|
sobriety. | 606 |
| (34) Failure to cooperate in an investigation conducted by | 643 |
|
the board under division (F) of this section, including
failure to | 644 |
|
comply with a subpoena or order issued by the board
or failure to | 645 |
|
answer truthfully a question presented by the
board at a | 646 |
|
deposition or in written interrogatories, except that
failure to | 647 |
|
cooperate with an investigation shall not constitute
grounds for | 648 |
|
discipline under this section if a court of
competent jurisdiction | 649 |
|
has issued an order that either quashes a
subpoena or permits the | 650 |
|
individual to withhold the testimony or
evidence in issue; | 651 |
| (C) Disciplinary actions taken by the board under divisions | 663 |
|
(A) and (B) of this section shall be taken pursuant to an | 664 |
|
adjudication under Chapter 119. of the Revised Code, except that | 665 |
|
in lieu of an
adjudication, the board may enter into a consent | 666 |
|
agreement with an
individual to resolve an allegation of a | 667 |
|
violation of this chapter or any rule
adopted under it. A consent | 668 |
|
agreement, when ratified by an
affirmative vote of not fewer than | 669 |
|
six members of the board,
shall constitute the findings and order | 670 |
|
of the board with
respect to the matter addressed in the | 671 |
|
agreement. If the board
refuses to ratify a consent agreement,
the | 672 |
| admissions and
findings contained in the consent agreement
shall | 673 |
| be of no force
or effect. | 674 |
| If the board takes disciplinary action against an individual | 675 |
|
under division (B) of this section for a second or subsequent plea | 676 |
|
of guilty to, or judicial finding of guilt of, a violation of | 677 |
|
section 2919.123 of the Revised Code, the disciplinary action | 678 |
|
shall consist of a suspension of the individual's certificate to | 679 |
|
practice for a period of at least one year or, if determined | 680 |
|
appropriate by the board, a more serious sanction involving the | 681 |
|
individual's certificate to practice. Any consent agreement | 682 |
|
entered into under this division with an individual that pertains | 683 |
|
to a second or subsequent plea of guilty to, or judicial finding | 684 |
|
of guilt of, a violation of that section shall provide for a | 685 |
|
suspension of the individual's certificate to practice for a | 686 |
|
period of at least one year or, if determined appropriate by the | 687 |
|
board, a more serious sanction involving the individual's | 688 |
|
certificate to practice. | 689 |
| (D) For purposes of divisions (B)(10), (12), and (14) of
this | 690 |
|
section, the commission of the act may be established by a
finding | 691 |
| by the board, pursuant to an adjudication under
Chapter
119. of | 692 |
| the Revised Code, that the individual committed the act.
The board | 693 |
|
does not have jurisdiction under those divisions if
the
trial | 694 |
| court renders a final judgment in the individual's favor and
that | 695 |
| judgment is based upon an
adjudication on
the merits. The
board | 696 |
| has jurisdiction under those
divisions if the trial court
issues | 697 |
| an order of
dismissal upon technical or procedural grounds. | 698 |
| (E) The sealing of conviction records by any court shall
have | 699 |
|
no effect upon a prior board order entered under this section
or | 700 |
| upon the board's jurisdiction to take action under this section | 701 |
|
if,
based upon a plea of guilty,
a judicial finding of guilt, or a | 702 |
|
judicial finding of eligibility for intervention in
lieu of | 703 |
|
conviction, the board issued a notice of opportunity for
a hearing | 704 |
|
prior to the court's order to seal the records. The
board shall | 705 |
|
not be required to seal, destroy, redact, or
otherwise modify its | 706 |
|
records to reflect the court's sealing of
conviction records. | 707 |
| (F)(1) The board shall investigate evidence that appears
to | 708 |
|
show that a person has violated any provision of this
chapter or | 709 |
|
any rule adopted under it. Any person may report to the board
in
a | 710 |
| signed writing
any information that the person may have that | 711 |
|
appears to show a
violation of any provision of this chapter or | 712 |
|
any rule
adopted under it. In the absence of bad
faith, any
person | 713 |
| who reports information of that nature or who testifies
before the | 714 |
| board in any adjudication conducted under
Chapter 119.
of the | 715 |
| Revised Code shall not be liable
in damages in a civil
action as a | 716 |
| result of the report or
testimony. Each
complaint or
allegation of | 717 |
| a violation received by the
board shall be assigned
a case number | 718 |
| and shall be recorded by
the board. | 719 |
| (2) Investigations of alleged violations of this chapter or | 720 |
|
any rule
adopted under it shall
be supervised by the supervising | 721 |
|
member elected by the board in
accordance with section 4731.02 of | 722 |
|
the Revised Code and by the
secretary as provided in section | 723 |
|
4731.39 of the Revised Code. The president
may designate another | 724 |
|
member of the board to
supervise the investigation in place of the | 725 |
|
supervising member. No member of
the board who supervises the | 726 |
|
investigation of a case
shall participate in further adjudication | 727 |
|
of the case. | 728 |
| (3) In investigating a possible violation of
this chapter or | 729 |
|
any rule adopted
under this chapter, the board
may administer | 730 |
|
oaths, order the taking of depositions, issue
subpoenas, and | 731 |
|
compel the attendance of witnesses and production
of books, | 732 |
|
accounts, papers, records, documents, and testimony, except
that a | 733 |
|
subpoena for patient record information shall not be issued | 734 |
|
without
consultation with the attorney general's office and | 735 |
|
approval of
the secretary and supervising member
of the board. | 736 |
|
Before issuance of a
subpoena for patient record information, the | 737 |
|
secretary and supervising member shall
determine
whether there is | 738 |
|
probable cause to believe that the complaint filed alleges a | 739 |
|
violation of this chapter or any rule adopted under it and that | 740 |
|
the records
sought are relevant
to the alleged violation and | 741 |
|
material to the investigation.
The subpoena may apply only to | 742 |
|
records that cover a
reasonable period of time surrounding the | 743 |
|
alleged violation. | 744 |
| A subpoena issued by the board may be served by a sheriff, | 749 |
|
the sheriff's deputy, or a board employee designated by the
board. | 750 |
|
Service of a subpoena issued by the board may be
made by | 751 |
|
delivering a copy of the subpoena to the
person named therein, | 752 |
|
reading it to the person, or leaving it at
the person's usual | 753 |
|
place of residence. When the person being
served is a person
whose | 754 |
| practice is authorized by this chapter,
service of the
subpoena | 755 |
| may be made by certified mail,
restricted delivery,
return receipt | 756 |
| requested, and the subpoena
shall be deemed served
on the date | 757 |
| delivery is made or the date
the person refuses to
accept | 758 |
| delivery. | 759 |
| The board shall conduct all investigations and proceedings
in | 771 |
|
a manner that protects the
confidentiality of patients and persons | 772 |
|
who file complaints with the
board. The
board shall not make | 773 |
|
public the names or any other identifying
information about | 774 |
|
patients or complainants unless proper consent is
given or, in the | 775 |
|
case of a patient, a
waiver of the patient privilege exists under | 776 |
|
division (B) of
section 2317.02 of the Revised Code, except that | 777 |
|
consent
or a waiver of that nature is not required if the board | 778 |
|
possesses reliable and
substantial evidence that no bona fide | 779 |
|
physician-patient
relationship exists. | 780 |
| The board may
share any information it receives pursuant to | 781 |
|
an investigation, including
patient records and patient record | 782 |
|
information, with law
enforcement agencies, other licensing | 783 |
|
boards, and other
governmental
agencies that are prosecuting, | 784 |
|
adjudicating, or investigating alleged
violations of statutes or | 785 |
|
administrative rules. An agency
or board that receives the | 786 |
|
information shall comply with the same
requirements regarding | 787 |
|
confidentiality as those with which the state medical
board must | 788 |
|
comply, notwithstanding any conflicting provision
of the Revised | 789 |
|
Code or procedure
of the agency or board that applies when it is | 790 |
|
dealing with
other information in its possession. In a judicial | 791 |
|
proceeding,
the information
may
be admitted into evidence only in | 792 |
|
accordance with
the Rules of Evidence, but the court shall require | 793 |
|
that appropriate measures are taken to ensure that
confidentiality | 794 |
|
is maintained with respect to any part of the information that | 795 |
|
contains names or other identifying information about patients or | 796 |
|
complainants
whose confidentiality was protected by the state | 797 |
|
medical board when the
information was in the board's possession. | 798 |
|
Measures to ensure confidentiality
that may be taken by the court | 799 |
|
include sealing its records or deleting
specific information
from | 800 |
|
its records. | 801 |
| The board shall issue a written order of suspension by | 831 |
|
certified mail or in person in accordance with section 119.07 of | 832 |
|
the Revised Code. The order shall not be subject to
suspension
by | 833 |
|
the court during pendency of any appeal filed under section
119.12 | 834 |
|
of the Revised Code. If the individual
subject to the summary | 835 |
|
suspension requests
an adjudicatory hearing by the board, the date | 836 |
|
set for the
hearing shall be within fifteen days, but not earlier | 837 |
|
than seven
days, after the individual
requests the hearing,
unless | 838 |
|
otherwise agreed to by both the board and the individual. | 839 |
| Any summary suspension imposed under this division shall | 840 |
|
remain in effect, unless reversed on appeal, until a final | 841 |
|
adjudicative order issued by the board pursuant to this section | 842 |
|
and Chapter 119. of the Revised Code becomes effective. The
board | 843 |
|
shall issue its final adjudicative order within sixty days
after | 844 |
|
completion of its hearing. A failure to issue the order
within | 845 |
|
sixty days shall result in dissolution of the summary
suspension | 846 |
|
order but shall not invalidate any subsequent, final
adjudicative | 847 |
|
order. | 848 |
| (H) If the board takes action under division
(B)(9), (11),
or | 849 |
| (13) of this section and the judicial
finding of guilt, guilty | 850 |
|
plea, or judicial finding of
eligibility for intervention in lieu | 851 |
|
of conviction is
overturned on appeal,
upon
exhaustion of the | 852 |
|
criminal appeal, a petition for reconsideration
of the order may | 853 |
|
be filed with the board along with appropriate
court documents. | 854 |
|
Upon receipt of a petition of that
nature and supporting court | 855 |
|
documents, the board shall reinstate the
individual's certificate | 856 |
|
to practice. The
board may then hold an adjudication under
Chapter | 857 |
| 119. of the Revised Code to
determine whether the
individual | 858 |
|
committed
the act in question. Notice of an
opportunity for a | 859 |
| hearing
shall be given in accordance with
Chapter 119. of the | 860 |
| Revised Code. If the
board finds, pursuant to
an adjudication held | 861 |
| under this division,
that the individual
committed
the act or if | 862 |
|
no hearing is requested, the board may
order any of the sanctions | 863 |
|
identified under division (B) of this
section. | 864 |
| (I) The certificate to practice issued to an individual
under | 865 |
|
this chapter and the individual's practice in this
state are | 866 |
|
automatically suspended as of the date of the individual's second | 867 |
|
or subsequent plea of guilty to, or judicial finding of guilt of, | 868 |
|
a violation of section 2919.123 of the Revised Code, or the date | 869 |
| the individual pleads
guilty to, is found by a judge
or jury to be | 870 |
| guilty of, or is
subject to a judicial
finding of eligibility for | 871 |
| intervention in
lieu of conviction in this state
or treatment or | 872 |
| intervention in
lieu of conviction in another
jurisdiction for
any | 873 |
| of the
following
criminal offenses in this state or a | 874 |
|
substantially
equivalent criminal offense in another jurisdiction: | 875 |
| aggravated
murder, murder, voluntary
manslaughter, felonious | 876 |
| assault,
kidnapping, rape, sexual
battery, gross sexual | 877 |
| imposition,
aggravated arson, aggravated
robbery, or aggravated | 878 |
| burglary.
Continued
practice after suspension shall be considered | 879 |
| practicing
without a certificate. | 880 |
| (1) If the automatic suspension under this division is for a | 888 |
|
second or subsequent plea of guilty to, or judicial finding of | 889 |
|
guilt of, a violation of section 2919.123 of the Revised Code, the | 890 |
|
board shall enter an order suspending the individual's certificate | 891 |
|
to practice for a period of at least one year or, if determined | 892 |
|
appropriate by the board, imposing a more serious sanction | 893 |
|
involving the individual's certificate to practice. | 894 |
| (J) If the board is required by
Chapter 119. of the Revised | 898 |
|
Code to give notice of an
opportunity for a hearing and if the | 899 |
|
individual subject to the notice
does not timely request a
hearing | 900 |
|
in accordance with section
119.07 of the Revised Code, the board | 901 |
|
is not required
to hold a hearing, but may adopt, by an | 902 |
|
affirmative vote of
not fewer than
six of its members, a final | 903 |
|
order that contains the board's
findings. In that final order,
the | 904 |
| board may order any of the
sanctions identified under division
(A) | 905 |
| or (B) of this section. | 906 |
| (K) Any action taken by the board under division (B) of
this | 907 |
|
section resulting in a suspension from practice shall be | 908 |
|
accompanied by a written statement of the conditions under which | 909 |
|
the individual's certificate to practice may be
reinstated. The | 910 |
|
board
shall adopt rules governing conditions to be imposed for | 911 |
|
reinstatement. Reinstatement of a certificate suspended pursuant | 912 |
|
to division (B) of this section requires an affirmative vote of | 913 |
|
not fewer than six members of the board. | 914 |
| (L) When the board
refuses to grant a certificate to an | 915 |
|
applicant,
revokes an individual's
certificate to practice, | 916 |
|
refuses to register an applicant, or
refuses to reinstate an | 917 |
|
individual's certificate to practice,
the board may specify that | 918 |
|
its action is permanent. An
individual subject to a permanent | 919 |
|
action taken by the board is
forever thereafter ineligible to hold | 920 |
|
a certificate to practice
and the board shall not accept an | 921 |
|
application for reinstatement of the
certificate or for issuance | 922 |
|
of a new certificate. | 923 |
| (O) Under the board's investigative duties described in
this | 948 |
|
section and subject to division (F) of this section, the
board | 949 |
|
shall
develop and implement a quality intervention program | 950 |
|
designed to improve
through remedial
education the clinical and | 951 |
|
communication skills of individuals authorized
under this chapter | 952 |
|
to practice medicine and surgery, osteopathic medicine and | 953 |
|
surgery, and podiatric medicine and surgery. In
developing and | 954 |
|
implementing the quality intervention program, the board may do | 955 |
|
all of the following: | 956 |
| Of the foregoing appropriation item 440-416, Child and
Family | 983 |
|
Health Services, not more than $1,700,000 in each fiscal year | 984 |
shall be
used for
women's health servicesfamily planning | 985 |
| services. None of the funds received through these family planning | 986 |
| grants shall be used to provide abortion services. None of the | 987 |
| funds received through these family planning grants shall be used | 988 |
| for counseling for or referrals for abortion, except in the case | 989 |
| of a medical emergency. These funds shall be distributed on the | 990 |
| basis of the relative need in the community served by the Director | 991 |
| of Health to family planning programs, which shall include family | 992 |
| planning programs funded under Title V of the "Social Security | 993 |
| Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and Title | 994 |
| X of the "Public Health Services Act," 58 Stat. 682 (1946), 42 | 995 |
| U.S.C.A. 201, as amended, as well as to other family planning | 996 |
| programs that the Department of Health also determines will | 997 |
| provide services that are physically and financially separate from | 998 |
| abortion-providing and abortion-promoting activities, and that do | 999 |
| not include counseling for or referrals for abortion, other than | 1000 |
| in the case of medical emergency, with state moneys, but that | 1001 |
| otherwise substantially comply with the quality standards for such | 1002 |
| programs under Title V and Title X. | 1003 |
| The Director of Health, by rule, shall provide reasonable | 1004 |
| methods by which a grantee wishing to be eligible for federal | 1005 |
| funding may comply with these requirements for state funding | 1006 |
| without losing its eligibility for federal funding, while ensuring | 1007 |
| that a family planning program receiving a family planning grant | 1008 |
| must be organized so that it is physically and financially | 1009 |
| separate from the provision of abortion services and from | 1010 |
| activities promoting abortion as a method of family planning. | 1011 |
| Of the foregoing appropriation item 440-416, Child and Family | 1020 |
Health Services, not more than $500,000 in each fiscal year 2006 | 1021 |
shall be used for abstinence-only educationprograms. The Director | 1022 |
| of Health shall develop guidelines for the establishment of | 1023 |
| abstinence programs for teenagers with the purpose of decreasing | 1024 |
| unplanned pregnancies and abortion. The guidelines shall be | 1025 |
| developed pursuant to Title V of the "Social Security Act," 42 | 1026 |
| U.S.C. 510, and shall include, but are not limited to, advertising | 1027 |
| campaigns and direct training in schools and other locations. | 1028 |
| At the end of fiscal year 2006, any unencumbered and | 1029 |
| unallotted funds that were earmarked for abstinence-only programs | 1030 |
| in GRF appropriation item 440-416, Child and Family Health | 1031 |
| Services, shall instead be used by the Director of Health in the | 1032 |
| following manner: not more than thirty per cent of the funds shall | 1033 |
| be allocated to emergency contraception education and information | 1034 |
| programs as described in section 3701.135 of the Revised Code; not | 1035 |
| more than twenty per cent shall be allocated to training programs | 1036 |
| on emergency contraception drug therapy initiation and | 1037 |
| distribution as described in section 4729.452 of the Revised Code; | 1038 |
| and not more than fifty per cent shall be allocated to teenage | 1039 |
| pregnancy prevention grant programs as described in section | 1040 |
| 3701.047 of the Revised Code. | 1041 |
| Of the foregoing appropriation item 440-601, Maternal Child | 1042 |
| Health Block Grant (Fund 320), $2,091,299 shall be used for | 1043 |
| emergency contraception education and information, emergency | 1044 |
| contraception drug therapy initiation and distribution training, | 1045 |
| and teenage pregnancy prevention grant programs. Of the $2,091,299 | 1046 |
| earmarked, not more than thirty per cent of the funds shall be | 1047 |
| allocated to emergency contraception education and information | 1048 |
| programs as described in section 3701.135 of the Revised Code; not | 1049 |
| more than twenty per cent shall be allocated to training programs | 1050 |
| on emergency contraception drug therapy initiation and | 1051 |
| distribution as described in section 4729.452 of the Revised Code; | 1052 |
| and not more than fifty per cent shall be allocated to teenage | 1053 |
| pregnancy prevention grant programs as described in section | 1054 |
| 3701.047 of the Revised Code. | 1055 |
| Of the foregoing appropriation item 440-416, Child and Family | 1056 |
| Health Services, $10,000 in each fiscal year shall be allocated to | 1057 |
| the Jewish Family Services in Cleveland, $10,000 in each fiscal | 1058 |
| year shall be allocated to the Jewish Family Services in | 1059 |
| Cincinnati, $10,000 shall be allocated in each fiscal year to the | 1060 |
| Jewish Family Services in Columbus, and $10,000 in each fiscal | 1061 |
| year shall be allocated to the Wexner Heritage Village in Columbus | 1062 |
| for interpreters for health care. | 1063 |
| Of the foregoing appropriation item 440-416, Child and Family | 1064 |
| Health Services, $10,000 in each fiscal year shall be provided to | 1065 |
| the Jewish Family Services in Dayton, $5,000 in each fiscal year | 1066 |
| shall be provided to the Jewish Community Center in Akron, $5,000 | 1067 |
| in each fiscal year shall be provided to the Jewish Community | 1068 |
| Center in Sylvania, $2,500 in each fiscal year shall be provided | 1069 |
| to the Jewish Community Center in Youngstown, and $2,500 in each | 1070 |
| fiscal year shall be provided to the Jewish Community Center in | 1071 |
| Canton. | 1072 |
| Of the foregoing appropriation item 440-416, Child and Family | 1076 |
| Health Services, $16,667 in each fiscal year shall be allocated to | 1077 |
| the Yassenoff Jewish Community Center, $16,667 in each fiscal year | 1078 |
| shall be allocated to the Jewish Community Center in Cincinnati, | 1079 |
| and $16,666 in each fiscal year shall be allocated to the Jewish | 1080 |
| Community Center in Cleveland for children's health and nutrition | 1081 |
| camp programs. | 1082 |
|
Of the foregoing appropriation item 440-431, Free Clinic | 1103 |
| Liability Insurance, up to $20,000 in each fiscal year may be used | 1104 |
| by the Department of Health for administrative expenses related to | 1105 |
| the Medical Liability Insurance Reimbursement Program. The | 1106 |
| remainder in each fiscal year shall be used to pay for medical | 1107 |
| liability insurance for free clinics, including the clinics' staff | 1108 |
| and volunteer health care professionals and volunteer health care | 1109 |
| workers. The necessity and feasibility of the program shall be | 1110 |
| reviewed as part of the next biennial budget. | 1111 |
| The foregoing appropriation item 440-459, Help Me Grow,
shall | 1122 |
|
be used by the Department of Health to distribute subsidies
to | 1123 |
|
counties to implement
the Help
Me Grow Program.
Appropriation
item | 1124 |
| 440-459, Help Me Grow, may be
used in
conjunction with
Temporary | 1125 |
| Assistance
for Needy Families
from the
Department of Job
and | 1126 |
| Family Services,
Early Intervention funding from the Department of | 1127 |
| Mental Retardation and Developmental Disabilities,
and in | 1128 |
| conjunction
with other early
childhood funds and services
to | 1129 |
| promote the
optimal development of
young children. Local
contracts | 1130 |
| shall be
developed between local
departments of job and
family | 1131 |
| services and
family and children
first councils for the | 1132 |
|
administration of TANF
funding for the Help
Me Grow Program. The | 1133 |
|
Department of Health
shall enter into an
interagency agreement | 1134 |
|
with the Department of
Education, Department of Mental Retardation | 1135 |
| and Developmental Disabilities, Department of Job and Family | 1136 |
| Services, and Department of Mental Health to ensure that all early | 1137 |
| childhood programs and initiatives are coordinated
and school | 1138 |
| linked. | 1139 |
| Of the foregoing appropriation item 440-507, Targeted Health | 1145 |
| Care Services Over 21, $850,000 in fiscal year 2006 and $950,000 | 1146 |
| in fiscal year 2007 shall be used to provide essential medications | 1147 |
| and to pay the copayments for drugs approved by the Department of | 1148 |
| Health and covered by Medicare Part D that are dispensed to Bureau | 1149 |
| for Children with Medical Handicaps (BCMH) participants, in | 1150 |
accordance with the section of this actAm. Sub. H.B. 530 of the | 1151 |
| 126th General Assembly entitled "BCMH - MEDICARE PART D | 1152 |
| COPAYMENTS" for the cystic fibrosis program. | 1153 |
| Of the foregoing appropriation item 440-601, Maternal Child | 1155 |
Health Block Grant
(Fund 320), $2,091,299 shall be used in each | 1156 |
fiscal year 2006 for the purposes of
abstinence-only education | 1157 |
| programs. The
Director of Health shall develop guidelines
for the | 1158 |
| establishment
of abstinence programs for teenagers with the | 1159 |
| purpose of
decreasing unplanned pregnancies and abortion. The | 1160 |
| guidelines
shall be
developed under Title V of the
"Social | 1161 |
| Security Act," 42
U.S.C. 510, and shall include, but are not | 1162 |
| limited to,
advertising
campaigns and direct training in schools | 1163 |
| and other
locations. | 1164 |
| At the end of fiscal year 2006, any unencumbered and | 1165 |
| unallotted funds that were earmarked for abstinence-only programs | 1166 |
| in appropriation item 440-601, Maternal Child Health Block Grant | 1167 |
| (Fund 320), shall instead be used by the Director of Health in the | 1168 |
| following manner: not more than thirty per cent of the funds shall | 1169 |
| be allocated to emergency contraception education and information | 1170 |
| programs as described in section 3701.135 of the Revised Code; not | 1171 |
| more than twenty per cent shall be allocated to training programs | 1172 |
| on emergency contraception drug therapy initiation and | 1173 |
| distribution as described in section 4729.452 of the Revised Code; | 1174 |
| and not more than fifty per cent shall be allocated to teenage | 1175 |
| pregnancy prevention grant programs as described in section | 1176 |
| 3701.047 of the Revised Code. | 1177 |
|
Of the foregoing appropriation item 440-601, Maternal Child | 1178 |
| Health Block Grant (Fund 320), $2,091,299 shall be used for | 1179 |
| emergency contraception education and information, emergency | 1180 |
| contraception drug therapy initiation and distribution training, | 1181 |
| and teenage pregnancy prevention grant programs. Of the $2,091,299 | 1182 |
| earmarked, not more than thirty per cent of the funds shall be | 1183 |
| allocated to emergency contraception education and information | 1184 |
| programs as described in section 3701.135 of the Revised Code; not | 1185 |
| more than twenty per cent shall be allocated to training programs | 1186 |
| on emergency contraception drug therapy initiation and | 1187 |
| distribution as described in section 4729.452 of the Revised Code; | 1188 |
| and not more than fifty per cent shall be allocated to teenage | 1189 |
| pregnancy prevention grant programs as described in section | 1190 |
| 3701.047 of the Revised Code. | 1191 |
| The Medically Handicapped Children Audit Fund (Fund 477) | 1203 |
|
shall receive revenue from audits of hospitals and recoveries
from | 1204 |
|
third-party payers. Moneys may be expended for payment of
audit | 1205 |
|
settlements and for costs directly related to obtaining
recoveries | 1206 |
|
from third-party payers and for encouraging Medically
Handicapped | 1207 |
|
Children's Program recipients to apply for
third-party benefits. | 1208 |
|
Moneys also may be expended for payments
for diagnostic and | 1209 |
|
treatment services on behalf of medically
handicapped children, as | 1210 |
|
defined in division (A) of section
3701.022 of the Revised Code, | 1211 |
|
and Ohio residents who are twenty-one
or more years of age and who | 1212 |
|
are suffering from cystic fibrosis or hemophilia. Moneys may also | 1213 |
| be expended
for administrative expenses incurred in operating the | 1214 |
| Medically
Handicapped Children's Program. | 1215 |
| Section 8. Section 1751.661 of the Revised Code shall apply | 1238 |
|
only to policies, contracts, and agreements that are delivered, | 1239 |
|
issued for delivery, or renewed in this state on or after the | 1240 |
|
effective date of this act; section 3923.602 of the Revised Code | 1241 |
|
shall apply to policies of sickness and accident insurance on or | 1242 |
|
after the effective date of this act in accordance with section | 1243 |
|
3923.01 of the Revised Code; and section 3923.611 of the Revised | 1244 |
|
Code shall apply only to plans that are established or modified in | 1245 |
|
this state on or after the effective date of this act. | 1246 |