As Introduced

127th General Assembly Regular Session 2007-2008

S. B. No. 230

Senator Cates 

Cosponsors: Senators Mumper, Buehrer, Schuring, Padgett, Faber, Gardner, Austria, Schaffer 

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A BILL

To amend section 4731.22 and to enact section

1

2317.561 of the Revised Code to require that a

2

woman who is to have an abortion be given the

3

opportunity to view any available obstetric

4

ultrasound image.

5

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 4731.22 be amended and section	6
2317.561 of the Revised Code be enacted to read as follows:	7

Sec. 2317.561. In addition to the requirements in section	8
2317.56 of the Revised Code, if an obstetric ultrasound	9
examination is performed at any time prior to the performance or	10
inducement of an abortion or the physician performing or inducing	11
the abortion determines that an ultrasound examination will be	12
performed as part of the abortion procedure, the physician shall	13
do both of the following prior to the performance or inducement of	14
the abortion:	15

(A) Provide the pregnant woman receiving the abortion the	16
opportunity to view the active ultrasound image of the embryo or	17
fetus;	18

(B) Offer to provide the pregnant woman with a physical	19
picture of the ultrasound image of the embryo or fetus.	20

The requirements of division (A) of this section shall be	21
performed at no additional charge to the pregnant woman.	22

Sec. 4731.22.  (A) The state medical board, by an affirmative	23
vote of not fewer than six of its members, may revoke or may	24
refuse to grant a certificate to a person found by the board to	25
have committed fraud during the administration of the examination	26
for a certificate to practice or to have committed fraud,	27
misrepresentation, or deception in applying for or securing any	28
certificate to practice or certificate of registration issued by	29
the board.	30

(B) The board, by an affirmative vote of not fewer than six	31
members, shall, to the extent permitted by law, limit, revoke, or	32
suspend an individual's certificate to practice, refuse to	33
register an individual, refuse to reinstate a certificate, or	34
reprimand or place on probation the holder of a certificate for	35
one or more of the following reasons:	36

(1) Permitting one's name or one's certificate to practice or	37
certificate of registration to be used by a person, group, or	38
corporation when the individual concerned is not actually	39
directing the treatment given;	40

(2) Failure to maintain minimal standards applicable to the	41
selection or administration of drugs, or failure to employ	42
acceptable scientific methods in the selection of drugs or other	43
modalities for treatment of disease;	44

(3) Selling, giving away, personally furnishing, prescribing,	45
or administering drugs for other than legal and legitimate	46
therapeutic purposes or a plea of guilty to, a judicial finding of	47
guilt of, or a judicial finding of eligibility for intervention in	48
lieu of conviction of, a violation of any federal or state law	49
regulating the possession, distribution, or use of any drug;	50

(4) Willfully betraying a professional confidence.

51

For purposes of this division, "willfully betraying a	52
professional confidence" does not include providing any	53
information, documents, or reports to a child fatality review	54
board under sections 307.621 to 307.629 of the Revised Code and	55
does not include the making of a report of an employee's use of a	56
drug of abuse, or a report of a condition of an employee other	57
than one involving the use of a drug of abuse, to the employer of	58
the employee as described in division (B) of section 2305.33 of	59
the Revised Code. Nothing in this division affects the immunity	60
from civil liability conferred by that section upon a physician	61
who makes either type of report in accordance with division (B) of	62
that section. As used in this division, "employee," "employer,"	63
and "physician" have the same meanings as in section 2305.33 of	64
the Revised Code.	65

(5) Making a false, fraudulent, deceptive, or misleading	66
statement in the solicitation of or advertising for patients; in	67
relation to the practice of medicine and surgery, osteopathic	68
medicine and surgery, podiatric medicine and surgery, or a limited	69
branch of medicine; or in securing or attempting to secure any	70
certificate to practice or certificate of registration issued by	71
the board.	72

As used in this division, "false, fraudulent, deceptive, or	73
misleading statement" means a statement that includes a	74
misrepresentation of fact, is likely to mislead or deceive because	75
of a failure to disclose material facts, is intended or is likely	76
to create false or unjustified expectations of favorable results,	77
or includes representations or implications that in reasonable	78
probability will cause an ordinarily prudent person to	79
misunderstand or be deceived.	80

(6) A departure from, or the failure to conform to, minimal	81
standards of care of similar practitioners under the same or	82
similar circumstances, whether or not actual injury to a patient	83
is established;	84

(7) Representing, with the purpose of obtaining compensation	85
or other advantage as personal gain or for any other person, that	86
an incurable disease or injury, or other incurable condition, can	87
be permanently cured;	88

(8) The obtaining of, or attempting to obtain, money or	89
anything of value by fraudulent misrepresentations in the course	90
of practice;	91

(9) A plea of guilty to, a judicial finding of guilt of, or a	92
judicial finding of eligibility for intervention in lieu of	93
conviction for, a felony;	94

(10) Commission of an act that constitutes a felony in this	95
state, regardless of the jurisdiction in which the act was	96
committed;	97

(11) A plea of guilty to, a judicial finding of guilt of, or	98
a judicial finding of eligibility for intervention in lieu of	99
conviction for, a misdemeanor committed in the course of practice;	100

(12) Commission of an act in the course of practice that	101
constitutes a misdemeanor in this state, regardless of the	102
jurisdiction in which the act was committed;	103

(13) A plea of guilty to, a judicial finding of guilt of, or	104
a judicial finding of eligibility for intervention in lieu of	105
conviction for, a misdemeanor involving moral turpitude;	106

(14) Commission of an act involving moral turpitude that	107
constitutes a misdemeanor in this state, regardless of the	108
jurisdiction in which the act was committed;	109

(15) Violation of the conditions of limitation placed by the	110
board upon a certificate to practice;	111

(16) Failure to pay license renewal fees specified in this	112
chapter;	113

(17) Except as authorized in section 4731.31 of the Revised	114
Code, engaging in the division of fees for referral of patients,	115
or the receiving of a thing of value in return for a specific	116
referral of a patient to utilize a particular service or business;	117

(18) Subject to section 4731.226 of the Revised Code,	118
violation of any provision of a code of ethics of the American	119
medical association, the American osteopathic association, the	120
American podiatric medical association, or any other national	121
professional organizations that the board specifies by rule. The	122
state medical board shall obtain and keep on file current copies	123
of the codes of ethics of the various national professional	124
organizations. The individual whose certificate is being suspended	125
or revoked shall not be found to have violated any provision of a	126
code of ethics of an organization not appropriate to the	127
individual's profession.	128

For purposes of this division, a "provision of a code of	129
ethics of a national professional organization" does not include	130
any provision that would preclude the making of a report by a	131
physician of an employee's use of a drug of abuse, or of a	132
condition of an employee other than one involving the use of a	133
drug of abuse, to the employer of the employee as described in	134
division (B) of section 2305.33 of the Revised Code. Nothing in	135
this division affects the immunity from civil liability conferred	136
by that section upon a physician who makes either type of report	137
in accordance with division (B) of that section. As used in this	138
division, "employee," "employer," and "physician" have the same	139
meanings as in section 2305.33 of the Revised Code.	140

(19) Inability to practice according to acceptable and	141
prevailing standards of care by reason of mental illness or	142
physical illness, including, but not limited to, physical	143
deterioration that adversely affects cognitive, motor, or	144
perceptive skills.	145

In enforcing this division, the board, upon a showing of a	146
possible violation, may compel any individual authorized to	147
practice by this chapter or who has submitted an application	148
pursuant to this chapter to submit to a mental examination,	149
physical examination, including an HIV test, or both a mental and	150
a physical examination. The expense of the examination is the	151
responsibility of the individual compelled to be examined. Failure	152
to submit to a mental or physical examination or consent to an HIV	153
test ordered by the board constitutes an admission of the	154
allegations against the individual unless the failure is due to	155
circumstances beyond the individual's control, and a default and	156
final order may be entered without the taking of testimony or	157
presentation of evidence. If the board finds an individual unable	158
to practice because of the reasons set forth in this division, the	159
board shall require the individual to submit to care, counseling,	160
or treatment by physicians approved or designated by the board, as	161
a condition for initial, continued, reinstated, or renewed	162
authority to practice. An individual affected under this division	163
shall be afforded an opportunity to demonstrate to the board the	164
ability to resume practice in compliance with acceptable and	165
prevailing standards under the provisions of the individual's	166
certificate. For the purpose of this division, any individual who	167
applies for or receives a certificate to practice under this	168
chapter accepts the privilege of practicing in this state and, by	169
so doing, shall be deemed to have given consent to submit to a	170
mental or physical examination when directed to do so in writing	171
by the board, and to have waived all objections to the	172
admissibility of testimony or examination reports that constitute	173
a privileged communication.	174

(20) Except when civil penalties are imposed under section	175
4731.225 or 4731.281 of the Revised Code, and subject to section	176
4731.226 of the Revised Code, violating or attempting to violate,	177
directly or indirectly, or assisting in or abetting the violation	178
of, or conspiring to violate, any provisions of this chapter or	179
any rule promulgated by the board.	180

This division does not apply to a violation or attempted	181
violation of, assisting in or abetting the violation of, or a	182
conspiracy to violate, any provision of this chapter or any rule	183
adopted by the board that would preclude the making of a report by	184
a physician of an employee's use of a drug of abuse, or of a	185
condition of an employee other than one involving the use of a	186
drug of abuse, to the employer of the employee as described in	187
division (B) of section 2305.33 of the Revised Code. Nothing in	188
this division affects the immunity from civil liability conferred	189
by that section upon a physician who makes either type of report	190
in accordance with division (B) of that section. As used in this	191
division, "employee," "employer," and "physician" have the same	192
meanings as in section 2305.33 of the Revised Code.	193

(21) The violation of section 3701.79 of the Revised Code or	194
of any abortion rule adopted by the public health council pursuant	195
to section 3701.341 of the Revised Code;	196

(22) Any of the following actions taken by the agency	197
responsible for regulating the practice of medicine and surgery,	198
osteopathic medicine and surgery, podiatric medicine and surgery,	199
or the limited branches of medicine in another jurisdiction, for	200
any reason other than the nonpayment of fees: the limitation,	201
revocation, or suspension of an individual's license to practice;	202
acceptance of an individual's license surrender; denial of a	203
license; refusal to renew or reinstate a license; imposition of	204
probation; or issuance of an order of censure or other reprimand;	205

(23) The violation of section 2919.12 of the Revised Code or	206
the performance or inducement of an abortion upon a pregnant woman	207
with actual knowledge that the conditions specified in division	208
(B) of section 2317.56 of the Revised Code have not been satisfied	209
or with a heedless indifference as to whether those conditions	210
have been satisfied, unless an affirmative defense as specified in	211
division (H)(2) of that section would apply in a civil action	212
authorized by division (H)(1) of that section;	213

(24) The revocation, suspension, restriction, reduction, or	214
termination of clinical privileges by the United States department	215
of defense or department of veterans affairs or the termination or	216
suspension of a certificate of registration to prescribe drugs by	217
the drug enforcement administration of the United States	218
department of justice;	219

(25) Termination or suspension from participation in the	220
medicare or medicaid programs by the department of health and	221
human services or other responsible agency for any act or acts	222
that also would constitute a violation of division (B)(2), (3),	223
(6), (8), or (19) of this section;	224

(26) Impairment of ability to practice according to	225
acceptable and prevailing standards of care because of habitual or	226
excessive use or abuse of drugs, alcohol, or other substances that	227
impair ability to practice.	228

For the purposes of this division, any individual authorized	229
to practice by this chapter accepts the privilege of practicing in	230
this state subject to supervision by the board. By filing an	231
application for or holding a certificate to practice under this	232
chapter, an individual shall be deemed to have given consent to	233
submit to a mental or physical examination when ordered to do so	234
by the board in writing, and to have waived all objections to the	235
admissibility of testimony or examination reports that constitute	236
privileged communications.	237

If it has reason to believe that any individual authorized to	238
practice by this chapter or any applicant for certification to	239
practice suffers such impairment, the board may compel the	240
individual to submit to a mental or physical examination, or both.	241
The expense of the examination is the responsibility of the	242
individual compelled to be examined. Any mental or physical	243
examination required under this division shall be undertaken by a	244
treatment provider or physician who is qualified to conduct the	245
examination and who is chosen by the board.	246

Failure to submit to a mental or physical examination ordered	247
by the board constitutes an admission of the allegations against	248
the individual unless the failure is due to circumstances beyond	249
the individual's control, and a default and final order may be	250
entered without the taking of testimony or presentation of	251
evidence. If the board determines that the individual's ability to	252
practice is impaired, the board shall suspend the individual's	253
certificate or deny the individual's application and shall require	254
the individual, as a condition for initial, continued, reinstated,	255
or renewed certification to practice, to submit to treatment.	256

Before being eligible to apply for reinstatement of a	257
certificate suspended under this division, the impaired	258
practitioner shall demonstrate to the board the ability to resume	259
practice in compliance with acceptable and prevailing standards of	260
care under the provisions of the practitioner's certificate. The	261
demonstration shall include, but shall not be limited to, the	262
following:	263

(a) Certification from a treatment provider approved under	264
section 4731.25 of the Revised Code that the individual has	265
successfully completed any required inpatient treatment;	266

(b) Evidence of continuing full compliance with an aftercare	267
contract or consent agreement;	268

(c) Two written reports indicating that the individual's	269
ability to practice has been assessed and that the individual has	270
been found capable of practicing according to acceptable and	271
prevailing standards of care. The reports shall be made by	272
individuals or providers approved by the board for making the	273
assessments and shall describe the basis for their determination.	274

The board may reinstate a certificate suspended under this	275
division after that demonstration and after the individual has	276
entered into a written consent agreement.	277

When the impaired practitioner resumes practice, the board	278
shall require continued monitoring of the individual. The	279
monitoring shall include, but not be limited to, compliance with	280
the written consent agreement entered into before reinstatement or	281
with conditions imposed by board order after a hearing, and, upon	282
termination of the consent agreement, submission to the board for	283
at least two years of annual written progress reports made under	284
penalty of perjury stating whether the individual has maintained	285
sobriety.	286

(27) A second or subsequent violation of section 4731.66 or	287
4731.69 of the Revised Code;	288

(28) Except as provided in division (N) of this section:

289

(a) Waiving the payment of all or any part of a deductible or	290
copayment that a patient, pursuant to a health insurance or health	291
care policy, contract, or plan that covers the individual's	292
services, otherwise would be required to pay if the waiver is used	293
as an enticement to a patient or group of patients to receive	294
health care services from that individual;	295

(b) Advertising that the individual will waive the payment of	296
all or any part of a deductible or copayment that a patient,	297
pursuant to a health insurance or health care policy, contract, or	298
plan that covers the individual's services, otherwise would be	299
required to pay.	300

(29) Failure to use universal blood and body fluid	301
precautions established by rules adopted under section 4731.051 of	302
the Revised Code;	303

(30) Failure to provide notice to, and receive acknowledgment	304
of the notice from, a patient when required by section 4731.143 of	305
the Revised Code prior to providing nonemergency professional	306
services, or failure to maintain that notice in the patient's	307
file;	308

(31) Failure of a physician supervising a physician assistant	309
to maintain supervision in accordance with the requirements of	310
Chapter 4730. of the Revised Code and the rules adopted under that	311
chapter;	312

(32) Failure of a physician or podiatrist to enter into a	313
standard care arrangement with a clinical nurse specialist,	314
certified nurse-midwife, or certified nurse practitioner with whom	315
the physician or podiatrist is in collaboration pursuant to	316
section 4731.27 of the Revised Code or failure to fulfill the	317
responsibilities of collaboration after entering into a standard	318
care arrangement;	319

(33) Failure to comply with the terms of a consult agreement	320
entered into with a pharmacist pursuant to section 4729.39 of the	321
Revised Code;	322

(34) Failure to cooperate in an investigation conducted by	323
the board under division (F) of this section, including failure to	324
comply with a subpoena or order issued by the board or failure to	325
answer truthfully a question presented by the board at a	326
deposition or in written interrogatories, except that failure to	327
cooperate with an investigation shall not constitute grounds for	328
discipline under this section if a court of competent jurisdiction	329
has issued an order that either quashes a subpoena or permits the	330
individual to withhold the testimony or evidence in issue;	331

(35) Failure to supervise an acupuncturist in accordance with	332
Chapter 4762. of the Revised Code and the board's rules for	333
supervision of an acupuncturist;	334

(36) Failure to supervise an anesthesiologist assistant in	335
accordance with Chapter 4760. of the Revised Code and the board's	336
rules for supervision of an anesthesiologist assistant;	337

(37) Assisting suicide as defined in section 3795.01 of the	338
Revised Code;	339

(38) Failure to comply with the requirements of section	340
2317.561 of the Revised Code.	341

(C) Disciplinary actions taken by the board under divisions	342
(A) and (B) of this section shall be taken pursuant to an	343
adjudication under Chapter 119. of the Revised Code, except that	344
in lieu of an adjudication, the board may enter into a consent	345
agreement with an individual to resolve an allegation of a	346
violation of this chapter or any rule adopted under it. A consent	347
agreement, when ratified by an affirmative vote of not fewer than	348
six members of the board, shall constitute the findings and order	349
of the board with respect to the matter addressed in the	350
agreement. If the board refuses to ratify a consent agreement, the	351
admissions and findings contained in the consent agreement shall	352
be of no force or effect.	353

If the board takes disciplinary action against an individual	354
under division (B) of this section for a second or subsequent plea	355
of guilty to, or judicial finding of guilt of, a violation of	356
section 2919.123 of the Revised Code, the disciplinary action	357
shall consist of a suspension of the individual's certificate to	358
practice for a period of at least one year or, if determined	359
appropriate by the board, a more serious sanction involving the	360
individual's certificate to practice. Any consent agreement	361
entered into under this division with an individual that pertains	362
to a second or subsequent plea of guilty to, or judicial finding	363
of guilt of, a violation of that section shall provide for a	364
suspension of the individual's certificate to practice for a	365
period of at least one year or, if determined appropriate by the	366
board, a more serious sanction involving the individual's	367
certificate to practice.	368

(D) For purposes of divisions (B)(10), (12), and (14) of this	369
section, the commission of the act may be established by a finding	370
by the board, pursuant to an adjudication under Chapter 119. of	371
the Revised Code, that the individual committed the act. The board	372
does not have jurisdiction under those divisions if the trial	373
court renders a final judgment in the individual's favor and that	374
judgment is based upon an adjudication on the merits. The board	375
has jurisdiction under those divisions if the trial court issues	376
an order of dismissal upon technical or procedural grounds.	377

(E) The sealing of conviction records by any court shall have	378
no effect upon a prior board order entered under this section or	379
upon the board's jurisdiction to take action under this section	380
if, based upon a plea of guilty, a judicial finding of guilt, or a	381
judicial finding of eligibility for intervention in lieu of	382
conviction, the board issued a notice of opportunity for a hearing	383
prior to the court's order to seal the records. The board shall	384
not be required to seal, destroy, redact, or otherwise modify its	385
records to reflect the court's sealing of conviction records.	386

(F)(1) The board shall investigate evidence that appears to	387
show that a person has violated any provision of this chapter or	388
any rule adopted under it. Any person may report to the board in a	389
signed writing any information that the person may have that	390
appears to show a violation of any provision of this chapter or	391
any rule adopted under it. In the absence of bad faith, any person	392
who reports information of that nature or who testifies before the	393
board in any adjudication conducted under Chapter 119. of the	394
Revised Code shall not be liable in damages in a civil action as a	395
result of the report or testimony. Each complaint or allegation of	396
a violation received by the board shall be assigned a case number	397
and shall be recorded by the board.	398

(2) Investigations of alleged violations of this chapter or	399
any rule adopted under it shall be supervised by the supervising	400
member elected by the board in accordance with section 4731.02 of	401
the Revised Code and by the secretary as provided in section	402
4731.39 of the Revised Code. The president may designate another	403
member of the board to supervise the investigation in place of the	404
supervising member. No member of the board who supervises the	405
investigation of a case shall participate in further adjudication	406
of the case.	407

(3) In investigating a possible violation of this chapter or	408
any rule adopted under this chapter, the board may administer	409
oaths, order the taking of depositions, issue subpoenas, and	410
compel the attendance of witnesses and production of books,	411
accounts, papers, records, documents, and testimony, except that a	412
subpoena for patient record information shall not be issued	413
without consultation with the attorney general's office and	414
approval of the secretary and supervising member of the board.	415
Before issuance of a subpoena for patient record information, the	416
secretary and supervising member shall determine whether there is	417
probable cause to believe that the complaint filed alleges a	418
violation of this chapter or any rule adopted under it and that	419
the records sought are relevant to the alleged violation and	420
material to the investigation. The subpoena may apply only to	421
records that cover a reasonable period of time surrounding the	422
alleged violation.	423

On failure to comply with any subpoena issued by the board	424
and after reasonable notice to the person being subpoenaed, the	425
board may move for an order compelling the production of persons	426
or records pursuant to the Rules of Civil Procedure.	427

A subpoena issued by the board may be served by a sheriff,	428
the sheriff's deputy, or a board employee designated by the board.	429
Service of a subpoena issued by the board may be made by	430
delivering a copy of the subpoena to the person named therein,	431
reading it to the person, or leaving it at the person's usual	432
place of residence. When the person being served is a person whose	433
practice is authorized by this chapter, service of the subpoena	434
may be made by certified mail, restricted delivery, return receipt	435
requested, and the subpoena shall be deemed served on the date	436
delivery is made or the date the person refuses to accept	437
delivery.	438

A sheriff's deputy who serves a subpoena shall receive the	439
same fees as a sheriff. Each witness who appears before the board	440
in obedience to a subpoena shall receive the fees and mileage	441
provided for witnesses in civil cases in the courts of common	442
pleas.	443

(4) All hearings and investigations of the board shall be	444
considered civil actions for the purposes of section 2305.252 of	445
the Revised Code.	446

(5) Information received by the board pursuant to an	447
investigation is confidential and not subject to discovery in any	448
civil action.	449

The board shall conduct all investigations and proceedings in	450
a manner that protects the confidentiality of patients and persons	451
who file complaints with the board. The board shall not make	452
public the names or any other identifying information about	453
patients or complainants unless proper consent is given or, in the	454
case of a patient, a waiver of the patient privilege exists under	455
division (B) of section 2317.02 of the Revised Code, except that	456
consent or a waiver of that nature is not required if the board	457
possesses reliable and substantial evidence that no bona fide	458
physician-patient relationship exists.	459

The board may share any information it receives pursuant to	460
an investigation, including patient records and patient record	461
information, with law enforcement agencies, other licensing	462
boards, and other governmental agencies that are prosecuting,	463
adjudicating, or investigating alleged violations of statutes or	464
administrative rules. An agency or board that receives the	465
information shall comply with the same requirements regarding	466
confidentiality as those with which the state medical board must	467
comply, notwithstanding any conflicting provision of the Revised	468
Code or procedure of the agency or board that applies when it is	469
dealing with other information in its possession. In a judicial	470
proceeding, the information may be admitted into evidence only in	471
accordance with the Rules of Evidence, but the court shall require	472
that appropriate measures are taken to ensure that confidentiality	473
is maintained with respect to any part of the information that	474
contains names or other identifying information about patients or	475
complainants whose confidentiality was protected by the state	476
medical board when the information was in the board's possession.	477
Measures to ensure confidentiality that may be taken by the court	478
include sealing its records or deleting specific information from	479
its records.	480

(6) On a quarterly basis, the board shall prepare a report	481
that documents the disposition of all cases during the preceding	482
three months. The report shall contain the following information	483
for each case with which the board has completed its activities:	484

(a) The case number assigned to the complaint or alleged	485
violation;	486

(b) The type of certificate to practice, if any, held by the	487
individual against whom the complaint is directed;	488

(c) A description of the allegations contained in the	489
complaint;	490

(d) The disposition of the case.

491

The report shall state how many cases are still pending and	492
shall be prepared in a manner that protects the identity of each	493
person involved in each case. The report shall be a public record	494
under section 149.43 of the Revised Code.	495

(G) If the secretary and supervising member determine that	496
there is clear and convincing evidence that an individual has	497
violated division (B) of this section and that the individual's	498
continued practice presents a danger of immediate and serious harm	499
to the public, they may recommend that the board suspend the	500
individual's certificate to practice without a prior hearing.	501
Written allegations shall be prepared for consideration by the	502
board.	503

The board, upon review of those allegations and by an	504
affirmative vote of not fewer than six of its members, excluding	505
the secretary and supervising member, may suspend a certificate	506
without a prior hearing. A telephone conference call may be	507
utilized for reviewing the allegations and taking the vote on the	508
summary suspension.	509

The board shall issue a written order of suspension by	510
certified mail or in person in accordance with section 119.07 of	511
the Revised Code. The order shall not be subject to suspension by	512
the court during pendency of any appeal filed under section 119.12	513
of the Revised Code. If the individual subject to the summary	514
suspension requests an adjudicatory hearing by the board, the date	515
set for the hearing shall be within fifteen days, but not earlier	516
than seven days, after the individual requests the hearing, unless	517
otherwise agreed to by both the board and the individual.	518

Any summary suspension imposed under this division shall	519
remain in effect, unless reversed on appeal, until a final	520
adjudicative order issued by the board pursuant to this section	521
and Chapter 119. of the Revised Code becomes effective. The board	522
shall issue its final adjudicative order within seventy-five days	523
after completion of its hearing. A failure to issue the order	524
within seventy-five days shall result in dissolution of the	525
summary suspension order but shall not invalidate any subsequent,	526
final adjudicative order.	527

(H) If the board takes action under division (B)(9), (11), or	528
(13) of this section and the judicial finding of guilt, guilty	529
plea, or judicial finding of eligibility for intervention in lieu	530
of conviction is overturned on appeal, upon exhaustion of the	531
criminal appeal, a petition for reconsideration of the order may	532
be filed with the board along with appropriate court documents.	533
Upon receipt of a petition of that nature and supporting court	534
documents, the board shall reinstate the individual's certificate	535
to practice. The board may then hold an adjudication under Chapter	536
119. of the Revised Code to determine whether the individual	537
committed the act in question. Notice of an opportunity for a	538
hearing shall be given in accordance with Chapter 119. of the	539
Revised Code. If the board finds, pursuant to an adjudication held	540
under this division, that the individual committed the act or if	541
no hearing is requested, the board may order any of the sanctions	542
identified under division (B) of this section.	543

(I) The certificate to practice issued to an individual under	544
this chapter and the individual's practice in this state are	545
automatically suspended as of the date of the individual's second	546
or subsequent plea of guilty to, or judicial finding of guilt of,	547
a violation of section 2919.123 of the Revised Code, or the date	548
the individual pleads guilty to, is found by a judge or jury to be	549
guilty of, or is subject to a judicial finding of eligibility for	550
intervention in lieu of conviction in this state or treatment or	551
intervention in lieu of conviction in another jurisdiction for any	552
of the following criminal offenses in this state or a	553
substantially equivalent criminal offense in another jurisdiction:	554
aggravated murder, murder, voluntary manslaughter, felonious	555
assault, kidnapping, rape, sexual battery, gross sexual	556
imposition, aggravated arson, aggravated robbery, or aggravated	557
burglary. Continued practice after suspension shall be considered	558
practicing without a certificate.	559

The board shall notify the individual subject to the	560
suspension by certified mail or in person in accordance with	561
section 119.07 of the Revised Code. If an individual whose	562
certificate is automatically suspended under this division fails	563
to make a timely request for an adjudication under Chapter 119. of	564
the Revised Code, the board shall do whichever of the following is	565
applicable:	566

(1) If the automatic suspension under this division is for a	567
second or subsequent plea of guilty to, or judicial finding of	568
guilt of, a violation of section 2919.123 of the Revised Code, the	569
board shall enter an order suspending the individual's certificate	570
to practice for a period of at least one year or, if determined	571
appropriate by the board, imposing a more serious sanction	572
involving the individual's certificate to practice.	573

(2) In all circumstances in which division (I)(1) of this	574
section does not apply, enter a final order permanently revoking	575
the individual's certificate to practice.	576

(J) If the board is required by Chapter 119. of the Revised	577
Code to give notice of an opportunity for a hearing and if the	578
individual subject to the notice does not timely request a hearing	579
in accordance with section 119.07 of the Revised Code, the board	580
is not required to hold a hearing, but may adopt, by an	581
affirmative vote of not fewer than six of its members, a final	582
order that contains the board's findings. In that final order, the	583
board may order any of the sanctions identified under division (A)	584
or (B) of this section.	585

(K) Any action taken by the board under division (B) of this	586
section resulting in a suspension from practice shall be	587
accompanied by a written statement of the conditions under which	588
the individual's certificate to practice may be reinstated. The	589
board shall adopt rules governing conditions to be imposed for	590
reinstatement. Reinstatement of a certificate suspended pursuant	591
to division (B) of this section requires an affirmative vote of	592
not fewer than six members of the board.	593

(L) When the board refuses to grant a certificate to an	594
applicant, revokes an individual's certificate to practice,	595
refuses to register an applicant, or refuses to reinstate an	596
individual's certificate to practice, the board may specify that	597
its action is permanent. An individual subject to a permanent	598
action taken by the board is forever thereafter ineligible to hold	599
a certificate to practice and the board shall not accept an	600
application for reinstatement of the certificate or for issuance	601
of a new certificate.	602

(M) Notwithstanding any other provision of the Revised Code,	603
all of the following apply:	604

(1) The surrender of a certificate issued under this chapter	605
shall not be effective unless or until accepted by the board.	606
Reinstatement of a certificate surrendered to the board requires	607
an affirmative vote of not fewer than six members of the board.	608

(2) An application for a certificate made under the	609
provisions of this chapter may not be withdrawn without approval	610
of the board.	611

(3) Failure by an individual to renew a certificate of	612
registration in accordance with this chapter shall not remove or	613
limit the board's jurisdiction to take any disciplinary action	614
under this section against the individual.	615

(N) Sanctions shall not be imposed under division (B)(28) of	616
this section against any person who waives deductibles and	617
copayments as follows:	618

(1) In compliance with the health benefit plan that expressly	619
allows such a practice. Waiver of the deductibles or copayments	620
shall be made only with the full knowledge and consent of the plan	621
purchaser, payer, and third-party administrator. Documentation of	622
the consent shall be made available to the board upon request.	623

(2) For professional services rendered to any other person	624
authorized to practice pursuant to this chapter, to the extent	625
allowed by this chapter and rules adopted by the board.	626

(O) Under the board's investigative duties described in this	627
section and subject to division (F) of this section, the board	628
shall develop and implement a quality intervention program	629
designed to improve through remedial education the clinical and	630
communication skills of individuals authorized under this chapter	631
to practice medicine and surgery, osteopathic medicine and	632
surgery, and podiatric medicine and surgery. In developing and	633
implementing the quality intervention program, the board may do	634
all of the following:	635

(1) Offer in appropriate cases as determined by the board an	636
educational and assessment program pursuant to an investigation	637
the board conducts under this section;	638

(2) Select providers of educational and assessment services,	639
including a quality intervention program panel of case reviewers;	640

(3) Make referrals to educational and assessment service	641
providers and approve individual educational programs recommended	642
by those providers. The board shall monitor the progress of each	643
individual undertaking a recommended individual educational	644
program.	645

(4) Determine what constitutes successful completion of an	646
individual educational program and require further monitoring of	647
the individual who completed the program or other action that the	648
board determines to be appropriate;	649

(5) Adopt rules in accordance with Chapter 119. of the	650
Revised Code to further implement the quality intervention	651
program.	652

An individual who participates in an individual educational	653
program pursuant to this division shall pay the financial	654
obligations arising from that educational program.	655

Section 2. That existing section 4731.22 of the Revised Code	656
is hereby repealed.	657