As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 127

Representative Williams, S. 

Cosponsors: Representatives Brown, Mallory, Letson, Hagan, Harris 

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A BILL

To amend sections 3923.233, 3923.301, 4701.16,

1

4703.15, 4707.02, 4707.15, 4709.13, 4712.03,

2

4715.30, 4717.14, 4719.03, 4723.07, 4723.28,

3

4723.34, 4725.19, 4725.53, 4727.15, 4728.13,

4

4729.16, 4729.53, 4729.56, 4730.25, 4731.22,

5

4731.224, 4731.225, 4731.226, 4731.25, 4732.17,

6

4733.20, 4734.31, 4734.39, 4735.07, 4735.09,

7

4735.13, 4735.18, 4735.27, 4735.28, 4738.04,

8

4738.07, 4738.12, 4738.18, 4740.06, 4740.10,

9

4741.22, 4747.12, 4749.03, 4749.04, 4749.06,

10

4751.10, 4753.10, 4755.11, 4755.47, 4755.64,

11

4757.36, 4758.30, 4759.07, 4760.13, 4761.09,

12

4762.13, 4763.11, 4765.18, 4765.301, 4774.13,

13

4779.28, and 4781.09 and to enact section 4743.06

14

of the Revised Code to revise the laws governing

15

issuance of certain professional licenses.

16

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

Section 1.  That sections 3923.233, 3923.301, 4701.16,	17
4703.15, 4707.02, 4707.15, 4709.13, 4712.03, 4715.30, 4717.14,	18
4719.03, 4723.07, 4723.28, 4723.34, 4725.19, 4725.53, 4727.15,	19
4728.13, 4729.16, 4729.53, 4729.56, 4730.25, 4731.22, 4731.224,	20
4731.225, 4731.226, 4731.25, 4732.17, 4733.20, 4734.31, 4734.39,	21
4735.07, 4735.09, 4735.13, 4735.18, 4735.27, 4735.28, 4738.04,	22
4738.07, 4738.12, 4738.18, 4740.06, 4740.10, 4741.22, 4747.12,	23
4749.03, 4749.04, 4749.06, 4751.10, 4753.10, 4755.11, 4755.47,	24
4755.64, 4757.36, 4758.30, 4759.07, 4760.13, 4761.09, 4762.13,	25
4763.11, 4765.18, 4765.301, 4774.13, 4779.28, and 4781.09 be	26
amended and section 4743.06 of the Revised Code be enacted to	27
read as follows:	28

Sec. 3923.233.  Notwithstanding any provision of any	29
certificate furnished by an insurer in connection with or pursuant	30
to any group sickness and accident insurance policy delivered,	31
issued, renewed, or used, in or outside this state, on or after	32
January 1, 1985, and notwithstanding any provision of any policy	33
of insurance delivered, issued for delivery, renewed, or used, in	34
or outside this state, on or after January 1, 1985, whenever the	35
policy or certificate is subject to the jurisdiction of this state	36
and provides for reimbursement for any service that may be legally	37
performed by a certified nurse-midwife who is authorized under	38
section 4723.42 of the Revised Code to practice nurse-midwifery,	39
reimbursement under the policy or certificate shall not be denied	40
to a certified nurse-midwife performing the service in	41
collaboration with a licensed physician. The collaborating	42
physician shall be identified on an insurance claim form.	43

The cost of collaboration with a certified nurse-midwife by a	44
licensed physician as required under section 4723.43 of the	45
Revised Code is a reimbursable expense.	46

The division of any reimbursement payment for services	47
performed by a certified nurse-midwife between the nurse-midwife	48
and the nurse-midwife's collaborating physician shall be	49
determined and mutually agreed upon by the certified nurse-midwife	50
and the physician. The division of fees shall not be considered a	51
violation of division (B)(17)(13) of section 4731.22 of the	52
Revised Code. In no case shall the total fees charged exceed the	53
fee the physician would have charged had the physician provided	54
the entire service.	55

Sec. 3923.301.  Every person, the state and any of its	56
instrumentalities, any county, township, school district, or other	57
political subdivision and any of its instrumentalities, and any	58
municipal corporation and any of its instrumentalities that	59
provides payment for health care benefits for any of its employees	60
resident in this state, which benefits are not provided by	61
contract with an insurer qualified to provide sickness and	62
accident insurance or a health insuring corporation, and that	63
includes reimbursement for any service that may be legally	64
performed by a certified nurse-midwife who is authorized under	65
section 4723.42 of the Revised Code to practice nurse-midwifery,	66
shall not deny reimbursement to a certified nurse-midwife	67
performing the service if the service is performed in	68
collaboration with a licensed physician. The collaborating	69
physician shall be identified on the claim form.	70

The cost of collaboration with a certified nurse-midwife by a	71
licensed physician as required under section 4723.43 of the	72
Revised Code is a reimbursable expense.	73

The division of any reimbursement payment for services	74
performed by a certified nurse-midwife between the nurse-midwife	75
and the nurse-midwife's collaborating physician shall be	76
determined and mutually agreed upon by the certified nurse-midwife	77
and the physician. The division of fees shall not be considered a	78
violation of division (B)(17)(13) of section 4731.22 of the	79
Revised Code. In no case shall the total fees charged exceed the	80
fee the physician would have charged had the physician provided	81
the entire service.	82

Sec. 4701.16.  (A) After notice and hearing as provided in	83
Chapter 119. of the Revised Code, the accountancy board may	84
discipline as described in division (B) of this section a person	85
holding an Ohio permit, an Ohio registration, a firm registration,	86
a CPA certificate, or a PA registration or any other person whose	87
activities are regulated by the board for any one or any	88
combination of the following causes:	89

(1) Fraud or deceit in obtaining a firm registration or in	90
obtaining a CPA certificate, a PA registration, an Ohio permit, or	91
an Ohio registration;	92

(2) Dishonesty, fraud, or gross negligence in the practice of	93
public accounting;	94

(3) Violation of any of the provisions of section 4701.14 of	95
the Revised Code;	96

(4) Violation of a rule of professional conduct promulgated	97
by the board under the authority granted by this chapter;	98

(5) Conviction of or plea of guilty to a felonycriminal	99
offense that is substantially related to the practice of public	100
accounting under the laws of any state or of the United States;	101

(6) Conviction of any crime, an element of which is	102
dishonesty or fraud, under the laws of any state or of the United	103
States;	104

(7) Cancellation, revocation, suspension, or refusal to renew	105
authority to practice as a certified public accountant, a public	106
accountant, or a public accounting firm by any other state, for	107
any cause other than failure to pay registration fees in that	108
other state;	109

(8)(7) Suspension or revocation of the right to practice	110
before any state or federal agency;	111

(9)(8) Failure of a holder of a CPA certificate or PA	112
registration to obtain an Ohio permit or an Ohio registration, or	113
the failure of a public accounting firm to obtain a firm	114
registration;	115

(10)(9) Conduct discreditable to the public accounting	116
profession or to the holder of an Ohio permit, Ohio registration,	117
or foreign certificate;	118

(11)(10) Failure of a public accounting firm to comply with	119
section 4701.04 of the Revised Code.	120

(B) For any of the reasons specified in division (A) of this	121
section, the board may do any of the following:	122

(1) Revoke, suspend, or refuse to renew any CPA certificate	123
or PA registration or any Ohio permit, Ohio registration, or firm	124
registration;	125

(2) Disqualify a person who is not a holder of an Ohio permit	126
or a foreign certificate from owning an equity interest in a	127
public accounting firm or qualified firm;	128

(3) Publicly censure a registered firm or a holder of a CPA	129
certificate, a PA registration, an Ohio permit, or an Ohio	130
registration;	131

(4) Levy against a registered firm or a holder of a CPA	132
certificate, a PA registration, an Ohio permit, or an Ohio	133
registration a penalty or fine not to exceed five thousand dollars	134
for each offense. Any fine shall be reasonable and in relation to	135
the severity of the offense.	136

(5) In the case of violations of division (A)(2) or (4) of	137
this section, require completion of remedial continuing education	138
programs prescribed by the board in addition to those required by	139
section 4701.11 of the Revised Code;	140

(6) In the case of violations of division (A)(2) or (4) of	141
this section, require the holder of a CPA certificate, PA	142
registration, or firm registration to submit to a peer review by a	143
professional committee designated by the board, which committee	144
shall report to the board concerning that holder's compliance with	145
generally accepted accounting principles, generally accepted	146
auditing standards, or other generally accepted technical	147
standards;	148

(7) Revoke or suspend the privileges to offer or render	149
attest services in this state or to use a CPA title or designation	150
in this state of an individual who holds a foreign certificate.	151

(C) If the board levies a fine against or suspends the	152
certificate of a person or registration of a person or firm for a	153
violation of division (A)(2) or (4) of this section, it may waive	154
all or any portion of the fine or suspension if the holder of the	155
CPA certificate, PA registration, or firm registration complies	156
fully with division (B)(5) or (6) of this section.	157

(D) As used in this section, a "criminal offense that is	158
substantially related" has the same meaning as in section 4743.06	159
of the Revised Code.	160

Sec. 4703.15. (A) The architects board may by three	161
concurring votes deny renewal of, revoke, or suspend any	162
certificate of qualification to practice architecture, issued or	163
renewed under sections 4703.10, 4703.13, and 4703.14 of the	164
Revised Code, or any certificate of authorization, issued or	165
renewed under sections 4703.13 and 4703.18 of the Revised Code, if	166
proof satisfactory to the board is presented in any of the	167
following cases:	168

(1) In case it is shown that the certificate was obtained by	169
fraud;	170

(2) In case the holder of the certificate has been found	171
guilty by the board or by a court of justice of any fraud or	172
deceit in the holder's professional practice, or has been	173
convicted of a felony by a court of justice of, or pleaded guilty	174
in a court of justice to, a criminal offense that is substantially	175
related to the practice of architecture;	176

(3) In case the holder has been found guilty by the board of	177
gross negligence, incompetency, or misconduct in the performance	178
of the holder's services as an architect or in the practice of	179
architecture;	180

(4) In case the holder of the certificate has been found	181
guilty by the board of signing plans for the construction of a	182
building as a "registered architect" where the holder is not the	183
actual architect of such building and where the holder is without	184
prior written consent of the architect originating the design or	185
other documents used in the plans;	186

(5) In case the holder of the certificate has been found	187
guilty by the board of aiding and abetting another person or	188
persons not properly registered as required by sections 4703.01 to	189
4703.19 of the Revised Code, in the performance of activities that	190
in any manner or extent constitute the practice of architecture.	191

At any time after the expiration of six months from the date	192
of the revocation or suspension of a certificate, the individual,	193
firm, partnership, association, or corporation may apply for	194
reinstatement of the certificate. Upon showing that all loss	195
caused by the individual, firm, partnership, association, or	196
corporation whose certificate has been revoked or suspended has	197
been fully satisfied and that all conditions imposed by the	198
revocation or suspension decision have been complied with, and	199
upon the payment of all costs incurred by the board as a result of	200
the case at issue, the board, at its discretion and upon evidence	201
that in its opinion would so warrant, may restore the certificate.	202

(B) In addition to disciplinary action the board may take	203
against a certificate holder under division (A) of this section or	204
section 4703.151 of the Revised Code, the board may impose a fine	205
against a certificate holder who obtained a certificate by fraud	206
or who is found guilty of any act specified in divisions (A)(2) to	207
(A)(5) of this section or who violates any rule governing the	208
standards of service, conduct, and practice adopted pursuant to	209
section 4703.02 of the Revised Code. The fine imposed shall be not	210
more than one thousand dollars for each offense but shall not	211
exceed five thousand dollars regardless of the number of offenses	212
the certificate holder has committed between the time the fine is	213
imposed and the time any previous fine was imposed.	214

(C) As used in this section, a "criminal offense that is	215
substantially related" has the same meaning as in section 4743.06	216
of the Revised Code.	217

Sec. 4707.02. (A) No person shall act as an auction firm,	218
auctioneer, apprentice auctioneer, or special auctioneer within	219
this state without a license issued by the department of	220
agriculture. No auction shall be conducted in this state except	221
by an auctioneer licensed by the department.	222

The department shall not issue or renew a license if the	223
applicant or licensee has been convicted of a felony or crime	224
involving fraud or theftor pleaded guilty to a criminal offense	225
that is substantially related to the profession of an auction	226
firm, auctioneer, apprentice auctioneer, or special auctioneer in	227
this or another state at any time during the ten years	228
immediately preceding application or renewal.	229

(B) Division (A) of this section does not apply to any of	230
the following:	231

(1) Sales at auction that either are required by law to be	232
at auction, other than sales pursuant to a judicial order or	233
decree, or are conducted by or under the direction of a public	234
authority;	235

(2) The owner of any real or personal property desiring to	236
sell the property at auction, provided that the property was not	237
acquired for the purpose of resale;	238

(3) An auction mediation company;

239

(4) An auction that is conducted in a course of study for	240
auctioneers that is approved by the state auctioneers commission	241
created under section 4707.03 of the Revised Code for purposes of	242
student training and is supervised by a licensed auctioneer;	243

(5)(a) An auction that is sponsored by a nonprofit or	244
charitable organization that is registered in this state under	245
Chapter 1702. or Chapter 1716. of the Revised Code, respectively,	246
if the auction only involves the property of the members of the	247
organization and the auction is part of a fair that is organized	248
by an agricultural society under Chapter 1711. of the Revised Code	249
or by the Ohio expositions commission under Chapter 991. of the	250
Revised Code at which an auctioneer who is licensed under this	251
chapter physically conducts the auction; or	252

(b) Sales at an auction sponsored by a charitable, religious,	253
or civic organization that is tax exempt under subsection	254
501(c)(3) of the Internal Revenue Code, or by a public school,	255
chartered nonpublic school, or community school, if no person in	256
the business of organizing, arranging, or conducting an auction	257
for compensation and no consignor of consigned items sold at the	258
auction, except such organization or school, receives	259
compensation from the proceeds of the auction. As used in	260
division (B)(5)(b) of this section, "compensation" means money, a	261
thing of value other than participation in a charitable event, or	262
a financial benefit.	263

(6) A person licensed as a livestock dealer under Chapter	264
943. of the Revised Code who exclusively sells livestock and uses	265
an auctioneer who is licensed under this chapter to conduct the	266
auction;	267

(7) A person licensed as a motor vehicle auction owner under	268
Chapter 4517. of the Revised Code who exclusively sells motor	269
vehicles to a person licensed under Chapter 4517. of the Revised	270
Code and who uses an auctioneer who is licensed under this	271
chapter to conduct the auction;	272

(8) A person who sells real or personal property by means of	273
the internet.	274

(C)(1) No person shall advertise or hold oneself out as an	275
auction firm, auctioneer, apprentice auctioneer, or special	276
auctioneer without a license issued by the department of	277
agriculture.	278

(2) Division (C)(1) of this section does not apply to an	279
individual who is the subject of an advertisement regarding an	280
auction conducted under division (B)(5)(b) of this section.	281

(D) As used in this section, a "criminal offense that is	282
substantially related" has the same meaning as in section 4743.06	283
of the Revised Code.	284

Sec. 4707.15. TheAs used in this section, a "criminal	285
offense that is substantially related" has the same meaning as in	286
section 4743.06 of the Revised Code.	287

The department of agriculture may deny, refuse to renew,	288
suspend, or revoke the license of any auction firm, auctioneer,	289
apprentice auctioneer, or special auctioneer for any of the	290
following causes:	291

(A) Obtaining a license through false or fraudulent	292
representation;	293

(B) Making any substantial misrepresentation in an	294
application for a license;	295

(C) A continued course of misrepresentation or for making	296
false promises through agents, advertising, or otherwise;	297

(D) Specifying that an auction is a reserve auction, absolute	298
auction, or estate auction, but not conducting the auction as	299
specified;	300

(E) Failing to account for or remit, within a reasonable	301
time, any money or property belonging to others that comes into	302
the licensee's possession, and for commingling funds of others	303
with the licensee's own, or failing to keep funds of others in an	304
escrow or trust account, except that in the case of a transaction	305
involving real estate, such funds shall be maintained in	306
accordance with division (A)(26) of section 4735.18 of the Revised	307
Code;	308

(F) Paying valuable consideration to any person who has	309
violated this chapter;	310

(G) Conviction inIn a court of competent jurisdiction of	311
this state or any other state, conviction of or plea of guilty to	312
a criminal offense involving fraud, forgery, embezzlement, false	313
pretenses, extortion, conspiracy to defraud, or another similar	314
offense or a felonythat is substantially related to the	315
profession of auctioneer, apprentice auctioneer, or special	316
auctioneer;	317

(H) Violation of this chapter or rules adopted under it;

318

(I) Failure to furnish voluntarily at the time of execution,	319
copies of all written instruments prepared by the auctioneer or	320
auction firm;	321

(J) Any conduct of a person that is licensed under this	322
chapter that demonstrates bad faith, dishonesty, incompetency, or	323
untruthfulness;	324

(K) Any other conduct that constitutes improper, fraudulent,	325
or dishonest dealings;	326

(L) Failing prior to the sale at public auction to enter into	327
a written contract with the owner or consignee of any property to	328
be sold, containing the terms and conditions upon which the	329
licensee received the property for auction;	330

(M) The use of any power of attorney to circumvent this	331
chapter;	332

(N) Failure to display the sign required under section	333
4707.22 of the Revised Code and a notice conspicuously at the	334
clerk's desk or on a bid card that clearly states the terms and	335
conditions of the auction;	336

(O) Failure to notify the department of any conviction of a	337
felony or crime involving fraud within fifteen days of conviction;	338

(P) Aiding an unlicensed person in the performance of	339
services or acts that require a license under this chapter;	340

(Q) The suspension or revocation of a license to engage in	341
auctioneering or other disciplinary action by the licensing	342
authority of another state;	343

(R) The refusal or disapproval by the licensing authority of	344
another state of an application for a license to engage in	345
auctioneering;	346

(S) Failure of a licensee to notify the department of	347
agriculture within fifteen days of a disciplinary action against	348
the licensee by another state's applicable governing authority;	349

(T) Engaging in auctioneering or providing auction services	350
without a license or during the suspension of a license;	351

(U) Attempting to cheat or cheating on an auctioneer	352
examination or aiding another to cheat on an examination.	353

Sec. 4709.13.  (A) The barber board may refuse to issue or	354
renew or may suspend or revoke or impose conditions upon any	355
license issued pursuant to this chapter for any one or more of the	356
following causes:	357

(1) Conviction of or plea of guilty to a felonycriminal	358
offense that is substantially related to the practice of barbering	359
shown by a certified copy of the record of the court of	360
conviction;	361

(2) Advertising by means of knowingly false or deceptive	362
statements;	363

(3) Habitual drunkenness or possession of or addiction to the	364
use of any controlled drug prohibited by state or federal law;	365

(4) Immoral or unprofessional conduct;

366

(5) Continuing to be employed in a barber shop wherein rules	367
of the board or department of health are violated;	368

(6) Employing any person who does not have a current Ohio	369
license to perform the practice of barbering;	370

(7) Owning, managing, operating, or controlling any barber	371
school or portion thereof, wherein the practice of barbering is	372
carried on, whether in the same building or not, without	373
displaying a sign at all entrances to the places where the	374
barbering is carried on, indicating that the work therein is done	375
by students exclusively;	376

(8) Owning, managing, operating, or controlling any barber	377
shop, unless it displays a recognizable sign or barber pole	378
indicating that it is a barber shop, and the sign or pole is	379
clearly visible at the main entrance to the shop;	380

(9) Violating any sanitary rules approved by the department	381
of health or the board;	382

(10) Employing another person to perform or himself	383
personally perform the practice of barbering in a licensed barber	384
shop unless that person is licensed as a barber under this	385
chapter;	386

(11) Gross incompetence.

387

(B) Prior to taking any action under division (A) of this	388
section, the board shall provide the person with a statement of	389
the charges against himthe person and notice of the time and	390
place of a hearing on the charges. The board shall conduct the	391
hearing according to Chapter 119. of the Revised Code. Any person	392
dissatisfied with a decision of the board may appeal the board's	393
decision to the court of common pleas in Franklin county.	394

(C) The board may adopt rules in accordance with Chapter 119.	395
of the Revised Code, specifying additional grounds upon which the	396
board may take action under division (A) of this section.	397

(D) As used in this section, a "criminal offense that is	398
substantially related" has the same meaning as in section 4743.06	399
of the Revised Code.	400

Sec. 4712.03. AfterAs used in this section, a "criminal	401
offense that is substantially related" has the same meaning as in	402
section 4743.06 of the Revised Code.	403

After notice and a hearing conducted in accordance with	404
Chapter 119. of the Revised Code, the superintendent of financial	405
institutions may suspend, revoke, or refuse to issue or renew a	406
certificate of registration if any of the following conditions	407
applies to the applicant for registration or registrant:	408

(A) The applicant or registrant obtained a certificate of	409
registration through any false or fraudulent representation or	410
made any substantial misrepresentation in any registration	411
application.	412

(B) The applicant or registrant made false promises through	413
advertising or other means or engaged in a continued course of	414
misrepresentations.	415

(C) The applicant or registrant violated any provision of	416
Chapter 1345. or sections 4712.01 to 4712.14 of the Revised Code	417
or the rules adopted thereunder.	418

(D) The applicant or registrant was convicted of, or pleaded	419
guilty to, in a court of competent jurisdiction of this state or	420
any other state, of a felony or any criminal offense involving	421
fraudcriminal offense that is substantially related to practice	422
as a credit services organization, or failed to notify the	423
division of financial institutions of any such conviction or	424
guilty plea.	425

(E) The applicant or registrant engaged in conduct that	426
constituted improper, fraudulent, or dishonest dealings.	427

Sec. 4715.30.  (A) The holder of a certificate or license	428
issued under this chapter is subject to disciplinary action by the	429
state dental board for any of the following reasons:	430

(1) Employing or cooperating in fraud or material deception	431
in applying for or obtaining a license or certificate;	432

(2) Obtaining or attempting to obtain money or anything of	433
value by intentional misrepresentation or material deception in	434
the course of practice;	435

(3) Advertising services in a false or misleading manner or	436
violating the board's rules governing time, place, and manner of	437
advertising;	438

(4) Conviction of or plea of guilty to a misdemeanor	439
committed in the course of practice or of any felonycriminal	440
offense that is substantially related to the practice of	441
dentistry;	442

(5) Engaging in lewd or immoral conduct in connection with	443
the provision of dental services;	444

(6) Selling, prescribing, giving away, or administering drugs	445
for other than legal and legitimate therapeutic purposes, or	446
conviction of violating any law of this state or the federal	447
government regulating the possession, distribution, or use of any	448
drug;	449

(7) Providing or allowing dental hygienists, expanded	450
function dental auxiliaries, or other practitioners of auxiliary	451
dental occupations working under the certificate or license	452
holder's supervision, or a dentist holding a temporary limited	453
continuing education license under division (C) of section 4715.16	454
of the Revised Code working under the certificate or license	455
holder's direct supervision, to provide dental care that departs	456
from or fails to conform to accepted standards for the profession,	457
whether or not injury to a patient results;	458

(8) Inability to practice under accepted standards of the	459
profession because of physical or mental disability, dependence on	460
alcohol or other drugs, or excessive use of alcohol or other	461
drugs;	462

(9) Violation of any provision of this chapter or any rule	463
adopted thereunder;	464

(10) Failure to use universal blood and body fluid	465
precautions established by rules adopted under section 4715.03 of	466
the Revised Code;	467

(11) Waiving the payment of all or any part of a deductible	468
or copayment that a patient, pursuant to a health insurance or	469
health care policy, contract, or plan that covers dental services,	470
would otherwise be required to pay if the waiver is used as an	471
enticement to a patient or group of patients to receive health	472
care services from that provider.	473

(12) Advertising that the certificate or license holder will	474
waive the payment of all or any part of a deductible or copayment	475
that a patient, pursuant to a health insurance or health care	476
policy, contract, or plan that covers dental services, would	477
otherwise be required to pay.	478

(B) A manager, proprietor, operator, or conductor of a dental	479
facility shall be subject to disciplinary action if any dentist,	480
dental hygienist, expanded function dental auxiliary, or qualified	481
personnel providing services in the facility is found to have	482
committed a violation listed in division (A) of this section and	483
the manager, proprietor, operator, or conductor knew of the	484
violation and permitted it to occur on a recurring basis.	485

(C) Subject to Chapter 119. of the Revised Code, the board	486
may take one or more of the following disciplinary actions if one	487
or more of the grounds for discipline listed in divisions (A) and	488
(B) of this section exist:	489

(1) Censure the license or certificate holder;

490

(2) Place the license or certificate on probationary status	491
for such period of time the board determines necessary and require	492
the holder to:	493

(a) Report regularly to the board upon the matters which are	494
the basis of probation;	495

(b) Limit practice to those areas specified by the board;

496

(c) Continue or renew professional education until a	497
satisfactory degree of knowledge or clinical competency has been	498
attained in specified areas.	499

(3) Suspend the certificate or license;

500

(4) Revoke the certificate or license.

501

Where the board places a holder of a license or certificate	502
on probationary status pursuant to division (C)(2) of this	503
section, the board may subsequently suspend or revoke the license	504
or certificate if it determines that the holder has not met the	505
requirements of the probation or continues to engage in activities	506
that constitute grounds for discipline pursuant to division (A) or	507
(B) of this section.	508

Any order suspending a license or certificate shall state the	509
conditions under which the license or certificate will be	510
restored, which may include a conditional restoration during which	511
time the holder is in a probationary status pursuant to division	512
(C)(2) of this section. The board shall restore the license or	513
certificate unconditionally when such conditions are met.	514

(D) If the physical or mental condition of a license or	515
certificate holder is at issue in a disciplinary proceeding, the	516
board may order the license or certificate holder to submit to	517
reasonable examinations by an individual designated or approved by	518
the board and at the board's expense. The physical examination may	519
be conducted by any individual authorized by the Revised Code to	520
do so, including a physician assistant, a clinical nurse	521
specialist, a certified nurse practitioner, or a certified	522
nurse-midwife. Any written documentation of the physical	523
examination shall be completed by the individual who conducted the	524
examination.	525

Failure to comply with an order for an examination shall be	526
grounds for summary suspension of a license or certificate under	527
division (E) of this section.	528

(E) If the board has reason to believe that the holder	529
represents a clear and immediate danger to the public health and	530
safety if the holder is allowed to continue to practice, or if the	531
holder has failed to comply with an order under division (D) of	532
this section, the board may apply to the court of common pleas of	533
the county in which the holder resides for an order temporarily	534
suspending the holder's license or certificate, without a prior	535
hearing being afforded by the board, until the board conducts an	536
adjudication hearing pursuant to Chapter 119. of the Revised Code.	537
If the court temporarily suspends a holder's license or	538
certificate, the board shall give written notice of the suspension	539
personally or by certified mail to the license or certificate	540
holder. Such notice shall include specific facts and reasons for	541
finding a clear and immediate danger to the public health and	542
safety and shall inform the license or certificate holder of the	543
right to a hearing pursuant to Chapter 119. of the Revised Code.	544

(F) Any holder of a certificate or license issued under this	545
chapter who has pleaded guilty to, has been convicted of, or has	546
had a judicial finding of eligibility for intervention in lieu of	547
conviction entered against the holder in this state for aggravated	548
murder, murder, voluntary manslaughter, felonious assault,	549
kidnapping, rape, sexual battery, gross sexual imposition,	550
aggravated arson, aggravated robbery, or aggravated burglary, or	551
who has pleaded guilty to, has been convicted of, or has had a	552
judicial finding of eligibility for treatment or intervention in	553
lieu of conviction entered against the holder in another	554
jurisdiction for any substantially equivalent criminal offense, is	555
automatically suspended from practice under this chapter in this	556
state and any certificate or license issued to the holder under	557
this chapter is automatically suspended, as of the date of the	558
guilty plea, conviction, or judicial finding, whether the	559
proceedings are brought in this state or another jurisdiction.	560
Continued practice by an individual after the suspension of the	561
individual's certificate or license under this division shall be	562
considered practicing without a certificate or license. The board	563
shall notify the suspended individual of the suspension of the	564
individual's certificate or license under this division by	565
certified mail or in person in accordance with section 119.07 of	566
the Revised Code. If an individual whose certificate or license is	567
suspended under this division fails to make a timely request for	568
an adjudicatory hearing, the board shall enter a final order	569
revoking the individual's certificate or license.	570

(G) Notwithstanding divisions (A)(11) and (12) of this	571
section, sanctions shall not be imposed against any licensee who	572
waives deductibles and copayments:	573

(1) In compliance with the health benefit plan that expressly	574
allows such a practice. Waiver of the deductibles or copayments	575
shall be made only with the full knowledge and consent of the plan	576
purchaser, payer, and third-party administrator. Such consent	577
shall be made available to the board upon request.	578

(2) For professional services rendered to any other person	579
licensed pursuant to this chapter to the extent allowed by this	580
chapter and the rules of the board.	581

(H) As used in this section, a "criminal offense that is	582
substantially related" has the same meaning as in section 4743.06	583
of the Revised Code.	584

Sec. 4717.14.  (A) The board of embalmers and funeral	585
directors may refuse to grant or renew, or may suspend or revoke,	586
any license issued under this chapter for any of the following	587
reasons:	588

(1) The license was obtained by fraud or misrepresentation	589
either in the application or in passing the examination.	590

(2) The applicant or licensee has been convicted of or has	591
pleaded guilty to a felony or of any crime involving moral	592
turpitudecriminal offense that is substantially related to the	593
profession of imbalming or funeral directing.	594

(3) The applicant or licensee has purposely violated any	595
provision of sections 4717.01 to 4717.15 or a rule adopted under	596
any of those sections; division (A) or (B) of section 4717.23;	597
division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2),	598
or divisions (H) to (K) of section 4717.26; division (D)(1) of	599
section 4717.27; or divisions (A) to (C) of section 4717.28 of the	600
Revised Code; any rule or order of the department of health or a	601
board of health of a health district governing the disposition of	602
dead human bodies; or any other rule or order applicable to the	603
applicant or licensee.	604

(4) The applicant or licensee has committed immoral or	605
unprofessional conduct.	606

(5) The applicant or licensee knowingly permitted an	607
unlicensed person, other than a person serving an apprenticeship,	608
to engage in the profession or business of embalming or funeral	609
directing under the applicant's or licensee's supervision.	610

(6) The applicant or licensee has been habitually	611
intoxicated, or is addicted to the use of morphine, cocaine, or	612
other habit-forming or illegal drugs.	613

(7) The applicant or licensee has refused to promptly submit	614
the custody of a dead human body upon the express order of the	615
person legally entitled to the body.	616

(8) The licensee loaned the licensee's own license, or the	617
applicant or licensee borrowed or used the license of another	618
person, or knowingly aided or abetted the granting of an improper	619
license.	620

(9) The applicant or licensee transferred a license to	621
operate a funeral home, embalming facility, or crematory from one	622
owner or operator to another, or from one location to another,	623
without notifying the board.	624

(10) The applicant or licensee mislead the public by using	625
false or deceptive advertising.	626

(B)(1) The board of embalmers and funeral directors shall	627
refuse to grant or renew, or shall suspend or revoke, an	628
embalmer's, funeral director's, funeral home, or embalming	629
facility license only in accordance with Chapter 119. of the	630
Revised Code.	631

(2) The board shall send to the crematory review board	632
written notice that it proposes to refuse to issue or renew, or	633
proposes to suspend or revoke, a license to operate a crematory	634
facility. If, after the conclusion of the adjudicatory hearing on	635
the matter conducted under division (E) of section 4717.03 of the	636
Revised Code, the board of embalmers and funeral directors finds	637
that any of the circumstances described in divisions (A)(1) to	638
(10) of this section apply to the person named in its proposed	639
action, the board may issue a final order under division (E) of	640
section 4717.03 of the Revised Code refusing to issue or renew, or	641
suspending or revoking, the person's license to operate a	642
crematory facility.	643

(C) If the board of embalmers and funeral directors	644
determines that there is clear and convincing evidence that any of	645
the circumstances described in divisions (A)(1) to (10) of this	646
section apply to the holder of a license issued under this chapter	647
and that the licensee's continued practice presents a danger of	648
immediate and serious harm to the public, the board may suspend	649
the licensee's license without a prior adjudicatory hearing. The	650
executive director of the board shall prepare written allegations	651
for consideration by the board.	652

The board, after reviewing the written allegations, may	653
suspend a license without a prior hearing.	654

The board shall issue a written order of suspension by	655
certified mail or in person in accordance with section 119.07 of	656
the Revised Code. Such an order is not subject to suspension by	657
the court during the pendency of any appeal filed under section	658
119.12 of the Revised Code. If the holder of an embalmer's,	659
funeral director's, funeral home, or embalming facility license	660
requests an adjudicatory hearing by the board, the date set for	661
the hearing shall be within fifteen days, but not earlier than	662
seven days, after the licensee has requested a hearing, unless the	663
board and the licensee agree to a different time for holding the	664
hearing.	665

Upon issuing a written order of suspension to the holder of a	666
license to operate a crematory facility, the board of embalmers	667
and funeral directors shall send written notice of the issuance of	668
the order to the crematory review board. The crematory review	669
board shall hold an adjudicatory hearing on the order under	670
division (E) of section 4717.03 of the Revised Code within fifteen	671
days, but not earlier than seven days, after the issuance of the	672
order, unless the crematory review board and the licensee agree to	673
a different time for holding the adjudicatory hearing.	674

Any summary suspension imposed under this division shall	675
remain in effect, unless reversed on appeal, until a final	676
adjudicatory order issued by the board of embalmers and funeral	677
directors pursuant to this division and Chapter 119. of the	678
Revised Code, or division (E) of section 4717.03 of the Revised	679
Code, as applicable, becomes effective. The board of embalmers and	680
funeral directors shall issue its final adjudicatory order within	681
sixty days after the completion of its hearing or, in the case of	682
the summary suspension of a license to operate a crematory	683
facility, within sixty days after completion of the adjudicatory	684
hearing by the crematory review board. A failure to issue the	685
order within that time results in the dissolution of the summary	686
suspension order, but does not invalidate any subsequent final	687
adjudicatory order.	688

(D) Any holder of a license issued under this chapter who has	689
pleaded guilty to, has been found by a judge or jury to be guilty	690
of, or has had a judicial finding of eligibility for treatment in	691
lieu of conviction entered against the individual in this state	692
for aggravated murder, murder, voluntary manslaughter, felonious	693
assault, kidnapping, rape, sexual battery, gross sexual	694
imposition, aggravated arson, aggravated robbery, or aggravated	695
burglary, or who has pleaded guilty to, has been found by a judge	696
or jury to be guilty of, or has had a judicial finding of	697
eligibility for treatment in lieu of conviction entered against	698
the individual in another jurisdiction for any substantially	699
equivalent criminal offense, is hereby suspended from practice	700
under this chapter by operation of law, and any license issued to	701
the individual under this chapter is hereby suspended by operation	702
of law as of the date of the guilty plea, verdict or finding of	703
guilt, or judicial finding of eligibility for treatment in lieu of	704
conviction, regardless of whether the proceedings are brought in	705
this state or another jurisdiction. The board shall notify the	706
suspended individual of the suspension of the individual's license	707
by the operation of this division by certified mail or in person	708
in accordance with section 119.07 of the Revised Code. If an	709
individual whose license is suspended under this division fails to	710
make a timely request for an adjudicatory hearing, the board shall	711
enter a final order revoking the license.	712

(E) No person whose license has been suspended or revoked	713
under or by the operation of this section shall practice embalming	714
or funeral directing or operate a funeral home, embalming	715
facility, or crematory facility until the board has reinstated the	716
person's license.	717

(F) As used in this section, a "criminal offense that is	718
substantially related" has the same meaning as in section 4743.06	719
of the Revised Code.	720

Sec. 4719.03.  (A) Except as otherwise provided in division	721
(B) of this section, the attorney general shall issue a	722
certificate of registration or registration renewal as a telephone	723
solicitor to any applicant or registrant that submits a completed	724
application for the certificate, as specified under section	725
4719.02 of the Revised Code, and pays, as applicable, the	726
registration fee or renewal fee prescribed pursuant to rule of the	727
attorney general adopted under section 4719.10 of the Revised	728
Code. All fees collected under this division shall be deposited	729
into the state treasury to the credit of the telemarketing fraud	730
enforcement fund created in section 4719.17 of the Revised Code.	731
The certificate of registration or registration renewal shall	732
expire one year after the date on which it is issued.	733

(B) After an adjudication conducted in accordance with	734
Chapter 119. of the Revised Code, the attorney general may deny a	735
certificate of registration or registration renewal or may suspend	736
or revoke a certificate if the attorney general finds, by a	737
preponderance of the evidence, that any of the following	738
conditions apply:	739

(1) The applicant or registrant obtained a certificate of	740
registration or registration renewal through any false or	741
fraudulent representation or made any material misrepresentation	742
in any registration application.	743

(2) The applicant or registrant made false promises through	744
advertising or other means or engaged in a continued course of	745
misrepresentations.	746

(3) The applicant or registrant violated any provision of	747
Chapter 1345. or sections 4719.01 to 4719.18 of the Revised Code	748
or a rule adopted under that chapter or those sections.	749

(4) In a court of competent jurisdiction of this state or any	750
other state or of the United States, the applicant or registrant	751
was convicted of, pleaded guilty to, or entered a plea of no	752
contest for a felony, engaging in a pattern of corrupt activity,	753
racketeering, a violation of federal or state securities law, or a	754
theft offense as defined in section 2913.01 of the Revised Code	755
criminal offense that is substantially related to the profession	756
of telephone solicitor or in a similar law of any other state or	757
of the United States, or failed to notify the attorney general of	758
any conviction or plea of that type as required under division	759
(H) of section 4719.08 of the Revised Code.	760

(5) The applicant or registrant engaged in conduct that	761
constituted improper, fraudulent, or dishonest dealings.	762

(C) As used in this section, a "criminal offense that is	763
substantially related" has the same meaning as in section 4743.06	764
of the Revised Code.	765

Sec. 4723.07.  In accordance with Chapter 119. of the Revised	766
Code, the board of nursing shall adopt and may amend and rescind	767
rules that establish all of the following:	768

(A) Provisions for the board's government and control of its	769
actions and business affairs;	770

(B) Minimum curricula and standards for nursing education	771
programs that prepare graduates to be licensed under this chapter	772
and procedures for granting, renewing, and withdrawing approval of	773
those programs;	774

(C) Criteria that applicants for licensure must meet to be	775
eligible to take examinations for licensure;	776

(D) Standards and procedures for renewal of the licenses and	777
certificates issued by the board;	778

(E) Standards for approval of continuing nursing education	779
programs and courses for registered nurses, licensed practical	780
nurses, certified registered nurse anesthetists, clinical nurse	781
specialists, certified nurse-midwives, and certified nurse	782
practitioners. The standards may provide for approval of	783
continuing nursing education programs and courses that have been	784
approved by other state boards of nursing or by national	785
accreditation systems for nursing, including, but not limited to,	786
the American nurses' credentialing center and the national	787
association for practical nurse education and service.	788

(F) Standards that persons must meet to be authorized by the	789
board to approve continuing nursing education programs and courses	790
and a schedule by which that authorization expires and may be	791
renewed;	792

(G) Requirements, including continuing education	793
requirements, for restoring inactive nursing licenses, dialysis	794
technician certificates, and community health worker certificates,	795
and for restoring nursing licenses, dialysis technician	796
certificates, and community health worker certificates that have	797
lapsed through failure to renew;	798

(H) Conditions that may be imposed for reinstatement of a	799
nursing license, dialysis technician certificate, or community	800
health worker certificate following action taken under section	801
3123.47, 4723.28, 4723.281, or 4723.86 of the Revised Code	802
resulting in a license or certificate suspension;	803

(I) Standards for approval of peer support programs for	804
persons who hold a nursing license, dialysis technician	805
certificate, or community health worker certificate;	806

(J) Requirements for board approval of courses in medication	807
administration by licensed practical nurses;	808

(K) Criteria for evaluating the qualifications of an	809
applicant for a license to practice nursing as a registered nurse	810
or licensed practical nurse, a certificate of authority issued	811
under division (E) of section 4723.41 of the Revised Code, a	812
dialysis technician certificate, or a community health worker	813
certificate by the board's endorsement of the applicant's	814
authority to practice issued by the licensing agency of another	815
state;	816

(L) Universal blood and body fluid precautions that shall be	817
used by each person holding a nursing license or dialysis	818
technician certificate issued under this chapter who performs	819
exposure-prone invasive procedures. The rules shall define and	820
establish requirements for universal blood and body fluid	821
precautions that include the following:	822

(1) Appropriate use of hand washing;

823

(2) Disinfection and sterilization of equipment;

824

(3) Handling and disposal of needles and other sharp	825
instruments;	826

(4) Wearing and disposal of gloves and other protective	827
garments and devices.	828

(M) Standards and procedures for approving certificates of	829
authority to practice nursing as a certified registered nurse	830
anesthetist, clinical nurse specialist, certified nurse-midwife,	831
or certified nurse practitioner, and for renewal of those	832
certificates;	833

(N) Quality assurance standards for certified registered	834
nurse anesthetists, clinical nurse specialists, certified	835
nurse-midwives, or certified nurse practitioners;	836

(O) Additional criteria for the standard care arrangement	837
required by section 4723.431 of the Revised Code entered into by a	838
clinical nurse specialist, certified nurse-midwife, or certified	839
nurse practitioner and the nurse's collaborating physician or	840
podiatrist;	841

(P) Continuing education standards for clinical nurse	842
specialists who are exempt under division (C) of section 4723.41	843
of the Revised Code from the requirement of having passed a	844
certification examination;	845

(Q) For purposes of division (B)(31)(29) of section 4723.28	846
of the Revised Code, the actions, omissions, or other	847
circumstances that constitute failure to establish and maintain	848
professional boundaries with a patient.	849

The board may adopt other rules necessary to carry out the	850
provisions of this chapter. The rules shall be adopted in	851
accordance with Chapter 119. of the Revised Code.	852

Sec. 4723.28.  (A) The board of nursing, by a vote of a	853
quorum, may revoke or may refuse to grant a nursing license,	854
certificate of authority, or dialysis technician certificate to a	855
person found by the board to have committed fraud in passing an	856
examination required to obtain the license, certificate of	857
authority, or dialysis technician certificate or to have committed	858
fraud, misrepresentation, or deception in applying for or securing	859
any nursing license, certificate of authority, or dialysis	860
technician certificate issued by the board.	861

(B) Subject to division (N) of this section, the board of	862
nursing, by a vote of a quorum, may impose one or more of the	863
following sanctions: deny, revoke, suspend, or place restrictions	864
on any nursing license, certificate of authority, or dialysis	865
technician certificate issued by the board; reprimand or otherwise	866
discipline a holder of a nursing license, certificate of	867
authority, or dialysis technician certificate; or impose a fine of	868
not more than five hundred dollars per violation. The sanctions	869
may be imposed for any of the following:	870

(1) Denial, revocation, suspension, or restriction of	871
authority to practice a health care occupation, including nursing	872
or practice as a dialysis technician, for any reason other than a	873
failure to renew, in Ohio or another state or jurisdiction;	874

(2) Engaging in the practice of nursing or engaging in	875
practice as a dialysis technician, having failed to renew a	876
nursing license or dialysis technician certificate issued under	877
this chapter, or while a nursing license or dialysis technician	878
certificate is under suspension;	879

(3) Conviction of, a plea of guilty to, a judicial finding of	880
guilt of, a judicial finding of guilt resulting from a plea of no	881
contest to, or a judicial finding of eligibility for intervention	882
in lieu of conviction for, a misdemeanor committed in the course	883
of practice;	884

(4) Conviction of, a plea of guilty to, a judicial finding of	885
guilt of, a judicial finding of guilt resulting from a plea of no	886
contest to, or a judicial finding of eligibility for intervention	887
in lieu of conviction for, any felony or of any crime involving	888
gross immorality or moral turpitudea criminal offense that is	889
substantially related to the practice of nursing or practice as a	890
dialysis technician;	891

(5)(4) Selling, giving away, or administering drugs or	892
therapeutic devices for other than legal and legitimate	893
therapeutic purposes; or conviction of, a plea of guilty to, a	894
judicial finding of guilt of, a judicial finding of guilt	895
resulting from a plea of no contest to, or a judicial finding of	896
eligibility for intervention in lieu of conviction for, violating	897
any municipal, state, county, or federal drug law;	898

(6)(5) Conviction of, a plea of guilty to, a judicial finding	899
of guilt of, a judicial finding of guilt resulting from a plea of	900
no contest to, or a judicial finding of eligibility for	901
intervention in lieu of conviction for, an act in another	902
jurisdiction that would constitute a felony or a crime of moral	903
turpitude in Ohiocriminal offense that is substantially related	904
to the practice of nursing or practice as a dialysis technician;	905

(7) Conviction of, a plea of guilty to, a judicial finding of	906
guilt of, a judicial finding of guilt resulting from a plea of no	907
contest to, or a judicial finding of eligibility for intervention	908
in lieu of conviction for, an act in the course of practice in	909
another jurisdiction that would constitute a misdemeanor in Ohio;	910

(8)(6) Self-administering or otherwise taking into the body	911
any dangerous drug, as defined in section 4729.01 of the Revised	912
Code, in any way not in accordance with a legal, valid	913
prescription issued for that individual;	914

(9)(7) Habitual indulgence in the use of controlled	915
substances, other habit-forming drugs, or alcohol or other	916
chemical substances to an extent that impairs ability to practice;	917

(10)(8) Impairment of the ability to practice according to	918
acceptable and prevailing standards of safe nursing care because	919
of habitual or excessive use of drugs, alcohol, or other chemical	920
substances that impair the ability to practice;	921

(11)(9) Impairment of the ability to practice according to	922
acceptable and prevailing standards of safe nursing care because	923
of a physical or mental disability;	924

(12)(10) Assaulting or causing harm to a patient or depriving	925
a patient of the means to summon assistance;	926

(13)(11) Obtaining or attempting to obtain money or anything	927
of value by intentional misrepresentation or material deception in	928
the course of practice;	929

(14)(12) Adjudication by a probate court of being mentally	930
ill or mentally incompetent. The board may restore the person's	931
nursing license or dialysis technician certificate upon	932
adjudication by a probate court of the person's restoration to	933
competency or upon submission to the board of other proof of	934
competency.	935

(15)(13) The suspension or termination of employment by the	936
department of defense or the veterans administration of the United	937
States for any act that violates or would violate this chapter;	938

(16)(14) Violation of this chapter or any rules adopted under	939
it;	940

(17)(15) Violation of any restrictions placed on a nursing	941
license or dialysis technician certificate by the board;	942

(18)(16) Failure to use universal blood and body fluid	943
precautions established by rules adopted under section 4723.07 of	944
the Revised Code;	945

(19)(17) Failure to practice in accordance with acceptable	946
and prevailing standards of safe nursing care or safe dialysis	947
care;	948

(20)(18) In the case of a registered nurse, engaging in	949
activities that exceed the practice of nursing as a registered	950
nurse;	951

(21)(19) In the case of a licensed practical nurse, engaging	952
in activities that exceed the practice of nursing as a licensed	953
practical nurse;	954

(22)(20) In the case of a dialysis technician, engaging in	955
activities that exceed those permitted under section 4723.72 of	956
the Revised Code;	957

(23)(21) Aiding and abetting a person in that person's	958
practice of nursing without a license or practice as a dialysis	959
technician without a certificate issued under this chapter;	960

(24)(22) In the case of a certified registered nurse	961
anesthetist, clinical nurse specialist, certified nurse-midwife,	962
or certified nurse practitioner, except as provided in division	963
(M) of this section, either of the following:	964

(a) Waiving the payment of all or any part of a deductible or	965
copayment that a patient, pursuant to a health insurance or health	966
care policy, contract, or plan that covers such nursing services,	967
would otherwise be required to pay if the waiver is used as an	968
enticement to a patient or group of patients to receive health	969
care services from that provider;	970

(b) Advertising that the nurse will waive the payment of all	971
or any part of a deductible or copayment that a patient, pursuant	972
to a health insurance or health care policy, contract, or plan	973
that covers such nursing services, would otherwise be required to	974
pay.	975

(25)(23) Failure to comply with the terms and conditions of	976
participation in the chemical dependency monitoring program	977
established under section 4723.35 of the Revised Code;	978

(26)(24) Failure to comply with the terms and conditions	979
required under the practice intervention and improvement program	980
established under section 4723.282 of the Revised Code;	981

(27)(25) In the case of a certified registered nurse	982
anesthetist, clinical nurse specialist, certified nurse-midwife,	983
or certified nurse practitioner:	984

(a) Engaging in activities that exceed those permitted for	985
the nurse's nursing specialty under section 4723.43 of the Revised	986
Code;	987

(b) Failure to meet the quality assurance standards	988
established under section 4723.07 of the Revised Code.	989

(28)(26) In the case of a clinical nurse specialist,	990
certified nurse-midwife, or certified nurse practitioner, failure	991
to maintain a standard care arrangement in accordance with section	992
4723.431 of the Revised Code or to practice in accordance with the	993
standard care arrangement;	994

(29)(27) In the case of a clinical nurse specialist,	995
certified nurse-midwife, or certified nurse practitioner who holds	996
a certificate to prescribe issued under section 4723.48 of the	997
Revised Code, failure to prescribe drugs and therapeutic devices	998
in accordance with section 4723.481 of the Revised Code;	999

(30)(28) Prescribing any drug or device to perform or induce	1000
an abortion, or otherwise performing or inducing an abortion;	1001

(31)(29) Failure to establish and maintain professional	1002
boundaries with a patient, as specified in rules adopted under	1003
section 4723.07 of the Revised Code;	1004

(32)(30) Regardless of whether the contact or verbal behavior	1005
is consensual, engaging with a patient other than the spouse of	1006
the registered nurse, licensed practical nurse, or dialysis	1007
technician in any of the following:	1008

(a) Sexual contact, as defined in section 2907.01 of the	1009
Revised Code;	1010

(b) Verbal behavior that is sexually demeaning to the patient	1011
or may be reasonably interpreted by the patient as sexually	1012
demeaning.	1013

(33)(31) Assisting suicide as defined in section 3795.01 of	1014
the Revised Code.	1015

(C) Disciplinary actions taken by the board under divisions	1016
(A) and (B) of this section shall be taken pursuant to an	1017
adjudication conducted under Chapter 119. of the Revised Code,	1018
except that in lieu of a hearing, the board may enter into a	1019
consent agreement with an individual to resolve an allegation of a	1020
violation of this chapter or any rule adopted under it. A consent	1021
agreement, when ratified by a vote of a quorum, shall constitute	1022
the findings and order of the board with respect to the matter	1023
addressed in the agreement. If the board refuses to ratify a	1024
consent agreement, the admissions and findings contained in the	1025
agreement shall be of no effect.	1026

(D) The hearings of the board shall be conducted in	1027
accordance with Chapter 119. of the Revised Code, the board may	1028
appoint a hearing examiner, as provided in section 119.09 of the	1029
Revised Code, to conduct any hearing the board is authorized to	1030
hold under Chapter 119. of the Revised Code.	1031

In any instance in which the board is required under Chapter	1032
119. of the Revised Code to give notice of an opportunity for a	1033
hearing and the applicant or license holder does not make a timely	1034
request for a hearing in accordance with section 119.07 of the	1035
Revised Code, the board is not required to hold a hearing, but may	1036
adopt, by a vote of a quorum, a final order that contains the	1037
board's findings. In the final order, the board may order any of	1038
the sanctions listed in division (A) or (B) of this section.	1039

(E) If a criminal action is brought against a registered	1040
nurse, licensed practical nurse, or dialysis technician for an act	1041
or crime described in divisions (B)(3) to (7)(5) of this section	1042
and the action is dismissed by the trial court other than on the	1043
merits, the board shall conduct an adjudication to determine	1044
whether the registered nurse, licensed practical nurse, or	1045
dialysis technician committed the act on which the action was	1046
based. If the board determines on the basis of the adjudication	1047
that the registered nurse, licensed practical nurse, or dialysis	1048
technician committed the act, or if the registered nurse, licensed	1049
practical nurse, or dialysis technician fails to participate in	1050
the adjudication, the board may take action as though the	1051
registered nurse, licensed practical nurse, or dialysis technician	1052
had been convicted of the act.	1053

If the board takes action on the basis of a conviction, plea,	1054
or a judicial finding as described in divisions (B)(3) to (7)(5)	1055
of this section that is overturned on appeal, the registered	1056
nurse, licensed practical nurse, or dialysis technician may, on	1057
exhaustion of the appeal process, petition the board for	1058
reconsideration of its action. On receipt of the petition and	1059
supporting court documents, the board shall temporarily rescind	1060
its action. If the board determines that the decision on appeal	1061
was a decision on the merits, it shall permanently rescind its	1062
action. If the board determines that the decision on appeal was	1063
not a decision on the merits, it shall conduct an adjudication to	1064
determine whether the registered nurse, licensed practical nurse,	1065
or dialysis technician committed the act on which the original	1066
conviction, plea, or judicial finding was based. If the board	1067
determines on the basis of the adjudication that the registered	1068
nurse, licensed practical nurse, or dialysis technician committed	1069
such act, or if the registered nurse, licensed practical nurse, or	1070
dialysis technician does not request an adjudication, the board	1071
shall reinstate its action; otherwise, the board shall permanently	1072
rescind its action.	1073

Notwithstanding the provision of division (C)(2) of section	1074
2953.32 of the Revised Code specifying that if records pertaining	1075
to a criminal case are sealed under that section the proceedings	1076
in the case shall be deemed not to have occurred, sealing of the	1077
records of a conviction on which the board has based an action	1078
under this section shall have no effect on the board's action or	1079
any sanction imposed by the board under this section.	1080

The board shall not be required to seal, destroy, redact, or	1081
otherwise modify its records to reflect the court's sealing of	1082
conviction records.	1083

(F) The board may investigate an individual's criminal	1084
background in performing its duties under this section.	1085

(G) During the course of an investigation conducted under	1086
this section, the board may compel any registered nurse, licensed	1087
practical nurse, or dialysis technician or applicant under this	1088
chapter to submit to a mental or physical examination, or both, as	1089
required by the board and at the expense of the individual, if the	1090
board finds reason to believe that the individual under	1091
investigation may have a physical or mental impairment that may	1092
affect the individual's ability to provide safe nursing care.	1093
Failure of any individual to submit to a mental or physical	1094
examination when directed constitutes an admission of the	1095
allegations, unless the failure is due to circumstances beyond the	1096
individual's control, and a default and final order may be entered	1097
without the taking of testimony or presentation of evidence.	1098

If the board finds that an individual is impaired, the board	1099
shall require the individual to submit to care, counseling, or	1100
treatment approved or designated by the board, as a condition for	1101
initial, continued, reinstated, or renewed authority to practice.	1102
The individual shall be afforded an opportunity to demonstrate to	1103
the board that the individual can begin or resume the individual's	1104
occupation in compliance with acceptable and prevailing standards	1105
of care under the provisions of the individual's authority to	1106
practice.	1107

For purposes of this division, any registered nurse, licensed	1108
practical nurse, or dialysis technician or applicant under this	1109
chapter shall be deemed to have given consent to submit to a	1110
mental or physical examination when directed to do so in writing	1111
by the board, and to have waived all objections to the	1112
admissibility of testimony or examination reports that constitute	1113
a privileged communication.	1114

(H) The board shall investigate evidence that appears to show	1115
that any person has violated any provision of this chapter or any	1116
rule of the board. Any person may report to the board any	1117
information the person may have that appears to show a violation	1118
of any provision of this chapter or rule of the board. In the	1119
absence of bad faith, any person who reports such information or	1120
who testifies before the board in any adjudication conducted under	1121
Chapter 119. of the Revised Code shall not be liable for civil	1122
damages as a result of the report or testimony.	1123

(I) All of the following apply under this chapter with	1124
respect to the confidentiality of information:	1125

(1) Information received by the board pursuant to an	1126
investigation is confidential and not subject to discovery in any	1127
civil action, except that the board may disclose information to	1128
law enforcement officers and government entities investigating a	1129
registered nurse, licensed practical nurse, or dialysis technician	1130
or a person who may have engaged in the unauthorized practice of	1131
nursing. No law enforcement officer or government entity with	1132
knowledge of any information disclosed by the board pursuant to	1133
this division shall divulge the information to any other person or	1134
government entity except for the purpose of an adjudication by a	1135
court or licensing or registration board or officer to which the	1136
person to whom the information relates is a party.	1137

(2) If an investigation requires a review of patient records,	1138
the investigation and proceeding shall be conducted in such a	1139
manner as to protect patient confidentiality.	1140

(3) All adjudications and investigations of the board shall	1141
be considered civil actions for the purposes of section 2305.252	1142
of the Revised Code.	1143

(4) Any board activity that involves continued monitoring of	1144
an individual as part of or following any disciplinary action	1145
taken under this section shall be conducted in a manner that	1146
maintains the individual's confidentiality. Information received	1147
or maintained by the board with respect to the board's monitoring	1148
activities is confidential and not subject to discovery in any	1149
civil action.	1150

(J) Any action taken by the board under this section	1151
resulting in a suspension from practice shall be accompanied by a	1152
written statement of the conditions under which the person may be	1153
reinstated to practice.	1154

(K) When the board refuses to grant a license or certificate	1155
to an applicant, revokes a license or certificate, or refuses to	1156
reinstate a license or certificate, the board may specify that its	1157
action is permanent. An individual subject to permanent action	1158
taken by the board is forever ineligible to hold a license or	1159
certificate of the type that was refused or revoked and the board	1160
shall not accept from the individual an application for	1161
reinstatement of the license or certificate or for a new license	1162
or certificate.	1163

(L) No unilateral surrender of a nursing license, certificate	1164
of authority, or dialysis technician certificate issued under this	1165
chapter shall be effective unless accepted by majority vote of the	1166
board. No application for a nursing license, certificate of	1167
authority, or dialysis technician certificate issued under this	1168
chapter may be withdrawn without a majority vote of the board. The	1169
board's jurisdiction to take disciplinary action under this	1170
section is not removed or limited when an individual has a license	1171
or certificate classified as inactive or fails to renew a license	1172
or certificate.	1173

(M) Sanctions shall not be imposed under division (B)(24)(22)	1174
of this section against any licensee who waives deductibles and	1175
copayments as follows:	1176

(1) In compliance with the health benefit plan that expressly	1177
allows such a practice. Waiver of the deductibles or copayments	1178
shall be made only with the full knowledge and consent of the plan	1179
purchaser, payer, and third-party administrator. Documentation of	1180
the consent shall be made available to the board upon request.	1181

(2) For professional services rendered to any other person	1182
licensed pursuant to this chapter to the extent allowed by this	1183
chapter and the rules of the board.	1184

(N)(1) Any person who enters a prelicensure nursing education	1185
program on or after June 1, 2003, and who subsequently applies	1186
under division (A) of section 4723.09 of the Revised Code for	1187
licensure to practice as a registered nurse or as a licensed	1188
practical nurse and any person who applies under division (B) of	1189
that section for license by endorsement to practice nursing as a	1190
registered nurse or as a licensed practical nurse shall submit a	1191
request to the bureau of criminal identification and investigation	1192
for the bureau to conduct a criminal records check of the	1193
applicant and to send the results to the board, in accordance with	1194
section 4723.09 of the Revised Code.	1195

The board shall refuse to grant a license to practice nursing	1196
as a registered nurse or as a licensed practical nurse under	1197
section 4723.09 of the Revised Code to a person who entered a	1198
prelicensure nursing education program on or after June 1, 2003,	1199
and applied under division (A) of section 4723.09 of the Revised	1200
Code for the license or a person who applied under division (B) of	1201
that section for the license, if the criminal records check	1202
performed in accordance with division (C) of that section	1203
indicates that the person has pleaded guilty to, been convicted	1204
of, or has had a judicial finding of guilt for violating section	1205
2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02, 2907.03,	1206
2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code or a	1207
substantially similar law of another state, the United States, or	1208
another country.	1209

(2) Any person who enters a dialysis training program on or	1210
after June 1, 2003, and who subsequently applies for a certificate	1211
to practice as a dialysis technician shall submit a request to the	1212
bureau of criminal identification and investigation for the bureau	1213
to conduct a criminal records check of the applicant and to send	1214
the results to the board, in accordance with section 4723.75 of	1215
the Revised Code.	1216

The board shall refuse to issue a certificate to practice as	1217
a dialysis technician under section 4723.75 of the Revised Code to	1218
a person who entered a dialysis training program on or after June	1219
1, 2003, and whose criminal records check performed in accordance	1220
with division (C) of that section indicates that the person has	1221
pleaded guilty to, been convicted of, or has had a judicial	1222
finding of guilt for violating section 2903.01, 2903.02, 2903.03,	1223
2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or	1224
2911.11 of the Revised Code or a substantially similar law of	1225
another state, the United States, or another country.	1226

(O) As used in this section, a "criminal offense that is	1227
substantially related" has the same meaning as in section 4743.06	1228
of the Revised Code.	1229

Sec. 4723.34.  (A) Reports to the board of nursing shall be	1230
made as follows:	1231

(1) Every employer of registered nurses, licensed practical	1232
nurses, or dialysis technicians shall report to the board of	1233
nursing the name of any current or former employee who holds a	1234
nursing license or dialysis technician certificate issued under	1235
this chapter who has engaged in conduct that would be grounds for	1236
disciplinary action by the board under section 4723.28 of the	1237
Revised Code.	1238

Every employer of certified community health workers shall	1239
report to the board the name of any current or former employee who	1240
holds a community health worker certificate issued under this	1241
chapter who has engaged in conduct that would be grounds for	1242
disciplinary action by the board under section 4723.86 of the	1243
Revised Code.	1244

Every employer of medication aides shall report to the board	1245
the name of any current or former employee who holds a medication	1246
aide certificate issued under this chapter who has engaged in	1247
conduct that would be grounds for disciplinary action by the board	1248
under section 4723.652 of the Revised Code.	1249

(2) Nursing associations shall report to the board the name	1250
of any registered nurse or licensed practical nurse and dialysis	1251
technician associations shall report to the board the name of any	1252
dialysis technician who has been investigated and found to	1253
constitute a danger to the public health, safety, and welfare	1254
because of conduct that would be grounds for disciplinary action	1255
by the board under section 4723.28 of the Revised Code, except	1256
that an association is not required to report the individual's	1257
name if the individual is maintaining satisfactory participation	1258
in a peer support program approved by the board under rules	1259
adopted under section 4723.07 of the Revised Code.	1260

Community health worker associations shall report to the	1261
board the name of any certified community health worker who has	1262
been investigated and found to constitute a danger to the public	1263
health, safety, and welfare because of conduct that would be	1264
grounds for disciplinary action by the board under section 4723.86	1265
of the Revised Code, except that an association is not required to	1266
report the individual's name if the individual is maintaining	1267
satisfactory participation in a peer support program approved by	1268
the board under rules adopted under section 4723.07 of the Revised	1269
Code.	1270

Medication aide associations shall report to the board the	1271
name of any medication aide who has been investigated and found to	1272
constitute a danger to the public health, safety, and welfare	1273
because of conduct that would be grounds for disciplinary action	1274
by the board under section 4723.652 of the Revised Code, except	1275
that an association is not required to report the individual's	1276
name if the individual is maintaining satisfactory participation	1277
in a peer support program approved by the board under rules	1278
adopted under section 4723.69 of the Revised Code.	1279

(3) If the prosecutor in a case described in divisions (B)(3)	1280
to (5)and (4) of section 4723.28 of the Revised Code, or in a	1281
case where the trial court issued an order of dismissal upon	1282
technical or procedural grounds of a charge of a misdemeanor	1283
committed in the course of practice, a felony charge, or a charge	1284
of gross immorality or moral turpitude, knows or has reason to	1285
believe that the person charged is licensed under this chapter to	1286
practice nursing as a registered nurse or as a licensed practical	1287
nurse or holds a certificate issued under this chapter to practice	1288
as a dialysis technician, the prosecutor shall notify the board of	1289
nursing. With regard to certified community health workers and	1290
medication aides, if the prosecutor in a case involving a charge	1291
of a misdemeanor committed in the course of employment, a felony	1292
charge, or a charge of gross immorality or moral turpitude,	1293
including a case dismissed on technical or procedural grounds,	1294
knows or has reason to believe that the person charged holds a	1295
community health worker or medication aide certificate issued	1296
under this chapter, the prosecutor shall notify the board.	1297

Each notification required by this division shall be made on	1298
forms prescribed and provided by the board. The report shall	1299
include the name and address of the license or certificate holder,	1300
the charge, and the certified court documents recording the	1301
action.	1302

(B) If any person fails to provide a report required by this	1303
section, the board may seek an order from a court of competent	1304
jurisdiction compelling submission of the report.	1305

Sec. 4725.19.  (A) In accordance with Chapter 119. of the	1306
Revised Code and by an affirmative vote of a majority of its	1307
members, the state board of optometry, for any of the reasons	1308
specified in division (B) of this section, shall refuse to grant a	1309
certificate of licensure to an applicant and may, with respect to	1310
a licensed optometrist, do one or more of the following:	1311

(1) Suspend the operation of any certificate of licensure,	1312
topical ocular pharmaceutical agents certificate, or therapeutic	1313
pharmaceutical agents certificate, or all certificates granted by	1314
it to the optometrist;	1315

(2) Permanently revoke any or all of the certificates;

1316

(3) Limit or otherwise place restrictions on any or all of	1317
the certificates;	1318

(4) Reprimand the optometrist;

1319

(5) Impose a monetary penalty. If the reason for which the	1320
board is imposing the penalty involves a criminal offense that	1321
carries a fine under the Revised Code, the penalty shall not	1322
exceed the maximum fine that may be imposed for the criminal	1323
offense. In any other case, the penalty imposed by the board shall	1324
not exceed five hundred dollars.	1325

(B) The sanctions specified in division (A) of this section	1326
may be taken by the board for any of the following reasons:	1327

(1) Committing fraud in passing the licensing examination or	1328
making false or purposely misleading statements in an application	1329
for a certificate of licensure;	1330

(2) Being at any time guilty of immorality, regardless of the	1331
jurisdiction in which the act was committed;	1332

(3) Being guilty of dishonesty or unprofessional conduct in	1333
the practice of optometry;	1334

(4) Being at any time guilty ofCommission of a felony	1335
criminal offense that is substantially related to the practice of	1336
optometry, regardless of the jurisdiction in which the act	1337
criminal offense was committed;	1338

(5) Being at any time guilty of a misdemeanor committed in	1339
the course of practice, regardless of the jurisdiction in which	1340
the act was committed;	1341

(6) Violating the conditions of any limitation or other	1342
restriction placed by the board on any certificate issued by the	1343
board;	1344

(7)(6) Engaging in the practice of optometry as provided in	1345
division (A)(1), (2), or (3) of section 4725.01 of the Revised	1346
Code when the certificate authorizing that practice is under	1347
suspension, in which case the board shall permanently revoke the	1348
certificate;	1349

(8)(7) Being denied a license to practice optometry in	1350
another state or country or being subject to any other sanction by	1351
the optometric licensing authority of another state or country,	1352
other than sanctions imposed for the nonpayment of fees;	1353

(9)(8) Departing from or failing to conform to acceptable and	1354
prevailing standards of care in the practice of optometry as	1355
followed by similar practitioners under the same or similar	1356
circumstances, regardless of whether actual injury to a patient is	1357
established;	1358

(10)(9) Failing to maintain comprehensive patient records;

1359

(11)(10) Advertising a price of optical accessories, eye	1360
examinations, or other products or services by any means that	1361
would deceive or mislead the public;	1362

(12)(11) Being addicted to the use of alcohol, stimulants,	1363
narcotics, or any other substance which impairs the intellect and	1364
judgment to such an extent as to hinder or diminish the	1365
performance of the duties included in the person's practice of	1366
optometry;	1367

(13)(12) Engaging in the practice of optometry as provided in	1368
division (A)(2) or (3) of section 4725.01 of the Revised Code	1369
without authority to do so or, if authorized, in a manner	1370
inconsistent with the authority granted;	1371

(14)(13) Failing to make a report to the board as required by	1372
division (A) of section 4725.21 or section 4725.31 of the Revised	1373
Code;	1374

(15)(14) Soliciting patients from door to door or	1375
establishing temporary offices, in which case the board shall	1376
suspend all certificates held by the optometrist;	1377

(16)(15) Except as provided in division (D) of this section:

1378

(a) Waiving the payment of all or any part of a deductible or	1379
copayment that a patient, pursuant to a health insurance or health	1380
care policy, contract, or plan that covers optometric services,	1381
would otherwise be required to pay if the waiver is used as an	1382
enticement to a patient or group of patients to receive health	1383
care services from that optometrist.	1384

(b) Advertising that the optometrist will waive the payment	1385
of all or any part of a deductible or copayment that a patient,	1386
pursuant to a health insurance or health care policy, contract, or	1387
plan that covers optometric services, would otherwise be required	1388
to pay.	1389

(C) Any person who is the holder of a certificate of	1390
licensure, or who is an applicant for a certificate of licensure	1391
against whom is preferred any charges, shall be furnished by the	1392
board with a copy of the complaint and shall have a hearing before	1393
the board in accordance with Chapter 119. of the Revised Code.	1394

(D) Sanctions shall not be imposed under division (B)(16)(15)	1395
of this section against any optometrist who waives deductibles and	1396
copayments:	1397

(1) In compliance with the health benefit plan that expressly	1398
allows such a practice. Waiver of the deductibles or copayments	1399
shall be made only with the full knowledge and consent of the plan	1400
purchaser, payer, and third-party administrator. Documentation of	1401
the consent shall be made available to the board upon request.	1402

(2) For professional services rendered to any other	1403
optometrist licensed by the board, to the extent allowed by	1404
sections 4725.01 to 4725.34 of the Revised Code and the rules of	1405
the board.	1406

(E) As used in this section, a "criminal offense that is	1407
substantially related" has the same meaning as in section 4743.06	1408
of the Revised Code.	1409

Sec. 4725.53.  (A) The Ohio optical dispensers board, by a	1410
majority vote of its members, may refuse to grant a license and,	1411
in accordance with Chapter 119. of the Revised Code, may suspend	1412
or revoke the license of a licensed dispensing optician or impose	1413
a fine or order restitution pursuant to division (B) of this	1414
section on any of the following grounds:	1415

(1) Conviction of a felony or a crime involving moral	1416
turpitudeor plea of guilty to a criminal offense that is	1417
substantially related to the practice of optical dispensing;	1418

(2) Obtaining or attempting to obtain a license by fraud or	1419
deception;	1420

(3) Obtaining any fee or making any sale of an optical aid by	1421
means of fraud or misrepresentation;	1422

(4) Habitual indulgence in the use of controlled substances	1423
or other habit-forming drugs, or in the use of alcoholic liquors	1424
to an extent that affects professional competency;	1425

(5) Finding by a court of competent jurisdiction that the	1426
applicant or licensee is incompetent by reason of mental illness	1427
and no subsequent finding by the court of competency;	1428

(6) Finding by a court of law that the licensee is guilty of	1429
incompetence or negligence in the dispensing of optical aids;	1430

(7) Knowingly permitting or employing a person whose license	1431
has been suspended or revoked or an unlicensed person to engage in	1432
optical dispensing;	1433

(8) Permitting another person to use histhe licensee's	1434
license;	1435

(9) Engaging in optical dispensing not pursuant to the	1436
prescription of a licensed physician or licensed optometrist, but	1437
nothing in this section shall prohibit the duplication or	1438
replacement of previously prepared optical aids, except contact	1439
lenses shall not be duplicated or replaced without a written	1440
prescription;	1441

(10) Violation of sections 4725.40 to 4725.59 of the Revised	1442
Code;	1443

(11) Waiving the payment of all or any part of a deductible	1444
or copayment that a patient, pursuant to a health insurance or	1445
health care policy, contract, or plan that covers optical	1446
dispensing services, would otherwise be required to pay if the	1447
waiver is used as an enticement to a patient or group of patients	1448
to receive health care services from that provider.	1449

(12) Advertising that hethe licensee will waive the payment	1450
of all or any part of a deductible or copayment that a patient,	1451
pursuant to a health insurance or health care policy, contract, or	1452
plan that covers optical dispensing services, would otherwise be	1453
required to pay.	1454

(B) The board may impose a fine of not more than five hundred	1455
dollars for a first occurrence of an action that is grounds for	1456
discipline under this section and of not less than five hundred	1457
nor more than one thousand dollars for a subsequent occurrence, or	1458
may order the licensee to make restitution to a person who has	1459
suffered a financial loss as a result of the licensee's failure to	1460
comply with sections 4725.40 to 4725.59 of the Revised Code.	1461

(C) Notwithstanding divisions (A)(11) and (12) of this	1462
section, sanctions shall not be imposed against any licensee who	1463
waives deductibles and copayments:	1464

(1) In compliance with the health benefit plan that expressly	1465
allows such a practice. Waiver of the deductibles or copays shall	1466
be made only with the full knowlege and consent of the plan	1467
purchaser, payer, and third-party administrator. Such consent	1468
shall be made available to the board upon request.	1469

(2) For professional services rendered to any other person	1470
licensed pursuant to this chapter to the extent allowed by this	1471
chapter and the rules of the board.	1472

(D) As used in this section, a "criminal offense that is	1473
substantially related" has the same meaning as in section 4743.06	1474
of the Revised Code.	1475

Sec. 4727.15.  (A) No person licensed as a pawnbroker under	1476
this chapter, and no agent, officer, or employee thereof, shall	1477
violate this chapter.	1478

(B) Upon the criminal conviction of a licensee or any	1479
employee, manager, officer, director, shareholder, member, or	1480
partner of a licensee for a violation of this chapter, the	1481
superintendent of financial institutions may suspend the license	1482
of the licensee without a prior hearing to protect the public	1483
interest and subsequently may act to revoke the license of the	1484
licensee pursuant to chapterChapter 119. of the Revised Code.	1485

(C) Upon the criminal conviction of a licensee or any	1486
employee, manager, officer, director, shareholder, member, or	1487
partner of a licensee under any section in Title XXIX of the	1488
Revised Code or under federal law for theft, receiving stolen	1489
property, or money laundering, the superintendent may suspend the	1490
license of the licensee without a prior hearing to protect the	1491
public interest and subsequently may act to revoke the license of	1492
the licensee pursuant to chapterChapter 119. of the Revised Code.	1493

(D) Upon the criminal conviction of or a plea of guilty by a	1494
licensee under any section of Title XXIX of the Revised Code or	1495
under federal law for a crimecriminal offense substantially	1496
related to the profession of pawnbroker other than theft,	1497
receiving stolen property, or money laundering, the superintendent	1498
may assess a penalty against the licensee or act to revoke or	1499
suspend the license of the licensee pursuant to chapterChapter	1500
119. of the Revised Code.	1501

(E) As used in this section, a "criminal offense that is	1502
substantially related" has the same meaning as in section 4743.06	1503
of the Revised Code.	1504

Sec. 4728.13.  (A) No person, firm, partnership, corporation,	1505
or association, and no agent, officer, or employee thereof, shall	1506
violate this chapter. The division of financial institutions upon	1507
a criminal conviction for a violation of this chapter shall revoke	1508
any license theretofore issued to the person, firm, partnership,	1509
corporation, or association. The division also may revoke or	1510
suspend the license of any licensee in accordance with section	1511
4728.03 of the Revised Code upon a criminal conviction of or plea	1512
of guilty by the licensee for any felonycriminal offense or crime	1513
involving moral turpitudesubstantially related to the profession	1514
of precious metals dealer.	1515

(B) No person shall obstruct or refuse to permit any	1516
investigation conducted under this chapter by the superintendent	1517
of financial institutions, a person acting on behalf of an agency	1518
or a political subdivision of this state, or a law enforcement	1519
officer. All articles purchased by a person licensed under this	1520
chapter shall be made promptly available for inspection by these	1521
officials.	1522

(C) In any proceeding or action brought under this chapter,	1523
the burden of proving an exemption from a requirement of this	1524
chapter falls on the person claiming the benefit of the exemption.	1525

(D) As used in this section, a "criminal offense that is	1526
substantially related" has the same meaning as in section 4743.06	1527
of the Revised Code.	1528

Sec. 4729.16.  (A) The state board of pharmacy, after notice	1529
and hearing in accordance with Chapter 119. of the Revised Code,	1530
may revoke, suspend, limit, place on probation, or refuse to grant	1531
or renew an identification card, or may impose a monetary penalty	1532
or forfeiture not to exceed in severity any fine designated under	1533
the Revised Code for a similar offense, or in the case of a	1534
violation of a section of the Revised Code that does not bear a	1535
penalty, a monetary penalty or forfeiture of not more than five	1536
hundred dollars, if the board finds a pharmacist or pharmacy	1537
intern:	1538

(1) Guilty of a felony or gross immoralitycriminal offense	1539
substantially related to the practice of pharmacy;	1540

(2) Guilty of dishonesty or unprofessional conduct in the	1541
practice of pharmacy;	1542

(3) Addicted to or abusing liquor or drugs or impaired	1543
physically or mentally to such a degree as to render the	1544
pharmacist or pharmacy intern unfit to practice pharmacy;	1545

(4) Has been convicted of a misdemeanor related to, or	1546
committed in, the practice of pharmacy;	1547

(5) Guilty of willfully violating, conspiring to violate,	1548
attempting to violate, or aiding and abetting the violation of any	1549
of the provisions of this chapter, sections 3715.52 to 3715.72 of	1550
the Revised Code, Chapter 2925. or 3719. of the Revised Code, or	1551
any rule adopted by the board under those provisions;	1552

(6)(5) Guilty of permitting anyone other than a pharmacist or	1553
pharmacy intern to practice pharmacy;	1554

(7)(6) Guilty of knowingly lending the pharmacist's or	1555
pharmacy intern's name to an illegal practitioner of pharmacy or	1556
having professional connection with an illegal practitioner of	1557
pharmacy;	1558

(8)(7) Guilty of dividing or agreeing to divide remuneration	1559
made in the practice of pharmacy with any other individual,	1560
including, but not limited to, any licensed health professional	1561
authorized to prescribe drugs or any owner, manager, or employee	1562
of a health care facility, residential care facility, or nursing	1563
home;	1564

(9)(8) Has violated the terms of a consult agreement entered	1565
into pursuant to section 4729.39 of the Revised Code;	1566

(10)(9) Has committed fraud, misrepresentation, or deception	1567
in applying for or securing a license or identification card	1568
issued by the board under this chapter or under Chapter 3715. or	1569
3719. of the Revised Code.	1570

(B) Any individual whose identification card is revoked,	1571
suspended, or refused, shall return the identification card and	1572
license to the offices of the state board of pharmacy within ten	1573
days after receipt of notice of such action.	1574

(C) As used in this section:

1575

(1) "Unprofessional conduct in the practice of pharmacy"	1576
includes any of the following:	1577

(1)(a) Advertising or displaying signs that promote dangerous	1578
drugs to the public in a manner that is false or misleading;	1579

(2)(b) Except as provided in section 4729.281 of the Revised	1580
Code, the sale of any drug for which a prescription is required,	1581
without having received a prescription for the drug;	1582

(3)(c) Knowingly dispensing medication pursuant to false or	1583
forged prescriptions;	1584

(4)(d) Knowingly failing to maintain complete and accurate	1585
records of all dangerous drugs received or dispensed in compliance	1586
with federal laws and regulations and state laws and rules;	1587

(5)(e) Obtaining any remuneration by fraud,	1588
misrepresentation, or deception.	1589

(2) A "criminal offense that is substantially related" has	1590
the same meaning as in section 4743.06 of the Revised Code.	1591

(D) The board may suspend a license or identification card	1592
under division (B) of section 3719.121 of the Revised Code by	1593
utilizing a telephone conference call to review the allegations	1594
and take a vote.	1595

(E) If, pursuant to an adjudication under Chapter 119. of the	1596
Revised Code, the board has reasonable cause to believe that a	1597
pharmacist or pharmacy intern is physically or mentally impaired,	1598
the board may require the pharmacist or pharmacy intern to submit	1599
to a physical or mental examination, or both.	1600

Sec. 4729.53.  (A) The board of pharmacy shall not register	1601
any person as a wholesale distributor of dangerous drugs unless	1602
the applicant for registration furnishes satisfactory proof to the	1603
board of pharmacy that hethe applicant meets all of the	1604
following:	1605

(1) That if the applicant has been convicted of or pleaded	1606
guilty to a violation of any federal, state, or local law	1607
relating to drug samples, wholesale or retail drug distribution,	1608
or distribution of controlled substances or of a felonycriminal	1609
offense substantially related to the profession of wholesale	1610
distributor of dangerous drugs, or if a federal, state, or local	1611
governmental entity has suspended or revoked any current or prior	1612
license or registration of the applicant for the manufacture or	1613
sale of any dangerous drugs, including controlled substances, the	1614
applicant, to the satisfaction of the board, assures that hethe	1615
applicant has in place adequate safeguards to prevent the	1616
recurrence of any such violations;	1617

(2) The applicant's past experience in the manufacture or	1618
distribution of dangerous drugs, including controlled substances,	1619
is acceptable to the board.	1620

(3) The applicant is equipped as to land, buildings,	1621
equipment, and personnel to properly carry on the business of a	1622
wholesale distributor of dangerous drugs, including providing	1623
adequate security for and proper storage conditions and handling	1624
for dangerous drugs, and is complying with the requirements under	1625
this chapter and the rules adopted pursuant thereto for	1626
maintaining and making available records to properly identified	1627
board officials and federal, state, and local law enforcement	1628
agencies.	1629

(4) Personnel employed by the applicant have the appropriate	1630
education or experience, as determined by the board, to assume	1631
responsibility for positions related to compliance with this	1632
chapter and the rules adopted pursuant thereto.	1633

(5) The applicant has designated the name and address of a	1634
person to whom communications from the board may be directed and	1635
upon whom the notices and citations provided for in section	1636
4729.56 of the Revised Code may be served.	1637

(6) Adequate safeguards are assured to prevent the sale of	1638
dangerous drugs to any person other than those named in division	1639
(B) of section 4729.51 of the Revised Code.	1640

(7) Any other requirement or qualification the board, by rule	1641
adopted in accordance with Chapter 119. of the Revised Code,	1642
considers relevant to and consistent with the public safety and	1643
health.	1644

(B) The board may refuse to register or renew the	1645
registration certificate of any person if the board determines	1646
that the granting of the registration certificate or its renewal	1647
is not in the public interest.	1648

(C) As used in this section, a "criminal offense that is	1649
substantially related" has the same meaning as in section 4743.06	1650
of the Revised Code.	1651

Sec. 4729.56.  (A) In accordance with Chapter 119. of the	1652
Revised Code, the board of pharmacy may suspend, revoke, or refuse	1653
to renew any registration certificate issued to a wholesale	1654
distributor of dangerous drugs pursuant to section 4729.52 of the	1655
Revised Code or may impose a monetary penalty or forfeiture not to	1656
exceed in severity any fine designated under the Revised Code for	1657
a similar offense or one thousand dollars if the acts committed	1658
are not classified as an offense by the Revised Code for any of	1659
the following causes:	1660

(1) Making any false material statements in an application	1661
for registration as a wholesale distributor of dangerous drugs;	1662

(2) Violating any federal, state, or local drug law; any	1663
provision of this chapter or Chapter 2925., 3715., or 3719. of the	1664
Revised Code; or any rule of the board;	1665

(3) A conviction of a felonyor plea of guilty to a criminal	1666
offense that is substantially related to the practice of pharmacy;	1667

(4) Ceasing to satisfy the qualifications for registration	1668
under section 4729.53 of the Revised Code or the rules of the	1669
board.	1670

(B) Upon the suspension or revocation of the registration	1671
certificate of any wholesale distributor of dangerous drugs, the	1672
distributor shall immediately surrender histhe distributor's	1673
registration certificate to the board.	1674

(C) If the board suspends, revokes, or refuses to renew any	1675
registration certificate issued to a wholesale distributor of	1676
dangerous drugs and determines that there is clear and convincing	1677
evidence of a danger of immediate and serious harm to any person,	1678
the board may place under seal all dangerous drugs owned by or in	1679
the possession, custody, or control of the affected wholesale	1680
distributor of dangerous drugs. Except as provided in this	1681
division, the board shall not dispose of the dangerous drugs	1682
sealed under this division until the wholesale distributor of	1683
dangerous drugs exhausts all of histhe distributor's appeal	1684
rights under Chapter 119. of the Revised Code. The court involved	1685
in such an appeal may order the board, during the pendency of the	1686
appeal, to sell sealed dangerous drugs that are perishable. The	1687
board shall deposit the proceeds of the sale with the court.	1688

(D) As used in this section, a "criminal offense that is	1689
substantially related" has the same meaning as in section 4743.06	1690
of the Revised Code.	1691

Sec. 4730.25.  (A) The state medical board, by an affirmative	1692
vote of not fewer than six members, may revoke or may refuse to	1693
grant a certificate to practice as a physician assistant or a	1694
certificate to prescribe to a person found by the board to have	1695
committed fraud, misrepresentation, or deception in applying for	1696
or securing the certificate.	1697

(B) The board, by an affirmative vote of not fewer than six	1698
members, shall, to the extent permitted by law, limit, revoke, or	1699
suspend an individual's certificate to practice as a physician	1700
assistant or certificate to prescribe, refuse to issue a	1701
certificate to an applicant, refuse to reinstate a certificate, or	1702
reprimand or place on probation the holder of a certificate for	1703
any of the following reasons:	1704

(1) Failure to practice in accordance with the conditions	1705
under which the supervising physician's supervision agreement with	1706
the physician assistant was approved, including the requirement	1707
that when practicing under a particular supervising physician, the	1708
physician assistant must practice only according to the physician	1709
supervisory plan the board approved for that physician or the	1710
policies of the health care facility in which the supervising	1711
physician and physician assistant are practicing;	1712

(2) Failure to comply with the requirements of this chapter,	1713
Chapter 4731. of the Revised Code, or any rules adopted by the	1714
board;	1715

(3) Violating or attempting to violate, directly or	1716
indirectly, or assisting in or abetting the violation of, or	1717
conspiring to violate, any provision of this chapter, Chapter	1718
4731. of the Revised Code, or the rules adopted by the board;	1719

(4) Inability to practice according to acceptable and	1720
prevailing standards of care by reason of mental illness or	1721
physical illness, including physical deterioration that adversely	1722
affects cognitive, motor, or perceptive skills;	1723

(5) Impairment of ability to practice according to acceptable	1724
and prevailing standards of care because of habitual or excessive	1725
use or abuse of drugs, alcohol, or other substances that impair	1726
ability to practice;	1727

(6) Administering drugs for purposes other than those	1728
authorized under this chapter;	1729

(7) Willfully betraying a professional confidence;

1730

(8) Making a false, fraudulent, deceptive, or misleading	1731
statement in soliciting or advertising for employment as a	1732
physician assistant; in connection with any solicitation or	1733
advertisement for patients; in relation to the practice of	1734
medicine as it pertains to physician assistants; or in securing or	1735
attempting to secure a certificate to practice as a physician	1736
assistant, a certificate to prescribe, or approval of a	1737
supervision agreement.	1738

As used in this division, "false, fraudulent, deceptive, or	1739
misleading statement" means a statement that includes a	1740
misrepresentation of fact, is likely to mislead or deceive because	1741
of a failure to disclose material facts, is intended or is likely	1742
to create false or unjustified expectations of favorable results,	1743
or includes representations or implications that in reasonable	1744
probability will cause an ordinarily prudent person to	1745
misunderstand or be deceived.	1746

(9) Representing, with the purpose of obtaining compensation	1747
or other advantage personally or for any other person, that an	1748
incurable disease or injury, or other incurable condition, can be	1749
permanently cured;	1750

(10) The obtaining of, or attempting to obtain, money or	1751
anything of value by fraudulent misrepresentations in the course	1752
of practice;	1753

(11) A plea of guilty to, a judicial finding of guilt of, or	1754
a judicial finding of eligibility for intervention in lieu of	1755
conviction for, a felonycriminal offense that is substantially	1756
related to practice as a physician assistant;	1757

(12) Commission of an act that constitutes a felonycriminal	1758
offense that is substantially related to practice as a physician	1759
assistant in this state, regardless of the jurisdiction in which	1760
the act was committed;	1761

(13) A plea of guilty to, a judicial finding of guilt of, or	1762
a judicial finding of eligibility for intervention in lieu of	1763
conviction for, a misdemeanor committed in the course of practice;	1764

(14) A plea of guilty to, a judicial finding of guilt of, or	1765
a judicial finding of eligibility for intervention in lieu of	1766
conviction for, a misdemeanor involving moral turpitude;	1767

(15) Commission of an act in the course of practice that	1768
constitutes a misdemeanor in this state, regardless of the	1769
jurisdiction in which the act was committed;	1770

(16) Commission of an act involving moral turpitude that	1771
constitutes a misdemeanor in this state, regardless of the	1772
jurisdiction in which the act was committed;	1773

(17) A plea of guilty to, a judicial finding of guilt of, or	1774
a judicial finding of eligibility for intervention in lieu of	1775
conviction for violating any state or federal law regulating the	1776
possession, distribution, or use of any drug, including	1777
trafficking in drugs;	1778

(18)(14) Any of the following actions taken by the state	1779
agency responsible for regulating the practice of physician	1780
assistants in another state, for any reason other than the	1781
nonpayment of fees: the limitation, revocation, or suspension of	1782
an individual's license to practice; acceptance of an individual's	1783
license surrender; denial of a license; refusal to renew or	1784
reinstate a license; imposition of probation; or issuance of an	1785
order of censure or other reprimand;	1786

(19)(15) A departure from, or failure to conform to, minimal	1787
standards of care of similar physician assistants under the same	1788
or similar circumstances, regardless of whether actual injury to a	1789
patient is established;	1790

(20)(16) Violation of the conditions placed by the board on a	1791
certificate to practice as a physician assistant, a certificate to	1792
prescribe, a physician supervisory plan, or supervision agreement;	1793

(21)(17) Failure to use universal blood and body fluid	1794
precautions established by rules adopted under section 4731.051 of	1795
the Revised Code;	1796

(22)(18) Failure to cooperate in an investigation conducted	1797
by the board under section 4730.26 of the Revised Code, including	1798
failure to comply with a subpoena or order issued by the board or	1799
failure to answer truthfully a question presented by the board at	1800
a deposition or in written interrogatories, except that failure to	1801
cooperate with an investigation shall not constitute grounds for	1802
discipline under this section if a court of competent jurisdiction	1803
has issued an order that either quashes a subpoena or permits the	1804
individual to withhold the testimony or evidence in issue;	1805

(23)(19) Assisting suicide as defined in section 3795.01 of	1806
the Revised Code;	1807

(24)(20) Prescribing any drug or device to perform or induce	1808
an abortion, or otherwise performing or inducing an abortion.	1809

(C) Disciplinary actions taken by the board under divisions	1810
(A) and (B) of this section shall be taken pursuant to an	1811
adjudication under Chapter 119. of the Revised Code, except that	1812
in lieu of an adjudication, the board may enter into a consent	1813
agreement with a physician assistant or applicant to resolve an	1814
allegation of a violation of this chapter or any rule adopted	1815
under it. A consent agreement, when ratified by an affirmative	1816
vote of not fewer than six members of the board, shall constitute	1817
the findings and order of the board with respect to the matter	1818
addressed in the agreement. If the board refuses to ratify a	1819
consent agreement, the admissions and findings contained in the	1820
consent agreement shall be of no force or effect.	1821

(D) For purposes of divisionsdivision (B)(12), (15), and	1822
(16) of this section, the commission of the act may be established	1823
by a finding by the board, pursuant to an adjudication under	1824
Chapter 119. of the Revised Code, that the applicant or	1825
certificate holder committed the act in question. The board shall	1826
have no jurisdiction under these divisionsthat division in cases	1827
where the trial court renders a final judgment in the certificate	1828
holder's favor and that judgment is based upon an adjudication on	1829
the merits. The board shall have jurisdiction under these	1830
divisionsthat division in cases where the trial court issues an	1831
order of dismissal upon technical or procedural grounds.	1832

(E) The sealing of conviction records by any court shall have	1833
no effect upon a prior board order entered under the provisions of	1834
this section or upon the board's jurisdiction to take action under	1835
the provisions of this section if, based upon a plea of guilty, a	1836
judicial finding of guilt, or a judicial finding of eligibility	1837
for intervention in lieu of conviction, the board issued a notice	1838
of opportunity for a hearing prior to the court's order to seal	1839
the records. The board shall not be required to seal, destroy,	1840
redact, or otherwise modify its records to reflect the court's	1841
sealing of conviction records.	1842

(F) For purposes of this division, any individual who holds a	1843
certificate issued under this chapter, or applies for a	1844
certificate issued under this chapter, shall be deemed to have	1845
given consent to submit to a mental or physical examination when	1846
directed to do so in writing by the board and to have waived all	1847
objections to the admissibility of testimony or examination	1848
reports that constitute a privileged communication.	1849

(1) In enforcing division (B)(4) of this section, the board,	1850
upon a showing of a possible violation, may compel any individual	1851
who holds a certificate issued under this chapter or who has	1852
applied for a certificate pursuant to this chapter to submit to a	1853
mental examination, physical examination, including an HIV test,	1854
or both a mental and physical examination. The expense of the	1855
examination is the responsibility of the individual compelled to	1856
be examined. Failure to submit to a mental or physical examination	1857
or consent to an HIV test ordered by the board constitutes an	1858
admission of the allegations against the individual unless the	1859
failure is due to circumstances beyond the individual's control,	1860
and a default and final order may be entered without the taking of	1861
testimony or presentation of evidence. If the board finds a	1862
physician assistant unable to practice because of the reasons set	1863
forth in division (B)(4) of this section, the board shall require	1864
the physician assistant to submit to care, counseling, or	1865
treatment by physicians approved or designated by the board, as a	1866
condition for an initial, continued, reinstated, or renewed	1867
certificate. An individual affected under this division shall be	1868
afforded an opportunity to demonstrate to the board the ability to	1869
resume practicing in compliance with acceptable and prevailing	1870
standards of care.	1871

(2) For purposes of division (B)(5) of this section, if the	1872
board has reason to believe that any individual who holds a	1873
certificate issued under this chapter or any applicant for a	1874
certificate suffers such impairment, the board may compel the	1875
individual to submit to a mental or physical examination, or both.	1876
The expense of the examination is the responsibility of the	1877
individual compelled to be examined. Any mental or physical	1878
examination required under this division shall be undertaken by a	1879
treatment provider or physician qualified to conduct such	1880
examination and chosen by the board.	1881

Failure to submit to a mental or physical examination ordered	1882
by the board constitutes an admission of the allegations against	1883
the individual unless the failure is due to circumstances beyond	1884
the individual's control, and a default and final order may be	1885
entered without the taking of testimony or presentation of	1886
evidence. If the board determines that the individual's ability to	1887
practice is impaired, the board shall suspend the individual's	1888
certificate or deny the individual's application and shall require	1889
the individual, as a condition for initial, continued, reinstated,	1890
or renewed certification to practice or prescribe, to submit to	1891
treatment.	1892

Before being eligible to apply for reinstatement of a	1893
certificate suspended under this division, the physician assistant	1894
shall demonstrate to the board the ability to resume practice or	1895
prescribing in compliance with acceptable and prevailing standards	1896
of care. The demonstration shall include the following:	1897

(a) Certification from a treatment provider approved under	1898
section 4731.25 of the Revised Code that the individual has	1899
successfully completed any required inpatient treatment;	1900

(b) Evidence of continuing full compliance with an aftercare	1901
contract or consent agreement;	1902

(c) Two written reports indicating that the individual's	1903
ability to practice has been assessed and that the individual has	1904
been found capable of practicing according to acceptable and	1905
prevailing standards of care. The reports shall be made by	1906
individuals or providers approved by the board for making such	1907
assessments and shall describe the basis for their determination.	1908

The board may reinstate a certificate suspended under this	1909
division after such demonstration and after the individual has	1910
entered into a written consent agreement.	1911

When the impaired physician assistant resumes practice or	1912
prescribing, the board shall require continued monitoring of the	1913
physician assistant. The monitoring shall include compliance with	1914
the written consent agreement entered into before reinstatement or	1915
with conditions imposed by board order after a hearing, and, upon	1916
termination of the consent agreement, submission to the board for	1917
at least two years of annual written progress reports made under	1918
penalty of falsification stating whether the physician assistant	1919
has maintained sobriety.	1920

(G) If the secretary and supervising member determine that	1921
there is clear and convincing evidence that a physician assistant	1922
has violated division (B) of this section and that the	1923
individual's continued practice or prescribing presents a danger	1924
of immediate and serious harm to the public, they may recommend	1925
that the board suspend the individual's certificate to practice or	1926
prescribe without a prior hearing. Written allegations shall be	1927
prepared for consideration by the board.	1928

The board, upon review of those allegations and by an	1929
affirmative vote of not fewer than six of its members, excluding	1930
the secretary and supervising member, may suspend a certificate	1931
without a prior hearing. A telephone conference call may be	1932
utilized for reviewing the allegations and taking the vote on the	1933
summary suspension.	1934

The board shall issue a written order of suspension by	1935
certified mail or in person in accordance with section 119.07 of	1936
the Revised Code. The order shall not be subject to suspension by	1937
the court during pendency of any appeal filed under section 119.12	1938
of the Revised Code. If the physician assistant requests an	1939
adjudicatory hearing by the board, the date set for the hearing	1940
shall be within fifteen days, but not earlier than seven days,	1941
after the physician assistant requests the hearing, unless	1942
otherwise agreed to by both the board and the certificate holder.	1943

A summary suspension imposed under this division shall remain	1944
in effect, unless reversed on appeal, until a final adjudicative	1945
order issued by the board pursuant to this section and Chapter	1946
119. of the Revised Code becomes effective. The board shall issue	1947
its final adjudicative order within sixty days after completion of	1948
its hearing. Failure to issue the order within sixty days shall	1949
result in dissolution of the summary suspension order, but shall	1950
not invalidate any subsequent, final adjudicative order.	1951

(H) If the board takes action under division (B)(11), (13),	1952
or (14) of this section, and the judicial finding of guilt, guilty	1953
plea, or judicial finding of eligibility for intervention in lieu	1954
of conviction is overturned on appeal, upon exhaustion of the	1955
criminal appeal, a petition for reconsideration of the order may	1956
be filed with the board along with appropriate court documents.	1957
Upon receipt of a petition and supporting court documents, the	1958
board shall reinstate the certificate to practice or prescribe.	1959
The board may then hold an adjudication under Chapter 119. of the	1960
Revised Code to determine whether the individual committed the act	1961
in question. Notice of opportunity for hearing shall be given in	1962
accordance with Chapter 119. of the Revised Code. If the board	1963
finds, pursuant to an adjudication held under this division, that	1964
the individual committed the act, or if no hearing is requested,	1965
it may order any of the sanctions identified under division (B) of	1966
this section.	1967

(I) The certificate to practice issued to a physician	1968
assistant and the physician assistant's practice in this state are	1969
automatically suspended as of the date the physician assistant	1970
pleads guilty to, is found by a judge or jury to be guilty of, or	1971
is subject to a judicial finding of eligibility for intervention	1972
in lieu of conviction in this state or treatment or intervention	1973
in lieu of conviction in another state for any of the following	1974
criminal offenses in this state or a substantially equivalent	1975
criminal offense in another jurisdiction: aggravated murder,	1976
murder, voluntary manslaughter, felonious assault, kidnapping,	1977
rape, sexual battery, gross sexual imposition, aggravated arson,	1978
aggravated robbery, or aggravated burglary. Continued practice	1979
after the suspension shall be considered practicing without a	1980
certificate.	1981

The board shall notify the individual subject to the	1982
suspension by certified mail or in person in accordance with	1983
section 119.07 of the Revised Code. If an individual whose	1984
certificate is suspended under this division fails to make a	1985
timely request for an adjudication under Chapter 119. of the	1986
Revised Code, the board shall enter a final order permanently	1987
revoking the individual's certificate to practice.	1988

(J) In any instance in which the board is required by Chapter	1989
119. of the Revised Code to give notice of opportunity for hearing	1990
and the individual subject to the notice does not timely request a	1991
hearing in accordance with section 119.07 of the Revised Code, the	1992
board is not required to hold a hearing, but may adopt, by an	1993
affirmative vote of not fewer than six of its members, a final	1994
order that contains the board's findings. In that final order, the	1995
board may order any of the sanctions identified under division (A)	1996
or (B) of this section.	1997

(K) Any action taken by the board under division (B) of this	1998
section resulting in a suspension shall be accompanied by a	1999
written statement of the conditions under which the physician	2000
assistant's certificate may be reinstated. The board shall adopt	2001
rules in accordance with Chapter 119. of the Revised Code	2002
governing conditions to be imposed for reinstatement.	2003
Reinstatement of a certificate suspended pursuant to division (B)	2004
of this section requires an affirmative vote of not fewer than six	2005
members of the board.	2006

(L) When the board refuses to grant to an applicant a	2007
certificate to practice as a physician assistant or a certificate	2008
to prescribe, revokes an individual's certificate, refuses to	2009
issue a certificate, or refuses to reinstate an individual's	2010
certificate, the board may specify that its action is permanent.	2011
An individual subject to a permanent action taken by the board is	2012
forever thereafter ineligible to hold the certificate and the	2013
board shall not accept an application for reinstatement of the	2014
certificate or for issuance of a new certificate.	2015

(M) Notwithstanding any other provision of the Revised Code,	2016
all of the following apply:	2017

(1) The surrender of a certificate issued under this chapter	2018
is not effective unless or until accepted by the board.	2019
Reinstatement of a certificate surrendered to the board requires	2020
an affirmative vote of not fewer than six members of the board.	2021

(2) An application made under this chapter for a certificate,	2022
approval of a physician supervisory plan, or approval of a	2023
supervision agreement may not be withdrawn without approval of the	2024
board.	2025

(3) Failure by an individual to renew a certificate in	2026
accordance with section 4730.14 or section 4730.48 of the Revised	2027
Code shall not remove or limit the board's jurisdiction to take	2028
disciplinary action under this section against the individual.	2029

(N) As used in this section, a "criminal offense that is	2030
substantially related" has the same meaning as in section 4743.06	2031
of the Revised Code.	2032

Sec. 4731.22.  (A) The state medical board, by an affirmative	2033
vote of not fewer than six of its members, may revoke or may	2034
refuse to grant a certificate to a person found by the board to	2035
have committed fraud during the administration of the examination	2036
for a certificate to practice or to have committed fraud,	2037
misrepresentation, or deception in applying for or securing any	2038
certificate to practice or certificate of registration issued by	2039
the board.	2040

(B) The board, by an affirmative vote of not fewer than six	2041
members, shall, to the extent permitted by law, limit, revoke, or	2042
suspend an individual's certificate to practice, refuse to	2043
register an individual, refuse to reinstate a certificate, or	2044
reprimand or place on probation the holder of a certificate for	2045
one or more of the following reasons:	2046

(1) Permitting one's name or one's certificate to practice or	2047
certificate of registration to be used by a person, group, or	2048
corporation when the individual concerned is not actually	2049
directing the treatment given;	2050

(2) Failure to maintain minimal standards applicable to the	2051
selection or administration of drugs, or failure to employ	2052
acceptable scientific methods in the selection of drugs or other	2053
modalities for treatment of disease;	2054

(3) Selling, giving away, personally furnishing, prescribing,	2055
or administering drugs for other than legal and legitimate	2056
therapeutic purposes or a plea of guilty to, a judicial finding of	2057
guilt of, or a judicial finding of eligibility for intervention in	2058
lieu of conviction of, a violation of any federal or state law	2059
regulating the possession, distribution, or use of any drug;	2060

(4) Willfully betraying a professional confidence.

2061

For purposes of this division, "willfully betraying a	2062
professional confidence" does not include providing any	2063
information, documents, or reports to a child fatality review	2064
board under sections 307.621 to 307.629 of the Revised Code and	2065
does not include the making of a report of an employee's use of a	2066
drug of abuse, or a report of a condition of an employee other	2067
than one involving the use of a drug of abuse, to the employer of	2068
the employee as described in division (B) of section 2305.33 of	2069
the Revised Code. Nothing in this division affects the immunity	2070
from civil liability conferred by that section upon a physician	2071
who makes either type of report in accordance with division (B) of	2072
that section. As used in this division, "employee," "employer,"	2073
and "physician" have the same meanings as in section 2305.33 of	2074
the Revised Code.	2075

(5) Making a false, fraudulent, deceptive, or misleading	2076
statement in the solicitation of or advertising for patients; in	2077
relation to the practice of medicine and surgery, osteopathic	2078
medicine and surgery, podiatric medicine and surgery, or a limited	2079
branch of medicine; or in securing or attempting to secure any	2080
certificate to practice or certificate of registration issued by	2081
the board.	2082

As used in this division, "false, fraudulent, deceptive, or	2083
misleading statement" means a statement that includes a	2084
misrepresentation of fact, is likely to mislead or deceive because	2085
of a failure to disclose material facts, is intended or is likely	2086
to create false or unjustified expectations of favorable results,	2087
or includes representations or implications that in reasonable	2088
probability will cause an ordinarily prudent person to	2089
misunderstand or be deceived.	2090

(6) A departure from, or the failure to conform to, minimal	2091
standards of care of similar practitioners under the same or	2092
similar circumstances, whether or not actual injury to a patient	2093
is established;	2094

(7) Representing, with the purpose of obtaining compensation	2095
or other advantage as personal gain or for any other person, that	2096
an incurable disease or injury, or other incurable condition, can	2097
be permanently cured;	2098

(8) The obtaining of, or attempting to obtain, money or	2099
anything of value by fraudulent misrepresentations in the course	2100
of practice;	2101

(9) A plea of guilty to, a judicial finding of guilt of, or a	2102
judicial finding of eligibility for intervention in lieu of	2103
conviction for, a felonycriminal offense that is substantially	2104
related to the practice of medicine;	2105

(10) Commission of an act that constitutes a felony in this	2106
state a criminal offense that is substantially related to the	2107
practice of medicine, regardless of the jurisdiction in which the	2108
act was committed;	2109

(11) A plea of guilty to, a judicial finding of guilt of, or	2110
a judicial finding of eligibility for intervention in lieu of	2111
conviction for, a misdemeanor committed in the course of practice;	2112

(12) Commission of an act in the course of practice that	2113
constitutes a misdemeanor in this state, regardless of the	2114
jurisdiction in which the act was committed;	2115

(13) A plea of guilty to, a judicial finding of guilt of, or	2116
a judicial finding of eligibility for intervention in lieu of	2117
conviction for, a misdemeanor involving moral turpitude;	2118

(14) Commission of an act involving moral turpitude that	2119
constitutes a misdemeanor in this state, regardless of the	2120
jurisdiction in which the act was committed;	2121

(15) Violation of the conditions of limitation placed by the	2122
board upon a certificate to practice;	2123

(16)(12) Failure to pay license renewal fees specified in	2124
this chapter;	2125

(17)(13) Except as authorized in section 4731.31 of the	2126
Revised Code, engaging in the division of fees for referral of	2127
patients, or the receiving of a thing of value in return for a	2128
specific referral of a patient to utilize a particular service or	2129
business;	2130

(18)(14) Subject to section 4731.226 of the Revised Code,	2131
violation of any provision of a code of ethics of the American	2132
medical association, the American osteopathic association, the	2133
American podiatric medical association, or any other national	2134
professional organizations that the board specifies by rule. The	2135
state medical board shall obtain and keep on file current copies	2136
of the codes of ethics of the various national professional	2137
organizations. The individual whose certificate is being suspended	2138
or revoked shall not be found to have violated any provision of a	2139
code of ethics of an organization not appropriate to the	2140
individual's profession.	2141

For purposes of this division, a "provision of a code of	2142
ethics of a national professional organization" does not include	2143
any provision that would preclude the making of a report by a	2144
physician of an employee's use of a drug of abuse, or of a	2145
condition of an employee other than one involving the use of a	2146
drug of abuse, to the employer of the employee as described in	2147
division (B) of section 2305.33 of the Revised Code. Nothing in	2148
this division affects the immunity from civil liability conferred	2149
by that section upon a physician who makes either type of report	2150
in accordance with division (B) of that section. As used in this	2151
division, "employee," "employer," and "physician" have the same	2152
meanings as in section 2305.33 of the Revised Code.	2153

(19)(15) Inability to practice according to acceptable and	2154
prevailing standards of care by reason of mental illness or	2155
physical illness, including, but not limited to, physical	2156
deterioration that adversely affects cognitive, motor, or	2157
perceptive skills.	2158

In enforcing this division, the board, upon a showing of a	2159
possible violation, may compel any individual authorized to	2160
practice by this chapter or who has submitted an application	2161
pursuant to this chapter to submit to a mental examination,	2162
physical examination, including an HIV test, or both a mental and	2163
a physical examination. The expense of the examination is the	2164
responsibility of the individual compelled to be examined. Failure	2165
to submit to a mental or physical examination or consent to an HIV	2166
test ordered by the board constitutes an admission of the	2167
allegations against the individual unless the failure is due to	2168
circumstances beyond the individual's control, and a default and	2169
final order may be entered without the taking of testimony or	2170
presentation of evidence. If the board finds an individual unable	2171
to practice because of the reasons set forth in this division, the	2172
board shall require the individual to submit to care, counseling,	2173
or treatment by physicians approved or designated by the board, as	2174
a condition for initial, continued, reinstated, or renewed	2175
authority to practice. An individual affected under this division	2176
shall be afforded an opportunity to demonstrate to the board the	2177
ability to resume practice in compliance with acceptable and	2178
prevailing standards under the provisions of the individual's	2179
certificate. For the purpose of this division, any individual who	2180
applies for or receives a certificate to practice under this	2181
chapter accepts the privilege of practicing in this state and, by	2182
so doing, shall be deemed to have given consent to submit to a	2183
mental or physical examination when directed to do so in writing	2184
by the board, and to have waived all objections to the	2185
admissibility of testimony or examination reports that constitute	2186
a privileged communication.	2187

(20)(16) Except when civil penalties are imposed under	2188
section 4731.225 or 4731.281 of the Revised Code, and subject to	2189
section 4731.226 of the Revised Code, violating or attempting to	2190
violate, directly or indirectly, or assisting in or abetting the	2191
violation of, or conspiring to violate, any provisions of this	2192
chapter or any rule promulgated by the board.	2193

This division does not apply to a violation or attempted	2194
violation of, assisting in or abetting the violation of, or a	2195
conspiracy to violate, any provision of this chapter or any rule	2196
adopted by the board that would preclude the making of a report by	2197
a physician of an employee's use of a drug of abuse, or of a	2198
condition of an employee other than one involving the use of a	2199
drug of abuse, to the employer of the employee as described in	2200
division (B) of section 2305.33 of the Revised Code. Nothing in	2201
this division affects the immunity from civil liability conferred	2202
by that section upon a physician who makes either type of report	2203
in accordance with division (B) of that section. As used in this	2204
division, "employee," "employer," and "physician" have the same	2205
meanings as in section 2305.33 of the Revised Code.	2206

(21)(17) The violation of section 3701.79 of the Revised Code	2207
or of any abortion rule adopted by the public health council	2208
pursuant to section 3701.341 of the Revised Code;	2209

(22)(18) Any of the following actions taken by the agency	2210
responsible for regulating the practice of medicine and surgery,	2211
osteopathic medicine and surgery, podiatric medicine and surgery,	2212
or the limited branches of medicine in another jurisdiction, for	2213
any reason other than the nonpayment of fees: the limitation,	2214
revocation, or suspension of an individual's license to practice;	2215
acceptance of an individual's license surrender; denial of a	2216
license; refusal to renew or reinstate a license; imposition of	2217
probation; or issuance of an order of censure or other reprimand;	2218

(23)(19) The violation of section 2919.12 of the Revised Code	2219
or the performance or inducement of an abortion upon a pregnant	2220
woman with actual knowledge that the conditions specified in	2221
division (B) of section 2317.56 of the Revised Code have not been	2222
satisfied or with a heedless indifference as to whether those	2223
conditions have been satisfied, unless an affirmative defense as	2224
specified in division (H)(2) of that section would apply in a	2225
civil action authorized by division (H)(1) of that section;	2226

(24)(20) The revocation, suspension, restriction, reduction,	2227
or termination of clinical privileges by the United States	2228
department of defense or department of veterans affairs or the	2229
termination or suspension of a certificate of registration to	2230
prescribe drugs by the drug enforcement administration of the	2231
United States department of justice;	2232

(25)(21) Termination or suspension from participation in the	2233
medicare or medicaid programs by the department of health and	2234
human services or other responsible agency for any act or acts	2235
that also would constitute a violation of division (B)(2), (3),	2236
(6), (8), or (19)(15) of this section;	2237

(26)(22) Impairment of ability to practice according to	2238
acceptable and prevailing standards of care because of habitual or	2239
excessive use or abuse of drugs, alcohol, or other substances that	2240
impair ability to practice.	2241

For the purposes of this division, any individual authorized	2242
to practice by this chapter accepts the privilege of practicing in	2243
this state subject to supervision by the board. By filing an	2244
application for or holding a certificate to practice under this	2245
chapter, an individual shall be deemed to have given consent to	2246
submit to a mental or physical examination when ordered to do so	2247
by the board in writing, and to have waived all objections to the	2248
admissibility of testimony or examination reports that constitute	2249
privileged communications.	2250

If it has reason to believe that any individual authorized to	2251
practice by this chapter or any applicant for certification to	2252
practice suffers such impairment, the board may compel the	2253
individual to submit to a mental or physical examination, or both.	2254
The expense of the examination is the responsibility of the	2255
individual compelled to be examined. Any mental or physical	2256
examination required under this division shall be undertaken by a	2257
treatment provider or physician who is qualified to conduct the	2258
examination and who is chosen by the board.	2259

Failure to submit to a mental or physical examination ordered	2260
by the board constitutes an admission of the allegations against	2261
the individual unless the failure is due to circumstances beyond	2262
the individual's control, and a default and final order may be	2263
entered without the taking of testimony or presentation of	2264
evidence. If the board determines that the individual's ability to	2265
practice is impaired, the board shall suspend the individual's	2266
certificate or deny the individual's application and shall require	2267
the individual, as a condition for initial, continued, reinstated,	2268
or renewed certification to practice, to submit to treatment.	2269

Before being eligible to apply for reinstatement of a	2270
certificate suspended under this division, the impaired	2271
practitioner shall demonstrate to the board the ability to resume	2272
practice in compliance with acceptable and prevailing standards of	2273
care under the provisions of the practitioner's certificate. The	2274
demonstration shall include, but shall not be limited to, the	2275
following:	2276

(a) Certification from a treatment provider approved under	2277
section 4731.25 of the Revised Code that the individual has	2278
successfully completed any required inpatient treatment;	2279

(b) Evidence of continuing full compliance with an aftercare	2280
contract or consent agreement;	2281

(c) Two written reports indicating that the individual's	2282
ability to practice has been assessed and that the individual has	2283
been found capable of practicing according to acceptable and	2284
prevailing standards of care. The reports shall be made by	2285
individuals or providers approved by the board for making the	2286
assessments and shall describe the basis for their determination.	2287

The board may reinstate a certificate suspended under this	2288
division after that demonstration and after the individual has	2289
entered into a written consent agreement.	2290

When the impaired practitioner resumes practice, the board	2291
shall require continued monitoring of the individual. The	2292
monitoring shall include, but not be limited to, compliance with	2293
the written consent agreement entered into before reinstatement or	2294
with conditions imposed by board order after a hearing, and, upon	2295
termination of the consent agreement, submission to the board for	2296
at least two years of annual written progress reports made under	2297
penalty of perjury stating whether the individual has maintained	2298
sobriety.	2299

(27)(23) A second or subsequent violation of section 4731.66	2300
or 4731.69 of the Revised Code;	2301

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

2302

(a) Waiving the payment of all or any part of a deductible or	2303
copayment that a patient, pursuant to a health insurance or health	2304
care policy, contract, or plan that covers the individual's	2305
services, otherwise would be required to pay if the waiver is used	2306
as an enticement to a patient or group of patients to receive	2307
health care services from that individual;	2308

(b) Advertising that the individual will waive the payment of	2309
all or any part of a deductible or copayment that a patient,	2310
pursuant to a health insurance or health care policy, contract, or	2311
plan that covers the individual's services, otherwise would be	2312
required to pay.	2313

(29)(25) Failure to use universal blood and body fluid	2314
precautions established by rules adopted under section 4731.051 of	2315
the Revised Code;	2316

(30)(26) Failure to provide notice to, and receive	2317
acknowledgment of the notice from, a patient when required by	2318
section 4731.143 of the Revised Code prior to providing	2319
nonemergency professional services, or failure to maintain that	2320
notice in the patient's file;	2321

(31)(27) Failure of a physician supervising a physician	2322
assistant to maintain supervision in accordance with the	2323
requirements of Chapter 4730. of the Revised Code and the rules	2324
adopted under that chapter;	2325

(32)(28) Failure of a physician or podiatrist to enter into a	2326
standard care arrangement with a clinical nurse specialist,	2327
certified nurse-midwife, or certified nurse practitioner with whom	2328
the physician or podiatrist is in collaboration pursuant to	2329
section 4731.27 of the Revised Code or failure to fulfill the	2330
responsibilities of collaboration after entering into a standard	2331
care arrangement;	2332

(33)(29) Failure to comply with the terms of a consult	2333
agreement entered into with a pharmacist pursuant to section	2334
4729.39 of the Revised Code;	2335

(34)(30) Failure to cooperate in an investigation conducted	2336
by the board under division (F) of this section, including failure	2337
to comply with a subpoena or order issued by the board or failure	2338
to answer truthfully a question presented by the board at a	2339
deposition or in written interrogatories, except that failure to	2340
cooperate with an investigation shall not constitute grounds for	2341
discipline under this section if a court of competent jurisdiction	2342
has issued an order that either quashes a subpoena or permits the	2343
individual to withhold the testimony or evidence in issue;	2344

(35)(31) Failure to supervise an acupuncturist in accordance	2345
with Chapter 4762. of the Revised Code and the board's rules for	2346
supervision of an acupuncturist;	2347

(36)(32) Failure to supervise an anesthesiologist assistant	2348
in accordance with Chapter 4760. of the Revised Code and the	2349
board's rules for supervision of an anesthesiologist assistant;	2350

(37)(33) Assisting suicide as defined in section 3795.01 of	2351
the Revised Code;	2352

(38)(34) Failure to comply with the requirements of section	2353
2317.561 of the Revised Code;	2354

(39)(35) Failure to supervise a radiologist assistant in	2355
accordance with Chapter 4774. of the Revised Code and the board's	2356
rules for supervision of radiologist assistants.	2357

(C) Disciplinary actions taken by the board under divisions	2358
(A) and (B) of this section shall be taken pursuant to an	2359
adjudication under Chapter 119. of the Revised Code, except that	2360
in lieu of an adjudication, the board may enter into a consent	2361
agreement with an individual to resolve an allegation of a	2362
violation of this chapter or any rule adopted under it. A consent	2363
agreement, when ratified by an affirmative vote of not fewer than	2364
six members of the board, shall constitute the findings and order	2365
of the board with respect to the matter addressed in the	2366
agreement. If the board refuses to ratify a consent agreement, the	2367
admissions and findings contained in the consent agreement shall	2368
be of no force or effect.	2369

If the board takes disciplinary action against an individual	2370
under division (B) of this section for a second or subsequent plea	2371
of guilty to, or judicial finding of guilt of, a violation of	2372
section 2919.123 of the Revised Code, the disciplinary action	2373
shall consist of a suspension of the individual's certificate to	2374
practice for a period of at least one year or, if determined	2375
appropriate by the board, a more serious sanction involving the	2376
individual's certificate to practice. Any consent agreement	2377
entered into under this division with an individual that pertains	2378
to a second or subsequent plea of guilty to, or judicial finding	2379
of guilt of, a violation of that section shall provide for a	2380
suspension of the individual's certificate to practice for a	2381
period of at least one year or, if determined appropriate by the	2382
board, a more serious sanction involving the individual's	2383
certificate to practice.	2384

(D) For purposes of divisionsdivision (B)(10), (12), and	2385
(14) of this section, the commission of the act may be established	2386
by a finding by the board, pursuant to an adjudication under	2387
Chapter 119. of the Revised Code, that the individual committed	2388
the act. The board does not have jurisdiction under those	2389
divisionsthat division if the trial court renders a final	2390
judgment in the individual's favor and that judgment is based	2391
upon an adjudication on the merits. The board has jurisdiction	2392
under those divisionsthat division if the trial court issues an	2393
order of dismissal upon technical or procedural grounds.	2394

(E) The sealing of conviction records by any court shall have	2395
no effect upon a prior board order entered under this section or	2396
upon the board's jurisdiction to take action under this section	2397
if, based upon a plea of guilty, a judicial finding of guilt, or a	2398
judicial finding of eligibility for intervention in lieu of	2399
conviction, the board issued a notice of opportunity for a hearing	2400
prior to the court's order to seal the records. The board shall	2401
not be required to seal, destroy, redact, or otherwise modify its	2402
records to reflect the court's sealing of conviction records.	2403

(F)(1) The board shall investigate evidence that appears to	2404
show that a person has violated any provision of this chapter or	2405
any rule adopted under it. Any person may report to the board in a	2406
signed writing any information that the person may have that	2407
appears to show a violation of any provision of this chapter or	2408
any rule adopted under it. In the absence of bad faith, any person	2409
who reports information of that nature or who testifies before the	2410
board in any adjudication conducted under Chapter 119. of the	2411
Revised Code shall not be liable in damages in a civil action as a	2412
result of the report or testimony. Each complaint or allegation of	2413
a violation received by the board shall be assigned a case number	2414
and shall be recorded by the board.	2415

(2) Investigations of alleged violations of this chapter or	2416
any rule adopted under it shall be supervised by the supervising	2417
member elected by the board in accordance with section 4731.02 of	2418
the Revised Code and by the secretary as provided in section	2419
4731.39 of the Revised Code. The president may designate another	2420
member of the board to supervise the investigation in place of the	2421
supervising member. No member of the board who supervises the	2422
investigation of a case shall participate in further adjudication	2423
of the case.	2424

(3) In investigating a possible violation of this chapter or	2425
any rule adopted under this chapter, the board may administer	2426
oaths, order the taking of depositions, issue subpoenas, and	2427
compel the attendance of witnesses and production of books,	2428
accounts, papers, records, documents, and testimony, except that a	2429
subpoena for patient record information shall not be issued	2430
without consultation with the attorney general's office and	2431
approval of the secretary and supervising member of the board.	2432
Before issuance of a subpoena for patient record information, the	2433
secretary and supervising member shall determine whether there is	2434
probable cause to believe that the complaint filed alleges a	2435
violation of this chapter or any rule adopted under it and that	2436
the records sought are relevant to the alleged violation and	2437
material to the investigation. The subpoena may apply only to	2438
records that cover a reasonable period of time surrounding the	2439
alleged violation.	2440

On failure to comply with any subpoena issued by the board	2441
and after reasonable notice to the person being subpoenaed, the	2442
board may move for an order compelling the production of persons	2443
or records pursuant to the Rules of Civil Procedure.	2444

A subpoena issued by the board may be served by a sheriff,	2445
the sheriff's deputy, or a board employee designated by the board.	2446
Service of a subpoena issued by the board may be made by	2447
delivering a copy of the subpoena to the person named therein,	2448
reading it to the person, or leaving it at the person's usual	2449
place of residence. When the person being served is a person whose	2450
practice is authorized by this chapter, service of the subpoena	2451
may be made by certified mail, restricted delivery, return receipt	2452
requested, and the subpoena shall be deemed served on the date	2453
delivery is made or the date the person refuses to accept	2454
delivery.	2455

A sheriff's deputy who serves a subpoena shall receive the	2456
same fees as a sheriff. Each witness who appears before the board	2457
in obedience to a subpoena shall receive the fees and mileage	2458
provided for witnesses in civil cases in the courts of common	2459
pleas.	2460

(4) All hearings and investigations of the board shall be	2461
considered civil actions for the purposes of section 2305.252 of	2462
the Revised Code.	2463

(5) Information received by the board pursuant to an	2464
investigation is confidential and not subject to discovery in any	2465
civil action.	2466

The board shall conduct all investigations and proceedings in	2467
a manner that protects the confidentiality of patients and persons	2468
who file complaints with the board. The board shall not make	2469
public the names or any other identifying information about	2470
patients or complainants unless proper consent is given or, in the	2471
case of a patient, a waiver of the patient privilege exists under	2472
division (B) of section 2317.02 of the Revised Code, except that	2473
consent or a waiver of that nature is not required if the board	2474
possesses reliable and substantial evidence that no bona fide	2475
physician-patient relationship exists.	2476

The board may share any information it receives pursuant to	2477
an investigation, including patient records and patient record	2478
information, with law enforcement agencies, other licensing	2479
boards, and other governmental agencies that are prosecuting,	2480
adjudicating, or investigating alleged violations of statutes or	2481
administrative rules. An agency or board that receives the	2482
information shall comply with the same requirements regarding	2483
confidentiality as those with which the state medical board must	2484
comply, notwithstanding any conflicting provision of the Revised	2485
Code or procedure of the agency or board that applies when it is	2486
dealing with other information in its possession. In a judicial	2487
proceeding, the information may be admitted into evidence only in	2488
accordance with the Rules of Evidence, but the court shall require	2489
that appropriate measures are taken to ensure that confidentiality	2490
is maintained with respect to any part of the information that	2491
contains names or other identifying information about patients or	2492
complainants whose confidentiality was protected by the state	2493
medical board when the information was in the board's possession.	2494
Measures to ensure confidentiality that may be taken by the court	2495
include sealing its records or deleting specific information from	2496
its records.	2497

(6) On a quarterly basis, the board shall prepare a report	2498
that documents the disposition of all cases during the preceding	2499
three months. The report shall contain the following information	2500
for each case with which the board has completed its activities:	2501

(a) The case number assigned to the complaint or alleged	2502
violation;	2503

(b) The type of certificate to practice, if any, held by the	2504
individual against whom the complaint is directed;	2505

(c) A description of the allegations contained in the	2506
complaint;	2507

(d) The disposition of the case.

2508

The report shall state how many cases are still pending and	2509
shall be prepared in a manner that protects the identity of each	2510
person involved in each case. The report shall be a public record	2511
under section 149.43 of the Revised Code.	2512

(G) If the secretary and supervising member determine that	2513
there is clear and convincing evidence that an individual has	2514
violated division (B) of this section and that the individual's	2515
continued practice presents a danger of immediate and serious harm	2516
to the public, they may recommend that the board suspend the	2517
individual's certificate to practice without a prior hearing.	2518
Written allegations shall be prepared for consideration by the	2519
board.	2520

The board, upon review of those allegations and by an	2521
affirmative vote of not fewer than six of its members, excluding	2522
the secretary and supervising member, may suspend a certificate	2523
without a prior hearing. A telephone conference call may be	2524
utilized for reviewing the allegations and taking the vote on the	2525
summary suspension.	2526

The board shall issue a written order of suspension by	2527
certified mail or in person in accordance with section 119.07 of	2528
the Revised Code. The order shall not be subject to suspension by	2529
the court during pendency of any appeal filed under section 119.12	2530
of the Revised Code. If the individual subject to the summary	2531
suspension requests an adjudicatory hearing by the board, the date	2532
set for the hearing shall be within fifteen days, but not earlier	2533
than seven days, after the individual requests the hearing, unless	2534
otherwise agreed to by both the board and the individual.	2535

Any summary suspension imposed under this division shall	2536
remain in effect, unless reversed on appeal, until a final	2537
adjudicative order issued by the board pursuant to this section	2538
and Chapter 119. of the Revised Code becomes effective. The board	2539
shall issue its final adjudicative order within seventy-five days	2540
after completion of its hearing. A failure to issue the order	2541
within seventy-five days shall result in dissolution of the	2542
summary suspension order but shall not invalidate any subsequent,	2543
final adjudicative order.	2544

(H) If the board takes action under division (B)(9), (11), or	2545
(13) of this section and the judicial finding of guilt, guilty	2546
plea, or judicial finding of eligibility for intervention in lieu	2547
of conviction is overturned on appeal, upon exhaustion of the	2548
criminal appeal, a petition for reconsideration of the order may	2549
be filed with the board along with appropriate court documents.	2550
Upon receipt of a petition of that nature and supporting court	2551
documents, the board shall reinstate the individual's certificate	2552
to practice. The board may then hold an adjudication under Chapter	2553
119. of the Revised Code to determine whether the individual	2554
committed the act in question. Notice of an opportunity for a	2555
hearing shall be given in accordance with Chapter 119. of the	2556
Revised Code. If the board finds, pursuant to an adjudication held	2557
under this division, that the individual committed the act or if	2558
no hearing is requested, the board may order any of the sanctions	2559
identified under division (B) of this section.	2560

(I) The certificate to practice issued to an individual under	2561
this chapter and the individual's practice in this state are	2562
automatically suspended as of the date of the individual's second	2563
or subsequent plea of guilty to, or judicial finding of guilt of,	2564
a violation of section 2919.123 of the Revised Code, or the date	2565
the individual pleads guilty to, is found by a judge or jury to be	2566
guilty of, or is subject to a judicial finding of eligibility for	2567
intervention in lieu of conviction in this state or treatment or	2568
intervention in lieu of conviction in another jurisdiction for any	2569
of the following criminal offenses in this state or a	2570
substantially equivalent criminal offense in another jurisdiction:	2571
aggravated murder, murder, voluntary manslaughter, felonious	2572
assault, kidnapping, rape, sexual battery, gross sexual	2573
imposition, aggravated arson, aggravated robbery, or aggravated	2574
burglary. Continued practice after suspension shall be considered	2575
practicing without a certificate.	2576

The board shall notify the individual subject to the	2577
suspension by certified mail or in person in accordance with	2578
section 119.07 of the Revised Code. If an individual whose	2579
certificate is automatically suspended under this division fails	2580
to make a timely request for an adjudication under Chapter 119. of